Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Khan v. Obama

October 21, 2009

SHAWALI KHAN, PETITIONER,
v.
BARACK OBAMA, ET AL., RESPONDENTS.



The opinion of the court was delivered by: John D. Bates United States District Judge

ORDER

The Court has before it [146] the parties' Joint Status Report and Proposed Scheduling Order. The Court expresses its appreciation to the parties for producing such a helpful document. The Court also commends petitioner's counsel for his zealous efforts to ensure that his client receives the "prompt habeas corpus hearing" to which he is entitled. Boumediene v. Bush, 128 S.Ct. 2229, 2275 (2008).

Upon consideration of the parties' Status Report, the status conference held on October 15, 2009, and the entire record herein, it is hereby ORDERED as follows:

1. Respondents shall have additional time to search for further evidence and may amend their factual return by not later than December 15, 2009.

2. When respondents examine a particular database, file, or similar location while conducting the search for additional evidence identified in Paragraph 1, respondents shall also perform a simultaneous search for the following items of exculpatory evidence:

a. Evidence relating to cash bounties, cash payments or rewards paid to informant(s) against petitioner or to any person(s) involved in petitioner's capture;

b. Evidence that unidentified informant(s) engaged in criminal activity, abuse of drugs, or have given false or unreliable information in this case or in any other case;

c. Evidence relating to petitioner's capture in November 2002 or his delivery to the Americans which is inconsistent with respondents' current position regarding petitioner's capture;

d. Evidence relating to the search of petitioner's home and/or his store which contradicts respondents' claim that suspicious documents were seized from those locations; and

e. Any other materials which are inconsistent with the allegations against petitioner as they are set out in the factual return.

The results of this search shall be disclosed to petitioner's counsel by not later than December 15, 2009.

3. Respondents shall conduct a search of Guantanamo Review Task Force documents that have been sorted into folders associated with petitioner to identify exculpatory evidence, including but not limited to the items described in paragraph 2 above. The results of this search shall be disclosed to petitioner's counsel by not later than December 15, 2009.

4. Respondents shall disclose to petitioner's counsel by not later than December 15, 2009 any additional materials which have not already been disclosed which relate to Section I.E(2) of [81] the Case Management Order requiring the government to disclose "all statements, in whatever form, made or adopted by the petitioner that the government relies on to justify ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.