UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
_____________________________
)
SHAWKI AWAD BALZUHAIR, )
)
Petitioner, )
)
v. ) Civil Action No. 08-1238 (RWR)
)
ROBERT GATES et al., )
)
Respondents. )
)
ORDER
A petition for habeas corpus relief was filed on behalf of
Guantánamo Bay detainee Shawki Awad Balzuhair purportedly by a
“next friend.” On July 29, 2008 Judge Hogan issued an Order in
this case requiring petitioner’s counsel to file a signed
authorization from the petitioner to pursue the action, or a
declaration by counsel that states that the petitioner directly
authorized counsel to pursue the action and explains why counsel
was unable to secure a signed authorization. Petitioner’s
counsel have not complied with that Order and have provided no
evidence of direct authorization of representation despite
traveling to Guantánamo Bay two times.
However, the petitioner has purportedly expressed interest
in obtaining representation from an attorney named Ramzi Kassem,
and the petitioner’s counsel have moved for an order allowing the
petitioner to meet with Kassem without Kassem first entering an
-2-
appearance as attorney of record in this case. Petitioner’s
counsel represent that Kassem is willing to sign and file in this
case a memorandum of understanding regarding access to classified
national security information and acknowledgments. The
respondents oppose, arguing that allowing Kassem to meet with the
petitioner without first entering an appearance as attorney of
record would create “uncertainty regarding this Court’s authority
to control Mr. Kassem’s conduct.” (Respt.’s Opp’n at 1.)
However, the respondents do not explain why there would be any
ambiguity regarding control over Kassem if he signed and filed a
modified version of that memorandum specifically acknowledging
this Court’s control over him. Therefore it is hereby
ORDERED that the petitioner’s motion [#132] be, and hereby
is, GRANTED. Petitioner’s counsel are directed to file by
April 8, 2011 an appropriately modified version of the standard
memorandum of understanding regarding access to classified
national security information and acknowledgments bearing the
notarized signature of Kassem specifically submitting to the
authority of this Court and listing all jurisdictions in which
Kassem is admitted to the practice of law. It is further
ORDERED that the parties file a joint status report by
April 18, 2011 setting forth the proposed date of the meeting
between petitioner and Kassem and proposing the date for a
-3-
subsequent joint status report detailing the result of the
meeting. It is further
ORDERED that petitioner’s motion [#140] for a hearing on his
pending motion for an order allowing prospective alternative
counsel to meet with petitioner be, and hereby is, DENIED as
moot.
SIGNED this 29th day of March, 2011.
/s/
RICHARD W. ROBERTS
United States District Judge