IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLORADO

KHALFAN KHAMIS MOHAMMED )
)
Plaintiff, )
)
v. ) Civ. No. 07-cv-02697-MSK-BNB
)
ERIC HOLDER, et. al. )
)
Defendants. )


Plaintiff's Reply

The Defendant 's status update, R-406, shows that the Defendant still believes it
must hide its internal workings from the Court, and the Plaintiff's attorney.
Since filing our Motion for Status Update, R-405, I received correspondence from
Mr. Mohammed indicating that he does want me to represent him in the Defendant's
appeal. His letter to me had been misaddressed and was delivered several weeks late. I
entered an appearance in the 10th Circuit and expect the appeal to proceed now that the
Court has ruled on Defendant's Motion to Clarify the Judgment. R-398, 407. The effect
of this appeal on the Court's orders is not something the parties have discussed.
Mr. Mohammed also advised me that on about August 29, 2014, he met with FBI
and BOP personnel for his annual SAMs review. According to Mr. Mohammed, the
Defendant has made certain promises about communications with his brother Nassor and
asked Mr. Mohammed to revise his proposed contact list. This sounds positive, but the
Defendant never told me about this, or the Court in its recent status update. R-406. I
had asked the Defendant to continue treating me as Mr. Mohammed's attorney in the
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District Court, and in whatever administrative proceedings follow from the Court's
remand. See Exhibit 1, attached hereto, a June 19, 2014 email from Paul Wolf to Susan
Prose, Carlotta Wells, and Kyle Freeny. The Court may recall that this case was delayed
by at least six months, because the Defendant needed this time to investigate me. The
Defendant then accused me of ethical violations for entering an appearance without their
permission, on the theory that it is unethical to represent an incommunicado prisoner
because the rules require an attorney to keep his client advised about his case. Now, the
Defendant is meeting with my client behind my back, which is obviously not allowed by
attorney ethics rules.
The Defendant's secrecy over its internal workings has nothing to do with national
security. The secrecy is intended to hide them from the Court and from myself, because
the SAMs determination is entirely arbitrary. It is not based on objective factors that
could survive judicial review, but on an FBI agent's subjective opinion that a prisoner is
dangerous. In Mr. Mohammed's case, he is considered dangerous because of events that
happened over a decade ago, because of continued unrest in Tanzania and Somalia,
because he has never admitted his guilt, and because he engages in hunger strikes and this
court case to try to vindicate his rights. These last two reasons are not valid. The other
reasons may have validity, but must be reviewed periodically. Otherwise, Mr.
Mohammed will be condemned to solitary confinement for life.
We are particularly interested to see whether any kind of consideration is given
for good behavior, for generally obeying the SAMs, or to the opinions of BOP officials
such as Counselor Hanson, who hired Mr. Mohammed as an orderly in the H Unit and
testified that he trusted Mr. Mohammed more than the other prisoners in the unit. We are
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disturbed by the Defendant's interest in converting prisoners into informants as a
precondition for recognizing their rights. We want to see the SAMs determination
supported by reasons and facts. It's not like a search warrant, which only need be
supported by sufficient evidence.
If is important not only that Mr. Mohammed gets the relief he is entitled to. It is
also important that the Defendant devise an administrative procedure that can survive
judicial review. Otherwise, the Court will see more Bivens cases, more habeas corpus
petitions, and whatever else the prisoners can think of. As it is now, the SAMs renewal
process is a sham, and the review of these cases is a difficult task for everyone involved.
Respectfully submitted,


/s/ Paul Wolf
_____________________________
Paul Wolf CO Bar 42107
Attorney for Khalfan Khamis Mohammed
PO Box 46213
Denver, CO 80201
(202) 431-6986

October 3, 2014



Certificate of service

I hereby certify that on this day, October 3, 2014, I filed the forgoing document
with the clerk of the Court using the Court's ECF system, which will provide notice to all
parties entitled ot receive notice.


/s/ Paul Wolf
___________________
Paul Wolf

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