7. William Jefferson
The former Democratic congressman had already been forced out of office at the start of 2009, so with less to lose than a sitting politician, he didn’t quite make the top tier of this list. But 2009 sealed Jefferson’s fate as a corruption politician. Jefferson, who formerly represented Louisiana’s 2nd Congressional District, was convicted on corruption charges in April, and will be forever known as the congressman who hid cash in his freezer. Next — 6. Chris Dodd Link: 7. William Jefferson
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4. Mark Sanford
Remember when Gov. Sanford (R-S.C.) was regarded as a potential 2012 candidate? That was at the start of this year, when he was head of the Republican Governors Association, drew national attention for opposing the stimulus, and was generally laying the groundwork for a presidential run. But a bizarre scandal destroyed Sanford’s hopes for a future at the White House. His closest advisers were left scrambling to explain his whereabouts this past summer, first telling the public that Sanford was hiking the Appalachian Trail. Sanford later admitted he was having an extramarital escapade in Argentina. He soon resigned from the RGA and faced calls to step down from office. But he has refused to throw in the towel and continues to serve as governor. Next — 3. Creigh Deeds Read the rest here: 4. Mark Sanford
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2. Jon Corzine
At the start on 2009, the Democratic governor of New Jersey already lacked the approval ratings to suggest an easy reelection for him in the fall. But few were ready to put money on New Jersey going Republican in November. Despite the state’s Democratic slant and Corzine’s incumbency, experience, personal wealth and campaign visits from just about every major Democratic politician in the country, Corzine lost his seat. Democrats blame the state’s troubled economy for Corzine’s loss, but Republicans point to Corzine’s failure to solve the state’s tax, housing and employment crises. Next — 1. Rod Blagojevich Excerpt from: 2. Jon Corzine
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2. Jon Corzine
6. Chris Dodd
Sen. Dodd (D-Conn.) is widely regarded as one of the most vulnerable incumbent senators heading into the 2010 elections. Many have been looking to Dodd, the chairman of the Banking, Housing and Urban Affairs Committee, for economic solutions. But his role in the Senate’s economic debate this year was clouded by revelations concerning his ties to the Countrywide mortgage controversy. That scandal and other factors have pushed Dodd’s approval ratings deep into the red. In addition, some voters still feel burned by Dodd’s decision to move his family to Iowa during his failed bid for president in 2008. Discussion about a Dodd resignation or retirement continues despite the senator’s protestations. Next — 5. John Edwards See more here: 6. Chris Dodd
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6. Chris Dodd
9. David Paterson
Paterson became governor of New York in 2008 after Elliot Spitzer resigned amid sex scandals. At the time, Democrats were pleased to be getting rid of Spitzer and believed that with Paterson running for a full term in 2010, the party would have a strong shot at holding the governorship. But soon both Paterson and his wife were publicly admitting their own extramarital affairs and former drug use. Spitzer made some stumbles this year and voters report they have little confidence in his ability to lead (a negative view Paterson supporters blame on the economic downturn.) At the end of 2009, polls show Paterson with reverse approval ratings, making him extremely vulnerable for reelection … if he runs. Next — 8. Harry Reid Read the rest here: 9. David Paterson
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3. Creigh Deeds
In 2009, Deeds clinched the Democratic nomination for Virginia governor, and Democrats pinned their hopes on Deeds to hold the seat for their party. But Deeds’ campaign quickly fizzled. The party attacked Republican opponent Bob McDonnell as a sexist and an extreme conservative, but McDonnell successfully fought off the negative labels. Polls show the attacks reflected badly on Deeds, who also made his own campaign stumbles, including his accidental support for tax increases. McDonnell easily clinched the race in November and Deeds’ campaign went down as a major failure. Next — 2. Jon Corzine Follow this link: 3. Creigh Deeds
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3. Creigh Deeds
8. Harry Reid
If things had gone smoothly for Democrats this year, the Senate Majority Leader from Nevada wouldn’t have made this list. But the Democratic caucus devolved into a civil war of sorts over health care reform legislation, and the blame for the intraparty conflict has fallen squarely on Reid. He faced attacks on health care from the left (by Howard Dean, for example) as well as from moderates who found fault with the legislation. The passage of the Senate health bill on Thursday marks a huge victory for Reid, but comparisons to House Speaker Nancy Pelosi, who passed a more progressive health bill with less feuding, are not flattering for Reid. Amid the health care slog, Reid was forced to put off other pressing Senate business until 2010. And outside of Washington, things are no better for the senator. He faces a potentially difficult reelection race, though the GOP thus far has failed to produce a top-tier challenger. Next — 7. William Jefferson Go here to read the rest: 8. Harry Reid
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Gitmo Habeas Scoreboard — Government Wins
Detainees U.S. Government 32 9 Below is a list of the Guantanamo habeas corpus cases in which the U.S. government won. Information compiled by Pro Publica and David Remes, legal director of Appeal for Justice. Moath Hamza Ahmed Al Alwi Nationality: Yemeni Circumstances of Capture: Arrested in Pakistan by Pakistani authorities in late 2001 and transferred to US custody. Summary of Allegations: The government alleged that Al Alwi stayed at guesthouses and received military training at camps closely associated with al-Qaeda and the Taliban, that he supported Taliban fighters (including after the U.S. forces arrived in October 2001), and that he served as a bodyguard to Osama bin Laden. Status: Judge denied release Dec. 30, 2008. Al Alwi is appealing the decision and remains at Guantanamo. Reason for Court’s Decision: The judge said that “more than ample evidence” proves Al Alwi stayed at Qaeda and Taliban guesthouses and trained with and supported the Taliban. This was enough to justify his indefinite detention, even without persuasive evidence that Al Alwi had taken up arms himself against the U.S. or its allies. Since this conduct alone justified his detention, the judge said, there was no need for the court to address the allegations that Al Alwi had been a bin Laden bodyguard and trained with al-Qaeda. Court Documents: Trial Court Decision Government Allegations Ghaleb Nassar Al Bihani Nationality: Born in Saudi Arabia, citizen of Yemem Circumstances of Capture: Surrendered to the Northern Alliance near the Pakistan-Afghanistan border in or after late November 2001; transferred to US custody in June 2002. Summary of Allegations: The government alleged that sometime after May 2001 Al Bihani received military training at an al-Qaeda camp in Afghanistan and joined a Taliban military unit that fought against the Northern Alliance, retreating with that unit in late November 2001, after the U.S. and allies began bombing. Status: Judge denied release January 2009. Al Bihani is appealing the decision and remains at Guantanamo. Reason for Court’s Decision: The judge said proof that Al Bihani had served as a cook for the Taliban by itself justified his imprisonment. He said that “faithfully serving in an al-Qaeda affiliated fighting unit that is directly supporting the Taliban by helping to prepare the meals of its entire fighting force is more than sufficient ’support’” to qualify for indefinite detention. Court Documents: Trial Court Decision Government Allegations Musa’ab al-Madhwani Nationality: Yemeni Summary of Allegations: The government alleged that al-Madhwani went to Pakistan to join al-Qaeda and trained and traveled with al-Qaeda members. It also claims he was involved in a firefight with Pakistani authorities. Status: Judge denied release Dec. 14, 2009. Al-Madhwani remains at Guantanamo. Reason for Court’s Decision: The judge said there was no evidence that al-Madhwani’s testimony was tainted by abusive interrogation techniques, and that the government sufficiently proved its allegations. Fawzi Al-Odah Nationality: Kuwaiti Circumstances of Capture: Captured by Pakistani border guards in November 2001. Summary of Allegations: The government alleged that Odah admitted firing an AK-47 at a training camp in Afghanistan and carrying an AK-47 through the Tora Bora mountains for ten to 11 days during the U.S. air campaign there. Status: Judge denied release Aug. 24, 2009. Reason for Court’s Decision: The judge found that Odah had attended a Taliban training camp, and that “more likely than not,” he “became a part of the forces of the Taliban and Al Qaeda.” Court Documents: Trial Court Decision Adham Mohammed Ali Awad Nationality: Yemeni Circumstances of Capture: Captured in Afghanistan in November 2001. Summary of Allegations: The government alleged that Awad was identified by a senior al-Qaeda leader as having participated in fighting against the U.S. Status: Judge denied release Aug. 12, 2009. Reason for Court’s Decision: Although the judge found the case against Awad “gossamer thin,” he ruled it was “more likely than not” that Awad was, “for some period of time, ‘part of’ Al Qaida.” Court Documents: Trial Court Decision Government Allegations Sufyian Barhoumi Nationality: Algerian Circumstances of Capture: Captured in Pakistan in March 2002. Summary of Allegations: The government alleged that Barhoumi traveled to Afghanistan in 1999 to attend weapons training in several camps, then trained others, and engaged in hostilities against the U.S. Status: Judge denied release Sept. 3 2009. Reason for Court’s Decision: The judge’s opinion has not yet been declassified. Court Documents: Trial Court Decision Government Allegations Belkacem Bensayah Nationality: Algerian Circumstances of Capture: Arrested by Bosnian authorities in October 2001 on suspicion of plotting to bomb the U.S. embassy in Sarajevo. Cleared for release January 2002, but transported to Guantanamo at request of U.S. military. Summary of Allegations: Government alleged that Bensayah planned to travel to Afghanistan in late 2001 and to fight U.S. and allied forces, and that he was al-Qaeda’s primary facilitator and financier in Bosnia and Herzegovina. Status: Judge denied release Nov. 20, 2008. Bensayah has asked the court to reopen the case, alleging there is government evidence of his innocence that the judge didn’t see. Government has opposed his request. Bensayah remains at Guantanamo. Reason for Court’s Decision: Although Bensayah’s five countrymen were found to be unlawfully detained, the judge said the government had produced “additional evidence that sufficiently corroborates its allegations from [an] unnamed source that Bensayah is an al-Qaida [sic] facilitator. Court Documents: Trial Court Decision Government Allegations Detainee response Hedi Hammamy Nationality: Tunisian Circumstances of Capture: Arrested in April 2002 in Pakistan by Pakistani authorities and transferred to U.S. custody. Summary of Allegations: The government alleged that Hammamy fought with the Taliban or al-Qaeda against the U.S., belonged to an Italian terrorist cell supporting Islamic terrorist groups, attended a terrorist training camp in Afghanistan, and belonged to a Pakistan-based organization too secret for the government to describe. Status: Judge denied release April 4, 2009. Hammamy is appealing the decision and remains at Guantanamo. Reason for Court’s Decision: The judge said that evidence that Hammamy had fought the U.S. and belonged to the Italian terrorist cell justified his detention. The judge didn’t address the other allegations. Hisham Sliti Nationality: Tunisian Circumstances of Capture: Captured in Pakistan in December 2001. Summary of Allegations: The government alleged that in 2000 Sliti traveled from London to Afghanistan on a false passport as a Qaeda recruit, stayed at a Qaeda-affiliated guesthouse and mosque, received military training at a Qaeda camp, and helped start a terrorist organization with ties to al-Qaeda. Status: Judge denied release Dec. 30, 2008. Sliti is appealing the decision and remains at Guantanamo. Reason for Court’s Decision: The judge found that, other than for the allegation that Sliti had helped found a terrorist organization, the government had produced evidence sufficient to justify Sliti’s indefinite detention. Court Documents: Trial Court Decision Government Allegations Court transcript Read more from the original source: Gitmo Habeas Scoreboard — Government Wins
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Gitmo Habeas Scoreboard — Government Wins
Gitmo Habeas Scoreboard — Detainee Wins
Detainees U.S. Government 32 9 Below is a list of the Guantanamo habeas corpus cases in which the detainee won. Information compiled by Pro Publica and David Remes, legal director of Appeal for Justice. Click here to see the 21 detainees who have been released. Click here to see the 11 detainees who are still in custody. Released Abdul Ghappar Abdul Rahman Nationality: Chinese (Uighur) Circumstances of Capture: Captured in December 2001 by Pakistani civilians, handed over to Pakistani authorities, transferred to US military for $5,000. Summary of Allegations: The government alleged that he was affiliated with a Uighur (Chinese ethnic minority) independence group know as the East Turkistan Islamic Movement, from which he received weapons training. ETIM was alleged to be associated with al-Qaeda and the Taliban and engaged in hostilities against the U.S. and allies. Status: Determined by government to be eligible for release August 2003. Federal trial judge ordered Rahman released Oct. 8, 2008. The government appealed, and judge’s release order was blocked by D.C. federal appeals court. He was transferred to Palau on Oct. 31, 2009. In October, the Supreme Court agreed to hear the Uighurs’ appeal of their case. Reason for Court’s Decision: The D.C. federal appeals court decided on June 20, 2008, that the government had failed to present enough reliable evidence to prove key allegations — that ETIM was linked to al-Qaeda and the Taliban, and that ETIM was hostile to the U.S.” Court Documents: Trial Court Decision Status Report Court Transcript Dawut Abdurehim Nationality: Chinese (Uighur) Circumstances of Capture: Captured December 2001 in Pakistan by Pakistani civilians, handed over to Pakistani authorities, then transferred to U.S. military for$5,000. Summary of Allegations: The government alleged that he was affiliated with a Uighur (Chinese ethnic minority) independence group know as the East Turkistan Islamic Movement, from which he received weapons training. ETIM was alleged to be associated with al-Qaeda and the Taliban and engaged in hostilities against the U.S. and allies. Status: Determined by government to be eligible for release August 2003. Federal trial judge ordered Abdurehim released Oct. 8, 2008, but the government appealed, and the release order was blocked by the D.C. federal appeals court. He was transferred to Palau on Oct. 31, 2009. In October, the Supreme Court agreed to hear the Uighurs’ appeal of their case. Reason for Court’s Decision: The D.C. federal appeals court decided on June 20, 2008, that the government had failed to present enough reliable evidence to prove key allegations — that ETIM was linked to al-Qaeda and the Taliban, and that ETIM was hostile to the U.S.” Court Documents: Trial Court Decision Government Allegations Status Report Court Transcript Abdulrahim Abdul Razak Al Janko Nationality: Syrian Circumstances of Capture: Captured by U.S. forces in January 2002 in Kandahar, Afghanistan. Summary of Allegations: The government alleged that, in early 2000, Janko spent five days at a Taliban guesthouse and trained for 18 days at a Qaeda military camp. Status: Judge found Janko eligible for release June 22, 2009. He has since been transferred to a foreign nation, but the government will not specify which nation or reveal the date of transfer. Reason for Court’s Decision: Judge found Janko eligible for release June 22, 2009, but the government continues to hold him at Guantanamo. Janko was eligible for release, the judge said, because by the time of his arrest in 2002 he should not have been considered to be part of the Taliban or al-Qaeda. The evidence showed that he’d been tortured by al-Qaeda and imprisoned for 18 months by the Taliban in an infamously “horrific” prison. Court Documents: Trial Court Decision Government allegations Khalid Abdullah Mishal Al Mutairi Nationality: Kuwaiti Circumstances of Capture: Captured near Pakistan-Afghanistan border in November 2001 Summary of Allegations: The government alleged that Al Mutairi was a part of al-Qaeda or of a force associated with al-Qaeda, because, among other claims, he’d attended a training camp believed to be affiliated with al-Qaeda. Status: On July 29, 2009, judge ordered the government to “take all necessary and appropriate steps to facilitate Al Mutairi’s release forthwith.” He was transferred to Kuwait on Oct. 13, 2009. Reason for Court’s Decision: The judge concluded that “there is nothing in the record beyond speculation” to prove the government’s allegations. Intelligence reports were too impreciseand needed corroborating proof, she said. For instance, “one reference, in a portion of one sentence, in one interrogation report,” was not enough to prove Al Mutairi had attended a terrorist training camp, because the report didn’t clearly identify him. She rejected one self-incriminating statement from an interrogation of Al Mutairi because “he appears to have been goaded into making these statements.” Court Documents: Trial Court Decision Government Allegations Alla Bin Ali Ahmed Nationality: Yemeni Circumstances of Capture: Captured March 2002 at a guesthouse for Yemenis in Faisalabad, Pakistan. Summary of Allegations: The government alleged that Ali Ahmed had traveled and stayed with al-Qaeda and/or Taliban members in Afghanistan, and that he’d fought and trained in Afghanistan. Status: Judge found Ali Ahmed eligible for release May 11, 2009. He was transferred to Yemen on September 26, 2009. Reason for Court’s Decision: Judge concluded that the government had failed to present reliable evidence proving its allegations, and that certain alleged conduct — such as traveling in the company of terrorists and staying at a suspect guesthouse — wouldn’t be enough to detain Ali Ahmed even if proved. Court Documents: Trial Court Decision Court Transcript Fouad Mahmoud Al Rabiah Nationality: Kuwaiti Circumstances of Capture: Captured near the Afghanistan/Pakistan border in Dec. 2001. Summary of Allegations: The government alleged that Rabiah “provided material support to the Taliban and al Qaida,” meeting with bin Laden four times in July 2001 and delivering money to him. Status: Judge ordered release Sept. 17, 2009. Rabiah was transferred to Kuwait on Dec. 9, 2009. Reason for Court’s Decision: Judge ordered release Sept. 17, 2009. The judge found that the evidence against Rabiah consisted “almost exclusively on Rabiah’s ‘confessions,’” which even Rabiah’s interrogators concluded were “not believable.” Court Documents: Trial Court Decision Government allegationst Hadj Boudella Nationality: Algerian Circumstances of Capture: Arrested by Bosnian authorities in October 2001 on suspicion of plotting to bomb the U.S. embassy in Sarajevo. Cleared for release January 2002, but transported to Guantanamo at request of U.S. military. Summary of Allegations: The government mainly alleged that he’d planned to travel to Afghanistan in late 2001 to fight the U.S. and allied forces.Also that he associated with al-Qaeda and other suspected terrorists and that he’d worked for a Qaeda-affiliated organization that provided material support to terrorists. Status: Judge ordered release Nov. 20, 2008. Boudella was transferred to Bosnia and Herzegovina Dec. 16, 2008. Reason for Court’s Decision: Judge decided the government failed to prove its allegations by a preponderance (majority) of the evidence. “[T]he Government relies exclusively on the information contained in a classified document from an unnamed source,” wrote the judge. This single piece of evidence “is not sufficient” to prove the legality of detention, he said. Court Documents: Trial Court Decision Government allegations Detainee response Lakhdar Boumediene Nationality: Algerian Circumstances of Capture: Arrested by Bosnian authorities in October 2001 on suspicion of plotting to bomb the U.S. embassy in Sarajevo. Cleared for release January 2002, but transported to Guantanamo at request of US military. Summary of Allegations: The government mainly alleged that he’d planned to travel to Afghanistan in late 2001 to fight the U.S. and allied forces.Also that he associated with al-Qaeda and other suspected terrorists and that he’d worked for a Qaeda-affiliated organization that provided material support to terrorists. Status: Judge ordered release Nov. 20, 2008. Boumediene was transferred to France May 15, 2009. Reason for Court’s Decision: Judge decided the government failed to prove its allegations by a preponderance (majority) of the evidence. “[T]he Government relies exclusively on the information contained in a classified document from an unnamed source,” wrote the judge. This single piece of evidence “is not sufficient” to prove the legality of detention, he said. Court Documents: Trial Court Decision Government allegations Detainee response Mohammed El Gharani Nationality: Born in Saudi Arabia, citizen of Chad Circumstances of Capture: Arrested by Pakistani authorities and turned over to the United States in early 2002. Summary of Allegations: The government alleged that he’d stayed at a Qaeda-affiliated guesthouse in Afghanistan, received military training at a Qaeda camp, served as a courier for al-Qaeda members, fought the U.S. and allies at the battle of Tora Bora, and belonged to a Qaeda cell based in London. Status: Judge found El Gharani eligible for release Jan. 13, 2009. He was transferred to Chad on June 11, 2009. Reason for Court’s Decision: The government’s evidence was unreliable, the judge said, because it consisted chiefly of statements by two other detainees — sometimes contradicting each other — whose believability was questioned by the government itself. Court Documents: Trial Court Decision Government allegations Anwar Hassan Nationality: Chinese (Uighur) Circumstances of Capture: Captured December 2001 in Pakistan by Pakistani civilians, handed over to Pakistani authorities, then transferred to U.S. military for $5,000. Summary of Allegations: The government alleged that he was affiliated with a Uighur (Chinese ethnic minority) independence group know as the East Turkistan Islamic Movement, from which he received weapons training. ETIM was alleged to be associated with al-Qaeda and the Taliban and engaged in hostilities against the U.S. and allies. Status: Determined by government to be eligible for release June 2003. Federal trial judge ordered Hassan released Oct. 8, 2008, but the government appealed, and the release order was blocked by the D.C. federal appeals court. He was transferred to Palau on Oct. 31, 2009. In October, the Supreme Court agreed to hear the Uighurs’ appeal of their case. Reason for Court’s Decision: The D.C. federal appeals court decided on June 20, 2008, that the government had failed to present enough reliable evidence to prove key allegations — that ETIM was linked to al-Qaeda and the Taliban, and that ETIM was hostile to the U.S.” Court Documents: Trial Court Decision Status Report Government allegations Court Transcript Mustafa Ait Idir Nationality: Algerian Circumstances of Capture: Arrested by Bosnian authorities in October 2001 on suspicion of plotting to bomb the U.S. embassy in Sarajevo. Cleared for release January 2002, but transported to Guantanamo at request of US military. Summary of Allegations: The government mainly alleged that he’d planned to travel to Afghanistan in late 2001 to fight the U.S. and allied forces.Also that he associated with al-Qaeda and other suspected terrorists and that he’d worked for a Qaeda-affiliated organization that provided material support to terrorists. Status: Judge ordered release Nov. 20, 2008. Ait Idir was transferred to Bosnia and Herzegovina Dec. 16, 2008. Reason for Court’s Decision: Judge decided the government failed to prove its allegations by a preponderance (majority) of the evidence. “[T]he Government relies exclusively on the information contained in a classified document from an unnamed source,” wrote the judge. This single piece of evidence “is not sufficient” to prove the legality of detention, he said. Court Documents: Trial Court Decision Government allegations Jalal Jalaldin (aka Abdullah Abdulqadir) Nationality: Chinese (Uighur) Circumstances of Capture: Captured December 2001 in Pakistan by Pakistani civilians, handed over to Pakistani authorities, then transferred to U.S. military for $5,000. Summary of Allegations: The government alleged that he was affiliated with a Uighur (Chinese ethnic minority) independence group know as the East Turkistan Islamic Movement, from which he received weapons training. ETIM was alleged to be associated with al-Qaeda and the Taliban and engaged in hostilities against the U.S. and allies. Status: Determined by government to be eligible for release August 2003. Federal trial judge ordered Parhat released Oct. 8, 2008. The government appealed, and judge’s release order was blocked by the D.C. federal appeals court. Jalaldin nevertheless was transferred to Bermuda, June 11, 2009. In October, the Supreme Court agreed to hear the Uighurs’ appeal of their case. Reason for Court’s Decision: The D.C. federal appeals court decided on June 20, 2008, that the government had failed to present enough reliable evidence to prove key allegations — that ETIM was linked to al-Qaeda and the Taliban, and that ETIM was hostile to the U.S.” Court Documents: Trial Court Decision Government Allegations Mohammed Jawad Nationality: Afghan Circumstances of Capture: Arrested by local officials in Afghanistan in December 2002. Summary of Allegations: The government alleged that on Dec. 17, 2002, Jawad tossed a grenade in Afghanistan that seriously injured two U.S. soldiers and their local interpreter. Status: On July 30, 2009, judge ordered that “beginning on August 21″ the government “shall promptly release petitioner Jawad.” He was transferred to Afghanistan on Aug. 24, 2009. Reason for Court’s Decision: Technically the judge ordered Jawad released because the government said it would no longer detain him as a wartime enemy. But the government’s decision followed a scathing reprimand from the judge for continuing to detain Jawad and prosecute him in a military commission based mostly on a confession obtained by Afghan officials under death threats. Court Documents: Trial Court Decision Court Transcript Saber Lahmar Nationality: Algerian Circumstances of Capture: Arrested by Bosnian authorities in October 2001 on suspicion of plotting to bomb the U.S. embassy in Sarajevo. Cleared for release January 2002, but transported to Guantanamo at request of US military. Summary of Allegations: The government mainly alleged that he’d planned to travel to Afghanistan in late 2001 to fight the U.S. and allied forces.Also that he associated with al-Qaeda and other suspected terrorists and that he’d worked for a Qaeda-affiliated organization that provided material support to terrorists. Status: Judge ordered release Nov. 20, 2008. Lahmar was transferred to France on Nov. 30, 2009. Reason for Court’s Decision: Judge decided the government failed to prove its allegations by a preponderance (majority) of the evidence. “[T]he Government relies exclusively on the information contained in a classified document from an unnamed source,” wrote the judge. This single piece of evidence “is not sufficient” to prove the legality of detention, he said. Court Documents: Trial Court Decision Government Allegations Edham Mamet Nationality: Chinese (Uighur) Circumstances of Capture: Captured in Afghanistan in November 2001. Summary of Allegations: The government alleged that he was affiliated with a Uighur (Chinese ethnic minority) independence group know as the East Turkistan Islamic Movement, from which he received weapons training. ETIM was alleged to be associated with al-Qaeda and the Taliban and engaged in hostilities against the U.S. and allies. Status: Determined by government to be eligible for release August 2003. Federal trial judge ordered Mamet released Oct. 8, 2008, but the government appealed, and the release order was blocked by the D.C. federal appeals court. He was transferred to Palau on Oct. 31, 2009. In October, the Supreme Court agreed to hear the Uighurs’ appeal of their case. Reason for Court’s Decision: The D.C. federal appeals court decided on June 20, 2008, that the government had failed to present enough reliable evidence to prove key allegations — that ETIM was linked to al-Qaeda and the Taliban, and that ETIM was hostile to the U.S.” Court Documents: Trial Court Decision Government Allegations Status Report Court Transcript Abdul Nasser (aka Khaleel Mamut) Nationality: Chinese (Uighur) Circumstances of Capture: Captured December 2001 in Pakistan by Pakistani civilians, handed over to Pakistani authorities, then transferred to U.S. military for $5,000. Summary of Allegations: The government alleged that he was affiliated with a Uighur (Chinese ethnic minority) independence group know as the East Turkistan Islamic Movement, from which he received weapons training. ETIM was alleged to be associated with al-Qaeda and the Taliban and engaged in hostilities against the U.S. and allies. Status: Determined by government to be eligible for transfer November 2005. Federal trial judge ordered Nassar released Oct. 8, 2008, but the government appealed, and the release order was blocked by the D.C. federal appeals court. Nasser nevertheless was transferred to Bermuda on June 11, 2009. In October, the Supreme Court agreed to hear the Uighurs’ appeal of their case. Reason for Court’s Decision: The D.C. federal appeals court decided on June 20, 2008, that the government had failed to present enough reliable evidence to prove key allegations — that ETIM was linked to al-Qaeda and the Taliban, and that ETIM was hostile to the U.S.” Court Documents: Trial Court Decision Government Allegations Mohamed Nechla Nationality: Algerian Circumstances of Capture: Arrested by Bosnian authorities in October 2001 on suspicion of plotting to bomb the U.S. embassy in Sarajevo. Cleared for release January 2002, but transported to Guantanamo at request of US military. Summary of Allegations: The government mainly alleged that he’d planned to travel to Afghanistan in late 2001 to fight the U.S. and allied forces.Also that he associated with al-Qaeda and other suspected terrorists and that he’d worked for a Qaeda-affiliated organization that provided material support to terrorists. Status: Judge ordered release Nov. 20, 2008. Nechla was transferred to Bosnia and Herzegovina Dec. 16, 2008. Reason for Court’s Decision: Judge decided the government failed to prove its allegations by a preponderance (majority) of the evidence. “[T]he Government relies exclusively on the information contained in a classified document from an unnamed source,” wrote the judge. This single piece of evidence “is not sufficient” to prove the legality of detention, he said. Court Documents: Trial Court Decision Government Allegations Detainee Response Adel Noori Nationality: Chinese (Uighur) Circumstances of Capture: Captured December 2001 in Pakistan by Pakistani civilians, handed over to Pakistani authorities, then transferred to U.S. military for $5,000. Summary of Allegations: The government alleged that he was affiliated with a Uighur (Chinese ethnic minority) independence group know as the East Turkistan Islamic Movement, from which he received weapons training. ETIM was alleged to be associated with al-Qaeda and the Taliban and engaged in hostilities against the U.S. and allies. Status: Determined by government to be eligible for transfer October 2005. Federal trial judge ordered Noori released Oct. 8, 2008, but the government appealed, and the release order was blocked by the D.C. federal appeals court. He was transferred to Palau on Oct. 31, 2009. In October, the Supreme Court agreed to hear the Uighurs’ appeal of their case. Reason for Court’s Decision: The D.C. federal appeals court decided on June 20, 2008, that the government had failed to present enough reliable evidence to prove key allegations — that ETIM was linked to al-Qaeda and the Taliban, and that ETIM was hostile to the U.S. — and that Parhat could not be held as an enemy combatant on “bare assertions.” Court Documents: Trial Court Decision Government allegations Huzaifa Parhat Nationality: Chinese (Uighur) Circumstances of Capture: Captured December 2001 in Pakistan by Pakistani civilians, handed over to Pakistani authorities, then transferred to U.S. military for $5,000. Summary of Allegations: The government alleged that he was affiliated with a Uighur (Chinese ethnic minority) independence group know as the East Turkistan Islamic Movement, from which he received weapons training. ETIM was alleged to be associated with al-Qaeda and the Taliban and engaged in hostilities against the U.S. and allies. Status: Determined by government to be eligible for release August 2003. Federal trial judge ordered Parhat released Oct. 8, 2008. The government appealed, and judge’s release order was blocked by the D.C. federal appeals court. Parhat nevertheless was transferred to Bermuda, June 11, 2009. In October, the Supreme Court agreed to hear the Uighurs’ appeal of their case. Reason for Court’s Decision: The D.C. federal appeals court decided on June 20, 2008, that the government had failed to present enough reliable evidence to prove key allegations — that ETIM was linked to al-Qaeda and the Taliban, and that ETIM was hostile to the U.S. – and that Parhat could not be held as an enemy combatant on “bare assertions.” Court Documents: Trial Court Decision Government allegations Abdul Semet (aka Salahadin Abdulahat) Nationality: Chinese (Uighur) Circumstances of Capture: Captured in December 2001 by Pakistani civilians, handed over to Pakistani authorities, transferred to US military for $5,000. Summary of Allegations: The government alleged that he was affiliated with a Uighur (Chinese ethnic minority) independence group know as the East Turkistan Islamic Movement, from which he received weapons training. ETIM was alleged to be associated with al-Qaeda and the Taliban and engaged in hostilities against the U.S. and allies. Status: Determined by government to be eligible for release August 2003. Federal trial judge ordered Rahman released Oct. 8, 2008. The government appealed, and judge’s release order was blocked by D.C. federal appeals court. He was transferred to Palau on Oct. 31, 2009. In October, the Supreme Court agreed to hear the Uighurs’ appeal of their case. Reason for Court’s Decision: The D.C. federal appeals court decided on June 20, 2008, that the government had failed to present enough reliable evidence to prove key allegations — that ETIM was linked to al-Qaeda and the Taliban, and that ETIM was hostile to the U.S.” Court Documents: Trial Court Decision Government allegations Ahmad Tourson Nationality: Chinese (Uighur) Circumstances of Capture: Captured in Afghanistan in November 2001. Summary of Allegations: The government alleged that he was affiliated with a Uighur (Chinese ethnic minority) independence group know as the East Turkistan Islamic Movement, from which he received weapons training. ETIM was alleged to be associated with al-Qaeda and the Taliban and engaged in hostilities against the U.S. and allies. Status: Determined by government to be eligible for release December 2005. Federal trial judge ordered Tourson released Oct. 8, 2008, but the government appealed, and the release order was blocked by the D.C. federal appeals court. He was transferred to Palau on Oct. 31, 2009. In October, the Supreme Court agreed to hear the Uighurs’ appeal of their case. Reason for Court’s Decision: The D.C. federal appeals court decided on June 20, 2008, that the government had failed to present enough reliable evidence to prove key allegations — that ETIM was linked to al-Qaeda and the Taliban, and that ETIM was hostile to the U.S.” Court Documents: Trial Court Decision Government allegations Still in Custody Mohammed Al Adahi Nationality: Yemeni Circumstances of Capture: Captured by Pakistani authorities near the Afghanistan border in December 2001. Summary of Allegations: The government alleged that Adahi once helped tend to wounded Taliban soldiers during a bus trip; was present in Kabul during the U.S. air campaign there; and was in possession of the model of a watch that has been used in bombings linked to al-Qaeda. Status: Judge ordered release Aug. 17, 2009. He remains at Guantanamo. Reason for Court’s Decision: Judge ordered release Aug. 17, 2009. He remains at Guantanamo. The judge found “no reliable evidence” that Adahi supported, trained or fought for, or was a member of al-Qaeda, and that while Adahi acknowledged meeting Osama Bin Laden, that did not justify his detention. Court Documents: Trial Court Decision Government Allegations Detainee response Khalid Ali (aka Saidullah Khalik) Nationality: Chinese (Uighur) Circumstances of Capture: Captured in December 2001 by Pakistani civilians, handed over to Pakistani authorities, transferred to US military for $5,000. Summary of Allegations: The government alleged that he was affiliated with a Uighur (Chinese ethnic minority) independence group know as the East Turkistan Islamic Movement, from which he received weapons training. ETIM was alleged to be associated with al-Qaeda and the Taliban and engaged in hostilities against the U.S. and allies. Status: Determined by government to be eligible for release August 2003. Federal trial judge ordered Ali released Oct. 8, 2008, but the government appealed, and the release order was blocked by the D.C. federal appeals court. Ali has asked the U.S. Supreme Court to reverse the appeals court’s decision. He remains at Guantanamo. In October, the Supreme Court agreed to hear the Uighurs’ appeal of their case. Reason for Court’s Decision: The D.C. federal appeals court decided on June 20, 2008, that the government had failed to present enough reliable evidence to prove key allegations — that ETIM was linked to al-Qaeda and the Taliban, and that ETIM was hostile to the U.S. — and that Khalid could not be held as an enemy combatant on “bare assertions.” Court Documents: Trial Court Decision Status Report Yasin Muhammed Basardh Nationality: Yemeni Circumstances of Capture: Captured near the Afghanistan/Pakistan border in early 2002. Summary of Allegations: The government alleged that Basardh trained at a Qaeda military camp and fought for the Taliban, hiding with Osama bin Laden in the mountains of Tora Bora in late 2001. Status: Judge found Basardh eligible for release April 15, 2009. He remains at Guantanamo, while the government appeals the decision. Reason for Court’s Decision: Judge found Basardh eligible for release. However, he remains at Guantanamo, while the government appeals the decision. The judge said the admitted Taliban fighter could no longer be properly detained, because news reports showed that Basardh gave U.S. authorities information about numerous other suspected terrorists. “[A]ny ties with the enemy have been severed, and any realistic risk that he could rejoin the enemy has been foreclosed,” the judge wrote. Court Documents: Trial Court Decision Farhi Saeed bin Mohammed Nationality: Algerian Circumstances of Capture: Captured by Pakistani authorities in late 2001 while attempting to cross the border from Afghanistan to Pakistan. Summary of Allegations: The government alleged that Mohammed received weapons training in Afghanistan, and that he saw Osama bin Laden at a funeral in Kabul shortly after 9/11. Status: Judge ordered release Nov. 19, 2009. Mohammed remains at Guantanamo. Reason for Court’s Decision: The court has not yet released a declassified version of the judge’s opinion. Saeed Hatim Nationality: Yemeni Circumstances of Capture: Captured in December 2001 by Pakistani civilians, handed over to Pakistani authorities, transferred to US military for $5,000. Summary of Allegations: He went to Afghanistan in 2001 , where he attended the al-Farouq training camp and joined Arab soldiers near Kabul. Status: A judge granted his petition for a writ of habeas corpus on Dec. 16, 2009. He remains at Guantanamo. Arkin Mahmud Nationality: Chinese (Uighur) Circumstances of Capture: Captured in Afghanistan in November 2001 Summary of Allegations: The government alleged that he was affiliated with a Uighur (Chinese ethnic minority) independence group know as the East Turkistan Islamic Movement, from which he received weapons training. ETIM was alleged to be associated with al-Qaeda and the Taliban and engaged in hostilities against the U.S. and allies. Reason for Court’s Decision: Determined by government to be eligible for transfer January 2006. Federal trial judge ordered Mahmud released Oct. 8, 2008, but the government appealed, and the release order was blocked by the D.C. federal appeals court. Mahmud has asked the U.S. Supreme Court to reverse the appeals court’s decision. He remains at Guantanamo. In October, the Supreme Court agreed to hear the Uighurs? appeal of their case. Court Documents: Trial Court Decision Government allegations Status report (September 2008) Court transcript) Bahtiyar Mahnut Nationality: Chinese (Uighur) Circumstances of Capture: Captured in December 2001 by Pakistani civilians, handed over to Pakistani authorities, transferred to US military for $5,000. Summary of Allegations: The government alleged that he was affiliated with a Uighur (Chinese ethnic minority) independence group know as the East Turkistan Islamic Movement, from which he received weapons training. ETIM was alleged to be associated with al-Qaeda and the Taliban and engaged in hostilities against the U.S. and allies. Status: Determined by government to be eligible for transfer December 2005. Federal trial judge ordered Mahnut released Oct. 8, 2008, but the government appealed, and the release order was blocked by the D.C. federal appeals court. Mahnut has asked the U.S. Supreme Court to reverse the appeals court’s decision. He remains at Guantanamo. In October, the Supreme Court agreed to hear the Uighurs’ appeal of their case. Reason for Court’s Decision: The D.C. federal appeals court decided on June 20, 2008, that the government had failed to present enough reliable evidence to prove key allegations — that ETIM was linked to al-Qaeda and the Taliban, and that ETIM was hostile to the U.S.” Court Documents: Trial Court Decision Government allegations Status report (September 2008) Court transcript Hammad Memet (aka Ahmed Mohamed) Nationality: Chinese (Uighur) Circumstances of Capture: Captured in December 2001 by Pakistani civilians, handed over to Pakistani authorities, transferred to US military for $5,000. Summary of Allegations: The government alleged that he was affiliated with a Uighur (Chinese ethnic minority) independence group know as the East Turkistan Islamic Movement, from which he received weapons training. ETIM was alleged to be associated with al-Qaeda and the Taliban and engaged in hostilities against the U.S. and allies. Status: Determined by government to be eligible for transfer May 2008. Federal trial judge ordered Memet released Oct. 8, 2008, but the government appealed, and the release order was blocked by the D.C. federal appeals court. Memet has asked the U.S. Supreme Court to reverse the appeals court’s decision. He remains at Guantanamo. In October, the Supreme Court agreed to hear the Uighurs’ appeal of their case. Court Documents: Trial Court Decision Government allegations Status report (September 2008) Court transcript Sabir Osman (aka Hajiakbar Abdulghupur) Nationality: Chinese (Uighur) Circumstances of Capture: Captured in December 2001 by Pakistani civilians, handed over to Pakistani authorities, transferred to US military for $5,000. Summary of Allegations: The government alleged that he was affiliated with a Uighur (Chinese ethnic minority) independence group know as the East Turkistan Islamic Movement, from which he received weapons training. ETIM was alleged to be associated with al-Qaeda and the Taliban and engaged in hostilities against the U.S. and allies. Status: Determined by government to be eligible for release August 2003. Federal trial judge ordered Osman released Oct. 8, 2008, but the government appealed, and the release order was blocked by the D.C. federal appeals court. Osman has asked the U.S. Supreme Court to reverse the appeals court’s decision. He remains at Guantanamo. In October, the Supreme Court agreed to hear the Uighurs’ appeal of their case. Reason for Court’s Decision: The D.C. federal appeals court decided on June 20, 2008, that the government had failed to present enough reliable evidence to prove key allegations — that ETIM was linked to al-Qaeda and the Taliban, and that ETIM was hostile to the U.S.” Court Documents: Trial Court Decision Government allegations Status report (September 2008) Court transcript) Abdul Razakah Nationality: Chinese (Uighur) Circumstances of Capture: Captured in December 2001 by Pakistani civilians, handed over to Pakistani authorities, transferred to US military for $5,000. Summary of Allegations: The government alleged that he was affiliated with a Uighur (Chinese ethnic minority) independence group know as the East Turkistan Islamic Movement, from which he received weapons training. ETIM was alleged to be associated with al-Qaeda and the Taliban and engaged in hostilities against the U.S. and allies. Status: Determined by government to be eligible for transfer December 2005. Federal trial judge ordered Razakah released Oct. 8, 2008, but the government appealed, and the release order was blocked by the D.C. federal appeals court. Razakah has asked the U.S. Supreme Court to reverse the appeals court’s decision. He remains at Guantanamo. In October, the Supreme Court agreed to hear the Uighurs’ appeal of their case. Reason for Court’s Decision: The D.C. federal appeals court decided on June 20, 2008, that the government had failed to present enough reliable evidence to prove key allegations — that ETIM was linked to al-Qaeda and the Taliban, and that ETIM was hostile to the U.S.” Court Documents: Trial Court Decision Government allegations Status Report Court Transcript Abdul Sabour (aka Yusef Abbas) Nationality: Chinese (Uighur) Circumstances of Capture: Captured in December 2001 by Pakistani civilians, handed over to Pakistani authorities, transferred to US military for $5,000. Summary of Allegations: The government alleged that he was affiliated with a Uighur (Chinese ethnic minority) independence group know as the East Turkistan Islamic Movement, from which he received weapons training. ETIM was alleged to be associated with al-Qaeda and the Taliban and engaged in hostilities against the U.S. and allies. Status: Ordered released, remains at Gitmo. Reason for Court’s Decision: Determined by government to be eligible for transfer November 2003. Federal trial judge ordered Sabour released Oct. 8, 2008, but the government appealed, and the release order was blocked by the D.C. federal appeals court. Sabour has asked the U.S. Supreme Court to reverse the appeals court’s decision. He remains at Guantanamo. In October, the Supreme Court agreed to hear the Uighurs? appeal of their case. Court Documents: Trial Court Decision Government allegations Status Report Court Transcript View original post here: Gitmo Habeas Scoreboard — Detainee Wins
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Gitmo Habeas Scoreboard — Detainee Wins
Gitmo Habeas Scoreboard
Detainees U.S. Government 32 9 Click on the numbers in the scoreboard above for a detailed breakdown of the cases. Since the Supreme Court ruled last year that detainees at the U.S. prison camp at Guantanamo have the right to habeas corpus — that is, the right to challenge their detention in court — hundreds of detainees have taken advantage, filing petitions in the U.S. District Court in Washington, D.C. The Gitmo Habeas Scoreboard is broken up into two sections: cases won by detainees — further divided between detainees who have been released and those still in custody — and cases won by the U.S. government. Using information compiled by Pro Publica and David Remes, legal director of Appeal for Justice, the accompanying charts feature background information on all 41 detainees whose cases have been decided to date, including the allegations against each detainee, the court’s reasoning in each decision, and the status of any appeals. As more cases are resolved, we’ll keep updating the chart. Of the 41 cases heard so far, detainees have won 32 of them. That means that in 32 out of 41 cases, the government was unable to present enough evidence, including classified evidence, to convince a federal court judge that it’s more likely than not that the detainee was a member or substantial supporter of al-Qaeda or the Taliban. ( Habeas cases are civil proceedings, where there is no need to establish guilt “beyond a reasonable doubt,” as in criminal trials.) Of the 32 cases the government has lost, it has appealed only two. Eight detainees who have lost their cases have appealed so far. Meanwhile, many of the prisoners who have won their petitions for habeas corpus are still imprisoned at Gitmo. Although the court in each case ordered the government to arrange for the detainee’s expeditious release, in some cases the government can’t or won’t send the prisoner back to where he came from. In some cases, that’s either because the detainee legitimately fears persecution at home, as in the case of the Uighurs. In others, it’s because, as with the prisoners from Yemen, the U.S. government doesn’t trust the detainee’s home government to keep him from joining up with local terror groups upon his return. As a result, of the 32 detainees who have won an order of release in a U.S. federal court, 11 remain in prison. Thanks to Hannah Dreier and Lazar Backovic for their work in compiling this scoreboard. See the original post here: Gitmo Habeas Scoreboard
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Gitmo Habeas Scoreboard