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Dhiab v. Obama

United States District Court, D. Columbia.

November 7, 2014

ABU WA'EL (JIHAD) DHIAB, Petitioner,
v.
BARACK H. OBAMA, et al., Respondents

Page 17

[Copyrighted Material Omitted]

Page 18

For JIHAD DHIAB, Detainee, Guantanamo Bay Naval Station, Petitioner: Cori Crider, LEAD ATTORNEY, REPRIEVE, London, UK; Ahmed Ghappour, REPRIEVE, London, UK UK; Jon B. Eisenberg, Oakland, CA; Shayana Devendra Kadidal, CENTER FOR CONSITITUTIONAL RIGHTS, New York, NY; Tara L. Murray, REPRIEVE, London United Kingdom.

For SHAKER AAMER, as Next Friend of Jihad Dhaib, Petitioner: Shayana Devendra Kadidal, CENTER FOR CONSITITUTIONAL RIGHTS, New York, NY.

For GEORGE WALKER BUSH, President of the United States, DONALD RUMSFELD, Secretary, United States Department of Defense, JAY HOOD, Army Brigadier General, Commander, Joint Task Force-GTMO, BRICE GYURISKO, Army Colonel, Commander, Joint Detention, Operations Group, JTF-GTMO, Respondents: Scott Michael Marconda, LEAD ATTORNEY, Alexander Kenneth Haas, August Edward Flentje, David Hugh White, James J. Schwartz, Julia A. Berman, Kathryn Celia Davis, U.S. DEPARTMENT OF JUSTICE, Washington, DC; Terry Marcus Henry, LEAD ATTORNEY, U.S. DEPARTMENT OF JUSTICE, CIVIL DIVISION, Washington, DC; Andrew I. Warden, Patrick D. Davis, Robert J. Prince, U.S. DEPARTMENT OF JUSTICE, CIVIL DIVISION, Federal Programs Branch, Washington, DC.

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

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MEMORANDUM OPINION

Gladys Kessler, United States District Judge.

On April 18, 2014, Petitioner Abu Wa'el (Jihad) Dhiab (" Dhiab" or " Petitioner" ) filed an Application for Preliminary Injunction and an Immediate Order for Disclosure of Protocols Forthwith.[1] [Dkt. No. 203.] On May 7, 2014, the Government (" the Government" or " Respondents" ) filed its Opposition [Dkt. No. 214], and on May 12, 2014, Petitioner filed his Reply [Dkt. No. 215].

Thereafter, parties engaged in discovery and on June 20, 2014, Petitioner filed a Motion for Further Discovery in Aid of Application for Preliminary Injunction [Dkt. No. 265]. Following a hearing on August 12, 2014, the Court granted in part and denied in part Petitioner's Motion and ordered the Parties to complete all discovery [Dkt. No. 304].

On October 6, 7, and 8, 2014, the Court held a Hearing on Petitioner's Application for Preliminary Injunction (" the Hearing" ). On October 17, 2014, the Parties filed Post-Hearing Briefs summarizing their positions in light of the evidence presented at the hearing [Dkt. Nos. 361, 362].

Upon consideration of the Application, the Opposition, the Response, Post-Hearing Briefs, testimony delivered by expert witnesses, representations made by the parties at the October Hearing including classified materials heard and viewed in camera, and the entire record herein, and for the reasons stated below, Petitioner's Application for Preliminary Injunction [Dkt. No. 203] must be denied.

I. BACKGROUND

On July 22, 2005, Petitioner filed a Petition for Habeas Corpus [Dkt. No. 1]. In 2009, Petitioner was cleared for release by President Obama's Guantanamo Review Task Force [Dkt. Nos. 152, 172]. After five years, and as of this writing, he still remains held at the United States Naval Station at Guantanamo Bay, Cuba.

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To protest his continued confinement, Mr. Dhiab, along with other detainees, has intermittently engaged in a hunger strike since March or April of 2013. On June 30, 2013, Petitioner filed an Application for a Preliminary Injunction (" 2013 Application" ) [Dkt. No. 175]. In the 2013 Application, Petitioner sought to enjoin the Government from " subjecting petitioners to force-feeding of any kind, including forcible nasogastric tube feeding, and from ...


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