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UNITED SI'ATES DISTRICT

## corR'!.'· FOR TIlE DJ:'\TRICT 

### OFCOL.C\lBIA ) MOHA\1.!\1ED i\H\l[J) 

### SLA..1Vl ) AL-KHATEEB (ISl\ 689), I Petiti.oncr, ) ) ) Ci"il l\o. 09-745 (ReL.) ) BAlt·:\CK OBA.MA, e! al., ) ) Respondents. ) ---------------) MEl\'IORANDUM & ORDER Petitioner is challenging the legality afhis detention at the United States Naval Base in 

### Gllantanamo Bay, C'llba CGuantanamo"}, 

### Before the Court. is petitioner"st\lotion 

### [J 186J tD Compel or, in the i\Ilernative, for Leave to Seek Discovery. As described herein, the Court shall grant petitioner leave tel seek certain discovery. 

### 'fhe Court is operating underthe Casei\1anagement Order ('"eMU') issued by Judge IJogan ofthis Court in the consolidated Guantanamo habeas cases (T'v'fisc. No. 08-4..2) on November 6, 2008, as amended on Decemher 16, 2008.! The subjects ofpetitioner's mOTion aloe

I'f'he Amended CMO was later amended fUlther 

### by Judge Walton ofthis Court. 

### Gherebi 1'. 

### Bush, Ci\'. "t\o.**04~1164,** Order [797J (D.D.C. Dec. 19,2(08) (\Valton, J.).Because that Order was issued before petitioner's case ·was transfcn-cd from Judge Walton to the underslgned member ofthe Court, it is binding onpetitioner's case. Ho\!,rever, Judge Walton's amendmems do not affect Amended CMO § I.E, which is the only section at issue for petitioner's requests.

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Petitioner's 

### moti0D seeks 

### to compel production, 

### or, in the alternative, 

### leave to seek discovery ofthree categories ofevidence:

A., Petitioner's l\lotioll to Compel Petitioner'S motion first seeks to compel respondents' production oftlle
1Petitioncr

### originally included a fourth request for "a\\Titten descri )tion 

### ofhow the 

### but that request 

### was later**withdra~'T1.** 

### (See 

### Reply at 3 n.l.)



### 2

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under Amended C/\IO 

### § I.E. 1. Section I.E. I requires the government tIl 

### disc.lose. 

### ifrequested 

### by the petitioner. "any documents or

### objects in 

### the govenl:11eITl's possession that the government relies (H110JUSTify detention" lan1ong'ol,herthingsL P:::tili,mer

B. Petitioner's 

### Motion, in the Alternative,

### for Leave to Seek

### Discovel1'

J

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In the 

### altcmaliv.:. petitioner tnDVCS 1 eave to seek ,Ii**~:t"t\','l"I"\'** under J:,mended C\10; LE.2. Section I.E.2**Stlm~s** that It]he !vlerits .Judge 

### may, for good cause. permit the petitioner to 

### obtain limitcO discovery beyond that described in [Section I.E.] 

## I· Discovery requests shall .. (1) be Dnrruwly tailored, 

### not open-ended; (:2 specif) the soughr: :::: explain wh] the r"cquest, 

### ifgWI1I;:Q, is 

### likely to 

### pr()(!uce evidence 

### that demonstrates 

### lhal petitioner's detention is 

### unltl\\'ful; and (4 e.xplain why the request..:d discovery \\ill 

### enable the petitioner to rebut the factual basis**[~~),"** his detention \"'ithout unfairly 

### disrupTing or 

### unduly burdening the government. Amended C1\'IO § I.E.: 

### Icitations omitted), Petitioner's discovery 

### reques1 \vi 1I be evaluated according to this 

### standard. Petitioner's request is certainly bOlh narrowly tniJoreJ and specitic. Petiti:mer is 'l.sking llsed OJ: a spedfie 

### Dccasion with a single detainee. a finite number Petitioner's request alse appears not 

### to be un lairly disruptive or 

### unduly burdensome to the government: tl1;;' Rerum's**i~)otnote** nOled that**th~accounl** was accessible as as 2007, and respondents do not indicate that it is no longer accessible. The only remaining issue. 

### then, is whether petitioner has 5ho\\"n that it is 

### likely that his request, ifgranted, would produce evidence demonstrating 

### that his detention is unl.awful. The Court concludes that. for 

### a, least some ofhis requests, petitioner has met that standard.



### It is therefore 

### likely that petitioner's request will produce evidence that will weaken the govcmment'sjustificati':"I!i f0r his detemiotl, However, not

# an ofthe specific 

### requests made**b~v** 

### petitioner are likely to show he is being unlawfully detained.

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Such broad disclosure would go beyond what is allovved 

### by Amended CMO 

### §I.E.2. To bring petitioner's discover)' requests within the confines of Amended C!'vfO § I.E,2, the Court will order the following: First.. if, using reasonably available4 information, respondents

41n accordance with the Court's otherorders dealing \"lith discovery under Amel1ded 

### CMO §

### I.E, the 

### Court \vilI only grant discovery as 

### to "reasonably available" evidence. In this context, "reasonably available" evidence means evidence contained in anyinformation reviewed by attorneys preparing factual returns for all detainees held at GuantanamoBay or any other tinited Stales military facility; it .is notlimitedto the evidence discovered by attorneys preparing htcrual returns for this petitioner. 

### See GJrerebi v. Bush, Civ. No. 04-1164, Order [797] (D.D.C. Dec. 19,2008) (\\'alton, J.) (amending slightly Amended CMO § LD.1). 

### 5

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(referenced in Return Paragraph 25 IDutJ.101e 3.1

In accordance with the above \IenHlfandun1, it is ORDER}]) thai if, using reasonably anliJable inJe)fJ11J.l10n, respondents can determine

_ ' a"o';, 1" ·r'!l/>l'**.~L.** I
..; tll l. L .. '­

ORDERED rhm 

### h all other rt:spects petitioner's !\/101il)l1 [1 186] is DE1\TED; and il is Ji.lrthcr ORDERED that all disclosures ordered in this Order shall occur within 30 days of**thi:.~** date ofthis Order. 

# so ORDERI::D.

# ~c~ ROY
. C. 

### LAMBERTII CHIEF JUDGE
6

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