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Al-Khateeb v. Obama

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA


July 6, 2009

MOHAMMED AHMED SLAM, AL-KHATEEB (ISN 689), 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 for Leave to Amend and Supplement the Factual Return for petitioner (filed June 5, 2009) and respondents' Unopposed (Second) Motion for Leave to Supplement Factual Return (filed June 25, 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 their pending motions to amend and supplement (or in the course of assembling materials for other detainees).*fn1

Respondents did not attach such a certification to either of their motions, nor have they filed such certifications with the Court since their motions. The Court will not consider granting respondents' motions unless respondents have completed the required searches. It is therefore hereby

ORDERED that respondents' Motion for Leave to Amend and Supplement 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 respondents' Unopposed (Second) Motion for Leave to Supplement Factual Return 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.

SO ORDERED.


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