Mahmoad Abdah v. George W. Bush

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Abdah v. Bush (Civil Action No. 04-cv-1254) is a habeas corpus petition filed on behalf of a number of Guantanamo captives.[1] Corporate attorneys David Remes and Marc D. Falkoff are the lead petitioners on this petition.[2] The petition was heard before US District Court Judge Henry H. Kennedy Jr..[3]

Captives whose habeas corpus petitions were amalgamated into Civil Action No. 04-cv-1254 include:

Civil Action No. 04-CV-1254
27 Uthman Abdul Rahim Mohammed Uthman
31 Mahmoud Abd Al Aziz Abd Al Mujahid
32 Faruq Ali Ahmed
37 Abd Al Malik Abd Al Wahab
41 Majid Mahmud Abdu Ahmad
69 Sadeq Muhammad Sa’id Ismail
  • Repatriated.
117 Muktar Yahya Najee Al Warafi
156 Allal Ab Aljallil Abd Al Rahman Abd (Adnan)
  • Tribunal President ruled that his request for the hospital records that showed he was being treated for a mental disorder when the allegations stated he was engaged in terrorist activities was "not timely".[4]
  • When his lawyers met with him they found he had dropped from 150 to 100 pounds—the unexplained weight loss was not due to hunger striking. They filed emergency motions requesting his medical records, and that he should be provided with a pillow and a mattress.[5]
  • US District Court Judge Thomas F. Hogan ruled against the emergency motion.[6]
165 Adil Said Al Haj Obeid Al Busayss
  • Has been cleared for repatriation.
508 Salman Yahya Hassan Mohammed Rabeii
522 Yasin Qaem Muhammad Ismail
577 Jamal Muhammad ‘Alawi Mar’i
681 Mohammed Mohammed Hassen
  • Has been cleared for repatriation.

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.[7]

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.

Re-initiation

On 24 October 2008 United States Department of Justice official P. Michael Truman filed a "NOTICE OF FILING OF PROTECTED INFORMATION UNDER SEAL" with regard to Farouk Ali Ahmed Saif and Majid Mahmoud Ahmed.[8] Truman argued that the Government wasn't required to confine itself to the evidence it had used during the men's Combatant Status Review Tribunals in 2004, but could use additional evidence available in 2008.

References

  1. David H. Remes, Marc D. Falkoff (2008-07-18). "Guantanamo Bay Detainee Litigation: Doc 152 -- STATUS REPORT". United States Department of Justice. http://docs.justia.com/cases/federal/district-courts/district-of-columbia/dcdce/1:2008mc00442/131990/152/0.pdf. Retrieved 2008-09-23. 
  2. "Lead Petitioners' Counsel in Guantanamo Habeas Cases". Center for Constitutional Rights. Monday, January 8, 2007. http://listproc.ucdavis.edu/archives/law-lib/law-lib.log0701/att-0174/01-GITMO_AttyList.pdf. Retrieved 2008-06-11. 
  3. "Respondents' response to Court's August 7, 2006 order". United States Department of Defense. August 15, 2006. http://www.pegc.us/archive/OK_v_Bush/govt_resp_to_GK_20060815.pdf. Retrieved 2008-06-23. 
  4. "Allal Ab Aljallil Abd Al Rahman Abd v. George W. Bush -- Civil Action No. 04-CV-1254 (HKK)". United States Department of Defense. 2004-10-18. pp. pages 56–79. http://www.dod.mil/pubs/foi/detainees/csrt_arb/publicly_filed_CSRT_records_815-893.pdf#56. Retrieved 2008-09-23. 
  5. Marc D. Falkoff (2008-09-17). "Guantanamo Bay Detainee Litigation: Doc 260 -- NOTICE OF FILING AND SUMMARY OF EMERGENCY MOTION TO COMPEL ACCESS TO MEDICAL RECORDS OF PETITIONER ADNAN FARHAN ABDUL LATIF AND FOR OTHER MISCELLANEOUS RELIEF". United States Department of Justice. http://docs.justia.com/cases/federal/district-courts/district-of-columbia/dcdce/1:2008mc00442/131990/260/0.pdf. Retrieved 2008-09-23.  mirror
  6. Thomas F. Hogan (2008-09-22). "Guantanamo Bay Detainee Litigation: Doc 471". United States Department of Justice. http://docs.justia.com/cases/federal/district-courts/district-of-columbia/dcdce/1:2008mc00442/131990/471/0.pdf. Retrieved 2008-09-23.  mirror
  7. 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
  8. P. Michael Truman (2008-10-24). "Guantanamo Bay Detainee Litigation: Doc 793 -- NOTICE OF FILING OF PROTECTED INFORMATION UNDER SEAL". United States Department of Justice. http://docs.justia.com/cases/federal/district-courts/district-of-columbia/dcdce/1:2008mc00442/131990/793/0.pdf. Retrieved 2008-12-29.