Kabir v. Bush

Kabir v. Bush

Kabir v. Bush(Civil Action No. 05-cv-1704)is a writ of habeas corpus filed on behalf of several Guantanamo captives, including Bahtiyar Mahnut and Arkin Mahmud.

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."Arkeen Doe " and "Sadar Doe " weretwo of the captives whose privileged documents were seized.
US District Court Judge James Robertson presided over this habeas petition.

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] ]

Lead petitioner

On January 8 2007 the Center for Constitutional Rights published a list of "Lead Petitioners' Counsel in Guantanamo Habeas Cases".cite news
url=http://listproc.ucdavis.edu/archives/law-lib/law-lib.log0701/att-0174/01-GITMO_AttyList.pdf
title=Lead Petitioners' Counsel in Guantanamo Habeas Cases
publisher=Center for Constitutional Rights
date=Monday, January 8, 2007
accessdate=2008-06-11
quote= [http://www.webcitation.org/query?url=http%3A%2F%2Flistproc.ucdavis.edu%2Farchives%2Flaw-lib%2Flaw-lib.log0701%2Fatt-0174%2F01-GITMO_AttyList.pdf&date=2008-09-24 mirror] ] According to that list Elizabeth P. Gibson and Barbara Olshansky, of the Center for Constitutional Rights, were the lead attorneys for this petition.

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.

Uighur captives in Guantanamo

On July 18 2008
George M. Clarke III filed a "UIGHUR PETITIONERS’ STATUS REPORT" on behalf of the Uyghur captives in Guantanamo, including the captives listed in this petition.cite web
url=http://docs.justia.com/cases/federal/district-courts/district-of-columbia/dcdce/1:2008mc00442/131990/96/0.pdf
title=Guantanamo Bay Detainee Litigation: Doc 96 -- UIGHUR PETITIONERS’ STATUS REPORT
publisher=United States Department of Justice
author=George M. Clarke III
date=2008-08-18
accessdate=2008-08-22
quote= [http://www.webcitation.org/query?url=http%3A%2F%2Fdocs.justia.com%2Fcases%2Ffederal%2Fdistrict-courts%2Fdistrict-of-columbia%2Fdcdce%2F1%3A2008mc00442%2F131990%2F96%2F0.pdf&date=2008-08-22 mirror] ] On July 22 2008 Clarke filed a "UIGHUR PETITIONERS’ NOTICE OF FILING".cite web
url=http://docs.justia.com/cases/federal/district-courts/district-of-columbia/dcdce/1:2008mc00442/131990/171/0.pdf
title=Guantanamo Bay Detainee Litigation: Doc 171 -- UIGHUR PETITIONERS’ NOTICE OF FILING
publisher=United States Department of Justice
author=George M. Clarke III
date=July 22 2008
accessdate=2008-09-30
quote= [http://www.webcitation.org/query?url=http%3A%2F%2Fdocs.justia.com%2Fcases%2Ffederal%2Fdistrict-courts%2Fdistrict-of-columbia%2Fdcdce%2F1%3A2008mc00442%2F131990%2F171%2F0.pdf&date=2008-09-30 mirror] ] In the filing Clarke notified: "the Court and opposing counsel that counsel has delivered to the custody of the Court Security Officer, Uighur Petitioners’ Motion to Use CSRT Records Provided in DTA Action in This Case."

References


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