IN RE: GUANTANAMO BAY DETAINEE LITIGATION

Filing 3

Consent MOTION for Extension of Time to File Response/Reply as to (31 in 1:05-cv-01347-GK) MOTION for Order Requiring 30 Days Adsance Notice of Removal From Guantanamo Bay by GEORGE W. BUSH, DONALD RUMSFELD, JAY HOOD, MIKE BUMGARNER (Attachments: # 1 Text of Proposed Order)(Henry, Terry)

IN RE: GUANTANAMO BAY DETAINEE LITIGATION

Doc. 3

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA ) IN RE: ) ) Guantanamo Bay ) Detainee Litigation ) ) ____________________________________)

Misc. No. 08-0442 (TFH) Civil Action No. 05-1347 (GK)

CONSENT MOTION FOR EXTENSION OF TIME TO RESPOND TO PETITIONERS' MOTION FOR ADVANCE NOTICE OF ANY TRANSFER OF PETITIONER FROM GUANTANAMO BAY Respondents hereby request an extension of time to respond to petitioners' motion for advance notice of any transfer of petitioner from Guantanamo Bay and state as follows: 1. This case is a petition for writ of habeas corpus on behalf of an individual held by

the Department of Defense ("DoD") as an enemy combatant at the United States Naval Base, Guantanamo Bay, Cuba. 2. On June 25, 2008, petitioner filed a motion seeking advance notice of any transfer

of petitioner from Guantanamo Bay. See Dkt. No. 31. Respondents' response to petitioner's motion is currently due on July 7, 2008. 3. Petitioner's motion raises serious issues, including issues related to separation of

powers and the Court's jurisdiction to grant the relief requested by petitioners ­ issues informed by or addressed in a recent decision of the Supreme Court. See Munaf v. Geren, ___ U.S. ___, 128 S. Ct. 2207 (Jun. 12, 2008). At least two other motions brought by or on behalf of Guantanamo Bay detainees are also pending in other cases before this Court. Respondents need additional time to adequately respond to the matters raised in these motions, including the motion in this case.

Dockets.Justia.com

4.

Counsel for respondents request that respondents be permitted a modest extension

of two days, until July 9, 2008, to file their response to petitioner's motion. 5. To facilitate this requested extension of time, respondents agree that for the period

from July 3, 2008, through the time of filing of respondents' response, respondents will provide counsel for petitioner 30-days' advance notice of any transfer of petitioner from Guantanamo Bay, should such a transfer be scheduled. 6. Counsel for respondents has conferred with counsel for petitioner. In light of

respondents' representation reflected in ¶ 5 above, counsel for petitioner does not oppose the requested extension for filing a response to petitioner's motion. WHEREFORE, the Court should grant respondents an extension of time until July 9, 2008, in which to respond to petitioner's motion for advance notice of transfer. A proposed order is attached. Dated: July 3, 2008 Respectfully submitted, GREGORY KATSAS Assistant Attorney General DOUGLAS N. LETTER Terrorism Litigation Counsel

-2-

/s/ Terry M. Henry JOSEPH H. HUNT VINCENT M. GARVEY JUDRY L. SUBAR TERRY M. HENRY ANDREW I. WARDEN Attorneys United States Department of Justice Civil Division, Federal Programs Branch P.O. Box 883 Washington, DC 20044 Tel: [phone] Attorneys for Respondents