IN RE: GUANTANAMO BAY DETAINEE LITIGATION

Filing 1419

REPLY re (173 in 1:05-cv-00023-RWR, 1381 in 1:08-mc-00442-TFH) MOTION to Compel filed by HANI SALEH RASHID ABDULLAH. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Carpenter, Charles)

IN RE: GUANTANAMO BAY DETAINEE LITIGATION

Doc. 141

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA IN RE: ) ) GUANTANAMO BAY ) Misc. No. 08-442 (TFH) DETAINEE LITIGATION ) ) HANI SALEH RASHID ABDULLAH, et al., ) ) Petitioners , ) ) v. ) No. 05-0023 (RWR) ) GEORGE W. BUSH, et al., ) ) Respondents . ) ______________________________________) REPLY IN SUPPORT OF MOTION TO COMPEL The government's belief that Judge Hogan's order of December 16, 2008 exclusively "established what information is discoverable and how discovery should proceed" would eradicate Judge Hogan's earlier caveat of November 21, 2008 as well as this Court's order of November 19, 2008. (Mem. In Opp. at 2). There is no warrant for doing so. Rather this view is another ipse dixit of self-help by respondents in line with their earlier contumacies and assumption that the filing of a motion per se extends compliance deadlines. It is relevant in this context to note the investigation this Court has ordered into the possible spoliation of evidence in violation of its July 2005 Preservation Order.

Dockets.Justia.com

For the Court's reference and to clarify exactly what was communicated to the DOJ and when it was communicated we attach as exhibits 1 and 2, email correspondence to the Department. While it appears that some communications may have been misunderstood, the fact remains that the government's position is unjustified and writes the admonitions of this Court and Judge Hogan that it proceed apace with preparing for document production pending resolution of the motion to reconsider out of existence. Nonetheless, Abdullah would be satisfied with full compliance with section I.E.1 of the case management order by January 5, 2008.

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Respectfully submitted, Shayana Kadidal (DC # 454248) CENTER FOR CONSTITUTIONAL RIGHTS 666 Broadway, 7th Floor New York, New York 10012 Tel: [phone] Fax: [phone] Of Counsel for Petitioners Stephen M. Truitt (DC # 13235 ) 600 Fourteenth Street, N.W. Suite 500, Hamilton Square Washington, DC 20005-2004 Tel: [phone] Fax: [phone] Counsel for Petitioners Dated: December 30, 2008 /s/ Charles H. Carpenter Charles H. Carpenter (DC #432004) William J. Bethune (DC # 66696) PEPPER HAMILTON LLP 600 Fourteenth Street, N.W. Suite 500, Hamilton Square Washington, DC 20005-2004 Tel: [phone] Fax: [phone]

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