UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
SUHAIL ABDU ANAM, et al.,
Petitioners,
v. Civil Action No. 04-1194 (TFH)
BARACK H. OBAMA, et al.,
Respondents.
ORDER
On October 20, 2009, the Court held a Prehearing Conference for Petitioner Musa’ab Al
Madhwani (ISN 839), part of which was closed. The Court heard argument on pending motions
and discussed logistics for the upcoming Merits Hearing. This order serves to memorialize the
rulings issued during the conference. Accordingly, for the reasons set forth during the
conference, the Court hereby
ORDERS that Respondents’ Motion for Leave to Amend the Factual Return for ISN 839
to Include Additional Evidence [Dkt. No. 580] is GRANTED. Though Respondents may rely on
the thirty-eight exhibits attached to the motion, they are prohibited from relying on any
documents disclosed to Petitioner’s counsel after October 5, 2009. In order to provide
Petitioner’s counsel with additional time to process these new exhibits, the Court offered to delay
the Merits Hearing and listed alternative hearing dates. The Court was informed today, October
21, 2009, that Petitioner’s counsel have chosen to decline the Court’s offer and wish proceed
with the Merits Hearing as scheduled. Therefore, the Merits Hearing will begin on October 26,
2009, at 9:30 a.m. in Courtroom 15. The Court further
ORDERS that Respondents’ Notice of Filing of Materials Relating to a Witness Upon
Whom Respondents Rely in their Factual Returns, Whose Statements Petitioners ISN 256 and
ISN 839 Have Put at Issue With the Court, or in the Alternative, Motion to Supplement the
Record [Dkt. No. 575] is GRANTED IN PART. The motion is granted with respect to
Petitioner Al Madhwani. The attached materials may only be used as rebuttal evidence at
Petitioner Al Madhwani’s Merits Hearing. The Court defers ruling on the motion with respect to
Petitioner Riyad Ataq al Haj (ISN 256). The Court further
ORDERS that Petitioner’s unopposed Motion for Leave to File Petitioner’s Prehearing
Statement Under Seal [Dkt. No. 578] is GRANTED. The Court further
ORDERS that Respondents’ Motion to Exclude Testimony of Petitioner’s Expert
Witnesses or, in the Alternative, for Disclosures of Summaries of Expert Opinions, and Motion
to Exclude Petitioner’s Witness Mohamad Al Madhwani from the Merits Hearing [Dkt. No. 605]
is GRANTED IN PART and DENIED IN PART. The motion to exclude the testimony of
Petitioner’s expert witnesses is denied. The motion for disclosures of summaries of expert
opinions is granted. Petitioner’s counsel is ordered to provide Respondents with summaries of
the opinions of Petitioner’s expert witnesses on or before Thursday, October 22, 2009. The
motion to exclude Petitioner’s witness Mohamad Al Madhwani is denied as moot since
Petitioner’s counsel represented at the hearing that they will not call Mohamad Al Madhwani as a
witness. The Court further
ORDERS that the entire Merits Hearing will be held in Courtroom 15 to accommodate
Petitioner’s counsel, one of whom will be at the United States Naval Base in Guantanamo Bay,
Cuba (“Guantanamo Bay”) during the length of the proceedings. Counsel at Guantanamo Bay
2
will be permitted to attend the hearing and conduct the direct examination of Petitioner, but
otherwise will be prohibited from participating at the Merits Hearing due to technological issues.
SO ORDERED.
October 21, 2009 /s/ Thomas F. Hogan
Thomas F. Hogan
United States District Judge
3