UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
______________________________
MOHAMMED AL-ADAHI, et al., :
:
Petitioners, :
:
v. : Civil Action No. 05-280 (GK)
:
BARACK H. OBAMA, et al., :
:
Respondents. :
______________________________:
ORDER
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.1 Upon
consideration of Petitioner Bawazir’s Motion for Discovery Pursuant
to Section I.E.2 of the Case Management Order [Dkt. No. 290], the
Government’s Opposition [Dkt. No. 300], Petitioner’s Reply [Dkt.
No. 307], representations of the parties, and the entire record
herein,2 it is hereby3
1
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. The public motion
was dealt with in open court, and its resolution is set forth
herein. The Court resolved parts, but not all, of the classified
motions in closed proceedings; because that Order contains
classified information, it cannot be filed on the public docket.
2
Any mention herein of the “consolidated files” refers to
the JTF-GTMO/OARDEC files.
3
Unless otherwise specified, all matters listed in the
Document Request are included in the Court’s Order.
ORDERED, that Document Request No. 1 is granted. The
Government shall produce all records or reports of interrogations
of Petitioner either before or after his rendition to Guantanamo
Bay; and it 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 without
prejudice. Petitioner may, if he chooses, amend his request to
narrow what he is asking of the Government. Such an amended
request should be limited to specific individuals who Petitioner
can identify by name, who he alleges worked for Ahfad al Sabah and
Al Wafa, and who he alleges are not enemy combatants; and it is
further
ORDERED, that Document Request No. 4 is denied, because it
sweeps too broadly; and it is further
ORDERED, that Document Request No. 5 is denied, because the
Government represented that it has satisfied this request by
fulfilling its obligation to produce exculpatory information; and
it is further
ORDERED, that Document Request No. 6 is denied without
prejudice, because it sweeps too broadly. Petitioner may, if he
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chooses, amend his request to narrow what he is asking 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. 7 is denied, because the
Government represented that it has satisfied this request by
fulfilling its obligation to produce exculpatory information; and
it is further
ORDERED, that Document Request No. 8 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 may request,
if supported by very specific evidence from these records,
additional medical records at a later time; and it is further
ORDERED, that Document Requests No. 9 and No. 10 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. 11 is denied, because it is
burdensome and sweeps too broadly; and it is further
ORDERED, that Petitioner’s Request for Admissions and
Associated Interrogatories is denied, because the Government
represented that it has satisfied these requests.
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ORDERED, a further Status Conference will be held on April 1,
2009, at 10:30 a.m.
/s/
March 25, 2009 Gladys Kessler
United States District Judge
Copies to: Attorneys of Record via ECF
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