Advancing a Free Society

Two Thoughts on Judge Walton’s Al-Bihani Decision

Friday, October 8, 2010

I have now read Judge Reggie Walton’s opinion affirming the detention of Guantanamo detainee Toffiq Nasser Awad Al-Bihani. In keeping with my usual practice, I will leave it to others to discuss the case’s effect on the “scorecard.” The case, like the one I wrote about the other day that Judge John Bates decided, is not an especially tough one on the merits. The detainee concedes so much that one would have to be extremely credulous of explanations for which he offers no evidence to hold that his detention is unlawful. That said, two aspects of the opinion are worth noting.

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