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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA ABU WA’EL (JIHAD) DHIAB (ISN 722),

Petitioner

, v. BARACK H. OBAMA,

et al

.,

Respondents

. Civil Action No. 05-CV-1457 (GK)

RESPONDENTS’ NOTICE OF FILING OF PUBLIC VERSIONS OF RESPONDENTS’ AND PETITIONER’S BRIEFS RELATED TO PETITIONER’S APPLICATION FOR PRELIMINARY INJUNCTION

In accordance with the representation made by Respondents’ counsel during the Status Conference held in the above-captioned case on May 21, 2014, and pursuant to the Protective Order & Procedures for Counsel Access to Detainees at the United States Naval Base in Guantanamo Bay, Cuba (Sep. 11, 2008) (ECF No. 57) (“Protective Order”), Respondents hereby provide the Court and Petitioner, and file on the docket, public versions of the following briefs:

•

Petitioner’s Supplemental Memorandum In Support Of Petitioner’s Application For Preliminary Injunction (filed under seal on April 18, 2014) (ECF No. 208);

•

Respondents Opposition To Petitioner’s Application For A Preliminary Injunction (filed under seal on May 7, 2014) (ECF No. 214);

•

Petitioner’s Reply Memorandum In Support of Petitioner’s Application For Preliminary Injunction (May 12, 2014) (ECF No. 215).

Case 1:05-cv-01457-UNA Document 226 Filed 05/23/14 Page 1 of 3

See

Exhibits 1-3.

1

The unredacted versions of these briefs were filed under seal because they contained information designated as “protected information” by the Government.

See

Protective Order ¶¶ I.B.10 (defining “protected information”) & I.E.49 (authorizing under seal filing of documents containing protected information). The attached public versions have been redacted to shield that protected information. As the Protective Order contemplates, the parties still need to confer regarding the redacted versions of the attached briefs to determine whether Petitioner objects to any of the redactions.

See

Protective Order ¶ I.E.34. Once Petitioner notes his objections, if any, Respondents suggest that the parties propose a briefing schedule to the Court so that the matter may be properly presented for decision.

See id

. Dated: May 23, 2014 Respectfully submitted, STUART F. DELERY Assistant Attorney General JOSEPH H. HUNT Branch Director TERRY M. HENRY Assistant Branch Director

/s/ Andrew I. Warden

ANDREW I. WARDEN (IN Bar 23840-49) TIMOTHY B. WALTHALL PATRICK D. DAVIS United States Department of Justice Civil Division, Federal Programs Branch 20 Massachusetts Avenue, NW

1

Respondents note that public versions of corresponding documents pertaining to the nearly identical preliminary-injunction applications filed in two other cases,

Hassan v. Obama

, Civ. Action No. 04-1194 (TFH), and

Rabbani v. Bush

, Civ. Action No. 05-1607 (RCL) shortly will be filed on the public docket in those cases. To the extent further litigation ensues regarding the propriety of the redactions in the public versions of the documents filed in this case,

Hassan

, and

Rabbani

,

see infra

, the Court should coordinate such litigation between the cases so as to promote efficient use of the Court’s and parties’ resources, as well as prevent potentially inconsistent rulings in the cases regarding the appropriate public versions of the same information and materials.


Washington, DC 20530 Tel: 202.616.5084 E-mail: Andrew.Warden@usdoj.gov Counsel for Respondents
