IN RE: GUANTANAMO BAY DETAINEE LITIGATION

Filing 1704

NOTICE of Service of Unclassified, Protected Factual Return by GUANTANAMO BAY DETAINEE LITIGATION, ROBERT GATES, DAVID M. THOMAS, JR, BRUCE VARGO, GEORGE W. BUSH (Young, Frederick)

IN RE: GUANTANAMO BAY DETAINEE LITIGATION

Doc. 1704

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA ______________________________ ) ) IN RE: ) GUANTANAMO BAY ) DETAINEE LITIGATION ) ) ______________________________) Misc. No. 08-442 (TFH) Civil Action No. 08-1440 (CKK)

NOTICE OF SERVICE OF UNCLASSIFIED, PROTECTED FACTUAL RETURN NOTICE is hereby given that Respondents have served upon counsel for the petitioner, via e-mail, the unclassified factual return for petitioner Mohammed Abdulmalik, ISN 10025, 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 filed a Motion to Confirm Designation of Unclassified Factual Returns as "Protected" on December 29, 2008. Respondents do not object to petitioner's counsel sharing the unclassified factual return with the petitioner-detainee in this case. We also have no objection to the sharing of information from the unclassified return with individuals, such as witnesses, necessary to the preparation of an individual case, provided such persons comply with the terms of the Court's protective order regarding the handling and distribution of protected information. The protected designation, however, would prevent any other dissemination

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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 unclassified returns. Dated: March 23, 2009 Respectfully submitted, MICHAEL F. HERTZ Acting Assistant Attorney General TERRY M. HENRY Assistant Branch Director /s/ Frederick S. Young ANDREW I. WARDEN PAUL E. AHERN TIMOTHY B. WALTHALL 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, D.C. 20530 Tel: [phone] Fax: [phone] [e-mail] Attorneys for Respondents

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