MAQALEH et al v. RUMSFELD et al
Filing
28
ORDER inviting respondents to provide the Court with additional information. See text of the Order for more details. Signed by Judge John D. Bates on 1/22/09. (lcjdb1)
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U N I T E D STATES DISTRICT COURT F O R THE DISTRICT OF COLUMBIA
FADI AL MAQALAH, et al., Petitioners, v. ROBERT GATES, et al., Respondents. Civil Action No. 06-1669
HAJI WAZIR, et al., Petitioners, v. ROBERT GATES, et al., Respondents. Civil Action No. 06-1697
AMIN AL BAKRI, et al., Petitioners, v. BARACK H. OBAMA, et al.,1 Respondents. Civil Action No. 08-1307
REDHA AL-NAJAR, et al., Petitioners, v. ROBERT GATES, et al., Respondents. Civil Action No. 08-2143
Former President George W. Bush was named as the original lead respondent in this c a s e . Pursuant to Federal Rule of Civil Procedure 25(d), the Court automatically substitutes his s u c c e s s o r , President Barack H. Obama, as the new lead respondent.
1
ORDER B e fo re the Court are respondents' motions to dismiss the above-captioned cases. The C o u rt has received extensive briefing from the parties and held a motions hearing on January 7, 2 0 0 9 . The Court also received a supplemental, classified filing from respondents on January 16, 2 0 0 9 . On January 22, 2009, the new Presidential administration issued an Executive Order in d ic a tin g significant changes to the government's approach to the detention, and review of d e t e n t io n , of individuals currently held at Guantanamo Bay. A different approach could impact t h e Court's analysis of certain issues central to the resolution of these cases as well. F o llo w i n g the January 22 Executive Order, the Court is providing the new administration w i th an opportunity to provide input regarding the definition of "enemy combatant" for use in the G u a n t a n a m o Bay detainee habeas cases. See Hamlily v. Bush, et al., Civ.A.No. 05-0763 (Dkt. N o . 140). Given the Executive Order and respondents' classified filing, the Court will provide th e new administration with the same type of opportunity in these Bagram Airfield habeas cases. Hence, the Court invites respondents to inform the Court, in writing and by not later than F e b ru a r y 20, 2009, whether they intend to refine their position in the above-captioned cases filed b y detainees held at Bagram Airfield. Based on that submission, the Court will decide whether fu r th e r briefing or some other course is appropriate. S O ORDERED. /s/ JOHN D. BATES United States District Judge
D a te :
January 22, 2009
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