D.C. Circuit Upholds District Court's decision in Khan v. Obama
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Wells's oral argument preview is available here, while you can view Ben's unusually brief argument recap here (the judges sealed the courtroom just before beginning oral arguments) and access the briefs here. Commentary to come as soon as we have read the opinion.Shawali Khan, a detainee at the United States naval base at Guantanamo Bay, Cuba, appeals the denial of his petition for a writ of habeas corpus. The district court found that Khan was “part of” Hezb-i Islami Gulbuddin (HIG), an associated force of al Qaeda and the Taliban engaged in hostilities against the United States and its coalition partners. Khan’s primary contention on appeal is that the district court erred in concluding that intelligence reports offered by the government to prove his membership in an HIG cell were reliable. Finding no error in the district court’s careful consideration of the evidence, we affirm its denial of Khan’s petition.