Associated Press v. United States Department of Defense

Filing 6

Associated Press v. United States Department of Defense

Doc. 6

Case 1:06-cv-01939-JSR

Document 6

Filed 04/26/2006

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MICHAEL J. GARCIA U n i te d States Attorney for the S o u t h e r n District of New York B y: SARAH S. NORMAND (SN-2834) A s s is ta n t United States Attorney 8 6 Chambers Street, Third Floor N e w York, New York 10007 T e le p h o n e : 212.637.2709 F a x : 212.637.2702 U N IT E D STATES DISTRICT COURT S O U T H E R N DISTRICT OF NEW YORK - -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- - x A S S O C IA T E D PRESS, P l a i n t i f f, v. U N IT E D STATES DEPARTMENT OF D E F E N S E, D e fe n d a n t . - -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- - x D e fe n d a n t United States Department of Defense ("DOD"), by its attorney, Michael J. G a rc ia , United States Attorney for the Southern District of New York, answers the complaint of p l a in t iff Associated Press ("AP") upon information and belief as follows: 1. P a r a g ra p h 1 of the complaint contains AP's characterization of the nature of this 0 6 Civ. 1939 (JSR) E C F Case

ANSW ER

a c tio n , and its reasons for filing this action, to which no response is required. 2. D e n ie s the allegations in the first and third sentences of paragraph 2 of the

c o m p l a in t , except admits that DOD received a Freedom of Information Act ("FOIA") request fro m AP dated January 18, 2006, in which AP sought expedited processing of its request, and r e s p e c t fu l ly refers the Court to AP's FOIA request for a true and accurate statement of its c o n te n ts . Denies knowledge or information sufficient to form a belief as to the truth of the a lle ga tio n s in the second sentence of paragraph 2, except admits that some of the information

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Case 1:06-cv-01939-JSR

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s o u gh t by AP in its January 18, 2006 FOIA request had not previously been released. 3. D e n i e s the allegations in paragraph 3 of the complaint, except admits that AP has

file d two prior lawsuits under FOIA seeking information about Guantanamo detainees, and a d m its that as of March 13, 2006, DOD had not responded to AP's January 18, 2006 FOIA req u est. 4. P a r a g ra p h 4 of the complaint contains AP's characterization of the nature of this

a c tio n , to which no response is required. 5. D e n ie s knowledge or information sufficient to form a belief as to the truth of the

a l l e ga t i o n s in paragraph 5 of the complaint. 6. 7. A d m i ts the allegations in paragraph 6 of the complaint. P a r a g ra p h 7 of the complaint contains AP's allegations concerning jurisdiction, to

w h i c h no response is required. 8. P a r a g ra p h 8 of the complaint contains AP's allegations concerning venue, to

w h i c h no response is required. 9. D e n ie s knowledge or information sufficient to form a belief as to the truth of the

a lle ga tio n s in paragraph 9 of the complaint, except admits that following the attacks of September 1 1 , 2001, DOD captured and took custody of many enemy combatants during military operations in Afghanistan against al-Qaeda and the Taliban regime. 1 0. D e n ie s the allegations in paragraph 10 of the complaint, except admits that DOD

h a s detained approximately 750 detainees at Guantanamo, that approximately 267 detainees have b e e n transferred or released from Guantanamo, and that approximately 490 detainees are p re s e n tly detained by DOD at Guantanamo. 11. D e n ie s knowledge or information sufficient to form a belief as to the truth of the

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a l l e ga t i o n s in paragraph 11 of the complaint. 12. A d m i ts the first sentence of paragraph 12 of the complaint. Neither admits nor

d e n ie s the allegations in the second sentence of paragraph 12, and instead respectfully refers the C o u r t to Rasul v. Bush, 124 S. Ct. 2686 (2004), and Hamdi v. Rumsfeld, 124 S. Ct. 2633 (2004), fo r a true and accurate statement of their contents. 1 3. D e n ie s the allegations in paragraph 13 of the complaint, except admits that DOD

h a s conducted Combatant Status Review Tribunals ("CSRTs") and Administrative Review B o a rd s ("ARBs") with regard to detainees at Guantanamo. 14. D e n ie s knowledge or information sufficient to form a belief as to the truth of the

a lle ga tio n s in the first sentence of paragraph 14 of the complaint. Neither admits nor denies the a l l e ga t i o n s in the second sentence of paragraph 14 of the complaint, and instead respectfully r e fe r s the Court to In re Guantanamo Detainee Cases, 355 F. Supp. 2d 443, 481 (D.D.C. 2005), fo r a true and accurate statement of its contents. 15. A d m i ts that certain detainees have filed petitions for writs of habeas corpus in the

U n i te d States District Court for the District of Columbia. Neither admits nor denies the re m a in i n g allegations in paragraph 15 of the complaint, and instead refers the Court to the cited d i s tric t court decisions for a true and accurate statement of their contents. 16. D e n ie s the allegations in the first sentence of paragraph 16 of the complaint.

Denies knowledge or information sufficient to form a belief as to the truth of the allegations in th e second sentence of paragraph 16. 17. D e n ie s knowledge or information sufficient to form a belief as to the truth of the

a l l e ga t i o n s in paragraph 17 of the complaint. 18. N e ith e r admits nor denies the allegations in paragraph 18 of the complaint, and

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in s te a d respectfully refers the Court to the Detainee Treatment Act of 2005, Pub. L. No. 109-148, § § 1001-06, 119 Stat. 2680, 2739-45 (2005), and its legislative history, for a true and accurate s ta te m e n t of their contents. 19 . D e n i e s the allegations in paragraph 19 of the complaint, except admits that AP has

file d two prior lawsuits under FOIA seeking documents relating to CSRT and ARB proceedings a n d allegations of detainee abuse. 20. D e n ie s the allegations in paragraph 20 of the complaint, except admits that the

C o u rt ordered DOD to produce copies of transcripts of CSRT proceedings with identifying in fo rm a tio n of detainees unredacted, and admits that DOD released such documents to AP on M a r c h 3, 2006, in accordance with the Court's Order. 21. A d m its the allegations in the first sentence of paragraph 21 of the complaint.

Denies knowledge or information sufficient to form a belief as to the truth of the allegations in t h e second sentence of paragraph 21, except admits that each transcript contains an ISN uniquely id e n tifyin g the subject of the proceeding. 22. D e n ie s the allegations in the first sentence of paragraph 22 of the complaint.

Admits the allegations in the second sentence of paragraph 22. 23. D e n ie s the allegations in paragraph 23 of the complaint, except admits that DOD

re c e iv e d a FOIA request from AP dated January 18, 2006, and respectfully refers the Court to that F O IA request for a true and accurate statement of its contents. 24. D e n ie s knowledge or information sufficient to form a belief as to the truth of the

a l l e ga t i o n s in paragraph 24 of the complaint, except admits that AP's counsel advised DOD's c o u n se l that it sought the "SIN number" [sic] for each detainee as part of its January 18, 2006 F O IA request.

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25.

D e n ie s knowledge or information sufficient to form a belief as to the truth of the

a l l e ga t i o n s in paragraph 25 of the complaint. 26. N e ith e r admits nor denies the allegations in paragraph 26 of the complaint, and

in s te a d refers the Court to AP's January 18, 2006 FOIA request for a true and accurate statement o f its contents. 27. D e n ie s the allegations in paragraph 27 of the complaint, except admits that as of

M a r c h 13, 2006, DOD had not responded to AP's FOIA request. 28. re q u ire d . 29. D O D repeats, realleges, and incorporates its responses to the allegations in P a r a g ra p h 28 of the complaint assets a legal conclusion, to which no response is

p a ra gra p h s 1 through 28 as though fully set forth in this paragraph. 30. 31. D e n i e s the allegations in paragraph 30 of the complaint. D O D repeats, realleges, and incorporates its responses to the allegations in

p a ra gra p h s 1 through 30 as though fully set forth in this paragraph. 32. D e n i e s the allegations in paragraph 32 of the complaint.

T h e allegations in the unnumbered paragraph following paragraph 32 of the complaint and c o m m e n c i n g with the word "WHEREFORE" state AP's request for relief, to which no response is required. To the extent a response is required, denies that AP is entitled to the requested relief, o r to any relief whatsoever. W H E R E F O R E , DOD demands judgment dismissing the complaint and granting such o t h e r and further relief as this Court deems just and proper, including costs and disbursements.

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D a te d : N e w York, New York A p ril 26, 2006

Respectfully submitted, M IC H A E L J. GARCIA U n i te d States Attorney for the S o u t h e r n District of New York A tto rn ey for Defendant DOD B y: /s / Sarah S. Normand S A R A H S. NORMAND (SN-2834) A s s is ta n t United States Attorney T e le p h o n e : 212.637.2709 F a x : 212.637.2702

To:

David A. Schulz, Esq. Levine Sullivan Koch & Schulz, LLP 230 Park Avenue New York, New York 10169
A tto rn eys for Plaintiff AP

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