IN RE: GUANTANAMO BAY DETAINEE LITIGATION

Filing 1178

MOTION for Leave to File to File Substitute Factual Return by GEORGE W. BUSH (Attachments: # 1 Text of Proposed Order Granting Respondent's Motion for Leave to File Substitute Factual Return)(Servatius, Kathleen)

IN RE: GUANTANAMO BAY DETAINEE LITIGATION

Doc. 1178

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA ) ) ) ) ) ) ) ) Misc. No. 08-442 (TFH) Civil Action Nos. 08-CV-1805 (RMU)

IN RE: GUANTANAMO BAY DETAINEE LITIGATION

MOTION FOR LEAVE TO FILE SUBSTITUTE FACTUAL RETURN On November 26, 2008, Respondent submitted the classified return in this case for filing. On December 2, 2008, Respondent discovered that an exhibit was inadvertently included in the return which contains information classified at a level higher than its classification marking. Respondent has submitted a substitute return to the Court Security Officer and now seeks leave to withdraw the earlier-filed return and to substitute the later return in its place. Counsel for the Respondent has conferred with petitioner's counsel and was advised that petitioner's counsel does not oppose the motion, provided that the substitution occurs prior to December 5, 2008. For these reasons, Respondent respectfully requests that the Court grant leave to withdraw the factual return submitted for filing on November 26, 2008, and permit Respondent to file the substituted factual return submitted to the Court Security Officer in its place. Dated: December 3, 2008 Respectfully submitted, GREGORY G. KATSAS Assistant Attorney General JOHN C. O'QUINN Deputy Assistant Attorney General

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/s/ Kathleen A. Servatius JOSEPH H. HUNT (D.C. Bar No. 431134) VINCENT M. GARVEY (D.C. Bar No. 127191) TERRY M. HENRY PAUL AHERN KATHLEEN A. SERVATIUS Attorneys United States Department of Justice Civil Division, Federal Programs Branch 20 Massachusetts Avenue, N.W. Washington, DC 20530 Tel: [phone] Fax: [phone] Attorneys for Respondents