UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
____________________________________
)
JAMIL AHMAD SAEED, )
)
Petitioner, )
)
v. ) Civil Action No. 05-2386 (RBW)
)
BARACK H. OBAMA, )
President of the United States, et al., )
)
Respondents. )
____________________________________)
ORDER
The Court having considered the Respondents’ Emergency Motion to Reconsider the
Court’s Order of May 1, 2009, and the Court finding, in accordance with the memorandum
opinion recently issued by the Honorable Alan Kay of this Court in Al Wady v. Obama, Civil
Action No. 08-CV-01237 (RMU) (AK), 2009 WL 1209067 (D.D.C. May 1, 2009), that the
procedures employed by the Joint Task Force-Guantanamo (the “Joint Task Force”) to facilitate
interaction between counsel and individual petitioners, as articulated by the respondents in their
emergency motion and in the declaration of Commander Don A. Martin (the “Martin
Declaration” or “Martin Decl.”) attached as Exhibit 1 thereto, do not adequately ensure that the
rejection of counsel by an individual petitioner is knowing and voluntary, it is
ORDERED that the respondents’ motion is DENIED. It is further
ORDERED that the Department of Defense shall take whatever steps are necessary to
ensure that counsel for the petitioner is permitted to visit with the petitioner face-to-face during
counsel’s visit to the Guantanamo Bay Naval Base on May 19-20, 2009, including (1) approving
his pending request to travel to Guantánamo Bay, Cuba, on May 18, 2009, and (2) arranging for
a face-to-face meeting between counsel and the petitioner on May 19 or 20, 2009. It is further
ORDERED that the meeting between counsel and the petitioner to take place on May 19
or May 20, 2009, shall be held at a designated “meeting place,” as that term is intended in
paragraph 6 of the Martin Declaration. 1 It is further
ORDERED that if the Joint Task Force concludes that the petitioner is likely to reject
any request to meet face-to-face with counsel, it may transfer him to the designated meeting
place described above without informing him of the purpose of his transfer, but that under no
circumstances shall the Joint Task Force prevent counsel from meeting face-to-face with the
petitioner. It is further
ORDERED that the Joint Task Force shall take whatever steps are necessary to ensure
that the safety of the petitioner’s counsel is not endangered during his meeting with the
petitioner, including, if necessary, posting guards at the designated meeting place or placing the
petitioner in restraints if the Task Force believes that he may become violent during his face-to-
face meeting with counsel. It is further
ORDERED that the petitioner’s motion to terminate the stay of his habeas corpus
petition is DENIED.
SO ORDERED this 12th day of May, 2009.
REGGIE B. WALTON
United States District Judge
1
As stated in the Martin Declaration, “if the detainee elects to meet with counsel, the detainee is transported from
his current location to the meeting place. Normally, counsel/detainee meetings take place at Camp Echo, a location
specifically designed to facilitate such meetings in a secure and safe environment.” Martin Decl. ¶ 6.
2