Alsawam v. Obama
764 F. Supp. 2d 11
D.D.C.2011Background
- Petitioner Tariq Mahmoud Alsawam challenges the Government's designation of non-classified 'protected information' from the Rester Documents in his Guantanamo detention case.
- The Government asserts certain information in the Rester Documents is highly sensitive and necessary to protect national security interests.
- The Protective Order governs designation of 'protected information' and restricts disclosure to counsel, the Court, and Court staff unless the Court or Government authorizes otherwise.
- The Rester Documents include Paul B. Rester's interrogatory responses and a stipulation regarding his potential testimony at trial.
- The court finds the Government's designation justified for some information, denies disclosure for all information, and grants in part and denies in part the Government's motion to confirm, with further proceedings on Category 3 exclusions.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Category 1 information may be protected | Alsawam seeks disclosure; argues no need for protection. | Government asserts Category 1 information is highly sensitive and harms national security if disclosed. | Government's burden met; Category 1 information protected. |
| Whether Category 2 information may be protected | Alsawam seeks disclosure of Category 2 information. | Government asserts safeguarding Category 2 information is necessary to protect national security. | Government's burden met; Category 2 information protected. |
| Whether Category 3 information may be protected, and whether two Category 3 statements are exempt | Alsawam seeks disclosure of Category 3 information. | Government asserts Category 3 information should be protected; two statements may relate to protected matters. | Government's burden met for Category 3 information; two Category 3 Excluded Statements denied without prejudice. |
Key Cases Cited
- Bismullah v. Gates, 501 F.3d 178 (D.C.Cir. 2007) (must provide tailored rationale for withholding nonclassified information)
- Parhat v. Gates, 532 F.3d 834 (D.C.Cir. 2008) (provides standard for tailored justification and deference to executive assessments)
- Ameziane v. Obama, 620 F.3d 1 (D.C.Cir. 2010) (narrower protective categories receive more tailored justifications)
- Fitzgibbon v. Central Intelligence Agency, 911 F.2d 755 (D.C.Cir. 1990) (official disclosure standard requires a documented official disclosure)
- Wolf v. Central Intelligence Agency, 473 F.3d 370 (D.C.Cir. 2007) (public-domain information may still cause harm absent official disclosure)
- Bacha v. Obama, 653 F. Supp. 2d 32 (D.D.C. 2009) (officially acknowledged disclosures are required for disclosure in this context)