Filing 1718

NOTICE -- Respondents' Global Notice Regarding Production of Exculpatory Information by ROBERT GATES, DAVID M. THOMAS, JR, BRUCE VARGO, GEORGE W. BUSH (Henry, Terry)

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IN RE: GUANTANAMO BAY DETAINEE LITIGATION Doc. 1718 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA ____________________________________ ) ) ) ) ) ) ) ) ) Misc. No. 08-442 (TFH) Civil Action No. 08-CV-1440 (CKK) IN RE: GUANTANAMO BAY DETAINEE LITIGATION RESPONDENTS' GLOBAL NOTICE REGARDING PRODUCTION OF EXCULPATORY INFORMATION Pursuant to Section I.D.1 of the Court's coordinated Case Management Order ("CMO") of November 6, 2008, as amended on December 16, 2008, which has been adopted for purposes of this case unless otherwise provided, see Order of March 5, 2009 (Dkt. 57), the Government has reviewed the information reviewed by attorneys preparing all factual returns for the Guantanamo habeas proceedings, as well as evidence discovered while litigating the cases, for information that "tends materially to undermine the information presented to support the government's justification for detaining" petitioners. This review built upon prior processes for including such information in the factual returns, and included additional reasonable and systematic searches within the relevant universe of information, including for information that would materially undermine the credibility of any fact witness the Government relies upon to justify petitioners' detention. The Government has disclosed information required by Section I.D.1, if any, as set forth in the supplemental certification pertaining to production of exculpatory information filed in the individual above-captioned case. See dkt. no. 73. If any further exculpatory information becomes known to the Government, it shall be disclosed as soon as practicable pursuant to Section I.D.2 of the CMO. Respectfully submitted, MICHAEL F. HERTZ Acting Assistant Attorney General JOSEPH H. HUNT Director /s/ Terry M. Henry Assistant Branch Director /s/ Paul E. Ahern ANDREW I. WARDEN PAUL E. AHERN Attorneys United States Department of Justice Civil Division, Federal Programs Branch 20 Massachusetts Avenue N.W. Washington, DC 20530 Tel: (202) 514-4107 Attorneys for Respondents 2

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