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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

MOHAMMAD AHMAD GHULAM RABBANI, Petitioner/Plaintiff, v. BARACK H. OBAMA, et al., Respondents/Defendants.

Civ. No. 05-1607 (RCL)

APPLICATION FOR PERMISSION TO FILE DECLARATION OF CORTNEY BUSCH

Pursuant to LCvR 65.1(c), Petitioner requests permission to file the attached Declaration of

Cortney Busch (“Busch Decl.”) in support of Petitioner’s application for preliminary injunction.

Respondents’ counsel have advised Petitioner’s counsel that Respondents will reserve their position

on the motion until they review the declaration and the reasons why it is being submitted at this time.

The declaration describes a May 5 and May 7, 2014 visit between Petitioner and a member of

his legal team, Cortney Busch, the Operations Manager and a security-cleared paralegal with the

legal action charity Reprieve. Busch Decl. ¶¶1-2. Earlier this week Ms. Busch received a cleared

copy of her notes of the visits. Id. ¶2. During the visits, Ms. Busch observed the following: Mr.

Rabbani was very frail and thinner than he had been when she met with him in August 2013. Id. ¶4.

During the visits Petitioner described, among other things, how a series of recent force-feedings had

been done incorrectly, resulting in a painful chest infection, raw nostrils and throat, an inability to

breathe, and caused him to repeatedly vomit, including vomiting blood, and to lose consciousness.

Id. ¶¶5-27. For example, on April 25, 2014, Mr. Rabbani was brought to the force-feeding by the

Case 1:05-cv-01607-RCL Document 326 Filed 05/22/14 Page 1 of 4

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“Forcible Cell Extraction” (FCE) team. Id. ¶6. The feeding tube did not reach his stomach and

instead turned upwards at the end of his throat. Id. Mr. Rabbani could feel the liquid pushing up his

throat and dripping back down. Id. ¶7. He eventually coughed up the tube. Id. On April 26, 2014,

the feeding tube was again inserted incorrectly causing Mr. Rabbani to feel like the tube was

“pushed up into [his] brain.” Id. ¶¶8-9. On April 27, 2014, Mr. Rabbani experienced chest pain,

vomited blood numerous times, and twice lost consciousness. Id. ¶¶10-11. Despite his condition, he

was taken by the FCE team to the feeding chair, where he continued to vomit. Id. ¶¶12-13. Two

days later, on Tuesday, April 29, 2014, Mr. Rabbani was brought to the feeding chair by the FCE

team where it took four attempts to insert the feeding tube, which caused Mr. Rabbani to scream in

pain. Id. ¶¶16-18. On Wednesday, April 30, 2014, after five minutes of feeding, and after three

attempts to insert the feeding tube, Mr. Rabbani could feel the feeding liquid pooling in his throat.

Id. ¶¶19-20. He could not breathe and started to cry and cough. Id. ¶20. Once the tube was

removed he vomited blood. Id. ¶22. After remaining in the feeding chair for another thirty minutes,

the force-feeding began again after multiple failed insertions. Id. ¶¶23-25. On Friday, May 2, 2014,

the nurse incorrectly inserted and removed the feeding tube three times. Id. ¶27. As a result of the

mistakes made during his force-feedings, Mr. Rabbani was left screaming in pain from his chest

infection and raw nostrils and throat. Id.

Mr. Rabbani stated that when he vomits, which typically occurs after each feeding in the

feeding chair, the FCE team puts a mask or cover over his face, resulting in vomit covering his face

and going into his eyes, ears and hair. Id. ¶28. He detailed a new system of force-feeding whereby

certain men are declared to have gained enough weight so that they no longer need to be force fed.

Id. ¶29. These men are then not fed for days or weeks at a time and lose weight, at which time the

force feeding resumes. Id. Mr. Rabbani believes the objective of this new procedure is to reduce the


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official number of men being force fed at any given time. Id. This happened to him in January 2014

when it was declared he weighed 111.5 lbs. Id. ¶30. After not being force fed for ten days his

weight dropped to 105.6 and the force feeding resumed. Id. This process causes the men to become

frail and weak and their stomachs to shrink so that when feeding resumes it causes pain. Id. ¶31.

Mr. Rabbani also discussed the difference in feeding between morning and night, with night time

feedings being more chaotic and the feeding process sped up. Id. ¶32.

Respectfully submitted, /s/ Jon B. Eisenberg

JON B. EISENBERG (CA State Bar #88278) 1970 Broadway, Suite 1200 Oakland, CA 94612 (510) 452-2581 [email protected]

/s/ Cori Crider REPRIEVE Clive Stafford Smith (LA Bar #14444) Cori Crider (NY Bar #4525721) Alka Pradhan (D.C. Bar #1004387) P.O. Box 72054 London EC3P 3BZ United Kingdom 011 44 207 553 8140 [email protected] [email protected] [email protected]


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Dated: May 22, 2014

/s/ Eric L. Lewis LEWIS BAACH PLLC Eric L. Lewis (D.C. Bar #394643) Elizabeth L. Marvin (D.C. Bar #496571) 1899 Pennsylvania Avenue, NW, Suite 600 Washington, DC 20006 (202) 833-8900 [email protected] [email protected] Counsel for Petitioner/Plaintiff


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