User:Geo Swan/Guantanamo/Guantanamo captive's habeas corpus cases/Re Guantanamo Detainee Litigation Docs/Doc 1193

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MOTION for Order Compelling Filing of Revised Legal Justification by OMER SAEED SALEM AL DAINI (Ward, Michael)^[1]
On 26 November 2008 Michael E. Ward filed a "PETITIONER’S MOTION FOR ORDER COMPELLING FILING OF REVISED LEGAL JUSTIFICATION" with regard to Omer Saeed Salem Al Daini (ISN 549) in Civil Action No. 05-cv-0634 (JR).^[2]

On November 18, 2008, the Government made a filing in this proceeding that purported to be a statement of legal justification. The filing includes a broad definition of “enemy combatant” and a series of examples of activities and associations that meet that definition. The filing does not identify which of those examples, or any other activity or association, applies to Al Daini. The filing therefore fails to comply with Paragraph I.B of the CMO, which states, “The government shall file a succinct statement explaining its legal justification for detaining the petitioner. If the government’s justification for detention is the petitioner’s status as an enemy combatant, the government shall provide the definition of enemy combatant on which it relies.”