Ali v. Obama
2011 U.S. Dist. LEXIS 2507
D.D.C.2011Background
- Petitioner Abdul Razak Ali (also known as Saeed Bakhouche), an Algerian detainee at Guantanamo Bay, was captured March 28, 2002 in Faisalabad, Pakistan, with Abu Zubaydah and other senior operatives.
- He was held at Bagram before transfer to Guantanamo in June 2002.
- Petitioner filed a habeas corpus petition on December 21, 2005, after Rasul v. Bush recognized jurisdiction for Guantanamo detainees.
- Judge Boumediene v. Bush framework established the standard and procedural process for evaluating detention petitions in this district.
- The court issued a Case Management Order (CMO) governing burden of proof, standard of proof (preponderance), discovery, and the definition of “enemy combatant” for merits hearings; status and discovery issues evolved through multiple orders and transfers.
- Ultimately, the court denied the petition, concluding petitioner was more likely than not part of Abu Zubaydah’s force and lawfully detainable under the AUMF.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Bakhouche was part of Abu Zubaydah’s force under the AUMF. | Ali (Bakhouche) denies membership in Abu Zubaydah’s force. | Government asserts presence at the Faisalabad guesthouse and corroborating pre-Pakistan Afghanistan activity establish membership. | More likely than not Bakhouche was a member, justifying detention. |
| Whether the evidence supports detaining under the AUMF by preponderance of the evidence standard. | Insufficient or unreliable identifications undermine detention. | Credible identifications and corroborating records satisfy the standard. | Evidence meets the preponderance standard. |
| Whether ex parte/classified material undermines detainee access or rights in the merits proceedings. | Exculpatory material should be shared with detainee counsel. | Certain materials can be withheld if disclosure would endanger national security. | Given the withdrawal of reliance on the contested witness and subsequent disclosures, the issue did not alter the merits. |
Key Cases Cited
- Boumediene v. Bush, 553 U.S. 723 (U.S. 2008) (established habeas rights and procedural framework for detainees at Guantanamo)
- Barhoumi v. Obama, 609 F.3d 416 (D.C. Cir. 2010) (affirms Abu Zubaydah’s associated force status as detainable under the AUMF)
- Al-Bihani v. Obama, 590 F.3d 866 (D.C. Cir. 2010) (approves procedural framework for habeas merits hearings in terrorism cases)