Case Document 1 Filed 09/21/17 Page 1 of 18

UNITED STATES DISTRICT COURT

DISTRICT OF COLUMBIA

NASHWAN AL-RAMER ABDULRAZZAQ,
aka Abdul Hadi a1 Iraqi, ISN 10026
Detainee, US. Naval Station, Guantanamo
Bay,

Petitioner,

V.

DONALD J. TRUMP, President,

JAMES N. MATTIS, Secretary of Defense,

HARVEY RISHIKOF, Convening Authority For
Military Commissions,

CAPTAIN DAVID CULPEPPER, Base
Commander, US. Naval Station,
Guantanamo Bay

REAR ADMIRAL EDWARD, B. CASHMAN,
Commander Joint Detention Force, US.
Naval Station, Guantanamo Bay,

Respondents.

 

 

Case: 

Assigned To Sullivan, Emmet G.
Assign. Date 9/21/2017
Description: Habeas Corpus/2255

Civil Action No.

Related Case:
Civil Action No. 09-1462 (EGS)

PETITION FOR WRIT OF HABEAS CORPUS

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Case Document 1 Filed 09/21/17 Page 2 of 18

PRELIMINARY STATEMENT

This Petition challenges a years'-long course of unconstitutional conditions of
con?nement of Petitioner by the United States through deliberate and callous withholding of
medical care essential for Petitioner's life, health and ability to defend himself against criminal
charges pending before the Military Commission at US. Naval Station, Guantanamo Bay
(?Guantanamo?). Beginning nearly ten years ago while in US. custody Petitioner began to
experience consistent and increasingly debilitating degenerative disease affecting his spine and
nervous system. Over time, Petitioner has had increasing pain in his extremities and decreasing
ability to sit and walk. His condition has increasingly limited his ability to participate in his own
defense, and at present makes that impossible. As explained below, his degenerative condition
has been exacerbated by the sometimes violent treatment he has experienced at the hands of
prison guards.

The United States has been deliberately indifferent to Petitioner's urgent medical needs
and requests for care, and has consistently failed to provide him with medical care consistent
with applicable minimum treatment standards. The United States has also refused Petitioner's
requests for current medical records so that he and his counsel could accurately evaluate his
medical state and needs.

In the latter part of August 2017, Petitioner experienced a life-threatening cascade of
worsening including loss of control of bodily functions and extremities and great
pain. On September 1, supported by written submissions from civilian medical doctors,
Petitioner urgently sought effective appointment of a quali?ed independent medical expert to
evaluate Petitioner and recommend appropriate medical interventions from Respondent Rishikof,
from whom there was no timely response. A few days later, in a sudden, implicit
acknowledgement of the calamity it had imposed on Petitioner, the United States ?ew medical

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personnel to Guantanamo in the face of the approaching Hurricane Irma to perform emergency
surgery on Petitioner on September 5th. No notice of this or other communication about the
surgery was provided to his counsel or to the doctors who had urged the United States to act.

From the Petitioner himself counsel learned that the surgery was unsuccessful in arresting
his neurological issues, loss of bodily function, and pain. Though he was initially told any
further surgery would have to wait for some months while he recuperated, a second surgery was
decreed within days and was to occur on September 18, 19 or 20. On September 18, counsel
?nally received Respondent Rishikofs response to Petitioner?s September 1 urgent request for
the aid of an independent medical consultant: he denied the request, noting Petitioner was
scheduled for more surgery during the coming week. Counsel have had no meaningful
information about the second surgery other than that, as of the night of September 18, the surgery
had not yet occurred. Counsel does not know Petitioner's current medical state.

The United States has woodenly refused to provide Petitioner's current medical records
so that his medical condition can be independently evaluated by medical professionals not
tainted with a history of deliberate and callous indifference to Petitioner's health and safety.
Counsel have been informed that Petitioner's medical condition will make him unavailable to
meet with counsel for 4 to 6 weeks, during which he will be at risk of whatever medical care the
United States chooses to give or withhold, without information or assistance to guide his
decisions, including whether to give informed consent.

Settled constitutional principles establish that deliberate indifference to the serious
medical needs of prisoners violates the Eighth Amendment. The deliberate indifference and
disregard of the United States towards Petitioner's health and safety have put him at immediate

risk or permanent paralysis or worse, immediately threaten his ability to participate in his own

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defense, and constitute cruel and unusual punishment in violation of the Eighth Amendment.
The deplorable course of prior action of the United States towards Petitioner renders United
States personnel untrustworthy and un?t to unilaterally determine his medical care and fate, and
require the Court's intervention to secure appropriate medical care for Petitioner. To that end,
Petitioner seeks relief by means of orders of this Court for the disclosure of medical records and
information to Petitioner and his counsel, for the appointment of an independent medical expert
or experts who can determine the care that Petitioner now needs to remedy past unlawful
treatment and to prevent further injury, and for such other relief required to remedy Petitioner's

unconstitutional conditions of con?nement.

I JURISDICTION

1. The Court has jurisdiction over this petition pursuant to the United States
Constitution, ArticleI ?9 (Suspension Clause), 28 U.S.C. 1331 (federal question) and

28 U.S.C. 2241(a) (Writs of Habeas Corpus).

II VENUE

2. Venue is proper in this judicial district under 28 U.S.C. 1391 because:
respondents are of?cers or employees of the United States; and a substantial part of the events or

omissions giving rise to the Petition occurred in this judicial district.

PARTIES

3. Petitioner is a male citizen of Iraq currently detained at a prison facility at
Guantanamo.
4. Respondent Trump is the President and Commander-in-Chief of the military

forces detaining Petitioner. He is sued in his of?cial capacity.

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5. Respondent Mattis is the Secretary of Defense and supervises all United States
military forces, including those detaining Petitioner. He is sued in his of?cial capacity.

6. Respondent Harvey Rishikof is a civilian who has been designated by Respondent
Mattis as the Convening Authority for Military Commissions pursuant to chapter 47A of title 10,
U.S.C., section 94811 and is sued in his of?cial capacity. The Convening Authority is responsible
for the overall management of the military commissions process, including logistics and
personnel support. The Convening Authority has authority and is responsible to provide
resources to Commission defendants necessary and appropriate to enable them to participate in
and to present a meaningful defense to charges brought against them.

7. Respondent Culpepper is the Commander of Guantanamo Bay Naval Station. As
such he is responsible for the safety and treatment of all persons resident within that facility. He
is sued in his of?cial capacity.

8. Respondent Cashman is the Commander of Joint Task Force Guantanamo. As
such he functions as the warden of the prison in which Petitioner is detained. He exercises direct
and immediate control over the conditions of his con?nement, including the provision or

withholding of necessary medical care. He is sued in his of?cial capacity.

IV STATEMENT OF FACTS

9. Petitioner has been in US. custody since 2006. He was initially kept in one or
more ?black sites.? He has been detained at Guantanamo by Respondents, or their predecessors
in of?ce, since April 2007.

10. Petitioner was detained without charge for more than 5 years. On August 3, 2009,
counsel for Petitioner ?led a prior Petition for a Writ of Habeas Corpus, challenging the legality
of Petitioner's detention without trial or due process, including a meaningful opportunity to be

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heard to contest the legality of his detention. In presenting that Petition, Petitioner was
represented by attorneys from the Indiana Federal Community Defenders, a federally funded
public defender agency. A copy of this Petition is attached as Exhibit A.

11. On June 7, 2013, criminal charges were ?rst sworn against Petitioner before the
Military Commission that hears and decides criminal charges against Guantanamo detainees.
Additional charges were sworn against him on August 28, 2013. Petitioner was initially charged,
and at all subsequent times been prosecuted, under the name ?Abd a1 Hadi al-Iraqi,? which is not
his actual name. He is identi?ed on his Iraqi citizenship card as Nashwan al-Ramer
Abdulrazzaq. His family name?the name he generally uses with friends and family?is
Nashwan al?Tamir, which references a family history in trading commodities.

12. Contemporaneously, federal budget sequestration effectively out off funding for
further participation by federal public defender attorneys on behalf of Petitioner.

13. On December 17, 2013, at the request of Petitioner's then-counsel, this Court
entered a Stipulation and Order dismissing the original Petition without prejudice, and this Court
retained jurisdiction to enforce the terms of the Stipulation and Order. A copy of the Stipulation
and Order is attached as Exhibit B.

14. On February 3, 2014, additional charges were sworn against Petitioner.

15. On June 2, 2014, the Convening Authority referred the February 3, 2014 charges
for trial by military commission and dismissed the June 7, 2013 and August 28, 2013 charges.

16. Petitioner is currently awaiting trial on the referred charges.

17. Petitioner is detained under conditions of severe security. Whenever meetings

with defense counsel are held or his attendance at Commission proceedings is required, he is

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shackled by prison guards, hands and feet, and transferred to meeting locations by military
vehicle.

18. As documented in his medical records, Petitioner has sought treatment for chronic
and worsening back pain for many years. In 2008, a computerized tomography scan scan?)
showed degenerative disc disease between the L4 and L5 vertebrae. See Exhibit at 
027794, Petitioner?s recurring back pain was, at that point, deemed chronic. A
May 2008 examination revealed that ?Detainee seemed unsteady while standing.? Id at HADI-
1-027780. By June of 2008, Petitioner's back pain had increased to include pain that radiated
down his right leg. Id. at HADI-1-027781. By August 2008, doctors noted: ?Detainee expressed
concerns about current back pain and length of time? it has taken to resolve the issue. Id.

19. Petitioner continued to seek treatment through 2008 and into 2009. In August
2009, he reported ?are-ups and pain that affected the left side of his body, to include pain
radiating from his back to his left leg. See Exhibit at Medical providers
performed various diagnostic tests but failed to cure the ailment or the pain. X-rays and CT
scans continued to show degenerative disc disease.

20. In early 2010, a bulging mass was identi?ed on the left side of Petitioner's spine.
Doctors performed a biopsy on the soft tissue mass. Pathology reports were negative. See
Exhibit at The mass remains today.

21. Throughout 2010, Petitioner continued to be seen for chronic back pain. In June
2010, he again reported pain that ran down left side of his leg. Throughout 2010, he received
physical therapy, traction table therapy, and regular treatments with a Transcutaneous Electrical

Nerve Stimulator unit. These therapies and treatments were ineffective.

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22. In September 2010, Petitioner's medical records re?ect he was diagnosed with
spinal stenosis. Spinal stenosis is an abnormal narrowing of the spinal canal. The narrowing of
the spine causes a restriction to the spinal canal which, aside from pain, can result in neurological
de?cits such numbness and loss of motor control. It was at this point, seven years ago, that a
doctor ?rst proposed the possibility of surgery, though none was performed.

23. In November 2011, Petitioner was again diagnosed with lumbar spine disc
herniation and spinal stenosis. During this timeframe, Petitioner reported pain radiating to his
right buttock. See Exhibit at HADI-1-02773 8.

24. Throughout the remainder of 2011 and 2012, Petitioner was seen for chronic low
back pain. In January 2012, Petitioner again reported low back pain radiating to his left thigh.
See Exhibit at In September 2012, he again reported sharp pain radiating
from his back toward his left knee. At this point doctors ordered further testing, but it is not
clear from the medical records whether that testing was performed.

25. Petitioner's back pain persisted and his health gradually declined throughout 2012.
In November 2012, he continued to report radiating pain from his low back down through his
thighs, but, for the ?rst time, reported feeling ?pins and needles sensations? in his toes. See
Exhibit at HADI-1-027675.

26. Petitioner's condition continued to degrade and he continued to suffer from back
pain between 2013 and 2017.

27. On January 9, 2017, Petitioner was required by the Commission to be physically
present at a hearing. The prison guard contingent that came to shackle him included female
guards. Petitioner's religious convictions forbid him from physical contact with females who are

not family members and so he objected to and resisted contact with the female guards. Petitioner

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was then subjected to a ?forcible cell extraction in which no accommodation was made
for his long?standing spinal and nerve disease, well-known to Guantanamo personnel, and he
was violently restrained, involuntarily shackled and physically moved against his will by guards
including female guards. There was no legitimate reason for requiring his physical presence at a
hearing that day. This was an excruciating as well as humiliating assault, after which his lower
back pain noticeably increased.

28. A January 23, 2017 lumbar CT scan of Petitioner's spine showed anterior wedging
of T12 and L1 and anterolosthesis on L4 and L5, which had increased since the previous CT
scan. Additionally, there were degenerative changes to It was at this time, many years
into Petitioner's history of accelerating that an MRI was ?rst proposed. See Exhibit 
at Petitioner has been advised, and Respondent Mattis has been
informed directly by independent medical experts that the January 2017 CT scan showed
evidence of severe neural encroachment that, if left untreated, could cause severe and permanent
neurological impairment. Guantanamo personnel left this condition untreated for approximately
9 months, by which time severe and permanent neurological impairment had either occurred or
was imminent.

29. In August 2017, he began to experience an increase in the loss of sensation in
both feet. The week of August 7, 2017, during attorney-client meetings in preparation for the
August pretrial hearings and the direct examination of a key c00perating government witness,
Petitioner began to feel tingling throughout his body. He began experiencing an increased loss
of sensation in both hands and both legs, as well as an increase in his muscle weakness. During
this period, Petitioner described to his defense counsel that his feet felt heavy and weighed down.

He also described an increase in the level, sharpness, and frequency of his pain.

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30. At an attorney-client meeting on August 9, 2017, defense counsel noticed
Petitioner open and close his left hand repeatedly during the six-hour meeting. Petitioner
explained that his hand was numb and he was opening and closing it in an attempt to force
feeling back into it. By that evening, Petitioner's legs had become so weak that he could not
stand up straight or walk.

31. On August 10, 2017, a doctor examined Petitioner at his detention location. The
doctor determined that Petitioner's deteriorating condition required transportation to the hospital
for additional tests. Some tests were conducted, but, apparently, a prescribed CT scan could not
be performed because the hospital staff failed to properly inject intravenous contrast dye for the
scan. Following this hospital visit, Petitioner was declared medically unfit for attorney?client
meetings.

32. By that point, Petitioner had to use a wheelchair when moving within his
detention facility. On at least one occasion, he had been denied the use of a wheelchair without
explanation. He did not feel well enough to attend attorney-client meetings, which occur at a
facility he must reach by transport van. Transportation to that facility is painful, and the facility
is not wheelchair accessible.

33. Although his condition did not improve, Respondent Cashman's staff ?cleared?
Petitioner to attend Commission pre-trial hearings on August 14-17. Due to his constant
discomfort and concern over bladder control, he attended only one day of the session.

34. Unable to obtain any meaningful information or assurances from Respondents
about medical intervention to relieve Petitioners' medical distress, on September 1, 2017, defense
counsel addressed a memorandum to ReSpondent Rishikof, the Convening Authority of the

Military Commission, entitled ?Emergency Request for Expert Assistance - Neurological

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Surgery.? This memorandum is attached as Exhibit and details much of the history recounted
above of the United States' callous indifference to Petitioner's painful and deteriorating physical
condition. The memorandum described the inability of Petitioner to obtain urgently needed
medical care, the inability of Petitioner or his counsel to obtain current medical records
concerning his status or care, and requested the intervention of the Convening Authority to
appoint an independent medical specialist able to diagnose Petitioner's condition and recommend
treatment.

35. Defense counsel's memorandum to the Convening Authority was supported by an
August 31, 2017, letter sent to Guantanamo authorities by medical doctors af?liated with
Physicians for Human Rights who, informed of Petitioner's circumstances, believed that his
circumstances were dire, and required immediate emergency medical care. A copy of this letter
is attached as Exhibit E.

36. Defense counsel had no timely response from Respondent Rishikof or any other
Respondent or subordinate or agent and so remained in the dark about Petitioner?s status.

37. From a Miami Herald news article, however, defense counsel learned that
someone in the Military Commission process did become concerned that JTF-Guantanamo had
put Petitioner's health at unreasonable risk through lack of medical care because, notwithstanding
the approaching Hurricane Irma, a surgical team was suddenly ?own to Guantanamo to perform
emergency back surgery on Petitioner on September 5. The September 7, 2017 Miami Herald
account is attached at Exhibit F.

38. Defense counsel's renewed requests for current medical records and information
have been ignored. Despite multiple requests for information and records, the United States has

failed to provide complete medical discovery. On August 25, 2017, the counsel received a

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smattering of random medical records from 2007, 2013, 2014, 2016 and 2017. To date, the
United States has not produced a comprehensive set of Petitioner's medical records. His counsel
has not received any medical records from 2015, very few records from 2016, and only one CT
scan exam result from January 2017 that was not produced until August 25, 2017.

39. The most recent medical records that have been produced are from March 2017.
Many of these, however - including key records describing Petitioner's immediately
prior to the January 2017 CT scan - have been marked as classi?ed. There is no basis for
classi?cation of these records, and in fact they are in facial violation of Executive Order 15326
and other classi?cation authorities, because they lack the required paragraph markings. Most
important, because they are classi?ed, Petitioner's counsel cannot show these records to their
medical experts, who do not have security clearances.

40. Petitioner?s counsel ?led an emergency motion to compel production of medical
records in the military commission proceeding on September 8, 2017. Because of the urgency of
the situation, the motion requested that the military judge set an expedited brie?ng schedule
followed by an order for immediate production. To date, the Government has not responded to
the motion or provided additional medical records and the military judge has not set an expedited
brie?ng schedule.

41. On September 8, 2017, the doctors consulted by Defense counsel who had written
to Guantanamo authorities on August 3lst addressed a letter to Respondent Mattis, US.
Secretary of Defense, recounting Petitioner's circumstances and recent surgery, expressing
substantial concern that his treatment had not met applicable standards of care, that deviations

from the standards of care could result in permanent impairment and that, absent proper

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disclosure of medical records and information, Petitioner's informed consent to further treatment
could not be obtained. See Exhibit G.

42. To our knowledge, no response has ever been received by any of these medical
doctors to any of their communications.

43. After the ?rst surgery, Petitioner remained in pain and largely immobilized. His
became progressively worse. Despite his condition, he is always shackled to his bed
by hand and foot and cannot perform minimal functions of daily living without medical
assistance.

44. Counsel initially was informed indirectly that any further surgery would most
likely occur some weeks or months in the future, to allow Petitioner some time to recuperate
from the signi?cant surgery he had just had. By September 12th, Petitioner's condition had
worsened to the point that a decision was made to ?y surgeons back and operate again, this time
on his neck.

45. On September 14th, the Legal Advisor to ReSpondent Rishikof noti?ed the
Deputy Chief Counsel of the Military Commission Defense Organization (the umbrella agency
responsible for the defense of Military Commission defendants by detailed military personnel)
that Petitioner would be having a second surgery on his neck on September 19th or 20th. The
Legal Advisor also stated that Petitioner would not be permitted to meet with his counsel for four
to six weeks following this second operation.

46. On September 15, 2017, a Government lawyer on the military commissions
prosecution team informed defense counsel that the surgery had been moved up again, to

Monday, September 18, 2017.

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47. Consistent with prior practice, the United States has provided counsel with no
meaningful information about Petitioner's medical state or the second surgery. Petitioner was
told that the second surgery would require equipment not available at Guantanamo and the
participation of another kind of doctor not involved in the ?rst surgery - a ?bone specialist?.

48. Petitioner's counsel have repeatedly emailed Guantanamo authorities asking for
information about his medical condition, to no avail. When counsel was ?nally told they were
?welcome to submit a special request form . . . to request arrangement of an expedited phone call
with your client?, this request was submitted and it was then denied. Requests for meetings with
Petitioner have also been denied.

49. On September 18th, Petitioner's counsel reiterated their need for disclosure of
medical records in a written submission to the military judge, so that Petitioner?s medical
condition and ?tness to participate in his defense can be evaluated by competent experts other
than those responsible for his desperate current condition and those invested in his conviction
and continued incarceration. See Exhibit H, 099D-Defense Notice of Mr. al-Tamir's
Current Medical Status Regarding AB 099 Emergency Motion to Abate the Proceedings Until
Mr. al-Tamir is Physically Competent to Stand Trial.? No action has been taken on this request
as of the date of this Petition.

50. On September 18, 2017, Petitioner?s counsel received a response from
Respondent Rishikof, the Convening Authority, denying counsel?s September request for the
appointment of a medical expert to assist in determining his condition and ?tness for trial. A

copy of this response is attached as Exhibit 1.

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51. On September 19, 2017, Petitioner?s counsel was informed by a member of the
prosecution that no surgery had occurred on the previous day. That person did not know if any
was planned for that day.

52. Petitioner's condition is medically precarious and disables him from effective
participation in his defense, which next involves a scheduled Commission hearing on October
2nd. The United States' response to the effect of Petitioner's condition on further proceedings is
that they will go forward regardless until and unless stopped by the military judge. See ?Alleged
al-Qaida commander needs more spine surgery; next Guantanamo hearing in doubt,? Miami
Herald, September 15, 2017 (attached as Exhibit J).

53. The medical record and unnecessary downward trajectory of Petitioner's
deteriorated and disabling condition evidence that Petitioner's treatment at the hands of
Respondents has fallen well below applicable standards of competent medical care and that
Respondents collectively have been deliberately indifferent to clear and consistent facts, over
many years, that demonstrated the need for medical intervention to prevent catastrophic injury to
Petitioner.

54. Access to full medical records and their evaluation by a competent neutral
medical expert is minimally required in order to determine: the extent to which Petitioner's
medical disability is the result of Respondents' deliberate indifference and inaction; if and when

Petitioner may able to participate in his own defense; and the proper course of future treatment.

CLAIM FOR RELIEF

55. Relief by Writ of Habeas Corpus is appropriate to remedy unconstitutional
conditions of confinement of a prisoner held by the United States, including Guantanamo
detainees. Aamer v. Obama, 742 F.3d 1023 (DC. Cir. 2014).

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56. The Eighth Amendment to the United States Constitution bars the in?iction of
?cruel and unusual punishments.? This prohibition encompasses the ?wanton and unnecessary
in?iction of pain.? Rhodes v. Chapman, 452 US. 337, 347 (1981).

57. ?[D]eliberate indifference to serious medical needs of prisoners constitutes the
'unnecessary and wanton in?iction of pain' . . . proscribed by the Eighth Amendment. This is true
whether the indifference is manifested by prison doctors in their response to the prisoner's needs

. or by prison guards in intentionally denying or delaying access to medical care or
intentionally interfering with the treatment once prescribed.? Estelle v. Gamble, 429 US. 97,
104-05 (1976)(citation and footnotes omitted).

58. ?[P]rison of?cials violate the Constitution when they deprive an inmate of his
'basic human needs' such as food, clothing, medical care, and safe and sanitary living
conditions.? Walker v. Schult, 717 F.3d 119, 125 (2d Cir. 2013)(citations omitted).

59. The deprivation of medical care to Petitioner necessary to prevent catastrophic
health deterioration involving paralysis, pain and loss of control of bodily functions constitutes
the deprivation of basic human needs and the unnecessary in?iction of punishment and pain,
both physical and mental.

60. Over a period of years, Respondents were collectively and repeatedly informed of
the extreme circumstances of Petitioner's health deterioration and the need for medical
intervention to correct it and forestall further injury. Respondents acted with deliberate and
calculated indifference to a known unreasonable risk to Petitioner's health and to his ability to
participate in his own defense.

61. Respondents' course of action over the course of many years indicates that they

cannot be trusted to determine fairly and in a timely way what medical treatment Petitioner needs

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and when he should receive it, nor whether his physical condition prevents him from

participating in his own defense.

62.

The intervention of this Court is required in order to remedy past constitutional

violations and to prevent further violations in the future.

VI RELIEF REQUESTED

For the foregoing reasons, Petitioner respectfully asks the Court to order that

Respondents:

McKee] 1333 840v6



(ii)



(1V)

(V)

(vi)

(vii)

begin immediately to treat Petitioner in accordance with applicable
standards of medical care as determined by a court?appointed
medical expert;

turn over immediately to the Court, Petitioner and his counsel
complete copies of all medical records pertaining to Petitioner
from the beginning of his detention by the United States to the
present;

provide copies of all future medical records pertaining to Petitioner
contemporaneously to Petitioner and his counsel;

turn over to defense counsel copies of all internal military or
Department of Defense correspondence and memoranda pertaining
to Petitioner's medical care;

provide the Court and defense counsel with a proposed course of
medical treatment of Petitioner;

appoint and fund the reasonable compensation and expenses of
quali?ed medical doctors independent of the United States
government in the specialties of orthopedic and/or spinal
neurosurgery and pain management, which are applicable to
Petitioner's current medical disabilities, and provide them such
access as they deem necessary to enable them to conduct
such medical examinations, including but not limited to in-person
medical examination(s) of Petitioner, and record reviews as they
deem appropriate to prepare a report to the Court and the parties on
the adequacy of Petitioner's past treatment and their
recommendations as to a future course of treatment; and

For such other and further relief as the evidence before the Court
may warrant.

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Case Document 1 Filed 09/21/17 Page 18 of 18

Dated: September 21, 2017.

McKool 1333840v6

-17-

 

Respectfully submitted,

Tiffany Heavlin [Bar No. 1020997]
theavlin@mekoolsmith.com
McKool Smith

1999 Street, NW

Washington, DC. 20006
Telephone: (202) 370-8300
Telecopier: (202) 370-8344

Robert L. Palmer [Bar No. 151399]
palmer@mokoolsmithhennigan.com
McKool Smith Hennigan, PC.

300 South Grand Avenue Suite 2900
Los Angeles, CA 90071

Telephone: (213) 694-1200
Telecopier: (213) 694-1234

Adam 


Military Commissions Defense Organization
1620 Defense Pentagon

Washington, DC. 20301-1600

Telephone: (571) 256-9694

ATTORNEYS FOR PETITIONER

Case Document 1-1 Filed 09/21/17 Page 1 of 84

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Case Document 1-1 Filed 09/21/17 Page 2 of 84
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Case Document 1-1 Filed 09/21/17 Page 4 of 84
Case Document 1 Filed 08/03/09 Page 3 of 6

EL 88888
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Case Document 1-1 Filed 09/21/17 Page 5 of 84
Case Document 1 Filed 08/03/09 Page 4 of 6

. 131:1 11
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Case Document 1-1 Filed 09/21/17 Page 6 of 84
Case Document 1 Filed 08/03/09 Page 5 of 6

32 ?222.13? 23:2 222:2 2222,2222 22.222222ng that 2212?: gammiamem:

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Case Document 1-1 Filed 09/21/17 Page 7 of 84
Case Document 1 Filed 08/03/09 Page 6 of 6

Respe?u?y Submitted}

   

[53/ William E, Marsh
Wi-?iem 1373 Marsh
Iizdima Bay 1% 904049

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Dated: 511.137 2-4, 211113913

Case Document 1-1 Filed 09/21/17 Page 8 of 84
Case Document 1-1 Filed 08/08/09 Page 1 of 

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Case Document 1-1 Filed 09/21/17 Page 9 of 84
Case Document 1-1 Filed 08/03/09 Page 2 of 2

 

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Case Document 1-1 Filed 09/21/17 Page 10 of 84

Exhibit 

Case Document 1-1 Filed 09/21/17 Page 11 of 84
Case Document 51 Filed 12/17/13 Page 1 of 3

 

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Case Document 1-1 Filed 09/21/17 Page 12 of 84
Case Document 51 Filed 12/17/13 Page 2 of 3

EREAS comma ie ?ismissai af?xig mamas peiizimz withom pmjudica
and do not object to cnmimlc? access 20 counsel on Elm Emmi; pmvided beiow;

IT ES HEREBY ANT) that:

1. i?eiizioaer N?as?ilzwan a?~Ranmr Abdulmzzaq?s (ISN 180263;) gjei'ii?on fer a writ of
131111333 campus, and this adieu, are hereby BISMISSED wi?mm prejudice.

2? The Amended iDreieet-ive Order for Rebeas Cases Enveiving 33:33) Secret Sensitive
in?mm?ion 21ml. Freewares {by (301111361 {@0333 {Detz'z?neeg at me Uni?ed
Staiez?; Naval Base is Guantanamo Bay; Cuba, in Helmet; {3:13:35 E?a'woiving "Yep Seem: 
Compamnemed inferring-mom issued by. Judge Hogan an jammy 93 29W in In re: Guaniwmmu
Ba}; Dag/2mg brig/Idem Nu, (El/11(1) (?3141. Nee and esniereci
in 13133; case via migzute :31"er er: Augie: (rim "'?f?z'eicctive Greer?), 23132233 {31113531 in effect
am?i ?teatime it: gavem .Pezitienefs access ?9 counsei whim he magmas {mn?zmi a: (hzaz'n?nmm
Bay ami has {he right: to seek 111mm: rcl'iefby 3121563213 (20mm, wheihef 01' mi? he. actuaiiy
continues {0 have a petition wading bei?bre {he (Tenn.

This Siipulatim?i and Order is: wii?hmzi prejuciiee is the pamiezs? fights to seek an sci
aside, nmdify; er {ntimzwiee ehtain relief From any pmvigien herein or of the E3micctivc Order an
my gleam} {hm be 03* can-E6 have been raised at any time.

4, The Cami Sinai} t0 mimics the Emma mfthis and

(Elder.

Case Document 1-1 Filed 09/21/17 Page 13 of 84
Case Document 51 Filed 12/17/13 Page 3 of 3

AGREED T0:

STUART i3. 
Assistant Niamey Genera}

f?3??E?W?i 
Direeim

TERRY 2V1 HEN RY
Branch Dimmer

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Case Document 1-1 Filed 09/21/17 Page 14 of 84

Exhibit 

Case Document 1-1 Filed 09/21/17 Page 15 of 84

    

 

 


mm imwwm . 1mm ma LGCAL Rizmamicriow
i RECQRD OF MEDICAL CARE
BATE TREATMENT TREATEMG ORGAMZATION (Sign each eniw)

J73: Medicai Deparimam, Guantanamo Bay, Cuba

8MB Programs Nata

Subjective: Me: with detainee: in tie-airmen: mam for 20 5111;111:2510 discuss mu?ipie issucss. Firm and must.
impariani in tower bacic gain. Has izistary (if noted in 2610. Nmics {his is a little:
diffsrent. Had been pain {me for sometime bi? ever gast 14 days pain has deveiopcd again. N0
known injmy or trauma that occurred Witi?ii. past 14 days. News pain Games amt} goes 
on. sieeping positim. and aciiviiy {eve}. Pain is located iefi side in area of P81 joint. News
occasimial radiating} dam: t9 pcastarior 1h} gig but :19: beiuw the knee. Has Qccasimai pins and
needles sansa?iians in left 3?1 tee ami right 5"1 me but intemittent and random in occurrence. Pain
inure-arses with sitting, especiaiiy when 51231171.ping ibnvaid, and improves when he sits 129 straight
so he thinks a back; support weuici bi: bene?ciai, ivie mix-:5 basciine pain 017263118 with
intemitient spikes of din-5110 at iis waist. Has not yet started affecting his activities but is getting
graduaily warm. Denies waakness in 31,;Ei Denies Saddle mesmegim; {3r incontinence. Bern?s-s
He {1923 11m want medicatim for this bu: treatments. Aimi he askcd in foiicw?
up aim: the status 0f ihc to sea a giesthedoniist far his hridge. Lastly, he mics same: day;
red are-as on his upper and iowar ii; that have eccmm?i 4?5 ?rm-is (we: the past 5 man'tias. When
he swatches them, they can bleed? This is. naw t0 him. He denies them ever lacking; like a Mister.

 

Physical Gen in NAB, AOXB

Exam BRENT {cw 5maii my?mma?ims patches or; lips, one or; upper right ami 0:32 on lime: Left no
vesicles gr pustules

Back to 6G d?grees before {mim extension full with. miid pain on extreme extensian, gain
siigh?y warm with extension than ficxian, le?. joint, miid 3in iambar garagpinai
spasm, ?xatinn of left 2?33 with fomani figxion

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him the medication thiims 9f NSAIDS and muscit: miaxms which in: dcciineg at this ?rm-rs.
Damonstraied same stretches that hi: can work an and advised gm rehab promct? PT for
his 20w 'backai jaini. Wit! also work. ti} gei a basis: suppo? fer him if; use :0 his-3p with this, 
give tried (if rehab for 2 weeks and if not better wit} consi?er c-stim or fair mm
imminent. vcrhaiized understanding anti had ?mhm quastians.

 

2. Emmi bridge Advised him that 13311231 and i are waking, :0 get Presthedbniizsi here to
werk 03"} his bridgi: which is past its exggciancyi Do not have salid dates at this time but am
time came within next. 3 mantras.

 

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treatment far maistw?zaiim but he (ieciin?si stating this has no: worked in the past. try
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Case Document 1-1 Filed 09/21/17 Page 16 of 84

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Case Document 1-1 Filed 09/21/17 Page 21 of 84


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Case Document 1-1 Filed 09/21/17 Page 22 of 84


Medical Summary

Date of summary: 20111uiy
Beak-see Name: Hadi
Madica! mam:

1} Latent T8
3) Campieted {3 manths 
2} {laminar ?egenerative disc disease
a) ?445 (m (31/2010
Ortho eve? {Bl/261$ and 13/2616
Tramia? 2% per week with gnaw} tasuitg Resaimd
Tens unit pr?wResoived
We: media use
Saw jar: 2811 fer axemisea
g] [33in Asia
3) knees
3) Saw artho a3 abave
b) Synvisg injectian (33/3313; may {epeat
c} Stemid injec?ar? my twig;
4} Hypar?pidemia
3) Lil 156 in 3m 2916 125.8 May 3311
h) Bec-?inm at; me?s meant ASA (mse? an Fram?ngham risk)
5) intermittent nan-traumatic rib pain
23) Eva; negative?
5) His: in 198051?01' liver Eat: Sewndary to Soccer ?njury
Mass rammed from back Sec 2010 gatheiogy negative
3} Cardiac strass test (May 2311} Negative
9} Sinus Bradyeardia

agaa

4221

Aiiergies; r?xw.
Suicide A?emms: ?ame
Recast Hung?r Strikes: {Surrent 53mg March 26:13. Kasai-wed 23?March 26:11

Examine Annuai Heath Maintenance: Exam Camptated Way {36-3311

l002





Case Document 1-1 Filed 09/21/17 Page 23 of 84


 
   
 
      
   

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Case 1: 17- c?v- -O-1928 EGS Document 1- 1 Filed 09/21/17 Page 24 of 84
OFFEIAL USE ONLY

N04 Re1easab1e to Detainee or Public

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Case 1: 17- c?v- -O-1928 EGS Document 1- 1 Filed 09/21/17 Page 25 of 84
OFFICIAL USE ONLY

Neat Reteasable I0 Detainee or Pubiic

Exam Ream-s

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UNCLASSIFIEDHFOR OFFICIAL USE ONLY

Case Document 1-1 Filed 09/21/17 Page 26 of 84

Exhibit 

Case Document 1-1 Filed 09/21/17 Page 27 of 84

DEPARTMENT OF DEFENSE

MILITARY COMMISSIONS DEFENSE ORGANIZATION
1620 DEFENSE PENTAGON
WASHINGTON, DC 20301-1620

1 September 2017
MEMORANDUM FOR THE CONVENING AUTHORITY
SUBJECT: Emergency Request for Expert Assistance Neurological Surgery

Mr. Nashwan al?Tamir (ISN 10026), the Accused in the case of United States v. AbdAl
Hadz' AZ Iraqi, by and through counsel, respectfully requests the Convening Authority appoint and
fund James C. Cobey, MD, MPH, an expert consultant in the field of orthopedic surgery, to
ensure Mr. al?Tamir can participate in his defense and is physically ?t to stand trial.

Overview

This is an emergency request. Mr. al-Tamir must prepare for scheduled 2?6 October 2017
pretrial hearings, but is experiencing debilitating back pain and other emergent that are
preventing him from focusing on his case or engaging in meaningful communication his defense
counsel. His defense counsel have been aware of Mr. al-Tamir?s chronic back ailment for some
time, as have the Prosecution and the Commission. Defense counsel have witnessed, however, a
steady deterioration in Mr. al?Tamir?s health over the past two months and now face what appears
to be a medical emergency. Yesterday, defense counsel consulted with several experts and
learned for the ?rst time that Mr. aluTamir?s requires immediate attention and that,
if he is not treated properly and immediately, he could suffer irreparable harm including paralysis.

Immediately before the August 2017 pretrial hearings, declared Mr. al-Tamir
medically unfit to attend attorney?client meetings. Although he was later cleared to meet with his
defense counsel, his pain has consistently prevented him from participating in his defense since
before the August hearings. Since the August hearings, the situation has become dire. Mr. a1-
Tamir is losing sensation in his legs and is experiencing the loss ofmuscle control/motor skills.
He periodically loses control of his bladder.

The Defense has sought the preliminary opinion of Dr. Cobey, an orthopedic surgeon. In
Dr. Cobey?s opinion, this rapid decline in health and associated demands
immediate action. He has informed us:

These suggest compression of the spinal cord and/or spinal nerves and
require immediate diagnostic imaging and surgical intervention by an experienced
neurosurgeon or orthopedic surgeon. Based on these there is an urgent
need for diagnostic testing and surgical intervention. While MRI is the preferred
imaging technique, a CAT scan can also be performed in conjunction with a
myelogram to ascertain the nature and extent of compression. High dose
corticosteroids should also be considered to reduce inflammation associated with
presumed spinal compression.

Case Document 1-1 Filed 09/21/17 Page 28 of 84

SUBJECT: Emergency Request for Expert Assistance Neurological Surgery

The current treatment plan as reported, consisting of an anesthesiologist visiting in
September and a neurosurgeon visiting in October, is unacceptable, inconsistent
with the standard of care, and likely to result in permanent neurologic damage. I
would not expect a simple epidural injection with steroids to have any real effect
on a compression problem.1

Dr. Cobey concludes, urge you in no uncertain terms to take immediate action to effectively
diagnose and treat the detainee?s medical emergency.?2

Because Mr. al-Tamir is unable to participate in his defense and may be physically unfit to
stand trial, the Convening Authority must appoint and fund Dr. Cobey to consult with the
Defense. If the United States is unable to render due medical care to Mr. al?Tamir in Guantanamo
Bay, the Convening Authority and TF-GTMO should be prepared to transfer Mr. al-Tamir to a
location where he may receive the medical attention required for him to continue to participate in
his defense. Because time is of the essence, the Defense intends to file a motion for emergency
relief from the Commission at the earliest opportunity.

Case Posture

Mr. al-Tamir?s case is in the pretrial phase. During this phase and throughout the case,
Mr. al?Tamir has a right to participate in in the preparation of his defense. Issues currently
pending before the Commission include a variety of areas in which Mr. al-Tamir?s participation is
critical. Similarly, outside of court, Mr. al?Tamir must be well enough to participate in attorney?
client meetings. The Defense is in the early stages of conducting merits and mitigation
investigations, both of which require signi?cant consultation between Mr. al?Tamir and members
of his defense team.

Pretrial hearings in the case are scheduled for 2?6 October 2017. Among other issues,
these hearings will focus on the remaining procedural steps required before a cross-examination
of Ahmed al?Darbi, a Prosecution witness who recently gave deposition testimony under direct-
examination. The prerequisites to the cross-examination, and the cross-examination itself, must
occur as soon as possible, as the Convening Authority has entered into a contract to release Mr.
al-Darbi from Guantanamo Bay in February 2018, at which point, according to the Prosecution,
Mr. al-Darbi will no longer be an available witness.

If the Convening Authority refuses to appoint and fund Dr. Cobey, Mr. al-Tamir will be
unable to assist Defense counsel in preparing for cross?examination of Mr. al-Darbi and is likely
to be medically unable to attend the cross?examination, resulting in a delay in the proceedings.
Such a delay could deny Mr. al?Tamir the ability to cross-examine Mr. al?Darbi altogether. Time
is ofthe essence.

 

Enclosure A (Letter from Dr. James Cobey dated 1 September 2017).
3 Id.
2

Case Document 1-1 Filed 09/21/17 Page 29 of 84

SUBJECT: Emergency Request for Expert Assistance Neurological Surgery

Mr. al-Tamir?s Medical Status

As documented in his medical records, Mr. al~Tamir has sought treatment for chronic and
worsening back pain since 2006.3 In 2007, Mr. al-Tamir presented low back pain and right side
sciatica, resulting in a diagnosis of degenerative disc disease between the L4 and L5 vertebrae.4
A computerized tomography scan scan?) con?rmed the diagnosis.5

In 2008, Mr. al~Tamir was seen for recurring back pain that was, at that point, deemed
chronic. Doctors noted in medical records: ?Detainee seemed unsteady while standing.?6 By
June of 2008, Mr. al-Tamir?s back pain had increased to include pain that radiated down his left
thigh. 7 By August 2008, doctors noted: ?Detainee expressed concern about current back pain and
length of time? it has taken to resolve the issue.8

Mr. al-Tamir continued to seek treatment through 2008 and into 2009. In August 2009, he
reported flare-ups and pain that affected the left side of his body, to include pain radiating from
his back to his thighs. Medical providers performed various diagnostic tests but failed to cure the
ailment or the pain. X?rays and CT scans continued to show degenerative disc disease.9
In early 2010, a bulging mass was identi?ed on the left side of Mr. al-Tamir?s spine. 10
Doctors performed a biopsy on the soft tissue mass. Pathoiogy reports were negative. 11 The mass
remains today.

Throughout 2010, Mr. al-Tamir continued to be seen for chronic back pain. In June 2010,
he again reported pain that ran down Ieft side of his leg.12 Throughout 2010, he received physical
therapy, traction table therapy, and regular treatments with a Transcutaneous Electrical Nerve
Stimulator unit.13 These therapies and treatments were ineffective.

In September 2010, Mr. al-Tamir?s medical records re?ect he was diagnosed with spinal
stenosis. Spinal stenosis is an abnormai narrowing of the spinai canal. The narrowing of the
spine causes a restriction to the spinal canal which, aside from pain, can result in neuroiogical
deficits such numbness and loss of motor control. 14 It was at this point, seven years ago, that a
doctor first proposed the possibility of surgery. 15

 

3 Enclosure at 

4 Enclosure at 

5 Enclosure at 
6 Enclosure at 

7 Enclosure at 

8 1d.

9 Enclosure at 

'0 Enclosure at 

Enclosure at 

'2 Enclosure at 

?3 Enclosui?e at 


5 Enclosure at 

3

Case Document 1-1 Filed 09/21/17 Page 30 of 84

SUBJECT: Emergency Request for Expert Assistance Neurological Surgery

In November 2011, Mr. al?Tamir was again diagnosed with lumbar spine disc herniation
and spinal stenosis. During this timeframe, Mr. al?Tamir reported pain radiating to his right
buttock.l6

Throughout the remainder of 2011 and 2012, Mr. al-Tamir was seen for chronic low back
pain. In January 2012, Mr. al~Tamir again reported low back pain radiating to his left knee.? In
September 2012, he again reported sharp pain radiating from his back toward his left knee. 18 At
this point doctors ordered further testing, but it is not clear from the medical records whether that
testing was performed. '9

Mr. al~Tamir?s back pain persisted and his health gradually declined throughout 2012. In
November 2012, he continued to report radiating pain from his low back down through his thighs,
but, for the ?rst time, reported feeling ?pins and needles sensations? in his toes.?20

Mr. al?Tamir continued to suffer from back pain between 2013 and 2017, but, despite
multiple requests for information and records, the Prosecution has failed to provide complete
medical discovery?ma failure that has contributed to the Defense not understanding the severity of
Mr. al-Tamir?s situation until recently. Last week, on August 25, 2017, the Defense received a
smattering of random medical records from 2007, 2013, 2014, 2016 and 2017. To date, the
Prosecution has not produced a comprehensive set of Mr. al~Tamir?s medical records. The
Defense has not received any medical records from 2015, very few records from 2016, and one
CT scan exam result from January 2017 that was not produced until August 25, 2017.

A January 2017 lumbar CT scan (without contrast) of Mr. al-Tamir?s spine showed
anterior wedging of T12 and Li and anterolosthesis on L4 and L5, which had increased since the
previous CT scan. Additionally, there were degenerative changes to It was at this time, a
decade into Mr. al-Tamir?s ordeal, that an MRI was first proposed.?

Mr. al?Tamir?s declining health continued to degrade. In August 2017, he began to
experience an increase in the loss of sensation in both feet. The week of August 7, 2017, during
attorney~client meetings in preparation for the August pretrial hearings, Mr. al?Tamir began to
feel tingling throughout his body.. He began experiencing an increased loss of sensation in both
hands and both legs, as well as an increase in his muscle weakness. During this period, Mr. al?
Tamir described to his defense counsel that his feet felt heavy and weighed down. He also
described an increase in the level, sharpness, and frequency of his pain.

At an attorney?client meeting on August 9, 2017, defense counsel noticed Mr. al-Tamir
open and close his left hand repeatedly during the six-hour meeting. Mr. al?Tamir explained that
his hand was numb and he was opening and closing it in an attempt to force feeling back into it.
By that evening, Mr. al-Tamir?s legs had become so weak that he could not stand up straight or
walk.

 

?6 Enclosure at 
?7 Enclosure at 
18 Enclosure at 
19 Enclosure at 
2? Enclosure at 
2' Enclosure at 

Case Document 1-1 Filed 09/21/17 Page 31 of 84

SUBJECT: Emergency Request for Expert Assistance Neurological Surgery

On August 10, 2017, a doctor examined Mr. al?Tamir at his detention location. The
doctor determined that Mr. ai-Tamir?s deteriorating condition required transportation to the
hospital for additional tests. Some tests were conducted, but, apparently, a prescribed CT scan
could not be performed because the hospital staff failed to properly inject intravenous contrast
dye for the scan. Following this hospital visit, Mr. ai?Tamir was declared medically un?t for
attorney-client meetings.

Although his condition did not improve, JTF-GTMO cleared Mr. al-Tamir to attend the
14-17 August pretrial hearings. Due to his constant discomfort and concern over bladder control,
he attended only one day of the session?a day his presence was required by the militaryjudge.

When permitted, Mr. al-Tamir now uses a wheelchair when necessary to move within his
detention facility. On at least one occasion, he has been denied the use of a wheelchair without
explanation. He does not feel well enough to attend attorney?client meetings, which occur at
Echo H, a facility he must reach by car. Transportation to Echo II?or anywhere?is painful, and
the facility is not wheelchair accessible.

As of the date of this request, Mr. al?Tamir?s condition has not improved and his health
continues to decline daily. His condition has compromised his ability to participate in his own
defense. If his pain is not suf?ciently relieved before the scheduled October pretrial hearings, the
Defense will file a motion to abate.

staff have indicated to Mr. aI-Tamir that he will be offered two forms of
treatment in the coming months: on September 12, he will receive steroid injections into his back;
and on October 2, a neurosurgeon will conduct an examination.

Expert Assistance is Necessary

Expert assistance is necessary because Mr. al-Tamir?s pain denies him from participating
in his defense, and JTF-GTMO has demonstrated itself incapable of treating Mr. ai-Tamir?s
condition. Dr. Cobey must be appointed to consult with the Defense regarding why Mr. al-Tamir
is suffering his pain and other and whether a remedy exists that would permit him to
resume participation in his case.

No member of the Defense is qualified to assess Mr. al-Tamir?s medical condition. It goes
Without saying that spinal problems require assessment and treatment by medical specialists. The
urgency of Mr. al?Tamir?s condition, however, was not apparent to defense counsel until a
consultation with independent experts. According to an independent assessment of Mr. al?
Tamir?s by Dr. Homer Vinters and Dr. Vince Iacopino of Physicians for Human
Rights, Mr. al~Tamir?s condition could result in permanent neurologic damage and/or paralysis if
not diagnosed and treated immediately.22

medical staff have failed to eliminate Mr. al?Tamir?s ailment or 
leaving him facing a trial in which he cannot participate. Whatever the reason for 
failure, no member of the Defense can sufficiently comprehend Mr. al-Tamir?s medical status
and, ifnecessary, explain it to the Commission. Therefore, expert assistance is required.

 

22 Enclosure (Letter from PHR dated 31 August 2017).
5

Case Document 1-1 Filed 09/21/17 Page 32 of 84

SUBJECT: Emergency Request for Expert Assistance Neurological Surgery

Although not medical experts, in addition to consulting with Drs. Vinters and lacopino,
defense counsel have conducted sufficient research to establish that past treatment
(conservative, non-surgical treatment) and proposed course of action (a steroid injection later in
September, followed by a consultation with a neurosurgeon in October) have been and will be
insufficient, if not harmful.

A conservative treatment regimen including pain relievers, anti-in?ammatories, steroid
injections, physical therapy, stretching exercises and decompression procedures are appropriate
initial responses to chronic back pain.23 When patients fail to respond to conservative treatment
within six weeks of presenting however, current medical literature supports surgical
intervention as an appropriate treatment option to relieve and restore function.24

Moreover, patients who initially present with an acute episode of lumbar radiculopathy
can generally be managed by a primary care practitioner. However, once a patient exhibits
certain red flags, such as sensory or motor deficits, progressive neurologic deterioration or saddle
anesthesia with bowel and bladder incontinence, a patient must be referred to a spinal surgeon.
Patients with severe or progressive neurologic deficits require a referral for surgery.25

Sensory abnormalities in the genitals coupled with loss of bladder control and progressive
loss of sensation or motor function in the legs are ominous signs that warrant urgent evaluation
and treatment. Mr. al-Tamir has complained of sensory abnormalities in the genitals and loss of
bladder control.

Mr. al-Tamir has received years of conservative and ineffective treatments. In addition to
physical therapies, Mr. al-Tamir has been prescribed a multitude of medications. After ten years
and the myriad conservative treatments attempted, it is clear even to lay attorneys capable of
reading medical journals that conservative treatment options have been exhausted. During this
period, the Government has allowed Mr. al?Tamir?s condition to degenerate to the point where he
now has sensory abnormalities in the genitals coupled with loss of bladder control and
progressive loss of sensation and motor function in his legs.

Dr. Cobey has reviewed the above information and formed an initial assessment that (1)
Mr. al-Tamir cannot currently engage in the activities required to meaningfully participate in his
defense; (2) the standard of care requires an immediate (3) the delay to an examination by a
neurosurgeon is below the standard of care; and (4) the proposed steroid injection may be
contraindicated. Dr. Cobey requires more information and an opportunity to assess it before
forming a full medical opinion and advising the Defense regarding a proper course of treatment
and Mr. al?Tamir?s ability to participate in his defense and physical fitness to stand trial.26

 

33 Enclosure C.
24 1d.
25 Id.
36 Enclosure A.

Case Document 1-1 Filed 09/21/17 Page 33 of 84
SUBJECT: Emergency Request for Expert Assistance Neurological Surgery

Expert Quali?cations, Contact Information and Rate

Dr. Cobey is an orthopedic surgeon with extensive experience performing spine surgery
for over 30 years. He received his medical degree from the Johns Hopkins School of Medicine,
and his master of public health at the Johns Hopkins Bloomberg School of Public Health,
focusing on international health. Dr. Cobey served in the U.S. Army as chief of the Preventive
Medicine Service at Fort Lewis, Washington (I 971 1973), attaining the rank of Major and
receiving the Meritorious Service Medal. He completed his orthopedic residency in 1976 at Yale
University. Dr. Cobey shared in the Nobel Peace Prize in 1997 for his role in the International
Campaign to Ban Land Mines and has extensive experience consulting on health issues with
international refugee and human rights agencies.27

Dr. Cobey?s contact information is:

James C. Cobey, MD, MPH, FACS

Johns Hopkins Bloomberg School of Public Health
4440 Gar?eld Street

Washington, DC 20007

cobey@att.net

The Defense estimates Dr. Cobey will require a maximum of 30 hours to consult on Mr.
al-Tamir?s case. The Defense has not yet had the chance to discuss Dr. Cobey?s hourly rate with
him but, will supply that information at the earliest possible time. We anticipate that it will be
consistent with the hourly rates previously approved by the Convening Authority or military
commissions for expert medical consultation.

This request is not a request for expert testimony. If Dr. Comey is required to testify, Mr.
al-Tamir will submit an additional request.

Conclusion

Mr. al?Tamir has a constitutional right to participate in his defense. His current severe
back pain and other debilitating deny him the ability to do so. The Defense requires an
expert consultant to assess Mr. al-Tamir?s medical status, something the Defense is not capable
doing of without expert assistance.

Additionally, failure to provide Mr. al-Tamir adequate medical care is a violation of the
Eighth Amendment. The Government, as the detaining authority, is obliged to provide medical
care for those it detains.28 A detainee is completely dependent on detention facility medical
of?cials for any and all medical care.29 Denial ofmedical care that results in pain and suffering
that does not serve any penological purpose amounts to cruel and unusual punishment under the
Eighth Amendment.30

 

37 Because of the sudden emergency situation from which this request arises and the holiday weekend, we have not
yet been able to obtain a curriculum vitae for Dr. Cobey, but will supply one as soon as we receive it.

2? See Estelle v. Gamble, 429 U.S. 97, 103 (1976).

29 Id.

30 Gregg v. Georgia, 428 US. 153, 183 (1976).

Case Document 1-1 Filed 09/21/17 Page 34 of 84

SUBJECT: Emergency Request for Expert Assistance Neurological Surgery

If any additional information is required to process this request, please contact the
undersigned at (703) 695?4882 or aimee.cooper@osd.mil.

Respectfully submitted,

Aimee M. Cooper

CDR, JAGC, U.S. Navy

Defense Counsel

Military Commissions Defense Organization

Enclosures:

Letter from James C. Cobey, MD, MPH, FACS, dated 1 September 2017.
Letter from Drs. Homer Venters and Vincent Iacopino, dated 31 August 2017.
Articles from Medical Journals and Medically sponsored websites

Excepts of Mr. al-Tamir?s medical record

com?

Case Document 1-1 Filed 09/21/17 Page 35 of 84

Exhibit 

Case Document 1-1 Filed 09/21/17 Page 36 of 84

Through evidence, Physiciaqsfor
- . Human Rights
change IS possuble.

 

256 West 38th Street
9th Fioor

New York, NY

10018

+1 .646.564.3720
August 31, 2017 

To Whom It May Concern:

Physicians for Human Rights has learned from the Military Commissions Defense Organization that a
detainee at Guantanamo Bay Detention Center complains of progressive back pain, bladder incontinence,
and loss of motor and sensory function in his legs which has recently resulted in an inability to walk. The
following description was shared with us today:

He '3 had back problems for years, but it has gotten dramatically worse over the past few
months. He sometimes losesfeeling in both ofhis legs; he has lost 90% ofthefeeling in left
leg; his motor control is deteriorating; and he periodically loses control of his bladder. Last
week, he was ?nally given a walker, but he is now unable to use it due to the loss of sensation
in his legs.

These if accurate, are consistent with serious neurologic impairment that may be permanent if
not diagnosed and treated Based on the reported there is a possibility of cauda
equina which could result in permanent neurologic damage and/ or paralysis if not diagnosed
and treated immediately.

Cauda equina requires emergency diagnosis and MRI, and evaluation by a neurosurgeon for
therapeutic intervention, which typically consists of high?dose corticosteroids and surgery.

We urge the authorities to be in immediate contact with medical staff so they can act in a timely manner
consistent with the standard of care.

Sincerely,

Homer Venters, MD, MS
Director of Programs
Physicians for Human Rights

Vincent Iacopino, MD, 
Senior Medical Adviser
Physicians for Human Rights

Case Document 1-1 Filed 09/21/17 Page 37 of 84

Exhibit 

Case Document 1-1 Filed 09/21/17 Page 38 of 84

Hurricane Irma: Pentagon medical team beats storm to Gitmo Miami Herald Guantanamo prisoner Abd ai Hadi al Iraqi, who says his true name is Nashwan al Tamir,
poses for the Internationai Committee of the Red Cross in a 2014 photo taken for his
family. and provided by his attorneys.

GUANTANAMD

Doctors beat Irma to
Guantanamo to operate on
alleged war criminal?s spine

BY CAROL ROSENBERG
crosenberg@miamiherald com

PM
With Hurricane Irma aimed at the Caribbean, the Pentagon

 

  

al?Qaida
army in Afghanistan after the Sept. 11 attacks, has been using a

   

Abd a1 Hadi a1 Iraqi, awaiting trial on charges he led the

wheelchair and experiencing pain with a bulging lower?back disc
from a decade-long degenerative disease, according to his
lawyers, who blamed years of ?useless treatment? at Guantanamo

for the situation.

But U.S. military officials described the same episode differently
as a demonstration of Department of Defense determination to
provide their captives with top?notch healthcare at the isolated
outpost.

At the heart of the crisis is a law forbidding any of Guantanamo?s
41 captives to come to the United States for any reason. That
means the small base hospital has to import expertise to address
medical care rather than med?evac captives to treatment, like any
of the other 5,500 residents of the base in southeast Cuba.

RELATED: Cable casts doubt on Guantanamo medical care

1

Case Document 1-1 Filed 09/21/17 Page 39 of 84

Hurricane Irma: Pentagon medical team beats storm to Gitmo 1 Miami Herald 9/17/17,10154 AM

Hurricane Alerts and Breaking News

Get the latest alerts by email

. Enter-Emali Address

 

Hadi?s lawyer, Navy Cmdr. Aimee Cooper, said the healthcare
crisis was long in coming. Doctors consulted by his Pentagon
defense team concluded that, based on Navy base CT scans, the
Iraqi was at risk of paralysis and needed the surgery since January.
Two doctors with Physicians for Human Rights, who made their
diagnoses based on descriptions by the Iraqi?s defense lawyers,

concurred.

Cooper said the situation turned dire over Labor Day weekend,
according to Hadi, who wrote in a letter Sunday that he had lost
feeling below the waist, became bladder incontinent in his cell
and was bought to the base hospital.

At the Pentagon, spokesman Air Force Maj. Ben Sakrisson refused
to confirm that Hadi was the patient but described the base as
handling a health challenge involving an unidenti?ed detainee in
parailel terms. The medical facility at Guantanamo Bay noti?ed
higher headquarters on Sunday that a detainee needed urgent
medical care within 24- to 48 hours. The surgery took place early
Tuesday, and doctors were still at the base Thursday monitoring
the man's recovery as Irma approached.

?Obviously there?s a general expectation that the Department of
Defense moves slowly,? Sakrisson said. ?But in this case, in a 36-
hour window starting with a request for Specialized medical care,
an aircraft was rerouted, a medical team was assembled and ?own
to Cuba. They diagnosed the situation, performed a surgery and
the patient was in recovery all those things happened in 36
hours, as everyone was spinning up for landfall of a potential

hurricane later in the week.?

RELATED: U.S. Navy opts not to evacuate residents from

Guantanamo Bay

The team included a neurosurgeon, a neuroradiologist, an
operating room nurse and a pair of neurosurgical technicians.
They arrived on a Navy 0-40 jet with a K?couple of pallets? of
equipment, Salcrisson said. They handled the case without bene?t
of an MRI that is being leased by the US. military to study the
brains of other former CIA captives held with Hadi. It was still in
the United States, expected to be shipped later in the month, after
the hurricanes clear.

But as of Thursday, the patient Sakrisson didn?t identify was
?recovering at this point and things loolt good. Where do you
draw the line on a full recovery? I wouldn?t speculate on that

2

Case Document 1-1 Filed 09/21/17 Page 40 of 84

Hurricane lrma: Pentagon medical team beats storm to Gitmo Miami Herald AM

one.?

Hadi?s lawyers, meantime, are bitter. They said even after the
surgery, the military from the U.S. Southern Command to
Guantanamo have refused to provide details, despite their receipt
on Tuesday of a letter Hadi wrote Sunday before the surgery
authorizing his Pentagon-paid lawyers to consult with his doctors.

?The surgery was needed since January; they wouidn?t have
needed to scramble to do it had they done it when it became
emergent in january of 2017,? Cooper said. ?I?m glad they got it
done; the only thing I?m concerned about is the client?s health.?

Moreover, she added that on Tuesday after failing to get any
health information the lawyers ?led a pleading at the war court
seeking suspension of pretrial proceedings on grounds Hadi could
not participate in his defense. don?t know that they?ll abate the
proceedings. But it?s the only stick I have to get the judge?s
attention.?

Pentagon spokesman Sakrisson framed it differently. couple
members of the surgical team stayed behind to monitor the
patient?s progress knowing that there is potentially a hurricane
inbound,? he said. ?It was everybody coming together and looking
at this individual as a human being and providing high-quality
care in a short time under an obviously stressful situation for
everybody involved.?

Hadi, 56, allegedly directed and paid insurgents to carry out
attacks on U.S. and allied troops and in the post 9/11
invasion of Afghanistan to hunt down Osama bin Laden and
dismantle the Taiiban. Hadi was captured a decade ago, in
Turkey, and in April 2007 was brought to Guant?namo?s
clandestine Camp 7 prison for former CIA captives. He was
charged at the war court in June 2014, and subsequently
announced that his true name is Nashwan a] Tamir.

MORE READING: About the war crimes trial of the
alleged al?Qaida commander
Never miss a local story.

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IN OT EWS The Pentagon Admits There Are a Lot More U.S. Troops in Afghanistan Than We Thought

3

Case Document 1-1 Filed 09/21/17 Page 41 of 84

Hurricane lrma: Pentagon medical team beats storm to Gitmo Miami Herald AM

 

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Case Document 1-1 Filed 09/21/17 Page 43 of 84

Exhibit 

Case Document 1-1 Filed 09/21/17 Page 44 of 84

Through evidence, Physiciaqsfor
- . Human Rights
change is possuble.

 

256 West 38th Street
9th Floor

New York, NY

10018

+1 .646.564.3720
September 8, 2017 phr.org

The Honorable James N. Mattis
Secretary of Defense

1100 Defense Pentagon
Washington, DC 20301

Dear Secretary Mattis,

Physicians for Human Rights has learned from news reports that the detainee at Guantanamo Bay
Detention Center, the subject of our August 31 and September '7 letters, received spine surgery on
September 5, 2017, presumably for spinal cord/ nerve decompression. We are pleased to hear this and
hope that the patient regains full neurological function in his lower extremities and urinary bladder.

We also read with interest the assertion of Department of Defense (DOD) spokesperson Air Force Maj.
Ben Sakrisson that timely emergency medical action was taken in this patient?s case, following a
recommendation for ?urgent medical care? within 24-48 hours, and that this is an example of the capacity
to effectively diagnose and treat emergency medical conditions at Guantanamo Bay Detention Center.
(Carol Rosenberg, ?Doctors beat Irma to Guantanamo to operate on alleged war criminal?s spine,? Miami
Herald, Sept. 7, 2017)

We are deeply concerned that the facts of this case do not support the public claim of appropriate,
high-quality, and timely medical/ surgical care. With all due respect to the medical personnel who traveled
on short notice to Guantanamo and performed the therapeutic intervention, especially with Hurricane
Irma approaching, this case exemplifies serious problems in the accurate and timely diagnosis of
emergency medical/ surgical conditions.

As you know, the patient had a history of back pain and a anuaiy 2017 CAT scan showed evidence of
severe neural encroachment that could easily progress to spinal stenosis. (Dr. James Cobey, Letter to
Defense Counsel, Sept. 5, 2017) This condition, if untreated, can result in spinal cord and/ or nerve
compression leading to permanent neurologic disabilities. We know from the patient?s extensive
communications with his attorneys that he reported to Guantanamo medical personnel having 
of progressive lower extremity weakness during the past several months. A CAT scan myelogram was
reportedly conducted in July 2017, but the results of that diagnostic imaging study have not been shared
with the patient?s legal team, nor have any medical records from January 23 2017 until the present. In
addition, we understand that the patient reportedly experienced of urinary incontinence during
the past several weeks. This is a medical surgical emergency that should have prompted immediate
diagnosis with an MRI or CAT scan myelogram and treatment with surgical decompression within 24-48
hours.

It is common medical knowledge, at the most basic level, that spinal stenosis associated with increasing
motor weakness requires urgent diagnosis and surgical treatment. When this patient experienced
of urinary incontinence weeks ago, in addition to motor weakness, the medical staff should
have acted immediately, but did not. Instead, we understand that the medical plan was to have an
anesthesiologist travel to Guantanamo on September 12, 2017 for steroid injections and for a
neurosurgeon to travel to Guantanamo on October 2, 2017. If true, this plan is a stunning example of
inappropriate diagnosis and treatment for a true medical emergency.

PHR medical staff were contacted by the patient?s legal counsel on August 31, 2017, verbally reviewed the
patient?s clinical status, and provided a medical opinion on a course of action based on the reported
Recognizing the urgency of the circumstances, PHR clinicians immediately wrote a letter
dated August 31, 2017 to camp authorities expressing concerns that the patient receive immediate

Case Document 1-1 Filed 09/21/17 Page 45 of 84

diagnostic and therapeutic intervention for presumed spinal cord nerve compression within 24?48 hours,
including transfer to an appropriate medical facility if necessary.

We understand that, after the patient?s iegal counsel relayed letter, Guantanamo administration
and medical personnel attended to this matter and arranged for urgent care. Surgery was reportedly
conducted on September four days after the PHR recommendation was transmitted to the
administration. We have not yet heard what the surgery entailed or what the patient?s condition is and
would very much like to be updated.

As you may know, it is common for such patients to experience significant neurological function
immediately after spinal cord nerve decompression and in subsequent weeks, but we do not know this to
be the case thus far. The patient?s post?operative course will reveal the extent to which deviations from the
standard of care may have permanently affected his neurological function. Suf?ce it to say, the significant
delay in diagnosis and surgical intervention should not be considered acceptable by any medical
personnel.

We understand that the patient?s legal team has not been able to obtain the patient?s medical records
beyond January 2017, the relevant period of time for the patient?s current clinical condition. All medical
records should be shared with the patient?s legal counsel to ensure adequate medical care. Health
professionals cannot provide meaningful care or obtain legitimate consent when their patients are denied
access to their own records.

We urge our Guantanamo medical colleagues to review this case in detai} with camp administrators. In
addition to the quality of care issues in this case, we urge them to address the need for timely and urgent
access/ transfer to tertiary medical care facilities. We know that there are many emergency medical
conditions that require immediate medical and/ or surgical intervention at a tertiary facility, for example:
acute myocardial infarction, hemorrhagic stroke, ruptured aortic aneurysm, etc. Relying on limited
medical and surgical capacities at Guantanamo in combination with a prohibition for transfer to the
United States, including for emergency medical care, is a policy that will undoubtedly result in medical
negligence. This is unfair to the medical personnel at Guantanamo and exposes them and the facility to
serious legal and professional liability. Most importantly, it subjects detainees to the risk of substandard
care and its health consequences.

We stand ready to support efforts by Guantanamo medical personnel to effect policy changes that are
commensurate with medical and surgical imperatives and the standard of care. Thank you for your
consideration.

Sincerely,

Homer Venters, MD, MS
Director of Programs
Physicians for Human Rights

Vincent lacopino, MD, 
Senior Medical Advisor
Physicians for Human Rights

CC:

Admiral Kurt W. Tidd
Commander, United States Southern Command

Rear Admiral Edward B. Cashman
Commander, Joint Task Force Guantanamo, United States Southern Command

Case Document 1-1 Filed 09/21/17 Page 46 of 84

Exhibit 

Case Document 1-1 Filed 09/21/17 Page 47 of 84

MILITARY COMMISSIONS TRIAL JUDICIARY
GUANTANAMO BAY, CUBA

 

 

AE 099D
UNITED STATES OF AMERICA
Defense Notice

v. of Mr. al?Tamir?s Current Medical Status
Regarding AB 099 Emergency Motion to
ABD AL HADI AL IRAQI Abate the Proceedings Until Mr. al?Tamir is

Physically Competent to Stand Trial

18 September 2017

 

 

1. Timeliness.

This Notice is ?led timely pursuant to Military Commissions Trial Judiciary Rule of
Court It is ?led subsequent to AE O99C Order, but is not the Defense?s Response to
that Order.1
2. Notice of Current Medical Condition.

1. It appears that Mr. al?Tamir?s physical condition has either deteriorated signi?cantly
since the ?ling of AE 099(Sup)2 or was worse than was understood at the time ofthe ?ling.

2. In his letter received on 12 September 2017, Mr. al?Tamir stated that the surgeon
informed him that he would have another operation in six to ten weeks time to address his upper?

body neurological problems.3

 

This Notice of Current Medical Condition is not the Defense response to AE 099C Order. The Defense will
respond to that Order in a timely fashion after it learns as much as possible about Mr. al-Tamir?s next surgery, which
per the facts set forth below may be happening today, 18 September 2017.

2 AE 099(Sup) Defense Supplement to Emergency Motion to Abate the Proceedings Until Mr. al-Tamir is
Physically Competent to Stand Trial.

3 AE 099(Sup) at 2-3.

 

Case Document 1-1 Filed 09/21/17 Page 48 of 84

3. On 14 September 2017, the Defense was informed that instead of waiting the six to
eight weeks his doctors originally prescribed, Mr. al-Tamir will undergo a second operation on
Tuesday or Wednesday, 19 or 20 September. The Defense learned of this apparent change in
plans solely because the Legal Advisor to the Convening Authority reached out to the Military
Commissions Defense Organization?s Deputy Chief Defense Counsel (DCDC) to inform him of
it. In addition to the surgery being moved up, the Legal Advisor informed the DCDC that Mr.
al-Tamir would be unable to meet with his counsel for four to six weeks following the
operation.?4

4. Late in the afternoon of 15 September 2017, the Defense was informed by
Government counsel in a phone call that the operation might in fact be performed on Monday, 18
September. Government counsel con?rmed that Mr. al?Tamir would be unable to meet with
Defense counsel for four to six weeks following the impending operation, but did not otherwise
provide any additional information about Mr. al-Tamir?s medical condition.

5. On the evening of 15 September 2017, the Defense received another letter from Mr.
al-Tamir. Based on a preliminary translation, the Defense understands the following:

a. Mr. al-Tamir?s have become progressively worse since the first
operation. Mr. alnTamir describes worsening in both lower- and upper?body 

b. By 12 September 2017, the Camp Doctor had become sufficiently concerned that
he contacted the surgical team. On that date the decision was made to fly the surgeons back to

Guantanamo on Sunday or Monday, 17 or 18 September, for another surgery on Mr. al?Tamir?s

cervical spine.

 

4 Email from COL Wayne Aaron to BGen John Baker dated 14 September 2017 (redacted) (Attachment hereto).
2

Case Document 1-1 Filed 09/21/17 Page 49 of 84

c. The medical staff informed Mr. al?Tamir that the new surgery would require a
special bed not available in Guantanamo Bay, and that there has been difficulty locating ?metal?
to be placed into his spine as part of the operation.

d. The medical staff also informed him that the surgical team will include an
additional medical expert for this surgery, a ?bone specialist.?

e. Mr. al-Tamir continues to require steroids for pain and his other up to
three times per day. He continues to experience incontinence.

6. As explained in previous ?lings, since the onset of Mr. al-Tamir?s medical
emergency, Joint Task Force has denied the Defense all information and access to their client
(with the exception of two letters he has been able to write when steroids have made it possible).
Defense counsel have emailed JTF repeatedly attempting to obtain any information at all about
Mr. al?Tamir?s condition since his operation, to no avail.5 When Defense counsel were finally
told they were ?welcome to submit a special request form . . . to request arrangement of an
expedited phone call with your client?6 and did so, the request was denied.7 So was Defense
counsel?s special request for a meeting with Mr. al?Tamir.8 So was their routine request for
meetings with him.9

7. Compounding virtual cut?off of information about Mr. aI?Tamir, the
Government?s production of medical records to the Defense remains incomplete and, more
important, virtually useless to the need at hand, which is determination of Mr. al?Tamir?s current

fitness to stand trial. Even though Mr. al?Tamir has now had at least two CT scans since July

 

5 See Email chain between Defense counsel and SOUTHCOM (Attachment hereto).

6 Att. at l.

7 Email from SOUTHCOM to Defense counsel dated 14 September 2017 (Attachment hereto).

8 Email from SOUTHCOM to Defense counsel dated 14 September 20} 7 (Attachment hereto).

9 Email from SOUTHCOM to Defense counsel dated 15 September 2017 (Attachment hereto).
3

Case Document 1-1 Filed 09/21/17 Page 50 of 84

(the most recent reportedly conducted in connection with his ?rst operation), the Defense has
received neither of them. The most recent medical records produced date from March 2017.
Without the most current medical information, the Defense cannot protect Mr. al?Tamir?s right to
fair proceedings or his health.

8. Worse yet, many of these records including some of the most important, relating to
information taken from Mr. al-Tamir around the time of his January 2017 CT scan have been
classi?ed at the SECRET level. There is no conceivable national security aspect to these records
(and indeed they are in facial violation of the classi?cation rules because none of them are
paragraph marked). Because these records have been marked as classi?ed, the Defense cannot
show them to its experts nor question them about their contents. The Defense has submitted the
most important of these records for expedited classification review, but that is no substitute for
receipt of properly marked as unclassi?ed discovery in the ?rst place, especially in light of
the critically time?sensitive nature of Mr. al-Tamir?s evolving medical ordeal.

9. For all of these reasons, the Commission?s sole source of information to date about
Mr. al-Tamir?s medical condition has evidently come from the letters that he has been able to
write to Defense counsel. That is inexcusable, given that his condition has become more and
more critical to the continued viability of these proceedings and given that it is the Government,
not the Defense, that is immediately privy to all of the information about his treatment and
medical condition.

10. The Defense will respond to AE 099C Order with additional information and a

request for appropriate relief.

Case Document 1-1 Filed 09/21/17 Page 51 of 84

3. Attachments.
A. Certi?cate of Service dated 18 September 2017.

13. Email from COL Wayne Aaron to BGen John Baker dated 14 September 2017

(redacted).
C. Email from SOUTHCOM to Defense counsel dated 15 September 2017.
D. Email chain between Defense counsel and SOUTHCOM.
E. Email from SOUTHCOM to Defense counsel dated 14 September 2017.
F. Email from SOUTHCOM to Defense counsel dated 14 September 2017.

Respectfully Submitted,



BRENT RUSHFORTH JEFFREY A. FISCHER

Pro Bono Counsel CAPT, JAGC, USN
Detailed Defense Counsel



AIMEE COOPER ADAM 

CDR, JAGC, USN Assistant Defense Counsel

Detailed Defense Counsel

Case Document 1-1 Filed 09/21/17 Page 52 of 84

ATTACHMENT A

Case Document 1-1 Filed 09/21/17 Page 53 of 84

CERTIFICATE OF SERVICE

I certify that on 18 September 2017, I ?led AE 099D Defense Notice of Mr. al-Tamir?s
Current Medical Status Regarding AB 099 Emergency Defense Motion to Abate the Proceedings
Until Mr. al-Tamir is Physically Competent to Stand Trial, with the Office of Military
Commissions Trial Judiciary and served on Government counsel ofrecord.


ADAM 
Assistant Defense Counsel

Case Document 1-1 Filed 09/21/17 Page 54 of 84

ATTACHMENT 

Case Document 1-1 Filed 09/21/17 Page 55 of 84

?fiaumchweii, Adam Mr (359 OMC Qefense

 

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the surge?2m i ?pre-SSEd the team?g frustfaiia? if: i" in {as at heferefa?ar i338 ma and ha r22 tied
that?s wh he was 

         

WJA


Case Document 1-1 Filed 09/21/17 Page 56 of 84

ATTACHMENT 

10

Case Document 1-1 Filed 09/21/17 Page 57 of 84

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Case Document 1-1 Filed 09/21/17 Page 58 of 84

afternom Teazrz,
My apa?ate? 0n aha?: reams: bemw? Thanks in gamma

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Case Document 1-1 Filed 09/21/17 Page 59 of 84



13

Case Document 1-1 Filed 09/21/17 Page 60 of 84

ATTACHMENT 

14

Case Document 1-1 Filed 09/21/17 Page 61 of 84

 

Ham: {saver initiate? ?3332 {$230 ii?-?j i'??efeaws"


Sub}ect: Fw ISM 113026: UNCLASSIFIED)

Date: Frkiay, September 8, 201? 4:50:45 ?351

 

Begin fezwarded message:

.an1: NS Guantanmmc Bay GTMO SEA Mailimx LS3

 

Date: Septem net 8, 201?? ai?1c43c4i PM EDT
To: ?Casper, Aimee CDR GSD OMC Defwse? M,
NS Ba ITF GTMO SJA Man 0:94 LSS

  
  
  
 

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Subject: RE: .ISN 1&826 (UNCLASSIFIED)

CLASSIFICATION UNCLASSIFIED
CDR Cenpen

Yea are weicmne to submii: a speciai request farm be {his 1333le to request
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15

Case Document 1-1 Filed 09/21/17 Page 62 of 84

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16

Case Document 1-1 Filed 09/21/17 Page 63 of 84

CDR Cooper

Aimee Cooper
CDR, IAGC, USN

Militari Commissions Defense Organization

Caution: This communication may be privileged as attorney work product and/or
attorney-client communication or may be protected by another privilege
recognized under the law. Do not distribute, forward, or release without the prior
approval of the sender or Military Commissions Defense Organization, Of?ce of
the Chief Defense Counsel. In addition, this communication may contain
individually identifiable information the disclosure of which, to any person or
agency not entitled to receive it, is or may be prohibited by the Privacy Act, 5
U.S.C. ?552a. Improper disclosure of protected information could result in civil
action or criminal prosecution.

Original 
From: SOUTHCOM NS Guantanamo Ba JTF GTMO SJA Mailbox LSS

Sent: Friday, September 08, 2017 2:07 PM

To: Cooper, Aimee CDR OSD OMC Defense; SOUTHCOM NS Guantanamo
Bay ITF GTMO SJA Mailbox SOUTHCOM NS Guantanamo Bay JTF
GTMO SJA Mailbox LSS

Cc: 'Adam Fischer, Jeffrey A CAPT OSD OMC Defense;
Schwartz, Michael A CIV OMC DEFENSE

Subject: RE: 10026 (UNCLASSIFIED)

CLASSIFICATION: UNCLASSIFIED
CDR Cooper,

JTF-GTMO SJA advises the ITF Commander on all legal matters related to the
ITF mission to support litigation including the litigation occurring in the Military
Commissions. The JTF-GTMO SJA also advises the ITF Commander on all legal
matters related to the JTF mission to provide safe and humane treatment for all
detainees, including your client. For routine information, as you are already
aware, SJA supports all the regularly recurring discovery
requirements for Commissions litigation by, among other things, coordinating the
copying and dissemination of medical records, etc. Regarding proper channels
for disseminating relevant emergent information to parties in litigation, 
GTMO SJA will continue to work through and with its chain of command to
provide information to the Combatant Commander (in this case Commander
SOUTHCOM) to decide what information is reasonably required for litigation
and how/when to disseminate that information to the Office ofMilitary
Commissions (OMC).

Case Document 1-1 Filed 09/21/17 Page 64 of 84

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Case Document 1-1 Filed 09/21/17 Page 65 of 84

communicate with me regarding his medical condition. He has given the doctor
permission to communicate with me and has asked me to communicate with the
doctor. My understanding is that these efforts were to be coordinated through the
SJA. 1 have yet to speak to the doctor and not for my lack of asking.

I want a response to the following today. lfyou are unable to provide the
requested information by 1330 today, please tell us all the information you have
been abie to obtain at that time and when the rest can be expected. lfyou cannot
provide a response, please let me know the proper channels the media used
perhaps they can be of help.

1. What is Mr. al?Tamir?s current medical condition/status?

2. What medicai tests and procedures to include surgeries has Mr. al-Tamir
undergone since being admitted to the hospital on 3 September 2017.

3. When were the above medical tests and procedures to include surgeries
performed?

4. What is the expected outcome of the medical procedures to include surgeries
performed?

5. A list of all medications that Mr. al-Tamir has been prescribed.

6. All medical records associated with all medical tests, procedures to include
surgeries since 3 September 2017

7. Any noti?cation regarding Mr. al-Tamir's health that have been shared with
Government counsel of record or the Commission.

Again, 1 reiterate my previous request to be updated daily - morning, mid-
afternoon and end of day AND whenever his medical condition changes. A
change in his medical condition includes an upgrade in his condition or any
decline his health however slight the decline is.

V/r CDR Cooper

Aimee Cooper
CDR, JAGC,

Militari Commissions Defense Organization

Caution: This communication may be privileged as attorney work product and/or
attorney-client communication or may be protected by another privilege
recognized under the law. Do not distribute, forward, or release without the prior
approval ofthe sender or Military Commissions Defense Organization, Office of
the ChiefDefense Counsel. In addition, this communication may contain
individually identifiable information the disclosure ofwhich, to any person or
agency not entitled to receive it, is or may be prohibited by the Privacy Act, 5

19

Case Document 1-1 Filed 09/21/17 Page 66 of 84

U.S.C. ?552a. Improper disclosure of protected information c0uld result in civil
action or criminal prosecution.

Original Message?-?--

From: Cooper, Aimee CDR OSD OMC Defense

Sent: Thursday, September 07, 2017 1 1:56 AM

To: SOUTHCOM NS Guantanamo Bay JTF GTMO SJA Mailbox 
SOUTHCOM NS Guantanamo Bay JTF GTMO SJA Mailbox LSS

Cc: Adam Mr USU OMC 
Fischer, Jeffrey A CAPT OSD OMC Defense; Schwartz, Michael A CIV OMC
DEFENSE

Subject: RE: ISN 10026 (UNCLASSIFIED)

Importance: High

Good Morning,

I am glad to hear that JTF is engaged in Mr. al-Tamir?s medical condition and
treatment. The issue here is that his defense team is not engaged only because
JTF refuses to provide updates. Thus far the only medical updates I have are from
my client. I would not have even known he was hospitalized if he had not told
me. I am under the belief that Mr. al?Tamir has undergone medical treatment
within the past 48 hours that leaves him incapable of communicating with me.
Mr. al?Tamir told me that the doctor was ready to communicate with me
regarding his medical condition. He has given the doctor permission to
communicate with me and has asked me to communicate with the doctor. My
understanding is that these efforts were to be coordinated through the SJA.
Instead, we have been unable to receive any information from or about our client
at all. In these circumstances JTF's refusal to coordinate communications
between myself, the doctor or Mr. al-Tamir or provide any information
whatsoever about his medical status is directly interfering with the attorney/client
relationship. Accordingly, please provide the following as soon as feasible. If
you are unable to provide the requested information by 1330 today, please tell us
all the information you have been able to obtain at that time and when the rest can
be expected.

I. What is Mr. al?Tamir?s current medical condition/status?

2. What medical tests and procedures to include surgeries has Mr. aI?Tamir
undergone since being admitted to the hospital on 3 September 20l 7.

3. When were the above medical tests and procedures to include surgeries
performed?

4. What is the expected outcome ofthe medical procedures to include surgeries
performed?

5. A list of all medications that Mr. al?Tamir has been prescribed.

20

Case Document 1-1 Filed 09/21/17 Page 67 of 84

6. All medical records associated with all medical tests, procedures to include
surgeries since 3 September 2017

7. Any noti?cation regarding Mr. al-Tamir?s health that have been shared with
Government counsel of record or the Commission.

Again, I reiterate my previous request to be updated daily - morning, mid-
afternoon and end of day AND whenever his medical condition changes. A
change in his medical condition includes an upgrade in his condition or any
decline his health - however slight the decline is.

For clari?cation to your email - who are the proper channels outside the defense
team? Ifthere is someone else I should be addressing, please provide contact
information ASAP.

Cooper

Aimee Cooper
CDR, JAGC, USN

Militari Commissions Defense Organization

Caution: This communication may be privileged as attorney work product and/or
attorney-client communication or may be protected by another privilege
recognized under the law. Do not distribute, forward, or release without the prior
approval of the sender or Military Commissions Defense Organization, Of?ce of
the ChiefDefense Counsel. In addition, this communication may contain
individually identi?able information the disclosure ofwhich, to any person or
agency not entitled to receive it, is or may be prohibited by the Privacy Act, 5
U.S.C. ?552a. Improper disclosure ofprotected information could result in civil
action or criminal prosecution.

Original 
From: SOUTHCOM NS Guantanamo Ba JTF GTMO SJA Mailbox LSS

 

Sent: Wednesday, September 06, 2017 1:55 PM

To: Cooper, Aimee CDR OSD OMC Defense; SOUTHCOM NS Guantanamo
Bay JTF GTMO SJA Mailbox LSS

Cc: Adam Mr oso OMC Defense; CTR (US)
Subject: RE: ISN 10026 (UNCLASSIFIED)

CLASSIFICATION: UNCLASSIFIED
CDR Cooper,

.ITF is fully engaged on all aspects ofyour client's medical condition and
treatment. JTF is also tracking and prepared for the impending storm conditions.

2]

Case Document 1-1 Filed 09/21/17 Page 68 of 84

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SS If?? ATZQN: UNCLA SSIFIED

22

Case Document 1-1 Filed 09/21/17 Page 69 of 84

CLASSIFICATION: UNCLASSIFIED

CLASSIFICATION: UNCLASSIFIED

23

Case Document 1-1 Filed 09/21/17 Page 70 of 84

ATTACHMENT 

24

Case Document 1-1 Filed 09/21/17 Page 71 of 84

From: 333$ Guantanama GTMQ S333 i?da?mx LESS

 

 

  

 

 

To: NS {Sua?tmma Bax? 133MB 33A Ma?ibox 3.35
Cc: Conger, ?si??ree COR GED OW: De tense;
Subject: RE: Emergency Spedal Request (Siam: Phone {3315 

Date: Thursday, Septembei 2617 13:49:49 AM

 

CLASSIFICATION: 
CDR 

Your JTFKETMG Attorney Request Faun, Subject: Smciai Requegt - Phage Call? dated
11 Sepiember 2&1? regarding an exyediwd phone caii was received and is hex?eiyy ERNIE-D.


LSS

Original Messagewwn

M- We osa 

Senf: Monday, September 21, 29?? 9:42 AM
To; SOUTHCOM NS Guantanamo Bay 31*? SJA Ma?box LSS -

Cc: (3091:2211 Aimee CDR USN 

  
 

Subjea: Emergency Special Request - Client Phane {3:12 
CLASSIFICATION: UNCLASSEFFED

Good rimming,

.E?iease see the attached Emergency Request. Flame let me know if yen have any questiens or cancemss, and
if yen are 3518 it} accanmmdafe this request Thank ya: in a?vance.

V513

Tedmica} Sez?gem?, US. Air Force
Defema Paralegal
Military menissiaus Eefeusa {h?gauization

  

CLAESIHCATEON: UNCLASSIFIED

CLASSIFECATZON: 

25

Case Document 1-1 Filed 09/21/17 Page 72 of 84

ATTACHMENT 

26

Case Document 1-1 Filed 09/21/17 Page 73 of 84

 

 

 

 

me: SQUTHCOM Guantanama 821v mm 83A i?v?a??mx {35

To: 0w DEFENSE: gamma-s NS Guantanami) Bay In: mm 33A Mailbox 15$:
was} mama 551M332 GTMCI 83A Ma?box {88

(it: ?00382?, Aimee (ESE) 0W: Gefense

Subject: RE: Emergency Spesziai Request (UNCLASSWIED)

Date: Thurgday, September 34, 281? 10:50:95 AM

 

CLASSIFICATION: LWCLASSEFIED
CUR (360921",

Your 3 i Aftmney Reaguest Fem}, Subject: "Emergency Syeciai Requesst? dated 13
September 213}? z?egax?dmg a requesf far Mommy/?client :zleef?ngs was received and is hereby Additional
hafommtiou regarding this {iexziai wi?i be pmvi?ed via the Qf?te of Military- Coum?sgions,


LSS

Qi??ginai Messagemm

Sent: W?e?uesday. September i3, 201'? 9:54 AM

T0: NS Bay GTMO SEA M38130): LSS
?mi??m NS {Em?u?anamo Bay GTMO 33A Mailbox L58

Cc: {Scope}; Ahnee USN (US,
Subject Emergency Syeciai Request 

  
 

UNCLASSIFEEB
{300d aning

P3851336 see the marched Emergency Speciai Requesf far A?cmey Meefimg? at HGSpifaI. ?ease ief me 1016?" if
yen ?aws-e any quest'iaas (32? cancerm; and if yet} can this reqaegi; Thank yam i1: ad?mnce.


Teclmicai Sergeant US. Air Force

Deflanse Famlegal
Defenge Organization

  

UNCLASSIFIED

CLASSIHCATIQN: 

27

Case Document 1-1 Filed 09/21/17 Page 74 of 84

Exhibit I

Case Document 1-1 Filed 09/21/17 Page 75 of 84

OF ME flit? DEFENSE
entries or: anteater 
ease rattan eanraa risers
an assassins

 

Converting Authority;

SEP 132017

MEMORANDUM FOR COMMANDER AIMEE COOPER, MILITARY DEFENSE
COUNSEL

SUBJECT: Defense Request for Expert Assistance Neurological Surgery US. v. Hadi al
Iraqi

I have carefully reviewed your request, which is dated September 1, 2017, for the
appointment and funding of Dr. James C. Cobey, MD, MPH, as an expert consultant in the field
of orthopedic surgery to assist in the defense of Mr. Hadi by assessing whether he can participate
in his defense and his ?tness to stand trial. For the reasons set forth below, I must deny your
request.

Rule for Military Commission (R.M.C.) 703(d) establishes the procedure for requesting
expert assistance and requires each party to provide the opposing party notice of such requests. You
provided notice of the instant request to the prosecution on September 1, 2017.

An accused is entitled to the employment of an expert, provided that he or she can
demonstrate the necessity for the expert assistance. See Ake v. Oklahoma, 470 US. 68 (1985). As
the Ake? Court explained, an indigent defendant is entitled to access ?the raw materials integral to the
building of an effective defense.? Id. at 77. The Court noted that an indigent defendant is not
constitutionally entitled to ?all the assistance that his wealthier counterpart might buy,? but that
?fundamental fairness entitles indigent defendants to an adequate opportunity to present their claims
fairly within the adversary system.? Id. Military courts have embraced this rule in a series of
opinions spanning decades. See United States v. Garries, 22 MJ. 288, 291 (C.M.A. 1986); United
States 1). Lloyd, 69 95, 99 (C.A.A.F. 2010); United States v. Freeman, 65 MJ. 451, 458
(C.A.A.F. 2008); United States v. Bresnahan, 62 NM. 137, 143 (C.A.A.F. 2005); United States v.
Gonzalez, 39 459, 461 (C.M.A. 1994); United States v. Robinson, 39 MJ. 88, 89 (C.M.A.
1994); United States v. Cannon, '74 NM. 746, 750 (A.C.C.A. 2015) (?If the defense demonstrates
that expert assistance is relevant and necessary, than an expert shall be employed at government
expense to assist the defense?).

To demonstrate necessity, an accused must Show something more than a mere possibility of
assistance from a requested expert. An accused must show that there exists a reasonable probability
both that the expert would be of assistance to the defense and that denial of the expert assistance
would result in a fundamentally unfair trial. See United States v. Gankle, 55 Ml. 26, 31 (C.A.A.F.
2001); Robinson, 39 M.J. at 89. In demonstrating the necessity for expert assistance, the defense
must show: (1) why the expert assistance is needed; (2) what the expert assistance would
accomplish for the accused; and,(3) why the defense counsel is unable to gather and present the
evidence that the expert assistance would be able to develOp. See Gun/tie, 55 at 32; Gonzalez,
39 M.J. at 461.

Printed on Recycled Paper

 

Case Document 1-1 Filed 09/21/17 Page 76 of 84

I ?nd that you have not made the requisite showing of necessity for the appointment of this
expert at this time. Your request indicates that the appointment of Dr. Cobey is necessary because
Mr. Hadi?s medical condition prohibits him from participating in his defense and because, you
assert, has demonstrated itself incapable of treating his condition. It is my
understanding, however, that on September 4, 2017, a Navy neurosurgical team performed surgery
on Mr. Hadi to address the medical issues you discuss in your request. My of?ce has been
informed that further surgery is planned for the week of September 18, 2017. The detention facility
is responsible for providing any necessary medical care for detainees and for determining an
appropriate course of treatment for their In light of the ongoing medical treatment being
afforded Mr. Hadi, I cannot ?nd that you have sufficiently demonstrated that Dr. Cobey?s assistance
is required.

For the foregoing reasons, your request for the appointment and funding of Dr. Cobey as an
expert consultant 1n the ?eld of orthopedic surgery is denied. If you file a motion to compel, please
ensure that this response is included with any pleadings that you with the 0 mission.

 

for Military Commissions
cc: Trial Counsel

Case Document 1-1 Filed 09/21/17 Page 77 of 84

Exhibit 

Alleged a19??1?$?1llna?l?r91?e ?914; ng?ne ale-m {116th IZeBra?lf 84 Page 1 of 7

 

 

 





 

GUANTANAMO

Alleged al?Qaida commander needs more spine
surgery; next Guantanamo hearing in doubt

BY CAROL ROSENBERG
(rosenb (0m

SEPTEMBER 15, 2017 3:52 PM

73566786.html 9/18/2017

Alleged aif?a?eclaa?m?l?rg?a?ol??i?le 1mg 11(9an 84 Page 2 of 7

A high?value detainee at Guantanamo needs a second Spinal cord surgery, this one on
his neck, a medical procedure that his lawyers say will likely mean cancellation of next
month?s war court hearing in the case of an Iraqi man accused of commanding the al?
Qaida army in Afghanistan after the Sept. 11 attacks.

Pentagon?paid lawyers for Abd al Hadi al Iraqi, 56, said they got notice Thursday
night that the man who calls himself Nashwan al Tamir will undergo neck surgery
next week, Sept. 19 or 20. They were told he would be unable to see anyone on his
legal defense team for four to six weeks following surgery. His next war court hearing
is scheduled for Oct. 2?6.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Yer: ear: get an extra 3333
menihiy with 

 
 

meats: team 33
Earlier this month, as Hurricane Irma was headed Guantanamo 3 way, the captive

became incontinent, and the war?on?terror prison scrambled a special neurosurgery
team to the base in southeast Cuba to conduct emergency surgery on Hadi?s lower
back a procedure that, according to doctors consulted by defense attorneys, was
clearly necessary months ago based on a January CT scan.

Guantanamo?s 41 war?on?terror captives are forbidden by law from being brought to
the United States for any reason. So the small base hospital has to import medical
expertise rather than med?evac captives for complex treatment as it does for any other
resident on the base of about 5,500 people.

Hurricane Alerts and Breaking News

Get the latest alerts by email

Enter Email Address

73566786.html 9/18/2017

Alleged alg?gg dairin?niil?? re spine i'i?g? gage cit 84 Page 3 of 7

READ MORE: Doctors beat Irma to Guantanamo to operate on alleged war

criminal?s spine

 

Guantanamo prisoner Abd al Hadi a! Iraqi, who says his true name is Nashwan al Tamir, poses for the
international Committee of the Red Cross in a 2014 photo taken for his family, and provided by his
attorneys.

Hadi?s attorneys describe next week?s surgery as an emergency operation; a letter he
wrote them this week said he was advised, absent some urgency, that he would
require 6 to 12 weeks of recovery from the lower back operation before the neck
surgery. His lawyer, Navy Cmdr. Aimee COOper, said she was noti?ed Thursday
evening that he would be unable to speak with his legal team for weeks in person or
by phone because neck surgery had been scheduled.

http:/f .com/news/ d/ americas/ gu antanamo/ article 1 73566786.}1tml 9/18/2017

Alleged aggibea $3$Z593?39d9d??i?e??ne {a?ggi ?d'raQti 84 Page 4 of 7

Hadi was formally charged with war crimes in June 2014. The case is still in pretrial
hearings as prosecutors continue to disclose some evidence to his lawyers, who are
contesting the legality of some aspects of the war court created by George W. Bush.
Hadi, who fled service in Saddam Hussein?s Iraqi Army in the 19903, is accused of
directing and paying insurgents to carry out attacks on US and allied tr00ps and
civilians during the post? 9/11 invasion of Afghanistan to hunt down Osama bin
Laden and dismantle the Taliban.

GUIDE: About the war crimes trial of the alleged al-Qaida commander

No trial date has been set. His judge, Marine Col. Peter Rubin, has asked for an
update on Hadi?s health condition by Sept. 21, and set a light agenda for the October
session four discovery motions, an expert request and Hadi?s lawyers? request to
suspend all proceedings, according to Cooper, ?until he?s competent and healthy to
stand trial.?

?He obviously can?t prepare,? she said, ?if he can?t meet with his lawyers.?

Cooper said the ?rst surgery had left a numbness in his left side, and he wrote his
lawyers Sept. 11 that he was able to only walk a few feet, ?with the assistance of
others, holding him up.? His lawyers said he also related that, sometime before the
hurricane swept past, Hadi was moved from the remote US. Navy base?s community
hOSpital back into the Detention Center Zone and kept at a small prison clinic.

At the Pentagon, spokesman Air Force Maj. Ben Sakrisson said, as of Friday, the
hearing was still on the war court calendar for next month. ?Any requests for delay,
medical or otherwise, would only come after an appropriate motion has been filed and
ruled on by the military judge,? he said by email.

 

73566786.htm] 8/2017

Alleged (Jot?tgagd?iqg?glg??f?eg?ie (I 84 Page 5 of 7

 

Guantanamo Navy base hospital on Oct. 13, 2016. CAROL ROSENBERG 
crosenberg?miamiheraldcom

Never miss a local story.
Sign up today for a free 30 day free trial of unlimited digital access.

SUBSCRIBE NOW

IN 0TH EWS I Trump promises to eradicate terrorism after 'vicious' London 

73566786.html 8/2017

Alleged obIrI'izzTMI?T?Qig'gg?leeQ?ae ??la90f 84 Page 6 of 7

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guantanamo/ article] 73566786.]1tml 9/18/2017

Case Document 1-2 Filed 09/21/17 Page 1 of 2

{Rt-v. ?il'i? lli'i

CIVIL COVER SHEET

 

I. PLAINTIFFS

NASHWAN AL-RAMER ABDULRAZZAQ,

aka Abdul Hadi al Iraqi, ISN 10026

Detainee, U.S. Naval Station, Guantanamo Bay,

COUNTY OF 

DENCE OF FIRST LISTED PLAINTIFF I
(EXCEPT IN US. PLAINTIFF CASES)


DONALD J. TRUMP, President,

JAMES N. MATTIS, Secretary of Defense,
HARVEY RISHIKOF. Convening Authority For Military

Commissions. et al.

COUNTY OF RESIDENCE OF FIRST LISTED DEFENDANT
(IN US. PLAINTIFF CASES ONLY)

 

ATTORNEYS llilltM NAME, ADDR ITS-18, AND 

Brent N. Rushforth [Bar No. 331074]
Tiffany Heavlin [Bar No. 1020997]
Mel-(col Smith 1999 Street, NW

Washington, DC. 20006 Telephone: (202) 370-8300

Case: 1 :17-cv?01928

Assigned To Sullivan, Emmet G.

Assign. Date 9122111201 7

Description: Habeas Corpus/2255

 

1 US. Government
Plaintiff

2 US. Government
Defendant

 

II. BASIS OF JURISDICTION
(PLACE AN ONE BOX ONLY)

9 3 Federal Question
(U.S. Govemment Not a Party)

Q) 4 Diversity
(Indicate Citizenship of
Parties in item 111)

 

U1 1 1?11?u11 my 1 (11? 1114i.) (1 Lanna; nn A gun a uu

PLAINTIFF AND ONE BOX FOR DEFENDANT) FOR DIVERSITY CASES 

 

PT DFT PTF 
Citizen of this State 9 1 I Incorporated or Principal Place 6 4 4
of Business in This State
Citizen 0f Another State 9 2 2 Incorporated and Principal Place 5 5
of Business in Another State
Citizen or Subject of a 3 3
Foreign Country 9 0 Foreign Nation 6 6

 

[Place an in one category, A-N, that best

IV. CASE ASSIGNMENT AND NATURE OF SUIT

represents your Cause ol?Action and one in a corresponding Nature of Suit)

 

A. Antitrust

410 Antitrust

 

B. Personal Injury/
Malpractice

310 Airplane

El 315 Airplane Product Liability

320 Assault, Libel Slander

I: 330 Federal Employers Liability

340 Marine

345 Marine Product Liability

[3 350 Motor Vehicle

355 Motor Vehicle Product Liability

360 Other Personal Injury

l:l 362 Medical Malpractice

365 Product Liability

I: 367 Health Care/Pharmaceutical
Personal Injury Product Liability

El 368 Asbestos Product Liability

 

0 C. AdministrativeAgency
Review

151 Medicare Act

Social Security
861 HIA (139511)

862 Black Lung (923)

863 DIWCIDIWW (405(g))

864 $11) Title xv1

865 RSI (405(g))

Other Statutes

891 Agricultural Acts

893 Environmental Matters

890 Other Statutory Actions (If
Administrative Agency is
Involved)

 

D. Temporary Restraining
Order/Preliminary
Injunction

Any nature of suit from any category
may be selected for this category of
case assignment.

Antitrust, then A governs)*

 

 

 

 

 

 

E. General Civil (Other) 0R 0 F. Pro Se General Civil
Real Properg Bankruptcy Federal Tax Suits [3 462 Naturalization
[:1210 Land Condemnation 422 Appeal 2'7 USC 158 870 Taxes (US plaintiff or Application
D220 Foreclosure 423 Withdrawal 28 USC 157 defendant) 465 Other Immigration
[3230 Rent, Lease Ejectment 371 IRS-Third Party 26 USC Actions
Ci 240 Torts 10 Land Prisoner Petitions 7609 470 Racketeer In?uenced
I: 245 Tort Product Liability 535 Death Penalty t' 't It Corrupt Organization
290 ll 0 IP 540 Mandamus Other MW .
[j A er ea roperty 550 Civil Rights El 625 Drug Related Seizure of 480 Consumer Credit
. I . rt 21 USC 881 490 Cable/Satellite TV
Personal Pro ert 555 Prison Conditions rope . 
I I I I I 690 Other 850 Securities/Commodities
370 Other Fraud El 560 Civil Detainee Conditions Exchange
Egg?) Lendilnlg) of Con?nement Other Statutes i: 896 Arbitration
DaggeersM?l' mp? Pro or: Hi this Cl 375 False Claims Act [3 899 Administrative Procedure
385 Property Damage 820 copyrights El 376 Qui Tam (31 USC Actheview .0 Appeal or
Product Liability 330 Patent 3729(3)) Agenc.y Dims?"
i: 835 Patent Abbreviated New 400 State Reapportionment 950 Constitutionality of State
Drug Application 430 Banks Banking Statutes
El 840 Trademark i: 450 commerce/[cc 890 Other Statutory Actions
Rates/etc. (if not administrative agency
I: 460 Deportation review or Privacy Act)

 

 

 

Case Document 1-2 Filed 09/21/17 Page 2 of 2

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


G. Habeas Corpus/ H. Employment 0 I. OIA/Privacy Act 0 J. Student Loan
2255 Discrimination
530 Habeas Corpus General :1 442 Civil Rights Employment 5 395 Freedom Of Information I: 152 Recovery of Defaulted
510 Motion/Vacate Sentence (criteria: race, gender/sex, 890 Other Statutory Aeti?ms Student Loan
:1 463 Habeas Corpus Alien national origin, (if Privacy (excluding veterans)
Detainee discrimination, disability, age.
religion, retaliation)
pro se, select this deck)* *(If pro se, select this deck)*
0 K. L. Other Civil Rights 0 M. Contract 0 N. [tree-Judge
(non-employment) (non-employment) Court

[3 110 Insurance
Fair Labor Standards Act :M??n?t?tmg?ights; El Murine i: 44' Civil timing
720 Labo r/Mgmt. Relations Act) I: 130 Miller Act (if Voting Rights Act)
740 Labor Railway Act 443 Housing/Accommodations I: 140 Negotiable Instrument
751 Family and Medical 440 Other Civil Rights I: 150 Recovery of Overpayment

Leave Act I: 445 Americans w/Disabilities Enforcement of
790 Other Labor Litigation Employment Judgment
791 Empl. Ret. Inc. Security Act 446 Americans w/Disabilities 153 Recovery of Overpayment
Other of Veteran?s Bene?ts
El 443 Education 160 Stockholder?s Suits

190 Other Contracts

195 Contract Product Liability

196 Franchise
V. ORIGIN
1 Original 0 2 Removed 3 Remanded 4 Reinstated 5 Transferred 6 Multi-district 7 Appeal to 8 Multi-district

Proceeding from State from Appellate or Reopened from another Litigation District Judge Litigation 
Court Court district (specify) from Mag. Direct File
Judge
VI. CAUSE OF ACTION (CITE THE US. CIVIL STATUTE UNDER WHICH YOU ARE FILING AND WRITE A BRIEF STATEMENT OF CAUSE.)
28 U.S.C. 1331 and U.S. Const. Art. 1 Sec. 9
VII. REQUESTED IN CHECK IF THIS IS A CLASS DEMAND 35 Check YES only if demanded in complaint
RELATED (See insm?im?) YES :1 NO If yes, please complete related case form
IF ANY A
t'
DATE, 09/21/2017 SIGNATURE OF ATTORNEY OF RECOR

(AU

INSTRUCTIONS FOR COMPLETING CIVIL COVER SHEET 44
Authority for Civil Cover Sheet

The 18-44 civil cover sheet and the information contained herein neither replaces nor supplements the filings and services of pleadings or other papers as required
by law, except as provided by local rules of court This form, approved by the Judicial Conference ofthe United States in September 1974, is required for the use of the
Clerk ofCourt for the purpose of initiating the civil docket sheet. Consequently, a civil cover sheet is submitted to the Clerk ofCourt for each civil complaint filed.
Listed below are tips for completing the civil cover sheet. These tips coincide with the Roman Numerals on the cover sheet

I. COUNTY OF RESIDENCE OF FIRST LISTED County of residence: Use 11001 to indicate plaintiff if resident
of Washington, DC, 88888 if plaintiff is resident of United States but not Washington, DC, and 99999 if plaintiffis outside the United States.

CITIZENSHIP OF PRINCIPAL PARTIES: This section is completed only if diversity of citizenship was selected as the Basis of Jurisdiction
under Section 11.

IV. CASE ASSIGNMENT AND NATURE OF SUIT: The assignment ofajudge to your case will depend on the category you select that best
represents the prima? cause of action found in your complaint You may select only Qne category You must also select gm corresponding
nature of suit found under the category of the case.

VI. CAUSE OF ACTION: Cite the US. Civil Statute under which you are ?ling and write a brief statement of the primary cause.

RELATED IF ANY: If you indicated that there is a related case, you must complete a related case form, which may be obtained from
the Clerk?s Of?ce.

Because of the need for accurate and complete information, you should ensure the accuracy of the tnfonnation provided prior to signing the form.

Case 1:17-cv-01928-EGS Document 5 Filed 09/22/17 Page 1 of 1

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 Case 1:17-cv-01928-EGS Document 4 Filed 09/22/17 Page 1 of 5

UNITED STATES DISTRICT COURT
DISTRICT OF COLUMBIA
NASHWAN AL-RAMER ABDULRAZZAQ, aka
Abdul Hadi al Iraqi, ISN 10026, Detainee,
U.S. Naval Station, Guantanamo Bay, Cuba,
Petitioner,
v.
DONALD J. TRUMP, President,
JAMES N. MATTIS, Secretary of Defense,
HARVEY RISHIKOF, Convening Authority For
Military Commissions,
CAPTAIN DAVID CULPEPPER, Naval Station
Commander, U.S. Naval Station,
Guantanamo Bay
REAR ADMIRAL EDWARD, B. CASHMAN,
Commander, Joint Task Force – Guantanamo,
U.S. Naval Station, Guantanamo Bay,

Civil Action No. 17-01928 (EGS)

Respondents.

NOTICE OF ERRATA
Petitioner respectfully notifies the Court that the document filed on September 21,
2017 entitled Petition for Writ of Habeas Corpus (Dkt. No. 1) contained a case caption
that did not contain the addresses of all of the parties pursuant to Local Civil Rules 5.1(c)
and 11.1. To correct this error, Petitioner hereby provides a corrected version of the case
caption attached hereto, as well as the addresses for the named Respondents, sued in their
official capacities, as follows:
Donald J. Trump
President of the United States of America
The White House
1600 Pennsylvania Ave NW
Washington, DC 20006
1

 Case 1:17-cv-01928-EGS Document 4 Filed 09/22/17 Page 2 of 5

James N. Mattis, Secretary
Department of Defense
1400 Defense Pentagon
Washington, DC 20301
Harvey Rishikof, Convening Authority
Office of Military Commissions
4800 Mark Center Drive, Suite 11F09-02
Alexandria, VA 22350-2100
Captain David Culpepper
Naval Station Commander
U.S. Naval Station
Guantanamo Bay, Cuba
PSC 1005 Box 25
FPO AE 09593
Real Admiral Edward B. Cashman
Commander, Joint Task Force – Guantanamo
U.S. Naval Station
Guantanamo Bay, Cuba
PSC 1005 Box 25
FPO AE 09593
Dated: September 22, 2017.

Respectfully submitted,
/s/ Tiffany Heavlin
Brent N. Rushforth [Bar No. 331074]
brushforth@mckoolsmith.com
Tiffany Heavlin [Bar No. 1020997]
theavlin@mckoolsmith.com
McKool Smith
1999 K Street, NW
Washington, D.C. 20006
Telephone: (202) 370-8300
Telecopier: (202) 370-8344
Robert L. Palmer [Bar No. 151399]
palmer@mckoolsmithhennigan.com
McKool Smith Hennigan, P.C.
300 South Grand Avenue Suite 2900
Los Angeles, CA 90071
Telephone: (213) 694-1200
Telecopier: (213) 694-1234
2

 Case 1:17-cv-01928-EGS Document 4 Filed 09/22/17 Page 3 of 5

Adam Thurschwell
Adam.Thurschwell@osd.mil
Military Commissions Defense Organization
1620 Defense Pentagon
Washington, D.C. 20301-1600
Telephone: (571) 256-9694
ATTORNEYS FOR PETITIONER

3

 Case 1:17-cv-01928-EGS Document 4 Filed 09/22/17 Page 4 of 5

UNITED STATES DISTRICT COURT
DISTRICT OF COLUMBIA
NASHWAN AL-RAMER ABDULRAZZAQ,
aka Abdul Hadi al Iraqi, ISN 10026
Detainee, U.S. Naval Station, Guantanamo
Bay, Cuba,
Petitioner,

Civil Action No. 17-01928 (EGS)

v.
DONALD J. TRUMP,
President of the United States of America
The White House
1600 Pennsylvania Ave NW
Washington, DC 20006
JAMES N. MATTIS,
Secretary
Department of Defense
1400 Defense Pentagon
Washington, DC 20301
HARVEY RISHIKOF,
Convening Authority
Office of Military Commissions
4800 Mark Center Drive, Suite 11F09-02
Alexandria, VA 22350-2100
CAPTAIN DAVID CULPEPPER,
Naval Station Commander
U.S. Naval Station
Guantanamo Bay, Cuba
PSC 1005 Box 25
FPO AE 09593
REAR ADMIRAL EDWARD, B. CASHMAN,
Commander, Joint Task Force – Guantanamo
U.S. Naval Station
Guantanamo Bay, Cuba
PSC 1005 Box 25
FPO AE 09593

Related Case:
Civil Action No. 09-1462 (EGS)

Respondents.

PETITION FOR WRIT OF HABEAS CORPUS

 Case 1:17-cv-01928-EGS Document 4 Filed 09/22/17 Page 5 of 5

CERTIFICATE OF SERVICE
I hereby certify that on September 22, 2017, I electronically filed the foregoing
NOTICE OF ERRATA with the United States District Court for the District of
Columbia by using the CM/ECF system. I certify that the following parties or their
counsel of record are registered as ECF Filers and that they will be served by the
CM/ECF system:
I further certify that I served a copy of the foregoing document on the following
parties or their counsel of records by U.S. mail:

Donald J. Trump
President of the United States
The White House
1600 Pennsylvania Ave NW
Washington, DC 20006
James N. Mattis, Secretary
Department of Defense
1400 Defense Pentagon
Washington, DC 20301
Harvey Rishikof,
Convening Authority
Office of Military Commissions
4800 Mark Center Drive,
Suite 11F09-02
Alexandria, VA 22350-2100

Captain David Culpepper
Naval Station Commander
U.S. Naval Station
Guantanamo Bay, Cuba
PSC 1005 Box 25
FPO AE 09593
Real Admiral Edward B. Cashman
Commander, Joint Task Force –
Guantanamo
U.S. Naval Station
Guantanamo Bay, Cuba
PSC 1005 Box 25
FPO AE 09593

/s/ Tiffany Heavlin
Tiffany Heavlin [Bar No. 1020997]
theavlin@mckoolsmith.com
McKool Smith
1999 K Street, NW
Washington, D.C. 20006
Telephone: (202) 370-8300
Telecopier: (202) 370-8344
Attorney for Petitioner

 Case 1:17-cv-01928-EGS Document 7 Filed 09/25/17 Page 1 of 12
AO 440 (Rev. 06/12) Summons in a Civil Action

UNITED STATES DISTRICT COURT
for the

District
of Columbia
__________
District
of __________
NASHWAN AL-RAMER ABDULRAZZAQ, aka Abdul
Hadi al Iraqi, ISN 10026 Detainee, U.S. Naval
Station, Guantanamo Bay, Cuba
Plaintiff(s)

v.
DONALD J. TRUMP, President, JAMES N. MATTIS,
Secretary of Defense, HARVEY RISHIKOF,
Convening Authority For Military Commissions, et al.,
Defendant(s)

)
)
)
)
)
)
)
)
)
)
)
)

Civil Action No. 1:17-cv-01928 (EGS)

SUMMONS IN A CIVIL ACTION
To: (Defendant’s name and address) Channing D. Phillips
U.S. Attorney for the District of Columbia
United States Attorney's Office
555 4th Street, NW
Washington, DC 20530

A lawsuit has been filed against you.
Within 21 days after service of this summons on you (not counting the day you received it) — or 60 days if you
are the United States or a United States agency, or an officer or employee of the United States described in Fed. R. Civ.
P. 12 (a)(2) or (3) — you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 of
the Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiff’s attorney,
whose name and address are:
Brent N. Rushforth
McKool Smith
1999 K Street, NW, Suite 600
Washington, D.C. 20006
Telephone: (202) 370-8300 Email: brushforth@mckoolsmith.com

If you fail to respond, judgment by default will be entered against you for the relief demanded in the complaint.
You also must file your answer or motion with the court.

CLERK OF COURT
Date:

9/25/2017

/s/ Nicole M. Wilkens
Signature of Clerk or Deputy Clerk

 Case 1:17-cv-01928-EGS Document 7 Filed 09/25/17 Page 2 of 12
AO 440 (Rev. 06/12) Summons in a Civil Action (Page 2)

Civil Action No. 1:17-cv-01928 (EGS)
PROOF OF SERVICE
(This section should not be filed with the court unless required by Fed. R. Civ. P. 4 (l))
This summons for (name of individual and title, if any)
was received by me on (date)

.

u I personally served the summons on the individual at (place)
on (date)

; or

u I left the summons at the individual’s residence or usual place of abode with (name)
, a person of suitable age and discretion who resides there,
on (date)

, and mailed a copy to the individual’s last known address; or
, who is

u I served the summons on (name of individual)
designated by law to accept service of process on behalf of (name of organization)
on (date)

; or

u I returned the summons unexecuted because

; or

u Other (specify):
.
My fees are $

for travel and $

for services, for a total of $

I declare under penalty of perjury that this information is true.

Date:
Server’s signature

Printed name and title

Server’s address

Additional information regarding attempted service, etc:

0.00

.

 Case 1:17-cv-01928-EGS Document 7 Filed 09/25/17 Page 3 of 12
AO 440 (Rev. 06/12) Summons in a Civil Action

UNITED STATES DISTRICT COURT
for the

District
of Columbia
__________
District
of __________
NASHWAN AL-RAMER ABDULRAZZAQ, aka Abdul
Hadi al Iraqi, ISN 10026 Detainee, U.S. Naval
Station, Guantanamo Bay, Cuba
Plaintiff(s)

v.
DONALD J. TRUMP, President, JAMES N. MATTIS,
Secretary of Defense, HARVEY RISHIKOF,
Convening Authority For Military Commissions, et al.,
Defendant(s)

)
)
)
)
)
)
)
)
)
)
)
)

Civil Action No. 1:17-cv-01928 (EGS)

SUMMONS IN A CIVIL ACTION
To: (Defendant’s name and address) Donald J. Trump
President of the United States of America
The White House
1600 Pennsylvania Ave NW
Washington, DC 20006

A lawsuit has been filed against you.
Within 21 days after service of this summons on you (not counting the day you received it) — or 60 days if you
are the United States or a United States agency, or an officer or employee of the United States described in Fed. R. Civ.
P. 12 (a)(2) or (3) — you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 of
the Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiff’s attorney,
whose name and address are:
Brent N. Rushforth
McKool Smith
1999 K Street, NW, Suite 600
Washington, D.C. 20006
Telephone: (202) 370-8300 Email: brushforth@mckoolsmith.com

If you fail to respond, judgment by default will be entered against you for the relief demanded in the complaint.
You also must file your answer or motion with the court.

CLERK OF COURT
Date:

9/25/2017

/s/ Nicole M. Wilkens
Signature of Clerk or Deputy Clerk

 Case 1:17-cv-01928-EGS Document 7 Filed 09/25/17 Page 4 of 12
AO 440 (Rev. 06/12) Summons in a Civil Action (Page 2)

Civil Action No. 1:17-cv-01928 (EGS)
PROOF OF SERVICE
(This section should not be filed with the court unless required by Fed. R. Civ. P. 4 (l))
This summons for (name of individual and title, if any)
was received by me on (date)

.

u I personally served the summons on the individual at (place)
on (date)

; or

u I left the summons at the individual’s residence or usual place of abode with (name)
, a person of suitable age and discretion who resides there,
on (date)

, and mailed a copy to the individual’s last known address; or
, who is

u I served the summons on (name of individual)
designated by law to accept service of process on behalf of (name of organization)
on (date)

; or

u I returned the summons unexecuted because

; or

u Other (specify):
.
My fees are $

for travel and $

for services, for a total of $

I declare under penalty of perjury that this information is true.

Date:
Server’s signature

Printed name and title

Server’s address

Additional information regarding attempted service, etc:

0.00

.

 Case 1:17-cv-01928-EGS Document 7 Filed 09/25/17 Page 5 of 12
AO 440 (Rev. 06/12) Summons in a Civil Action

UNITED STATES DISTRICT COURT
for the

District
of Columbia
__________
District
of __________
NASHWAN AL-RAMER ABDULRAZZAQ, aka Abdul
Hadi al Iraqi, ISN 10026 Detainee, U.S. Naval
Station, Guantanamo Bay, Cuba
Plaintiff(s)

v.
DONALD J. TRUMP, President, JAMES N. MATTIS,
Secretary of Defense, HARVEY RISHIKOF,
Convening Authority For Military Commissions, et al.,
Defendant(s)

)
)
)
)
)
)
)
)
)
)
)
)

Civil Action No. 1:17-cv-01928 (EGS)

SUMMONS IN A CIVIL ACTION
To: (Defendant’s name and address) James N. Mattis, Secretary
Department of Defense
1400 Defense Pentagon
Washington, DC 20301

A lawsuit has been filed against you.
Within 21 days after service of this summons on you (not counting the day you received it) — or 60 days if you
are the United States or a United States agency, or an officer or employee of the United States described in Fed. R. Civ.
P. 12 (a)(2) or (3) — you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 of
the Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiff’s attorney,
whose name and address are:
Brent N. Rushforth
McKool Smith
1999 K Street, NW, Suite 600
Washington, D.C. 20006
Telephone: (202) 370-8300 Email: brushforth@mckoolsmith.com

If you fail to respond, judgment by default will be entered against you for the relief demanded in the complaint.
You also must file your answer or motion with the court.

CLERK OF COURT
Date:

9/25/2017

/s/ Nicole M. Wilkens
Signature of Clerk or Deputy Clerk

 Case 1:17-cv-01928-EGS Document 7 Filed 09/25/17 Page 6 of 12
AO 440 (Rev. 06/12) Summons in a Civil Action (Page 2)

Civil Action No. 1:17-cv-01928 (EGS)
PROOF OF SERVICE
(This section should not be filed with the court unless required by Fed. R. Civ. P. 4 (l))
This summons for (name of individual and title, if any)
was received by me on (date)

.

u I personally served the summons on the individual at (place)
on (date)

; or

u I left the summons at the individual’s residence or usual place of abode with (name)
, a person of suitable age and discretion who resides there,
on (date)

, and mailed a copy to the individual’s last known address; or
, who is

u I served the summons on (name of individual)
designated by law to accept service of process on behalf of (name of organization)
on (date)

; or

u I returned the summons unexecuted because

; or

u Other (specify):
.
My fees are $

for travel and $

for services, for a total of $

I declare under penalty of perjury that this information is true.

Date:
Server’s signature

Printed name and title

Server’s address

Additional information regarding attempted service, etc:

0.00

.

 Case 1:17-cv-01928-EGS Document 7 Filed 09/25/17 Page 7 of 12
AO 440 (Rev. 06/12) Summons in a Civil Action

UNITED STATES DISTRICT COURT
for the

District
of Columbia
__________
District
of __________
NASHWAN AL-RAMER ABDULRAZZAQ, aka Abdul
Hadi al Iraqi, ISN 10026 Detainee, U.S. Naval
Station, Guantanamo Bay, Cuba
Plaintiff(s)

v.
DONALD J. TRUMP, President, JAMES N. MATTIS,
Secretary of Defense, HARVEY RISHIKOF,
Convening Authority For Military Commissions, et al.,
Defendant(s)

)
)
)
)
)
)
)
)
)
)
)
)

Civil Action No. 1:17-cv-01928 (EGS)

SUMMONS IN A CIVIL ACTION
To: (Defendant’s name and address) Harvey Rishikof
Convening Authority
Office of Military Commissions
4800 Mark Center Drive
Suite 11F09-02
Alexandria, VA 22350-2100

A lawsuit has been filed against you.
Within 21 days after service of this summons on you (not counting the day you received it) — or 60 days if you
are the United States or a United States agency, or an officer or employee of the United States described in Fed. R. Civ.
P. 12 (a)(2) or (3) — you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 of
the Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiff’s attorney,
whose name and address are:
Brent N. Rushforth
McKool Smith
1999 K Street, NW, Suite 600
Washington, D.C. 20006
Telephone: (202) 370-8300 Email: brushforth@mckoolsmith.com

If you fail to respond, judgment by default will be entered against you for the relief demanded in the complaint.
You also must file your answer or motion with the court.

CLERK OF COURT
Date:

9/25/2017

/s/ Nicole M. Wilkens
Signature of Clerk or Deputy Clerk

 Case 1:17-cv-01928-EGS Document 7 Filed 09/25/17 Page 8 of 12
AO 440 (Rev. 06/12) Summons in a Civil Action (Page 2)

Civil Action No. 1:17-cv-01928 (EGS)
PROOF OF SERVICE
(This section should not be filed with the court unless required by Fed. R. Civ. P. 4 (l))
This summons for (name of individual and title, if any)
was received by me on (date)

.

u I personally served the summons on the individual at (place)
on (date)

; or

u I left the summons at the individual’s residence or usual place of abode with (name)
, a person of suitable age and discretion who resides there,
on (date)

, and mailed a copy to the individual’s last known address; or
, who is

u I served the summons on (name of individual)
designated by law to accept service of process on behalf of (name of organization)
on (date)

; or

u I returned the summons unexecuted because

; or

u Other (specify):
.
My fees are $

for travel and $

for services, for a total of $

I declare under penalty of perjury that this information is true.

Date:
Server’s signature

Printed name and title

Server’s address

Additional information regarding attempted service, etc:

0.00

.

 Case 1:17-cv-01928-EGS Document 7 Filed 09/25/17 Page 9 of 12
AO 440 (Rev. 06/12) Summons in a Civil Action

UNITED STATES DISTRICT COURT
for the

District
of Columbia
__________
District
of __________
NASHWAN AL-RAMER ABDULRAZZAQ, aka Abdul
Hadi al Iraqi, ISN 10026 Detainee, U.S. Naval
Station, Guantanamo Bay, Cuba
Plaintiff(s)

v.
DONALD J. TRUMP, President, JAMES N. MATTIS,
Secretary of Defense, HARVEY RISHIKOF,
Convening Authority For Military Commissions, et al.,
Defendant(s)

)
)
)
)
)
)
)
)
)
)
)
)

Civil Action No. 1:17-cv-01928 (EGS)

SUMMONS IN A CIVIL ACTION
To: (Defendant’s name and address) Captain David Culpepper
Naval Station Commander
U.S. Naval Station
Guantanamo Bay, Cuba
PSC 1005 Box 25
FPO AE 09593

A lawsuit has been filed against you.
Within 21 days after service of this summons on you (not counting the day you received it) — or 60 days if you
are the United States or a United States agency, or an officer or employee of the United States described in Fed. R. Civ.
P. 12 (a)(2) or (3) — you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 of
the Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiff’s attorney,
whose name and address are:
Brent N. Rushforth
McKool Smith
1999 K Street, NW, Suite 600
Washington, D.C. 20006
Telephone: (202) 370-8300 Email: brushforth@mckoolsmith.com

If you fail to respond, judgment by default will be entered against you for the relief demanded in the complaint.
You also must file your answer or motion with the court.

CLERK OF COURT
Date:

9/25/2017

/s/ Nicole M. Wilkens
Signature of Clerk or Deputy Clerk

 Case 1:17-cv-01928-EGS Document 7 Filed 09/25/17 Page 10 of 12
AO 440 (Rev. 06/12) Summons in a Civil Action (Page 2)

Civil Action No. 1:17-cv-01928 (EGS)
PROOF OF SERVICE
(This section should not be filed with the court unless required by Fed. R. Civ. P. 4 (l))
This summons for (name of individual and title, if any)
was received by me on (date)

.

u I personally served the summons on the individual at (place)
on (date)

; or

u I left the summons at the individual’s residence or usual place of abode with (name)
, a person of suitable age and discretion who resides there,
on (date)

, and mailed a copy to the individual’s last known address; or
, who is

u I served the summons on (name of individual)
designated by law to accept service of process on behalf of (name of organization)
on (date)

; or

u I returned the summons unexecuted because

; or

u Other (specify):
.
My fees are $

for travel and $

for services, for a total of $

I declare under penalty of perjury that this information is true.

Date:
Server’s signature

Printed name and title

Server’s address

Additional information regarding attempted service, etc:

0.00

.

 Case 1:17-cv-01928-EGS Document 7 Filed 09/25/17 Page 11 of 12
AO 440 (Rev. 06/12) Summons in a Civil Action

UNITED STATES DISTRICT COURT
for the

District
of Columbia
__________
District
of __________
NASHWAN AL-RAMER ABDULRAZZAQ, aka Abdul
Hadi al Iraqi, ISN 10026 Detainee, U.S. Naval
Station, Guantanamo Bay, Cuba
Plaintiff(s)

v.
DONALD J. TRUMP, President, JAMES N. MATTIS,
Secretary of Defense, HARVEY RISHIKOF,
Convening Authority For Military Commissions, et al.,
Defendant(s)

)
)
)
)
)
)
)
)
)
)
)
)

Civil Action No. 1:17-cv-01928 (EGS)

SUMMONS IN A CIVIL ACTION
To: (Defendant’s name and address) Real Admiral Edward B. Cashman
Commander, Joint Task Force – Guantanamo
U.S. Naval Station
Guantanamo Bay, Cuba
PSC 1005 Box 25
FPO AE 09593

A lawsuit has been filed against you.
Within 21 days after service of this summons on you (not counting the day you received it) — or 60 days if you
are the United States or a United States agency, or an officer or employee of the United States described in Fed. R. Civ.
P. 12 (a)(2) or (3) — you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 of
the Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiff’s attorney,
whose name and address are:
Brent N. Rushforth
McKool Smith
1999 K Street, NW, Suite 600
Washington, D.C. 20006
Telephone: (202) 370-8300 Email: brushforth@mckoolsmith.com

If you fail to respond, judgment by default will be entered against you for the relief demanded in the complaint.
You also must file your answer or motion with the court.

CLERK OF COURT
Date:

9/25/2017

/s/ Nicole M. Wilkens
Signature of Clerk or Deputy Clerk

 Case 1:17-cv-01928-EGS Document 7 Filed 09/25/17 Page 12 of 12
AO 440 (Rev. 06/12) Summons in a Civil Action (Page 2)

Civil Action No. 1:17-cv-01928 (EGS)
PROOF OF SERVICE
(This section should not be filed with the court unless required by Fed. R. Civ. P. 4 (l))
This summons for (name of individual and title, if any)
was received by me on (date)

.

u I personally served the summons on the individual at (place)
on (date)

; or

u I left the summons at the individual’s residence or usual place of abode with (name)
, a person of suitable age and discretion who resides there,
on (date)

, and mailed a copy to the individual’s last known address; or
, who is

u I served the summons on (name of individual)
designated by law to accept service of process on behalf of (name of organization)
on (date)

; or

u I returned the summons unexecuted because

; or

u Other (specify):
.
My fees are $

for travel and $

for services, for a total of $

I declare under penalty of perjury that this information is true.

Date:
Server’s signature

Printed name and title

Server’s address

Additional information regarding attempted service, etc:

0.00

.