of Algerian decent, was legality of their arrested by US forces in detention; Bosnia in fall of 2001 & -MCA clause denying sent to Gitmo as an federal courts of enemy combatant. He jurisdiction to hear reportedly was under habeas corpus actions suspicion for making lots that were pending at the of phone calls to time of its enactment Afghanistan and effected Pakistan. Bosnian courts unconstitutional found no evidence suspension of writ of against him. habeas corpus. Alien at AB was a cook for the Does his status meet -Amended MCA can DETENTION Al-Bihani GTMO Taliban, unclear if he and classify combatant in “part of” “in wore a uniform, captured support prongs of order to justify of” and detained at GTMO MCA? detention. If so, properly detained -Gov’t can use preponderance of evidence standard and hearsay evidence. Alien at Assisted AQ with East A defendant is not Ghailani I (SDNY 2010) GTMO Africa bombings suppressible fruit, as in what he said elicited by torture enough that he is the fruit of the torture and the case should be dismissed Alien at Assisted AQ with East Was the an did not prove Ghailani II Gov’t GTMO Africa bombings incriminating statement attenuatedness of (SDNY 2010) obtained through testimony by KSM, coercion? would violate 5th If yes, Fifth amendment to use even Amendment right if obtained for
of Algerian decent, was arrested by US forces in Bosnia in fall of 2001 & sent to Gitmo as an enemy combatant. He reportedly was under suspicion for making lots of phone calls to Afghanistan and Pakistan. Bosnian courts found no evidence against him. legality of their detention; -MCA clause denying federal courts of jurisdiction to hear habeas corpus actions that were pending at the time of its enactment effected unconstitutional suspension of writ of habeas corpus. Al-Bihani Alien at GTMO AB was a cook for the Taliban, unclear if he wore a uniform, captured and detained at GTMO Does his status meet “part of” and “in support of” prongs of MCA? If so, properly detained -Amended MCA can classify combatant in order to justify detention. -Gov’t can use preponderance of evidence standard and hearsay evidence. DETENTION Ghailani I (SDNY 2010) Alien at GTMO Assisted AQ with East Africa bombings A defendant is not suppressible fruit, as in what he said elicited by torture enough that he is the fruit of the torture and the case should be dismissed Ghailani II (SDNY 2010) Alien at GTMO Assisted AQ with East Africa bombings Was the an incriminating statement obtained through coercion? If yes, Fifth Amendment right Gov’t did not prove attenuatedness of testimony by KSM, would violate 5th amendment to use even if obtained for
ICTL_Rascoff_Fall_2011_Case_Chart.docx