Theresa Cameranesi, et al v. DOD, et al

Filing

FILED ORDER AND OPINION (ANDREW J. KLEINFELD, SANDRA S. IKUTA and PAUL J. WATFORD) Opinion by Judge Ikuta; Dissent by Judge Watford The opinion and dissent filed on September 30, 2016, and appearing at 839 F.3d 751, are withdrawn. The superseding opinion and dissent will be filed concurrently with this order. Appellees petition for rehearing en banc, filed November 14, 2016, is DENIED. Judge Ikuta voted to deny the petition for rehearing en banc and Judge Kleinfeld so recommended. Judge Watford voted to grant the petition for rehearing en banc. The petition for rehearing en banc was circulated to the judges of the court, and no judge requested a vote for en banc consideration. No further petitions for rehearing or rehearing en banc will be entertained. REVERSED; FILED AND ENTERED JUDGMENT. [10424771]

Case: 14-16432, 05/08/2017, ID: 10424771, DktEntry: 37-2, Page 1 of 4

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2002-12170-96919_Minutes_(2002-10-21-23-59-15).doc

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Case: 14-16432, 05/08/2017, ID: 10424771, DktEntry: 37-2, Page 3 of 4

Board of Visitors
Western Hemisphere Institute
for Security Cooperation

MEMORANDUM THRU SECRETARY OF THE ARMY
FOR SECRETARY OF DEFENSE

SUBJECT: Minutes of Session, 3-4 June 2002 of the Board of Visitors for the Western
Hemisphere Institute for Security Cooperation
1. General. The Board of Visitors (BoV) for the Western Hemisphere Institute for
Security Cooperation (WHINSEC), a federal advisory committee established under
Public Law 106-398 (The Floyd D. Spence National Defense Act for Fiscal Year 2001)
17
and Public Law 92-462 (The Federal Advisory Committee Act) and chartered on
4, 20
May
nHall), WHINSEC, Fort
1 February 2002, convened in Room 219, Building 35 (Ridgeway
do
chive
Benning, Georgia at 0905 hours on 3 June 2002 and6432 ar
concluded session at 1230 hours
1
. 14on 4 June 2002. All sessions were open tose, Nopublic. At Enclosure 1 is a listing of
n the
Defe
Board members, representatives,pconsultants and other attendees and briefing
't. of
. De
s a
personnel. At Enclosurea2 eisi v copy of the BoV’s itinerary (agenda). At Enclosure 3 is a
er n
Cam
copy of each ofethe presentations made to the BoV. At Enclosure 4 is a copy of the BoV
in
cit d
Charter.
3. Purpose. This was the inaugural session for this advisory committee in compliance
with PL 106-398 (Title 10 United States Code 2166). The WHINSEC BoV met to
organize itself and to gather information on the Institute’s organization, curriculum,
operations, resources and activities since its activation on January 17, 2001.
4. Summary. This was the BoV’s first session after the filing of its charter on
1 February 2002 and therefore the members focused on gathering information on
WHINSEC and organizing themselves. While their collective initial observation is that
this institute has an important role and appears to be meeting the requirements of the
authorizing legislation, the members decided to schedule their annual meeting for
December 12-13, 2002 and to continue their review of WHINSEC in the interim before
reporting their final observations and making any recommendations to the Secretary of
the Army, the executive agent, and the Secretary of Defense.
5. Details of Session.
a. The session permitted the BoV members, advisors, the executive secretariat
and WHINSEC faculty and staff to get to know one another and enabled the BoV to
learn about WHINSEC and its operations. The BoV received detailed briefings on the
Institute’s activities since its activation on 17 January 2001; met with WHINSEC faculty,

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SUBJECT: Report of Session, 3-4 June 2002 of the Board of Visitors for the
Western Hemisphere Institute for Security Cooperation
staff and students in discussions covering a myriad of topics; met with local post and
civilian governmental officials and toured the Institute’s facilities. Members of the BoV
had a very positive initial impression of the Institute.
b. Ten members of the U.S. general public (including four journalists) attended
various portions of this meeting. One member addressed the BoV noting his opposition
to the institute and U.S foreign policy in the Hemisphere but stating that the BoV
appeared focused on providing independent oversight as called for by the law.
6. Results of Session.
a. The BoV decided that this session would be of organization and information
gathering. It will convene for its annual meeting on December 12-13, 2002. While the
BoV members observed that the Institute was meeting the requirements of the
legislation, they wanted to look more deeply and broadly into the Institute’s activities
before providing their formal observations and recommendations to the Secretary of
Defense.
b. The members elected as Chairman, Ambassador (ret) Dennis Jett and as
Vice Chairman, Mr. Steven Schneebaum and approved a curriculum sub-committee with
Dr. Lincoln and Dr Avant as co-chair and Ambassador Sorzano volunteering to serve
1
and MG Speer and Deputy Assistant Secretary Fisk stating that they ywould7send
4, 20
Ma
nwill meet and report its
o
representation for their respective agencies. This sub-committee
ived
arch
observations and recommendations to the other board3members prior to the annual
4 2
4-16
No. the
session. The Board also approved a liaisonewith 1 WHINSEC Human Rights
ns ,
fe
f De
Committee. Vice Chairman Schneebaum will serve as the HR Liaison and attend
p't. o
. De
Human Rights committee nesi v
sessions and report his observations to the BoV members.
era
in
cited

Cam

d. The Board decided to:
(1) modify its draft By-Laws and vote them final at the annual session.
The Board’s executive secretariat will assist the Board.
(2) look into legislative wording to assist the Institute with its guest
instructor program.
(3) conduct an interim visit by the BoV Curriculum Sub-committee before
the annual session.
e. The DFO will file all information with the appropriate agencies and make the
information available to the public as required by Army and DOD policy

John C. Speedy, III
DAMO-SS, Army G3
Designated Federal Official and Executive
Secretary to the BoV WHINSEC

Encls

Dennis Jett
Chairman, BoV WHINSEC