Shafiiq v. Obama, 951 F. Supp. 2d 13

Barhoumi, a native of Algeria, was captured in Faisalabad, Pakistan in Feb 2002 after traveling from Algeria and Afghanistan.
He trained at Khaldan camp linked to Abu Zubaydah and was alleged to be part of Zubaydah’s militia, an associated force engaged against the US under the AUMF.
He was detained at Guantánamo Bay and his habeas petition was denied in 2009 after findings he was part of Zubaydah’s organization by a preponderance of the evidence.
Barhoumi challenged the final judgment under Rule 60(b)(2) based on newly discovered evidence from interrogations and a diary allegedly authored by al-Suri.
The government disclosed additional classified materials in 2010, raising issues of late production and discovery obligations under the Guantánamo Case Management Order.
The court held that the newly discovered evidence did not probably change the outcome of the habeas proceeding and denied relief.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether Rule 60(b)(2) relief is warranted.	Barhoumi argues new evidence existed and could alter outcome.	Government contends evidence is not controlling or admissible to change result.	Relief denied; evidence not likely to change outcome.
Effect of harsh interrogation on reliability of statements.	Interrogations in 2003 tainted later statements.	No showing that later statements were affected.	No proven impact on later statements; not sufficient for relief.
Authorship reliability of the al-Suri diary.	Diary possibly authored by someone other than al-Suri, undermining reliability.	Diary contains reliability indicia regardless of author identity.	Diary reliability sustained; author identity change not proven to alter outcome.
Sanctions for late production of documents.	Government failed to timely disclose exculpatory materials; sanctions warranted.	No sanctions should be imposed under discovery rules due to complexities of habeas practice.	No sanctions imposed; discovery issues not warranting relief.
Effect of potential plagiarism theories on outcome.	Plagiarism evidence undermines al-Suri diary credibility.	Comparative textual similarities do not prove plagiarism or alter reliability.	Not sufficiently persuasive to change outcome.

Lightfoot v. District of Columbia, 555 F. Supp. 2d 61 (D.D.C. 2008) (newly discovered evidence must be material and probably change outcome)
Int’l Bhd. of Teamsters, 247 F.3d 370 (2d Cir. 2001) (onerous standard for relief under Rule 60(b))
In re Korean Air Lines, 156 F.R.D. 18 (D.D.C. 1994) (four-part test for 60(b)(2) relief)
Barhoumi v. Obama, 609 F.3d 416 (D.C.Cir. 2010) (review of Guantánamo detainee’s detention; diary reliability; associated force doctrine)
Parhat v. Gates, 532 F.3d 834 (D.C.Cir. 2008) (reliability of intelligence reports; contrasts with al-Suri diary)
Boumediene v. Bush, 553 U.S. 723 (U.S. 2008) (constitutional habeas rights for Guantanamo detainees)
Anam v. Obama, 696 F. Supp. 2d 1 (D.D.C. 2010) (harsh interrogation and tainted confessions in habeas review)
Mousavi v. Obama, 916 F. Supp. 2d 67 (D.D.C. 2013) (top secret material and disclosure considerations in habeas cases)