Summary

Huzaifa Parhat v. Robert M. Gates… (2008)

In this opinion, we neither prescribe nor proscribe possible ways in which the government may demonstrate the reliability of its evidence. We merely reject the government’s contention that it can prevail by submitting documents that read as if they were indictments or civil complaints, and that simply assert as facts the elements required to prove that a detainee falls within the definition of enemy combatant.
Source: Wikisource

Huzaifa Parhat v. Robert M. Gates… (2008)

And while the DTA does not expressly grant the court release authority, there is a strong argument (which the Supreme Court left unresolved in Boumediene, see slip op. at 59, 63, and which we need not resolve today) that it is implicit in our authority to determine whether the government has sustained its burden of proving that a detainee is an enemy combatant. Were that not the case, the DTA would consign the court to issuing an endless series of effectively advisory opinions on the quality of the government’s evidence, a task we doubt Congress had in mind for the Judicial Branch.
Source: Wikisource

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