IN RE: GUANTANAMO BAY DETAINEE LITIGATION

Filing 168

Memorandum in opposition to re (4 in 1:08-mc-00442-TFH, 4 in 1:08-mc-00442-TFH, 161 in 1:04-cv-02022-PLF, 161 in 1:04-cv-02022-PLF) MOTION to Enforce MOTION for Discovery filed by GEORGE W. BUSH, JR, DONALD H. RUMSFELD, JAY HOOD. (Dean, Paul)

IN RE: GUANTANAMO BAY DETAINEE LITIGATION

Doc. 168

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA ____________________________________ ) IN RE: ) ) Misc. No. 08-442 (TFH) GUANTANAMO BAY ) DETAINEE LITIGATION ) Civil Action No. 04-CV-2022 (PLF) ____________________________________)

RESPONDENTS' RESPONSE TO PETITIONER'S MOTION TO VACATE ORDERS STAYING ACTION AND DENYING PETITIONER'S MOTION FOR DISCOVERY, AND FOR AN ORDER REQUIRING RESPONDENTS TO COMPLY WITH PETITIONER'S DISCOVERY REQUESTS Petitioner Saifullah Paracha moves to vacate orders staying the present action and denying petitioner's motion for discovery. Petitioner also moves for an order requiring respondents to comply with petitioner's discovery requests within 14 days (dkt. no. 161). This case has been transferred to the Honorable Thomas F. Hogan of this Court for coordination and management pursuant to the Court's July 1, 2008 Resolution of the Executive Session. Paracha v. Bush, Civil Action No. 04-2022 (PLF) (dkt. no. 159). Respondents do not oppose lifting the stay in this case. Respondents respectfully note that Judge Hogan issued a scheduling order on July 11, 2008 (dkt. no. 165) for proceedings in all Guantanamo Bay habeas cases transferred to him for coordination and management, including this case, and thus petitioner's requests to vacate the denial of his motion for discovery and for an order requiring respondents to comply with petitioner's discovery requests within 14 days (dkt. no. 161) are moot. At a minimum, given that Judge Hogan's July 11 Scheduling Order sets both guidelines and a timetable for petitioner and the government to brief procedural framework issues, including discovery (dkt. no. 165 at 3), respondents respectfully submit that the discovery relief requested by petitioner is not appropriate at this time.

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Dated: July 18, 2008

Respectfully Submitted, GREGORY G. KATSAS Assistant Attorney General JOHN C. O'QUINN Deputy Assistant Attorney General

/s/ Paul A. Dean JOSEPH H. HUNT (D.C. Bar No. 431134) VINCENT M. GARVEY (D.C. Bar No. 127191) JUDRY L. SUBAR TERRY M. HENRY ANDREW I. WARDEN PAUL E. AHERN PAUL A. DEAN 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