* Abdah v. Obama (D.D.C. July 21, 2010) (granting habeas relief to GTMO detainee Adnan Farhan Abd al Latif)
In a 28-page opinion posted here, Judge Kennedy has granted the habeas petition of a Yemeni detainee named Adnan Farhan Abd al Latif (ISN 156). Unfortunately, this one is very heavily redacted, to the point where it is hard to assess.The long and short of it appears to be that Judge Kennedy did not find reliable some particular item or items of evidence upon which the government sought to rely, and as a result he concluded that the government failed to prove by a preponderance of the evidence that Latif had been part of al Qaeda or the Taliban.
One interesting aspect also worth mention: Judge Kennedy notes that the DC Circuit recently has suggested in dicta on multiple occasions that the preponderance standard might not actually be required as a constitutional matter, but he does not address whether he would have reached a different conclusion had he employed some lower standard in this instance.
