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Barre v. Obama

United States District Court, District of Columbia

March 8, 2013

MOHAMMED SULAYMON BARRE (ISN 567), Petitioner
v.
BARACK OBAMA, et al., Respondents

Filed March 22, 2013

Page 6

For MOHAMMED SULAYMON BARRE, Petitioner: Emilou MacLean, LEAD ATTORNEY, Shayana Devendra Kadidal, CENTER FOR CONSITITUTIONAL RIGHTS, New York, NY; J. Wells Dixon, LEAD ATTORNEY, Pardiss Kebriaei, PRO HAC VICE, Susan S. Hu, CENTER FOR CONSTITUTIONAL RIGHTS, New York, NY; Richard Waters Roberts, Jr., Washington, DC.

For ROBERT M. GATES, Secretary, United States Department of Defense, BRUCE VARGO, Commander, Joint Detention Operations Group, Joint Task Force, DAVID M. THOMAS, JR., Rear Admiral, Commander, Joint Task Force, Respondents: Daniel Mark Barish, LEAD ATTORNEY, Patrick D. Davis, Robert J. Prince, U.S. DEPARTMENT OF JUSTICE, Civil Division, Federal Programs Branch, Washington, DC; Jonathan S. Needle, LEAD ATTORNEY, Julia A. Berman, Kathryn Celia Davis, U.S. DEPARTMENT OF JUSTICE, Federal Programs Branch, Washington, DC; Scott Michael Marconda, LEAD ATTORNEY, Alexander Kenneth Haas, David Hugh White, U.S. DEPARTMENT OF JUSTICE, Washington, DC; Terry Marcus Henry, U.S. DEPARTMENT OF JUSTICE, CIVIL DIVISION, Washington, DC.

For BARACK HUSSEIN OBAMA, II, President of the United States, Respondent: Olivia Hussey Scott, LEAD ATTORNEY, U.S. DEPARTMENT OF JUSTICE, Washington, DC; Kathryn Celia Davis, U.S. DEPARTMENT OF JUSTICE, Federal Programs Branch, Washington, DC.

For ASSOCIATED PRESS, USA TODAY, NEW YORK TIMES COMPANY, Movants: Jeanette Melendez Bead, LEAD ATTORNEY, LEVINE SULLIVAN KOCH & SCHULZ, LLP, Washington, DC.

Page 7

MEMORANDUM & ORDER

Royce C. Lamberth, Chief UNITED STATES DISTRICT Judge.

Now before the Court is respondents' Motion [186] to Deem Protected Information Highlighted in the government's proposed public factual return for ISN 567 and petitioner's Cross-Motion [188] to Compel. Upon consideration of the respondents' Motion [186], the petitioner's Opposition and Cross-Motion [188], the respondents' Reply [194] in support of their Motion to Deem Protected Information Highlighted and Opposition to the petitioner's Cross-Motion, and petitioners' Reply [194] in support of their Cross-Motion, the Court will grant in part and deny in part respondents' Motion [186], and will grant in part and deny in part petitioner's Cross-Motion [188].

I. BACKGROUND

Respondents submitted a Motion to Deem Protected Information Highlighted in the government's proposed public factual return for ISN 567 pursuant to paragraph 34 of the Protective Order and Procedures for Counsel Access to Detainees at the United States Naval Base in Guantanamo Bay, Cuba (Sept. 11, 2008) (08-mc-332, ECF. No 409) (" Protective Order" ), and Judge Hogan's June 1, 2009, January 14, 2010, and May 12, 2011, Orders in In re Guantanamo Bay Detainee Litig. (08-mc-442, ECF. Nos. 1781, 1896, 1980). See ECF No. 186. Petitioner, whose case was dismissed in 2010 and who has been released from detention, opposes the motion and has moved to compel compliance with the Protective Order regarding three of his filings. See Pet'r's Notice of Filing of Opp'n and Cross-Motion, ECF No. 188.

Specifically, petitioner objects to deeming protected any language that was not redacted in the public factual return filed with the Court on July 29, 2009, as that factual return remains publically available. Petitioner also objects to redactions of certain documents in the proposed public factual return that exceed the redactions contained in the same documents that were reviewed by the petitioner in preparation for litigation. Petitioner also cross-moves for an order requiring the government to " comply" with the Protective Order by publicly disclosing, within thirty days, or alternatively, with the public filing of the reprocessed factual return, public versions of three of his classified filings, namely, his Traverse, Motion to Admit Hearsay Evidence, and Response to the Government's Motion to Admit Hearsay Evidence, which total nearly 500 pages. Petitioner believes that it " would be highly misleading for the public to have available to it only the government's selective version" of the facts

Page 8

surrounding petitioner's capture and detention ...


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