...Under the current habeas process, the government can withhold certain classified evidence from a detainee and his lawyers, including information obtained in counterterrorism raids. If the Constitution’s due process clause applies, detainees like Hela will have greater access to the evidence against them and the government will face a higher bar for proving its case in court.
The Biden administration is “fighting in court to continue to hold somebody that it has decided it doesn’t want to continue to hold in a prison the president has said he wants to close,” said Wells Dixon of the Center for Constitutional Rights, which filed a brief on behalf of Hela and represents other detainees. “It makes no sense except to illustrate a failure of policy on the part of the Biden administration.” ...
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