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Case1:05-cv-01468-UNA-AK Document 57-3 Filed 08/29/2008 Page 1 of 5 


Case 1 :05-cv-01458-UNA-AK Document 57-3 Filed 08/29/2008 Page 2 of 5 



MISC. NO. 08-0442 

I, Daniel J. Ddl'Orto declare as follows: 

1. 1 am the Acting General Counsel for the Department of Defense ("DoD"). The statements 
contained in this declaration are based on my personal knowledge or on information I have 
gained in my official capacity. 

2. This declaration is provided in order to document the efforts DoD has undertaken to defend, 
on the merits, more than 250 habeas corpus proceedings filed by or on behalf of individuals 
detained by DoD at Guantanamo Bay, Cuba. DoD has taken unprecedented steps to marshal 
resources and develop appropriate procedures for gathering and reviewing information on these 
detainees, developing pertinent information into a factual return and receiving appropriate 
permissions to use that information in the habeas proceeding. 

3. As of today, DoD has approximately 30 attorneys working exclusively on habeas corpus 
litigation, including more than 20 attorneys who were diverted from other offices within DoD 
that provide legal advice to a variety of DoD organizations and components, some of which are 
located outside of the Washington, D.C. area. Each of these diverted attorneys is now working 
full-time on habeas corpus matters. Their offices have redistributed these attorneys' work to 

Case 1 :05-cv-01458-UNA-AK Document 57-3 Filed 08/29/2008 Page 3 of 5 

other attorneys within the office, at a time when each office is supporting a DoD organization or 
component engaged in DoD's war mission. The first of these attome;^ arrived in mid- July 2008, 
and additional attorneys have arrived during July and August Furthermore, the Office of tlie 
General Counsel is in the process of hiring 40 attorneys who will replace these diverted 
attorneys, as well as additional administrative support staff.' 

4. The DoD attorneys described above work directly with attomeys from the Department of 
Justice. There is at least one attorney from each organization assigned to each detainee's factual 
return. This attorney team works together on reviewing the information and developing a factual 
return for the detainee. 

5. The DoD attomeys described above have been actively involved in gathering and reviewing 
information for potential use in the factual returns, including intelligence and law enforcanent 
material which originated with DoD or other government agencies. (To assist these attomeys 
with this effort, DoD has diverted intelligence or other personnel from their other intelHgence- 
related work (including personnel from the Joint Intelligence Group at Guantanamo), in order to 
have them work fiill-lime on the habeas litigation.}- When a document is proposed for inclusion 
in a factual return, it must then be reviewed to determine who originated the information 
contained within it. The originator may be a DoD organization or it may be another U.S. 
government agency, or an individual document may contain a combination of the two. Once the 
originator or originators are identified, permission must be sought from those organizations 
before DoD can use the information in a habeas corpus proceeding, similar to the process 
followed when information is being requested for use in criminal proceedings or for release 
underthe Freedom of hiformation Act. During this review, the organization considers issues 

DoD has also been standing up the infrastructure for these auomeys, including appropriating sufficient 
office space in the Washington, D.C. area for what will ultimately be more than 50 DoD attomeys and 
support staff. 

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such as the classification level of the information, the receiving party's security clearance and 
need to know the infonnation, and the potential harm to sensitive methods or sources of 
intelligence that may be implicated by the infonnation's use in the habeas proceeding. The 
originator of the information is the organization that is capable of making decisions about hami 
from dissemination and the release of the information in the habeas context. 

6. To process information that originates with a DoD organization (and may be reflected in the 
narrative document that cites that information), DoD has created a multi-person team of 
personnel which is responsible for coordinating the process of seeking permission from the 
relevant DoD organization(s). For the documents identified to date, this team was required to 
coordinate with the following DoD organizations: United States European Command, United 
States Central Command, United States Pacific Command, United States Southern Command 
{which has cognizance over the detention facility at Guantanamo), United States Special 
Operations Command, the Criminal Investigation Task Force, the Defense Intelligence Agency, 
the National Security Agency, tiie National Geospatial- Intelligence Agency and the Department 
of the Army. Upon being contacted, personnel from each of these orgeinizations reviewed the 
relevant documents, for the purpose of conducting the analysis described above. For some of the 
documents, this review resulted in a conclusion that another DoD organization or U.S. 
government agency had equiti® in the information being reviewed, thus requiring the document 
to be further coordinated. 

7. Within the last 30 days, the team has coordinated the review of almost 1,900 documents that 
originated with DoD organizations (all of which are multi-page documents), in addition to 
expending a significant amount of time preparing supporting materials and coordinating them for 

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use in the litigation. Approximately 1 ,700 of those 1 ,900 documents were cleared by their DoD 
originators for use in the habeas corpus proceedings. (The remaining 200 documents could not 
be cleared by DoD as they contained some information that originated with other U.S. 
government agencies and thus are undergoing further coordination.) Before being used in the 
factual return, however, those 1,700 documents are also subject to review by the Central 
Intelligence Agency, as discussed in its declaration being submitted to this court, for any equities 
that organization may have in the material. 

I declare under the penalty ofperjury and the laws of the United States that the foregoing 
statement is true and accurate to the best of my knowledge. 

liil 'M' 

August 29, 2008