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

Case 1 :05-cv-01458-UNA-AK Document 37 Filed 02/13/2008 Page 1 of 28 



IN THE UNITED STATES DISTRICT COURT 
FOR THE DISTRICT OF COLUMBIA 



Hicks (Rasul) v. Bush 


) Case No. 02-CV-0299 (CKK) 


Al Odah v. United States 


) Case No. 02-CV-0828 (CKK) 


Habibv. Bush 


) Case No. 02-CV-1130 (CKK) 


Kumazv. Bush 


) Case No. 04-CV-1135 (ESH) 


Khadrv. Bush 


) Case No. 04-CV-1136 (JDB) 


Beggv. Bush 


) Case No. 04-CV-1137 (RMC) 


Khalid (Benchellali) v. Bush 


) CaseNo.04-CV-1142(RJL) 


El-Banna v. Bush 


) Case No. 04-CV-1144(RWR) 


Gherebiv. Bush 


) Case No. 04-CV-1164(RBW) 


Boumedienev. Bush 


) CaseNo.04-CV-1166(RJL) 


Anam v. Bush 


) Case No. 04-CV-1194(HHK) 


Almurbativ. Bush 


) Case No. 04-CV-1227 (RBW) 


Abdahv. Bush 


) Case No. 04-CV-1254 (HHK) 


Hamdanv. Bush 


) Case No. 04-CV- 1519 (JR) 


Belmarv. Bush 


) CaseNo.04-CV-1897(RMC) 


AlQosiv. Bush 


) Case No. 04-CV- 1937 (PLF) 


Parachav. Bush 


) Case No. 04-CV-2022 (PLF) 


Al-Marri v. Bush 


) Case No. 04-CV-2035 (GK) 


Zerniri v. Bush 


) Case No. 04-CV-2046 (CKK) 


Deghayesv. Bush 


) Case No. 04-CV-2215 (RMC) 


Mustaphav. Bush 


) Case No. 05-CV-0022 (JR) 



Case1:05-cv-01458-UNA-AK Document 37 Filed 02/13/2008 Page 2 of 28 



Al-Mohammed v. Bush 


Case No. 05-CV-0247 (HHK) 


El-Mashadv. Bush 


) Case No. 05-CV-0270 (JR) 


Al-Adahi v. Bush 


) CaseNo.05-CV-0280(GK) 


Al-Joudi v. Bush 


) CaseNo.05-CV-0301(GK) 


Al-Wazanv. Bush 


) Case No. 05-CV-0329 (PLF) 


Al-Anazi v. Bush 


) CaseNo.05-CV-0345(JDB) 


Alhami v. Bush 


) CaseNo.05-CV-0359(GK) 


Amezianev. Bush 


) CaseNo.05-CV-0392(ESH) 


Batarfi v. Bush 


) Case No. 05-CV-0409 (EGS) 


Slitiv. Bush 


) Case No. 05-CV-0429 (RJL) 


Kabirv. Bush 


) Case No. 05-CV-0431 (RJL) 


Qayedv. Bush 


) Case No. 05-CV-0454 (RMU) 


Al-Shihry v. Bush 


) Case No. 05-CV-0490 (PLF) 


Azizv. Bush 


) Case No. 05-CV-0492 (JR) 


Qassim v. Bush 


) Case No. 05-CV-0497 (JR) 


Al-Oshanv. Bush 


) Case No. 05-CV-0520 (RMU) 


Tumaniv. Bush 


) Case No. 05-CV-0526 (RMU) 


Al-Oshanv. Bush 


) Case No. 05-CV-0533 (RJL) 


Al Shamri v. Bush 


) Case No. 05-CV-0551 (RWR) 


Salahi v. Bush 


) Case No. 05-CV-0569 (JR) 


Mammarv. Bush 


) Case No. 05-CV-0573 (RJL) 


Al-Sharekhv. Bush 


) Case No. 05-CV-0583 (RJL) 


Magram v. Bush 


) Case No. 05-CV-0584(CKK) 



Case 1 :05-cv-01458-UNA-AK Document 37 Filed 02/13/2008 Page 3 of 28 



Al Rashaidan v. Bush 


Case No. 


05-CV-0586 (RWR) 


Mokitv. Bush 


Case No. 


05-CV-0621 (PLF) 


Al Daini v. Bush 


) Case No. 


05-CV-0634 (RWR) 


Enachidiv. Bush 


Case No. 


05-CV-0640(EGS) 


Zaeef v. Bush 


) CaseNo.05-CV-0660(RMC) 


Ahmed v. Bush 


) Case No. 


05-CV-0665 (RWR) 


Battayav v. Bush 


Case No. 


05-CV-0714 (RBW) 


Adem v. Bush 


) Case No. 


05-CV-0723 (RWR) 


Aboassy v. Bush 


) Case No. 


05-CV-0748 (RMC) 


Hamlily v. Bush 


Case No. 


05-CV-0763QDB) 


Imranv. Bush 


Case No. 


05-CV-0764 (CKK) 


AlHabashiv. Bush 


Case No. 


05-CV-0765 (EGS) 


Al Hamamy v. Bush 


) Case No. 


05-CV-0766 (RJL) 


Hamoodahv. Bush 


) Case No. 


05-CV-0795 (RJL) 


Khiali-Gul v. Bush 


Case No. 


05-CV-0877 (JR) 


Rahmattullahv. Bush 


) Case No. 05-CV-0878 (CKK) 


Mohammad v. Bush 


) CaseNo.05-CV-879(RBW) 


Rahman v. Bush 


) CaseNo.05-CV-0882(GK) 


Bostanv. Bush 


) CaseNo.05-CV-0883(RBW) 


Muhibullahv. Bush 


) Case No. 05-CV-884 (RMC) 


Mohammad v. Bush 


) CaseNo.05-CV-0885(GK) 


Wahabv. Bush 


) CaseNo.05-CV-0886(EGS) 


Chamanv. Bush 


) Case No. 05-CV-0887 (RWR) 



Case 1 :05-cv-01458-UNA-AK Document 37 Filed 02/13/2008 Page 4 of 28 



Gul v. Bush 


) Case No. 05-CV-0888 (CKK) 


Basardhv. Bush 


) Case No. 05-CV-0889 (ESH) 


Khanv. Bush 


) CaseNo.05-CV-0890(RMC) 


Nasrullahv. Bush 


) CaseNo.05-CV-0891(RBW) 


Shaabanv. Bush 


) CaseNo.05-CV-0892(CKK) 


Sohail v. Bush 


) Case No. 05-CV-0993 (RMU) 


Tohirjanovichv. Bush 


) Case No. 05-CV-0994QDB) 


Khudaidad v. Bush 


) CaseNo.05-CV-0997(PLF) 


AlKarimv. Bush 


) Case No. 05-CV-0998 (RMU) 


Al-Khalaqi v. Bush 


) CaseNo.05-CV-0999(RBW) 


Sarajuddinv. Bush 


) Case No. 05-CV- 1000 (PLF) 


Kahnv. Bush 


) CaseNo.05-CV-1001(ESH) 


Mohammed v. Bush 


) CaseNo.05-CV-1002(EGS) 


Mangutv. Bush 


) CaseNo.05-CV-1008aDB) 


Hamad v. Bush 


) Case No. 05-CV-1009 (JDB) 


Khanv. Bush 


) Case No. 05-CV-1010 (RJL) 


Zuhoorv. Bush 


) CaseNo.05-CV-1011QR) 


Salaam v. Bush 


) CaseNo.05-CV-1013(JDB) 


Al-Helav. Bush 


) Case No. 05-CV-1048 (RMU) 


Mousovi v. Bush 


) Case No. 05-CV-1124(RMC) 


Khalifhv. Bush 


) Case No. 05-CV-1189 (JR) 


Zalitav. Bush 


) Case No. 05-CV-1220 (RMU) 


Ahmed v. Bush 


) Case No. 05-CV-1234(EGS) 



Case1:05-cv-01458-UNA-AK Document 37 Filed 02/13/2008 Page 5 of 28 



Baqiv. Bush 


) CaseNo.05-CV-1235(PLF) 


Aminullahv. Bush 


Case No. 


05-CV-1237 (ESH) 


Ghalibv. Bush 


Case No. 


05-CV-1238(CKK) 


Al Khaiy v. Bush 


) Case No. 


05-CV-1239(RJL) 


Bukhari v. Bush 


Case No. 


05-CV-1241 (RMC) 


Pirzai v. Bush 


Case No. 


05-CV-1242 (RCL) 


Peerzaiv. Bush 


Case No. 


05-CV-1243 (RCL) 


Alsawamv. Bush 


Case No. 


05-CV-1244(CKK) 


Mohammadi v. Bush 


Case No. 


05-CV-1246 (RWR) 


Al Ginco v. Bush 


) Case No. 


05-CV-1310(RJL) 


Ullahv. Bush 


Case No. 


05-CV-1311 (RCL) 


AlBihani v. Bush 


Case No. 


05-CV-1312 (RJL) 


Mohammed v. Bush 


Case No. 


05-CV-1347(GK) 


Saibv. Bush 


) Case No. 


05-CV-1353(RMC) 


Hatim v. Bush 


Case No. 


05-CV-1429 (RMU) 


Al-Subaiy v. Bush 


Case No. 


05-CV-1453 (RMU) 


Dhiabv. Bush 


Case No. 


05-CV-1457(GK) 


Ahmed Doe v. Bush 


) Case No. 


05-CV-1458(ESH) 


Sadkhanv. Bush 


) Case No. 


05-CV-1487 (RMC) 


Faizullahv. Bush 


Case No. 


05-CV-1489 (RMU) 


Faraj v. Bush 


Case No. 


05-CV-1490(PLF) 


Khanv. Bush 


) Case No. 


05-CV-1491 (JR) 


Ahmad v. Bush 


) Case No. 


05-CV- 1492 (RCL) 



Case1:05-cv-01458-UNA-AK Document 37 Filed 02/13/2008 Page 6 of 28 



Amonv. Bush 


) Case No. 


05-CV-1493(RBW) 


Al Wirghi v. Bush 


Case No. 


05-CV-1497 (RCL) 


Nabil v. Bush 


Case No. 


05-CV-1504(RMC) 


Al Hawaiy v. Bush 


) Case No. 


05-CV-1505(RMC) 


Shafiiqv. Bush 


) Case No. 


05-CV-1506 (RMC) 


Kiyembav. Bush 


) Case No. 


05-CV-1509(RMU) 


Idrisv. Bush 


) Case No. 


05-CV-1555 (JR) 


Attashv. Bush 


Case No. 


05-CV-1592 (RCL) 


AlRazakv. Bush 


Case No. 


05-CV-1601 (GK) 


Mametv. Bush 


) Case No. 05-CV- 1602 (ESH) 


Rabbani v. Bush 


) Case No. 


05-CV-1607(RMU) 


Zahirv. Bush 


) CaseNo.05-CV-1623(RWR) 


Akhtiarv. Bush 


) Case No. 05-CV- 1635 (PLF) 


Ghanemv. Bush 


) CaseNo.05-CV-1638(CKK) 


Albkri v. Bush 


Case No. 


05-CV-1639 (RBW) 


AlBadahv. Bush 


) CaseNo.05-CV-1641(CKK) 


Almerfediv. Bush 


) Case No. 


05-CV-1645(PLF) 


Zaidv. Bush 


) Case No. 


05-CV- 1646 (JDB) 


Al-Bahoothv. Bush 


Case No. 


05-CV-1666(ESH) 


Al-Siba'iv. Bush 


Case No. 


05-CV-1667 (RBW) 


Al-Uwaidahv. Bush 


( Case No. 


05-CV-1668 (GK) 


Al-Jutaili v. Bush 


Case No. 


05-CV-1669 (TFH) 


Ali Ahmed v. Bush 


) Case No. 


05-CV-1678(GK) 



Case1:05-cv-01458-UNA-AK Document 37 Filed 02/13/2008 Page 7 of 28 



Khandanv. Bush 


Case No. 05-CV-1697 (RBW) 


Kabir(SadarDoe) v. Bush 


) Case No. 05-CV-1704QR) 


Al-Rubaishv. Bush 


) Case No. 05-CV-1714(RWR) 


Qasimv. Bush 


) Case No. 05-CV-1779 (JDB) 


Sameurv. Bush 


) CaseNo.05-CV-1806(CKK) 


Al-Harbi v. Bush 


) CaseNo.05-CV-1857(CKK) 


Azizv. Bush 


) Case No. 05-CV-1864(HHK) 


Mametv. Bush 


) CaseNo.05-CV-1886(EGS) 


Hamoudv. Bush 


) Case No. 05-CV-1894(RWR) 


Al-Qahtani v. Bush 


) Case No. 05-CV-1971 (RMC) 


Alkhemisi v. Bush 


) Case No. 05-CV-1983 (RMU) 


Al-Shabany v. Bush 


) Case No. 05-CV-2029 (JDB) 


Zakirjanv. Bush 


) Case No. 05-CV-2053 (HHK) 


Muhammedv. Bush 


) Case No. 05-CV-2087 (RMC) 


Othmanv. Bush 


) Case No. 05-CV-2088 (RWR) 


AliAlJayfiv. Bush 


) Case No. 05-CV-2104(RBW) 


Jamolivichv. Bush 


) CaseNo.05-CV-2112(RBW) 


Al-Mudafari v. Bush 


) Case No. 05-CV-2185 (JR) 


Al-Mithali v. Bush 


) Case No. 05-CV-2186 (ESH) 


Al-Asadiv. Bush 


) Case No. 05-CV-2197 (HHK) 


Alhagv. Bush 


) CaseNo.05-CV-2199(HHK) 


Nakheelanv. Bush 


) Case No. 05-CV-2201 (ESH) 


Al Subaiev. Bush 


) Case No. 05-CV-2216 (RCL) 



Case1:05-cv-01458-UNA-AK Document 37 Filed 02/13/2008 Page 8 of 28 



Ghazy v. Bush 


) Case No. 05-CV-2223 (RJL) 


Al Khatemi v. Bush 


) Case No. 05-CV-2248 (ESH) 


Al-Shimrani v. Bush 


) Case No. 05-CV-2249 (RMC) 


Aminv. Bush 


) Case No. 05-CV-2336 (PLF) 


Al Sharbi v. Bush 


) CaseNo.05-CV-2348(EGS) 


BenBachav. Bush 


) Case No. 05-CV-2349 (RMC) 


Zadranv. Bush 


) Case No. 05-CV-2367 (RWR) 


Alsaaei v. Bush 


) Case No. 05-CV-2369 (RWR) 


Razakahv. Bush 


) Case No. 05-CV-2370 (EGS) 


AlDarbiv. Bush 


) CaseNo.05-CV-2371(RCL) 


Haleem v. Bush 


) CaseNo.05-CV-2376(RBW) 


Al-Ghizzawiv. Bush 


) CaseNo.05-CV-2378(JDB) 


Awadv. Bush 


) Case No. 05-CV-2379 (JR) 


Al-Baidany v. Bush 


) CaseNo.05-CV-2380(CKK) 


Al Rammi v. Bush 


) Case No. 05-CV-2381 (JDB) 


Saidv. Bush 


) Case No. 05-CV-2384 (RWR) 


Al Halmandy v. Bush 


) Case No. 05-CV-2385 (RMU) 


Mohammonv. Bush 


) Case No. 05-CV-2386 (RBW) 


Al-Quhtani v. Bush 


) CaseNo.05-CV-2387(RMC) 


Thabidv. Bush 


) Case No. 05-CV-2398 (ESH) 


Rimi v. Bush 


) CaseNo.05-CV-2427(RJL) 


Al Salami v. Bush 


) Case No. 05-CV-2452 (PLF) 


Al Shareef v. Bush 


) Case No. 05-CV-2458 (RWR) 



Case1:05-cv-01458-UNA-AK Document 37 Filed 02/13/2008 Page 9 of 28 



Khanv. Bush 


) Case No. 05-CV-2466 (RCL) 


Hussein v. Bush 


) Case No. 05-CV-2467 (PLF) 


Al-Delebany v. Bush 


) Case No. 05-CV-2477 (RMU) 


Al-Harbi v. Bush 


) Case No. 05-CV-2479 (HHK) 


Feghoul v. Bush 


) Case No. 06-CV-0618 (RWR) 


Rumi v. Bush 


) CaseNo.06-CV-0619(RJL) 


BaOdahv. Bush 


) CaseNo.06-CV-1668(HHK) 


Wasim v. Bush 


) CaseNo.06-CV-1675(RBW) 


Nasser v. Bush 


) Case No. 06-CV- 1676 (RJL) 


Naseem v. Bush 


) Case No. 06-CV- 1677 (RCL) 


Khanv. Bush 


) CaseNo.06-CV-1678(RCL) 


Matin v. Bush 


) CaseNo.06-CV-1679(RMU) 


Rahmattullahv. Bush 


) CaseNo.06-CV-1681(JDB) 


Ismatullah v. Bush 


) CaseNo.06-CV-1682(RJL) 


Yaakoobiv. Bush 


) CaseNo.06-CV-1683(JR) 


Taherv. Bush 


) CaseNo.06-CV-1684(GK) 


Akhouzadav. Bush 


) CaseNo.06-CV-1685(JDB) 


Azeemullahv. Bush 


) CaseNo.06-CV-1686(CKK) 


Toukhv. Bush 


) CaseNo.06-CV-1687(ESH) 


Naseerv. Bush 


) CaseNo.06-CV-1689(RMU) 


Khanv. Bush 


) CaseNo.06-CV-1690(RBW) 


Al-Shibhv. Bush 


) CaseNo.06-CV-1725(EGS) 


Ezatullahv. Bush 


) CaseNo.06-CV-1752(RMC) 



Case1:05-cv-01458-UNA-AK Document 37 Filed 02/13/2008 Page 10 of 28 



Hakmatv. Bush 


CaseNo.06-CV-1753(EGS) 


Legseireinv. Bush 


) CaseNo.06-CV-1754(GK) 


AlGhithv. Bush 


) CaseNo.06-CV-1757(RJL) 


Sulimanv. Bush 


) CaseNo.06-CV-1758(RMC) 


Elisherv. Bush 


) CaseNo.06-CV-1759(JDB) 


Gulv. Bush 


) CaseNo.06-CV-1760(RMU) 


Abdessalam v. Bush 


) CaseNo.06-CV-1761(ESH) 


Lai v. Bush 


) CaseNo.06-CV-1763(CKK) 


Salehv. Bush 


) Case No. 06-CV- 1765 (HHK) 


Hentif v. Bush 


) CaseNo.06-CV-1766(HHK) 


Al-Zamouqi v. Bush 


) CaseNo.06-CV-1767(RMU) 


Al-Malikiv. Bush 


) Case No. 06-CV-1768 (RWR) 


Algahtaniv. Bush 


) CaseNo.06-CV-1769(RCL) 


Nasser v. Bush 


) CaseNo.07-CV-1710(RBW) 


AlShubativ. Bush 


) CaseNo.07-CV-2337(HHK) 


Yazidiv. Bush 


) Case No. 07-CV-2338 (HHK) 



RESPONDENTS' NOTICE OF REPORT REGARDING PRESERVATION 

Onjanuary 24, 2008, the Court in Abdullah v. Bush, C.A. No. 05cv23 (D.D.C.) (RWR), a 
habeas corpus proceeding such as this one, brought on behalf of a Guantanamo Bay detainee, 
entered an order requiring the filing of a report with regard to preservation issues. On February 
8, 2008, respondents filed a Report providing certain information, and a motion for 



Case 1 :05-cv-01458-UNA-AK Document 37 Filed 02/13/2008 Page 1 1 of 28 

reconsideration or, in the alternative, for a stay of part of the order. 1 For the Court s information, 
respondents are hereby providing a copy of that Report 2 



1 The motion for reconsideration or, in the alternative, for a stay was predicated on the 
concern of specially-appointed Acting United States Attorney John Durham that a criminal 
investigation that he is heading with regard to the destmc^on of certain tapes ly the Central 
Intelligence Agency would be jeopardized by a further report As Mr. Durham explained, his 
concerns would not be implicated by a report on the matters set forth in the Report filed by 
respondents and in the annexed declarations. 

2 By filing this notice, respondents do not mean to suggest that the Court has jurisdiction over 
all, or any, of these petitions, or that the matters discussed in the annexed declaration are 
necessarily material to all of these petitions. Indeed, although some of these petitions have been 
dismissed, respondents identified those cases in which to file this notice on an over-inclusive, 
rather than under-inclusive, basis. 

Certain material in one of the declarations filed along with the attached Report, 
specifically paragraph 9 of the declaration of Rear Admiral Mark Buzby, has been and is hereby 
designated as protected information and redacted from the attached declaration for public filing 
in accordance with the Protective Orders and supplemental orders permitting such designation 
that have been entered in various of the above-captioned cases. An unredacted version of the 
declaration will be provided to the Court and to counsel where appropriate in accordance with 
any Protective Orders and supplemental orders entered in the cases. 



Case1:05-cv-01458-UNA-AK Document 37 Filed 02/13/2008 Page 12 of 28 



Dated: February 12, 2008 Respectfully submitted, 

JEFFREY S. BUCHOLTZ 

A cting A ssistant A tto rney G eneral 

CARL J. NICHOLS 

Deputy Assistant Attorney General 

DOUGLAS N. LETTER 
Terrorism Litigation Counsel 

(sj TidryL. Subar 

JOSEPH H. HUNT (D.C. Bar No. 431134) 

VINCENT M. GARVEY (D.C. Bar No. 127191) 

JUDRY L. SUBAR (D.C. Bar No. 347518) 

TERRY M. HENRY 

ANDREW WARDEN 

JAMES C.LUH 

Attorneys 

United States Department of Justice 

Civil Division, Federal Programs Branch 

20 Massachusetts Ave., N.W. 

Washington, DC 20530 

Tel: (202)514-4107 

Attorneys for Respondents 



Case 1 :05-cv-01458-UNA-AK Document 37 Filed 02/13/2008 Page 13 of 28 



IN THE UNITED STATES DISTRICT COURT 
FOR THE DISTRICT OF COLUMBIA 



HANI SALEH RASHID ABDULLAH, 
etal, 

Petitioners, 



GEORGE W. BUSH, etal., 
Respondents. 



Civil Action No. 05-00023 (RWR) 



RESPONDENTS' REPORT FILED IN CONNECTION 
WITH ORDER OF JANUARY 1A, 2008 

Respondents respectfully submit this Report focusing on the recent steps they have taken 
to ensure the preservation of material relating to all detainees detained by the Joint Task Force - 
GuantanamoC'JTF- GTMO") atGuantanamo Bay, Cuba. 

In the wake of the recent revelation of the destruction of certain tapes by the Central 
Intelligence Agency ("CIA"), both the Department of Defense ("DOD") and the CIA have taken 
new and additional steps to ensure that material relating to all Guantanamo Bay detainees is 
being preserved. The Court is respectfully directed to the attached declarations of General 
Michael Hayden, Director of the Central Intelligence Agency ("CIA"), Rear Admiral Mark 
Buzby, Commander of JTF- GTMO, and Karen Hecker, a DOD attorney responsible for 
overseeing litigation in which DOD is involved. Those declarations describe such steps, as well 
as additional information regarding a preservation issue. 

In particular, General Hayden' s declaration describes the directive he issued on 
December 20, 2007, to all CIA personnel, which reguires them to preserve and maintain all 
documents, information, and evidence relating to any detainee ever held at Guantanamo Bay and 



Case 1 :05-cv-01458-UNA-AK Document 37 Filed 02/13/2008 Page 14 of 28 

any detainee held by the CIA, including any detainees who may be held in the future. As the 
directive makes clear, it "is a continuing obligation that applies to future as well as past and 
present detainees." Hayden Declaration, H4. 1 

Ms. Hecker' s declaration describes a directive that the DOD Office of General Counsel 
disseminated within the Department of Defense on December 19, 2007, and that obligates "all 
relevant DoD cornporients reasonably likely to have inf brmation regarding current or former 
Guantanamo Bay detainees" "to preserve and maintain all (toaiments and recorded information 
of any kind (for example, electronic records, written records, telephone records, correspondence, 
computer records, e-mail, storage devices, handwritten or typed notes) that is or comes within 
their possession or control." Id., 1111 2, 3. Under standard DOD practice, each component 
receiving the directive was to ensure that all relevant personnel were made aware of it. Id., 11 3. 
In addition to the formal communication of the directive of December 19, 2007, Ms. Hecker 
personally communicated to a large number of DOD contacts with whom she regularly works on 
Guantanamo Bay matters that the formal directive would be arriving through regular channels 
and that they should disseminate it as appropriate. Id., f 4. 

Real Admiral Buzby's declaration, in addition to describing his efforts to assure 
continued preservation of material in accordance with DOD's December 19, 2007, directive, 
describes aspects of security monitoring systems that were used at several of the detention camps 



1 Even though the CIA is not a named respondent inthis matter, and would not be a proper 
respondent in any event, see Rumsfeld v. Padilla, 542 U.S. 426, 436 n.9, 447 n.16 (2004) 
(discussing identity of proper respondent in habeas cases under rule limiting proper respondent 
to custodian and citing cases involving extraterritorial detention, where although rule is 
somewhat more relaxed proper respondent is head of military department holding detainee), the 
CIA's efforts to preserve material are described here because it was the CIA's actions on which 
the Court focused in issuing its January 24, 2008, order. 



Case1:05-cv-01458-UNA-AK Document 37 Filed 02/13/2008 Page 15 of 28 

operated by JTF - GTMO As described in Real Admiral Buzby' s declaration, those systems 
recorded information on a routine basis of largely mundane day-to-day activities. Some of that 
information was overwritten automatically by virtue of the routine operation of the equipment 
In light of the possibility that some of that information might have related to petitioners in this 
and other cases, respondents are providing the description in Real Admiral Buzby' s declaration 
of those systems andthe recent steps taken concerning them In particular, Real Admiral Buzby 
describes the steps taken to preserve all available information on the recording systems he 
discusses. 

Certain material in the Buzby declaration specifically paragraph 9, has been and is 
hereby designated as protected information and redacted from the attached declaration for public 
filing in accordance with the Protective Order permitting such designation that has been entered 
in this case. An unredacted version of the declaration will be provided to the Court and to 
counsel in accordance with the Protective Order. 

Conternporaneously with this Report, respondents are filing a motion for reconsideration 
or in the alternative, for a stay of this Courf s order of January 24, 2007, insofar as it requires a 
report on any other matters not set forth in this Report and its accomparrying declarations. That 
motion explains why any further report threatens to undermine and compromise the criminal 
investigation being conducted by specially-appointed Acting United States Attorney John 
Durham of the Department of Justice. 2 



2 Respondents intend to provide the inf ormation contained in this Report in the various other 
habeas cases brought in this Court on behalf of Guantanamo Bay detainees as soon as a filing in 
that large number of cases ran reasonably be effect (The protected infonnation in the Buzby 
declaration will not, of course, be provided in those cases in which orders governing the filing of 
protected infonnation are not in effect) 



Case1:05-cv-01458-UNA-AK Document 37 Filed 02/13/2008 Page 16 of 28 



Dated: February 8, 2008 Respectfully submitted, 

JEFFREY S. BUCHOLTZ 

A cting A ssistant A tto mey G eneral 

CARL J. NICHOLS 

Deputy Assistant Attorney General 

DOUGLAS N. LETTER 
Terrorism Litigation Counsel 

Isl Andrew I. Warden 



JOSEPH H. HUNT (D.C. Bar No. 431134) 

VINCENT M. GARVEY (D.C. Bar No. 127191) 

JUDRY L. SUBAR (D.C. Bar No. 347518) 

TERRY M. HENRY 

ANDREW WARDEN 

JAMES C.LUH 

Attorneys 

United States Department of Justice 

Civil Division, Federal Programs Branch 

20 Massachusetts Ave., N.W. 

Washington, DC 20530 

Tel: (202)514-4107 



Attorneys for Respondents 



Case 1 :05-cv-01458-UNA -AK- Document 37 Filed 02/13/2008 Page 17 of 28 
DEC20.2007 3: 27PM " NO; 2492 . P. 2 



UNITED STATES COURT OF APPEALS 
FOR THE DISTRICT OF COLUMBIA CIRCUIT 



MAOTD KHAN and RUBIA KHAN, 
as next friend, 

Petitioners, 

v. 

ROBERT M. GATES, 

Secretary of Defense, 

Respondent . 



No. 07-1324 



DECLARATION OF GENERAL MICHAEL V. HAYDEN, USAF/ 
DIRECTOR, CENTRAL INTELLIGENCE AGENCY 



Ii MICHAEL V. HAYDEN, hereby declare and state; 

1. I am the Director of the Central Intelligence Agency 

(CIA) and have served in this capacity since 30 May 2006. In my 
capacity as Director, I lead. the CIA and manage the Intelligence 
Community's human intelligence and open source collection 
programs on behalf of the Director of National Intelligence 

(DNI) . I have held a- number- of positions in the Intelligence 
Community, including Principal Deputy Director of National 
Intelligence, from April 2005 to May 2006; Director, National 
Security Agency/Chief , Central Security Service (NSA/CSS), Fort 
George G. Meade, Maryland, from March 1999 to April 2005; 
Commander of the Air Intelligence Agency and Director of the 
Joint Command and Control Warfare Center, both headquartered at 



Case 1:05-cv-01458-UNA-AK Document37 Filed 02/13/2008 ./ftaga 18 oi-2Q- 
■DEC. 20. 2007 3:27PM m mi F ' j 



Kelly Air Force Base, Texas, from January 1996 to September 
1997; and Director, Intelligence Directorate, U.S. European 
Command, Stuttgart, Germany, from May 1993 to October 1995. • 

2. 1 am a four-star general in the United States Air Force 
and have held senior staff positions at the Pentagon, the 
National Security Council, and the U.S. Embassy in Sofia, 
Bulgaria, as well as serving as Deputy Chief of Staff for United 
Nations Command and U.S. Forces Korea. I entered active duty in 
1969 as a distinguished graduate of the Reserve Officer Training 
Corps program. 

3 . I make the following statements based upon my personal 
knowledge and information provided to me in my official 
capacity. 

4. in light of recent events surrounding the destruction 
of recordings of the interrogations of detainees formerly in the 
custody of the CIA, I have issued an order to all CIA personnel 
to preserve and maintain all documents, information,, and 
evidence relating to; 

A. any detainee held at the United States Naval Base 
Guantanamo Bay, Cuba; and 

B. any detainee held by the CIA. 

This order is a continuing obligation that applies to future as 

well as past and present detainees. 

* *■ * * 



Case1:05-cv-01458-UNA-AK Document 37 Filed 02/13/2008 Page 19 of 28 

DEC, 20. 2007- 3:27PM NO. 2492 P. 4 



I hereby declare under penalty of perjury that the • 
foregoing is true and correct. 

Executed this 20th day of December, 2007. 



General Michael VrHayden, USAF 

Director 

Central Intelligence Agency 



Case1:05-cv-01458-UNA-AK Document 37 Filed 02/13/2008 Page 20 of 28 



IN THE UNITED STATES DISTRICT COURT 
FOR THE DISTRICT OF COLUMBIA 



HAN SALEH RASHID ABDULLAH, et al, 
Petitioners, 



v. 



GEORGE W. BUSH, et al, 
Respondents. 



Civil Action No. 05-00023 (RWR) 



Pursuant to 28 U.S.C. §1746, 1, Karen L. Hecker, declare as follows: 

1. I am an Associate Deputy General Counsel in the Office of General Counsel of the 
United States Department of Defense (DoD). In that capacity, I am responsible for, among other 
things, overseeing litigation involving the DoD. The statements in this declaration are based upon 
my personal knowledge and information obtained by me in the course of my official duties. This 
declaration is provided in order to describe DoD's current efforts to preserve information about 
Guantanamo Bay detainees. 

2. In light of the recently publicized destruction of certain video tapes once held by the 
Central Intelligence Agency, the DoD Office of General Counsel issued a formal directive on 
December 19, 2007, to various DoD components regarding their preservation obligations. The 
memorandum directed that these components preserve and maintain all information related to all 
detainees ever held by DoD at Guantanamo Bay. Specifically, the components were directed to 
preserve and maintain all documents and recorded information of any kind (for example, electronic 
records, written records, telephone records, correspondence, computer records, e-mail, storage 
devices, handwritten or typed notes) that is or comes within their possession or control. This 
memorandum remains in effect and must continue to be followed. 



Case1:05-cv-01458-UNA-AK Document 37 Filed 02/13/2008 Page 21 of 28 

3. The December 19, 2007 directive was sent to all relevant DoD components reasonably 
likely to have information regarding current or former Guantanamo Bay detainees. The list of 
components consisted of the offices of the Secretary of Defense, Deputy Secretary of Defense, 
Secretaries of the Military Departments, the Chairman of the Joint Chiefs of Staff, Undersecretaries 
of the Military Departments, Director - Operational Test and Evaluation, DoD Inspector General, 
Assistants to the Secretary of Defense, Director - Administration and Management, Director - 
Program Analysis and Evaluation, Director - Net Assessment, Director - Force Transformation, 
Directors of the Defense Agencies, and Directors of the DoD Field Activities. The directive was 
communicated through formal DoD communications channels and, pursuant to standard DoD 
practice, these components would be expected to distribute the directive to all relevant personnel 
within that component and any sub-components therein, 

4. In addition to formal distribution of the December 19, 2007 directive, I personally 
communicated the directive to a large number of contacts that I work with on Guantanamo Bay 
detainee issues. Those contacts included attorneys and other personnel at the DoD Office of 
Detainee Affairs, the Staff Judge Advocate Office at Guantanamo Bay and United States Southern 
Command (SOUTHCOM), Central Command (CENTCOM), Joint Staff, the Office of the 
Administrative Review of the Detention of Enemy Combatants (OARDEC), the Offices of the 
General Counsel for the Army, Navy, and Air Force, as well as the Judge Advocate Generals for the 
Army, Navy, and Air Force and other attorneys within DoD Office of General Counsel. I requested 
that the contacts communicate the directive to all appropriate people within their offices. 

I declare under penalty of perjury under the laws of the United States of America that the 
foregoing is true and correct. 

Dated % Mb O t AAMV *' ^MgA CV 

KAREN L. HECKER 

-2- 



Case1:05-cv-01458-UNA-AK Document 37 Filed 02/13/2008 Page 22 of 28 



.APPROVED FOR PUBLIC FILING 
PROTECTED INFORMATION REDACTED 



DECLARATION OF REAR ADMIRAL MARK H. BUZBY 
I, Mark H. Buzby, am a Rear Admiral in the United States Navy with 28 years of 
active duty service. I currently serve as the Commander of Joint Task Force - 
Guantanamo (JTF-GTMO), at Guantanamo Bay, Cuba (Guantanamo). I have held this 
position since May 22, 2007. As such, I am directly responsible for the successful, 
execution of the JTF-GTMO mission to conduct detention, and interrogation operations 
and exploit intelligence in support of the Global War on Terror, coordinate and 
implement detainee screening operations, and support law enforcement and war crimes 
investigations. In my capacity as Commander, I oversee all personnel assigned to, and all 
operations of, JTF-GTMO. The information provided herein is true and correct to the 
best of my knowledge, information, and belief. 

1 . On 1 9 December 2007, the Office of DoD General. Counsel reiterated DoD 
guidance to preserve all information relating to detainees. After receipt of that reiterated 
guidance, I directed that this command confirm. 100% compliance. As a result of actions 
undertaken in connection with my direction, I have learned the information contained 
herein with regard to digital recording systems that exist at the detention facilities 
operated by JTF-GTMO. 

2. The detainees at JTF-GTMO are housed in various detention camps. 
Activities taking place in Camps 4, 6, Echo, and Iguana have been recorded 24 hours per 
day, seven days per week (hereafter referred to as "foil-time") by means of digital video 
recording (DVR) systems that are part of the video monitoring systems that guards use to 
ensure good order and discipline within the camps. In January 2008. it was brought to 
my attention that such DVR systems may have been automatically overwriting video data. 



Case1:05-cv-01458-UNA-AK Document 37 Filed 02/13/2008 Page 23 of 28 



contained on recording devices, at predetermined intervals. That is, only a specified 
number of days' worth of recorded data could be retained on the recording devices at a 
time. The specified interval varies from system to system, as discussed below. Thus, a 
DVR device on any given day would retain only data from the specified interval. On 
each day, therefore, images from dates older than the applicable interval were 
automatically overwritten. After an initial review determined that old data was being 
overwritten automatically, on January 1 6, 2008, 1 ordered that all recording on such 
systems be suspended to ensure that no data currently stored thereon was lost. The 
interval at which recorded data was overwritten was determined by the technological 
storage capacity of each recording device and was not deliberately or purposely set by 
JTF-GTMO. JTF-GTMO has not yet identified technology currently available for use at 
JTF-GTMO that would allow for the preservation of ail data recorded on a full-time 
basis. 

3. In the camp known as Camp 4, a DVR system was utilized to record the day- 
to-day activities of detainees and staff within the camp. The system was part of the 
video-only monitoring system that was used by the guard staff to oversee activities in the 
camp for the purpose of ensuring good order and discipline within the camp. On or about 
May 1 8, 2006, the DVR system then in use was disabled to assist with the investigation 
of a disturbance in Camp 4. This particular DVR system was not then again placed into 
service in the camp. JTF-GTMO has possession of the original DVR system, consisting 
of four separate recording devices, which was installed in Camp 4. We suspect that the 
recording devices contain recorded data but we are unable technologically to confirm 
whether data remains on the recording devices. JTF-GTMO will continue to preserve the 



Case1:05-cv-01458-UNA-AK Document 37 Filed 02/13/2008 Page 24 of 28 



recording devices and any data thereon. Following the events of May 1 8, 2006, a more 
limited DVR system was installed in Camp 4 to monitor and record data pertaining to 
Yankee Block in Camp 4, the only block housing detainees following the disturbance of 
May 18, 2006. JTF-GTMO is in possession of the DVR system, consisting of one 
recording device, used for this purpose, but we are unable technologically to confirm, 
whether data remains on the recording device. JTF-GTMO will continue to preserve the 
recording device and any data thereon. 

4. On or about February 1 , 2007, JTF-GTMO installed a new DVR system in 
Camp 4. This system, like the previous system, recorded video images observed by 
video-only cameras that were displayed on video monitoring screens in a central control 
booth. Like the original systems, the images that were recorded with this system 
consisted of video images of each housing bay and common areas of the camp. The 
DVR system operated on a full-time basis. Much of the information recorded showed 
routine or mundane day-to-day activities, such as guards patrolling camp areas, as well as 
detainees eating, praying, or recreating. As with the original systems, the video 
monitoring was done for security purposes and guard staff monitored the screens upon 
which the video images were shown. Recorded data was not routinely examined. As 
noted above, the technical capacities of the DVR system's recording devices were such 
that at certain intervals there was automatic overwriting of previously recorded data. 
Camp 4 used four such recording devices. Now that those systems have been suspended 
per my January 1 6. 2008 order, the information preserved on the four devices consists of 
data from the periods December 29, 2007 through January 16, 2008; January 5, 2008 
through January 16 . 2008; December 29, 2007 through January 16, 2008; and December 



Case1:05-cv-01458-UNA-AK Document 37 Filed 02/13/2008 Page 25 of 28 



30, 2007 through January 16, 2008. As noted above; the system was disabled on January 
1 6, 2008, to preserve data that was stored thereon. 

5. In the camp known as Camp 6, a video-only DVR system (such, as that used in. 
Camp 4) was in use from on or about December 7, 2006, the date of the Camp's opening, 
until January' 16, 2008. The system was part of the video-only monitoring system that 
was used by the guard staff to oversee activities in the camp for the purpose of ensuring 
good order and' discipline within the camp. The Camp 6 DVR system covered common 
areas within the camp, but not cells. Camp 6 used four recording devices in its DVR. 
system that automatically overwrote data in the same way, and under the same conditions 
that data was overwritten in Camp 4. Now that those systems have been suspended per 
my January 16, 2008 order, the information preserved on the four devices consists of data 
from the periods December i, 2007 through January 16, 2008; December 3, 2008 through 
January 16, 2008; December 4, 2007 through January 16, 2008; and December 2 L 2007 
through January 16, 2008. As noted above, the system was disabled on January 16, 2008, 
to preserve data that was stored thereon. 

6. In the camp known as Camp Echo, a DVR system (such as was used in Camps 
4 and 6) was utilized to record the day-to-day activities of detainees in the cells within the 
camp. The system was part of the video-only monitoring system that was used by the 
guard staff to oversee activities in the camp for the purpose of ensuring good order and 
discipline within the camp. A DVR system that was installed on an unknown date prior 
to April 1,2, 2006, operated until on or about October 1, 2006. That system consisted of 
two DVR.s. JTF-GTMO is in possession of the DVR system used until October 1, 2006. 
JTF-GTM.0 is unable technologically to confirm whether data is stored on the devices 



Case1:05-cv-01458-UNA-AK Document 37 Filed 02/13/2008 Page 26 of 28 



that were part of that old system. The old system was replaced by a new DVR system 
similar to the systems used, in Camp 4 and Camp 6. The new DVR system monitored and 
recorded, foil-time, the inside of detainees' cells and the back gate, but not common 
areas. As noted above, this new DVR system was disabled on January 16, 2008, to 
preserve data that was stored thereon. The information preserved on the new DVR 
system consists of data from the periods December 20, 2007, through January 16, 2008; 
and November 24, 2007, through January 1 6, 2008. 

7. In the camp known as Camp Iguana, a DVR system (such as was used in 
Camps 4, 6, and Echo) was utilized to record the day-to-day activities of detainees within 
the camp. The system was part of the video-only monitoring system that was used by the 
guard staff to oversee activities in the camp for the purpose of ensuring good order and 
discipline within the camp. This system was replaced on or about October 1 2, 2007 by a 
new DVR system. JTF-GTMO is in possession of the old recording device that was 
replaced, but is unable technologically to confirm whether data is stored thereon. From 
October 12, 2007, until January 16, 2008, the new DVR system, operated in the camp on a 
full-time basis when detainees were present in the camp. JTF-GTMO has not housed 
detainees permanently in this camp since the detainees classified as being "No Longer 
Enemy Combatants" were transferred from Guantanamo in November 2006. Since these 
detainees were transferred, Camp Iguana has been used primarily to facilitate habeas 
counsel visits with their detainee clients. As permitted by the Protective Orders 
applicable in these cases, JTF-GTMO conducted video monitoring of such meetings to 
ensure the safety and security of counsel and detainees. Video images of such meetings, 
therefore, would have been automatically recorded in the same manner as other video 



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images observed by the system. This system also has a standard overwrite function at a 
specified, interval, but any recordings from December 26, 2007 through January 16, 2008 
the date it was disabled, have been preserved. Recorded data of counsel -detainee 
meetings was not examined. As noted above, the system was disabled on January 16, 
2008, to preserve data that was stored thereon. 

8. Following my order on January 16, 2008 suspending operation of the 
automatic DVR systems, and at the present time, JTF-GTMO has installed an "on- 
demand" recording capability in Camps 4, 6, Echo, and Iguana, that is separate from the 
recording devices that were used prior to January 16, 2008. During this period of 
suspension, the guard staff has been directed to video record, on an "on-demand" basis, 
all significant events in Camp 4, 6, Echo, and Iguana, including; forced cell extractions; 
medical emergencies; incidents of suspected/alleged guard misconduct: incidents of 
possible self harm or injuries to detainees; significant damage to government property; 
mass disturbances by detainees; and any other similar events. The on-demand recording 
now used contains data that continues to be preserved and the guard staff has been 
directed to preserve any such recordings. Although the on-demand recording system is 
connected to the video monitoring system in each camp, it is not connected to the DVR 
system recording devices that contain previously preserved data, and can in no way 
jeopardize the data that is currently preserved on those devices. 




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10. This declaration is not intended to provide a complete catalogue of all video 
and/or audio recordings made of detainees held at JTF-GTMO. although I am informed. 
and believe, that it is a complete discussion of those JTF-GTMO video and/or audio 
monitoring systems that included a standard recording feature as to which recorded data 
was automatically overwritten at specified intervals. 

I declare under penalty of perjury under the laws of the United States of America 
that the foregoing is true and correct. 



Date: 



f~* 




MARK H, BUZBY 

Rear Admiral. United States Navy 

Commander. Joint Task Force - 

Guantanamo