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Administrative Law Keyed to Funk
Center for Constitutional Rights v. Central Intelligence Agency
Citation:
765 F.3d 161 (2014)Facts
Mohammed al-Qahtani, a Saudi national, has been detained at Guantanamo Bay since February 2002 on suspicion of being the intended “20th hijacker” in the 9/11 attacks. His detention became publicly known in 2005 when a log of his interrogations was published in Time Magazine. In 2009, the DoD’s Convening Authority for Military Commissions stated that al-Qahtani’s treatment at Guantanamo “met the legal definition of torture.” In March 2010, the Center for Constitutional Rights filed FOIA requests seeking videos, photographs, and other audio-visual recordings of al-Qahtani at Guantanamo between 2002 and 2005. The government identified 62 responsive records: 53 FBI videotapes showing al-Qahtani’s activities in his cell and interactions with DoD personnel, one video showing “forced cell extractions,” two videos showing “document intelligence debriefings,” and six mug shots. The government withheld these materials under FOIA Exemption 1, arguing that their release could harm national security by providing propaganda material for extremists to incite anti-American violence.
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