Alsabri v. Obama
764 F. Supp. 2d 60
D.D.C.2011Background
- Petitioner Mashour Alsabri, a Yemeni national, is detained at Guantanamo Bay under the government’s claim he supported Taliban/al-Qaeda or associated forces.
- Merits hearing in November 2010 spanned four days with extensive exhibits, including interrogation reports and intelligence documents, regarding his alleged activities and affiliations.
- The court must determine detention legality under the AUMF standard requiring a preponderance of evidence that he was either part of al-Qaeda/Taliban or knowingly and materially supporting them.
- Evidence centers on his travel from Yemen to Afghanistan in 2000 to fight or train with Taliban/al-Qaeda, stay at guesthouses affiliated with those groups, and receive military-style training.
- He is alleged to have remained part of those forces at the time of his capture in early 2002, justifying continued detention under the first prong of the detention standard.
- The court treats hearsay and related evidence with careful reliability evaluations, requiring threshold reliability and probative weight for each piece of evidence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the government may detain under AUMF as part of al-Qaida/Taliban or associated forces | Alsabri was not part of those forces | He was part or materially supported them | Detention upheld under AUMF as part of al-Qaida/associated forces |
| Did Alsabri travel to Afghanistan to fight for Taliban/al-Qaida or related forces | Travel was for non-jihad purposes | Evidence shows travel for jihad and martyrdom with these groups | More likely than not traveled to Afghanistan to fight with Taliban/al-Qaida or associated forces |
| Did staying at al-Qaida/Taliban guesthouses support detention | Guesthouses were not necessarily affiliated with those groups | Guesthouses were Taliban/al-Qaida affiliated and petitioner knew so | Stays at multiple guesthouses, with knowledge of affiliations, support detention |
| Did petitioner receive military-style training in Afghanistan | No verifiable training occurred | Evidence shows submission to training and enrollment in camps | Petitioner applied for/received military training; supports detention |
| Was petitioner still part of Taliban/al-Qaida at time of capture | Did not dissociate; timing uncertain | Evidence shows continued association and actions tying him to those forces | Petitioner remained part of al-Qaida/Taliban at capture; detention lawful |
Key Cases Cited
- Al-Bihani v. Obama, 590 F.3d 866 (D.C. Cir. 2010) (establishes preponderance standard for detentions under AUMF and reliability considerations)
- Awad v. Obama, 608 F.3d 1 (D.C. Cir. 2010) (detention standard and thresholds under AUMF; reliability of evidence)
- Barhoumi v. Obama, 609 F.3d 416 (D.C. Cir. 2010) (hearsay evidence admissible but weight limited by reliability)
- Al-Adahi v. Obama, 613 F.3d 1102 (D.C. Cir. 2010) (requires evaluation of evidence reliability and cumulation of proof)
- Al Odah v. United States, 611 F.3d 8 (D.C. Cir. 2010) (explains reliability corroboration for hearsay in GTMO cases)
- Gherebi v. Obama, 609 F. Supp. 2d 43 (D.D.C. 2009) (contextualizes reliance on detainee evidence and weight of testimony)
- Hatim v. Obama, 677 F. Supp. 2d 1 (D.D.C. 2010) (rules on admissibility and reliability of hearsay evidence in GTMO cases)
- Parhat v. Gates, 532 F.3d 834 (D.C. Cir. 2008) (discusses reliability and corroboration in evaluating evidence)