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July 31, 2015

Judge: Gitmo Suit Denied Since U.S.-Afghanistan War "Has Not Stopped" 
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In related news, a federal judge has rejected a Guantánamo prisoner's
lawsuit arguing that his imprisonment is no longer legal now that
President Obama has declared an end to the U.S. combat mission in
Afghanistan. The prisoner, Muktar Yahya Najee al-Warafi, is a Yemeni
citizen who has been held in Guantánamo since his capture in
Afghanistan in 2002. His legal challenge hinged on a 2004 Supreme Court
opinion saying imprisonment under the Authorization for Use of Military
Force is only permitted as long as "active hostilities" continue. But
Thursday, a federal judge ruled al-Warafi's continued detention legal
because there is "convincing evidence that US involvement in the
fighting in Afghanistan, against al-Qaida and Taliban forces alike, has
not stopped."

 

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