IN RE: GUANTANAMO BAY DETAINEE LITIGATION

Filing 1521

ORDER granting (100) Motion for Authorization to Review Petitioner's Statements with Petitioner in case 1:05-cv-01244-CKK. Signed by Judge Thomas F. Hogan on 1/15/09. (lctfh1)

IN RE: GUANTANAMO BAY DETAINEE LITIGATION

Doc. 1521

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

IN RE: GUANTANAMO BAY DETAINEE LITIGATION

Misc. No. 08-mc-0442 (TFH) Civil Action No. 05-cv-1244 (CKK)

ORDER Pending before the Court is Petitioner Tariq Alsawam's (ISN 535) Motion for Author ization to Review Petitioner's Statements with Petitioner and Request for Expedited Consider ation (docket # 100, 05-cv-1244). Respondents oppose the Motion. Central to the disagr eement between Petitioner and Respondents is the proper interpretation of the Court's September 11, 2008 Protective Order and Procedures for Counsel Access to Detainees at the United States Naval Base in Guantanamo Bay, Cuba (docket # 57, 05-cv-1244; docket # 409, 08-mc-442) ("Protective Order"). The Court interprets the Protective Order to permit counsel for a petitioner to review with the petitioner statements in the exhibits to the Classified Factual Retur n for that petitioner that the Privilege Review Team determines were made by that petitioner to agents of the United States government. Counsel for a petitioner may not share with the petitioner information contained in the exhibits to the Classified Factual Return beyond the text of petitioner's statements, petitioner's name, and the dates the statements were made. Any document created by petitioner's counsel in accordance with these restrictions shall be marked, transported, handled, and maintained as classified material pursuant to the pr ovisions of the Protective Order. Upon consideration of the Motion, and consistent with the Court's Bench Order on

Dockets.Justia.com

January 14, 2009, the Court ORDERS that the Motion is GRANTED; and further ORDERS that Petitioner's counsel may review Ex Parte Exhibit 1 with Petitioner, pr ovided that the Privilege Review Team determines that Ex Parte Exhibit 1 contains only statements made by Petitioner to agents of the United States government, and contains no infor mation other than Petitioner's statements, Petitioner's name, and the date the statements wer e made; and further ORDERS that Ex Parte Exhibit 1 and information contained therein shall be marked, tr ansported, handled, and maintained as classified material pursuant to the provisions of the Pr otective Order. SO ORDERED.

January 15, 2008

/s/ Thomas F. Hogan United States District Judge

2