Lyle Denniston reports:
The D.C. Circuit Court, in a broad hint to the Justice Department to adopt a new strategy in detainee cases, suggested strongly on Tuesday that federal judges are now demanding too much evidence from the government to justify holding prisoners at Guantanamo Bay, and elsewhere. Although the three-judge panel said it was not deciding the issue finally, it said that detention might be legal if the government has only “some evidence” to support captivity. Even a “preponderance of the evidence” standard may be too strict, it indicated.
More on this later. I suppose having lost about three-quarters of the habeas challenges so far, the D.C. Circuit Court may have felt the government needed a little extra boost.