Mohabat Khan v. Bush
Mohabat Khan v. Bush (Civil Action No. 05-cv-1010) is a writ of habeas corpus filed on behalf of Guantanamo captive Mohabat Khan, before US District Court Judge Richard J. Leon.
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. Mohabat Khan's privileged documents were among those seized.
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 Shereen J. Charlick and Stephen D. Demik, Federal public defenders, as the counsel to the lead petitioner on this petition.
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 27 October 2008 Judry L. Subar, a Department of Justice official, filed a "NOTICE OF WITHDRAWAL OF APPEARANCE" before Thomas F. Hogan (TFH). Subar sought to have other parties who were listed as respondents, like former camp commandant Geoffrey Miller, to be withdrawn from this and other habeas petitions.