Detention & Guantanamo

Latif Cert Petition Filed

By Benjamin Wittes
Friday, January 13, 2012, 10:26 PM

The cert petition in Latif has been filed. So far, only the questions presented have been released publicly. They are as follows:

1. Whether requiring the district court to presume the accuracy of intelligence reports denies Guantanamo habeas petitioners the "meaningful opportunity" to contest the lawfulness of their detention guaranteed by Boumediene v. Bush, 553 U.S. 723 (2008). 2. Whether a court of appeals' substitution of its own analysis of the record evidence for that of a district court in a habeas case, where there is no finding that the district court committed clear error, improperly intrudes upon the fact-finding function of the district court and exceeds the appellate function of the court of appeals. 3. Whether the court of appeals' manifest unwillingness to allow Guantanamo detainees to prevail in their habeas corpus cases calls for the exercise of this Court's supervisory power.