Said Muhammed Salih Hatim v. George W. Bush

Said Muhammed Salih Hatim v. George W. Bush(Civil Action No. 05-cv-1429)is a writ of habeas corpus filed on behalf of at least two Guantanamo captives.cite web
url=http://www.scotusblog.com/movabletype/archives/Urbina%20motion%209-25-07.pdf
title=Abdulsalam Ali Abdulrahman Al Hela v. George W. Bush -- Saeed Mohammed Saleh Hatim v. George W. Bush
publisher=United States Department of Justice
author=David H. Remes
date=2007-09-25
accessdate=2008-09-30
quote= [http://www.webcitation.org/query?url=http%3A%2F%2Fwww.scotusblog.com%2Fmovabletype%2Farchives%2FUrbina%2520motion%25209-25-07.pdf&date=2008-09-30 mirror] ] cite web
url=http://docs.justia.com/cases/federal/district-courts/district-of-columbia/dcdce/1:2008mc00442/131990/152/0.pdf
title=Guantanamo Bay Detainee Litigation: Doc 152 -- STATUS REPORT
publisher=United States Department of Justice
author=David H. Remes, Marc D. Falkoff
date=2008-07-18
accessdate=2008-09-23
quote= [http://www.webcitation.org/query?url=http%3A%2F%2Fdocs.justia.com%2Fcases%2Ffederal%2Fdistrict-courts%2Fdistrict-of-columbia%2Fdcdce%2F1%3A2008mc00442%2F131990%2F152%2F0.pdf&date=2008-09-23 mirror] ]

On September 25 2007 David Remes filed a "MOTION TO RECONSIDER AND VACATE ORDER OF SEPTEMBER 20, 2007 DISMISSING CASES".ref name=CivilActionNo05cv1048/> His motion pointed out that the United States Department of Justice wanted to impose more restrictive contact between captives and their attorneys, when they filed a DTA appeal than that captives who had only had habeas corpus petitions filed on their behalf.

eizure of privileged lawyer-client documents

On June 10 2006 the Department of Defense reported that three captives died in custody.The Department of Defense stated the three men committed suicide.Camp authorities called the deaths "an act of assymetric warfare", and suspected plans had been coordinated by the captive's attorneys -- so they seized all the captives' documents, including the captives' copies of their habeas documents.cite web
url=http://www.pegc.us/archive/OK_v_Bush/govt_resp_to_GK_20060815.pdf
title=Respondents' response to Court's August 7, 2006 order
date=August 15 2006
publisher=United States Department of Defense
accessdate=2008-06-23 [http://www.webcitation.org/query?url=http%3A%2F%2Fwww.pegc.us%2Farchive%2FOK_v_Bush%2Fgovt_resp_to_GK_20060815.pdf&date=2008-08-18 mirror] ] Since the habeas documents were privileged lawyer-client communication the Department of Justice was compelled to file documents about the document seizures.
Saeed Mohammed Saleh Hatim and Mohammed Nasser Yahia Abdullah Khussrof were two of the captives whose privileged documents were seized.

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.cite news
url=http://natseclaw.typepad.com/natseclaw/files/Hamdan.28j.letter.pdf
title=NOTICE OF MILITARY COMMISSIONS ACT OF 2006
publisher=United States Department of Justice
author=Peter D. Keisler, Douglas N. Letter
date=2006-10-16
accessdate=2008-09-30
quote= [http://www.webcitation.org/query?url=http%3A%2F%2Fnatseclaw.typepad.com%2Fnatseclaw%2Ffiles%2FHamdan.28j.letter.pdf&date=2008-09-30 mirror] ]

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.

On July 18 2008 David Remes, Marc D. Falkoff filed a "status report" on behalf of Saeed Mohammed Saleh Hatim and Mohammed Nasser Yahia Abdullah Khussrof and fourteen other Guantanamo captives.

References