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Keywords

appealleasedirect evidence
appealleasedirect evidence

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Bensayah v. Obama

Facts

The detainee, an Algerian citizen, was arrested by Bosnian police and was told that he was suspected of plotting to attack the United States Embassy. He was subsequently released, turned over to the U.S. government, and transported to Guantanamo Bay. The district court found that the government proved by a preponderance of the evidence that the detainee was lawfully held under the AUMF because he had provided support to al Qaeda. However, the government later abandoned this argument and contended that the detainee was 'part of' al Qaeda.

The detainee, an Algerian citizen, was arrested by Bosnian police and was told that he was suspected of plotting to attack the United States Embassy. He was subsequently released, turned over to the U.S. government, and transported to Guantanamo Bay. The district court found that the government proved by a preponderance of the evidence that the detainee was lawfully held under the AUMF because he had provided support to al Qaeda. However, the government later abandoned this argument and contended that the detainee was 'part of' al Qaeda.

Issue

Whether the government had sufficient evidence to justify the detainee's continued detention under the AUMF.

Whether the government had sufficient evidence to justify the detainee's continued detention under the AUMF.

Rule

The court held that the government must establish the lawfulness of a detainee's detention by a preponderance of the evidence.

The court held that the government must establish the lawfulness of a detainee's detention by a preponderance of the evidence.

Analysis

The court applied the preponderance of the evidence standard to the facts of the case, determining that while the government had initially shown that the detainee provided support to al Qaeda, it later abandoned this argument. The court found that the evidence presented was insufficient to establish that the detainee was functionally part of al Qaeda, as there was no direct evidence of communication between the detainee and any al Qaeda member.

The court applied the preponderance of the evidence standard to the facts of the case, determining that while the government had initially shown that the detainee provided support to al Qaeda, it later abandoned this argument. The court found that the evidence presented was insufficient to establish that the detainee was functionally part of al Qaeda, as there was no direct evidence of communication between the detainee and any al Qaeda member.

Conclusion

The district court's judgment was reversed, and the case was remanded for the district court to decide whether the detainee was functionally part of al Qaeda.

The district court's judgment was reversed, and the case was remanded for the district court to decide whether the detainee was functionally part of al Qaeda.

Who won?

The detainee prevailed in the appeal because the court found that the evidence was insufficient to justify his detention under the AUMF.

The detainee prevailed in the appeal because the court found that the evidence was insufficient to justify his detention under the AUMF.

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