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Full text of "gov.uscourts.dcd.116163"

Case 1:05-cv-01458-UNA-AK Document 24-2 Filed 07/21/2006 Page 1 of 40 



EXHIBIT A 



Case 1:05-cv-01458-UNA-AK Document 24-2 Filed 07/21/2006 Page 2 of 40 



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-1I37 (RMC), 
04-CV-1142 (RJL), 04-CV-1144 (RWR), 
04-CV-1164 (RBW), 04-CV-1166 (RJL), 
04-CV-1194 (HHK), 04-CV-1227 (RBW), 
04-CV-1254 (HHK), 04-CV-1519 (JR) 



AMENDED PROTECTIVE ORDER AND PROCEDURES FOR COUNSEL ACCESS 

TO DETAINEES AT THE UNITED STATES NAVAL BASE 

IN GUANTANAMO BAY, CUBA 

This matter comes before the Court upon Respondents' Motion for Protective Order to 
prevent the unauthorized disclosure or dissemination of classified national security information 
and other protected information that may be reviewed by, made available to, or are otherwise in 
the possession of, the petitioners and/or petitioners' counsel in these coordinated cases. Pursuant 
to the general supervisory authority of the Court, in order to protect the national security, and for 
good cause shown, 

IT IS ORDERED: 

1 . The Court finds that these cases involve classified national security information or 
documents, the storage, handling and control of which require special security precautions, and 
access to which requires a security clearance and a "need to know." These cases may also 
involve other protected information or documents, the storage, handling and control of which 
may require special precautions in order to protect the security of United States government 
personnel and facilities, and other significant government interests. 

2. The purpose of this Protective Order is to establish the procedures that must be 
followed by all petitioners' counsel, their respective petitioner(s), all other counsel involved in . 



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these cases, translators for the parties, and all other individuals who receive access to classified 
national security infoimation or documents, or other protected information or documents, in 
connection with these cases, including the privilege team as defined in Exhibit A. 

3 . The procedures set forth m this Protective Order will apply to all aspects of these 
cases, and may be modified by fitrther order of the Court sua sponte or upon application by any 
party. The Court will retain continuing jurisdiction to enforce or modify the terms of this Order. 

4. Nothing in this Order is intended to or does preclude the use of classified 
information by the government as otherwise authorized by law outside of these actions. 

5. Petitioners' counsel shall be responsible for advising their employees, the 
petitioners, and others of the contents of this Protective Order, as appropriate or needed. 

6. Petitioners' counsel are botmd by the terms and conditions set forth in the 
"Revised Procedures For Counsel Access To Detainees At the U.S. Naval Base In Guantanamo 
Bay, Cuba," and the procedures for handlmg mail and documents brought into and out of counsel 
meetings, attached hereto as Exhibit A. This Protective Order specifically incorporates by 
reference all terms and conditions estabUshed in the procedures contained in Exhibit A to the 
extent they place limitations on petitioners' coimsel in their access to and interaction with 
petitioners or handling of information. Any violation of the terms and conditions of those 
procediues will also be deemed a violation of this Protective Order. This paragraph does not 
apply with respect to provisions in the procedures contained in Exhibit A that axe or have been 
overridden by the Court. 

7. The privilege team shall not disclose to any person any information provided by 
counsel for a petitioner or by a petitioner, other than information provided in a filing with the 
Court, tmless such information, if it were monitored information, could be disclosed under 
Section X of Exhibit A. Such disclosure shall be consistent with the provisions of Section X of 
Exhibit A. 



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Definitions 
,.Hea.o ailv„.«eno.pnn.ea„of.y>.na,.onna.on:.on„ai,.ciu<U.son^a.s. 

„ota.on.adeonsuc.cop.so.othe..seXa.a^e.nc.uae..u.a.enoti^.d«>, 

. P3pe.s, ccespondence, .e.o.anda, .o..s. ieuers. .pons, .un^anes. 

p.o..ap.s,.aps,c.a...apK.nt.officeana..a-o«iceco_ca.^^^^^^^ 
onconcen.nsco„.o„s,.ee..ss,o.o.e.co^u.cat.ons,.uiiet^.^^^^^ 
.e,es.a„..telefacs>n.Ues.nvo.cs,wo..s.eets.ana^fts,ait.a.o. 

aBd amendments ofany tod to the foregoing; ■ ; . , ,. ^ . „, 

b g.aph.cororalrecordsorrepresentationsofanykm4tncludtng.butnot 

Hm.ed to, photograph, chans, graphs, m.croftche, nncroffln. videotapes, sotmd recordings of ■ 

any kind, and motion pictures; 

c electronic, mechanical or electric records of any kin4 including, but not 

,„„,ted to, tapes, cassettes, d.ks, recordings, eleCromc marl, fihns, typewriter ribbons, word 
prooess>ng or other computer tapes or d.sKs. and all manner of electronte data processmg storage; 

and 

d information acqtiired orally. 

9. The terms "classtfied national securrty infomtation and/or documents," "class.fied 

infomianon" and "classified documents" refer to: 

a any classified document or infonnation that has been classified by any 

E.ecut,ve Branch agency m the mterests of national securtty or pursuant to Executtve Or.er. 
mclndmg Execut.ve Order 12958, as amended, or .t. predecessor Orders as "CONFITENTIAL," 
"SECRET," or "TOP SECRET," or additionally controlled as "SENSITIVE 



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COMPARTMENTED I>ffOlO^TIGN (SCI)" or any claimed .nfo™^^^^^ 

document; 

b any document or infonnation, regardtes of its physical fonn or 

e.a.acterist.cs,nowo.fonneriyu.thepossesstonofapovatepa„ythathas.eenderivedfro. 

Un^ted States goven™ent^n.a.on that was c,ass.fied,.ega.d,ess of whe.he.suchdocun.ent 

ti , h^Pn classified by the government pursuant to Executive Order,, 
or infoimation has subsequently been classitieaoy meg r . ,„ 

A J „,. ;t= nrprfpcesqor Orders as "CONFIDENTIAL, 
mcludmg Executive Order 12958, as amended, or its predecessor Order 

"SECRET," or "TOP SECRET," or additionally conwlled as "SENSITIVE 

COMPARTMENTED INFORMATION (SCI)"; 

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

or petitioners' counsel; or 

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

classified information. 

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

„ . TTie tenns "protected infonnation and/or documents," "protected infonnation" and 
"protected documents" refer to any document or infonnation deemed by the Court; either upon 
apphcation by counsel or sua spon,e, as worthy of special treatment as if the document or 
infonnation were classified, even if the document or infonnation has not been fonnally deemed 

10 be classified. 

,2. For puiposes of this Protective Order, "petitioners' counsel" shall be defmed to 
include an attomey who ,s employed orretamed by oronbehalfofapetitionerforpuiposes of 



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States, as weU as co-counsel, mtetpreters. translators, paralegals, tnvesfgators attd all other 
personnel or support staff employed or engaged to assist tn the Mgatton. 

1 3 "Access to classtfied .nformation" or "access to protected mformatton" shaU mean 
havmg .ccess to. rev™, readmg, leammg. or otherwise commg to know m any manner any 
classified information or protected information. 

14. "Secure area" shall mean a phys.cal facility accredited or approved for the storage. 

handling, and control of classified information. 

,5. "Unauthonzed disclosure of classified information" shall mean any knowing, 

, , „ui„ K, pvnf rted to result in a coinmunication or 

wiUM or negligent action that could reasonably be expected,, to resui 

physical transfer of classified information to an tmauthorized recipient. 
nptimation p f r-nnrt SRcnritv Officer 
1 6. The Court designates Christine E. Gumnng as Court Security Officer for these 
cases and Joan B. Kendrall. Michael P. Macisso, James P. Londergan. Maiy M. Cradhn, 
Daniel O. Hartenstme. John P. Molmard, Jennifer Campbell, and Barbara J. Russell as Alternate 
Court Security Officers, for the puq^ose of providmg security arrangements necessary to protect 
from unauthonzed disclosure of any classified documents or information, or protected documents 
or mfomiation. to be made available m connecfion with these cases. Petitioners' counsel shall 
seek guidance from the Court Security Officer with regard to appropriate storage, handhng. 
transmittal, and use of classified documents or information. 



Case 1:05-cv-01458-UNA-AK Document 24-2 PHed 07/21/2006 Page 7 of 40 



^^^^^^^^^^j^^r^^^eA Information andPScaffiaB 
n Wnhoatau,honzationfromfl.egov.nHnen,nopetiUOBerorpet,tioners-counsel 

3.aUhaveaccess«anyclassmedMonna.on— ed^thesecasesun^s^atpersonsha,. 

first have: i , . , ^ 

a tt^ade a v.-ritten submission to the Court Secunty Officer prectsely stattng 

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

b. rece.vedthenecessarysecurityclearancea.determmedbytheDepartnKnt 

of Justice Security Officer; and 

e. stgned the Metnorandum of Undet^tanding ("MOU"). attached hereto as 

Exhtbtt B. agreemg to cotnply with the tenns of this Protective Order. 

Tl>ewnttensubnt,sstons that are tnade by counsel to the Court Security Officer stattng the 

reasons why counsel has a need to icnow the classtfied infonnation requested shall be kept 
.nfidenttalbythe court SecuntyOfficer and shall no. be drsclosed to anyother counsel orparty 

a>ese cases unless the Court specificaUy orders such disclosure. 

8. Petitioners' counsel to be provided access to classified infonnation shall execute 
the MOU appended'to th.s Protective Order, and shall file executed onguials with theCourt and 
subnut cop,es to the Court Secunty Officer and counsel for the govetmnent. Tie execution and 
subnusston of U.e MOU . a condtuon precedent for petittoners' counsel to have access to. or 
continued access to, classified information for the purposes of this proceeding. 

19 me substitution, departure, or removal of petitionet.' counsel from these cases 
for anyreasonshaUnotrelease that person from theprovisions of this ProtectiveOrderor the 

MOU executed in connection with this Order. 



co: 
to 

1 



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' 20 The govenn^ent shall a^ange for one appropriately approved secure area for U. 
.. of pe.t.or.ers- counsel. The secure area Shall contain a workurg area that warn supplied 
™thsecureofficee,utpmentreaso„ahleandneccssa:ytothepreparat.onofthepettt.oners-case. 
Expenses for the secure area arrdrts equipment shall be borr.ebythegov.mB,ent. 

21 The Court Security Officer shall establish procedures to ensure that the secure 
areaisaccessrbleto.hepent,oners-cour,seldurnrgnormalbusinesshoursandato.hertin.son 
.easonablerequest as approved by the court security Officer. The CounSecurrtyOfficer shall 
estabUsh procedures to ensure that the secure area n,aybe maintained and operat.dmthen.ost 

efficient manner consrstent wrth the protecfon of classrfied mfonnation. The Court Security 
Officer or court Secur,ty Officer des^gneemayplacereasonkble and necessary restrictrons on the 

schedule of use of the secure area m order to accommodate appropriate access to all peuaoners . 
counsel in this and other proceedings. 

22 All classified mformation provided by the government to counsel for petitioners, 
and all class,fiedMonna«on otherw.se possessed ormamtainedbypetrtioners' counsel. Shall be 

stored maintained, and used only in the secure area. 

23. NO documents contammg classified information may be removed from the secure 
area unless authorized by the Court Secunty Officer or Court Secunty- Officer des.gnee 

supervising the area. 

24. Consistent with other provisions of this Protective Order, petkioners' 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 documems with respect to those materials. 

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



Case 1:05-cv-01458-UNA-AK Document 24-2' Filed 07/21/2006 Page9of'40' 



26 AUdocun.entspreparedbypet.tionersorpetitioBers-couns.lthatdoor.,ay 
conta.dass.fiedMo«a.o„(.c,ucUngwUhoutUnn.tion, notes «.e.o.n.en.o.^dap.^^^^ 
.ycounserndplead^gs or o*er documents .tended fcfiKng with the Cou«)shaU be 
t.anscnbe4recorded, typed, d.p..cated,copM or othe...sep.eparedon,ybype.on. who have 
.ece.ved an approp^ateapprovalfor access to classtfiedMorrnat^on. such a«s Shan t^e . 

puce . the secure area on approved word processing equipment and tn accordance with the 
proceduresapprovedbytheCourtSecunty Officer. AU such doctnnents and any associated 
.atenals contahung classified Mo— n (such as notes, .en^oranda, drafts, coptes, typewnter 
nhbons, magnetic recordtngs, exh.b.ts) shall be nraintah>ed . the secure .ea unless and untd the 
court Secur^ty Officer ad.ses that those documents or assocated matenals are unCa^sffied .n 
thetr entuety. None of these materials shall be drsclosed to Oounsel for the govermnent unless 
authonzed by the Cou„. by pettt,oners- counsel or as otherwise provided in .h,s Protective Order. 

27 Pet,t.oners' counsel shall dtscuss classified information only within the secure 
areaormanotherareaauthonzedbytheCourtSecurityOfficer.sha,lnotdiscussc,ass,fied, 

,„tonnat,on over any standard commeraal telephone mstrument or office intercommumcataon 
system, and shall noi transmit or d.scuss classified infonnat,on m electronic mail 

communications of any kind. 

28. The Court Secunty Officer or Court Security Officer desa^ee shall not reveal to 
any person Ure content of any conversations she ox he may hear by or among pentioners' counsel, 
nor reveal the namre of documents be.ng reviewed by them, or the work generated' by them, 
except as necessary to report volataonsofth-sProtecttve order to theCourt or to carry out thetr 

dut,es pursuant to th,s Order. In addWon. the presence of the Coun Secunty Officer or Court 
Securny Officer designee shall not operate as a watver of. l.mtt. or other..,se render mapphcable. 
the attorney-client pri^lege or work product protections. 



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' ,9 Peunoners' counsel shall not disclose the contents of any classffied documents or 
Monnanon to any person, .ncludntg counsel ,n related eases brought by Guantanamo Bay 
det.,nees ,n th,s or other court., except those authonzed pursuant to th.s Protectee Order, the 
court and counsel for the govemnrent wth the appropriate clearances and the need to ^ow that 
.nfotrlation. Except as other.,se specfically prov.ded by JudgeCoUeen Kollar-Kotelly .n her 
.ell-reasoned opuuon addressing counsel access procedures regardurg petitioners Mohammed 
^ed al Kandan, Fawz. HraUd Abdullah Fahad al Odah, and Khaltd Abdullah Mtshal al 
Mutatn ,n AlOMivJMedStates, 02-CV-0828 (CKX), counsel for petitioners in these cases 
.„ presumed to have a ■■need to Icnow" information both tn then own cases and in related cases 
pend^ng before th. Court, Therefore, and except as prov.ded Vtth respect to the toe pet.t,oners 
,„ AlOdah ment,oned above, counsel for all pethSoners ,n theSe cases who have sansfied all 
necessary prerequrs.tcs and follow all procedures set forth herem may share and dtscuss among 
themselves classified Monnat.on to the extent necessary for the effective representation of thetr 
chents. 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 mfoimafon not provided by 
petitioner-detamee to that pet.tioner-detamee. Should petitioners' counsel desire to disclose 
classified mfonnation not provided by petitioner^detainee .0 that petitioner-detamee, petitioners- 
counsel will piovide m w„tmg to the privilege review team (See Exhibit A) a request for release 
clearly stating the classified mfoimation they seek to release. The pnvilege review team will 
fonvard .he petitioner counsel's request to the appropnate government agency authorized to 
declassify the classified information for a detennination. The privilege review team will mfonn 
petitioners' counsel of the detennination once it is made. 



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3 1 NO petitioner or counsel for petitioner shaU disclose or cause to bg.drsclosed aay 
Morruat.onlatowrrorbeltevedtobeclassrfied>„co„nectiorrwithanyhearurgorproc.eamg« 

these cases except as otherwise provided herein. 

32 Except as otherwise stated in this paragraph and to ensure Ihe security of the 
united StatesofArr^erica^atno time, mcluduig any pericid subsequent to the conclusion ofthe 
proceedurgs. shall petitioners' counsel make any pubHc or pnvate statements disclosing any 

Classified information or documents accessed pursuant to this Protective Order, includmg the fact 
..at anysuch information or documents are classified, in the event that Classified informauon 

enters the public domam, however, counsel is not precluded from makuig pnvate or public 
statements about the information alreadymth. public domain, but orUytothe^xtent that the 

.nfonnationisinfactmthe public domain, counsel maynot make anypubUc or pnvate 
statements revealing personal Icnowledge iiom non-pubUc sources regarding the classified or 
protected status of the mfoimation or disclosing .ha, counsel had personal access to classified or 
protected mfonnation confirmmg. contradicting, or otherwise relating to the mformation ah.ady 
,„ the public domam. In an abundance of caution and to help ensure clanty on this matte, the 
Court emphasizes that counsel shaU not be the source of any classified or prot«.ted mfonnation 

entering the public domain. 

AS stated m more detail in paragraph 49 below, failure to comply with these rules may 
resultm the revocation of counsel's security clearance as well as civil and/or criminal Uability. 

33. The foregoing shall not prohibit petitioners' counsel from citing or repeating 
^formation m the public domam that petitioners' counsel does not know to be classified 
information or a classified document, or derived from classified mformation or a classified 

document. 

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



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, 3e.eaoncounseUo.^,ove™„e.),s.aU_a.aU.n.s..econ«o..f.eCoun 
Secun^Office.fo..ed.at,o.of.e.ecases: upon r.^—onoft..e case. .« 

.„ appeal, all s.ch documents sl>aU be destroyed by t.e Cou.,Secun:y Office. 
^^^^^^^^^^^j^v.^r^,.A Information andPocummts 
35 Wtbout authorizat,on iro. ..e govetB^eitt or tire Court, protected irrforrBatron 
s.alUotl,edrsclosedord,stnb«edtoarrypersorrorerr.ltyotl.ertlrarrthefollow.ng: 

a. petitroners' couirsel, provided such mdrvrduals have signed the 

B^hiWtr attestirl" to the fact that they have read this 
Acknowledgment, attached hereto as Exhibit C, attesting to 

Protective Order and agree to be bound by its terms; and 

b the Court and its support personnel, n 

36 Tire execution of the Adcnowledgnrent is a condrtion precedent for petitioners' 
counsel tohave access to,orcontmued access tcprotectedinformationforthepuiposes of oris 

proceeding A copy of each executed Acknowledgment shall be kept by counsel makmg the 
disclosure until thnty (30) days after the termmation of .his action, mcludmg appeals. 

3, The substitution, departure, or removal of petitioners- counsel from these cases 
,„.„yreason shall notrelease that person from the provisions of this Protective order or the 

Acknowledgment executed m comiection with this Protective Order. 

38 Petitioners' counsel shall not disclose the contents of any protected documents or 
mformation to any person, to include counsel m related cases brought by Guantanamo Bay 
demnees m this or other courts, except those authon^ed pursuant to this Protective Order, the 
Court or counsel for the govermnent. Except as otherwise specifically provided by Judge 
colleen KoUar-KoteUy witii respect to counsel for petitioners Mohammed .^hmed al Kandan, 
Fawzi Khahd Abdullah Fahad a, Odah, and Khalid Abdullah Mishal al Mutain m MOdah. 
y^jjjgaitates. 02-CV-0828,(CKK), counsel for petitioners m tiiese coordinated cases may share 
protected mfoimation with each otiier but only to the extent that counsel have appropnate 



11 



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secunty clearances and Aat all other procedures, set forth m thts Protectrve Order .a.e compUed 
w,th. PetU.oners' cotmsel shall tBamtain all protected ixrformatton and doctaments received . 

through this proceeding in a confidential manner. 

39. Petrtioners- counsel shall not disclose protected information not provided by 
petmoner-detantee to that petntoner-detamee without pnor concurrence of counsel for the 
oovemmem 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 heanng or proceedmg in 

these cases except as otherwise provided herein. 

41. At no time, including any penod 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 mfomiation 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 comaimng such mfomiation shall be made only to the extent necessary to facilitate 

the permitted use hereunder. 

43. Nothing m this Protective Order shall prevent the government from using for any 
puipose protected information it provides a party. Nothing m this Protective Order shall entitle 
another part>' to protected information. 

44. Supphang protected information to another party does not waive pnvilege with 
respect to any person or use outside that pemiitted by this Protective Order. 

45. Withm 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 infonnation is disclosed certifies 



12 



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.„.„..gthatande.g.ateddiu«e.«andn.ateoals.avebeend.s.oye4an.^ 

..a: counsel fo. .Be gove^^ent .ay retain one co^nplete set of any such n.ateria.s that were 
p.esentedntanyfonntotheCou«.Anysuch.eta.edtna,enalsshallbeplacedin^envelopeor 

envelopes t^ar.ed "Protected Infonnatron Subject to Protecttve Order." M any subsec,uent or 
coUatera, proceedtng. a party may see. drscovery of such naatenals fron. the government, wtthout 
p.ejud.ce to the govenunent's right to oppose such discovery or .ts abihty to dispose of the 
matenals pursuant to its general document retention policies. 

pr„^«<„re.^ for Filing Documents 

46 Until further order of this Court, any pleadings or other document filed by a 

peat.o„er shall be filed under sea. with the Court through th^ Court Security Officer unless the 

peuuoner has obtamed from the Court Security Officer permission, specific to a parttcular, non- 

substanuvepleadmg or document(e.g.,mot.ons for extensionsoftm., continuances, schedulmg 

matters, etc.) not contammg mformation that is or may be class.fied or protected, to file the 
pleadmg or document not under seal. Tie date and tuue of physical submisston to the Court 
Secunty Officer shall be considered the date and time of fiUng w,th the Court. Tie Court 
Secunty Officer shall promptly examine the pleadmg or document and forward it to the 
appropnate agences for therr determination whether the pleading or document contams classified 
,nfomtat,on. If it is determaned that the pleading or document contains classified information, 
the court Secunty Officer shall ensure that portion of the document, and only that portion, is 
marked w,th the appropnate classification marlcmg and that the docunrent remains under seal If 
n ,s determined that the pleadmg or document contains protected information, the Court Security 
Officer shall ensure that portion of the document, and only that portion, remams under seal. Any 
document filed by petitioner that is determmed not to contam class.fied mfonnation or protected 
.nformation. and is not subject to any other restrictions on disclosure, shall immediately be 
unsealed bv the Court Secunty Officer and placed in the public record. THe Court Secunty 



13 



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Officer shall nmnediately deUver under seal to the Cotrt and counsel for the 'goy^nnnent any 
pleading or document to be filed by petitioners that contains classified information or protect«l 
infoimation. The Court shall then direct the clerk to enter Oh the docket sheet the title of the 
pleadang or dpcun>ent, the date it was filed, and the fact that .t has been filed under seal with the 
Court Security Officer. 

47. Any pleading or other document filed by the government containing classified 
infonnation shall be filed under seal with the Court through the Qourt Secuiity Officer. The date 
and time of physical submission to the Court Security Officer shall be considered the date and 
time of fiUng 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 govenmient from submitting classified 
mformation or protected information to the Court in camera oxexparte in these proceedings, or 
entitle petitioners or petitioners' counsel access to such submissions or mfoimation. Extept for 
good cause shown in the filing, the government shall provide cotinsel for the petitioner or 
petitioners with notice served on such counsel on the date of the fihng. 

Penalties for Unauthorized Disclosure 

49. Any unautbonzed disclosure of classified information may constitute violations of 
United States criminal laws, hi 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 t^ Executive Order 1 2958, as 
amended. Any breach of this Protective Order may also result in the tennination of access to 
classified infoimation 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 infoiroation 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 
roterests of the United States. Persons snbject to this Protective Order are also advised that direct 
or indirect unauthorized disclosure, retention, or negligent handling of protm«l documents or 
information could risk the security of United States govermnent persomiel and faciUties, 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 reUeve any person or party 
provided classified information or protected information of Ms, her, or its obligations under this 
Protective Order. 



ITISSOORJDERED- 
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 24-2 Filed 07/21/2006 Page 18 of 40 



EXHIBIT A 



REVISED PROCEDURES FOR COUNSEL ACCESS TO DETAINEES 
AT THE V.S. NAVAL BASE IN OUANTANAMO 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 m 
Guantanamo Bay, Cuba ("GTMO") by counsel for purposes Of htigating the cases m 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 thatcom^el is covCTed by flie 
Procedures for Monitoring Communications Between Detamees Subject to Tnal by MiUt^ 
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 fiiture, 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. 



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EXHIBIT A 



III. Requirements for Access to and Communication with Detainees 



A. Sficuritv Clearance 

Counse 
level or 
personnel) 



1 Counsel must hold a valid current United States security clearance at the Secret 

■ fevdor hi^er:or its equivalent (as determined by appropnate DoD mtelbgence 



2. 



Counsel who possess a valid security clearance shall provide, in wntong the date 
ofTei blckjound mvestigation, 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 secunty 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 Com nliance 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 fiiUy 
with these procedures and must sign an afSrmation acknowledgmg hisAer 
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 diese 
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 fiilly abide by the requirements of this document. Counsel is 
reqmred to provide the DoD with signed aftlrmations 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 

I Prior 10 being permitted access to tbe detainee, counsel must provide DoD with a 

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



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EXHIBIT A 

the name of the detainee bemg represented by the cotmseL Additionally, counsel 
shall provide evidence of his or her authonty to represent the detainee. 

Counsel shall provide evidence of his or her authority to rq>resent the detainee as 
sorS practicable and in any event no later than teii (10) days after the 
concSn of a second visit ^th the detainee, "nie Co,« recogmzes Aat counsel 
mw not be in a position to present such evidence after the initial meeting wiUi a 
See. Counsd for detaiSees and counsel for respondent shall fooper«e to Ae 
St extent possible to reach a reasonable agreement on the number of counsel • 
SsS allowed Should counsel for a detainee believe that the government is 
^Ssonably limiting the number of visits with a detamee, counsel may pemion 
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 mform DoD 
immediately of that change m circumstances. 

Counsel must pro«de DoD with a signed repftsentation statmg that to the best of 
counsers knowledge after rtosonable inquiry, the source of fimds to pay counsel 
an^Tees or reimbursement of expanses are nof fonded directly or mdirectly by 
persons or entities the counsel believes are conuected to terrorism or iheproduct 
of tenorisi activities, including ''Specially Desigated Global Tmoiis^ 
identified tjursuant to Exec. Order No. 1 3,224, 66 Fed. Reg. 49,079 (Sept. 23, 
2^01) oS"? No. 12,947, 60 Fed. Reg. 5079 (Jan. 23. 1995), and (b) 
counsel has complied with ABA Model Rule 1.8(t). 



D. Tf^gjyics nf Counsel Visits 



Counsel shall submit to the Department of Justice (DoJ) any request to meet with 
a deuiinee This request shaU specify date(s) of availability for the meetmg, the 
desired duration of the meeting and the language that will be utihzed durmg 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- 
Legal visits shaU take place in a room desigaated by JTF-Guantanamo. No more 
than two attorneys (or one attorney and one assistant) plus one 
inteipreter/translator shall visit with a detainee at one tmie, unless approved m 
advance by the Commander, JTF-Guantanamo. Such approval shall not be 
unreasonably withheld. 

Due to the mission and location of the US Naval Base at Guantanamo Bay, Cuba, 
certain logistical details wiU need to be coordinated by counsel pnor to amval^ 
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 cotinsel must have a country and theater clearance 

for that specific visit. In 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 inteUigence perso(mel). Country 
' and theater clearances require twenty (2p) 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 ("hicoming 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 followmg 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 detainpe, 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 
ass'iiming no physical conu-aband is present, the privilege team shall forward the 
mail to mihlary 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 dehvered. 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 dehvered 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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^ , EXHIBITA 

5 Wntten correspondence to a detainee not falling within the definition of legal mail 
shall be sent through the United States Postal Service to the appropnae address 
provided by government counsel. Non-legal mail mcludes, to is not lumted to, 
letters from persons other than counsel, including family and fiiends ot the 
detainee. These non-privileged communications will be reviewed by mihtary 
personnel at GTMO under the standard operating procedures for detainee non- 
legal mail. 

6 Counsel is required to treat aU information learned from a detainee, including any 
oral and writttn communications with a detainee, as classified urformation 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. Accordmgly, if 
a counsel's correspondence contains any summary or recitation of or reference to 
a communication with a detainee that has not been previously determiiKd 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 Secunty Supplement to 
DOD Regulation 5200.1 R., 

7 Written and oral communications with a detainee, including all incoming legal 
mail shall not include information relating to any ongomg or completed mihtary, 
inteliigence, security, or law enforcement operations, investigations, or aixests, or 
the results of such activities, by any nation or agency or current poHtical events m 
any country that are not directly related to counsel's representation of that 
deuiinee- or security procedures at GTMO (including names of U.S. Government 
personnel and the layout of camp facilities) or the status of other deuimees, not 
directly related to counsel's representation. 

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

! Detainees will be provided with paper to prepare communications to counsel, hi 

the presence of military personnel, the detainee will seal the wntten 
commimication into an envelopeand 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/fiiends or other attorneys) 
shall be processed according to the standard operating procedures for detamee . 
non-legal mail. 

2 Military personnel will collect the outgoing legal mail within one,(l) busmess day 
of being notified by the detainee that the communication is prepared forsealmg 
and mailmg. 

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 "Attomev-Detainee Materials-For Mail Delivery To Counsel" and will 



Case 1:05-cv-01458-UNA-AK Document 24-2 Filed 07/21/2006 Page 23 of 40 



EXHIBIT A 

be annotated with the name of the detainee and the cotmsel. The envelope will be 
sealed and mailed in the manner required for classified matenals. Within rwo (2) 
business days of receipt from the detainee, the commumcation 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,, throng the Umted States Postal 
Service. These communications shall be reviewed by military personnel at 
Guantanamo under the standard operating procedures for detamee non-legal mail. 

5 ha the event any non-legal correspondence or messages from a detainee to 
individuals other than his counsel (including femily/friends or other attorneys) are 
sent to counsel as, or included with, legal mail, counsel shall retum the documents 
to mihtary 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 oneoing 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 poUtical events in any countiy 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 bv Executive Order 12958, DOD Regulation 5200. 1-R and AI 26, 
OSD Information Security Supplement to DOD Regulation 5200. IR. 

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 



Case 1:05-cv-01458-UNA-AK Document 24-2 ' Filed 07/21/2006 Page 24 of 40 



■ EXHIBIT A 

counsel and placed in an envelope labeled as "Attomey-Detainee Meeting 
Documenls-For Delivery to Counsel." The envelope shall be sealed into a larger 
envelope by military personnel at Guantanamp which shall be marked as 
"Attomey-Detainee Meetii^ 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 matenals. Withm two 
' (2) business days following the completipn of the counsel's visit to Guantanamo, 
the package shall be mailed to the appropriate address provided by government 
counsel. 

C Coirespondence or messages from a detainee to individuals other than his counsel 

(including family/friends or other attomeys) shallinot be handled through this 
process Ifadetaineeprovides these communications to his counsel dunng a , 
visit counsel shall give those communications to military personnel at 
Guantanamo so they can be processed under the standard operatmg 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 
memoriaUze the information submitted for classification review into a wntten 
memorandum outUning 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 Secunty Supplement to 
DOD Regulation 5200. IR. 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 iiidividual may make any use of those 
communications whatsoever, nor shall the submissions be disclosed to any 
Government personnel involved in any domestic or foreigo court, mihtary 
commission or combatant staws 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 "Attomey-Detainee Meeting 
Documents-For Classification Review By Privilege Team." Each envelope or 
mailer shall be annotated with the name of the detainee and the cotmsel. Each 
page of the document submitted for classification review shall be marked 
"Attomey-Detainee Materials" and "Classified." The envelope or mailer will be 
sealed and mailed in the manner required for classified materials. 



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EXHmrrA 

C As soon as possible after cond^ctmg the classification review, the privilege team 
shall advise counsel of the classification levels of the information contained m the 
materials submitted for review. The privilege team shall forward its classification 
determination directly to counsel after a review and analysis penod 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 EngUsh, to allow for translations by the pnvilege team; 

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

D While conducting classification review, the privilege team shall promptly report 
any information that reasonably could be expected to result m mimediate and 
substantial harm to the national security to the Commander, JTF-Guantanamo. In 
his discretion, the Commander, JTF-Guantantoio may dissemmate the relevant 
portions of the information*to law enforcement, military and mtelligence 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 
pri\'ilege team shall report the contents of those documents to Commander, JTF- 
Guantanamo. In his discretion, the Couomander, JTF-Guantanamo may 
disseminate the relevant portions of the information to law enforcement, military 
and intelhgence 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. 



Case 1:05-cv-01458-UNA-AK Document 24-2 ' Filed 07/21/2006 Page 26 of 40 



EXHIBIT A 



IX. Counsel's HandUng And DissemiBation Of taformadon From Detainee 

A Subiect to the tenns of any appKcable protective orda:, counsel may ^sseminate 

the Sassified contents of the detainee's commurncataons for purposes 
reasonably related to their representation of that detainee. 

R Counsel is reqiiired to treat all informatioo learned from a dewinee, including any 

SS Sn communications with a detainee as classified i^ormation unless 
aSSlTe information is submitted to the pnvilege team and determmed to be 
^tl^t^^M. classified ma^igimus^e^^^^^^^^ 

S7/^X^1d ^S^au1n1e^-"^P^-^^^^^^ ReguStion 52O0.1K 

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

feS from a detamee mvolving fiiture events that threaten national secunt>' or 
involve imminent violence, 
n Counsel may not divulge classified information not learned from the detainee to 
°- ieXihTee^ Counsel may not otherwise divulge classified mformation related to 
a detaSee's case to anyone except those with the reqmsite security clearance and 
n^d to Slow using a secure means of coimnumcauon. Counsel for detamees m 
Si^co^rtoated cafes pending in the United States Dismct Court for the Distnct 
of cSZSa are presiiied to have a "need'to know" mfoimation m related cases 
uentogbefore this Court. Counsel for respondents m those cases may chaUenge 
this presumption on a case-by-case basis for good cause shown. ^ 

X. JTF-Guantanamo Security Procedures 

A Couiisel and translators/interpreters shall comply with the following secuiity 

nro^dures and force protection safeguards apphcable 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 

seS upon arrival and departure. Examples of contraband mclude, but are not 
Umited to weapons, chemicals, drugs, and matenals that may be used m an escape 
attempt Contraband also includes money, stamps, cigarettes, wntmg mstruments, 
etc No items of any kind may be provided to the detamee 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 electromc communication devices are 
oermitted All recording devices, cameras, pagers, cellular phones, PDAs, 
laDiops portable electronic devices and related equipment me prohibited m or 
near JTF-Guantanamo. Should any of these devices be inadvertently taken into a 



Case 1:05-cv-01458-UNA-AK Documerit 24-2 ' Filed 07/21/2006 Page 27 of 40 



, . 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/inteipreters 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 denite4 counsel may seek an Order from this Court 
granting permission for good cause shpvra. 

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 metho^ of visual observation available is 
for the door to remain open with military police sitting outside the door.). No oral 
communications between counse;l and detainee will be heard. 

G At the conclusion of a meeting with a detainefc, 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 24-2 Filed 07/21/2006 Page 29 of 40 



EXHIBIT B 



TN THE UNITED STATES DISTRICT COURT 
FOR THE DISTRICT OF COLUMBIA 



, et al. 



Petitioners, 



:ivil Action No. 



GEORGE W. BUSH, 

President of the United 
States, et aX. , 

Respondents . 

MF.MORAND0M OF UNDERSTaNDING REG ARDING ACCESS TO 
"rJASSIFIED NATIONAL SECURITY I NFORMATIOM 

Having familiarized myself .«ith 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 D.S.C. § 641; 50 U.S.C. § 783; 28 C.F.R. § 17 et 
seq, ; 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 docum.ents : 

(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 24-2 Filed 07/21/2006 Page 30 of 40 



■ _ EXHIBITB 

documents and information unless specifically authorised in 
writing to do so by an authorized representative of the United 
States government, or af 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 1 agree to comply with the provisions 

thereof. 



Date 



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Exhibit G 



Case 1:05-cv-01458-UNA-AK Document 24-2 Filed 07/21/2006 Page 32 of 40 



EXHIBITC 

ACKNOWLEDGMENT 

The undersigned hereby acknowledge,?. , that he/she has read the 
Protective Order entered in the United States District Court for 

the District of Columbia in the case (japtioned 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-. 



(type or print name) 



SIGNED: 



Case 1:05-cv-01458-UNA-AK Document 24-2 Filed 07/21/2006 Page 33 of 40 



liArlirSil o 



Case 1:05-cv-01458-UNA-AK Document 24-2 ■ Filed 07/21/2006 Page 34 of 40 



UNITED STATES DISTRICT COURT 
FbR THE DISTRICT OF COLUMBIA 



/n re Guantanamo Detainee Cases 



Civil Action Nos. 

02-CV4)299 (CKK), 02-CV-0828 (CKK), 
02-CV-n30 (CKK), 04-CV-n3S (ESH), 
04-CV-1136 (JDB), 04-CV-:n37 (RMQ, 
04-CV-1142 (RJL), 04-CV-1144 (RWR), 
04-CV-1164 (RBW), 04-CV-1166 (RXL), 
04-CV-1194 (HHK), 04-CV-1227 (RBW), 
04-CV-12S4 (HHK), 04-CV-lSi9 (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 
conta.nednn the respondents' factual returns to the petition^or writs of habeas corpus that is not 
filed on the pubUc record. Counsel for certain petitioners fried responses stating that they could 
no. take a position on .he respondents' motion until they or a designated represenmtive had an 
opportunity to revew the material that die respondents seek to have declared "protected." 
In the .Uteres, of the efficient administration of these proceedings, it is hereby 
ORDERED that should counsel for respondents in diese 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 mfoimation to 
quahfied counsel for petitioners and attempt to reach an agreement regarding 4e designation of 
,be ,nforma.,on poor to ffl.ng a motion wi4 the Court. "Qualified counsel" for petitioners 
means those counsel who have satisfied the necessary prerequisites se. forth in .he Amended 



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Protective Order for the viewing of protected information. , 

It is FURTHER ORDERED that counsel for petitioners shall treat such disclosed 
infonnation as "protected" unless and until the Court rales 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 infonnation on their behalf and to 
uegotrate with cotmsel for respondents prior to tfae filing of any motions to deem infonnation 

"protected." 

With respect to the November 8, 2004 Motion to Designate as "Protected Information" 
Unclasstfied 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 infonnation they seek to be 
deemed "protected" to the Court Security Officer at the designated secured facihty on or before 
November 17, 2004j 

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

of the infonnation on or before November 1 9, 2004. 

IT IS SO ORDERED. ^ ^ 

November 10, 2004 joySThENS GREEN 

United States District Judge 



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EXHIBIT C 



Case 1:05-cv-01458-UNA-AK Document 24-2 Filed 07/21/2006 Page 37 of 40 



UNITED STATES DISTRICT COURT 
FOR THE DISTRICT OF COLUMBIA 



In re Guantananio Detainee Cases 



Civil Action Nos. 

02-CV-0299 (CKK), 02-CV-0828 (CKK), 
02-CV-n30 (CKK), 04-CV-1135 (ESH), 
04-CV-1136 (JDB), 04-CV-1137 (RMC), 
04-CV-1J44 (RWR), 04-CV-1164 (RBW), 
04-CV-1194 (HHK), 04-CV-1227 (RBW), 
04-CV-12S4 (HHK), 04-CV-1897 (RMC) 



ORDER SUPPLEMENTING AiD AMENDING, FttlNG PROCEDURES 
COOTALNED 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 m 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 
mfonnation. If the CSO, in consultation with tKe appropriate agency, concludes that a particular 
filmg does not contain any classified or protected information. 1 46 requires the unsealing of the 
document by the CSO and the filing of the documem in the public record. If the CSO, in 
consultahon with the appropnate 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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I, has recently come to the Coinf s attention that some confusion and certain difficulties 
have arisen with respect to the filmg of documents containing classffied or protected irtformatioh. 
Most of the difficulties have arisen as a result of the nature of the Court's CM/ECF electronic 
fiHng system. ?« clarify and, hopefully, to improve the filing system, it is hereby 

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

follows: 

All documents filed by a petitioner shall be filed mtder seal with the Court through the 
Court Security Officer for detennination by the appropriate agency as to whether the documents 
coBtam classified or protected mfonnation. At the time of m^ng a submission to the CSO, the 
attorney shall file on the public record m the CM/ECF system a '-Notice of Filing" notifying the 
Court that a submission has been made to the CSO and speci-fyiug in general terms the^ature of 
the filing without disclosing any potentially classified or protected mformation. It is the Court's 
understandrag that the CM/ECF system reqmres 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 
filmg without disclosing any potentially classified or protected information and disclosing the 
date and time the document was dehvered to the CSO for her review. 

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



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entry notifying the Court thatthe docpment had been s^btnitted to the CSO for review. The 
docket entry desciiptior. shall also state that the CSO has approved of the pubUc filing of the 
docutBent. The utiderlying docutnent filed in the CM/ECF system shall coBtain a iiotatioB in the 
uppernghthatad comer ofthe first page stating "PRBVIOUSLYFMDWrm CSO AND 

CLEARED FOR PUBLIC FD-ING." 

to die event that the CSO infonns counsel for a petitioner that a proposed filing does in 
fact contain some or all class.fied or protected infortnadon, counsel shall then promptly file in 
the CM/ECF system a version of the document suitable for pubhc viewing. Unless an entire 
document as deemed classified or protected, a "version of the document suitable for public 
v,ewmg" shall mean a document in which the portions of the document containing clarified or 
protected infomation are redacted. Such document shall contain a notification in the upper right 
hand cotner of the first page stating "REDACTED VERSION FOR PUBUC FILING CLEARED 
BY CSO." In the event an entire document is deemed classified or protected, a 'Version of the 
document suitable for pubhc viewmg" shall mean a one page "half sheet" containing the caption 
of the case, a version of the title of the documeiit that does not disclose classified or protected 
information, and a bnef statement that the CSO has informed counsel that the entire documenfis 
classified or protected. The docket ent^' description in the CM/ECF system for the document 
suitable for pubhc viewmg shall make specific reference to the earlier docket entiy notifying the 
Court that the document had been submitted to the CSO for review. 

Any pleadmg or other document filed by counsel for the respondents containing class.fK^d 
or protected mfonnation shall be filed under seal with the Court through the CSO. hi addition, 



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counsel for respondeBts shall file m the CM/ECF .ys.em a yersion of the document suteble for 
pubUc viewing as that phrase IS defined in the preceding paragraph. 

IT IS SO ORDERED. 

/s/ __^___^ 

December 13, 2004 JOYCE HENS GREEN 

United States District Judge