Abd Al Hadi Omar Mahmoud Faraj v. George W. Bush

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Abd Al Hadi Omar Mahmoud Faraj v. George W. Bush (Civil Action 05-1490) is a writ of habeas corpus filed on behalf of Guantanamo captive Abd Al Hadi Omar Mahmoud Faraj.

Seizure of privileged lawyer-client documents

On June 10, 2006, the Department of Defense reported that three captives died in custody. The Department of Defense stated the three men committed suicide. Camp authorities called the deaths "an act of asymmetric warfare", and suspected plans had been coordinated by the captive's attorneys -- so they seized all the captives' documents, including the captives' copies of their habeas documents.[1] Since the habeas documents were privileged lawyer-client communication the Department of Justice was compelled to file documents about the document seizures. Faraj's privileged attorney-client documents were among those seized.

Lead Counsel

In January 2007 the Center for Constitution Rights published a list of the counsels of the "lead petitioners" in the captives various habeas petitions.[2] The list records Anant Raut of WEIL GOTSHAL & MANGES LLP as the counsel to the lead petitioner on this petition.

Military Commissions Act

The Military Commissions Act of 2006 mandated that Guantanamo captives were no longer entitled to access the US civil justice system, so all outstanding habeas corpus petitions were stayed.[3]

Boumediene v. Bush

On June 12 2008 the United States Supreme Court ruled, in Boumediene v. Bush, that the Military Commissions Act could not remove the right for Guantanamo captives to access the US Federal Court system. And all previous Guantanamo captives' habeas petitions were eligible to be re-instated. The judges considering the captives' habeas petitions would be considering whether the evidence used to compile the allegations the men and boys were enemy combatants justified a classification of "enemy combatant".[4]

On 9 July 2008 Robert C. Weaver, Jr. filed a "Petitioner's reply in support of his motion to lift stay and to schedule an immediate status conference" with regard to Civil Action No. 05-cv-1490 (PLF).[5]

Robert C. Weaver, Jr. filed a status report on Civil Action No. 05-1490 (PLF) on behalf of Abdul Hadi Omer Mahmoud Faraj.[6]

On 20 October 2008 John P. Lohrer, a [[Department of Justice official, filed a "RESPONDENTS’ REPLY IN SUPPORT OF MOTION FOR LEAVE TO AMEND FACTUAL RETURN" with regard to Abd al-Hadi Omar Mahmoud Faraj's petition.[7]

On 28 October 2008 Samuel C. Kauffman filed a "PETITIONER'S MEMORANDUM OF LAW IN OPPOSITION TO RESPONDENTS' "MOTION TO DISMISS IMPROPER RESPONDENTS"" with regard to Abd al-Hadi Omar Mahmoud Faraj in Civil Action No. 05-cv-1490 (PLF).[8]

On 26 November 2008 Samuel C. Kauffman filed a "PETITIONER’S OPPOSITION TO GOVERNMENT’S MOTION FOR CLARIFICATION AND RECONSIDERATION OF NOVEMBER 6, 2008 CASE MANAGEMENT ORDER" with regard to Abdul Hadi Omer Mahmoud Faraj in Civil Action No. 05-cv-1490 (PLF).[9]

See also

References

  1. "Respondents' response to Court's August 7, 2006 order". United States Department of Defense. 2006-08-15. http://www.pegc.us/archive/OK_v_Bush/govt_resp_to_GK_20060815.pdf. Retrieved 2008-06-23.  mirror
  2. "Lead Petitioners' Counsel in Guantanamo Habeas Cases". Center for Constitutional Rights. 2007-01-08. http://listproc.ucdavis.edu/archives/law-lib/law-lib.log0701/att-0174/01-GITMO_AttyList.pdf. Retrieved 2008-06-11.  mirror
  3. Peter D. Keisler, Douglas N. Letter (2006-10-16). "NOTICE OF MILITARY COMMISSIONS ACT OF 2006". United States Department of Justice. http://natseclaw.typepad.com/natseclaw/files/Hamdan.28j.letter.pdf. Retrieved 2008-09-30.  mirror
  4. Farah Stockman (2008-10-24). "Lawyers debate 'enemy combatant'". Boston Globe. http://www.boston.com/news/nation/washington/articles/2008/10/24/lawyers_debate_enemy_combatant/. Retrieved 2008-10-24.  mirror
  5. Robert C. Weaver, Jr. (2008-07-09). "Guantanamo Bay Detainee Litigation: Doc 9 -- Petitioner's reply in support of his motion to lift stay and to schedule an immediate status conference". United States Department of Justice. http://docs.justia.com/cases/federal/district-courts/district-of-columbia/dcdce/1:2008mc00442/131990/9/0.pdf. Retrieved 2008-12-02. 
  6. Robert C. Weaver, Jr.. "Guantanamo Bay Detainee Litigation: Doc 101 -- STATUS REPORT OF PETITIONER ABDUL HADI OMER MAHMOUD FARAJ PURSUANT TO JUDGE HOGAN'S JULY 11, 2008 SCHEDULING ORDER". United States Department of Justice. http://docs.justia.com/cases/federal/district-courts/district-of-columbia/dcdce/1:2008mc00442/131990/101/0.pdf. Retrieved 2008-08-21.  mirror
  7. John P. Lohrer (2008-10-20). "Guantanamo Bay Detainee Litigation: Doc 766 -- RESPONDENTS’ REPLY IN SUPPORT OF MOTION FOR LEAVE TO AMEND FACTUAL RETURN". United States Department of Justice. http://docs.justia.com/cases/federal/district-courts/district-of-columbia/dcdce/1:2008mc00442/131990/766/0.pdf. Retrieved 2008-12-02. 
  8. Samuel C. Kauffman (2008-10-28). "Guantanamo Bay Detainee Litigation: Doc 834 -- PETITIONER'S MEMORANDUM OF LAW IN OPPOSITION TO RESPONDENTS' "MOTION TO DISMISS IMPROPER RESPONDENTS"". United States Department of Justice. http://docs.justia.com/cases/federal/district-courts/district-of-columbia/dcdce/1:2008mc00442/131990/834/0.pdf. Retrieved 2008-12-02. 
  9. Samuel C. Kauffman (2008-11-26). "Guantanamo Bay Detainee Litigation: Doc 1102 -- PETITIONER’S OPPOSITION TO GOVERNMENT’S MOTION FOR CLARIFICATION AND RECONSIDERATION OF NOVEMBER 6, 2008 CASE MANAGEMENT ORDER". United States Department of Justice. http://docs.justia.com/cases/federal/district-courts/district-of-columbia/dcdce/1:2008mc00442/131990/1102/0.pdf. Retrieved 2008-12-02.