Al Odah Ex Rel. Al Odah v. United States

These consolidated cases come to us with a long history. We now review a 2005 order of the district court compelling disclosure of certain classified information to counsel for certain detainees held at Guantanamo Bay, Cuba. That discovery order was issued well before the Supreme Court, in its June 2008 opinion in Boumediene v. Bush, — U.S. —, 128 S.Ct. 2229, 171 L.Ed.2d 41 (2008), ruled that the writ of habeas corpus is available to these detainees, and well before the district court issued the ease management order that currently governs their habeas proceedings. 1 After issuing the…