months after Padilla's transfer to military detention, the government denied Plaintiff Estela Lebron ("Lebron"), Padilla's mother, any information about her son. After almost a year of uncertainty, a Pentagon official brought Ms. Lebron a brief greeting card from her son letting her know that he was still alive. (Id. at ถ 58.) Beginning on March 4, 2004, Padilla was permitted contact with his habeas attorney while his petition was pending before the U.S. Supreme Court. The permitted contact was sporadic and subject to severe restrictions, including recording of conversations and review by government officials of all legal correspondence. (Id. at ถ 59.)
Yoo currently is a professor of law. At the time of Padilla's detention, Yoo was a Deputy Attorney General in the Office of Legal Counsel ("OLC") underthe administration of George W. Bush and was "the de facto head of war-on-terrorism legal issues" and a "key member of a small, secretive, and highly-influential group of senior administration officials know as the `War Council.'" (FAC at ถถ 15, 19.) As such, Yoo admittedly "shaped government policy" in the "war on terrorism." (Id. at ถ 15, citing Yoo's book "War By Other Means.") Padilla alleges that Yoo personally was involved in the decision to designate him as an enemy combatant and that Yoo lay the groundwork for the treatment of enemy combatants under military detention. (Id. at ถ 38.) As Yoo relates in his book, he "developed an extra-judicial, ex parte assessment of enemy combatant status followed *1015 by indefinite military detention, without notice of opportunity for