IN RE: GUANTANAMO BAY DETAINEE LITIGATION

Filing 18

REPLY to opposition to motion re (466 in 1:05-cv-02386-RBW) Emergency MOTION for Order to Show Cause and Memorandum in Support, (25 in 1:06-cv-01761-ESH) Emergency MOTION for Order to Show Cause and Memorandum in Support filed by ABDUL-RAHMAN ABDO ABULGHAITH SULAIMAN, ACHRAF SALIM ABDESSALAM. (Attachments: # 1 Exhibit A--Motion of A. Sulaeiman, # 2 Exhibit B--Motion of A. Abdessalam)(Sullivan, Thomas)

IN RE: GUANTANAMO BAY DETAINEE LITIGATION

Doc. 18

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA ____________________________________ ) IN RE: ) ) GUANTANAMO BAY ) DETAINEE LITIGATION ) ) ) ____________________________________)

Misc. No. 08-442 Civ. Action Nos. 05-CV-2386 (RBW) 06-CV-1761 (ESH)

REPLY IN SUPPORT OF PETITIONERS SULAEIMAN AND ABDESSALAM'S MOTIONS FOR ORDER TO SHOW CAUSE Counsel for Petitioners Abdul-Rahman Sulaeiman, ISN #223 and one of the petitioners in Mohammon v. Bush, No. 05-2386, and Achraf Salim Abdessalam, ISN #263 and petitioner in Abdessalam v. Bush, No. 06-1761 (collectively, "Petitioners"), respectfully submit this reply in support of the respective emergency motions for order to show cause that were filed on their behalf on June 24, 2008 ("Motion"), each attached hereto as Exhibits A and B. 1. We support without qualification the arguments and positions the

designated spokespersons for the Guantanamo prisoners expressed at the conference this Court held on July 8, 2008, and particularly their proposal that the Government be ordered to produce the classified records and evidence from the CSRT and ARB proceedings for all cases by July 18, 2008 in the secure facility.

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2.

Each Motion by the Petitioners seeks an order requiring the

Government to "provide in writing within seven days, or on a date certain within a reasonable time after the order is entered, all of their reasons for continuing to hold Petitioner at the Guantánamo Bay Naval Station, and all of the information upon which they base those reasons, including any classified information which shall be deposited in the secure facility." At a minimum, and regardless of the ultimate scope of any factual return the Government may file in these matters, the Motions seek to require the Government to provide the unredacted classified records and evidence from the CSRT and ARB proceedings that were conducted as to the Petitioners. 3. To date, the Government has not provided a factual return related to

either of the Petitioners. In particular, it has not provided any classified evidence or information related to the CSRTs or ARBs, the classified transcripts of the CSRTs or ARBs, or any classified information related to why the Government is continuing to hold the Petitioners. 4. On information and belief, providing the unredacted classified

records, information, and evidence from the Petitioners' CSRT and ARB proceedings requires the Government to merely photocopy existing and assembled records that are in its possession and have been in its possession for approximately four years. To provide these records will not impose a substantial burden of time
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or expense on the Government, and it has failed to provide an explanation why these records could not be provided in short order. 5. Accordingly, counsel for Petitioners requests that the Motions be

granted and that, at a minimum, the Government be ordered to deposit in the secure facility within seven days of the order the unredacted classified records and evidence from the CSRT and ARB proceedings related to the Petitioners so that counsel may continue to prepare Petitioners' cases and so that these cases may move as expeditiously as possible toward the hearings contemplated by the Supreme Court's decision in Boumediene v. Bush.

Dated: July 9, 2008

Respectfully submitted,

____/s/ Thomas P. Sullivan__________ One of the Attorneys for Petitioners Thomas P. Sullivan Douglas A. Sondgeroth JENNER & BLOCK LLP 330 N. Wabash Avenue Chicago, IL 60611 Tel: [phone] Fax: [phone]

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CERTIFICATE OF SERVICE I hereby certify that on July 9, 2008, I caused the foregoing Reply in Support of Petitioners Emergency Motions for Order to Show Cause to be filed and served electronically to the counsel of record in the abovecaptioned matter via the CM/ECF system.

/s/ Thomas P. Sullivan Thomas P. Sullivan One of the Attorneys for Petitioner JENNER & BLOCK LLP 330 N. Wabash Avenue Chicago, IL 60611 Tel.: [phone] Fax.: [phone] Email: [e-mail]