Faraj v. Bush

UNCLASSIFIEDIIFOR PUBLIC RELEASE. FILED WITH THE eo~~~TY eso: "" DATE: - W 10"\t- OFFICER UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA ABDUL HADI OMAR FARAJ, Petitioner, v. Civil Action No. 05-CV-1490 (PLF) BARACK OBAMA, et ai., Respondents. ORDER·· Following the status conference held by this Court on May 13, 2009, counsel for Petitioner and for Respondents (the "Parties") met and conferred. In lieu of proceeding under the Order entered by this Court on May 12, 2009, adopting the standard articulated in Zuhair v. Obama, Civil Action No. 08-0864, the Parties have reached an agreement relating to the production of discovery materials. Respondent, with respect to producing materials and briefing, and Petitioner, with respect to briefmg, are hereby ORDERED: Ollt 4' it .. n.,.., (/"'''' 11, .2.00' . \¥i~A fortY-Dye da~TS after the date of entT)' aUbis QrrJi:r: Respondents will produce the documents and other materials discussed below: UNCLASSIFIEDIIFOR PUBLIC RELEASE. UNCLASSIFIEDIIFOR PUBLIC RELEASE. A. From the consolidated assemblage of information from JIG and OARDEC, Respondents will search for and produce: (1) statements in investigative and interrogation reports ofPetitione b(2),b(6) b(2),b(6) at relate to the allegations in Petitioner's Factual Return; (2) b(2),b(6) interview transcripts and interrogator notes for Petitione I at relate to allegations in Petitioner's Factual Retum; and (3) interrogation logs or .similar record or any interrogation plan or similar record pertaining to Petitioner's statements which Respondents rely on in the factual return. Production of responsive information will be subject to clearance by appropriate agencies. B. Respondents will search for and produce any reasonably available audio and video recordings of Petitioner's interrogations that relate to allegations in Petitioner's Factual Return,· subject to clearance by appropriate agencies. C. Respondents will produce to Petitioner CMO Section I.E.l(3) circumstances documents b(2) and will b(2) conduct for -. reasonable search for information relating to the circumstances of statements • d relied on by Respondents in the Factual Return, all subject to clearance by appropriate agencies. D. Respondents will search for and produce the thirty-one documents identified by counsel for Petitioner in his e-mail to Respondent dated May 14,2009, subject to clearance by appropriate agencies. 2 UNCLASSIFIEDIIFOR PUBLIC RELEASE. UNCLASSIFIEDIIFOR PUBLIC RELEASE. E. Consistent with Respondents' continuing obligations under CMO Section I.D.2, to the extent additional infonnation relating to the reliability and credibility of Petitioner and b(2) comes to Respondents' attention, that infonnation will be produced subject to clearance of documents by appropriate agencies. With respect .to the briefmg schedule in this matter, Respondents will file a Motion for :I" . , . "'i;: ft-., -,,. ), "1..0, Judgment on the Record nqtl:liA: ilix~r QH~~f il~r Elf Ml Orser, fir this Geurt; Petitioner will file his Motion for Judgment on the Record and/or Opposition to Respondents' Motion ~ o~ tweft~! • ,. "'" J..,r A-a" 0' ..,,,t- ";l.-BI Lt fivil 88:yil Qfriliiipt 8fR8B1'8ft8ilJWI' Metiun; and Respondents will file any Reply to the 0", .,. ~ .. ~ Sf''''' k-~ / V, wOf Motion for Judgment on the Record witbiA iift88ft en,s Oflecetl'l oft'elitiuIiCl?!l Metiem The Status Conference scheduled for May 22, 2009 is cancelled. This Courfs Order of May 13, 2009 is vacated. £i?~ ~cJ;:;. a4. Dated: Ma~ 2009 .. UNITED STATES DISTRICT JUDGE 3 UNCLASSIFIEDIIFOR PUBLIC RELEASE.