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- UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA =~ ..... . ~Jtt./bf "'A':TE" v I

MOHAMMED AL-ADAHI, et al.,

Petitioners,

v. Civil Action No. 05-280 (GK)

BARACK H. OBAMA, et al.,

Respondents.

ORDER

Two Petitioners in this case, Mohammed Al-Adahi and Zahar Omar

Khamis Bin Hamdoun, seek additional discovery of certain materials.

Upon consideration of Petitioner Al-Adahi's Motion for Additional Discovery Pursuant to the Court's April 2, 2009 Order [Dkt. No. 331], Petitioner Hamdoun's Motion for the same 1 [Dkt. No. 332], Al­

Adahi's Motion to Compel the Production of His Most Up-To-Date [Dkt. No. 339], the Oppositions, Replies, representations of the parties, and the entire record herein, it is hereby

ORDERED, that Al-Adahi's and Hamdoun's requests for materials

1 Hamdoun's Motion is titled uMotion for Additional Discovery and Interrogatory Pursuant to the Court's April 2, 2009 Order."

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the Government during -

related to the identity and qualifications of translators used by

interrogations of detainees are denied,

because they fail to meet the requirements under § I.E.2 of the

Case Management Order ("CMO"). The requests, while specific, are

purely speculative in terms of what they hope to obtain.

Petitioners have failed to show that the information is likely to

produce any evidence demonstrating unlawful detention as required

by § I.E.2 (3). Additionally, as the Government has described, some

of the information requested by Petitioners is contained in

documents which have already been produced to them. Finally, the

Court credits the Government's argument that uncovering the

requested information about translators would be overly burdensome;

and it is further

ORDERED, that Petitioner Hamdoun's Motion to Compel an answer

to his proposed interrogatory is denied~ The request is targeted,

but again fails to demonstrate how the information requested is

likely to produce evidence demonstrating unlawful detention. The

Government relies on one statement made during the period described

in the interrogatory; "circumstances evidence" pertaining to that

statement is contained in the _ itself, and the Government has

already conducted a search for additional evidence related to the

statement (which did not produce any material). Given the

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speculative nature of the request, and the fact that it requires a

burdensome global search for information outside the consolidated

files and throughout the government, the proposed interrogatory

fails to meet the requirements of the CMOj and it is further

ORDERED, that Petitioner Al-Adahi's request for production of

the most up-to-date is denied. The

lIIIis not a single document, but a compilation of many different

reports. Therefore, the request is not as targeted as Petitioner

represents. Further, Petitioner Al-Adahi can only speculate that

information in the u p d a t e d . will have any bearing on the

lawfulness of his detention. The open-ended request, although

perhaps not as burdensome to the Government to provide as the other

requests discussed, does not meet the requirements of § I.E.2(3).

May (}-, 2009 lsi tjJ Gladys Kessle ~~ United States District Judge .

Copies to: Attorneys of Record via ECF

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