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Al-Adahi v. Obama

February 12, 2009

MOHAMMAD AL-ADAHI, ET AL., PETITIONERS,
v.
BARACK H. OBAMA, ET AL., RESPONDENTS.
RAFIQ BIN BASHIR BIN JALLUL ALHAMI, ET AL., PETITIONERS,
v.
BARACK H. OBAMA, ET AL., RESPONDENTS.
FARHI SAEED BIN MOHAMMED, ET AL., PETITIONERS,
v.
BARACK H. OBAMA, ET AL., RESPONDENTS.
JIHAD DHIAB, ET AL., PETITIONERS,
v.
BARACK H. OBAMA, ET AL., RESPONDENTS.
HAMID AL RAZAK, ET AL., PETITIONERS,
v.
BARACK H. OBAMA, ET AL., RESPONDENTS.
ALLA ALI BIN ALI AHMED, ET AL., PETITIONERS,
v.
BARACK H. OBAMA, ET AL., RESPONDENTS.
MOHAMMED AHMED TAHER, ET AL., PETITIONERS,
v.
BARACK H. OBAMA, ET AL., RESPONDENTS.
MUHAMMAD AHMAD ABDALLAH AL ANSI, ET AL., PETITIONERS,
v.
BARACK H. OBAMA, ET AL., RESPONDENTS.



The opinion of the court was delivered by: Gladys Kessler United States District Judge

APPENDIX A

CASE MANAGEMENT ORDER #3*fn1

As indicated in the accompanying Memorandum Order, the Court includes here a revised version of Case Management Order #1. It integrates past clarifications and amendments.*fn2

I.

A. Factual Returns*fn3

In accordance with Judge Hogan's Order of July 29, 2008, as amended by his Order of September 19, 2008, the Government shall file returns and proposed amended returns containing the factual basis upon which it is detaining Petitioner. See Hamdi v. Rumsfeld, 542 U.S. 507, 533 (2004) (holding that a "citizen-detainee seeking to challenge his classification as an enemy combatant must receive notice of the factual basis for his classification").

B. Legal Justification

The Government shall file a succinct (one or two paragraph) statement explaining the specific legal grounds upon which it relies for detaining Petitioner. If the Government's justification for detention is Petitioner's status as an enemy combatant, the Government shall provide the definition of enemy combatant on which it relies. If the Government has already filed a factual return, the legal justification is due within 14 days of the date of this Order. In all other cases, the Government shall include the legal justification with the factual return.

C. Unclassified Factual Returns

By January 9, 2009, the Government shall file an unclassified version of each factual return it has filed to date. In cases in which the Government has yet to file a factual return, the Government shall file an unclassified version of the return within 21 days of the date on which the Government is to file the factual return.

D. Exculpatory Evidence

1. The Government shall disclose to Petitioner all reasonably available evidence in its possession that tends materially to undermine the information presented to support the Government's justification for detaining Petitioner. See Boumediene, 128 S.Ct. at 2270 (holding that habeas court "must have the authority to admit and consider relevant exculpatory evidence that was not introduced during the [CSRT] proceeding"). The term "exculpatory evidence" includes any evidence of abusive treatment, torture, mental incapacity, or physical incapacity which could affect the credibility and/or reliability of evidence being offered. In this context, the term "reasonably available evidence" means evidence contained in any information reviewed by attorneys preparing factual returns for all detainees; it is not limited to evidence discovered by the attorneys preparing the factual return for the Petitioner. The term also includes any other evidence the Government discovers while litigating habeas corpus petitions filed by detainees at Guantanamo Bay. If the Government has already filed a factual return, disclosure of such exculpatory evidence shall occur within 21 days of the date of this Order. If the Government has not yet filed a factual return, disclosure of such exculpatory evidence shall occur within 21 days of the date on which it files the factual return. By the date on which disclosure is to occur under this paragraph, the Government shall notify Petitioner of the existence of any evidence within its actual knowledge but not within its possession or capable of being obtained through reasonable diligence that tends materially to undermine the information presented to support the Government's justification for detaining Petitioner. By the date on which disclosure is to occur under this paragraph, the Government shall file a notice certifying either that it has disclosed the exculpatory evidence or that it does not possess any exculpatory evidence.

2. If evidence described in the preceding paragraph becomes known to the Government after the date on which the Government is required to disclose exculpatory evidence in Petitioner's case, the Government shall provide the evidence to Petitioner as soon as practicable. The Government bears a continuing ...


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