UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
______________________________
MUHAMMAD AHMAD ABDALLAH :
AL ANSI, et al., :
:
Petitioners, :
:
v. : Civil Action No. 08-1923 (GK)
:
BARACK H. OBAMA, et al., :
:
Respondents. :
______________________________:
ORDER
A Status Conference was held in this case on June 2, 2010 for
Petitioner Al-Ansi, part of which was closed to the public due to
the discussion of classified information. Upon consideration of the
representations of the parties, and the entire record herein, it is
hereby
ORDERED, that the Government shall file a certification with
the Court on or before September 30, 2010, stating that it has
completed its review of all reasonably available information and
disclosed all exculpatory evidence pursuant to the Case Management
Order and subsequent discovery Orders; and it is further
ORDERED, that Motions for Judgment on the Record shall be
submitted by October 28, 2010. The Oppositions are due by November
24, 2010. Petitioner may include any additional exculpatory
materials not listed in the Traverse in the briefings without
amending the Traverse; and it is further
ORDERED, that a Pretrial Conference will take place in
Chambers on December 2, 2010, at 4:00 p.m. In advance of that
Conference, by November 24, 2010 at 5:00 p.m., parties shall submit
their statements of the main issues in dispute; and it is further
ORDERED, that by December 1, 2010, parties shall submit their
exhibit lists and exhibits. Parties should file with the Court a
numbered list of Joint Exhibits, along with a bound and tabbed copy
of those exhibits. They will be referred to as JE #__. This set of
exhibits should include evidence that both parties expect will be
referenced at the Merits Hearing.
In addition to this universe of key exhibits, each party shall
submit a numbered list of those documents that will or might be
referenced at the Hearing, along with a bound and tabbed copy of
the documents. The Government’s exhibits will be referred to as GE
#__, and Petitioner’s as PE #__. Should parties need to add
exhibits after the Pre-Trial Conference, they must be submitted as
part of the GE or PE universe, and not as a supplement to the Joint
Exhibits.
The parties are on notice that any evidence that has not been
identified in the above exhibit books on or before December 1,
2010, may be excluded from consideration by the Court. The two
exceptions to the December 1, 2010 deadline shall be 1) documents
offered solely for the rebuttal of arguments made at the Merits
Hearing that could not reasonably have been anticipated, and 2)
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exculpatory information, as to which the Government has a
continuing obligation to disclose to Petitioner; and it is further
ORDERED, that by November 8, 2010, Petitioner’s counsel shall
file a praecipe indicating whether or not the Petitioner wishes to
listen to the unclassified portions of the Merits Hearing, and
whether Petitioner will or will not testify at the Hearing; and it
is further
ORDERED, that a Merits Hearing will be held December 6-10 and
13-17, 2010.1; and it is further
ORDERED, that the Merits Hearing shall proceed as follows:
(1) The parties shall begin with unclassified opening
statements, with the Government presenting its unclassified opening
statement first. The parties shall confer prior to the first day of
the Hearing to determine whether there are any disagreements as to
what information may be considered unclassified, and to resolve the
same. If Petitioner chooses to listen to the unclassified opening
statements, Petitioner shall be responsible for translators and the
Government shall be responsible for all other logistical
arrangements. Following the unclassified opening statements, the
parties shall present classified opening statements, with the
Government presenting its classified opening statement first.
(2) The Court shall require an issue-by-issue evidentiary
presentation. Accordingly, the Government shall make a presentation
1
Counsel was advised at the Status Conference to also set
aside January 4-7 and 10-14, 2011, as an alternative schedule for
the Merits Hearing.
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on a contested issue relevant to Petitioner’s detention. Petitioner
shall then respond to the Government’s presentation through a
presentation of evidence and argument. Finally, the Government may
respond to Petitioner’s presentation in rebuttal. The Court expects
that counsel for Petitioner and the Government will use electronic
presentation devices to present their documentary evidence to the
Court. The parties should contact John Cramer, Office of
Information Technology, to discuss equipment available to the
parties.
(3) The parties shall present classified closing statements.
The Government shall present its closing argument first, followed
by Petitioner. The Government shall be allowed a brief rebuttal
closing argument.
/s/
June 2, 2010 Gladys Kessler
United States District Judge
Copies to: Attorneys of Record via ECF
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