IN RE: GUANTANAMO BAY DETAINEE LITIGATION

Filing 779

STATUS REPORT by GUANTANAMO BAY DETAINEE LITIGATION, GEORGE W. BUSH, ROBERT M. GATES, MARK H. BUZBY, BRUCE VARGO. (Folio, Joseph)

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA ____________________________________ ) IN RE: ) ) Misc. No. 08-442 (TFH) GUANTANAMO BAY ) DETAINEE LITIGATION ) Civil Action No. 08-1733 (JDB) ____________________________________) STATUS REPORT Pursuant to this Court's October 15, 2008 Minute Order, undersigned counsel for the respondents states the following status of this case: 1) Hassan Abdul Said, a national of Iraq, is the detainee-petitioner in this habeas

corpus case. The petitioner is currently detained by the Armed Forces of the United States at Guantanamo Bay, Cuba, and is identified by Internment Serial Number 435. 2) 3) The Protective Order has been entered in this case. It is unclear at this time whether the detainee directly authorized this action.

Pursuant to this Court's October 15, 2008 Minute Order, petitioner's counsel has until December 16, 2008 to produce either a signed authorization from the detainee to pursue this action, or a declaration from petitioner's counsel stating that the detainee directly authorized this action and explaining why counsel was unable to secure a signed authorization. 4) A Combatant Status Review Tribunal ("CSRT") convened by the Department of

Defense determined the petitioner to be an enemy combatant. The petitioner has been approved for release or transfer from Guantanamo Bay by the Department of Defense. The petitioner has not been charged with crimes triable by military commission under the Military Commissions Act of 2006. 5) The petitioner filed this petition for a writ of habeas corpus on October 10, 2008.

The respondent has not filed a "factual return" in this case.

Dated: October 22, 2008

Respectfully submitted, GREGORY G. KATSAS Assistant Attorney General JOHN C. O'QUINN Deputy Assistant Attorney General /s/ Joseph C. Folio III_____________ JOSEPH H. HUNT (D.C. Bar No. 431134) VINCENT M. GARVEY (D.C. Bar No. 127191) JUDRY L. SUBAR (D.C. Bar No. 347518) TERRY M. HENRY ANDREW I. WARDEN (IN Bar No. 23840-49) JONATHAN S. NEEDLE JOSEPH C. FOLIO III Attorneys United States Department of Justice Civil Division, Federal Programs Branch 20 Massachusetts Avenue N.W. Washington, DC 20530 Tel: [phone] Fax: [phone] Attorneys for Respondents