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UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
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..... . ~Jtt./bf
"'A':TE" v I
MOHAMMED AL-ADAHI, et al.,
Petitioners,
v. Civil Action No. 05-280 (GK)
BARACK H. OBAMA, et al.,
Respondents.
ORDER
Two Petitioners in this case, Mohammed Al-Adahi and Zahar Omar
Khamis Bin Hamdoun, seek additional discovery of certain materials.
Upon consideration of Petitioner Al-Adahi's Motion for Additional
Discovery Pursuant to the Court's April 2, 2009 Order [Dkt. No.
331], Petitioner Hamdoun's Motion for the same 1 [Dkt. No. 332], Al
Adahi's Motion to Compel the Production of His Most Up-To-Date
[Dkt. No. 339], the Oppositions, Replies,
representations of the parties, and the entire record herein, it is
hereby
ORDERED, that Al-Adahi's and Hamdoun's requests for materials
1 Hamdoun's Motion is titled uMotion for Additional
Discovery and Interrogatory Pursuant to the Court's April 2, 2009
Order."
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the Government during
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related to the identity and qualifications of translators used by
interrogations of detainees are denied,
because they fail to meet the requirements under § I.E.2 of the
Case Management Order ("CMO"). The requests, while specific, are
purely speculative in terms of what they hope to obtain.
Petitioners have failed to show that the information is likely to
produce any evidence demonstrating unlawful detention as required
by § I.E.2 (3). Additionally, as the Government has described, some
of the information requested by Petitioners is contained in
documents which have already been produced to them. Finally, the
Court credits the Government's argument that uncovering the
requested information about translators would be overly burdensome;
and it is further
ORDERED, that Petitioner Hamdoun's Motion to Compel an answer
to his proposed interrogatory is denied~ The request is targeted,
but again fails to demonstrate how the information requested is
likely to produce evidence demonstrating unlawful detention. The
Government relies on one statement made during the period described
in the interrogatory; "circumstances evidence" pertaining to that
statement is contained in the _ itself, and the Government has
already conducted a search for additional evidence related to the
statement (which did not produce any material). Given the
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speculative nature of the request, and the fact that it requires a
burdensome global search for information outside the consolidated
files and throughout the government, the proposed interrogatory
fails to meet the requirements of the CMOj and it is further
ORDERED, that Petitioner Al-Adahi's request for production of
the most up-to-date is denied. The
lIIIis not a single document, but a compilation of many different
reports. Therefore, the request is not as targeted as Petitioner
represents. Further, Petitioner Al-Adahi can only speculate that
information in the u p d a t e d . will have any bearing on the
lawfulness of his detention. The open-ended request, although
perhaps not as burdensome to the Government to provide as the other
requests discussed, does not meet the requirements of § I.E.2(3).
May (}-, 2009
lsi tjJ
Gladys Kessle ~~
United States District Judge
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Copies to: Attorneys of Record via ECF
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