HABEAS, TYPE-G U.S. District Court District of Columbia (Washington, DC) CIVIL DOCKET FOR CASE #: 1:05-cv-01601-GK RAZAK et al v. BUSH et al Assigned to: Judge Gladys Kessler Cause: 28:2241 Petition for Writ of Habeas Corpus (federa Date Filed: 08/11/2005 Jury Demand: None Nature of Suit: 530 Habeas Corpus (General) Jurisdiction: U.S. Government Defendant Petitioner HAMID AL RAZAK Detainee represented by Barbara J. Olshansky CENTER FOR CONSTITUTIONAL RIGHTS 666 Broadway 7th Floor New York, NY 10012 (212) 614-6439 Email: bjo@ccr-ny.org LEAD ATTORNEY ATTORNEY TO BE NOTICED Alan Sussman SUSSMAN OFFICE P.O. Box 379 Bearsville, NY 12409 (845) 679-6927 Email: sussman@bard.edu ATTORNEY TO BE NOTICED Petitioner BISHER AL RAWI As next friend of Hamid Al Razak represented by Barbara J. Olshansky (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Alan Sussman (See above for address) ATTORNEY TO BE NOTICED V. Respondent GEORGE W. BUSH President of the United States represented by Terry Marcus Henry U.S. DEPARTMENT OF JUSTICE P.O. Box 883 20 Massachusetts Avenue, NW Suite 7144 Washington, DC 20044 (202) 514-4107 Fax: (202) 616-8470 Email: terry.henry@usdoj.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED Preeya M. Noronha U.S. DEPARTMENT OF JUSTICE 20 Massachusetts Avenue, NW Room 7226 Washington, DC 20530 (202) 514-3338 Fax: (202) 616-8202 Email: preeya.noronha@usdoj.gov ATTORNEY TO BE NOTICED Respondent DONALD RUMSFELD Secretary, United States Department of Defense represented by Terry Marcus Henry (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Preeya M. Noronha (See above for address) ATTORNEY TO BE NOTICED Respondent JAY HOOD Army Brigadier General, Commander Joint Task Force-GTMO represented by Terry Marcus Henry (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Preeya M. Noronha (See above for address) ATTORNEY TO BE NOTICED Respondent MIKE BUMGARNER Army Colonel, or his successor, Commander, Joint Detention Operations Group-JTF- GTMO represented by Terry Marcus Henry (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Preeya M. Noronha (See above for address) ATTORNEY TO BE NOTICED Date Filed # Docket Text 08/10/2005 1 PETITION for Writ of Habeas Corpus (Filing fee $ 5.) filed by HAMID AL RAZAK, BISHER AL RAWI.(rje, ) Additional attachment(s) added on 8/12/2005 (rje, ). (Entered: 08/12/2005) 08/10/2005 SUMMONS Not Issued (rje, ) (Entered: 08/12/2005) 08/31/2005 2 MOTION for Order to Show Cause Why Case Should Not Be Dismissed for Lack of Proper "Next Friend" Standing or, in the Alternative, to Stay Proceedings Pending Related Appeals and for Continued Coordination by GEORGE W. BUSH, DONALD RUMSFELD, JAY HOOD, MIKE BUMGARNER. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D# 5 Exhibit E# 6 Text of Proposed Order # 7 Certificate of Service)(Noronha, Preeya) (Entered: 08/31/2005) 08/31/2005 3 MOTION to Stay proceedings pending related appeals and for continued coordination by GEORGE W. BUSH, DONALD RUMSFELD, JAY HOOD, MIKE BUMGARNER; (SEE DOCUMENT NO. 2 FOR THE IMAGE OF THE PLEADING). (rje, ) (Entered: 09/01/2005) 09/09/2005 4 Memorandum in opposition to motion re [3] 4 MOTION for Order to Show Cause Why Case Should Not Be Dismissed for Lack of Proper "Next Friend" Standing or, in the Alternative, to Stay Proceedings Pending Related Appeals and for Continued Coordination filed by HAMID AL RAZAK. (nmw, ) (Entered: 09/12/2005) 09/22/2005 5 REPLY to opposition to motion re 2 Order to Show Cause Why Case Should Not Be Dismissed for Lack of Proper "Next Friend" Standing or, in the Alternative, to Stay Proceedings Pending Related Appeals filed by GEORGE W. BUSH, DONALD RUMSFELD, JAY HOOD, MIKE BUMGARNER. (Attachments: # 1 Exhibit A# 2 Exhibit B)(Noronha, Preeya) (Entered: 09/22/2005) 09/22/2005 6 REPLY to opposition to motion re [3] Order to Show Cause Why Case Should Not Be Dismissed for Lack of Proper "Next Friend" Standing or, in the Alternative, to Stay Proceedings Pending Related Appeals (also filed as docket no. 5) filed by GEORGE W. BUSH, DONALD RUMSFELD, JAY HOOD, MIKE BUMGARNER. (Attachments: # 1 Exhibit A# 2 Exhibit B)(Noronha, Preeya) (Entered: 09/22/2005) 09/27/2005 7 RESPONSE to Motion to Compel Access to Counsel and Information Related to Medical Treatment filed by GEORGE W. BUSH, DONALD RUMSFELD, JAY HOOD, MIKE BUMGARNER. (Attachments: # 1 Exhibit A)(White, Edward) (Entered: 09/27/2005) 09/29/2005 8 MOTION to Compel ACCESS TO COUNSEL AND INFORMATION RELATED TO MEDICAL TREATMENT [PREVIOUSLY FILED WITH THE CSO AND CLEARED FOR PUBLIC FILING] by HAMID AL RAZAK. (Attachments: # 1 EXHIBITS A-M# 2 PETITIONERS' REPLY MEMORANDUM IN SUPPORT OF THEIR MOTION TO COMPEL ACCESS TO COUNSEL AND INFORMATION RELATED TO PETITIONERS' MEDICAL TREATMENT# 3 Text of Proposed Order) (Sussman, Alan) (Entered: 09/29/2005) 09/30/2005 9 NOTICE of Recent Decision by GEORGE W. BUSH, DONALD RUMSFELD, JAY HOOD, MIKE BUMGARNER (Attachments: # 1 Exhibit A# 2 Exhibit B)(White, Edward) (Entered: 09/30/2005) 10/11/2005 10 ORDER setting a hearing on Petitioners' Emergency Motion to Compel Access to Counsel and Information Related to Petitioners' Medical Treatment for Friday, October 14, 2005 at 9:30 a.m. Signed by Judge Gladys Kessler on 10/11/05. (CS, ) (Entered: 10/11/2005) 10/11/2005 11 ORDER that Petitioners shall provide further information to show cause by November 11, 2005 by this case should not be dismissed for lack of proper next friend standing; Respondents shall respond to Petitioners' submission by November 25, 2005 . Signed by Judge Gladys Kessler on 10/11/05. (CS, ) (Entered: 10/11/2005) 10/14/2005 Minute Entry for proceedings held before Judge Gladys Kessler: Motion Hearing held on 10/14/2005 re 8 MOTION to Compel ACCESS TO COUNSEL AND INFORMATION RELATED TO MEDICAL TREATMENT [PREVIOUSLY FILED WITH THE CSO AND CLEARED FOR PUBLIC FILING] filed by HAMID AL RAZAK; heard and taken under advisement. (Court Reporter Susan Tyner.) (tth, ) (Entered: 10/14/2005) 10/19/2005 12 SUPPLEMENTAL MEMORANDUM to Opposition to Petitioners' Motion to Compel filed by GEORGE W. BUSH, DONALD RUMSFELD, JAY HOOD, MIKE BUMGARNER. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D# 5 Exhibit E# 6 Exhibit F# 7 Exhibit G)(White, Edward) (Entered: 10/19/2005) 10/26/2005 13 ORDER on Petitioners' joint Emergency Motion to Compel Access to Counsel and Information Related to Petitioners' Medical Treatment (re-filed as a Preliminary Injunction) . Signed by Judge Gladys Kessler on 10/26/05. (CS, ) (Entered: 10/26/2005) 10/26/2005 14 MEMORANDUM OPINION on Petitioners' joint Emergency Motion to Compel Access to Counsel and Information Related to Petitioners' Medical Treatment. Signed by Judge Gladys Kessler on 10/26/05. (CS, ) (Entered: 10/26/2005) 11/02/2005 15 ORDER referring all motions pertaining to interpretation or construction of any protective order which has been entered in any of these cases to Magistrate Judge Alan Kay; referring to Magistrate Judge Kay all disputes pertaining to logistical issues, such as communications with or visits to clients and counsel. Signed by Judge Gladys Kessler, Chair of Calendar and Case Management Committee, on 11/2/05. (Entered: 11/02/2005) 11/09/2005 16 MOTION to Consolidate this Court's Order to Show Cause with that of an Order by Judge Oberdorfer and Transfer Same to his Court by HAMID AL RAZAK, BISHER AL RAWI. (nmw, ) (Entered: 11/14/2005) 11/09/2005 17 RESPONSE TO ORDER TO SHOW CAUSE why Petition Should not be Dismissed for Lack of "Next Friend" Standing by HAMID AL RAZAK, BISHER AL RAWI. (nmw, ) (Entered: 11/14/2005) 11/14/2005 MINUTE ORDER granting 16 Petitioner's Motion to Consolidate This Court's Order to Show Cause with That of an Order by Judge Oberdorfer and Transfer Same to His Court . Signed by Judge Gladys Kessler on 11/14/05. (CS, ) (Entered: 11/14/2005) 11/21/2005 18 NOTICE of Appearance by Terry Marcus Henry on behalf of GEORGE W. BUSH, DONALD RUMSFELD, JAY HOOD, MIKE BUMGARNER (Henry, Terry) (Entered: 11/21/2005) 11/22/2005 19 ORDER re Order to Show Cause 11 transferred to Judge Oberdorfer on November 14, 2005. Petitioners' Response to Order to Show Cause17 shall be treated as a response to November 4, 2005 Order to Show Cause issued by Judge Oberdorfer in response to similar motions in other cases; Respondents may file a response on or before Monday, November 28, 2005; show cause hearing will be held on Monday, December 5, 2005, at 11:00 a.m. in Courtroom 3. Signed by Judge Louis F. Oberdorfer on November 21, 2005. (AG) (Entered: 11/22/2005) 11/22/2005 Set/Reset Hearings: Show Cause Hearing set for 12/5/2005 at 11:00 AM in Courtroom 3 before Judge Louis F. Oberdorfer (rje, ) (Entered: 11/30/2005) 11/28/2005 20 RESPONSE to Petitioners' Memoranda Showing Cause Why Petition for Writ of Habeas Corpus Should Not Be Dismissed for Lack of "Next Friend" Standing filed by GEORGE W. BUSH, DONALD RUMSFELD, JAY HOOD, MIKE BUMGARNER. (Noronha, Preeya) (Entered: 11/28/2005) 12/01/2005 21 ORDER that, without objection, the hearing presently set for Monday, December 5, 2005, is CONTINUED, pending further order. Signed by Judge Louis F. Oberdorfer on December 1, 2005. (AG) (Entered: 12/01/2005) 01/04/2006 22 NOTIFICATION OF SUPPLEMENTAL AUTHORITY by respondents GEORGE WALKER BUSH, and DONALD RUMSFELD, et al. (Attachments: # 1 Exhibit)(jeb, ) (Entered: 01/04/2006) 06/09/2006 23 MOTION for Order Directing Respondents to Provide a Written Explanation/Statement by HAMID AL RAZAK. (nmw, ) (Entered: 06/13/2006) 06/23/2006 24 Memorandum in opposition to re 23 MOTION for Order filed by GEORGE W. BUSH, DONALD RUMSFELD, JAY HOOD, MIKE BUMGARNER. (Noronha, Preeya) (Entered: 06/23/2006) 06/29/2006 25 REPLY to opposition to motion re 23 MOTION for Order Directing Respondents to Provide a Written Explanation/Statement filed by HAMID AL RAZAK, BISHER AL RAWI. (nmw, ) (Entered: 06/30/2006) 07/03/2006 MINUTE ORDER setting telephone status conference regarding counsel access issues. Call will take place on Thursday, July 6, 2006 at 4:45 p.m. Chambers will initiate the call. Signed by Magistrate Judge Alan Kay on 7/3/2006. (lckay1, ) (Entered: 07/03/2006) 07/07/2006 26 MOTION for procedures related to review of certain detainee materials and Motion for expedited briefing by Respondents, GEORGE WALKER BUSH, et al. (Attachments: # 1 Exhibit A-Declaration of Harry B. Harris# 2 Exhibit B- Declaration of Carol Kishardt# 3 Text of Proposed Order for Briefing# 4 Text of Proposed Order regarding review of detainee materials)Associated Cases: (jeb) (Entered: 07/07/2006) 07/07/2006 27 NOTICE regarding steps taken in the wake of the Supreme Court's recent decision in Hamdan v. Rumsfeld by Respondents GEORGE WALKER BUSH, et al. (jeb, ) (Entered: 07/07/2006) 07/11/2006 28 MOTION for Protective Order by HAMID AL RAZAK, BISHER AL RAWI. (nmw, ) (Entered: 07/14/2006) 07/17/2006 MINUTE ORDER setting settlement conference regarding Respondents' Motion for Procedures Related to Review of Certain Detainee Materials. The mediation will take place in chambers on Wednesday, July 19, 2006 at 2:30 p.m. Certain designated representatives will attend on behalf of Habeas Petitioners. Signed by Magistrate Judge Alan Kay on 7/17/2006. (lckay1, ) (Entered: 07/17/2006) 07/17/2006 Set Hearings: Settlement Conference set for 7/19/2006 02:30 PM in Chambers before Magistrate Judge Alan Kay as set forth in the Court's Order this date. (Entered: 07/17/2006) 07/18/2006 29 Memorandum in opposition to re 26 MOTION for procedures related to review of certain detainee materials filed by HAMID AL RAZAK, BISHER AL RAWI. (nmw, ) (Entered: 07/19/2006) 07/20/2006 30 NOTICE OF WITHDRAWAL OF MOTION by GEORGE W. BUSH, DONALD RUMSFELD, JAY HOOD, MIKE BUMGARNER re 26 MOTION to Expedite MOTION for procedures related to review of certain detainee materials MOTION for procedures related to review of certain detainee materials (Henry, Terry) (Entered: 07/20/2006) 07/25/2006 31 Memorandum in opposition to re 28 MOTION for Protective Order filed by GEORGE W. BUSH, DONALD RUMSFELD, JAY HOOD, MIKE BUMGARNER. (Warden, Andrew) (Entered: 07/25/2006) 07/27/2006 32 REPLY to opposition to motion re 28 MOTION for Protective Order filed by HAMID AL RAZAK, BISHER AL RAWI. (nmw, ) (Entered: 07/28/2006) 09/19/2006 MINUTE ORDER granting 23 Petitioner's Motion for Order; Respondents shall file and serve upon Petitioner's counsel a written explanation as to why they are continuing to detail Petitioner in the Guantanamo Bay detention facility, including, but not limited to, a declassified Factual Return no later than December 15, 2006; Respondents shall serve upon Petitioner's counsel a statement as to whether Petitioner is incarcerated at Guantanamo Bay and what is correct Internment Serial Number (ISN) is no later than October 15, 2006 . Signed by Judge Gladys Kessler on 9/15/06. (CS, ) (Entered: 09/19/2006) 09/19/2006 33 ORDER granting 28 Petitioner's Motion for Expedited Entry of the Protective Order . Signed by Judge Gladys Kessler on 9/15/06. (CS, ) (Entered: 09/19/2006) 10/06/2006 34 REPORT AND RECOMMENDATION to Oberdorfer, J., re Order of Nov. 4, 2005, directing the undersigned to resolve issues of access to counsel. Signed by Magistrate Judge Alan Kay on 10/6/2006. (lckay1, ) Additional attachment(s) added on 10/18/2006 (lckay1, ). (Entered: 10/06/2006) 10/13/2006 35 RESPONSE TO ORDER OF THE COURT re Order on Motion for Order,, filed by GEORGE W. BUSH, DONALD RUMSFELD, JAY HOOD, MIKE BUMGARNER. (Noronha, Preeya) (Entered: 10/13/2006) 10/18/2006 36 NOTICE of Filing Military Commission Act by Respondents. (Attachments: # 1 Military Commision Act of 2006) (Entered: 10/18/2006) 10/26/2006 37 OBJECTION to 34 Report and Recommendations filed by GEORGE W. BUSH, DONALD RUMSFELD, JAY HOOD, MIKE BUMGARNER. (Attachments: # 1 Tab 1# 2 Tab 2# 3 Tab 3)(Noronha, Preeya) (Entered: 10/26/2006) 11/21/2006 38 NOTICE Regarding the Unconstitutionality of the Military Commissions Act of 2006 by HAMID AL RAZAK, BISHER AL RAWI (nmw, ) (Entered: 11/21/2006) 11/21/2006 39 RESPONSE in Opposition re 37 Objection to Report and Recommendations filed by HAMID AL RAZAK, BISHER AL RAWI. (nmw, ) (Entered: 11/21/2006) 11/21/2006 40 NOTICE of Filing by HAMID AL RAZAK, BISHER AL RAWI (nmw, ) (Entered: 11/21/2006) 12/01/2006 41 MEMORANDUM ORDER denying 2 Respondents' Motion for Order to Show Cause, and granting [3] Respondents' Motion to Stay Proceedings Until Conclusion of the Related Appeals; this stay shall not prevent the parties from filing any motion for emergency relief; Petitioner's counsel are to be given access to Petitioner as soon as they obtain security clearances in accordance with this Court's September 19, 2006 Order and the Orders referenced therein. Signed by Judge Gladys Kessler on 12/1/06. (CS, ) (Entered: 12/01/2006) { PACER - 12/03/2006 09:21:03 - CBG }