IN RE: GUANTANAMO BAY DETAINEE LITIGATION
MOTION to Compel by BASHIR GHALAAB (Attachments: # 1 Exhibit 1)(jf, )
IN RE: GUANTANAMO BAY DETAINEE LITIGATION
IN THE UNITED STATES DISTRICT COT]RT FOR THE DISTRICT OF COLUMBIA
Misc. No. 08-0442 (TFU)
GUANTANAMO BAY DETAINEE LITIGATION
Civil Action No. l:08-CV-01
PETITIONER'S MOTION TO COMPEL
Petitioner Bashir Ghalaab files this motion
provide the fuIl CSRT record.
to compel Respondents to
Petitioner (ISN 175) has been imprisoned at Guantanamo since May
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
petition in the court of appeals under the Detainee Treatment Act to
challenge Petitioner's designation as an enemy combatant.
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
Guantanamo prisoners. The consequence
of this position is that, under the
Court's scheduling orders, Petitioner
will be among the very last prisoners
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.
were happy to learn that Respondents had volunteered to provide
a CSRT report for those cases in which afactual return had not been
after August 6,2008, we received"a copy of the unclassified paper record" of the
CSRT for Petitioner.
UnfortunateLy, the "unclassified paper record" of the CSRT provides
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
redacted), concedes that the unclassified evidence
in that it
provides conclusory statements without supporting unclassified evidence." See p.
The real evidence, apparently, was contained in classified exhibits,
numbered R-2 through R-11 and
Those exhibits were not provided by
Respondents, even though they were part of the
a letter to
on August 15, 2008
(attached as Exhibit B), asking Respondents to advise us
if they had already placed
the classified exhibits in the Secure
Facilū for our review, or if they would
to do so. We received no response to our request.
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
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.
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)
TEXAS StAtC BAr
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
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:
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
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