Filing 486

MOTION to Compel by BASHIR GHALAAB (Attachments: # 1 Exhibit 1)(jf, )

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IN RE: GUANTANAMO BAY DETAINEE LITIGATION Doc. 486 IN THE UNITED STATES DISTRICT COT]RT FOR THE DISTRICT OF COLUMBIA IN RE: $ $ Misc. No. 08-0442 (TFU) GUANTANAMO BAY DETAINEE LITIGATION I $ $ Civil Action No. l:08-CV-01 104 (cKK) I $ PETITIONER'S MOTION TO COMPEL Petitioner Bashir Ghalaab files this motion provide the fuIl CSRT record. to compel Respondents to 1. Petitioner (ISN 175) has been imprisoned at Guantanamo since May legal 2002. He was, however, one of the last to decide that he wanted representation. By the time that the undersigned counsel began representing Petitioner, the Military Commissions Act had stripped the district courts of jurisdiction to hear habeas cases from Guantanamo prisoners. We therefore initially filed a petition in the court of appeals under the Detainee Treatment Act to challenge Petitioner's designation as an enemy combatant. 2. Promptly after the Supreme Court's decision in Boumediene,In June 2008, we filed this habeas case on Petitioner's behalf. As evidenced by the cause number of this case. Petitioner's case is one of the last habeas cases filed on behalf of Guantanamo prisoners. The consequence of this position is that, under the 411030 Court's scheduling orders, Petitioner will be among the very last prisoners to obtain a factual return on his habeas petition. Under the current schedule it will take atleast three or four more months before a factual return is filed in this case. 3. 'We were happy to learn that Respondents had volunteered to provide a CSRT report for those cases in which afactual return had not been filed. Soon after August 6,2008, we received"a copy of the unclassified paper record" of the CSRT for Petitioner. 4. UnfortunateLy, the "unclassified paper record" of the CSRT provides was no more information about the reasons for Petitioner's imprisonment than already available on the internet. In fact, the "Unclassified Summary of Basis for Tribunal Decision," which is attached as Exhibit A (with protected information persuasive redacted), concedes that the unclassified evidence "is not in that it provides conclusory statements without supporting unclassified evidence." See p. 000007. 5. The real evidence, apparently, was contained in classified exhibits, numbered R-2 through R-11 and D-a. Those exhibits were not provided by Respondents, even though they were part of the csRT record. 6. \Me sent a letter to Respondents' counsel on August 15, 2008 (attached as Exhibit B), asking Respondents to advise us if they had already placed 41 1030 the classified exhibits in the Secure Facilū for our review, or if they would agree to do so. We received no response to our request. 7. We are not attempting to circumvent the Court's schedule regarding the providing of factual returns. We are simply requestingthat evidence akeady gathered,marked as exhibits, and used in the CSRT for this Petitioner be provided in advance of the factual returns. Otherwise, it will be at least three or four months before we receive any useful information about why Petitioner continues to be detained. Therefore, petitioner moves to compel Respondents to produce the classified exhibits from the CSRT proceeding, by placing them in the Secure Facility subject to the Protective Order, within 10 days of the entry of an order by this Court. Petitioner prays for such other relief to which he may be justly entitled. 4t 1030 Respectfully submitted, Texas State Bar No. 07207300 One Houston Center l22t McKinneY Street, Suite 4500 Houston, Texas 77 010-2010 7t3.9s1.3700 7t3.95t.3720 (Fax) OF COUNSEL: Russell S. Post NO. TEXAS StAtC BAr 00797258 ATTORNEY-IN.CHARGE FOR PETITIONER BASHIR GHALAAB BECK, REDDEN & SECREST, LLP One Houston Center 1,22I McKinney Street, Suite 4500 Houston, Texas 77 010-2010 713.95r.3700 713.951.3720 (Fax) CERTIFICATE OF SERVICE hereby certiff that a true and correct copy of the Petitioner's Motion to Compel was served upon the following on August 27,2008, as follows: I Terry M. HenrY Judry L. Subar U.S. DePartment of Justice Civil Division, Federal Programs Branch 20 Massachusetts Avenue, N.V/. Room 7342 Washington, D.C. 20530 Via E-Filing /S/ Murray Fogler MURRAY FOGLER 4 4l 1030

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