gov.uscourts.dcd.116163

Case 1:05-cv-01458-UNA-AK Document 48-2 Filed 07/21/2008 Page 1 of 49

PETITIONERS EXHIBITS

Case 1 :05-cv-01458-UNA-AK Document 48-2 Filed 07/21/2008 Page 2 of 49

EXHIBITA

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UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA

In re Guantanamo Detainee Cases

Civil Action Nos.

02-CV-0299 (CKK), 02-CV-0828 (CKK),
02-CV-1130 (CKK), 04-CV-1135 (ESH),
04-CV-1136 (JDB), 04-CV-1137 (RMC),
04-CV-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 information 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 in this Protective Order will apply to all aspects of these
cases, and may be modified by further 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 bound 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 handling 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 established in the procedures contained in Exhibit A to the
extent they place limitations on petitioners' counsel in their access to and interaction with
petitioners or handling of information. Any violation of the terms and conditions of those
procedures 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 are 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, unless 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

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

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

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

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

d. information acquired orally.

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

a. any classified document or information that has been classified by any

Executive Branch agency in the interests of national security or pursuant to Executive Order,
including Executive Order 12958, as amended, or its predecessor Orders as "CONFIDENTIAL,"
"SECRET," or "TOP SECRET," or additionally controlled as "SENSITIVE

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

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

c. verbal or non-documentary classified information known to the petitioner
or petitioners' counsel; or

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

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

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

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

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

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

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

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

Designation of Court Security Officer

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

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Access to Classified Information and Documents

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

a. made a written submission to the Court Security Officer precisely stating
the reasons why counsel has a need to know the classified information requested; and

b. received the necessary security clearance as determined by the Department
of Justice Security Officer; and

c. signed the Memorandum of Understanding ("MOU"), attached hereto as
Exhibit B, agreeing to comply with the terms of this Protective Order.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Access to Protected Information and Documents

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

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

b. the Court and its support personnel.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Penalties for Unauthorized Disclosure

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

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

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

IT IS SO ORDERED.

November 8, 2004 /s/

JOYCE HENS GREEN
United States District Judge

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Exhibit A

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EXHIBIT A

REVISED PROCEDURES FOR COUNSEL ACCESS TO DETAINEES
AT THE U.S. NAVAL BASE IN GUANTANAMO BAY, CUBA

I. Applicability

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

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

II. Definitions

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

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

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

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

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

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EXHIBIT A

III. Requirements for Access to and Communication with Detainees

A. Security Clearance :

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

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

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

B. Acknowledgment of and Compliance with Access Procedures

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

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

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

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

C. Verification of Representation

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

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

CsBasfea595«MeS82CJfBMAK □aoanreetie48-2 F i I gcJeai7017222l0D6O 8 Pa^agl392df flfl49

EXHIBIT A

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

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

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

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

D. Logistics of Counsel Visits

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

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

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

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EXHIBIT A

4. In order to travel to GTMO, all counsel must have a country and theater clearance

for that specific visit. 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 intelligence personnel). Country
and theater clearances require twenty (20) days to process. Accordingly, counsel
shall provide DoD, through DoJ, with the required information no later than 20
days prior to the GTMO visit date, or as soon as a visit is scheduled. Requests for
visits made inside of 20 days will not normally be granted.

IV. Procedures for Correspondence Between Counsel and Detainee

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

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

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

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

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

CsBasteaSQSiKMeSSaCJfBMAK n&oaameia24Z-2 F i I gcJeai7017222l0D6O 8 Pa^a$}12SfQf149

EXHIBIT A

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

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

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

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

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

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

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

CsBasteaSQSiKMeSSaCJfBMAK nacaoma©itie4S-2 F i I gcJeai7017222l0D6O 8 P^s^.M Qfl49

EXHIBIT A

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

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

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

V. Materials Brought Into A Meeting With Detainee And Counsel

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

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

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

A. Upon the completion of each meeting with a detainee or during any break in a
meeting session, counsel will give the notes or documents used or produced
during the meeting to a designated individual at Guantanamo. These materials
will be sealed in the presence of counsel and will be handled as classified material
as required by Executive Order 12958, DOD Regulation 5200. 1-R and AI 26,
OSD Information Security Supplement to DOD Regulation 5200. 1R.

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

CsBasfea595«MeS82CJfBMAK □aoanreetie48-2 F i I gcJeai7017222l0D6O 8 Pa^a$S25fQf149

EXHIBIT A

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

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

VII. Classification Determination of Detainee Communications

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

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

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EXHIBIT A

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

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

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

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

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

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

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

VIII. Telephonic Access to Detainee

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

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

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

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EXHIBIT A

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

A. Subject to the terms of any applicable protective order, counsel may disseminate
the unclassified contents of the detainee's communications for purposes
reasonably related to their representation of that detainee.

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

C. Counsel shall disclose to Do J or Commander, JTF-Guantanamo any information
learned from a detainee involving future events that threaten national security or
involve imminent violence.

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

X. JTF-Guantanamo Security Procedures

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

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

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

CsBasfea595«MeS82CJfBMAK □aoanreetie48-2 F i I gcJeai7017222l0D6O 8 Pa^8$828fQf149

EXHIBIT A

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

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

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

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

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

10

C£GasfeOI5aSrtfl48S82ClWffMW< CBoaoiree»e48-2 Fi I BHaia7erra2a0B6O 8 Pd§ag8'2S8fl49

Exhibit B

CsBasfea595«MeS82CJfBMAK □aoanreetie48-2 F i I gcJeai7017222l0D6O 8 Pa^a$83flfQf149

EXHIBIT B

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA

, et al .

Petitioners,

v .

Civil Action No.

GEORGE W. BUSH,

President of the United
States, et al . ,

Respondents .

MEMORANDUM OF UNDERSTANDING REGARDING ACCESS TO
CLASSIFIED NATIONAL SECURITY INFORMATION

Having familiarized myself with the applicable statutes,

regulations, and orders related to, but not limited to,

unauthorized disclosure of classified information, espionage and

related offenses; The Intelligence Identities Protection Act, 50

U.S.C. § 421; 18 U.S.C. § 641; 50 U.S.C. § 783; 28 C.F.R. § 17 et

seg. ; and Executive Order 12 958; I understand that I may be the

recipient of information and documents that belong to the United

States and concern the present and future security of the United

States, and that such documents and information together with the

methods and sources of collecting it are classified by the United

States government. In consideration for the disclosure of

classified information and documents:

(1) I agree that I shall never divulge, publish, or reveal

either by word, conduct or any other means, such classified

CsBasfea595«MeS82CJfraMAK □aoanreetie48-2 Fil6deai701?222l006O8 Pafgs^93clf flfl49

EXHIBIT B

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

District of Columbia in the case captioned v. George

W. Bush, No. .

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

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

District of Columbia in the case captioned v. George

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

thereof .

Date

Date

CsBasfea595«MeS82CJWRMM< □aoanreetie48-2 F i I gcJeai7017222l0D6O 8 Pa^a$032fQf149

Exhibit C

CsBasfea595«MeS82CJfBMAK □aoanreetie48-2 F i I gcJeai7017222l0D6O 8 Pa^a$i13SfQf149

EXHIBIT C

ACKNOWLEDGMENT

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

the District of Columbia in the case captioned v.

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

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

DATED: BY:

[type or print name]

SIGNED:

Cas©als©3-tf)i5a!W682H6M&WlKI Document 4842 ffiiielcD(J7f 2/120068 Ragged 3tf flf 49

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA

In re Guantanamo Detainee Cases

Civil Action Nos.

02-CV-0299 (CKK), 02-CV-0828 (CKK),
02-CV-1130 (CKK), 04-CV-1135 (ESH),
04-CV-1136 (JDB), 04-CV-1137 (RMC),
04-CV-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)

ORDER ADDRESSING DESIGNATION PROCEDURES
FOR "PROTECTED INFORMATION"

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Cas©als©3-tf)i5{fcU4682H6M&WlKI Document 4842 ffiiielcD(J7f27l20O68 Plaajee235f flf 49

Protective Order for the viewing of protected information.

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

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

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

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

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

It is FURTHER ORDERED that petitioners' counsel shall review at the secured facility
the information at issue and shall notify the Court of their position with respect to the designation
of the information on or before November 19, 2004.

IT IS SO ORDERED.

November 10, 2004 /s/

JOYCE HENS GREEN
United States District Judge

Cas©als©3-tf)i5a!W682H6M&WlKI Document 4832 ffiiielcD(J7f 2/120068 Plaajee13Sf4f 49

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA

In re Guantanamo Detainee Cases

Civil Action Nos.

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

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

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

Cas©als©3-tf)i5a!W682H6M&WlKI Document 4832 ffiiielcD(J7f27l20O68 Pflap^33T 4f 49

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

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

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

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

Cas©als©3-tf)i5{fcU4682H6MWlKI Document 4832 ffiadcD(J7f27l20O68 Plaa|ee338f 4f 49

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

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

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

Cas©als©3-tf)i5a!U4682H0M&WlKI Document 4832 ffiadcD(J7f27l20O68 Plaa|esl39f 4f 49

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

rr IS SO ORDERED.

December 13, 2004 /s/

JOYCE HENS GREEN
United States District Judge

Case 1 :05-cv-01458-UNA-AK Document 48-2 Filed 07/21/2008 Page 40 of 49

EXHIBITB

Case1:05-cv-01458-UNA-AK Document 48-2 Filed 07/21/2008 Page 41 of 49

Petitioners' Exhibit B - Pending Motions by Petitioners

(where motions are amenable to common resolution by the Coordinating Judge, this is indicated in the "notes" column)

Case Name

Case No.

Judge

Petitioner Name

ISN

Pending Motions

Notes

Al Odah v.
United States

02-cv-
0828

Kollar-
Kotelly

(1) Petitioners' Motion
for Sanctions

Docket # 293, July 21 , 2006. Motion is fully briefed
and ripe for decision. Appropriate for common
resolution by Judge Hogan.

Al Odah v.
United States

02-cv-
0828

Kollar-
Kotelly

(2) Petitioners'
Emergency Motion for
Injunction

Docket # 335, July 2, 2008. Motion is fully briefed
and ripe for expedited decision at earliest possible
time.

Al Odah v.
United States

02-cv-
0828

Kollar-
Kotelly

(3) Petitioners' Motion
to Substitute Parties

Docket # 346, July 1 0, 2008. Motion will be ripe for
decision after government's time to oppose expires on
July 24, 2008. Potentially appropriate for common
resolution by Judge Hogan.

Anam v. Bush

04-cv-
1194

Kennedy

(1) Motion for
Discovery

Docket # 90, January 1 0, 2005. Fully briefed (see
docket # 91 , 93). Potentially appropriate for common
resolution by Judge Hogan.

Anam v. Bush

04-cv-
1194

Kennedy

(2) Motion to Compel
Respondents to
Report on the
Destruction of
Relevant Evidence
and for Amended
Preservation Order

Docket # 1 92. Motion to Compel Respondents to
Report on the Destruction of Relevant Evidence and
for Amended Preservation Order, filed on February
15, 2008 with the CSO. Fully briefed, but none of
Petitioners' filings with respect to this motion have
been cleared and so are unavailable on the docket.
It is appropriate for the court to address this motion
now.

While the motion addresses factual circumstances
specific to movants, it is amenable for common
resolution by Judge Hogan insofar as it seeks a report
and preservation order that would be appropriate in all
habeas cases.

Case 1 :05-cv-01458-UNA-AK Document 48-2 Filed 07/21/2008 Page 42 of 49

Paracha v.
Bush

04-cv-
2022

Friedman

Saifullah Paracha

1094

(1) Motion
for discovery

Docket # 1 61 , July 5, 2008. The motion for discovery
is docket # 4 in the consolidated case, #161 in
petitioner's individual case.

Paracha v.
Bush

04-cv-
2022

Friedman

Saifullah Paracha

1094

(2) Motion for
summary judgment

Docket # 28; Docket #90. The motion for summary
judgment was docket # 28. The government opposed
February 1 8, 2005, docket # 39, 40, and 41 . The
case was stayed March 23, 2005. Petitioner moved
to set aside the stay and grant the summary judgment
on July 7, 2006, docket # 90, and the government
opposed July 25, 2006, docket # 96.

Al-Marri v.
Bush

04-cv-
2035

Kessler

Jarallah al-Marri

334

(1) Motion for leave to
take discovery and for
a preservation order

Docket # 12, January 6, 2005.

Al-Marri v.
Bush

04-cv-
2035

Kessler

Jarallah al-Marri

334

(2) Motion to compel
Respondents to report
on their compliance
with the Court's
Preservation Order of
March 7, 2005 and
their obligation to
preserve potentially
relevant evidence

Docket # 76, January 9, 2008.

Zemiri v. Bush

04-cv-
2046

Kollar-
Kotelly

Ahcene Zemiri

533

Motion to lift stay

Docket # 65, June 1 9, 2008. Appropriate for common
resolution by Judge Hogan.

Deghayes et
al., v. Bush

04-cv-
2215

Collyer

Shaker

Abdurraheem

Aamer

239

Motion for preliminary
injunction challenging
continuing solitary
confinement under
brutal conditions.

Docket # 58, September 26, 2006. (The Court did not
rule on the motion after Respondents moved to
dismiss on jurisdictional grounds.)

Abdullah v.
Bush

05-cv-
0023

Roberts

(1) Motion for Access
to Declaration of
Wendy M. Hilton

Docket # 93, March 27, 2008. This motion is fully
briefed, and can be decided immediately.

Case 1 :05-cv-01458-UNA-AK Document 48-2 Filed 07/21/2008 Page 43 of 49

Abdullah v.
Bush

05-cv-
0023

Roberts

(2) Motion for Status
Conference

Docket # 1 00, June 30, 2008. This motion should be
decided immediately. Petitioner proposes to discuss
and schedule necessary case-specific discovery.

Ameziane v.
Bush

05-cv-
0392

Huvelle

Djamel Ameziane

310

Motion to Lift Stay and
to Set Status
Conference

Docket # 45, June 1 7, 2008. Ripe for immediate
decision. Appropriate for common resolution by Judge
Hogan.

Al Oshan v.
Bush

05-CV-520

Urbina

Motion to Lift Stay and
Schedule a Status
Conference

Docket #117, June 1 8, 2008. Ripe for immediate
decision. Appropriate for common resolution by Judge
Hogan.

Mohamedou
Ould Salahi v.
Bush

05-cv-
0569

Robertson

Mohammedou
Ould Salahi

760

(Petitioner's)
Emergency Motion to
Reinstate Habeas
Action and Request
for Status Conference

Docket # 90, June 23, 2008. This motion should be
granted in light of DOJ's non-opposition at this time.
Appropriate for common resolution by Judge Hogan.

Hamlily v.
Bush

05-cv-
0763

Bates

Adel Hamlily

1452

(1) Petitioner's Motion
to Order Respondents
to Provide a Factual
Return

Docket # 34, December 1 5, 2006.

Hamlily v.
Bush

05-cv-
0763

Bates

Adel Hamlily

1452

(2) Petitioner's Motion
to Lift Stay and Set a
Status Conference

Docket # 56, July 8, 2008. Appropriate for common
resolution by Judge Hogan.

Basardh v.
Bush

05-cv-
0889

Huvelle

Yasin

Muhammed

Basardh

252

Petitioner's Motion for
Stay-and-Abey Order

Docket # 35, April 25, 2007. Motion should be
dismissed in light of Boumediene. Appropriate for
common resolution by Judge Hogan.

Al-Khalaqi v.
Bush

05-cv-
0999

Walton

Asim Ben Thabit
Al-Khalaqi

152

Motion seeking
immediate issuance of
the habeas writ or
alternatively for an
order to show cause
why the writ should
not issue

Docket # 1 6, December 29, 2005. In his status report,
Petitioner sought 30 day notice and has renewed this
motion seeking immediate issuance of the habeas
writ or alternatively for an order to show cause why
the writ should not issue. That motion is now pending.

Zalita v. Bush

05-cv-
1220

Urbina

Abu Abdul Rauf
Zalita

Motion for Inquiry
Concerning
Destruction of
Evidence Related to
CIA Detainee
Interrogations
evidence

Docket # 82, January 15, 2008. Fully briefed and
pending. Ripe for immediate decision.

Case 1 :05-cv-01458-UNA-AK Document 48-2 Filed 07/21/2008 Page 44 of 49

Sadkhan v.
Bush

05-cv-
1487

Collyer

Jawad Jabbar
Sadkhan Al-
Sahlani

433

Emergency Motion to
Vacate the Stay, Set
Dates for Scheduling
Conference and
Evidentiary Hearing,
and for Other Relief

Docket #64, June 16, 2008. Fully briefed.

Lifting of stay appropriate for common resolution by
Judge Hogan.

Faraj v. Bush

05-cv-
1490

Friedman

Abdl Hadi Omar
Mahmoud Faraj

329

Motion to lift the stay
and schedule a status
conference

Docket #75, June 1 7, 2008. The motion was filed on
June 1 6, 2008, and is ready for decision. Stay should
be lifted. Appropriate for common resolution by Judge
Hogan.

Shafiiq v.
Bush

05-cv-
1506

Collyer

Shafiiq (Aka

Sufyian

Barhoumi)

Motion for
Reconsideration,
Setting Status
Conference, Requiring
Answer, Converting to
Direct Petition, and
Entering Protective
Order

Docket #64, June 25, 2008. Was dismissed on
jurisdictional grounds; remanded by D.C. Circuit.

Government does not oppose reinstatement.
Appropriate for common resolution by Judge Hogan.

Idris v. Bush

05-cv-
1555

Robertson

Ibrahim Osman
Ibrahim Idris

36

Motion to Vacate
Dismissal and Motion
to Set a Scheduling
Conference

Docket # 75, July 2, 2008. Government has
consented to reinstatement. Appropriate for common
resolution by Judge Hogan.

Ali Ahmed v.
Bush

05-cv-
1678

Kessler

Alia Ali Bin Ali
Ahmed

692

Motion to Stay and
Hold Habeas Action
pending Supreme
Court deliberations

Docket # 51 , June 7, 2007. Motion should be
dismissed in light of Boumediene. Appropriate for
common resolution by Judge Hogan.

Al-Qahtani v.
Bush

05-cv-
1971

Collyer

Mohammed Al-
Qahtani

63

Consent Motion to
Reopen

Docket # 47, June 1 6, 2008. Al-Qahtani is also
requesting that his case be transferred back to Judge
Collyer for resolution of factual issues concerning his
interrogations. Appropriate for common resolution by
Judge Hogan.

Alkhemisi v.
Bush

05-cv-
1983

Urbina

Ismail
Alkhemisi/Bakush

708

Motion to lift stay

Docket # 52, June 30, 2008. Appropriate for common
resolution by Judge Hogan.

Ali al Jayfi v.
Bush

05-cv-
2104

Walton

Shamrany

171

Motion to Lift Stay, for
Production of Factual
Returns, and to Set
Status Conference

Docket # 48, June 30, 2008. Appropriate for common
resolution by Judge Hogan.

Case 1 :05-cv-01458-UNA-AK Document 48-2 Filed 07/21/2008 Page 45 of 49

Ali al Jayfi v.
Bush

05-cv-
2104

Walton

Bahlool

39

Motion to Lift Stay, for
Production of Factual
Returns, and to Set
Status Conference

Docket # 48, June 30, 2008. Appropriate for common
resolution by Judge Hogan.

Ali al Jayfi v.
Bush

05-cv-
2104

Walton

Hussain

690

Motion to Lift Stay, for
Production of Factual
Returns, and to Set
Status Conference

Docket # 48, June 30, 2008. Appropriate for common
resolution by Judge Hogan.

Jamolivich v.
Bush

05-cv-
2112

Walton

Jabbarov Oybek
Jamolivich

452

Motion to Dismiss
Habeas Petition as
Duplicative

Docket # 29, May 16, 2008. Amendable to immediate
resolution by Judge Hogan.

al-Mudafari v.
Bush

05-cv-
2185

Robertson

Abdu Al Qader
Hussain Al-
Mudafari

40

Motion to Vacate
Dismissal and Motion
to Set a Scheduling
Conference

Docket # 64, July 2, 2008. Government has
consented to reinstatement. Appropriate for common
resolution by Judge Hogan.

Al-Shimrani v.
Bush

05-cv-
2249

Collyer

Mohammed
Abdul Rahman
Al-Shimrani

195

Motion to Modify the
Memorandum Order
Allowing a Filter Team
Time to address
Motion

Docket # 34, September 26, 2006. Petitioner
requests granting motion as soon as possible. Motion
is not amenable to resolution by Judge Hogan, and
should be referred to Judge Robertson, who issued
the order in question.

Zadran v.
Bush

05-cv-
2367

Roberts

Abdullah Wazir
Zadran

967

Motion to Reopen

Docket # 87, June 1 7, 2008. Post- Boumediene
Motion to reopen is fully briefed and pending. (Case
was administratively closed pending Boumediene.)
Appropriate for common resolution by Judge Hogan.

Awad v. Bush

05-cv-
2379

Robertson

Adham

Mohammed Ali
Awad

88

Motion to Lift the Stay
and to Compel
Respondents to
Provide Factual
Returns and to
Provide Counsel
Access to Petitioner's
Medical Records

Docket # 32, September 22, 2006. Motion has been
fully briefed by both parties and is ready for a ruling.
Counsel would have no objections to Judge Hogan
ruling on this Motion.

Said v. Bush

05-cv-
2384

Roberts

Saad Al Qahtani

200

Motion to Preserve
Remaining

Exculpatory Evidence
[relating to destroyed
CIA videotapes]

Docket # 79, June 1 , 2008. Fully briefed since 2/1 9/08
(Docket # 80, 81 , 85, 86). This motion is ready for
immediate decision by this Court.

Case 1 :05-cv-01458-UNA-AK Document 48-2 Filed 07/21/2008 Page 46 of 49

Said v. Bush

05-cv-
2384

Roberts

Saad Al Qahtani

200

Emergency motion to
lift stay and schedule
a status conference

Docket # 94, June 1 7, 2008. Appropriate for common
resolution by Judge Hogan.

Mohammon v.
Bush

05-cv-
2386

Urbina

Abdul-Rahman
Sulaeiman

223

(1) June 16,2008,
Emergency Motion for
a habeas corpus
hearing

Docket # 449, June 1 8, 2008. Motion filed June 1 6,
2008. Fully briefed and pending before the Court.

Mohammon v.
Bush

05-cv-
2386

Urbina

Abdul-Rahman
Sulaeiman

223

(2) Emergency Motion
for Order to Show
Cause requesting that
the Court order
Respondents to
provide in writing
within seven days or
within a reasonable
time all of their
reasons for continuing
to hold Petitioner at
the Guantanamo Bay
Naval Station,
including and in
particular, classified
information from
Petitioner's CSRT and
ARB to be deposited
at the secure facility

Docket # 466, June 24, 2008. Fully briefed and
pending before the Court.

Mohammon v.
Bush

05-cv-
2386

Urbina

Abdal Razak Ali

685

(3) Petitioner's Motion
for Factual Return

Motion was filed on December 4, 2006 and is fully
briefed (see docket entries 226, 235, 237, 238, 242,
280,281,286,308).

Case 1 :05-cv-01458-UNA-AK Document 48-2 Filed 07/21/2008 Page 47 of 49

Mohammon v.
Bush

05-cv-
2386

Urbina

Abdal Razak Ali

685

(4) Bill of Costs
related to District
Court's Order of
September 20, 2006
(docket #169)
ordering the
government to pay the
reasonable costs,
Document 509 (filed
07/18/2008) related to
the Government's
purposeful
interference with
counsel's visit with Ali
(Show Cause hearing
on August 24, 2006,
status hearing on
Septembers 2006)

Pursuant to Judge Walton's order, a Bill of Costs was
filed by Petitioners counsel and is fully briefed with a
proposed draft order at docket 162. (Documents
related to the Bill of Costs can be found at docket
entries 154, 155, 156, 158, 174, 186, 195, 198.)

Mohammon v.
Bush

05-cv-
2386

Urbina

Jabbarov Oybek
Jamolivich

452

(5) Emergency Motion
for Unredacted Return

Docket # 306, January 24, 2007. Emergency Motion
for Unredacted Return. Amendable to immediate
resolution by Judge Hogan.

Mohammon v.
Bush

05-cv-
2386

Urbina

Abu Hijazi

49

(6) Motion for Factual
Returns

Docket # 329, February 2, 2007. Judge Walton did
not decide the motions because he had just
administratively closed the case.

Mohammon v.
Bush

05-cv-
2386

Urbina

Mouhammad

330

(7) Motion for Factual
Returns

Docket # 329, February 2, 2007. Judge Walton did
not decide the motions because he had just
administratively closed the case.

Mohammon v.
Bush

05-cv-
2386

Urbina

Abdulayev

257

(8) Motion for a
preliminary injunction

Docket # 412. March 7, 2008. Motion for a
preliminary injunction prohibiting the government from
repatriating Petitioner to Tajikistan has been held in
abeyance by Judge Walton until such time as the
government provides counsel with 30 days notice of
transfer. Since no such notice has been provided, that
motion is not ripe.

Case 1 :05-cv-01458-UNA-AK Document 48-2 Filed 07/21/2008 Page 48 of 49

Mohammon v.
Bush

05-cv-
2386

Urbina

Maher El
Falesteny

519

(9) Motion for
Preliminary Injunction
Ordering Respondents
to Cease Violations of
the Geneva
Conventions and to
Treat Petitioner El
Falesteny as a
Prisoner of War

Docket # 446, June 1 2, 2008. The government has
refused to oppose this motion on the merits. Prior to
Boumediene, it raised only a jurisdictional objection,
and in the weeks since then, it has simply declined to
respond. The Court can treat the motion as
conceded. In the alternative, it should order a
response filed forthwith.

Mohammon v.
Bush

05-cv-
2386

Urbina

AN Al Kazmi

172

(10) Emergency
Motion to compel
disclosure of records
to ensure access

Docket # 352, March 1 4, 2007. Fully briefed.

Mohammon v.
Bush

05-cv-
2386

Urbina

Abd al Zaher

89

(1 1) Motion for
Reconsideration of
Motion to Order
Access to Counsel

Docket #423, March 21,2008. Fully briefed. (See
docket # 423, 426, 427.) Ripe for decision.

Taher v. Bush

06-cv-
1684

Kessler

Mohammed
Ahmed Taher/
Yasser Ali
Abdulla Salemi

679

Motion to lift stay and
for status conference

Docket # 32, June 1 7, 2008. Ripe for immediate
decision. Appropriate for common resolution by
Judge Hogan.

Suliman v.
Bush

06-cv-
1758

Collyer

Faiz Ahmed
Yahia Suliman

153

Motion to Reinstate

Docket # 28, July 1 , 2008. Filed after Boumediene but
before Hogan's consolidation order. Appropriate for
common resolution by Judge Hogan.

Adbessasalam
v. Bush

06-cv-
1761

Huvelle

Achraf Salim
Abdessalam

263

(1) Emergency Motion
to schedule a habeas
corpus hearing

Docket # 22, June 1 6, 2008. Motion is fully briefed
and pending before the Court.

Adbessasalam
v. Bush

06-cv-
1761

Huvelle

Achraf Salim
Abdessalam

263

(2) Emergency Motion
to Show Cause

Docket # 25, June 24, 2008. Motion is fully briefed
and pending before the Court.

Kiyemba v.
Bush

05-cv-
1509

Urbina

Motion to UseCSRT
Records Provided in
DTA Action in This
Case

Consolidated Uighur case. Not yet docketed.

Case 1 :05-cv-01458-UNA-AK Document 48-2 Filed 07/21/2008 Page 49 of 49

Motion to UseCSRT

Records Provided in

Mamet v.

05-cv-

DTA Action in This

Bush

1602

Urbina

Case

Consolidated Uighur case. Not yet docketed.

Motion to UseCSRT

Records Provided in

05-cv-

DTA Action in This

Kabir v. Bush

1704

Urbina

Case

Consolidated Uighur case. Not yet docketed.

Motion to UseCSRT

Records Provided in

Razakah v.

05-cv-

DTA Action in This

Bush

2370

Urbina

Case

Consolidated Uighur case. Not yet docketed.

Motion to UseCSRT

Records Provided in

Mohammon v.

05-cv-

DTA Action in This

Bush

2386

Urbina

Case

Consolidated Uighur case. Not yet docketed.

Motion to UseCSRT

Records Provided in

Thabid v.

05-cv-

DTA Action in This

Bush

2398

Urbina

Case

Consolidated Uighur case. Not yet docketed.