IN RE: GUANTANAMO BAY DETAINEE LITIGATION

Filing 870

Memorandum in opposition to re 723 MOTION to Dismiss Improper Respondents filed by GUANTANAMO BAY DETAINEE LITIGATION. (Attachments: # 1 Text of Proposed Order)(Havens, Sarah)

IN RE: GUANTANAMO BAY DETAINEE LITIGATION

Doc. 870

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

IN RE: GUANTANAMO BAY DETAINEE LITIGATION SUHAIL ABDU ANAM, et al., Petitioners, -vGEORGE W. BUSH, et al., Respondents.

Misc. No. 08-442 (TFH)

Civil Action No. 04-CV-1194 (HHK)

PETITIONERS' OPPOSITION TO RESPONDENTS' "MOTION TO DISMISS IMPROPER RESPONDENTS" Petitioners, by their undersigned counsel, respectfully submit this opposition to Respondents' Motion to Dismiss Improper Respondents. The Anam Petitioners oppose the Government's motion for the reasons set forth in the Memorandum of Law in Opposition to Respondents' "Motion to Dismiss Improper Respondents" filed today in Mousovi v. Bush, 05-CV-1124 (RMC), Al Razak v. Bush, 05-CV1601 (GK), Zadran v. Bush, 05-CV-2367 (RWR), and the In re Guantanamo Bay Detainee Litigation (Misc. No. 08-442). As in those cases, the President, the Secretary of Defense, and Petitioners' immediate custodians are respondents in these proceedings. As in those cases, Petitioners do not oppose the Government's motion provided that safeguards are put in place to prevent substantive prejudice to the rights of Petitioners.

Dockets.Justia.com

The Anam Petitioners also oppose the Government's motion because, if it is granted without procuring the stipulations Petitioners seek, full consideration of Petitioners' still unresolved motion concerning probable spoliation of evidence would be effectively foreclosed. On February 15, 2008, Petitioners filed a classified Motion for Report Concerning the Destruction of Evidence and for Amended Preservation Order, which the Government opposed. This Motion arose out of probable destruction of relevant evidence by government agencies, including agencies outside the Department of Defense.1 To date, this Motion remains unresolved. Petitioners therefore respectfully request that, at a minimum, the Court maintain jurisdiction over all executive branch agencies pending resolution of Petitioners' Motion.

Dated: October 30, 2008 Respectfully submitted, By: /s/ Sarah Havens Scott Sullivan Kristine Huskey (D.C. Bar No. 462979) UNIVERSITY OF TEXAS SCHOOL OF LAW NATIONAL SECURITY & HUMAN RIGHTS CLINIC 727 E. Dean Keeton Street Austin, TX 78705 Tel. [phone] Of counsel for Petitioners Pamela Rogers Chepiga Sarah Havens Julie Withers ALLEN & OVERY LLP 1221 Avenue of the Americas New York, NY 10020 Tel. [phone] Admitted pro hac vice Counsel for Petitioners Hassan, Al-Raimi, AlBaidhani, Al-Haj, Qassim, Al-Razehi, Al-Swidi, Sarim, Al-Tawlaqi, and Al-Marwalah

1

Despite repeated requests from Petitioners' counsel, the Government has not yet provided unclassified version of Petitioners' Motion for public filing.

2

Patricia A. Bronte Sapna G. Lalmalani JENNER & BLOCK LLP 330 North Wabash Ave. Chicago, IL 60611 Tel. [phone] Counsel for Petitioner Madhwani

Darold Killmer Mari Newman Sara Rich KILLMER, LANE & NEWMAN LLP 1543 Champa Street Suite 400 Denver, CO 80202 Tel: [phone] Counsel for Petitioners Anam, Bin Amer, and Madhwani

3

CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing Opposition to Respondents' "Motion to Dismiss Improper Respondents" was served upon counsel of record by the CM/ECF system on the 30th day of October, 2008.

/s/ Sarah Havens Sarah Havens