At a Glance
The appeal is currently pending, and oral argument before the Court of Appeals for the D.C. Circuit is scheduled for December 11.
H. Candace Gorman, Law Office of H. Candace Gorman
Ali v. Trump is a federal habeas corpus petition brought on behalf of Abdul Razak Ali (also known as Saeed Bakhouch), an Algerian citizen detained without charge at Guantánamo Bay since 2002. One of the main government justifications for his continued detention is the contested allegation that he was staying in the same guest house in Pakistan as Abu Zubaydah—a man who was mistakenly regarded by the Bush administration as a senior figure in al-Qaeda, and who is also currently detained without charge at Guantanamo. Abu Zubyadah arrived a few days before the house was raided in March 2002. Ali maintains that he did not know anyone else staying at the house he was captured in, that during his time there he never saw anything illegal take place, and that he never had military training.
Ali is one of 11 petitioners who collectively filed the first major challenge to the Trump's administration's Guantánamo policies in January 2018 in federal court in Washington, D.C. This filing argued that the petitioners' perpetual detentions violate the Constitution and the Authorization for Use of Military Force (AUMF) and are undergirded by the Trump's executive hubris and anti-Muslim animus. The Center for Constitutional Rights joined co-counsel to represent Ali in 2018, and argued his motion in March 2018.
Ali v. Trump raises the fundamental question as to whether the Due Process Clause of the Constitution applies at Guantánamo. The clause mandates that the government must use fair procedures—"due process"—if it deprives a person of life, liberty, or property. If it applies at Guantánamo, many of the legal rules currently governing how the individual cases are decided (permitting, for example, indefinite detention based on an anonymous source's claim the detainee was seen in a house with suspect individuals) would be overturned. Applying the Due Process Clause would not only prohibit detaining men based on weak, untestable evidence, but also should set an upper time limit on detention, such as this, without criminal charge.
In August 2018, the district court judge denied Ali's motion for relief, stating that he felt constrained by Court of Appeals decisions implying that the Due Process Clause did not apply at Guantánamo. We filed our opening merits brief with the Court of Appeals in May 2019, and the appeal is pending.