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Ali v. Obama

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA


July 2, 2009

ABDUL RAZAK ALI (ISN 685), PETITIONER,
v.
BARACK H. OBAMA, PRESIDENT OF THE UNITED STATES, ET AL., RESPONDENTS.

The opinion of the court was delivered by: Royce C. Lamberth, Chief Judge

ORDER

Before the Court is respondents' Motion [1207] for Leave to Amend the Factual Return for petitioner (filed June 5, 2009). Amended CMO § I.D.1 requires respondents to file a certificate as to the production of exculpatory evidence within 14 days of filing a factual return. Misc. No. 08-442, Doc. [940] (Nov. 6, 2008), as amended by Doc. [1315] (Dec. 16, 2008) (D.D.C.) (Hogan, J.). Common sense dictates that a similar requirement attach to any proposed amendments to a factual return. New exculpatory evidence could easily have come into the government's possession in the course of assembling the Motion to Amend (or in the course of assembling materials for other detainees).*fn1 Respondents did not attach such a certification to their Motion [1207], nor have they filed one with the Court in the weeks since their motion. The Court will not consider granting respondents' motion unless respondents have completed the required search. It is therefore hereby

ORDERED that respondents' Motion [1207] for Leave to Amend the Factual Return for petitioner is DENIED without prejudice as to its refiling alongside a certification either that all reasonably available exculpatory evidence in the government's possession has been disclosed or that the government possesses no reasonably available exculpatory evidence that has yet to be disclosed; and it is further

ORDERED that if respondents intend to refile with certification as described above, they shall do so within 14 days of this Order or such further time as the Court may allow.

SO ORDERED.


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