IN RE: GUANTANAMO BAY DETAINEE LITIGATION

Filing 1938

Emergency MOTION for Order administratively enjoining Respondents from attempting to transfer Mr. Belbacha to Algeria before the Court decides his emergency motion of March 7, 2010 on the merits, by AHMED BEN BACHA (Attachments: # 1 Exhibit A - DOJ Media Advisory,, # 2 Exhibit B - Email from Andrew Warden, # 3 Exhibit C - Email from David Remes, # 4 Text of Proposed Order granting emergency motion for administrative stay)(rdj) (Dkt. No. 181 in 05-cv-2349, 1938 in 1:08-mc-00442-TFH)

EXHIBIT C
From: To: Cc: Date: Subject Andrew, I apologize for disturbing your weekend. On Friday, DOJ announced that the Attorney General will be going to Algiers and Madrid this week to discuss with his Algerian and Spanish counterparts cooperation on combating terrorism and enhancing law enforcement coordination, and for other purposes. The Attorney General will meet with the Algerian Minister of Justice on Wednesday, April 7. I've pasted the Media Advisory below. We are concerned that the Attorney General's visit to Algiers may presage the transfer of Mr. Belbacha to Algeria. We believe that the visit, at a minimum, puts into question the vitality of the government's representation to Judge Hogan two weeks ago that Mr. Belbacha's transfer to Algeria is not imminent. We therefore plan to file tomorrow, Sunday, April 4, an emergency motion asking Judge Hogan to stay his February 4 order pending his resolution of our motion to reconsider. We also plan to ask the DC Circuit to bar the government from transferring Mr. Belbacha to Algeria. We will take the matter to the Supreme Court, if need be. For meet and confer purposes, please let me know as soon as possible whether the government will oppose our stay motion in the district court and any relief we may seek from the DC Circuit or the Supreme Court to prevent Mr. Belbacha's transfer to Algeria. If you can't answer before I file, I'll explain the circumstances. Thanks, and best regards, David Remes <[e-mail]> "Andrew (CIV) Warden" <[e-mail]> Terry Henry <[e-mail]> Sat, Apr 3, 2010 at 5:54 PM Emergency Belbacha Stay Motion

David