Mashour Alsabri v. Barack Obama
401 U.S. App. D.C. 373
D.C. Cir.2012Background
- Guantanamo detainee Mashour Abdullah Muqbel Alsabri appeals district court denial of habeas petition.
- District court found Alsabri part of Taliban/al-Qaeda or associated forces under the AUMF, based on travel to Afghanistan, stays at guesthouses, and training.
- Alsabri lived in Yemen, traveled to Afghanistan in 2000, stayed at Taliban/al-Qaeda guesthouses, and received military training.
- He admitted traveling to the front lines to aid Taliban fighters; statements and training records were used to support detention.
- The district court applied a preponderance-of-the-evidence standard to determine “part of” the Taliban/al-Qaeda for detention.
- On appeal, Alsabri challenges factual findings, certain evidentiary rulings, and several legal principles; the court affirms.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether district court’s findings that Alsabri traveled to Afghanistan to fight with Taliban/al-Qaeda are clearly erroneous | Alsabri argues findings are not supported | Government contends evidence supports travel-forces conclusion | No clear error; findings supported by corroborated admissions and conduct |
| Whether admission of certain evidence (DIA training records, fatwa) was an abuse of discretion | Objections to DIA document and fatwa should exclude | Evidence reliably supports found facts; rebuttal admissible | No abuse; even if error, harmless given other substantial evidence |
| Whether preponderance-of-the-evidence standard is constitutional for AUMF detainees | Standard applied incorrectly; should be clear-and-convincing | Preponderance standard constitutional for habeas under AUMF | Preponderance standard is constitutional |
| Whether district court properly credited training records and interrogations linking Alsabri to al-Qaeda | Records unreliable; inconsistencies in kunya, translation | Records corroborated by multiple sources; admissible | Evidence properly credited; corroboration supports reliability |
| Whether the court’s findings, viewed as a whole, establish Alsabri as part of Taliban/al-Qaeda | Individual pieces insufficient; not part of forces | Cumulative evidence shows membership or association | Viewed cumulatively, evidence shows Alsabri part of Taliban/al-Qaeda |
Key Cases Cited
- Khan v. Obama, 655 F.3d 20 (D.C. Cir. 2011) (AUMF authority to detain part of forces associated with al-Qaeda or Taliban; framework for review)
- Al Odah v. United States, 611 F.3d 8 (D.C. Cir. 2010) (Precedent on habeas review and detention authority under AUMF)
- Uthman v. Obama, 637 F.3d 400 (D.C. Cir. 2011) (Guesthouse stays and corroboration as evidentiary indicators)
- Esmail v. Obama, 639 F.3d 1075 (D.C. Cir. 2011) (Training at al-Qaeda camps as strong evidence of affiliation)
- Al-Bihani v. Obama, 590 F.3d 866 (D.C. Cir. 2010) (Evidence sufficiency and standard of review for detention decisions)
- Awad v. Obama, 608 F.3d 1 (D.C. Cir. 2010) (Review framework for evidentiary and factual determinations)