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Al-Mithali v. Obama

January 14, 2010

HAYAL AZIZ AHMED AL-MITHALI, PETITIONER,
v.
BARACK H. OBAMA ET AL., DEFENDANTS.



The opinion of the court was delivered by: Ellen Segal Huvelle United States District Judge

ORDER

Based on the hearing held on January 13, 2010, and for the reasons stated in court, it is hereby ORDERED that petitioner's motion to lift the stay is GRANTED; and it is

FURTHER ORDERED that the Case Management Order ("CMO") issued in In re Guantanamo Bay Detainee Litig., Misc. No. 08-442, Dkt. No. 940 (Nov. 6, 2008) (TFH), amended by, Misc. No. 08-442, Dkt. No. 1315 (Dec. 16, 2008) (TFH), is amended for the case before the Court involving petitioner Al-Mithali (ISN 840). In addition to those procedures set forth in the CMO, and, where inconsistent with the provisions of the CMO, in replacement thereof, the following procedures shall govern the case of the above-named petitioner:

1. Statement of Material Facts

On or before March 13, 2010, the government shall file a second amended numbered statement of material facts upon which it intends to rely in making its case-in-chief. The statement of material facts shall provide a short statement of each material fact upon which the government intends to rely in making its case-in-chief, and it shall identify all evidence the government expects to elicit in support of those facts and how it intends to present the evidence, including the names of any witnesses the government intends to call. The government shall not be precluded from relying on evidence not contained in its statement of material facts to rebut petitioner's arguments on the merits.

2. Automatic Discovery

The government shall produce the following automatic discovery to the extent that it constitutes "reasonably available evidence." "Reasonably available evidence" includes any evidence discovered by the government attorneys while preparing the petitioner's factual return*fn1 and while litigating habeas corpus petitions filed by other detainees at Guantanamo Bay, as well as any evidence discovered during the ongoing review of Guantanamo cases ordered by President Obama on January 22, 2009. See Executive Order 13,492, § 2(d) (ordering the "prompt and thorough review of the factual and legal bases for the continued detention of all individuals currently held at Guantanamo, and of whether their continued detention is in the national security and foreign policy interests of the United States and in the interests of justice"); see also id. § 4.

If the government intends to rely on any statements of petitioner and the three identified detainees in its statement of material facts, it shall produce, to the Court and to petitioner's counsel, on or before April 13, 2010, the statements, in whatever form, including any:

a. audio recordings of statements;

b. video recordings of statements;

c. transcripts of statements;

d. contemporaneous notes taken during statements; or

e. records or reports of statements prepared by persons other than the persons who prepared the summaries of the statements already produced.

In addition, the government shall produce: (1) the identity of the speaker; (2) the content of the statement; (3) the person(s) to whom the statement was made; (4) the date and time the statement was made or adopted; and (5) the circumstances under which such statement was made or adopted (including the location where the statement was made). If the government cannot identify the original source or any later ...


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