IN RE: GUANTANAMO BAY DETAINEE LITIGATION

Filing 1426

MOTION for Order to Confirm Designation of Unclassified Factual Returns as Protected Information by GEORGE WALKER BUSH, DONALD H. RUMSFELD, GEORGE W. BUSH, DONALD RUMSFELD, JAY HOOD, MICHAEL BUMGARNER (Attachments: # 1 Text of Proposed Order)(White, David)

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA ____________________________ ) IN RE: ) ) GUANTANAMO BAY ) DETAINEE LITIGATION ) ) ) ____________________________ ) Misc. No. 08-442 (TFH) Civil Action Nos. 04-CV-1164, 05-CV-1623

[PROPOSED ORDER] Upon consideration of Respondents' Motion to Confirm Designation of Unclassified Factual Returns as "Protected" as provided by Paragraph 34 of the Protective Order entered September 11, 2008, and Petitioners' responses thereto, it is, ORDERED that the motion is hereby GRANTED. The unclassified factual returns produced by Respondents to petitioners' counsel on and after December 11, 2008, are "Protected Information" within the meaning of paragraph 34 of the Protective Order entered September 11, 2008, and shall be accorded the handling specified by Part I.D. of that Order, except that, pursuant to Respondents' consent, each petitioner may be granted access to the unclassified factual return pertaining to himself, and counsel may disclose the unclassified return to the petitioner's witnesses and experts who have agreed in writing to comply with the requirements of ¶¶ 34-45 of the Protective Order regarding the handling and distribution of such information.

Respondents shall not be required to file the unclassified returns with the Clerk of the Court but will be required to submit a copy in chambers when so requested by the Merits Judge.

Dated:

____________________________ United States District Judge

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