Filing 1537

ENTERED IN ERROR.....NOTICE of Filing of Declassified, Protected Factual Return by ROBERT M. GATES, DAVID M. THOMAS, JR, BRUCE VARGO, GEORGE WALKER BUSH (tr)(FILED UNDER SEAL) Modified on 1/22/2009 Please disregard as clerk has entered this in error. (tr ).

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IN RE: GUANTANAMO BAY DETAINEE LITIGATION Doc. 1537 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA ) ) ) ) ) ) ) ) ) ) ) ADEL HAMLILY, Petitioner, v. BARACK OBAMA, et al., Respondents. Civil Action No. 05-0763 (JDB) NOTICE OF FILING OF DECLASSIFIED, PROTECTED FACTUAL RETURN NOTICE is hereby given that, pursuant to the Court's December 22, 2008 Case Management Order and the Court's Minute Orders dated January 15 and January 21, 2009, Respondents have filed today the Declassified Factual Return for petitioner Adel Hamlily, ISN 1452, which Respondents seek to have designated as "protected information" pursuant to the protective order entered herein by the Court's Order of September 11, 2008. Respondents will file a motion to confirm designation of declassified factual returns as "Protected" in due course. As noted in the Government's Notice of Service of Declassified, Protected Factual Return And Consent Motion for Extension Of Time to File Declassified Factual Return filed on January 16, 2009, Respondents do not object to petitioner's counsel sharing the Declassified Factual Return with the petitioner-detainee in this case. However, information revealed in this Declassified Factual Return that is not revealed in the Unclassified Factual Return filed in this matter may not be shared with any other individuals, such as witnesses. Moreover, the "Protected" designation would prevent any other dissemination or distribution, including to the public, internet sites, or other recopying or reprinting that would make possible the assembly of a large number of the declassified returns. Because the Declassified Factual Return has been prepared in order to reveal to the petitioner the maximum information possible consistent with the Government's national security obligations, it thus contains sensitive, unclassified information that would need to be redacted prior to public disclosure. Declaration(s) that provide a justification for each item not declassified in the Declassified Factual Return will be filed in due course. Dated: January 21, 2009 Respectfully submitted, MICHAEL F. HERTZ Acting Assistant Attorney General /s/ Frederick S. Young JOSEPH H. HUNT (D.C. Bar No. 431134) VINCENT M. GARVEY (D.C. Bar No. 127191) TERRY M. HENRY PAUL E. AHERN FREDERICK S. YOUNG (D.C. Bar No. 421285) Attorneys United States Department of Justice Civil Division, Federal Programs Branch 20 Massachusetts Avenue, N.W. Washington, DC 20530 Tel: 202-305-9936 Fax: 202-305-2685 E-mail: Attorneys for Respondents 2

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