IN RE: GUANTANAMO BAY DETAINEE LITIGATION

Filing 1562

Joint MOTION to Continue by MOHAMMED KAMEEN, SAKI BACHA (Attachments: # 1 Exhibit A - Executive Order, # 2 Text of Proposed Order)(Spitzer, Arthur)

IN RE: GUANTANAMO BAY DETAINEE LITIGATION

Doc. 1562

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA ________________________________________________ IN RE: GUANTÁNAMO BAY DETAINEE LITIGATION ________________________________________________ AL HALMANDY, et al., Petitioners, v. GEORGE W. BUSH, et al., Respondents. ________________________________________________ PETITIONERS' AND RESPONDENTS' JOINT MOTION FOR A CONTINUANCE OF RESPONDENTS' MOTION TO DISMISS HABEAS PETITIONS WITHOUT PREJUDICE OR, ALTERNATIVELY, TO HOLD PETITION IN ABEYANCE PENDING COMPLETION OF MILITARY COMMISSION PROCEEDINGS On January 16, 2009, Respondents filed a Motion To Dismiss Habeas Petition Without Prejudice Or, Alternatively, To Hold Petition In Abeyance Pending Completion Of Military Commission Proceedings (the "Motion") against two of the petitioners in the above-captioned case, Mohammed Jawad (a/k/a "Saki Bacha") and Mohammed Kameen. The basis for the Motion was that active military commission proceedings were ongoing against Petitioners. Petitioners' opposition to the Motion is due January 30, 2009. On January 22, 2009, President Obama signed an Executive Order ordering the Review and Disposition of Individuals Detained at the Guantánamo Bay Naval Base and Closure of Detention Facilities (the "Executive Order"). Ex. A. Section 2(c) of the Executive Order recognized that the "individuals currently detained at Guantánamo have the constitutional No. 05-cv-2385 (RMU) Misc. No. 08-442 (TFH)

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privilege of the writ of habeas corpus. Most of those individuals have filed petitions for a writ of habeas corpus in Federal court challenging the lawfulness of their detention." Id. Section 7 of the Executive Order then ordered that the Secretary of Defense shall immediately take steps sufficient to ensure that during the pendency of the Review . . . , all proceedings of such military commissions to which charges have been referred but in which no judgment has been rendered, and all proceedings pending in the United States Court of Military Commission Review, are halted. Id. On January 26, 2009, Petitioners, through their respective Counsel, asked Respondents to consider withdrawing the Motion in light of the Executive Order. On January 27, 2009, Respondents informed Petitioners' Counsel that Respondents are in the process of considering how they will proceed in this and similar cases, and are not in a position to withdraw the Motion at this time. That same day, Petitioners' Counsel and Respondents agreed to a two-week continuance of Petitioners' time to oppose the Motion, without prejudice to any further request for scheduling relief, while Respondents' assessment continues.

Accordingly, Petitioners and Respondents respectfully request that the Court grant a twoweek continuance of Petitioners' time to oppose the Motion in the above-captioned case until February 13, 2009.

Dated: January 29, 2009 Respectfully submitted, _/s/ Hina Shamsi___________________ Hina Shamsi (admitted pro hac vice) Jonathan L. Hafetz (admitted pro hac vice) American Civil Liberties Union Foundation 125 Broad Street, 18th Floor New York, NY 10004 Phone: [phone] Fax: [phone] [e-mail] Major David J.R. Frakt (admitted pro hac vice) Office of Military Commissions Office of the Chief Defense Counsel Franklin Court Building, Suite 2000D 1099 14th Street, N.W., Suite 119 Washington, D.C. 20005 Phone: [phone], ext. 106 Fax: [phone] [e-mail] _/s/ Arthur B. Spitzer_______________ Arthur B. Spitzer (D.C. Bar No. 235960) American Civil Liberties Union of the National Capital Area 1400 20th Street, N.W., Suite 119 Washington, D.C. 20036 Phone: [phone] Fax: [phone] [e-mail] Counsel for Petitioner Mohammed Jawad

_/s/ Shayana Kadidal _______________ Shayana Kadidal (D.C. Bar No. 454248) CENTER FOR CONSTITUTIONAL RIGHTS 666 Broadway, 7th Floor New York, NY 10012-2317 Phone: [phone] Fax: [phone] [e-mail] Counsel for Petitioner Mohammed Jawad MICHAEL F. HERTZ Acting Assistant Attorney General _/s/ Kristina A. Wolfe _______________ JOSEPH H. HUNT (D.C. Bar No. 431134) VINCENT M. GARVEY (D.C. Bar No. 127191) TERRY M. HENRY KRISTINA A. WOLFE Attorneys United States Department of Justice Civil Division, Federal Programs Bench 20 Massachusetts Avenue, N.W. Washington, D.C. 20530 Tel: [phone] Fax: [phone] Counsel for Respondents

CERTIFICATE OF SERVICE I hereby certify that I today caused a true and accurate copy of the foregoing to be served electronically via the Court's Electronic Case Filing system. Dated: January 29, 2009 /s/_Arthur B. Spitzer__ Arthur B. Spitzer