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IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA


MOHAMMAD AHMAD GHULAM
RABBANI,

Petitioner/Plaintiff,

v.

BARACK H. OBAMA, et al.,

Respondents/Defendants.



Civ. No. 05-1607 (RCL)


APPLICATION FOR PERMISSION TO FILE
DECLARATION OF CORTNEY BUSCH


Pursuant to LCvR 65.1(c), Petitioner requests permission to file the attached Declaration of
Cortney Busch (“Busch Decl.”) in support of Petitioner’s application for preliminary injunction.
Respondents’ counsel have advised Petitioner’s counsel that Respondents will reserve their position
on the motion until they review the declaration and the reasons why it is being submitted at this time.
The declaration describes a May 5 and May 7, 2014 visit between Petitioner and a member of
his legal team, Cortney Busch, the Operations Manager and a security-cleared paralegal with the
legal action charity Reprieve. Busch Decl. ¶¶1-2. Earlier this week Ms. Busch received a cleared
copy of her notes of the visits. Id. ¶2. During the visits, Ms. Busch observed the following: Mr.
Rabbani was very frail and thinner than he had been when she met with him in August 2013. Id. ¶4.
During the visits Petitioner described, among other things, how a series of recent force-feedings had
been done incorrectly, resulting in a painful chest infection, raw nostrils and throat, an inability to
breathe, and caused him to repeatedly vomit, including vomiting blood, and to lose consciousness.
Id. ¶¶5-27. For example, on April 25, 2014, Mr. Rabbani was brought to the force-feeding by the
Case 1:05-cv-01607-RCL Document 326 Filed 05/22/14 Page 1 of 4
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“Forcible Cell Extraction” (FCE) team. Id. ¶6. The feeding tube did not reach his stomach and
instead turned upwards at the end of his throat. Id. Mr. Rabbani could feel the liquid pushing up his
throat and dripping back down. Id. ¶7. He eventually coughed up the tube. Id. On April 26, 2014,
the feeding tube was again inserted incorrectly causing Mr. Rabbani to feel like the tube was
“pushed up into [his] brain.” Id. ¶¶8-9. On April 27, 2014, Mr. Rabbani experienced chest pain,
vomited blood numerous times, and twice lost consciousness. Id. ¶¶10-11. Despite his condition, he
was taken by the FCE team to the feeding chair, where he continued to vomit. Id. ¶¶12-13. Two
days later, on Tuesday, April 29, 2014, Mr. Rabbani was brought to the feeding chair by the FCE
team where it took four attempts to insert the feeding tube, which caused Mr. Rabbani to scream in
pain. Id. ¶¶16-18. On Wednesday, April 30, 2014, after five minutes of feeding, and after three
attempts to insert the feeding tube, Mr. Rabbani could feel the feeding liquid pooling in his throat.
Id. ¶¶19-20. He could not breathe and started to cry and cough. Id. ¶20. Once the tube was
removed he vomited blood. Id. ¶22. After remaining in the feeding chair for another thirty minutes,
the force-feeding began again after multiple failed insertions. Id. ¶¶23-25. On Friday, May 2, 2014,
the nurse incorrectly inserted and removed the feeding tube three times. Id. ¶27. As a result of the
mistakes made during his force-feedings, Mr. Rabbani was left screaming in pain from his chest
infection and raw nostrils and throat. Id.
Mr. Rabbani stated that when he vomits, which typically occurs after each feeding in the
feeding chair, the FCE team puts a mask or cover over his face, resulting in vomit covering his face
and going into his eyes, ears and hair. Id. ¶28. He detailed a new system of force-feeding whereby
certain men are declared to have gained enough weight so that they no longer need to be force fed.
Id. ¶29. These men are then not fed for days or weeks at a time and lose weight, at which time the
force feeding resumes. Id. Mr. Rabbani believes the objective of this new procedure is to reduce the
Case 1:05-cv-01607-RCL Document 326 Filed 05/22/14 Page 2 of 4
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official number of men being force fed at any given time. Id. This happened to him in J anuary 2014
when it was declared he weighed 111.5 lbs. Id. ¶30. After not being force fed for ten days his
weight dropped to 105.6 and the force feeding resumed. Id. This process causes the men to become
frail and weak and their stomachs to shrink so that when feeding resumes it causes pain. Id. ¶31.
Mr. Rabbani also discussed the difference in feeding between morning and night, with night time
feedings being more chaotic and the feeding process sped up. Id. ¶32.

Respectfully submitted,

/s/ J on B. Eisenberg
JON B. EISENBERG (CA State Bar #88278)
1970 Broadway, Suite 1200
Oakland, CA 94612
(510) 452-2581
jeisenberg@horvitzlevy.com





/s/ Cori Crider
REPRIEVE
Clive Stafford Smith (LA Bar #14444)
Cori Crider (NY Bar #4525721)
Alka Pradhan (D.C. Bar #1004387)
P.O. Box 72054
London EC3P 3BZ
United Kingdom
011 44 207 553 8140
clive.stafford.smith@reprieve.org.uk
cori@reprieve.org.uk
alka.pradhan@reprieve.org
Case 1:05-cv-01607-RCL Document 326 Filed 05/22/14 Page 3 of 4
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Dated: May 22, 2014


/s/ Eric L. Lewis
LEWIS BAACH PLLC
Eric L. Lewis (D.C. Bar #394643)
Elizabeth L. Marvin (D.C. Bar #496571)
1899 Pennsylvania Avenue, NW, Suite 600
Washington, DC 20006
(202) 833-8900
eric.lewis@lewisbaach.com
elizabeth.marvin@lewisbaach.com

Counsel for Petitioner/Plaintiff

Case 1:05-cv-01607-RCL Document 326 Filed 05/22/14 Page 4 of 4

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