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USDCMD ECF 40-1 - Taitz v Colvin - Exhibit 1-1-13-Cv-01878_40_1

USDCMD ECF 40-1 - Taitz v Colvin - Exhibit 1-1-13-Cv-01878_40_1

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Published by Jack Ryan
]06/13/2014 40, MOTION to Expedite Motion for Reconsideration, MOTION to Forward to the Federal Grand Jury, Notice of Treason by Orly Taitz Responses due by 6/30/2014 (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(bas, Deputy Clerk) (Entered: 06/13/2014
]06/13/2014 40, MOTION to Expedite Motion for Reconsideration, MOTION to Forward to the Federal Grand Jury, Notice of Treason by Orly Taitz Responses due by 6/30/2014 (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(bas, Deputy Clerk) (Entered: 06/13/2014

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Published by: Jack Ryan on Jun 16, 2014
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08/01/2014

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EXHIBIT 1
 
Case 1:13-cv-01878-ELH Document 40-1 Filed 06/13/14 Page 1 of 8
 
U~CA Ca:,e 11.5HlO
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FOR TilE DISTRICT OF COLUMBIA CIRCUITArgued October 5, 2012 Decided Dcccmbcr 14, 2012
 No. 11-5180
KIIAIRULLAKHAIRKIIWA,DETAINEE,GUANTANAMOBAY NAVAL STATION,AND SAMI AI. HAJJ, As NEXT FRIEND OFKIIAIRULLAKIlAIRKIIWA,ApPELLANTS
v .
BARACKOIJAMA, PRESIDENTOF TIlE UNITED STATES,ET AL.,ApPELLEESAppeal from the United States District Courtfor the District of Columbia
(No. I:08-cv-0 1805)
J.
 Griffin Morgan
 argued the cause for appellanL With himon the briefs were
 Robert M. Elliot 
 and C.
 Frank Goltlnnith, Jr. Dana Kaersvang,
 Attorney, U.S. Department of Justice,argued the cause for appellees. With her on the brief were
 TonyWest,
 Assistant Attorney General,
 fan Heath Gershengonl,
Deputy Assistant Attorney General, and
 Robert M. Loeb,
Attorney.
 Lowell V. Sturgill Jr.,
 Attorney, entered anappearance.Before: ROGERS and GARLAND,
 Circuit Judges,
 andRANDOLPH,
Senior Circuit Judge.
 
Case 1:13-cv-01878-ELH Document 40-1 Filed 06/13/14 Page 2 of 8
 
USC.A Case 11-5lHU
 DOClIllICllt
 J410089
2HlpeJ J2 J4/2U 12
 Paqe ') of 7
Opinion for the Court filed by
 Senior Circuit Judge
RANDOLPH.RANDOLI'll,
Senior Circuit Judge:
 This is an appeal fromthe judgment ofthe district court, Urbina,
 J.,
 denying KhairullaKhairkhwa's petition for a writ of habeas corpus.Khairkhwa is a detainee at Guantanamo Bay Naval Base.
Khairkhwll
 v.
 Oblll/111,
793 F. Supp. 2d 
 I
(D.D.C. 2011). TheAuthorization for Use of Military Force (AUMF), Pub.
 L.
 No.107-40, 115 Stat. 224 (200
 I),
authorized the President to detainindividuals who were "part of' al-Qaeda, the Taliban, or associated forces engaged inhostilities against the United Statesor its allies.
 See, e.g., A/-Bihani
 v.
 Oblll/1a,
 590 FJd 866, 872(D.C. Cir.
 2010);Awadv. Oblll/1a,
 608 FJd 
 I,
11-12 (D.C. Cir.2010). The National Defense Authorization Act for Fiscal Year 2012 affirmed the President's authority to detain any "personwho was a part of or substantially supported al-Qaeda, theTaliban, or associated forces that are engaged in hostilitiesagainst the United States or its coalition partners, including any person who has committed a belligerent act or has directlysupported such hostilities in aid of such enemy forces." Pub. L. No. 112-81, ~ 1021, 125 Stat. 1298, 1562 (2011).Khairkhwa, an Afghan national, became a senior Talibanotlicial in 1994, several years after Soviet troops withdrew fromAfghanistan. He admits as much but asserts that he was not a part of the Taliban forces.
 I
 The evidence presented at a four-dayhearing before the district court showed otherwise.
1
 Although thedistrict court discussed classified evidence, theunclassified evidence set forth in this opinion is alone sufficient tosustain the court's denial of Khairkhwa's petition.
 
Case 1:13-cv-01878-ELH Document 40-1 Filed 06/13/14 Page 3 of 8

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