MOHAMED et al v. GATES

Filing 105

ORDER granting Respondent's sealed consent motion 104 to deem as protected certain information in the proposed public factual return. See Order for additional deadlines and information. Signed by Judge Richard W. Roberts on 09/20/2011. (DCL)

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
_____________________________
)
ISMAIL MOHAMED et al.,
)
)
Petitioners,
)
)
v.
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Civil Action No. 08-1789 (RWR)
)
ROBERT GATES,
)
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Respondent.
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)
ORDER
On January 25, 2011, the respondent filed a consent motion
to deem protected information highlighted in the proposed public
factual return for petitioner Ismael Arale, also known as Ismail
Mohamed.

On May 12, 2011, Judge Hogan issued an order granting

the government’s motion to designate as protected under the
Protective Order governing the Guantánamo Bay detainee litigation
“sensitive but unclassified information falling within one of the
following six categories”:
1. Names and/or other information that would tend to
identify certain U.S. government employees, FBI Joint
Terrorism Task Force members, or contractors —
specifically, law enforcement officers, agents,
translators, intelligence analysts, or interrogators,
all below the Senior Exectuive Service or General
Officer level — [or] the family members of detainees.
2. Information that would reveal the existence, focus,
or scope of law enforcement or intelligence operations,
including the sources, witnesses, or methods used and
the identity of persons of interest.
3. Information indicating the names or locations,
including geo-coordinates, of locations of interest as
they pertain to counter-terrorism intelligence
gathering, law enforcement, or military operations,

-2where the Government has not previously acknowledged
[publicly] its knowledge of those names or locations.
4. Information that would reveal the Government’s
knowledge of telephone numbers, websites, passwords,
passcodes, and e-mail addresses used by known or
suspected terrorists, or discussions of the manner in
which known or suspected terrorists use these methods
for communications with one another.
5. Information regarding the use, effectiveness, or
details regarding the implementation of certain
interrogation approaches and techniques approved by
Executive Order 13491 and described in the Army Field
Manual No. 2-22.3.
6. Certain administrative data, operational
“nicknames,” code words, dates of acquisition,
including dates of interrogations, and FBI case names
and file numbers, contained in the intelligence
documents included in the factual returns.
In re Guantánamo Bay Detainee Litig., 08-MC-442 (TFH), 2011
U.S. Dist. LEXIS 58856, at *5-7 (D.D.C. May 12, 2011).

Upon

review of the material submitted by the respondent, and in light
of the petitioner’s consent and lack of public objection, it is
hereby
ORDERED that the respondents’ motion [104] to deem as
protected the material highlighted in the accompanying proposed
public factual return be, and hereby is, GRANTED, and the
information identified by the respondents with green highlighting
in the version of the factual return submitted under seal is
deemed protected under paragraphs 10 and 34 of the Protective
Order governing the Guantánamo Bay detainee litigation.
further

It is

-3ORDERED that the respondents file by October 4, 2011, a
properly redacted public version of this factual return on the
public docket.
SIGNED this 20th day of September, 2011.

/s/
RICHARD W. ROBERTS
United States District Judge