Mohammed Abdullah Taha Mattan v. Barack H. Obama ( 2013 )

lN THE UNITED STATES DISTRICT COURT
FOR 'I`HE DISTRICT OF COLUMBIA
SHARQAWI ABDU ALI AL-HAJJ (ISN 1457)
Petitioner,
Civil Action No. 09-745 (RCL)
V.
BARACK OBAMA, President of the
United States, et al.,
Respondents.
§/\/\/\/L\J\J\/\J\J\I\J
STIPULATION AND ORDER REGARDING
PE'I`ITIONER’S CONTINUED ACCESS TO COUNSEL
WHEREAS this case was terminated pursuant to the Court’s Order of October 27, 2011,
dismissing Petitioner Sharqawi Abdu Ali al-Hajj’s petition for writ of habeas corpus without
prejudice;
WHEREAS Petitioner wishes to maintain access to counsel on the terms provided in the
Protective Order and Procedures for Counsel Access to Detainees at the United States Naval
Base in Guantanamo Bay, issued by Judge Hogan on September l1, 2008, ln re: Guantanamo
Bay Detaz`nee Litig., Misc. No. 08-442 (TFH) (Dkt. No. 235), and entered in this case on the
same date (Dkt. No. 573) (hereinafter, the "Protective Order"); and
WHEREAS respondents do not object to Petitioner’s continued access to counsel on the
terms provided below,
IT IS HEREBY STIPULATED AND GRDERED THAT:
l. The Protective Order shall remain in effect and continue to govern Petitioner’s
access to counsel while he remains confined at Guantanamo Bay and has the right to seek
further relief by habeas corpus, whether or not he actually continues to_ have a petition
pending before the Court.
2. This Stipulation and Order is without prejudice to the parties’ rights to seek to set
aside, rnodify, or otherwise obtain relief from any provision herein or of the P_rotective
Order on any ground which could be or could have been raised at any time.
3. This Stipulation and Order supersedes the parties’ Memorandum of
Understanding Governing Continued Contact Between Counsel/Translator and Detainee
Following Termination of The Detainee’s Habeas Case executed by counsel for
Petitioner on August 13, 2012.
4. The Court shall retain jurisdiction to enforce the terms of this Stipulation and
Order.
SEEN AND AGREED TO:
/s/John A. Chandler
John A. Chandler
KING & SPALDING LLP
1180 Peachtree Street, N.E.
Atlanta, Georgia 30309-3521
Telephone: (404) 5'72-4600
Facsimile: (404) 572-5l00
Attorney for Petitioner
STUART F. DELERY
Principal Deputy Asst. Attorney General
IAN GERSHENGORN
Deputy Assistant Attorney General
JOSEPH H. HUNT
Director
TERRY HENRY
JAMES G. GILLIGAN
Assistant Branch Directors
/s/ Scott D. Levin
ANDREW I. WARDEN
SCOTT D. LEVIN
U.S. Depaitment of Justice
Civil Division, Federal Programs Branch
20 Massachusetts Ave., NW
Washington, DC 20530
(202) 6].6-5084
Fax: (202) 305-2685
Attorneys for Respondents
so oRDERED this ?°%day or ga reh , 2013.
3m %MM
UNITE']D STATES DISTRICT JUDGE