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Case 1 :05-cv-01458-UNA-AK Document 58 Filed 09/1 1/2008 Page 1 of 28 



UNITED STATES DISTRICT COURT 
FOR THE DISTRICT OF COLUMBIA 



IN RE: 

GUANTANAMO BAY 
DETAINEE LITIGATION 



Misc. No. 08-0442 (TFH) 
Civil Action Nos. 



02-cv- 
04-cv- 
05-cv- 
05-cv- 
05-cv- 
05-cv- 
05-cv- 
05-cv- 
05-cv- 
05-cv- 
05-cv- 
05-cv- 
05-cv- 
05-cv- 
05-cv- 
05-cv- 
05-cv- 
06-cv- 
06-cv- 
07-cv- 
08-cv- 
08-cv- 
08-cv- 
08-cv- 



0828, 04- 

1937. 04- 
0023, 05- 
0359, 05- 
0569, 05- 
0877, 05- 
0994, 05- 
1220, 05- 
1457, 05- 
1504, 05- 

1592. 05- 
1638, 05- 
1704, 05- 
2104, 05- 
2349, 05- 
2379, 05- 
2386, 05- 
0618, 06- 
1761, 06- 
2337, 07- 
1153, 08- 
1227, 08- 
1232, 08- 
1238, 08- 



cv-1136, 04- 
cv-2022, 04- 
cv-0247, 05- 
cv-0392, 05- 
cv-0634, 05- 
cv-0883, 05- 
cv-0998, 05- 
cv-1244, 05- 
cv-1458, 05- 
cv-1505, 05- 
cv-1601, 05- 
cv-1639, 05- 
cv-1971, 05- 
cv-2185, 05- 
cv-2367, 05- 
cv-2380, 05- 
cv-2387, 05- 
cv-1668, 06- 
cv-1765, 06- 
cv-2338, 08- 
cv-1185, 08- 
cv-1228, 08- 
cv-1233, 08- 
cv-1310, 08- 



cv-1164, 04 
cv-2035, 04 
cv-0270, 05 
cv-0492, 05 
cv-0748, 05 
cv-0889, 05 
cv-0999, 05 
cv-1347, 05 
cv-1487, 05 
cv-1506, 05 
cv-1602, 05 
cv-1645, 05 
cv-1983, 05 
cv-2186, 05 
cv-2370, 05 
cv-2381, 05 
cv-2398, 05 
cv-1684, 06 
cv-1766, 06 
cv-0987, 08 
cv-1221, 08 
cv-1229, 08 
cv-1235, 08 
cv-1440 



-cv-1194, 04- 
-cv-2046, 04- 
-cv-0280, 05- 
-cv-0520, 05- 
-cv-0763, 05- 
-cv-0892, 05- 
-cv-1048, 05- 
-cv-1353, 05- 
-cv-1490, 05- 
-cv-1509, 05- 
-cv-1607, 05- 
-cv-1646, 05- 
-cv-2010, 05- 
-cv-2199, 05- 
-cv-2371, 05- 
-cv-2384, 05- 
-cv-2444, 05- 
-cv-1758, 06- 
-cv-1767, 07- 
-cv-1101, 08- 
-cv-1223, 08- 
-cv-1230, 08- 
-cv-1236, 08- 



cv-1254, 
cv-2215, 
cv-0329, 
cv-0526, 
cv-0764, 
cv-0993, 
cv-1189, 
cv-1429, 
cv-1497, 
cv-1555, 
cv-1623, 
cv-1678, 
cv-2088, 
cv-2249, 
cv-2378, 
cv-2385, 
cv-2479, 
cv-1759, 
cv-1710, 
cv-1104, 
cv-1224, 
cv-1231, 
cv-1237, 



PROTECTIVE ORDER 

AND 

PROCEDURES FOR COUNSEL ACCESS TO DETAINEES AT THE UNITED STATES 

NAVAL BASE IN GUANTANAMO BAY, CUBA 

Upon consideration of the parties' positions espoused at the status conference held on 

July 8, 2008, the parties' submissions, and the record in these coordinated matters, the Court 

finds that the above-captioned cases involve 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 might also involve 



Case1:05-cv-01458-UNA-AK Document 58 Filed 09/11/2008 Page 2 of 28 

other protected information or documents, the storage, handling, and control of which might 
require special precautions in order to protect the security of the United States and other 
significant interests. Accordingly, to protect the national security, and for good cause shown, 
the Court 

ORDERS that, in place of the Amended Protective Order and Procedures for Counsel 
Access to Detainees at the United States Naval Base in Guantanamo Bay, Cuba, first issued on 
November 8, 2004, 344 F. Supp. 2d 174 (D.D.C. 2004), as supplemented by the Order 
Addressing Designation Procedures for Protected Information, first issued on November 10, 
2004, and the Order Supplementing and Amending Filing Procedures Contained in the 
November 8, 2004, Amended Protective Order, first issued on December 13, 2004, the 
following Protective Order and Procedures for Counsel Access to Detainees at the United 
States Naval Base in Guantanamo Bay, Cuba, apply in these coordinated matters: 
I. PROTECTIVE ORDER 

A. Overview and Applicability 

1 . This Protective Order establishes procedures that must be followed by 
petitioners and their respective counsel, all other counsel involved in these 
matters, interpreters/translators for the parties, personnel or support staff 
employed or engaged to assist in these matters, and all other individuals who, in 
connection with these matters, receive access to classified national security 
information or documents or other protected information, including the 
privilege team as defined in the Procedures for Counsel Access to Detainees at 
the United States Naval Base in Guantanamo Bay, Cuba ("Procedures for 
Counsel Access"), see infra Section II. B. 6. 

2. The procedures set forth in this Protective Order apply to all aspects of these 
matters and may be modified by further order of the Court upon its own motion 
or upon application by any party. The Court retains continuing jurisdiction to 
enforce or modify the terms of this Protective Order. 

3. Nothing in this Protective Order precludes the government's use of classified 
information as otherwise authorized by law outside of these matters. 



Case1:05-cv-01458-UNA-AK Document 58 Filed 09/11/2008 Page 3 of 28 



As appropriate and needed, petitioners' counsel is responsible for advising their 
employees, petitioners, and others of this Protective Order's contents. 

Petitioners' counsel are bound by the terms and conditions set forth in the 
Procedures For Counsel Access, see infra Section II. To the extent such terms 
and conditions place limitations on petitioners' counsel in their access to and 
interaction with petitioners or handling of information, this Protective Order 
specifically incorporates by reference all terms and conditions established in the 
procedures contained in the Procedures for Counsel Access. Any violation of 
those terms and conditions will also be deemed a violation of this Protective 
Order. 

The privilege team shall not disclose to any person any information provided by 
petitioners' counsel or petitioners, other than information provided in a filing 
with the Court, unless such information, if it were monitored information, could 
be disclosed under the Procedures for Counsel Access. Any such disclosure 
shall be consistent with the provisions of the Procedures for Counsel Access. 

B. Definitions 

As used in this Protective Order, the words "documents" and "information" 
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, 
facsimiles, 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. 

The terms "classified national security information and/or documents," 
"classified information" and "classified documents" mean: 



Case1:05-cv-01458-UNA-AK Document 58 Filed 09/11/2008 Page 4 of 28 



a. any classified document or information that was 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 
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 
was 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 petitioners 
or petitioners' counsel; or 

d. any document and information as to which petitioners or petitioners' 
counsel were notified orally or in writing that such document or 
information contains classified information. 

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

10. The terms "protected information and/or documents," "protected information," 
and "protected documents" mean any document or information the Court 
deems, either sua sponte or upon designation pursuant to paragraph 34 of this 
Protective Order, not suitable for public filing. 

11. As used in this Protective Order, the term "petitioners' counsel" includes 
attorneys employed or retained by or on behalf of a petitioner for purposes of 
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. Access to classified information by all persons 
mentioned in the foregoing sentence is governed by Section I.D of this 
Protective Order, and access to protected information by all persons mentioned 
in the foregoing sentence is governed by Section I.E of this Protective Order. 



Case1:05-cv-01458-UNA-AK Document 58 Filed 09/11/2008 Page 5 of 28 



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

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

14. "Unauthorized disclosure of classified information" means 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. 

C. Designation of Court Security Officer 

15. The Court designates Christine E. Gunning as Court Security Officer for these 
cases, and Jennifer H. Campbell, Miguel A. Ferrer, Daniel O. Hartenstine, 
Erin H. Hogarty, Nathaniel A. Johnson, Joan B. Kennedy, Michael P. Macisso, 
Maura P. Peterson, and Barbara J. Russell as Alternate Court Security Officers 
(collectively, "CSO") for the purpose of providing security arrangements 
necessary to protect against unauthorized disclosure of any classified documents 
or information to be made available in connection with these cases. Petitioners' 
counsel shall seek guidance from the CSO with regard to appropriate storage, 
handling, transmittal, and use of classified documents or information. 

D. Access to Classified Information and Documents 

16. Without authorization from the government, no petitioner or petitioner's 
counsel shall have access to any classified information involved in these cases 
unless that person has done the following: 

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

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

17. Petitioners' counsel to be provided access to classified information shall execute 
the MOU appended to this Protective Order, and shall file executed originals of 
the MOU with the Court and submit copies to the CSO and government 
counsel. Such execution, filing, and submission of the MOU is a condition 
precedent to a petitioner's counsel having access to, or continued access to, 
classified information for the purposes of these proceedings. 

18. The substitution, departure, or removal of any 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 Protective 



Case1:05-cv-01458-UNA-AK Document 58 Filed 09/11/2008 Page 6 of 28 



Order. 

19. The government shall arrange for one appropriately approved secure area for 
petitioners' counsel's use. The secure area shall contain a working area 
supplied with secure office equipment reasonably necessary for preparing 
petitioners' cases. The government shall bear expenses for the secure area and 
its equipment. 

20. The CSO shall establish procedures to ensure that the secure area is accessible 
to petitioners' counsel during normal business hours and at other times on 
reasonable request as approved by the CSO. The CSO shall establish 
procedures to ensure the secure area is maintained and operated in the most 
efficient manner consistent with the protection of classified information. The 
CSO or CSO 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 these and other proceedings. 

21. All classified information the government provides to petitioners' counsel, and 
all classified information petitioners' counsel otherwise possesses or maintains, 
shall be stored, maintained, and used only in the secure area. 

22. No documents containing classified information may be removed from the 
secure area unless authorized by the CSO or CSO designee supervising the area. 

23. 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. 

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

25. All documents prepared by petitioners or petitioners' counsel that contain 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 possessing 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 CSO. All such documents and any associated 
materials containing classified information — such as notes, memoranda, drafts, 
copies, typewriter ribbons, magnetic recordings, and exhibits — shall be 
maintained in the secure area unless and until the CSO advises that those 
documents or associated materials are unclassified in their entirety. None of 
these materials shall be disclosed to government counsel unless authorized by 



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the Court, by petitioners' counsel, or as otherwise provided in this Protective 
Order. 

26. Petitioners' counsel may discuss classified information within the secure area or 
another area authorized by the CSO only. Petitioners' counsel 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. 

27. The CSO or CSO designee shall not reveal to any person the content of any 
conversations he or she hears 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 Protective Order. Additionally, the 
presence of the CSO or CSO designee shall not be construed to waive, limit, or 
otherwise render inapplicable the attorney-client privilege or work product 
protections. 

28. 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 persons 
authorized by 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, docket #117, 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 satisfy 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. 
Government counsel may challenge the "need to know" presumption on a 
case-by-case basis for good cause shown. 

29. Petitioners' counsel shall not disclose to a petitioner-detainee classified 
information not provided by that petitioner-detainee. Should a petitioner's 
counsel desire to disclose classified information not provided by a 
petitioner-detainee to that petitioner-detainee, that petitioner's counsel will 
provide in writing to the privilege review team, see infra Section II. G, a request 
for release clearly stating the classified information they seek to release. The 
privilege review team will forward a petitioner's counsel's release request to the 
appropriate government agency authorized to declassify the classified 
information for a determination. The privilege review team will inform 



Case1:05-cv-01458-UNA-AK Document 58 Filed 09/11/2008 Page 8 of 28 



petitioner's counsel of the determination once it is made. 

30. Except as otherwise provided herein, no petitioners or petitioners' counsel 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. 

3 1 . 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 these 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 5 1 of this Protective Order, failure to comply with 
these rules may result in the revocation of counsel's security clearance as well 
as civil and criminal liability. 

32. The foregoing does not prohibit a petitioner's counsel from citing or repeating 
information in the public domain that petitioner's counsel does not know to be 
classified information or a classified document or derived from classified 
information or a classified document. 

33. All documents containing classified information prepared, possessed or 
maintained by, or provided to, petitioners' counsel — except filings submitted to 
the Court and served on government counsel — shall remain at all times in the 
CSO's control for the duration of these cases. Upon final resolution of these 
cases, including all appeals, the CSO shall destroy all such documents. 

E. Designation Procedures for and Access to Protected Information and Documents 

34. Should government counsel in these consolidated cases wish to have the Court 
deem any document or information "protected," government counsel shall 
disclose the information to qualified counsel for petitioners — i.e., counsel who 
have satisfied the necessary prerequisites of this Protective Order for the 
viewing of protected information — and attempt to reach an agreement about the 
designation of the information prior to filing a motion with the Court. 
Petitioners' counsel shall treat such disclosed information as protected unless 

8 



Case1:05-cv-01458-UNA-AK Document 58 Filed 09/11/2008 Page 9 of 28 



and until the Court rules that the information should not be designated as 
protected. 

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 signed the 
Acknowledgment, attached hereto as Exhibit B, attesting to the fact that 
they 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 to a petitioner's 
counsel having access to, or continued access to, protected information for the 
purposes of these proceedings. A copy of each executed Acknowledgment shall 
be kept by counsel making the disclosure until thirty 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, including counsel in related cases brought by 
Guantanamo Bay detainees in this or other courts, except as authorized by this 
Protective Order, the Court, or government counsel. 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, petitioners' counsel in these coordinated cases may share protected 
information with each other but only to the extent that counsel have appropriate 
security clearances and comply with all other procedures set forth in this 
Protective Order. 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 a 
petitioner-detainee to that petitioner-detainee without prior concurrence of 
government counsel or express permission of the Court. 

40. Except as otherwise provided herein, no petitioner or petitioner's counsel 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. 

41. At no time, including any period subsequent to the conclusion of these 



Case1:05-cv-01458-UNA-AK Document 58 Filed 09/11/2008 Page 10 of 28 



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 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 in writing that all designated documents and 
materials have been destroyed, and further provided that government counsel 
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. 

F. Procedures for Filing Documents 

46. Unclassified Filing by Petitioners . Pending further order of the Court, any 
pleading or other document filed by petitioners that petitioners' counsel does not 
believe contains classified information and has no reason to believe contains 
classified information is authorized for direct filing in the CM/ECF system 
consistent with the regular electronic filing practices of this Court. See LCvR 
5.4. Presumptively classified information that petitioners' counsel learned from 
a petitioner, see infra Section II. D. 12. f and Section II. 1. 29, but has not been 
determined to be unclassified, shall not be filed in the CM/ECF system. 
Presumptively classified information shall be filed pursuant to the procedures 
specified in paragraph 47 of this Protective Order. 

47. Classified Filings by Petitioners . Any pleading or other document filed by 
petitioners that petitioners' counsel know, have reason to believe, or are 
uncertain whether it contains classified information, shall be filed, along with 

10 



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three copies, under seal with the CSO by 4:00 p.m. Such document must be 
marked with the appropriate classification marking (e.g., "SECRET"). The 
time of physical submission to the CSO shall be considered the date and time of 
filing. At the time of making a submission to the CSO, petitioners' counsel 
shall file on the public record in the CM/ECF system a "Notice of Filing," 
notifying the Court that the submission was made to the CSO and specifying in 
general terms the nature of the filing without disclosing any potentially 
classified information. 

a. Upon receipt, the CSO will deliver to the Court and government counsel 
any pleading or other document petitioners filed that may contain 
classified information. The CSO will forward the document to the 
appropriate government agencies and departments for their determination 
as to whether the pleading or other document contains classified 
information. To facilitate this review, petitioners' counsel shall identify 
each paragraph of a document that counsel believe may contain classified 
information by marking each paragraph with an appropriate 
classification marking or otherwise specifically identifying such 
paragraphs. If, following review by the appropriate government 
agencies and departments, it is determined that the pleading or other 
document contains classified information, the CSO must ensure that the 
document is marked with the appropriate classification marking and that 
the document remains under seal. The CSO will work with the 
appropriate government agencies or departments to prepare a redacted 
version of the pleading or other document appropriate for filing on the 
public record. Counsel shall then file the redacted version of the 
document in the CM/ECF system with a notation in the upper right hand 
corner of the first page stating "REDACTED VERSION FOR PUBLIC 
FILING CLEARED BY CSO." 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 was submitted to the CSO for review. 

b. In the event an entire document is deemed classified, petitioners' counsel 
shall file notice in the CM/ECF system listing 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 informed 
counsel that the entire document is classified. 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 was submitted to the CSO for 
review. 

c. If it is determined that the pleading or other document does not contain 
classified information, counsel shall file the full submission in the 
CM/ECF system and make specific reference to the earlier docket entry 



11 



Case1:05-cv-01458-UNA-AK Document 58 Filed 09/11/2008 Page12of28 



notifying the Court that the document was submitted to the CSO for 
review. The docket entry description shall also state that the CSO 
approved 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." 



48. Classified Filings by Respondents . 

a. Any pleading or other document filed by respondents' counsel containing 
classified information shall be filed, along with three copies, under seal 
with the Court through the CSO by 4:00 p.m. The time of physical 
submission to the CSO shall be considered the date and time of filing. 
The CSO shall serve a copy of any classified pleading or document on 
petitioners' counsel at the secure facility. At the time of making a 
submission to the CSO, respondents shall file on the public record in the 
CM/ECF system a "Notice of Filing," notifying the Court that a 
submission was made to the CSO and specifying in general terms the 
nature of the filing without disclosing any potentially classified 
information. As soon as practicable following the original filing date, 
respondents' counsel shall file in the CM/ECF system a version of the 
pleading or document appropriate for filing on the public record, 
consistent with the procedures outlined in paragraphs 47.a-c of this 
Protective Order. 

b. Nothing herein requires the government to disclose classified 
information. Additionally, nothing herein prohibits the government 
from submitting classified information to the Court in camera or ex 
parte in these proceedings or entitles petitioners or petitioners' counsel 
access to such submissions or information. Except for good cause 
shown in the filing, the government shall provide petitioners' counsel or 
petitioners with notice served on petitioners' counsel on the date of the 
filing. 

49. Protected Information Filing by Petitioners and Respondents . 

a. The presence, or potential presence, of protected information in any 

pleading or document that is governed by paragraph 47 or paragraph 48 
of this Protective Order shall not affect the method of filing such 
pleading or document; it shall be governed by paragraph 47 or 48, as 
applicable. Any pleading or other document that does not contain 
classified information but that petitioners' counsel or respondents have 
reason to believe contains or petitioners' counsel is uncertain whether it 
contains protected information shall be filed under seal pursuant to Local 
Civil Rule 5. l(j). At the time of the submission of a filing containing 
protected but not classified information, the party shall file on the public 

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record in the CM/ECF system a "Notice of Filing," notifying the Court 
that a protected information submission was made and specifying in 
general terms the nature of the filing without disclosing any potentially 
protected information. As soon as practicable following the original 
filing date, counsel for the party submitting the protected information 
shall file in the CM/ECF system a version of the pleading or document 
appropriate for filing on the public record, consistent with the 
procedures outlined in paragraphs 47.a-c of this Protective Order. 

b. This Protective Order shall constitute authorization for petitioners and 
respondents to file protected information under seal. That is, no motion 
to seal is required at the time of submission of the pleading or document 
to the Clerk's Office. Procedures for designation of protected 
information shall be governed by paragraph 34 of this Protective Order. 

c. Nothing herein requires the government to disclose protected 
information. Additionally, nothing herein prohibits the government 
from submitting protected information to the Court in camera or ex 
parte in these proceedings or entitles 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 counsel on the date of the 
filing. 

50. Disclosure of Protected or Classified Information on the Public Record . In the 
event respondents believe that a party has disclosed classified or protected 
information on the public docket, respondents shall notify the CSO, who shall 
work with the Clerk's Office to remove the filing from the public docket. A 
copy of the filing shall then be lodged with the CSO and treated according to 
paragraphs 47. b or 47. c of this Protective Order. Nothing herein limits the 
government's authority to take necessary remedial action to ensure the 
protection of the classified or protected information. 

G. Penalties for Unauthorized Disclosure 

5 1 . Any unauthorized disclosure of classified information may constitute violations 
of United States criminal laws. Additionally, 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 States or may be used to the advantage of 
an adversary of the United States or against the interests of the United States. 

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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. 

52. 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. 



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

A. Applicability 

1. Except as otherwise stated in these Procedures for Counsel Access to Detainees 
at the U.S. Naval Base in Guantanamo Bay, Cuba ("Procedures"), 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"), for purposes of litigating these cases. 

2. These Procedures do not apply to counsel who are retained solely to assist in a 
detainee's defense 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. 

B. Definitions 

3. "Communications" means all forms of communication between counsel and a 
detainee, including oral, written, electronic, or by any other means. 

4. As used in these Procedures, "counsel" means attorneys 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 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. 

5. "Detainee" means an individual detained by DoD as an alleged enemy 
combatant at GTMO. 

6. "Privilege team" means 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. 

7. "Legal mail" means letters written between a detainee's counsel and the 
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. The Court is the final arbiter of whether documents fall within 
the definition of legal mail. 

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C. Requirements for Access to and Communications with Detainees 

8. Security Clearance . 

a. 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. 

b. 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 that granted the 
clearance. Access will be granted only after DoD verification of the 
security clearance. 

c. Counsel who do not currently possess a Secret clearance are required to 
submit an application for clearance to the Department of Justice, 
Litigation Security Division. 

9. Acknowledgment of and Compliance with Access Procedures . 

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

b. This affirmation will not be considered an acknowledgment by counsel 
that these Procedures are legally permissible. Even if counsel elect to 
challenge these Procedures, counsel may not knowingly disobey an 
obligation imposed by these Procedures. 

c. DoD expects that counsel, counsel's staffs, and anyone acting on 
counsel's behalf will fully abide by the requirements of these 
Procedures. Counsel are required to provide 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. 

d. Should counsel fail to comply with these Procedures, access to or 
communication with detainees will not be permitted. 

10. Verification of Representation . 

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

with a Notification of Representation. This Notification must include 
counsel's licensing information, business and email addresses, and phone 

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number, as well as the name of the detainee counsel represents. 
Additionally, counsel shall provide evidence of their authority to 
represent the detainee. 

b. Counsel shall provide evidence of their authority to represent the 
detainee as soon as practicable and, in any event, not later than ten days 
after the conclusion of a second visit with a 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 a detainee's counsel believe the government is unreasonably 
limiting the number of visits with the detainee, counsel may petition the 
Court at the appropriate time for relief. 

c. If counsel withdraw from representation of a detainee, or if the 
representation is otherwise terminated, counsel shall inform DoD 
immediately of that change in circumstances. 

d. Counsel must provide DoD with a signed representation stating (a) 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 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). 

11. Logistics of Counsel Visits . 

a. Counsel shall submit to the Department of Justice ("DoJ") any request 
to meet with a detainee. Requests shall specify dates of availability for a 
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 counsel's requests regarding the scheduling of 
a meeting. Once a request is approved, DoJ will contact counsel with 
the date and duration of the meeting. 

b. 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. 

c. Due to the mission and location of GTMO, certain logistical details, 

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including arrangements for travel and lodging, will need to be 
coordinated by counsel prior to arrival. DoJ will provide specific 
information regarding these issues. 

d. In order to travel to GTMO, 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 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. 

D. Procedures for Correspondence Between Counsel and Detainees 

12. Mail Sent by Counsel to Detainees ("Incoming Mail") . 

a. Counsel shall send incoming legal mail for detainees 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." 

b. 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. 

c. 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 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 whom 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 12. a 
and 12. b of these Procedures. 

d. Within two 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 desire 

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confirmation that documents were delivered to the detainee, counsel 
shall provide 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. 

e. Written correspondence to detainees 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 nonlegal mail. 

f Counsel shall 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 the privilege team, this Court, or another court 
determines it to be otherwise. Accordingly, if 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. 

g. 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. 

13. Mail Sent by Detainees to Counsel ("Outgoing Mail") . 

a. Detainees will be provided with paper to prepare communications to 

counsel. In the presence of military personnel, the detainee will seal the 
written communication in an envelope and it will be annotated as 
"Attorney-Detainee Materials-For Mail Delivery To Counsel." Each 
envelope shall be labeled with the detainee's and counsel's names. 
Envelopes annotated with the names of persons other the detainee's 
counsel, including family, friends, or other attorneys, shall be processed 

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according to the standard operating procedures for detainee non-legal 
mail. 

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

c. After outgoing legal mail is collected from a detainee, the envelope will 
be sealed into a larger envelope by military personnel at Guantanamo. 
The larger envelope will be marked as "Attorney-Detainee Materials-For 
Mail Delivery To Counsel" and will be annotated with the detainee's 
and counsel's names. The envelope will be sealed and mailed in the 
manner required for classified materials. Within two business days of 
receipt from the detainee, the communication will be mailed to the 
appropriate address as provided by government counsel. 

d. 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 GTMO under the standard operating procedures for 
detainee non-legal mail. 

e. 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. 

E. Materials Brought into Meetings with Detainees and Counsel 

14. Counsel shall bring only legal mail, writing utensils and paper into any meeting 
with a detainee, unless counsel receives prior approval from the Commander, 
JTF-Guantanamo. 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. 

15. 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 

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facilities, or the status of other detainees, not directly related to counsel's 
representation. 

F. Materials Brought out of Meetings with Detainees and Counsel 

16. Upon 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 
shall be sealed in counsel's presence and 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. 

17. Upon completion of counsel's visit to Guantanamo, the notes or documents used 
or produced during the visits shall be sealed in counsel's presence 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. The larger envelope shall be marked as "Attorney- 
Detainee Meeting Documents-For Mail Delivery To Counsel" and annotated with 
the detainee's and counsel's names. The envelope shall be sealed and mailed in 
the manner required for classified materials. Within two business days following 
completion of counsel's visit to Guantanamo, the package shall be mailed to the 
appropriate address provided by government counsel. 

18. Correspondence or messages from a detainee to individuals other than his 
counsel, including family, friends, or other attorneys, will not be handled 
through this process. If a detainee provides these communications to 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. 

G. Classification Determination of Detainee Communications 

19. 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 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 of the Court, or except as otherwise provided in these 
Procedures, 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 

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communications, 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. 

20. Counsel shall send all materials submitted for classification review to the 
appropriate address as 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 detainee's and counsel's names. Each page 
of the document submitted for classification review shall be marked 
"Attorney-Detainee Materials" and "Classified." The envelope or mailer shall 
be sealed and mailed in the manner required for classified materials. 

21. 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: 

a. seven business days for information written in English; 

b. fourteen business days for any information that includes writing in any 
language other than English, to allow for translations by the privilege 
team; and 

c. twenty business days for any information where the privilege team has 
reason to believe that a code was used, to allow for further analysis. 

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

23. If, at any time, the privilege team determines that information in the documents 
submitted for classification review relates to imminent acts of violence, the 
privilege team shall report the contents of those documents 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. 

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



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H. Telephonic Access to Detainees 

25. Requests for telephonic access to a 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. 

26. Any telephonic access by counsel is subject to appropriate security procedures. 
Such procedures shall not include contemporaneous monitoring or recording. 

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

I. Counsel's Handling and Dissemination of Information from Detainees 

28. Subject to the terms of the Protective Order, see supra Section I, and any other 
applicable protective order, counsel may disseminate the unclassified contents of 
a detainee's communications for purposes reasonably related to their 
representation of that detainee. 

29. Counsel shall 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 

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

3 1 . 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 these coordinated cases are presumed to have a "need to know" 
information in related cases pending before this Court. Counsel for respondents 
in these cases may challenge this presumption on a case-by-case basis for good 
cause shown. 

J. JTF-Guantanamo Security Procedures 

32. Counsel shall comply with the following security procedures and force 
protection safeguards applicable to the U.S. Naval Base in Guantanamo Bay, 
Cuba, JTF-Guantanamo and the personnel assigned to or visiting these 

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locations, as well as any supplemental procedures implemented by 
JTF-Guantanamo personnel. 

33. 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, but is not limited to, money, stamps, 
cigarettes, and writing instruments. No items of any kind may be provided to a 
detainee without the advance approval of the Commander, JTF-Guantanamo. 

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

35. Upon arrival at JTF-Guantanamo, security personnel will perform a contraband 
inspection of counsel using metal detectors, as well as a physical inspection of 
counsel's bags and briefcases and, if determined necessary, a physical 
inspection of counsel's persons. 

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

37. Counsel will meet with detainees 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 the detainees will be heard. 

38. At the conclusion of meetings with detainees, counsel will again be inspected 
using a metal detector and, if deemed necessary, by physical inspection of their 
persons. 

SO ORDERED. 



September 11, 2008 /s/ 

Thomas F. Hogan 
United States District Judge 



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Exhibit A 



Case1:05-cv-01458-UNA-AK Document 58 Filed 09/11/2008 Page 26 of 28 



EXHIBIT A 



UNITED STATES DISTRICT COURT 
FOR THE DISTRICT OF COLUMBIA 



IN RE: 

GUANTANAMO BAY 
DETAINEE LITIGATION 



Misc. No. 08-0442 (TFH) 
Civil Action No. 



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 seq.; and Executive Order 12958; I understand that I may be 
the recipient of information and documents that belong to the United States and concern the 
present and future security of the United States, and that such documents and information 
together with the methods and sources of collecting it are classified by the United States 
government. In consideration for the disclosure of classified information and documents: 

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

(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 above-captioned 
cases, and I agree to comply with the provisions thereof. 



Dated: 



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Exhibit B 



Case1:05-cv-01458-UNA-AK Document 58 Filed 09/11/2008 Page 28 of 28 



EXHIBIT B 



ACKNOWLEDGMENT 

The undersigned hereby acknowledges that he/she has read the Protective Order first 
entered on September 11, 2008, in the United States District Court for the District of 
Columbia in the consolidated cases captioned In re Guantanamo Bay Detainee Litigation, No. 
08-mc-0442, 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: