DHIAB et al v. BUSH et al
Filing
349
MEMORANDUM AND OPINION granting Press Intervenors' Motion [#263]to Intervene and Unseal Signed by Judge Gladys Kessler on 10-03-2014. (lcgk3, )
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
ABU WA' EL (JIHAD) DHIAB,
Petitioner,
v.
Civil Action-No. 05-1457 (GK)
BARACK H. OBAMA, et al.
Respondents.
MEMORANDUM OPINION
Pursuant
Rule
of
Inc.,
to
Civil
Federal
Rule
Procedure
Associated Press,
of Civil
Procedure
Hearst
Corporation,
7 (j),
Bloomberg L. P.,
The Contently Foundation,
2 4 and Local
Inc.,
ABC,
CBS Broadcasting,
Dow Jones & Company,
Inc.,
Inc.,
First Look
Media,
Inc., Guardian US, The McClatchy Company, National Public
Radio,
Inc.,
Tribune
Post
to
The New York Times
Publishing Company,
LLC,
Company,
Reuters America LLC,
USA TODAY,
and The Washington
("Press Applicants" or "Intervenors") seek to intervene and
unseal
twenty-eight
videotapes
that
have
been entered
into
the record of the above captioned matter.
Before
Videotape
filing
the
Motion
Intervenors
Evidence,
Petitioner Abu Wa'el
with
their
(Jihad)
Government
("the
Dhiab
to
Intervene
conferred
and
with
to
Unseal
counsel
for
("Petitioner" or "Dhiab") and
Government''
or
"Respondents") .
Petitioner
consents
to
the
intervention
and
does
not
oppose
unsealing the videotapes. Intervenors' Mot. at 1 [Dkt. No. 263].
The Government
Intervene,
does
not object to
Press Applicants'
Motion to
but the Government opposes unsealing the videotapes.
Intervenors' Mot. at 1; Resp'ts' Opp'n at 2.
Upon consideration of Intervenors'
Motion to Intervene and
to Unseal Videotape Evidence,
Respondents'
Applicants'
Videotape
Motion
to
Unseal
Reply,
and the entire record herein,
below,
Intervenors'
Intervenors'
Motion to
Motion
to
Evidence,
Press
Intervenors'
and for the reasons stated
Intervene
Unseal
Opposition to
is
is
hereby granted and
hereby
with
granted,
modifications.
I.
BACKGROUND
A.
Factual Background
Wa' el
the
(Jihad)
United
Dhiab,
States
a citizen of Syria,
Government
in
a
detention
has been held by
facility
at
the
United States Naval Base in Guantanamo Bay, Cuba since as early
as
2002.
1
[Dkt.
No.
Force cleared Mr.
at
Guantanamo
Bay.
imprisoned there.
1].
In 2009,
the Guantanamo Review Task
Dhiab for release from his ongoing detention
[Dkt.
No.
In protest
175].
of his
To
this
day,
indefinite
Dhiab has been on a long-term hunger strike.
he
remains
detention,
Mr.
[Dkt. No. 175].
Petitioner alleges that the "precise date" of his transfer
to Guantanamo Bay is "unknown to [his] counsel, but known to
Respondents." [Dkt. No. 1 at ~ 23].
-2-
On
April
9,
counsel that,
2013,
the
Government
notified
Mr.
Dhiab's
in response to his on-going hunger strike,
begun to feed Mr.
No.
17 5] .
Mr.
the
Government
it had
Dhiab nasogastrically against his will.
Dhiab
continues
deems
it
to
undergo
necessary.
Alka
enteral
Pradhan
[Dkt.
feeding
Decl.
when
at
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