Khan v. Bush (Civil Action No. 05-cv-2466)

Khan v. Bush (Civil Action No. 05-cv-2466) is a writ of habeas corpus filed on behalf of Guantanamo captive Anwar Khan .

Lead Counsel

In January 2007 the Center for Constitution Rights published a list of the counsels of the "lead petitioners" in the captives various habeas petitions. The list records Gitanjali Gutierrez of the Center for Constitutional Rights as the counsel to the lead petitioner on this petition.

Seizure of privileged lawyer-client documents

On June 10 2006 the Department Of Defense reported that three captives died in custody. The Department of Defense stated the three men committed [...]. Camp authorities called the deaths "an act of asymmetric warfare", and suspected plans had been coordinated by the captive's attorneys -- so they seized all the captives' documents, including the captives' copies of their habeas documents. Since the habeas documents were privileged lawyer-client communication the Department of Justice was compelled to file documents AbOUT the document seizures. The motion listed Anwar Khan's privileged communications as among those seized.

Military Commissions Act

The Military Commissions Act of 2006 mandated that Guantanamo captives were no longer entitled to access the US civil justice system, so all outstanding habeas corpus petitions were stayed.

Boumediene v. Bush

On June 12 2008 the United States Supreme Court ruled, in Boumediene v. Bush, that the Military Commissions Act could not remove the right for Guantanamo captives to access the US Federal Court system. And all previous Guantanamo captives' habeas petitions were eligible to be re-instated. The judges considering the captives' habeas petitions would be considering whether the evidence used to compile the allegations the men and boys were enemy combatants justified a classification of "enemy combatant".

On 3 July 2008 US District Court Judge Thomas F. Hogan listed Anwar Khan on a list of habeas petitioners who continued to seek relief for their detention, even though they had been released or repatriated.