Al Adahi Cert Petition

Benjamin Wittes
Thursday, October 14, 2010, 1:47 PM

Lawyers for Guantanamo detainee Mohammed Al Adahi have filed a cert petition, which raises the following question:

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Lawyers for Guantanamo detainee Mohammed Al Adahi have filed a cert petition, which raises the following question:

´╗┐Question Presented In a civil case in which different inferences can be drawn from a trial record containing live testimony, whether the Court of Appeals improperly revised the "clearly erroneous" standard of review articulated in Anderson v. City of Bessemer, 470 U.S. 564 (1985), by imposing "conditional probability," as an amorphous legal standard.

The D.C. Circuit opinion in question is available here. The district court opinion is available here.


Benjamin Wittes is editor in chief of Lawfare and a Senior Fellow in Governance Studies at the Brookings Institution. He is the author of several books.

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