IN RE: GUANTANAMO BAY DETAINEE LITIGATION

Filing 1237

NOTICE Of Filing Protected Information by GEORGE W. BUSH, DONALD RUMSFELD, JAY HOOD, MICHAEL BUMGARNER (Avila, David)

IN RE: GUANTANAMO BAY DETAINEE LITIGATION

Doc. 1237

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA ) ) ) ) ) ) ) ) ) ) Misc. No. 08-442 (TFH) Civil Action No. 05-CV-2186 (ESH)

IN RE: GUANTANAMO BAY DETAINEE LITIGATION

NOTICE OF FILING PROTECTED INFORMATION NOTICE is hereby given that, pursuant to the protective order entered herein by the Court's Order of September 11, 2008, and pursuant to the Court's Order of December 2, 2008, respondents have filed with the Court an unclassified factual return for petitioner Ha'il Aziz Ahmed Al Maythali, ISN 840, which respondents seek to have designated as "protected information." In accordance with paragraph 49 of the protective order, the submission was filed under seal pursuant to Local Civil Rule 5.1(j). Respondents have disclosed the protected information to petitioner's counsel and are conferring with counsel in an attempt to reach an agreement regarding the designation of the information prior to filing a motion with the Court; following the outcome of that conferral, respondents will file an appropriate motion with the Court to have the information designated as "protected." Respondents, however, do not object to petitioner's counsel sharing the submission with the petitioner-detainee in this case.

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Dated: December 12, 2008

Respectfully submitted, GREGORY G. KATSAS Assistant Attorney General JOHN C. O'QUINN Deputy Assistant Attorney General /s/ David P. Avila JOSEPH H. HUNT (D.C. Bar No. 431134) VINCENT M. GARVEY (D.C. Bar No. 127191) TERRY M. HENRY ANDREW I. WARDEN PAUL E. AHERN DAVID P. AVILA Attorneys United States Department of Justice Civil Division, Federal Programs Branch 20 Massachusetts Avenue, N.W. Washington, DC 20530 Tel: [phone] Fax: [phone] Attorneys for Respondents

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CERTIFICATE OF SERVICE I hereby certify that on December 12, 2008, I caused the foregoing Notice of Filing Protected Information without the attached unclassified factual return for Petitioner Ha'il Aziz Ahmed Al Maythali, to be served on counsel for Petitioner Ha'il Aziz Ahmed Al Maythali by electronic means through the Court's Case Management Electronic Case File system. I also hereby certify that on December 12, 2008, I caused the unclassified factual return for Petitioner Ha'il Aziz Ahmed Al Maythali attached to the forgoing Notice of Filing Protected Information to be served on counsel for Petitioner Ha'il Aziz Ahmed Al Maythali via e-mail. /s/ David P. Avila DAVID P. AVILA Attorney United States Department of Justice Civil Division, Federal Programs Branch 20 Massachusetts Avenue, N.W. Washington, DC 20530 Tel: [phone] Fax: [phone]

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