864 F. Supp. 2d 1
D.D.C.2012Background
- detainee at Guantanamo Bay; petitioner Tariq Mahmoud Al Sawah files a [250/255] Motion to Compel Discovery regarding government disclosures; government opposes; court holds discovery in part is warranted and orders specific production/denials with deadlines; CM0 governs discovery (I.D.1, I.E.1, I.E.2) and requires narrowly tailored requests with good cause; court discusses timeliness and judicial estoppel but declines to bar discovery; nine categories of requested discovery are adjudicated with partial grants/denials; final order issued April 10, 2012 with May 1, 2012 production deadlines or justifications.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Scope of exculpatory evidence under the CMO | Al Sawah seeks broad exculpatory materials. | Government argues limits per CMO; requests overbroad. | Limited to narrowly tailored exculpatory materials under CMO I.D.1/I.E.1/I.E.2. |
| Photographs and identity-related materials (Request No. 1) | Photographs used to challenge Hicks/Zubair/Al Gharise identifications. | Some photos not relevant or overly broad. | Granted in part; (i) Hicks photo, (ii) Zubair photos, (iii) Al Gharise photos, with production by May 1, 2012. |
| Detainee log and INTREP logs (Request No. 2) | Unidentified entries may show mental deterioration; broader data should be disclosed. | Production of all entries is unnecessary and overbroad. | Denied as framed; government to certify/produce or justify by May 1, 2012. |
| Noncombatants at Tora Bora (Request No. 5) | Evidence tending to undermine detention includes noncombatant presence. | Evidence unlikely to undermine detention; too vague. | Denied without prejudice; require narrow narrowing and joint status report by May 1, 2012. |
| Interrogations June–Oct 2002 (Request No. 8) | Coercive tactics and surrounding circumstances may affect mental condition. | Limitations on scope and relevance. | Granted in part; provide those portions relating to surrounding circumstances/coercive tactics or mental condition; otherwise denied. |
Key Cases Cited
- New Hampshire v. Maine, 532 U.S. 742 (2001) (clarifies inconsistent litigation positions and estoppel considerations)
- Salahi v. Obama, 625 F.3d 745 (D.C.Cir. 2010) (relevance of evidence and comprehensive view of detention)
- Hutchins v. District of Columbia, 188 F.3d 531 (D.C.Cir. 1999) (courts may discard cursory footnote arguments)
- Uthman v. Obama, 637 F.3d 400 (D.C.Cir. 2011) (combatant vs. noncombatant considerations in detention)