. (FJLED WITH THE "
CO~Rt'SF flY OFFICER
eso:" .' ,.
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DATE: '
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 April 1, 2009,
which took place in a sealed courtroom due to the discussion of
classified information. Upon consideration of Petitioner AI
Adahi's Motion for Discovery Under Section 1. E. 2 of the Case
Management Order [Dkt. No. 296] , the Opposition, Reply,
1
representations of the parties, and the entire record herein, it
is hereby 2
ORDERED, that Document Request No. 1 is granted. The
Government certified that it has produced information responsive to
1 Any mention herein of "consolidated files" refers to the
JTF-GTMOjOARDEC files.
2 Unless otherwise specified, all matters in the Document
Request are included in the Court's Order.
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that one remaining request -
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two of the three specific requests made by the pJtitioner.
i
For
referenced in ISN 33 FD-302 (8/16/02) -
the Government shall produce the requested document$. Further, the
i
Government will confirm whether its representation is accurate that
it has provided to Petitioner all documents related to each
interrogation in which the Petitioner made statements that
challenged the Government's allegations against rim; and it is
further
ORDERED, that Document Request No. 2 is grianted in part,
denied in part, and stayed in part. To the extent that the
Government has not already done so as part of it~ production of
exculpatory evidence, it shall produce interrogati0n logs or plans
for those interrogations of the Petitioner that eliqited statements
upon which the Government relies to justify its detention.
Petitioner's request for the most up-to-date
_is stayed. Parties shall confer on ~he issue. If
Petitioner wants to pursue his request for the document~ he will be
permitted to re-submit that portion of the request. The Government
will have five days to respond in the event that th~ request is re
submitted. If the Petitioner chooses not to purs~e this request,
he shall notify the Court of his decision; and it is further
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ORDERED, that Document -
Request
prejudice, because it sweeps too broadly.
No. 3 is denied
Petitioners may, if they
without
choose, amend their request to narrow what thtFY ask of the
Government; and it is further
ORDERED, that Document Request No. 4 isgr'nted. To the
extent that the Government has followed up on ti!J.e information-
gathering suggested in it! shall produce
documents collected in that process; and it is further
ORDERED, that Document Request No. 5 is .denied without
prejudice, because Petitioner withdraws the reques~ at this time.
If the Government decides to rely on information related to this
request, it must provide notice of that decision wi;thin three days
of making it; and it is further
ORDERED, that Document Request No. 6 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!
, and who he alleges are not
enemy combatants; and it is further
ORDERED, that Document Request No. 7 is deni~d, because the
Government certified that it has satisfied this request in
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fulfilling its obligation to produce exculpatory information, and
because Petitioner has made no specific allegations of abuse or
torturei .and it is further
ORDERED, that Document Request No. 8 is granted in part and
denied in part as moot. The request for a copy
lIIIIIIare denied as moot because the Government represented that
it conducted a search for these items, and concluded on the basis
of that search that it does not have the items in its possession.
The request for is grantedi the Government will
conduct a search for it. If they are able to locate
they will allow the Petitioner to inspect it; and it is further
ORDERED, that Document Request No. 9 is denied without
prejudice. Petitioner may, if he chooseS, amend his request to
narrow what he is asking of the Governmenti and it is further
ORDERED, that Document Requests No. 10 and No. 11 are denied,
because the Government certified that it has satisfied the requests
in fUlfilling its obligation to produce exculpatory information.
Further, Document Request No. 10 sweeps too broadlYi and it is
further
ORDERED, that Document Request No. 12 is denied, because it
was withdrawn by Petitioner; and it is further
ORDERED, that Document Requests No. 13 and No. 14 are granted
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in part and denied in part.
documents or other
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information
The Government must produce any
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
sweeps too broadly; and it is further
ORDERED, that Document Request No. 16 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 individuais who are alleged
to have stayed in guesthouses with Petitioner, and who Petitioner
alleges are not enemy combatants; and it is further
ORDERED, that Document Request No. 17 is denied, because the
Government represented that it has satisfied this request in
fulfilling its obligation to produce exculpatory information; and
it is further
ORDERED, that Document Request No. 18 is stayed. The
Government will confirm whether its representation is accurate that
its policy was to omit from the Factual Return any inculpatory
evidence collected from a polygraph examination and include any
exculpatory evidence collected from a polygraph examination. If
the Government cannot file a notice to this effect, and it
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..
determines that such an examination was administered, the Court
will grant the Document Reguest, and the Government shall produce
documents related to such an examination; and it is further
ORDERED, that Document Requests No. 19 and No. 20 are stayed.
By April 10, 2009, Petitioner shall notify the Court as to whether
he wants to pursue his requests for these documents. If so, the
Petitioner's requests should be fashioned as narrowly as possible
and should include particularized information; the Government shall
have five days to respond to the requests, if they are made; and it
is further
ORDERED/ that Document Request No. 21 is granted; and it is
further
ORDERED, that Document Request No. 22 is denied, because it
sweeps too broadly; and it is further
ORDERED, that Document Request No. 23 is denied, in view of
the fact that the Government certified that it has satisfied these
requests in fulfilling its obligation to produce exculpatory
information; and it is further
ORDERED, that Document "Request No. 24 is denied, because it
sweeps too broadly; and it is further
ORDERED, that Document Requests No. 25 and 26 are granted in
part. The Government shall produce under No. 25 those photographs
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used to identify Petitioner. -
The Government shall produce under
if any, shown to other detainees who
and
it is further
ORDERED, that Document Request No. 27 is denied, because it
sweeps too broadly; and it is further
ORDERED, that Document Request No. 28 is denied, because
Petitioner has withdrawn the request.
/'". ,,..0, / ,,".' ./
April v!L, 2009
Gi:~yfJ ~:.~fer1:) fr'..JJ, L::-C
United states District JUdge
Copies to: Attorneys of Record via ECF
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Al-Adahi v. Bush
Combined Opinion