Terrorism

'Enemy Combatant' Opinion Released: Verifiable, Reliable Evidence Required

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Updated: In a 39-page opinion that cites the author of Alice in Wonderland, the U.S. Court of Appeals for the D.C. Circuit says that verifiable and reliable evidence is required to hold a suspect without trial as an “enemy combatant.”

The opinion in the case of Huzaifa Parhat was decided June 20, but was not declassified and made public, in a redacted version, until today. It cites a poem by Lewis Carroll, author of the classic book, when pointing out that, “Lewis Carroll notwithstanding, the fact the government has ‘said it thrice’ does not make an allegation true,” reports the Washington Post.

The government had argued that because information appeared multiple times in classified documents, it should be accepted as true.

A link to the unanimous opinion can be found at Wall Street Journal Law Blog.

It was written by Judge Merrick Garland. Chief Judge David Sentelle and Judge Thomas Griffith were the other members of the panel.

Additional coverage:

Associated Press: “Judges cite nonsense poem in Guantanamo case”

Updated at 7:22 p.m., central time, to include link to AP story.

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