gov.uscourts.dcd.116163

Cass i:C.'5-cv-01458-UNA-AK Document B-3 Filed

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Civil Action No. OI-i'iHZS iCKIO

LNiTEn STATES OF AMLRIl'A.u

DECLARATION OF E5TEBAN RODRIGUEZ

Case 1:05-cv-01458-UNA-AK Document 6-3 Filed

Pursuant to 28 U.S.C. § 1746, 1, Esteban Rodriguez, hereby declare:

1. I am a civilian employee ol'tiic United Slates Department of Defense
(DoD). I currently serve as Director of the Joint Intelligence Group ("JIG") of the Joint
Task Force - Guantanamo Bay Naval Base ("JTF-GTMO"). The JIG's mission is to
collect intelligence information from detained enemy combatants in the Global War on
Terror who are deemed io be rsl' strategic ntteiligeiice value, 1 have served as Director of
the JIG since 17 July 2003. In this capadiy. 1 am rcspimiible fur managing and
overseeing interrogation operations at the detention facility. I joined the United States as
an interrogator in 1 979, and have been in the human intelligence (HUMINT) business
ever since. 1 have uve^een i n [c r--. ■^:.i i i .;■ a ,,nd uchiclinj.'. .idiviiii-s for DoD in the
continental Uniled Slates. Europe and now Guantanamo. I have personal knowledge of
the matters stated herein.

2. the Department iil'Dii'eiisi- does not permit mier:o;;ui.r>rs ov ii liter porsoimi:! iv
interfere with the relaiiunslrp l.vlween any detainee and his lawyer. This would include a
prohibition (in imperainating a lawyer, o.) making ,ii~pa:.iging comments about the
lawyer, and on rcuili;i:ir,g against a detainee for having met with a lawyer or being
involved in habeas corpus litigation.

3. I have reviewed the Declaration of Thomas Wilner, submitted as part of this
litigation. Mis declaration contends thai a female inicmigator named Megan has told
Faziz Al Kandari not to trust his lawyers beeiiiiss they are Jewish and that she informed
Mr. AI Kandari she was angry at him for talking to his lawyers and that he would be
tortured if he went back to Kuwait. I have spoken with the female interrogator in
question and she has reviewed these allegations in Mr. Wilner's declaration. She has

Case 1:05-cv-01458-UNA-AK Document 6-3 Filed

informed me thai rlic-~o allegations are false and dial she nfver made disparaging
comments a boil I the lawyers duriny conversations with Mr. Al Kandari. nor has she ever
dune anything to interfere in ihe relationship between Mr. Al Kandari and his lawyer.
This interrogator has been assisted to Mr. Sand Al-A/mi since well before his lawyers
began visiting Gtiantanamo Bay late in 2004. She has likewise informed me that she
never made disparagim: cummcri's about the lawyers during conversations with Mr. Al-
Azmi. nor has she ever done anything » interfere in the relationship between Mr. Al-
A;-"Hii and his lawyers.

4. Mr. Wilnei's detteatloa also states mat ait unidentified male interrogator (old
Fouad Mafimoad A I Rata ah ,1:1 li-amen-v-i occasions liut be should not trust his lawyers
because they are Jewish and that if he agreed to let the Sawyers represent him, he will be
held at Guantanamo forever. I have spoken with die interrogator who has been assigned
to Mr. Al Ruhiah si;iee vel: beloie iiis lawyer:; be..!:;:i \i--:n i i^l Guaiv^nimo Ray late in
2(104. and be lias reviewed liteSe allegation-; in Mt. Wi liej's i1e;kir:\ : .ion. He has
informed me that these allegations are false and that he never made disparaging
comments about the lawyers with Mr. Al Rabiah, nor has he ever done anything to
interfere in the relationship between a detainee and his lawyer.

5. Other than the inlenwaiors mentioned above, no other individuals have
interrogated Mr. Al-Azmi or Mr. Al Rabiah since well before their lawyers began visiting
uuai! tana mo Ba> kite in 2004.

6. The interrogators referred to above are active duty military or are contractor?
and, as such, are subject to the Uniform Code of Military Justice ("UCMJ").
Interrogators who are contractors are bound to the UCMJ as a condition of their contract.

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The UCMJ prohibits the making of false official statements, 1 U.S.C. section 907.
Were ihe interrogators !o have faliil'icd [heir responses to my muiiine- described above.
Ihey would potentially be subject Lo discipline and other punUivi: measures under the
UCMJ or otherwise.

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

Dated: May J, 2005

^^]^ y ESTEBAN RODRIGUEZ