IN RE: GUANTANAMO BAY DETAINEE LITIGATION

Filing 1438

NOTICE Of Filing of Respondents' Statement Of Facts On Which They Intend To Rely In Making Their Case-In-Chief For The Continued Lawful Detention Of Hayal Aziz Ahmed Al-Mithali (ISN 840) by GEORGE W. BUSH, DONALD RUMSFELD, JAY HOOD, MICHAEL BUMGARNER (Avila, David)

IN RE: GUANTANAMO BAY DETAINEE LITIGATION

Doc. 1438

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA ) ) ) ) ) ) ) ) ) ) Misc. No. 08-442 (TFH) Civil Action No. 05-CV-2186 (ESH)

IN RE: GUANTANAMO BAY DETAINEE LITIGATION

NOTICE OF FILING OF RESPONDENTS' STATEMENT OF FACTS ON WHICH THEY INTEND TO RELY IN MAKING THEIR CASE-IN-CHIEF FOR THE CONTINUED LAWFUL DETENTION OF HAYAL AZIZ AHMED ALMITHALI (ISN 840) Pursuant to the December 2, 2008 Order of the Court, as amended by the December 19, 2008 Order, Respondents have submitted to the Court Security Officer for filing Respondents' Statement Of Facts On Which They Intend To Rely In Making Their Case-in-Chief For The Continued Lawful Detention Of Hayal Aziz Ahmed Al-Mithali (ISN 840) ("Statement of Facts"). The Statement of Facts contains information that is classified. Accordingly, it has been filed with the Court Security Officer pursuant to the relevant protective order entered in this case.

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Dated: December 31, 2008

Respectfully submitted, GREGORY G. KATSAS Assistant Attorney General JOHN C. O'QUINN Deputy Assistant Attorney General /s/David P. Avila JOSEPH H. HUNT (D.C. Bar No. 431134) VINCENT M. GARVEY (D.C. Bar No. 127191) TERRY M. HENRY ANDREW I. WARDEN PAUL E. AHERN DAVID P. AVILA 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

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CERTIFICATE OF SERVICE I hereby certify that on December 31, 2008, I caused the Respondents' Statement Of Facts On Which They Intend To Rely In Making Their Case-in-Chief For The Continued Lawful Detention Of Hayal Aziz Ahmed Al-Mithali, to be served on counsel for Petitioner Hayal Aziz Ahmed Al-Mithali by filing with the Court Security Officer pursuant to the relevant protective order entered in this case /s/David P. Avila DAVID P. AVILA Attorney United States Department of Justice Civil Division, Federal Programs Branch 20 Massachusetts Avenue, N.W. Washington, DC 20530 Tel: [phone] Fax: [phone]

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