IN RE: GUANTANAMO BAY DETAINEE LITIGATION

Filing 1130

Memorandum in opposition to re (703 in 1:05-cv-02386-RBW, 703 in 1:05-cv-02386-RBW, 703 in 1:05-cv-02386-RBW, 1004 in 1:08-mc-00442-TFH, 1004 in 1:08-mc-00442-TFH, 1004 in 1:08-mc-00442-TFH) MOTION for Reconsideration MOTION for Certification for interlocatory appeal MOTION to Stay filed by ALKHADR ABDULLAH AL YAFIE, TOFIQ NASSER AWAD AL BIHANI. (Attachments: # 1 Exhibit 1)(Clarke, George)

Clarke, George
From: Sent: To: Cc: Subject: Gentlemen, I appreciate the predicament you are in; trying to meet and confer with a whole load of habeas counsel with different opinions on many things. However, it is practically impossible for me to oppose or agree to a motion of this type without, at a minimum, some idea of what you are proposing as an alternative. The legal basis for your position would be a bonus, but given the situation you are dealing with, I will live with knowing at least what you will be proposing to the court (send me your draft proposed order if you cannot do anything else). Please advise. George ________________________ George Clarke Miller & Chevalier 655 15th Street, NW Suite 900 Washington, DC 20005-5701 (W) 202-626-1573 (M) 703-598-5121 This electronic message contains information which may be legally confidential and/or privileged. The information is intended solely for the individual or entity named above and access by anyone else is unauthorized. If you are not the intended recipient, any disclosure, copying, distribution, or use of the contents of this information is prohibited and may be unlawful. If you have received this electronic transmission in error, please reply immediately to the sender that you have received the message in error, and delete it. Thank you. *** 31 CFR Part 10, Section 10.35, requires us to notify you that any tax advice in this electronic message was not intended or written to be used, and cannot be used, for the purpose of avoiding penalties. ----- Original Message ----From: Johnson, Timothy (CIV) <[e-mail]> To: Johnson, Timothy (CIV) <[e-mail]> Cc: Henry, Terry (CIV) <[e-mail]> Sent: Fri Nov 14 13:25:53 2008 Subject: Meet & Confer wrt 08-0442 Motion for Clarification and Reconsideration Counsel: In each of your cases in which the parties have not agreed to a stay, the government intends to file a motion for clarification and reconsideration of the Court's November 6, 2008 case management order (and supplemental amended orders, where applicable), or in the alternative, a motion for certification for appeal and to stay certain obligations pending appeal. The basis for this motion is that the November 6, 2008 procedural order is legally inappropriate and unworkable. Please advise if you oppose the motion by noon, ET, on Monday, November 17, 2008. When you respond, please indicate the case number and petitioner to which your response applies. Thank you. Clarke, George Friday, November 14, 2008 1:43 PM '[e-mail]' '[e-mail]' Re: Meet & Confer wrt 08-0442 Motion for Clarification and Reconsideration

Timothy A. Johnson Trial Attorney
1

U.S. Department of Justice Civil Division, Federal Programs Branch 20 Massachusetts Ave, NW, Rm 7328 Washington, DC 20530

2