UNCLASSIFIEOIIFOR PUBLIC RELEASE
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
MOHAMMED AL-ADAHI, et al"
Petitioners,
v. Civil Action No. 05-280 (GK)
SARACK H. OBAMA, et al.,
Respondents,
QRDER
A Status Conference was held in this case on March 25, 2009,
which took place in part in open court and in part in a sealed
courtroom due to the discussion of classified information. l Upon
consideration of Petitioner Hamdoun's Motion for Discovery Under
Section l.E.2 of the Case Management Order [Dkt. Nos. 297], the
opposition, Reply, representations of the parties, and the entire
record herein,2 it is hereby]
ORDERED, that Document Request No. 1 is granted in part and
In addition to scheduling issues, there were three ripe
discovery motions before the Court; one motion was filed on the
public docket, while two others were classified. On March 26,
2009, the Court issued a public Order resolving the unclassified
motion. The Court resolves portions of the classified motions in
this Order. The remainder of the discovery issues will be resolved
after the Court hears from parties at the next Status Conference.
Any mention herein of "consolidated files" refers to the
JTF-GTMO/OARDEC files.
Unless otherwise specified, all matters in the Document
Request are included in the Court's Order.
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denied in part. The Government certified that it has produced all
but one of the seven intelligence reports requested by the
Petitioner. For that one remaining report,
the Government will report by March 30, 2009, on its ability to
locate and provide the document. The Government is not required to
produce Petitioner's drawing of the house in which he was captured,
since it is not relevant to the legality of his detention.
Finally, the Government certified that any records created of
Petitioner's interrogations during the weeks in question would have
been produced as part of the Government's obligation to turn over
exculpatory evidence. Petitioner is permitted to submit an
interrogatory to determine if any evidence pertaining to the
interrogations during this time period might exist in a database
outside of the JTF-GTMO!OARDEC ("consolidated files"); and i t is
further
ORDERED, that Document Request No. 2 is granted in part. To
the extent that the Government has not already done so as part of
its production of exculpatory evidence, it shall produce
interrogation logs or plans for those interrogations of the
Petitioner that elicited statements upon which the Government
relies to justify its detention; and it is further
ORDERED, that Document Request No. 3 is denied, because the
Government represented that it has met this request in fulfilling
its obligation to produce exculpatory information; and it is
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further
ORDERED, that Document Request No. 4 is denied without
prejudice, because it sweeps too broadly. Petitioners may, if they
choose, amend their request to narrow. what they ask of the
Government. Such an amended request should be limited to
information related to the Government's knowledge of promises or
requests made to individuals whose confessions, if given, the
Government relies on to justify detention; and it is further
ORDERED, that Document Request No. 5 is denied, because the
Government represents that it does not have the item in its
possession, according to a document that itemizes the _
1IIIIIIII found on Petitioner when he entered Guantanamo Bay; and it
is further
ORDERED, that Document Requests No. 6 and No. 7 are granted.
The Government will conduct a search for the
If they are able to locate the _ they will allow the
Petitioner to inspect it. If they are able to locate thellllllllll
they will produce a copy of it; and it is.further
ORDERED, that Document Request No. 8 is denied, because it
sweeps too broadly, and it is further
ORDERED, that Document Request No. 9 is granted in part and
denied in part without prejudice. The Government shall produce
Petitioner's medical records for the first four months that
Petitioner was detained at Guantanamo Bay. Petitioner is permitted
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to request at a later time records that pertain to time frames for
which he can justify a particular concern; and it is further
ORDERED, that Document Requests No. 10 and No. 11 are denied
without prejudice, in view of the fact that the Government
certified that it has satisfied this request in fulfilling its
obligation to produce exculpatory information; and it is further
ORDERED, that Document Requests No. 13 and No. 14 are granted
in part and. denied in part. The Government must produce any
documents or other information that relate to any formal
requirements or procedures for becoming a .member of Al Qaida; and
it is further
ORDERED, that Document Request No. 15 is denied, because it
requests information that is too remote from any that the
Government uses to justify detention; and it is further
ORDERED, that Document Request No. 16 is denied, because it
sweeps too broadly; and it is further
ORDERED, that Document Request No. 17 is granted. If the
Government is in possession of the video or video stills, it must
produce a copy to the Petitioner; and it is further
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ORDERED, that Document Request No. 18 is denied, because it is
not relevant; and it is further
ORDERED, that Document Request No. 19 is granted; and it is
further
ORDERED, that a Status Conference shall be held on April 1,
2009, at 10:30 a.m.
MarCh!i2, 2009
ISIG~~
Gladys Kessler
United States District Judge
Copies to: Attorneys of Record via ECF
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