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Case 1:05-cv-01458-UNA-AK Document 18 Filed 03/29/2006 Page 1 of 43 



IN THE UNITED STATES DISTRICT COURT 
FOR THE DISTRICT OF COLUMBIA 



Ahmed "Doe", et at, 



GEORGE W. BUSH, 

President of the United States, 
et at, 

Respondents/Defendants. 



Civil Action No. 
05-CV-1458 (ESH) 



MOTION FOR ENTRY OF PROTECTIVE ORDER 

Petitioners, through their counsel, Ruprecht, Hart & Weeks, LLP hereby respectfully move 
the Court for an Order entering the Amended Protective Orders, as set forth in the accompanying 
Memorandum in Support of Petitioners' Motion, in the above captioned action. 1 

Dated: March 28, 2006 

Respectfully submitted, 

Counsel for Petitioners: 

By: 

/s/ Kevin G. Boris 



'This motion is properly referred to Magistrate Judge Alan Kay for consideration pursuant 
to the Order of the Calendar and Case Management Commrtte, Kessler, J., Chair (hereinafter 
"Kessler Order"), referring "all Motions pertaining to interpretation or construction of any 
protective order which has been entered in any of the [Guantanamo Bay habeas]cases" for 
resolution pursuant to LcvR 72.2(a), as well as "all disputes pertaining to logistical issues, such 
as communications with or visits to clients and counsel." Kessler Order, Nov. 2, 2005. 



Case 1 :05-cv-01458-UNA-AK Document 18 Filed 03/29/2006 Page 2 of 43 



IN THE UNITED STATES DISTRICT COURT 
FOR THE DISTRICT OF COLUMBIA 



) 
Ahmed "Doe", et at, ) 



) Civil Action No. 

) 05-CV-1458 (ESH) 

) 

) 

) 

GEORGE W. BUSH, ) 

President of the United States, ) 

et al, ) 

) 
Respondents/Defendants. ) 

PETITIONERS' MEMORANDUM IN SUPPORT OF 
MOTION FOR ENTRY OF PROTECTIVE ORDER 

Petitioners respectfully request that the Court enter the Amended Protective Order and 

Procedures for Counsel Access to Detainees at the United States Naval Base in Guantanamo Bay, 

Cuba, ("Amended Protective Order") 2 first issued on November 10, 2004 in the in re Guantanamo 

Bay Detainee cases by then Coordinating Judge Joyce Hens Green and since entered in related 

habeas proceedings before this Court and the Courts of this District. See, e.g. Wahab v. Bush, 05- 

886 (D.D.C., Jan. 10, 2005); Muhammedv. Bush, 05-2087 (Dec. 22, 2005); Saib v. Bush, 05-1353, 

min. order (Aug. 1, 2005) (staying case and also entering Protective Orders). 



2 The Amended Protective Order includes the following orders entered in In re 
Guantanamo Detainee Cases/Protective Order and Procedures for Counsel Access to Detainees 
at the United States Naval Base in Guantanamo Bay, Cuba, first issued on November 8, 2004, 
(344 F. Supp. 2d 174 (D.D.C. 2004)); Order Addressing Designation Procedures for "Protected 
Information," first issued on November 10, 2005; and the Order Supplementing and Amending 
Filing Procedures Contained in November 8, 2004 Amended Protective Order, first issued on 
December 13, 2004. See Exhibits 1-3. 



Case 1:05-cv-01458-UNA-AK Document 18 Filed 03/29/2006 Page 3 of 43 

As an initial matter, counsel for Petitioners recognize that the Respondents may argue that 

a stay should be entered in this case due to the jurisdictional questions raised by the Detainee 

Treatment Act of 2005, Pub. L. No. 1 09-148, §§ 1001-06, 1 19 Stat. 2680, 2739-44 ("DTA"). Entry 

of the Amended Protective Order does not, however, have any "bearing on the question of which 

Court has jurisdiction to review the merits of Petitioner's challenge to his detention." Adem v. Bush, 

et al, No. 05-00723, memo. op. at 22 (D.D.C. March 14, 2006) (Kay, J.) (Exhibit 4) [hereinafter, 

"Kay Opinion"]. In fact, as Judge Kay has appropriated noted: 

[T]he need to resolve questions regarding the logistics of counsel access will remain 
as issue, even if the D.C. Circuit and the Supreme Court determine that the DTA 
applies to those habeas cases currently pending in the District Court. Moreover, it 
will undoubtedly takes months for the courts to grapple with the jurisdiction and 
retroactively questions. . . Forcing [Petitioner] to wait until all such proceedings and 
appeals are concluding before permitting him to speak with his lawyer renders his 
right to counsel meaningless. 

Id. at 22 n.25 (emphasis added). Entry of the Amended Protective Order, therefore, will not affect 

the Court's jurisdictional concerns and will merely allow Petitioner Ahmed "Doe" to speak with his 

attorney, a right he requested over one year ago, and a right currently afforded to many other 

detainees, See Next Friend Letter of Omar Deghayes (March 8, 2005)(Exhibit 5). 

The Government conditions Petitioners' right to access to existing pro bono and assigned 

counsel, as affirmed in Al Odah, et al v. Bush, et al, 346 F. Supp.2d (D.D.C. 2004), upon entry of 

the Amended Protective Order, and undersigned counsel are prohibited from meeting with Petitioner 

Ahmed "Doe" until the Amended Protective Order is entered. In the absence of an order by this 

Court, counsel are also prohibited from sending or receiving legal mail from Petitioner Ahmed 

"Doe" are therefore unable to initiate, let alone establish, a functioning attorney-client relationship, 

Entry of the Amended Protective Order would afford the undersigned counsel the opportunities 



Case 1:05-cv-01458-UNA-AK Document 18 Filed 03/29/2006 Page 4 of 43 



provided counsel in other pending Guantanamo Bay detainees cases to vi sit Petitioner Ahmed "Doe" 

at Guantanamo Bay and to send him privileged attorney-client mail by way of the legal mail 

procedures outlined in the Amended Protective Order. "Considering the lack of any possible 

prejudice to the Government from allowing Ahmed "Doe" to confirm his desire for representation 

in person rather than in writing, and weighing the importance of Ahmed "Doe's" right to counsel, 

which he has been attempting to exercise for over a year," Petitioners respectfully request that the 

Amended Protective Order be entered in this case. See Kay Opinion at 33. 

Pursuant to Local Civil Rule 7(m), counsel for Petitioners conferred with Respondents' 

counsel regarding the relief sought in this motion. Respondents' counsel oppose the motion. A 

proposed Order is attached as Exhibit 6.' 

Dated: March 28, 2006 

Respectfully submitted, 
Counsel for Petitioners: 

/s/ Kevin G. Boris 



RUPRECHT, HART & WEEKS, LLP 
306 Main Street 
Millburn, NJ 07041 
Telephone: (973)379-2400 

Of Counsel: 

Barbara J. Olshansky (New York State Bar#3635) 
CENTER FOR CONSTITUTIONAL RIGHTS 
666 Broadway 
New York, NY 10012 
Telephone: (212)614-6439 



3 Although Petitioners are moving for entry of the Amended Protective Order, they 
reserve the riahtto challenge or seek modification of any particular terms of the Protective Order 
in the future, and to ask this Court to review any designation made by respondents of particular 
information as "protected," as may be appropriate. 



Case 1 :05-cv-01458-UNA-AK Document 18 Filed 03/29/2006 Page 5 of 43 



CERTIFICATION OF SERVICE 

I certify that on, March 29, 2006, 1 served a copy of the foregoing document to the following 
by electronic filing and also by U.S. Mail. 

Magistrate Judge Alan Kay 
United States District Court 
for the District of Columbia 
333 Constitution Ave. NW 
Washington, DC 20001 



Barbara Olshansky 

Center for Constitutional Rights 

666 Broadway 

7" 1 Floor 

New York, NY 10012 

212-614-6464 

Terry Marcus Henry 

U.S. Department of Justice 

P.O. Box 883 

20 Massachusetts Ave., NW 

Washington, DC 20044 

202-514-4107 

Preeya M. Noronha 
U.S. Department of Justice 
20 Massachusetts Ave., NW 
Washington, DC 20044 
202-514-3338 



/s/ KEVIN G. BORIS 



RUPRECHT, HART & WEEKS, LLP 
306 Main Street 
Millburn, NJ 07041 



Case 1:05-cv-01458-UNA-AK Document 18 Filed 03/29/2006 Page 6 of 43 



EXHIBIT 1 



Case 1:05-cv-01458-UNA-AK Document 18 Filed 03/29/2006 Page 7 of 43 



Definitions 

8. As used herein, the words "documents" or "information" shall include, but are not 
limited to, all written or printed matter of any kind, formal or informal, including originals, 
conforming copies and non-conforming copies (whether different from the original by reason of 
notation made on such copies or otherwise), and further include, but are not limited to: 

a. papers, correspondence, memoranda, notes, letters, reports, summaries, 
photographs, maps, charts, graphs, interoffice and intra-office communications, notations of any 
sort concerning conversations, meetings, or other communications, bulletins, teletypes, 
telegrams, telefacsimiles, invoices, worksheets, and drafts, alterations, modifications, changes 
and amendments of any kind to the foregoing; 

b. graphic or oral records or representations of any kind, including, but not 
limited to, photographs, charts, graphs, microfiche, microfilm, videotapes, sound recordings of 
any kind, and motion pictures; 

c. electronic, mechanical or electric records of any kind, including, but not 
limited to, tapes, cassettes, disks, recordings, electronic mail, films, typewriter ribbons, word 
processing or other computer tapes or disks, and all manner of electronic data processing storage; 

and 

d. information acquired orally. 

9. The terms "classified national security information and/or documents," "classified 
information" and "classified documents" refer to: 

a. any classified document or information that has been classified by any 
Executive Branch agency in the interests of national security or pursuant to Executive Order, 
including Executive Order 12958, as amended, or its predecessor Orders as "CONFIDENTIAL," 
"SECRET," or "TOP SECRET," or additionally controlled as "SENSITIVE 



Case 1:05-cv-01458-UNA-AK Document 18 Filed 03/29/2006 Page 8 of 43 



COMPARTMENTED INFORMATION (SCI)," or any classified information contained in such 

document; 

b. any document or information, regardless of its physical form or 
characteristics, now or formerly in the possession of a private party that has been derived from 
United States government information that was classified, regardless of whether such document 
or information has subsequently been classified by the government pursuant to Executive Order, 
including Executive Order 12958, as amended, or its predecessor Orders as "CONFIDENTIAL," 
"SECRET," or "TOP SECRET," or additionally controlled as "SENSITIVE 
COMPARTMENTED INFORMATION (SCI)"; 

c. verbal or non-documentary classified information known to the petitioner 

or petitioners' counsel; or 

d. any document and information as to which the petitioner or petitioners' 
counsel have been notified orally or in writing that such documents or information contains 
classified information. 

10. All classified documents, and information contained therein, shall remain 
classified unless the documents bear a clear indication that they have been declassified by the 
agency or department that is the original classification authority of the document or the 
information contained therein (hereinafter, the "original classification authority"). 

1 1 . The terms "protected information and/or documents," "protected information" and 
"protected documents" refer to any document or information deemed by the Court, either upon 
application by counsel or sua sponte, as worthy of special treatment as if the document or 
information were classified, even if the document or information has not been formally deemed 
to be classified. 

12. For purposes of this Protective Order, "petitioners' counsel" shall be defined to 
include an attorney who is employed or retained by or on behalf of a petitioner for purposes of 



Case 1:05-cv-01458-UNA-AK Document 18 Filed 03/29/2006 Page 9 of 43 



representing the petitioner hi habeas corpus or other litigation in federal court in the United 
States, as well as co-counsel, interpreters, translators, paralegals, investigators and all other 
personnel or support staff employed or engaged to assist in the litigation. 

1 3 . "Access to classified information" or "access to protected information" shall mean 
having access to, reviewing, reading, learning, or otherwise coming to know in any manner any 
classified information or protected information. 

14. "Secure area" shall mean a physical facility accredited or approved for the storage, 
handling, and control of classified information. 

1 5 . "Unauthorized disclosure of classified information" shall mean any knowing, 
willful or negligent action that could reasonably be expected to result in a communication or 
physical transfer of classified information to an unauthorized recipient. 

Designation of Court Security Officer 

16. The Court designates Christine E. Gunning as Court Security Officer for these 
cases, and Joan B. Kendrall, Michael P. Macisso, James P. Londergan, Mary M. Cradlin, 
Daniel O. Hartenstine, John P. Molinard, Jennifer Campbell, and Barbara J. Russell as Alternate 
Court Security Officers, for the purpose of providing security arrangements necessary to protect 
from unauthorized disclosure of any classified documents or information, or protected documents 
or information, to be made available in connection with these cases. Petitioners' counsel shall 
seek guidance from the Court Security Officer with regard to appropriate storage, handling, 
transmittal, and use of classified documents or information. 



Case 1:05-cv-01458-UNA-AK Document 18 Filed 03/29/2006 Page 10 of 43 



Access to Classified Inform ation and Documents 

1 7. Without authorization from the government, no petitioner or petitioners' counsel 
shall have access to any classified information involved in these cases unless that person shall 

first have: 

a. made a written submission to the Court Security Officer precisely stating 

the reasons why counsel has a need to know the classified information requested; and 

b. received the necessary security clearance as determined by the Department 

of Justice Security Officer; and 

c. signed the Memorandum of Understanding ("MOU"), attached hereto as 

Exhibit B, agreeing to comply with the terms of this Protective Order. 

The written submissions that are made by counsel to the Court Security Officer stating the 
reasons why counsel has a need to know the classified information requested shall be kept 
confidential by the Court Security Officer and shall not be disclosed to any other counsel or party 
to these cases unless the Court specifically orders such disclosure. 

1 8. Petitioners' counsel to be provided access to classified information shall execute 
the MOU appended to this Protective Order, and shall file executed originals with the Court and 
submit copies to the Court Security Officer and counsel for the government. The execution and 
submission of the MOU is a condition precedent for petitioners' counsel to have access to, or 
continued access to, classified information for the purposes of this proceeding. 

19. The substitution, departure, or removal of petitioners' counsel from these cases 
for any reason shall not release that person from the provisions of this Protective Order or the 
MOU executed in connection with this Order. 



Case 1:05-cv-01458-UNA-AK Document 18 Filed 03/29/2006 Page 1 1 of 43 



20. The government shall arrange for one appropriately approved secure area for the 
use of petitioners' counsel. The secure area shall contain a working area that will be supplied 
with secure office equipment reasonable and necessary to the preparation of the petitioners' case. 
Expenses for the secure area and its equipment shall be borne by the government. 

21. The Court Security Officer shall establish procedures to ensure that the secure 
area is accessible to the petitioners' counsel during normal business hours and at other times on 
reasonable request as approved by the Court Security Officer. The Court Security Officer shall 
establish procedures to ensure that the secure area may be maintained and operated in the most 
efficient manner consistent with the protection of classified information. The Court Security 
Officer or Court Security Officer designee may place reasonable and necessary restrictions on the 
schedule of use of the secure area in order to accommodate appropriate access to all petitioners' 
counsel in this and other proceedings. 

22. All classified information provided by the government to counsel for petitioners, 
and all classified information otherwise possessed or maintained by petitioners' counsel, shall be 
stored, maintained, and used only in the secure area. 

23 . No documents containing classified information may be removed from the secure 
area unless authorized by the Court Security Officer or Court Security Officer designee 
supervising the area. 

24. Consistent with other provisions of this Protective Order, petitioners' counsel 
shall have access to the classified information made available to them in the secure area, and 
shall be allowed to take notes and prepare documents with respect to those materials. 

25 . Petitioners' counsel shall not copy or reproduce any classified information in any 
form, except with the approval of the Court Security Officer or in accordance with the procedures 
established by the Court Security Officer for the operation of the secure area. 



Case 1:05-cv-01458-UNA-AK Document 18 Filed 03/29/2006 Page 12 of 43 



26. All documents prepared by petitioners or petitioners' counsel that do or may 
contain classified information (including without limitation, notes taken or memoranda prepared 
by counsel and pleadings or other documents intended for filing with the Court) shall be 
transcribed, recorded, typed, duplicated, copied, or otherwise prepared only by persons who have 
received an appropnate approval for access to classified information. Such activities shall take 
place in the secure area on approved word processing equipment and in accordance with the 
procedures approved by the Court Security Officer. All such documents and any associated 
materials containing classified information (such as notes, memoranda, drafts, copies, typewriter 
ribbons, magnetic recordings, exhibits) shall be maintained m the secure area unless and until the 
Court Security Officer advises that those documents or associated materials are unclassified in 
their entirety. None of these materials shall be disclosed to counsel for the government unless 
authorized by the Court, by petitioners' counsel or as otherwise provided in this Protective Order. 

27. Petitioners' counsel shall discuss classified information only within the secure 
area or in another area authorized by the Court Security Officer, shall not discuss classified 
information over any standard commercial telephone instrument or office intercommunication 
system, and shall not transmit or discuss classified information in electronic mail 
communications of any kind. 

28. The Court Security Officer or Court Security Officer designee shall not reveal to 
any person the content of any conversations she or he may hear by or among petitioners' counsel, 
nor reveal the nature of documents being reviewed by them, or the work generated by them, 
except as necessary to report violations of this Protective Order to the Court or to carry out their 
duties pursuant to this Order. In addition, the presence of the Court Security Officer or Court 
Security Officer designee shall not operate as a waiver of, limit, or otherwise render inapplicable, 
the attorney-client privilege or work product protections. 



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29. Petitioners' counsel shall not disclose the contents of any classified documents or 
information to any person, including counsel in related cases brought by Guantanamo Bay 
detainees in this or other courts, except those authorized pursuant to this Protective Order, the 
Court, and counsel for the government with the appropriate clearances and the need to know that 
information. Except as otherwise specifically provided by Judge Colleen Kollar-Kotelly in her 
well-reasoned opinion addressing counsel access procedures regarding petitioners Mohammed 
Ahmed al Kandari, Fawzi Khalid Abdullah Fahad al Odah, and Khalid Abdullah Mishal al 
Mutairi in Al Odah v. United States , 02-CV-0828 (CKK), counsel for petitioners in these cases 
are presumed to have a "need to know" information both in their own cases and in related cases 
pending before this Court. Therefore, and except as provided with respect to the three petitioners 
i n MOdah mentioned above, counsel for all petitioners in these cases who have satisfied all 
necessary prerequisites and follow all procedures set forth herein may share and discuss among 
themselves classified information to the extent necessary for the effective representation of their 
clients. Counsel for respondents may challenge the "need to know" presumption on a case-by- 
case basis for good cause shown. 

30. Petitioners' counsel shall not disclose classified information not provided by 
petitioner-detainee to that petitioner-detainee. Should petitioners' counsel desire to disclose 
classified information not provided by petitioner-detainee to that petitioner-detainee, petitioners' 
counsel will provide in writing to the privilege review team (See Exhibit A) a request for release 
clearly stating the classified information they seek to release. The privilege review team will 
forward the petitioner counsel's request to the appropriate government agency authorized to 
declassify the classified information for a determination. The privilege review team will inform 
petitioners' counsel of the determination once it is made. 



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31. No petitioner or counsel for petitioner shall disclose or cause to be disclosed any 
information known or believed to be classified in connection with any hearing or proceeding m 
these cases except as otherwise provided herein. 

32. Except as otherwise stated in this paragraph and to ensure the security of the 
United States of America, at no time, including any period subsequent to the conclusion of the 
proceedings, shall petitioners* counsel make any public or private statements disclosing any 
classified information or documents accessed pursuant to this Protective Order, including the fact 
that any such information or documents are classified. In the event that classified information 
enters the public domain, however, counsel is not precluded from making private or public 
statements about the information already in the public domain, but only to the extent that the 
information is in fact in the public domain. Counsel may not make any public or private 
statements revealing personal knowledge from non-public sources regarding the classified or 
protected states of the information or disclosing that counsel had personal access to classified or 
protected information confirming, contradicting, or otherwise relating to the information already 
in the public domain. In an abundance of caution and to help ensure clarity on this matter, the 
Court emphasizes that counsel shall not be the source of any classified or protected information 
entering the public domain. 

As stated in more detail in paragraph 49 below, failure to comply with these rales may 
result in the revocation of counsel's security clearance as well as civil and/or criminal liability. 

33. The foregoing shall not prohibit petitioners* counsel from citing or repeating 
information in the public domain that petitioners' counsel does not know to be classified 
information or a classified document, or derived from classified information or a classified 
document. 

34. All documents containing classified information prepared, possessed or 
maintained by, or provided to, petitioners' counsel (except filings submitted to the Court and 

10 



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served on counsel for the government), shall remain at all times in the control of the Court 
Security Officer for the duration of these cases. Upon final resolution of these cases, including 
all appeals, all such documents shall be destroyed by the Court Security Officer. 
Access to Protected Information a nd Documents 

35. Without authorization from the government or the Court, protected information 
shall not be disclosed or distributed to any person or entity other than the following: 

a. petitioners' counsel, provided such individuals have signed the 
Acknowledgment, attached hereto as Exhibit C, attesting to the fact that they have read this 
Protective Order and agree to be bound by its terms; and 

b. the Court and its support personnel. 

36. The execution of the Acknowledgment is a condition precedent for petitioners' 
counsel to have access to, or continued access to, protected information for the purposes of this 
proceeding. A copy of each executed Acknowledgment shall be kept by counsel making the 
disclosure until thirty (30) days after the termination of this action, including appeals. 

37. The substitution, departure, or removal of petitioners' counsel from these cases 
for any reason shall not release that person from the provisions of this Protective Order or the 
Acknowledgment executed in connection with this Protective Order. 

38. Petitioners' counsel shall not disclose the contents of any protected documents or 
information to any person, to include counsel in related cases brought by Guantanamo Bay 
detainees in this or other courts, except those authorized pursuant to this Protective Order, the 
Court, or counsel for the government. Except as otherwise specifically provided by Judge 
Colleen Kollar-Kotelly with respect to counsel for petitioners Mohammed Ahmed al Kandari, 
Fawzi Khalid Abdullah Fahad al Odah, and Khalid Abdullah Mishal al Mutairi in Al Odah v. 
United States , 02-CV-0828 (CKK), counsel for petitioners in these coordinated cases may share 
protected information with each other but only to the extent that counsel have appropriate 

11 



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security clearances and that all other procedures set forth in this Protective Order are complied 
with. Petitioners' counsel shall maintain all protected information and documents received 
through this proceeding in a confidential manner. 

39. Petitioners' counsel shall not disclose protected information not provided by 
petitioner-detainee to that petitioner-detainee without prior concurrence of counsel for the 
government or express permission of the Court. 

40. No petitioner or counsel for petitioner shall disclose or cause to be disclosed any 
information known or believed to be protected in connection with any hearing or proceeding in 
these cases except as otherwise provided herein. 

41. At no time, including any period subsequent to the conclusion of the proceedings, 
will petitioners' counsel make any public or private statements disclosing any protected 
information or documents accessed pursuant to this Protective Order, including the fact that any 
such information or documents are protected. 

42. Protected information shall be used only for purposes directly related to these 
cases and not for any other litigation or proceeding, except by leave of the Court. Photocopies of 
documents containing such information shall be made only to the extent necessary to facilitate 
the permitted use hereunder. 

43 . Nothing in this Protective Order shall prevent the government from using for any 
purpose protected information it provides a party. Nothing in this Protective Order shall entitle 
another party to protected information. 

44. Supplying protected information to another party does not waive privilege with 
respect to any person or use outside that permitted by this Protective Order. 

45 . Within sixty (60) days of the resolution of these actions, and the termination of 
any appeals therefrom, all protected documents or information, and any copies thereof, shall be 
promptly destroyed, provided that the party to whom protected information is disclosed certifies 

12 



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in writing that all designated documents and materials have been destroyed, and further provided 
that counsel for the government may retain one complete set of any such materials that were 
presented in any form to the Court. Any such retained materials shall be placed in an envelope or 
envelopes marked "Protected Information Subject to Protective Order." In any subsequent or 
collateral proceeding, a party may seek discovery of such materials from the government, without 
prejudice to the government's right to oppose such discovery or its ability to dispose of the 
materials pursuant to its general document retention policies. 

Procedures for Filing Documents 
46. Until further order of this Court, any pleadings or other document filed by a 
petitioner shall be filed under seal with the Court through the Court Security Officer unless the 
petitioner has obtained from the Court Security Officer permission, specific to a particular, non- 
substantive pleading or document (e.g., motions for extensions of time, continuances, scheduling 
matters, etc.) not containing information that is or may be classified or protected, to file the 
pleading or document not under seal. The date and time of physical submission to the Court 
Security Officer shall be considered the date and time of filing with the Court. The Court 
Security Officer shall promptly examine the pleading or document and forward it to the 
appropriate agencies for their determination whether the pleading or document contains classified 
information. If it is determined that the pleading or document contains classified information, 
the Court Security Officer shall ensure that portion of the document, and only that portion, is 
marked with the appropriate classification marking and that the document remains under seal. If 
it is determined that the pleading or document contains protected information, the Court Security 
Officer shall ensure that portion of the document, and only that portion, remains under seal. Any 
document filed by petitioner that is determined not to contain classified information or protected 
information, and is not subject to any other restrictions on disclosure, shall immediately be 
unsealed by the Court Security Officer and placed in the public record. The Court Security 



13 



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Officer shall immediately deliver under seal to the Court and counsel for the government any 
pleading or document to be filed by petitioners that contains classified information or protected 
information. The Court shall then direct the clerk to enter on the docket sheet the title of the 
pleading or document, the date it was filed, and the fact that it has been filed under seal with the 
Court Security Officer. 

47. Any pleading or other document filed by the government containing classified 
information shall be filed under seal with the Court through the Court Security Officer. The date 
and time of physical submission to the Court Security Officer shall be considered the date and 
time of filing with the Court. The Court Security Officer shall serve a copy of any classified 
pleadings by the government upon the Petitioner at the secure facility. 

48. Nothing herein shall require the government to disclose classified or protected 
information. Nor shall anything herein prohibit the government from submitting classified 
information or protected information to the Court in camera or ex parte in these proceedings, or 
entitle petitioners or petitioners' counsel access to such submissions or information. Except for 
good cause shown in the filing, the government shall provide counsel for the petitioner or 
petitioners with notice served on such counsel on the date of the filing. 

Penalties for Unauthorized Disclosure 

49. Any unauthorized disclosure of classified information may constitute violations of 
United States criminal laws. In addition, any violation of the terms of this Protective Order shall 
be immediately brought to the attention of the Court and may result in a charge of contempt of 
Court and possible referral for criminal prosecution. See e_g., Executive Order 12958, as 
amended. Any breach of this Protective Order may also result in the termination of access to 
classified information and protected information. Persons subject to this Protective Order are 
advised that direct or indirect unauthorized disclosure, retention, or negligent handling of 
classified documents or information could cause damage to the national security of the United 

14 



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States or may be used to the advantage of an adversary of the United States or against the 
interests of the United States. Persons subject to this Protective Order are also advised that direct 
or indirect unauthorized disclosure, retention, or negligent handling of protected documents or 
information could risk the security of United States government personnel and facilities, and 
other significant government interests. This Protective Order is to ensure that those authorized to 
receive classified information and protected information will not divulge this information to 
anyone who is not authorized to receive it, without prior written authorization from the original 
classification authority and in conformity with this Protective Order. 

50. The termination of these proceedings shall not relieve any person or party 
provided classified information or protected information of his, her, or its obligations under this 
Protective Order. 

IT IS SO ORDERED. 

November 8, 2004 /s/ 

JOYCE HENS GREEN 
United States District Judge 



15 



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Exhibit A 



Case 1:05-cv-01458-UNA-AK Document 18 Filed 03/29/2006 Page 21 of 43 



EXHIBIT A 



REVISED PROCEDURES FOR COUNSEL ACCESS TO DETAINEES 

AT THE U.S. NAVAL BASE IN GUANTANAMO BAY, CUBA 



I. Applicability 

Except as otherwise stated herein or by other Order issued in the United States District 
Court for the District of Columbia, the following procedures shall govern counsel access to all 
detainees in the control of the Department of Defense ("DoD") at the U.S. Naval Base in 
Guantanamo Bay, Cuba ("GTMO") by counsel for purposes of litigating the cases in which this 
Order is issued. 

These procedures do not apply to counsel who are retained solely to assist in the defense 
of a detainee in a trial by military commission. Access by that counsel is covered by the 
Procedures for Monitoring Communications Between Detainees Subject to Trial by Military 
Commission and their Defense Counsel Pursuant to Military Commission Order No. 3. 

II. Definitions 

A. Communications : All forms of communication between counsel and a detainee, including 
oral, written, electronic, or by any other means. 

B. Counsel : An attorney who is employed or retained by or on behalf of a detainee for purposes 
of representing the detainee in the United States District Court for the District of Columbia and 
who is admitted, either generally or pro hac vice, in this Court. Unless otherwise stated, 
"counsel" also includes co-counsel, interpreters, translators, paralegals, investigators and all 
other personnel or support staff employed or engaged to assist in the litigation. 

C. Detainee : An individual detained by DoD as an alleged enemy combatant at the U.S. Naval 
Base in Guantanamo Bay, Cuba. 

D. Privilege Team : A team comprised of one or more DoD attorneys and one or more 
intelligence or law enforcement personnel who have not taken part in, and, in the future, will not 
take part in, any domestic or foreign court, military commission or combatant status tribunal 
proceedings involving the detainee. If required, the privilege team may include 
interpreters/translators, provided that such personnel meet these same criteria. 

E. Legal Mail : Letters written between counsel and a detainee that are related to the counsel's 
representation of the detainee, as well as privileged documents and publicly-filed legal 
documents relating to that representation. 



Case 1:05-cv-01458-UNA-AK Document 18 Filed 03/29/2006 Page 22 of 43 



EXHIBIT A 



III. Requirements for Access to and Communication with Detainees 

A. Security Clearance : 

1 . Counsel must hold a valid current United States security clearance at the Secret 
level or higher, or its equivalent (as determined by appropriate DoD intelligence 
personnel). 

2. Counsel who possess a valid security clearance shall provide, in writing, the date 
of their background investigation, the date such clearance was granted, the level of 
the clearance, and the agency who granted the clearance. Access will be granted 
only after DoD verification of the security clearance. 

3. Counsel who does not currently possess a Secret clearance will be required to 
submit to an application for clearance to the Department of Justice, Litigation 
Security Division. 

B. Acknowledgment of and Compliance with Access Procedures 

1 . Before being granted access to the detainee, counsel will receive a copy of these 
procedures. To have access to the detainee, counsel must agree to comply fully 
with these procedures and must sign an affirmation acknowledging his/her 
agreement to comply with them. 

2. This affirmation will not be considered an acknowledgment by counsel that the 
procedures are legally permissible. Even if counsel elects to challenge these 
procedures, counsel may not knowingly disobey an obligation imposed by these 
procedures. 

3. The DoD expects that counsel, counsel's staff, and anyone acting on the behalf of 
the attorney will fully abide by the requirements of this document. Counsel is 
required to provide the DoD with signed affirmations from interpreters, 
translators, paralegals, investigators and all other personnel or support staff 
employed or engaged to assist in the litigation, upon utilization of those 
individuals by counsel in a manner that implicates these procedures. 

4. Should counsel fail to comply with the procedures set forth in this document, 
access to or communication with the detainee will not be permitted. 

C. Verification of Representation 

1 . Prior to being permitted access to the detainee, counsel must provide DoD with a 

Notification of Representation. This Notification must include the counsel's 
licensing information, business and email addresses and phone number, as well as 



Case 1:05-cv-01458-UNA-AK Document 18 Filed 03/29/2006 Page 23 of 43 



EXHIBIT A 

the name of the detainee being represented by the counsel. Additionally, counsel 
shall provide evidence of his or her authority to represent the detainee. 

2. Counsel shall provide evidence of his or her authority to represent the detainee as 
soon as practicable and in any event no later than ten (10) days after the 
conclusion of a second visit with the detainee. The Court recognizes that counsel 
may not be in a position to present such evidence after the initial meeting with a 
detainee. Counsel for detainees and counsel for respondents shall cooperate to the 
fullest extent possible to reach a reasonable agreement on the number of counsel 
visits allowed. Should counsel for a detainee believe that the government is 
unreasonably limiting the number of visits with a detainee, counsel may petition 
the Court at the appropriate time for relief. 

3 . If the counsel withdraws from representation of the detainee or if the 
representation is otherwise terminated, counsel is required to inform DoD 
immediately of that change in circumstances. 

4. Counsel must provide DoD with a signed representation stating that to the best of 
counsel's knowledge after reasonable inquiry, the source of funds to pay counsel 
any fees or reimbursement of expenses are not funded directly or indirectly by 
persons or entities the counsel believes are connected to terrorism or the product 
of terrorist activities, including "Specially Designated Global Terrorists," 
identified pursuant to Exec. Order No. 13,224, 66 Fed. Reg. 49,079 (Sept. 23, 
2001) or Exec. Order No. 12,947, 60 Fed. Reg. 5079 (Jan. 23, 1995), and (b) 
counsel has complied with ABA Model Rule 1 .8(f). 

D. Logistics of Counsel Visits 

1 . Counsel shall submit to the Department of Justice (Do J) any request to meet with 
a detainee. This request shall specify date(s) of availability for the meeting, the 
desired duration of the meeting and the language that will be utilized during the 
meeting with the detainee. Reasonable efforts will be made to accommodate the 
counsel's request regarding the scheduling of a meeting. Once the request has 
been approved, DoJ will contact counsel with the date and duration of the 
meeting. 

2. Legal visits shall take place in a room designated by JTF-Guantanamo. No more 
than two attorneys (or one attorney and one assistant) plus one 
interpreter/translator shall visit with a detainee at one time, unless approved in 
advance by the Commander, JTF-Guantanamo. Such approval shall not be 
unreasonably withheld. 

3. Due to the mission and location of the US Naval Base at Guantanamo Bay, Cuba, 
certain logistical details will need to be coordinated by counsel prior to arrival. 
This includes arrangements for travel and lodging. Specific information regarding 
these issues will be provided by DoJ. 



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EXHIBIT A 



4. In order to travel to GTMO, all counsel must have a country and theater clearance 
for that specific visit, hi order to begin processing country and theater clearances, 
counsel must have confirmed flight information for travel to GTMO and a valid 
current United States security clearance at the Secret level or higher, or its 
equivalent (as determined by appropriate DoD intelligence personnel). Country 
and theater clearances require twenty (20) days to process. Accordingly, counsel 
shall provide DoD, through DoJ, with the required information no later than 20 
days prior to the GTMO visit date, or as soon as a visit is scheduled. Requests for 
visits made inside of 20 days will not normally be granted. 

IV. Procedures for Correspondence Between Counsel and Detainee 

A. Mail Sent by Counsel to Detainee ("Incoming Mail") 

1 . Counsel shall send incoming legal mail for a detainee to the privilege team at the 
appropriate address provided by government counsel. Each envelope or mailer 
shall be labeled with the name of the detainee and shall include a return address 
for counsel sending the materials. The outside of the envelope or mailer for 
incoming legal mail shall be labeled clearly with the following annotation: 
"Attorney-Detainee Materials-For Mail Delivery to Detainee." 

2. Each page of legal mail shall be labeled "Attorney-Detainee Materials." No 
staples, paper clips or any non-paper items shall be included with the documents. 

3. Upon receiving legal mail from counsel for delivery to the detainee, the privilege 
team shall open the envelope or mailer to search the contents for prohibited 
physical contraband. Within two (2) business days of receipt of legal mail, and 
assuming no physical contraband is present, the privilege team shall forward the 
mail to military personnel at GTMO in a sealed envelope marked "Legal Mail 
Approved by Privilege Team" and clearly indicating the identity of the detainee to 
which the legal mail is to be delivered. The privilege team shall return to the 
sender any incoming mail that does not comply with the terms of paragraphs 
IV.A.1.,2. 

4. Within two (2) business days of receipt of legal mail from the privilege team, 
personnel at GTMO shall deliver the envelope or mailer marked by the privilege 
team as "Legal Mail Approved by the Privilege Team" to the detainee without 
opening the envelope or mailer. If counsel desires confirmation that the 
documents were delivered to the detainee, counsel is responsible for providing a 
stamped, self-addressed envelope for that purpose. The detainee shall be 
responsible for mailing any confirmation of delivery to counsel as outgoing legal 
mail. This method shall be the sole and exclusive means by which confirmation 
of delivery is provided to counsel. 



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EXHIBIT A 

5 Written correspondence to a detainee not falling within the definition of legal mail 

shall be sent through the United States Postal Service to the appropriate address 
provided by government counsel- Non-legal mail includes, but is not limited to, 
letters from persons other than counsel, including family and friends of the 
detainee. These non-privileged communications will be reviewed by military 
personnel at GTMO under the standard operating procedures for detainee non- 
legal mail. 

6. Counsel is required to treat all information learned from a detainee, including any 
oral and written communications with a detainee, as classified information, unless 
and until the information is submitted to the privilege team and determined to be 
otherwise by the privilege team or by this Court or another court. Accordingly, if 
a counsel's correspondence contains any summary or recitation of or reference to 
a communication with a detainee that has not been previously determined to be 
unclassified, the correspondence shall be prepared, marked, transported and 
handled as classified material as required by Executive Order 12958, DOD 
Regulation 5200. 1-R and AI 26, OSD Information and Security Supplement to 
DOD Regulation 5200. 1R. 

7. Written and oral communications with a detainee, including all incoming legal 
mail, shall not include information relating to any ongoing or completed military, 
intelligence, security, or law enforcement operations, investigations, or arrests, or 
the results of such activities, by any nation or agency or current political events in 
any country that are not directly related to counsel's representation of that 
detainee; or security procedures at GTMO (including names of U.S. Government 
personnel and the layout of camp facilities) or the status of other detainees, not 
directly related to counsel's representation. 

B. Mail Sent by Detainee to Counsel ("Outgoing Mail") 

1 . Detainees will be provided with paper to prepare communications to counsel. In 
the presence of military personnel, the detainee will seal the written 
communication into an envelope and it will be annotated as "Attorney-Detainee 
Materials-For Mail Delivery To Counsel." Each envelope shall be labeled with 
the name of the detainee and the counsel. Envelopes annotated with the name of 
persons other the detainee's counsel (including family/friends or other attorneys) 
shall be processed according to the standard operating procedures for detainee 
non-legal mail. 

2. Military personnel will collect the outgoing legal mail within one (1) business day 
of being notified by the detainee that the communication is prepared for sealing 
and mailing. 

3. After the outgoing legal mail is collected from the detainee, the envelope will be 
sealed into a larger envelope by military personnel at Guantanamo which will be 
marked as "Attorney-Detainee Materials-For Mail Delivery To Counsel" and will 



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EXHIBIT A 

be annotated with the name of the detainee and the counsel. The envelope will be 
sealed and mailed in the manner required for classified materials. Within two (2) 
business days of receipt from the detainee, the communication will be mailed to 
the appropriate address as provided by government counsel. 

4. Detainees also are permitted to send non-legal mail, including written 
communications to persons other than counsel, through the United States Postal 
Service. These communications shall be reviewed by military personnel at 
Guantanamo under the standard operating procedures for detainee non-legal mail. 

5. In the event any non-legal correspondence or messages from a detainee to 
individuals other than his counsel (including family/friends or other attorneys) are 
sent to counsel as, or included with, legal mail, counsel shall return the documents 
to military personnel at GTMO for processing according to the standard operating 
procedures for detainee non-legal mail. 

V. Materials Brought Into A Meeting With Detainee And Counsel 

A. Counsel shall bring only legal mail, writing utensils and paper into any meeting 
with a detainee unless counsel has received prior approval from the Commander, 
JTF-GTMO. The Commander shall not unreasonably withhold approval for 
counsel to bring into a meeting with a detainee letters, tapes, or other 
communications introducing counsel to the detainee, if the government has first 
reviewed the communication and determined that sharing the communication with 
the detainee would not threaten the security of the United States. 

B. Written and oral communications with a detainee, including all documents 
brought into a meeting with a detainee, shall not include information relating to 
any ongoing or completed military, intelligence, security, or law enforcement 
operations, investigations, or arrests, or the results of such activities, by any nation 
or agency or current political events in any country that are not directly related to 
counsel's representation of that detainee; or security procedures at GTMO 
(including names of U.S. Government personnel and the layout of camp facilities) 
or the status of other detainees, not directly related to counsel's representation. 

VI. Materials Brought Out Of A Meeting With Detainee and Counsel 

A. Upon the completion of each meeting with a detainee or during any break in a 
meeting session, counsel will give the notes or documents used or produced 
during the meeting to a designated individual at Guantanamo. These materials 
will be sealed in the presence of counsel and will be handled as classified material 
as required by Executive Order 12958, DOD Regulation 5200. 1-R and AI26, 
OSD Information Security Supplement to DOD Regulation 5200. 1R. 

B. Upon the completion of the counsel's visit to Guantanamo, the notes or 
documents used or produced during the visit shall be sealed in the presence of 



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EXHIBIT A 

counsel and placed in an envelope labeled as "Attorney-Detainee Meeting 
Documents-For Delivery to Counsel." The envelope shall be sealed into a larger 
envelope by military personnel at Guantanamo which shall be marked as 
"Attorney-Detainee Meeting Documents-For Mail Delivery To Counsel" and shall 
be annotated with the name of the detainee and the counsel. The envelope shall 
be sealed and mailed in the manner required for classified materials. Within two 
(2) business days following the completion of the counsel's visit to Guantanamo, 
the package shall be mailed to the appropriate address provided by government 
counsel. 

C. Correspondence or messages from a detainee to individuals other than his counsel 
(including family/friends or other attorneys) shall not be handled through this 
process. If a detainee provides these communications to his counsel during a 
visit, counsel shall give those communications to military personnel at 
Guantanamo so they can be processed under the standard operating procedures for 
detainee non-legal mail. 

VII. Classification Determination of Detainee Communications 

A. Counsel may submit information learned from a detainee to the privilege team for 
a determination of its appropriate security classification. Counsel shall 
memorialize the information submitted for classification review into a written 
memorandum outlining as specifically as possible the information for which 
counsel requests a classification determination. All documents submitted for 
classification review shall be prepared, handled and treated in the manner required 
for classified materials, as provided by as required by Executive Order 12958, 
DOD Regulation 5200. 1-R and AI 26, OSD Information Security Supplement to 
DOD Regulation 5200. 1R. No information derived from these submissions shall 
be disclosed outside the privilege team pursuant to these procedures until after the 
privilege team has reviewed it for security and intelligence purposes. Absent 
express consent given by the Court, or except as otherwise provided in this 
document, the submissions shall not be disclosed to any person involved in the 
interrogation of a detainee, and no such individual may make any use of those 
communications whatsoever, nor shall the submissions be disclosed to any 
Government personnel involved in any domestic or foreign court, military 
commission or combatant status tribunal proceedings involving the detainee. 

B. Counsel shall send all materials submitted for classification review to the 
appropriate address to be provided by government counsel. The outside of the 
envelope or mailer shall be clearly labeled "Attorney-Detainee Meeting 
Documents-For Classification Review By Privilege Team." Each envelope or 
mailer shall be annotated with the name of the detainee and the counsel. Each 
page of the document submitted for classification review shall be marked 
"Attorney-Detainee Materials" and "Classified." The envelope or mailer will be 
sealed and mailed in the manner required for classified materials. 



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EXHIBIT A 

C. As soon as possible after conducting the classification review, the privilege team 
shall advise counsel of the classification levels of the information contained in the 
materials submitted for review. The privilege team shall forward its classification 
determination directly to counsel after a review and analysis period not to exceed, 
from the time of receipt by the privilege team: 

1 . Seven (7) business days for information that is written in the English language; 

2. Fourteen (14) business days for any information that includes writing in any 
language other than English, to allow for translations by the privilege team; 

3. Twenty (20) business days for any information where the privilege team has 
reason to believe that a code was used, to allow for further analysis. 

D. While conducting classification review, the privilege team shall promptly report 
any information that reasonably could be expected to result in immediate and 
substantial harm to the national security to the Commander, JTF-Guantanamo. In 
his discretion, the Commander, JTF-Guantanamo may disseminate the relevant 
portions of the information to law enforcement, military and intelligence officials 
as appropriate. 

E. If, at any time, the privilege team determines that information in the documents 
submitted for classification review relate to imminent acts of violence, the 
privilege team shall report the contents of those documents to Commander, JTF- 
Guantanamo. In his discretion, the Commander, JTF-Guantanamo may 
disseminate the relevant portions of the information to law enforcement, military 
and intelligence officials. 

F. The privilege team shall not disclose any information submitted by counsel for 
classification review outside the privilege team, except as provided by these 
procedures or as permitted by counsel submitting the information. 

VIII. Telephonic Access to Detainee 

A. Requests for telephonic access to the detainee by counsel or other persons will not 
normally be approved. Such requests may be considered on a case-by-case basis 
due to special circumstances and must be submitted to Commander, JTF- 
Guantanamo. 

B. Any telephonic access by counsel will be subject to appropriate security 
procedures, but shall not include contemporaneous monitoring or recording. 

C. Any telephonic access by persons other than counsel will be subject to appropriate 
security procedures, including contemporaneous monitoring and recording. 



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EXHIBIT A 

IX. Counsel's Handling And Dissemination Of Information From Detainee 

A Subject to the terms of any applicable protective order, counsel may disseminate 

the unclassified contents of the detainee's communications for purposes 
reasonably related to their representation of that detainee. 

B Counsel is required to treat all information learned from a detainee, including any 

oral and written communications with a detainee, as classified information, unless 
and until the information is submitted to the privilege team and determined to be 
otherwise All classified material must be handled, transported and stored m a 
secure manner, as provided by Executive Order 12958, DOD Regulation 5200. 1-R 
and AI 26, OSD Information Security Supplement to DOD Regulation 5200. 1R. 

C Counsel shall disclose to DoJ or Commander, JTF-Guantanamo any information 

learned from a detainee involving future events that threaten national security or 
involve imminent violence. 

D Counsel may not divulge classified information not learned from the detainee to 

the detainee. Counsel may not otherwise divulge classified information related to 
a detainee's case to anyone except those with the requisite security clearance and 
need to know using a secure means of communication. Counsel for detainees in 
the coordinated cases pending in the United States District Court for the District 
of Columbia are presumed to have a "need to know" information in related cases 
pending before this Court. Counsel for respondents in those cases may challenge 
this presumption on a case-by-case basis for good cause shown. 

X. JTF-Guantanamo Security Procedures 

A. Counsel and translators/interpreters shall comply with the following security 
procedures and force protection safeguards applicable to the US Naval Base m 
Guantanamo Bay, Cuba, JTF-Guantanamo and the personnel assigned to or 
visiting these locations, as well as any supplemental procedures implemented by 
JTF-Guantanamo personnel. 

B. Contraband is not permitted in JTF-Guantanamo and all visitors are subject to 
search upon arrival and departure. Examples of contraband include, but are not 
limited to, weapons, chemicals, drugs, and materials that may be used in an escape 
attempt. Contraband also includes money, stamps, cigarettes, writing instruments, 
etc. No items of any kind may be provided to the detainee without the advance 
approval of the Commander, JTF-Guantanamo. 

C. Photography or recording of any type is prohibited without the prior approval of 
the Commander, JTF-Guantanamo. No electronic communication devices are 
permitted. All recording devices, cameras, pagers, cellular phones, PDAs, 
laptops, portable electronic devices and related equipment are prohibited m or 
near JTF-Guantanamo. Should any of these devices be inadvertently taken into a 



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EXHIBIT A 

prohibited area, the device must be surrendered to JTF-Guantanamo staff and 
purged of all information. 

D. Upon arrival at JTF-Guantanamo, security personnel will perform a contraband 
inspection of counsel and translators/interpreters using metal detectors as well as a 
physical inspection of counsel's bags and briefcases and, if determined necessary, 
a physical inspection of his/her person. 

E. Counsel shall not be permitted to interview or question members of the Joint Task 
Force about their duties or interactions with detainees without first obtaining 
permission from the Commander, Joint Task Force Guantanamo. Should 
permission be unreasonably denied, counsel may seek an Order from this Court 
granting permission for good cause shown. 

F. Counsel will meet with a detainee in conference facilities provided by GTMO. 
These facilities are subject to visual monitoring by closed circuit TV for safety 
and security reasons. (The only other method of visual observation available is 
for the door to remain open with military police sitting outside the door.). No oral 
communications between counsel and detainee will be heard. 

G. At the conclusion of a meeting with a detainee, counsel and 
translators/interpreters will again be inspected using a metal detector and, if 
deemed necessary, by physical inspection of their persons. 



10 



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Exhibit B 



Case 1:05-cv-01458-UNA-AK Document 18 Filed 03/29/2006 Page 32 of 43 



EXHIBIT B 



IN THE UNITED STATES DISTRICT COURT 
FOR THE DISTRICT OF COLUMBIA 



, et al. 



Petitioners, 



Civil Action No. 



GEORGE W. BUSH, 

President of the United 
States, et al. , 

Respondents . 

MEMORANDUM OF UNDERSTANDING REGARDING ACCESS TO 
CLASSIFIED NATIONAL SECURITY INFORMATION 

Having familiarized myself with the applicable statutes, 
regulations, and orders related to, but not limited to, 
unauthorized disclosure of classified information, espionage and 
related offenses; The Intelligence Identities Protection Act, 50 
U.S.C. § 421; 18 O.S.C. § 641; 50 U.S.C. § 783; 28 C.F.R. § 17 et 
seg. ; and Executive Order 12958; I understand that I may be the 
recipient of information and documents that belong to the United 
States and concern the present and future security of the United 
States, and that such documents and information together with the 
methods and sources of collecting it are classified by the United 
States government. In consideration for the disclosure of 
classified information and documents: 

(1) I agree that I shall never divulge, publish, or reveal 
either by word, conduct or any other means, such classified 



Case 1:05-cv-01458-UNA-AK Document 18 Filed 03/29/2006 Page 33 of 43 



EXHIBIT B 

documents and information unless specifically authorized in 
writing to do so by an authorized representative of the United 
States government, or as expressly authorized by the Protective 
Order entered in the United States District Court for the 

District of Columbia in the case captioned v. George 

W. Bush, No. . 

(2) I agree that this Memorandum of Understanding and any 
other non-disclosure agreement signed by me will remain forever 
binding on me. 

(3) I have received, read, and understand the Protective 
Order entered by the United States District Court for the 

District of Columbia in the case captioned v. George 

W. Bush, No. , and I agree to comply with the provisions 

thereof. 



Date 



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Exhibit C 



Case 1:05-cv-01458-UNA-AK Document 18 Filed 03/29/2006 Page 35 of 43 



EXHIBIT C 

ACKNOWLEDGMENT 

The undersigned hereby acknowledges that he/she has read the 
Protective Order entered in the United States District Court for 

the District of Columbia in the case captioned v. 

George W. Bush, No. , understands its terms, and agrees to 

be bound by each of those terms. Specifically, and without 
limitation, the undersigned agrees not to use or disclose any 
protected information or documents made available to him/her 
other than as provided by the Protective Order. The undersigned 
acknowledges that his/her duties under the Protective Order shall 
survive the termination of this case and are permanently binding, 
and that failure to comply with the terms of the Protective Order 
may result in the imposition of sanctions by the Court. 



DATED: 



(type or print name) 



SIGNED: 



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EXHIBIT 2 



Case 1:05-cv-01458-UNA-AK Document 18 Filed 03/29/2006 Page 37 of 43 



UNITED STATES DISTRICT COURT 
FOR THE DISTRICT OF COLUMBIA 



In re Guantanamo Detainee Cases 



Civil Action Nos. 

02-CV-0299 (CKK), 02-CV-0828 (CKK), 
02-CV-1130 (CKK), 04-CV-113S (ESH), 
04-CV-1136 (JDB), 04-CV-1137 (RMC), 
04-CV-1142 (RJL), 04-CV-U44 (RWR), 
04-CV-1164 (RBW), 04-CV-1166 (RJL), 
04-CV-1194 (HHK), 04-CV-1227 (RBW), 
04-CV-12S4 (HHK), 04-CV-1519 (JR) 



ORDER ADDRESSING DESIGNATION PROCEDURES 
FOR "PROTECTED INFORMATION" 

On November 8, 2004, counsel for respondents in these coordinated cases filed a motion 

requesting the Court to designate as "protected information" the unclassified information 

contained in the respondents' factual returns to the petitions for writs of habeas corpus that is not 

filed on the public record. Counsel for certain petitioners filed responses stating that they could 

not take a position on the respondents' motion until they or a designated representative had an 

opportunity to review the material that the respondents seek to have declared "protected." 

In the interest of the efficient administration of these proceedings, it is hereby 

ORDERED that should counsel for respondents in these consolidated cases wish to have 

the Court deem any information "protected" pursuant to the Court's November 8, 2004 Amended 

Protective Order and Procedures for Counsel Access to Detainees at the United States Naval 

Base in Guantanamo Bay, Cuba, counsel for respondents shall disclose the information to 

qualified counsel for petitioners and attempt to reach an agreement regarding the designation of 

the information prior to filing a motion with the Court. "Qualified counsel" for petitioners 

means those counsel who have satisfied the necessary prerequisites set forth in the Amended 



Case 1:05-cv-01458-UNA-AK Document 18 Filed 03/29/2006 Page 38 of 43 



Protective Order for the viewing of protected information. 

It is FURTHER ORDERED that counsel for petitioners shall treat such disclosed 
information as "protected" unless and until the Court rules that the information should not be 
designated as "protected." 

It is FURTHER ORDERED that counsel for petitioners shall make their best efforts to 
designate one attorney as a representative to review the information on their behalf and to 
negotiate with counsel for respondents prior to the filing of any motions to deem information 

"protected." 

With respect to the November 8, 2004 Motion to Designate as "Protected Information" 
Unclassified Information in Factual Returns to Petitions for Writ of Habeas Corpus That is Not 
Filed on the Public Record, it is hereby 

ORDERED that counsel for respondents shall deliver the information they seek to be 
deemed "protected" to the Court Security Officer at the designated secured facility on or before 
November 17,2004. 

It is FURTHER ORDERED that the Court Security Officer shall notify counsel for the 
petitioners of the location of the secured facility on or before November 12, 2004. 

It is FURTHER ORDERED that petitioners' counsel shall review at the secured facility 

the information at issue and shall notify the Court of their position with respect to the designation 

of the information on or before November 19, 2004. 

IT IS SO ORDERED. 

November 10, 2004 /s/ . 



JOYCE HENS GREEN 
United States District Judge 



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EXHIBIT 3 



Case 1:05-cv-01458-UNA-AK Document 18 Filed 03/29/2006 Page 40 of 43 



UNITED STATES DISTRICT COURT 
FOR THE DISTRICT OF COLUMBIA 



In re Guantanamo Detainee Cases 



Civil Action Nos. 

02-CV-0299 (CKK), 02-CV-0828 (CKK), 
02-CV-1130 (CKK), 04-CV-1135 (ESH), 
04-CV-1136 (JDB), 04-CV-1137 (RMC), 
04-CV-1144 (RWR), 04-CV-1164 (RBW), 
04-CV-1194 (HHK), 04-CV-1227 (RBW), 
04-CV-1254 (HHK), 04-CV-1897 (RMC) 



ORDER SUPPLEMENTING AND AMENDING FILING PROCEDURES 
CONTAINED IN NOVEMBER 8, 2004 AMENDED PROTECTIVE ORDER 



In its November 8, 2004 Amended Protective Order, the Court set forth procedures for 
the filing of documents by counsel in these coordinated cases. Paragraph 46 governs the filing of 
documents by counsel for the petitioners and requires that all filings be first submitted under seal 
to the Court Security Officer ("CSO") to determine whether they contain classified or protected 
information. If the CSO, in consultation with the appropriate agency, concludes that a particular 
filing does not contain any classified or protected information, "j 46 requires the unsealing of the 
document by the CSO and the filing of the document in the public record. If the CSO, in 
consultation with the appropriate agency, concludes that a particular filing does contain classified 
or protected information, that information is to remain under seal and the unclassified and 
unprotected portions of the filing, if any, are to be placed in the public record. Paragraph 47 
governs the filing of classified materials by counsel for the respondents and requires counsel to 
submit classified filings under seal to the Court through the CSO. 



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It has recently come to the Court's attention that some confusion and certain difficulties 
have arisen with respect to the filing of documents containing classified or protected information. 
Most of the difficulties have arisen as a result of the nature of the Court's CM/ECF electronic 
filing system. To clarify and, hopefully, to improve the filing system, it is hereby 

ORDERED that the "Procedures For Filing Documents" contained on pages 13 through 
14 of the November 8, 2004 Amended Protective Order are modified and supplemented as 

follows: 

All documents filed by a petitioner shall be filed under seal with the Court through the 
Court Security Officer for determination by the appropriate agency as to whether the documents 
contain classified or protected information. At the time of making a submission to the CSO, the 
attorney shall file on the public record in the CM/ECF system a "Notice of Filing" notifying the 
Court that a submission has been made to the CSO and specifying in general terms the nature of 
the filing without disclosing any potentially classified or protected information. It is the Court's 
understanding that the CM/ECF system requires counsel to attach a document to any entry made 
by them on the system. Accordingly, the document to be attached to the Notice of Filing in the 
CM/ECF system shall be a one page submission repeating in general terms the nature of the 
filing without disclosing any potentially classified or protected information and disclosing the 
date and time the document was delivered to the CSO for her review. 

In the event that the CSO informs counsel for a petitioner that a proposed filing does not 
contain any classified or protected information, counsel shall then promptly file the full 
submission in the CM/ECF system and counsel shall make specific reference to the earlier docket 



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entry notifying the Court that the document had been submitted to the CSO for review. The 
docket entry description shall also state that the CSO has approved of the public filing of the 
document. The underlying document filed in the CM/ECF system shall contain a notation in the 
upper right hand corner of the first page stating "PREVIOUSLY FILED WITH CSO AND 
CLEARED FOR PUBLIC FILING." 

In the event that the CSO informs counsel for a petitioner that a proposed filing does in 
fact contain some or all classified or protected information, counsel shall then promptly file in 
the CM/ECF system a version of the document suitable for public viewing. Unless an entire 
document is deemed classified or protected, a "version of the document suitable for public 
viewing" shall mean a document in which the portions of the document containing classified or 
protected information are redacted. Such document shall contain a notification in the upper right 
hand corner of the first page stating "REDACTED VERSION FOR PUBLIC FILING CLEARED 
BY CSO." In the event an entire document is deemed classified or protected, a "version of the 
document suitable for public viewing" shall mean a one page "half sheet" containing the caption 
of the case, a version of the title of the document that does not disclose classified or protected 
information, and a brief statement that the CSO has informed counsel that the entire document is 
classified or protected. The docket entry description in the CM/ECF system for the document 
suitable for public viewing shall make specific reference to the earlier docket entry notifying the 
Court that the document had been submitted to the CSO for review. 

Any pleading or other document filed by counsel for the respondents containing classified 
or protected information shall be filed under seal with the Court through the CSO. In addition, 



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counsel for respondents shall file in the CM/ECF system a version of the document suitable for 
public viewing as that phrase is defined in the preceding paragraph. 



IT IS SO ORDERED. 
December 13, 2004 



/s/ 



JOYCE HENS GREEN 
United States District Judge