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From Judge Huvelle's Memorandum August 19, 2010

BARACK OBAMA, et al, Respondents.
Civil Action No. 05-2385 (ESH).
United States District Court, D. Columbia.
August 19, 2010.


Around May -- 2002, al-Qurashi was transferred to Guantanamo and "inprocessed." (See REX 64 (Final Narrative Medical Summary) at 1.) ------ ----------------------- ----------------------- ----------------------- ----------------------- ----------------------- -----------------------

----------------------- ----------------------- ----------- (Id. at 466.)

---- al-Qurashi was interrogated on at least nine separate days by officials from various U.S. government entities. (See REX 81 (by military personnel --- REX 7 (by military ------- --and by FBI, military ------ -------: --- ---- REX 8 (by FBI ---- ----: PEX 71 (by military personnel --: REX 79 (by FBI and military personnel--.) The reports from these sessions consistently state that petitioner told his interrogators that he attended al-Farouq, notwithstanding other discrepancies in his reported statements.[ 9 ]

On September 11, 2002. al-Qurashi recanted his earlier inculpatory statements and denied that he ever attended al-Farouq, reportedly stating that he originally incriminated himself because the "Pakistani authorities threatened him with torture unless he admitted to attending the training camp at Al Farouq" and that they "promised his release if he said he trained [there]." (PEX 66 (FD-302 of Sept. 13, 2002) at 1-2; see also REX 55 (identical intelligence report) at 2 ¶¶ 5-6).) But "now that the Department of Justice [was] interviewing him, he want[ed] to tell the truth...."' (PEX 66 at 1-2.)

A week later on September 20, 2002, al-Qurashi reaffirmed that his post-arrest inculpatory statements were false and were the product of coercion, and that "he learned details about the Al Farouq camp from Khalid Dossieri, a Saudi, who was staying at a guest house in Kabul... ." (REX 32 at 1.) In all subsequent interrogations, petitioner continued to disavow his initial statements about attending al-Farouq. (See REX 110 (statements --: REX 113 (same): PEX AA _________: REX 111 (_________: REX 19 (_____________ REX 108 --: REX 107 (____________: REX 13 (___________); REX 115 (-- --; (REX 116 (---)[ 10 ] He also claims in his recent declaration that in the period after he recanted, he was abused by officials at Guantanamo. (Pet. Decl. ¶ 41.) For example, he alleges that he was placed for weeks at a time in a room without furniture, and that the room was often flooded with freezing cold water, or that its temperature was lowered until it was freezing cold. (Id.) He also alleges that he was placed in a cell where guards threw "concentrated cleaning products" that made him feel like he was suffocating. (Id. ¶ 42.)

On August 3, 2005. al-Qurashi testified at a hearing before the military Administrative Review Board ("ARB"). (See REX 15 (ARB hearing transcript): see also REX 42 (ARB hearing audio recording).) There, he stated that the Pakistani authorities got him to admit that he had attended al-Farouq because he was afraid they would torture him. (See id. at 5-6.)[ 11 ]


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