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Sharifullah v. Bush

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA


February 10, 2009

SHARIFULLAH, ET.AL., PETITIONERS,
v.
GEORGE W. BUSH, ET AL., RESPONDENTS.

The opinion of the court was delivered by: Emmet G. Sullivan United States District Judge

ORDER

Pursuant to the status hearing held on February 6, 2009, it is hereby:

ORDERED that by no later than February 17, 2009, the government shall produce to Petitioner's counsel, subject to any restrictions pursuant to the Protective Order in this case, any and all exculpatory information reasonably available to the United States Government that bears on Petitioner's detention and/or that would suggest that Petitioner should not be designated as an enemy combatant. It is further

ORDERED that by no later than February 17, 2009, the government shall produce all information reasonably available to the United States Government bearing on the circumstances surrounding any statements upon which Respondent relies in its Factual Return. (See Parhat v. Gates, 532 F.3d 834, 847 ("As the Supreme Court explained in Concrete Pipe, in the course of discussing the nature of "'the burden of showing something 'by a preponderance of the evidence'": 'Before any such burden can be satisfied in the first instance, the factfinder must evaluate the raw evidence, finding it to be sufficiently reliable and sufficiently probative to demonstrate the truth of the asserted proposition with the requisite degree of certainty.'") (citing Concrete Pipe & Prods., Inc. V. Construction Laborers Pension Trust, 508 U.S. 602 (1993)). See also Haynes v. Washington, 373 U.S. 503, 513 (1963) ("'In short, the true test of admissibility is that the confession is made freely, voluntarily, and without compulsion or inducement of any sort.'" ... And, of course, whether the confession was obtained by coercion or improper inducement can be determined only by an examination of all the attendant circumstances.") (internal citations omitted). It is further

ORDERED that by no later than February 13, 2009, the government shall file an unclassified version of the Factual Return. It is further

ORDERED that by no later than 12:00 p.m. on March 2, 2009, Petitioner shall file with the Court a pleading setting forth the need for any additional discovery.

ORDERED that the parties shall file a Status Report by no later than 12:00 p.m. on March 13, 2009. It is further

ORDERED that a Status Hearing is scheduled for March 17, 2009, at 11:00 a.m.

SO ORDERED.

20090210

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