On Secrecy in Habeas Cases: Opinion in Morafa
So begins this interesting opinion from the United States District Court for the District of Columbia, in a habeas case brought by Guantanamo detainee Mohammed Morafa:
On a petition for a writ for habeas corpus filed by a detainee at Guantanamo Bay, may the Respondents rely on Top Secret source-identifying information for which there is no adequate substitute and that cannot be released to Petitioner’s counsel, even if it might assist his petition?
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So begins this interesting opinion from the United States District Court for the District of Columbia, in a habeas case brought by Guantanamo detainee Mohammed Morafa:
On a petition for a writ for habeas corpus filed by a detainee at Guantanamo Bay, may the Respondents rely on Top Secret source-identifying information for which there is no adequate substitute and that cannot be released to Petitioner’s counsel, even if it might assist his petition? After lengthy argument, briefing, and consideration, this Court answered the question in the affirmative and now writes to explain its conclusions.
Wells C. Bennett was Managing Editor of Lawfare and a Fellow in National Security Law at the Brookings Institution. Before coming to Brookings, he was an Associate at Arnold & Porter LLP.
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