Today, the D.C. Circuit released the public version of the appellant's brief in Al Madhwani v. Obama. In this case, Musa'ab Omar Al-Madhwani appeals Judge Thomas Hogan's December 2009 bench ruling and January 2010 opinion affirming his detention, as well as an order denying certain discovery requests and an order denying his motion for reconsideration. His lawyers present the following seven issues:
- Whether the district court erred in concluding that Al-Madhwani voluntarily attended a training camp and traveled and "crossed paths" with alleged al-Qaida members and therefore was "part of" al-Qaida.
- Whether the district court erred by relying on evidence outside the record.
- Whether the district court improperly shifted the burden of proof by requiring Al-Madhwani to prove the taint of torture had not been removed when he gave statements to the CSRT and ARB.
- Whether the district court deprived Al-Madhwani of a fair trial by denying him discovery of necessary rebuttal evidence.
- Whether the district court applied an erroneous standard for detention under the AUMF.
- Whether the district court erred by ignoring the Federal Rules of Evidence in considering unreliable hearsay evidence.
- Whether the district court erred in upholding indefinite military detention based on a mere preponderance of the evidence.