UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
__________________________________________
)
AL HALMANDY, et al. )
)
Petitioners, )
)
v. ) Civil Action No. 05-2385 (ESH)
)
BARACK OBAMA, et al., ) (Mohammed, ISN 570)
)
)
Respondents. )
__________________________________________)
ORDER
Upon consideration of the matters discussed during a classified proceeding held on
October 2, 2009, and for the reasons stated during that proceeding, it is hereby ORDERED that:
1) respondents’ Motion for Leave to Amend and Supplement the Statement of Material
Facts is GRANTED, although petitioner is entitled to move for reconsideration within ten (10)
days;
2) petitioner’s Motion to Strike [Dkt. 372] is DENIED;
3) respondents’ Motion for Reconsideration [Dkt. 327] is DENIED as moot, except to
the extent that some subset of documents in the database discussed at the proceeding have not
been reviewed by Department of Justice (“DOJ”) attorneys and may reference petitioner;
4) petitioner’s motion to compel [Dkt. 356] is GRANTED in part as set forth in
paragraphs 5-13 herein;
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5) on or before October 16, 2009, respondents shall file an affidavit advising the Court of
the results of their search for Red Cross materials concerning petitioner using his name and/or
ISN created at any time prior to October 1, 2002;
6) on or before October 16, 2009, respondents shall file an affidavit advising the Court as
to whether it is more likely than not that there are documents in the database discussed at the
hearing that contain references to the petitioner or his ISN and that have not been searched by
DOJ attorneys and, if so, whether such materials are searchable by the name and/or ISN of
petitioner and whether DOJ attorneys can obtain access to this database;
7) on or before October 16, 2009, respondents shall declassify any statements made by
petitioner;
8) petitioner shall forthwith provide the Court and respondents with a prioritized list of
materials (excluding petitioner’s statements) for declassification;
9) on or before October 16, 2009, respondents shall complete their review of Task Force
records and produce responsive materials to petitioner;
10) on or before October 30, 2009, respondents shall produce to petitioner declassified
versions of any photographs of petitioner taken prior to October 1, 2002, existing in files readily
available to respondents, including the two undated photographs identified by respondents during
the proceeding;
11) on or before October 30, 2009, respondents shall produce to petitioner any medical
and/or psychological records concerning petitioner existing in the government’s possession at
Guantanamo Bay that were created on or before October 1, 2002, as well as any medical and/or
psychological records concerning petitioner that were created within sixty days before or after
the dates of the statements referenced in Exhibits 13, 15, and 19;
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12) on or before October 30, 2009, respondents shall produce to petitioner any
interrogation logs referencing petitioner existing in files readily available to respondents that
were created on or before October 1, 2002;
13) on or before October 30, 2009, respondents shall produce to petitioner any pocket
litter from petitioner, including his wallet, its contents, the translation of petitioner’s passport, his
identification card, and the airline ticket referenced during the proceeding;
14) on or before November 25, 2009, petitioner shall file his traverse;
15) a further status conference is set for December 7, 2009, at 9:30 a.m.
SO ORDERED.
/s/
ELLEN SEGAL HUVELLE
United States District Judge
DATE: October 6, 2009
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