Khan v. Obama
398 U.S. App. D.C. 20
D.C. Cir.2011Background
- Khan, a Afghan detainee at Guantanamo, was found by the district court to be part of HIG, an associated force of al Qaeda and Taliban, at the time of capture in 2002.
- Key evidence included three Afghan informants (Informants A, B, C) describing Khan's role in Kandahar HIG cell and its operations.
- Informant A provided detailed operational descriptions and timing of attacks; Informants B and C corroborated aspects of A's information.
- Additional evidence included items seized from Khan's home/shop and heavily redacted classified reports, supplemented by Army collectors' declarations of reliability.
- The district court admitted redacted reports for in camera review, found indicia of reliability, and denied the habeas petition; the court also held HIG an associated force in 2002 under the AUMF.
- Khan's habeas petition, filed after Boumediene, challenged the reliability of the informants and the redacted evidence; the court allowed discovery and reviewed unredacted materials in camera.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the informant reports are sufficiently reliable to support detention | Khan argues informants lack indicia of reliability | Government contends collectors' declarations cure reliability concerns | Yes, informants plus declarations are sufficiently reliable |
| Whether heavily redacted reports can support reliability finding | Unredacted access denied; reliability cannot be assessed | Alternative submissions and in camera review provide adequate reliability assessment | Yes, unredacted materials and substitute declarations are reliable |
| Whether expert testimony negates HIG in Kandahar 2002 | Khan's expert says no Kandahar HIG cell in 2002 | Evidence shows HIG presence/association persisted; expert inconclusive | No clear error; district court properly weighed expert testimony against other evidence |
| Whether HIG was an associated force of al Qaeda/Taliban in 2002 | Expert testimony contradicts association | Classified and public sources support association | Yes, HIG associated with al Qaeda/Taliban in 2002 |
Key Cases Cited
- Parhat v. Gates, 532 F.3d 834 (D.C. Cir. 2008) (reliability assessment of hearsay evidence for enemy-combatant determinations)
- Barhoumi v. Obama, 609 F.3d 416 (D.C. Cir. 2010) (diary/first-hand knowledge and independent verification as reliability indicators)
- Awad v. Obama, 608 F.3d 1 (D.C. Cir. 2010) (reliability of hearsay evidence; not all hearsay is unreliable)
- Al Odah v. United States, 611 F.3d 8 (D.C. Cir. 2010) (habeas standard under AUMF; preponderance of evidence recognized as constitutional)
- Al-Bihani v. Obama, 590 F.3d 866 (D.C. Cir. 2010) (detention standards under AUMF; reliability assessment)
- Bensayah v. Obama, 610 F.3d 718 (D.C. Cir. 2010) (reliability and corroboration in determinations of association)