You're viewing Docket Item 27 from the case HATIM et al v. BUSH et al. View the full docket and case details.

Download this document:




Case 1:05-cv-01429-UNA Document 27 Filed 09/30/2005 Page 1 of 6

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLUMBIA

Civil Action No. 05-520 (RMU)

Civil Action No. 05-1453 (RMU)

Civil Action No. 05-1048 (RMU)

Petitioners,

Respondents.

Petitioners,

____________________________________

SALEH ABDULLA AL-OSHAN, et al.,

v.

v.

v.

NASSER MAZYAD AL-SUBAIY, et al.,

GEORGE W. BUSH,
President of the United States, et al.,

)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
ABDULSALAM ALI ADULRAMAN AL- )
HELA, et al.,
)
)
)
)
)
)
)
)
)
)
)

GEORGE W. BUSH,
President of the United States, et al.,

GEORGE W. BUSH,
President of the United States, et al.,

Respondents.

Petitioners,

Respondents.

Case 1:05-cv-01429-UNA Document 27 Filed 09/30/2005 Page 2 of 6



Petitioners,

Civil Action No. 05-1429 (RMU)

Civil Action No. 05-1724 (RMU)

Civil Action No. 05-301 (GK)

Respondents.

Petitioners,

GEORGE W. BUSH,
President of the United States, et al.,

SAEED MOHAMMED SALEH HATIM,
et al.,

)
)
)
)
)
)
)
)
)
)
)
)
)
)
SALIM MOHAMMED ADAM BIN AMIR, )
et al.,
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)

GEORGE W. BUSH,
President of the United States, et al.,

v.

v.

v.

GEORGE W. BUSH,
President of the United States, et al.,

Respondents.

Petitioners,

Respondents.

MAJID ABDULLA AL JOUDI, et al.,

Case 1:05-cv-01429-UNA Document 27 Filed 09/30/2005 Page 3 of 6

Petitioners,

MUHAMMAD AL-ADAHI, et al.,

Respondents.

Petitioners,



JARALLAH AL-MARRI, et al.,

GEORGE W. BUSH,
President of the United States, et al.,

)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)

GEORGE W. BUSH,
President of the United States, et al.,

GEORGE W. BUSH,
President of the United States, et al.,

v.

v.

v.

HAMID AL RAZAK, et al.,

Respondents.

Petitioners,

Respondents.

Civil Action No. 04-2035 (GK)

Civil Action No. 05-280 (GK)

Civil Action No. 05-1601 (GK)

Case 1:05-cv-01429-UNA Document 27 Filed 09/30/2005 Page 4 of 6



MAHMOAD ABDAH, et al.,

)
)
)
)
)
)
)
)
)
)
)
)
)

GEORGE W. BUSH,
President of the United States, et al.,

Petitioners,

v.

Respondents.

Civil Action No. 04-1254 (HHK)

NOTICE OF RECENT DECISION

Respondents hereby give notice of a recent decision by another Judge of this Court that is

relevant to petitioners’ various motions to compel access to counsel and information related to

medical treatment in the above-captioned cases. On September 28, 2005, Judge Oberdorfer

denied motions for preliminary injunctions concerning conditions of confinement and hunger

strikes at Guantanamo that were filed by petitioners in El-Banna v. Bush, Case No. 04-1144

(RWR), Deghayes v. Bush, Case No. 04-2215 (RMC), Aziz v. Bush, Case No. 05-0492 (JR),

Imran v. Bush, Case No. 05-0764 (CKK), and Al Habashi v. Bush, Case No. 05-0765 (EGS)

(“Memorandum and Order”) (attached as Exhibit A).1 In denying the motions, Judge Oberdorfer

relied on the declaration of Major General Jay W. Hood, which respondents have submitted in

the above-captioned cases, to conclude that petitioners had not “carried their burden of proving

an imminent threat by respondents to the health and life of the hunger-striking movants.”

1 The motions were assigned to Judge Oberdorfer through orders in the relevant cases

transferring the motions to Judge Oberdorfer for decision.

Case 1:05-cv-01429-UNA Document 27 Filed 09/30/2005 Page 5 of 6

Memorandum and Order at 5.2

Additionally, in response to the Court’s September 26, 2005 Minute Orders in Al Joudi v.

Bush, Case No. 05-0301 (GK), Al-Marri v. Bush, Case No. 04-2035 (GK), and Al-Adahi v.

Bush, Case No. 05-280 (GK), which required petitioners to re-file their motions to compel with

pertinent authority by September 28, 2005 and ordered respondents to respond by September 30,

2005, respondents rely on their Opposition to Petitioners’ Motions to Compel Access to Counsel

and Information Related to Medical Treatment that was filed on September 27, 2005 and this

filing.

2 Judge Oberdorfer reached this conclusion in the face of, among other things,

allegations by petitioners in the cases before him that the medical staff at Guantanamo withholds
treatment from detainees who are uncooperative with interrogators. See, e.g., El-Banna v. Bush,
Case No. 04-1144 (RWR), Motion for a Preliminary Injunction Concerning Conditions of
Confinement at 24 (dkt. no. 153) (Sept. 24, 2005). Petitioners in the above-captioned cases,
except for Abdah v. Bush, Case No. 04-1254 (HHK), make these same allegations in their reply
memoranda that were filed with the Court Security Officer on September 29, 2005. See Reply
Memoranda at 12. Contrary to these assertions, and as noted in the sworn declaration of Dr.
John S. Edmondson, the Commander of the U.S. Navy Hospital at Guantanamo, medical care is
not affected by a detainee’s degree of cooperation in interrogations, and medical records of
detainees are not available to interrogators. Declaration of Dr. John S. Edmondson ¶ 10
(attached as Exhibit B; submitted in connection with the matters before Judge Oberdorfer as
Exhibit B in Respondents’ Memorandum in Opposition to Petitioners’ Motion for a Preliminary
Injunction Concerning Conditions of Confinement, see, e.g., El-Banna v. Bush, Case No. 04-
1144 (RWR) (dkt. no. 150) (Sept. 9, 2005); originally submitted in O.K. v. Bush, Case No. 04-
1136 (JDB), and filed on the public record with health information specific to petitioner O.K.
redacted).

-2-

Case 1:05-cv-01429-UNA Document 27 Filed 09/30/2005 Page 6 of 6

Dated: September 30, 2005

Respectfully submitted,



PETER D. KEISLER
Assistant Attorney General

KENNETH L. WAINSTEIN
United States Attorney

DOUGLAS N. LETTER
Terrorism Litigation Counsel

/s/ Edward H. White
JOSEPH H. HUNT (D.C. Bar No. 431134)
VINCENT M. GARVEY (D.C. Bar No. 127191)
TERRY M. HENRY
JAMES J. SCHWARTZ
PREEYA M. NORONHA
ROBERT J. KATERBERG
ANDREW I. WARDEN
NICHOLAS J. PATTERSON
EDWARD H. WHITE (D.C. Bar No. 468531)
United States Department of Justice
Civil Division, Federal Programs Branch
20 Massachusetts Ave., N.W.
Washington, DC 20530
Tel: (202) 514-4107
Fax: (202) 616-8470

Attorneys for Respondents

-3-