ABDULRAZZAQ v. TRUMP et al

Filing 190

ORDER granting 189 Motion to Amend/Correct Protective Order. Signed by Judge Emmet G. Sullivan on 1/8/2025. (lcegs1)

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA

NASHWAN AL-RAMER
ABDULRAZZAQ (ISN 10026),
Petitioner,

No. 17-cv-1928 (EGS)

v.
JOSEPH R. BIDEN, JR, et al.,
Respondents.
NASHWAN AL-TAMIR (ISN 10026),
Petitioner,
v.

No. 25-cv-0015 (EGS)

JOSEPH R. BIDEN, JR, et al.,
Respondents.
SECOND AMENDED PROTECTIVE ORDER FOR HABEAS CASES INVOLVING
TOP SECRET/SENSITIVE COMPARTMENTED INFORMATION
AND
PROCEDURES FOR COUNSEL ACCESS TO DETAINEES AT THE UNITED
STATES NAVAL BASE IN GUANTANAMO BAY, CUBA, IN HABEAS CASES
INVOLVING TOP SECRET/SENSITIVE COMPARTMENTED INFORMATION
The Court finds that the above-captioned civil cases involve national security
information or documents, including TOP SECRET/SENSITIVE COMPARTMENTED
INFORMATION (“TS/SCI”), the storage, handling, and control of which require special
security precautions and access to which requires a security clearance and a “need to know.”
These cases might also involve other protected information or documents, the storage,
handling, and control of which might require special precautions in order to protect the
security of the United States and other significant interests. Accordingly, to protect the

national security, and for good cause shown, the Court
ORDERS that the following Second Amended Protective Order for Habeas Cases
Involving TOP SECRET/SENSITIVE COMPARTMENTED INFORMATION (“TS/SCI
Protective Order”) and Procedures for Counsel Access to Detainees at the United States
Naval Base in Guantanamo Bay, Cuba, in Habeas Cases Involving TOP
SECRET/SENSITIVE COMPARTMENTED INFORMATION (“TS/SCI Procedures for
Counsel Access”) apply in the above-captioned cases:
I.

PROTECTIVE ORDER FOR HABEAS CASES INVOLVING TOP
SECRET/SENSITIVE COMPARTMENTED INFORMATION
A. Overview and Applicability
1.

This TS/SCI Protective Order establishes procedures that must be followed by
petitioners and their respective counsel, all other counsel involved in these
matters, interpreters and translators for the parties, personnel or support staff
employed or engaged to assist in these matters, and all other individuals who, in
connection with these matters, receive access to classified national security
information or documents or other protected information, including the
Privilege Team as defined in the TS/SCI Procedures for Counsel Access, see
infra Section II.B.6, and the Special Litigation Team as defined in the TS/SCI
Procedures for Counsel Access, see infra Section II.B.7.

2.

The procedures set forth in this TS/SCI Protective Order apply to all aspects of
these matters and may be modified by further order of the Court upon its own
motion or upon application by any party. The Court retains continuing
jurisdiction to enforce or modify the terms of this TS/SCI Protective Order.

3.

Nothing in this TS/SCI Protective Order precludes the government’s use of
classified information as otherwise authorized by law outside of these matters.

4.

As appropriate and needed, petitioners’ counsel are responsible for advising
their employees, petitioners, and others of this TS/SCI Protective Order’s
contents.

5.

Petitioners’ counsel are bound by the terms and conditions set forth in the
TS/SCI Procedures for Counsel Access, see infra Section II. To the extent such
terms and conditions place limitations on petitioners’ counsel in their access to
and interaction with petitioners or handling of information, this TS/SCI
Protective Order specifically incorporates by reference all terms and conditions

established in the procedures contained in the TS/SCI Procedures for Counsel
Access. Any violation of those terms and conditions also will be deemed a
violation of this TS/SCI Protective Order.
6.

The Privilege Team shall not disclose to any person any information
provided by petitioners’ counsel or petitioners, other than information provided
in a filing with the Court, unless such information, if it were monitored
information, could be disclosed under the TS/SCI Procedures for Counsel
Access. Any such disclosure shall be consistent with the provisions of the
TS/SCI Procedures for Counsel Access.
B. Definitions

7.

8.

As used in this TS/SCI Protective Order, the words “documents” and
“information” include, but are not limited to, all written or printed matter of
any kind, formal or informal, including originals, conforming copies and nonconforming copies, whether different from the original by reason of notation
made on such copies or otherwise, and further include, but are not limited to:
a.

papers, correspondence, memoranda, notes, letters, reports, summaries,
photographs, maps, charts, graphs, interoffice and intra-office
communications, notations of any sort concerning conversations,
meetings, or other communications, bulletins, teletypes, telegrams,
facsimiles, invoices, worksheets, and drafts, alterations, modifications,
changes, and amendments of any kind to the foregoing;

b.

graphic or oral records or representations of any kind, including, but not
limited to, photographs, charts, graphs, microfiche, microfilm,
videotapes, sound recordings of any kind, and motion pictures;

c.

electronic, mechanical or electric records of any kind, including, but not
limited to, tapes, cassettes, disks, recordings, electronic mail, films,
typewriter ribbons, word processing or other computer tapes or disks,
and all manner of electronic data processing storage; and

d.

information acquired orally.

Unless otherwise stated, the terms “classified national security information
and/or documents,” “classified information” and “classified documents” mean:
a.

any classified document or information that was classified by any
Executive Branch agency in the interests of national security or pursuant
to Executive Order, including Executive Order 12958, as amended, or
its predecessor Orders, as “CONFIDENTIAL,” “SECRET,” or “TOP
SECRET,” or additionally controlled as “SENSITIVE
COMPARTMENTED INFORMATION (SCI),” or any classified

information contained in such document;
b.

any document or information, regardless of its physical form or
characteristics, now or formerly in the possession of a private party that
was derived from United States government information that was
classified, regardless of whether such document or information has
subsequently been classified by the government pursuant to Executive
Order, including Executive Order 12958, as amended, or its predecessor
Orders, as “CONFIDENTIAL,” “SECRET,” or “TOP SECRET,” or
additionally controlled as “COMPARTMENTED INFORMATION
(SCI)”;

c.

verbal or non-documentary classified information known to
petitioners or petitioners’ counsel; or

d.

any document and information as to which petitioners or
petitioners’ counsel were notified orally or in writing that such
document or information contains classified information.

9.

All classified documents, and information contained therein, shall remain
classified unless the documents bear a clear indication that they were
declassified by the agency or department that is the original classification
authority of the document or the information contained therein (hereinafter,
“original classification authority”).

10.

The terms “protected information and/or documents,” “protected information,”
and “protected documents” mean any document or information the Court
deems, either sua sponte or upon designation pursuant to paragraph 35 of this
TS/SCI Protective Order or paragraph 34 of the Protective Order first entered
by this Court in 08-mc-442 on September 11, 2008, not suitable for public
filing.

11.

As used in this TS/SCI Protective Order, the term “petitioners’ counsel”
includes attorneys employed or retained by or on behalf of a petitioner for
purposes of representing the petitioner in habeas corpus or other litigation in
federal court in the United States, as well as co-counsel, interpreters/translators,
paralegals, investigators and all other personnel or support staff employed or
engaged to assist in the litigation. Access to classified information by all
persons mentioned in the foregoing sentence is governed by Section I.D of this
TS/SCI Protective Order, and access to protected information by all persons
mentioned in the foregoing sentence is governed by Section I.E of this TS/SCI
Protective Order.

12.

“Access to classified information” or “access to protected information” means
having access to, reviewing, reading, learning, or otherwise coming to know in
any manner any classified information or protected information.

13.

“Secure area” means a physical facility accredited or approved for the storage,
handling, and control of classified information.

14.

“Unauthorized disclosure of classified information” means any knowing,
willful, or negligent action that could reasonably be expected to result in a
communication or physical transfer of classified information to an unauthorized
recipient.

C. Designation of Court Security Officer
15.

The Court designates Harry J. Rucker, Litigation Security Group, U.S.
Department of Justice, as Classified Information Security Officer for these
cases, along with Daniel O. Hartenstine, Daniella M. Medel, Matthew W.
Mullery, Carli V. Rodriguez-Feo, and Winfield S. Slade as Alternate Classified
Information Security Officers (collectively, “CISO” or “CSO”) for the purpose
of providing security arrangements necessary to protect against unauthorized
disclosure of any classified documents or information to be made available in
connection with these cases. Petitioners’ counsel shall seek guidance from the
CSO with regard to appropriate storage, handling, transmittal, and use of
classified documents or information.
D. Access to Classified Information and Documents

16.

Without authorization from the government, no petitioner or petitioner’s counsel
shall have access to any classified information involved in these cases unless
that person has done the following:
a.

received the necessary security clearance as determined by the
Department of Justice Security Officer; and

b.

signed the Memorandum of Understanding (“MOU”), attached hereto as
Exhibit A, agreeing to comply with the terms of this TS/SCI Protective
Order.

17.

Petitioners’ counsel to be provided access to classified information shall execute
the MOU appended to this TS/SCI Protective Order, and shall file executed
originals of the MOU with the Court and submit copies to the CSO and
government counsel. Such execution, filing, and submission of the MOU is a
condition precedent to a petitioner’s counsel having access to, or continued
access to, classified information for the purposes of these proceedings.

18.

The substitution, departure, or removal of any petitioners’ counsel from these
cases for any reason shall not release that person from the provisions of this

TS/SCI Protective Order or the MOU executed in connection with this TS/SCI
Protective Order.
19.

The government shall arrange for one appropriately approved secure area for
petitioners’ counsel’s use. The secure area shall contain a working area
supplied with secure office equipment reasonably necessary for preparing
petitioners’ cases. The government shall bear expenses for the secure area and
its equipment.

20.

The CSO shall establish procedures to ensure that the secure area is accessible to
petitioners’ counsel during normal business hours and at other times on
reasonable request as approved by the CSO. The CSO shall establish
procedures to ensure the secure area is maintained and operated in the most
efficient manner consistent with the protection of classified information. The
CSO or CSO designee may place reasonable and necessary restrictions on the
schedule of use of the secure area in order to accommodate appropriate access to
all petitioners’ counsel in these and other proceedings.

21.

All classified information the government provides to petitioners’ counsel, and all
classified information petitioners’ counsel otherwise possesses or maintains, shall
be stored, maintained, and used only in the secure area.

22.

No documents containing classified information may be removed from the
secure area unless authorized by the CSO or CSO designee supervising the area.

23.

Consistent with other provisions of this TS/SCI Protective Order, petitioners’
counsel shall have access to the classified information made available to them in
the secure area and shall be allowed to take notes and prepare documents with
respect to those materials.

24.

Petitioners’ counsel shall not copy or reproduce any classified information in
any form, except with the CSO’s approval or in accordance with the procedures
established by the CSO for the operation of the secure area.

25.

All documents prepared by petitioners or petitioners’ counsel that contain or
may contain classified information—including, without limitation, notes taken
or memoranda prepared by counsel and pleadings or other documents intended
for filing with the Court—shall be transcribed, recorded, typed, duplicated,
copied, or otherwise prepared only by persons possessing an appropriate
approval for access to classified information. Such activities shall take place in
the secure area on approved word processing equipment and in accordance with
the procedures approved by the CSO. All such documents and any associated
materials containing classified information—such as notes, memoranda, drafts,
copies, typewriter ribbons, magnetic recordings, and exhibits—shall be
maintained in the secure area unless and until the CSO advises that those
documents or associated materials are unclassified in their entirety. None of

these materials shall be disclosed to government counsel unless authorized by
the Court, by petitioners’ counsel, or as otherwise provided in this TS/SCI
Protective Order.
26.

Petitioners’ counsel may discuss classified information within the secure area or
another area authorized by the CSO only. Petitioners’ counsel shall not discuss
classified information over any standard commercial telephone instrument or
office intercommunication system and shall not transmit or discuss classified
information in electronic mail communications of any kind.

27.

The CSO or CSO designee shall not reveal to any person the content of any
conversations he or she hears by or among petitioners’ counsel, nor reveal the
nature of documents being reviewed by them or the work generated by them,
except as necessary to report violations of this TS/SCI Protective Order to the
Court or to carry out their duties pursuant to this TS/SCI Protective Order.
Additionally, the presence of the CSO or CSO designee shall not be construed to
waive, limit, or otherwise render inapplicable the attorney-client privilege or
work product protections.

28.

A petitioner’s counsel is presumed to have a “need to know” all the information
in the government’s possession concerning the detainee or detainees whom that
counsel represents. This presumption is overcome to the extent the government
seeks to withhold from a petitioner’s counsel highly sensitive information or
information concerning a highly sensitive source that the government presents to
the Court ex parte and in camera. Except for good cause shown, the
government must provide notice to petitioner’s counsel the same day it files
such information with the Court ex parte.

29.

Petitioners’ counsel shall not disclose the contents of any classified documents
or information to any person, including counsel in related cases brought by
Guantanamo Bay detainees in this or other courts, except those persons
authorized by this TS/SCI Protective Order, the Court, and counsel for the
government with the appropriate clearances and the need to know that
information. Petitioners’ counsel may seek, on a case-by-case basis,
authorization from appropriate officials to disclose classified information to
appropriately cleared counsel in related cases brought by Guantanamo Bay
detainees in this or other courts or to receive such information from them. Such
authorization shall not be unreasonably withheld. If petitioners’ counsel believe
authorization is being unreasonably withheld, counsel may seek this Court’s
intervention.

30.

Petitioners’ counsel shall not disclose to a petitioner-detainee classified
information not provided by that petitioner-detainee. Should a petitioner’s
counsel desire to disclose classified information not provided by a petitioner-

detainee to that petitioner-detainee, that petitioner’s counsel will provide in
writing to the Privilege Team, see infra Section II.G, a request for release
clearly stating the classified information they seek to release. The Privilege
Team will forward a petitioner’s counsel’s release request to the appropriate
government agency authorized to declassify the classified information for a
determination. The Privilege Team will inform petitioner’s counsel of the
determination once it is made.
31.

Except as otherwise provided herein, no petitioners or petitioners’ counsel shall
disclose or cause to be disclosed any information known or believed to be
classified in connection with any hearing or proceeding in these cases.

32.

Except as otherwise stated in this paragraph, and to ensure the security of the
United States of America, at no time, including any period subsequent to the
conclusion of these proceedings, shall petitioners’ counsel make any public or
private statements disclosing any classified information or documents accessed
pursuant to this TS/SCI Protective Order, including the fact that any such
information or documents are classified. In the event that classified information
enters the public domain, however, counsel is not precluded from making
private or public statements about the information already in the public domain,
but only to the extent that the information is in fact in the public domain.
Counsel may not make any public or private statements revealing personal
knowledge from non-public sources regarding the classified or protected status
of the information or disclosing that counsel had personal access to classified or
protected information confirming, contradicting, or otherwise relating to the
information already in the public domain. In an abundance of caution and to
help ensure clarity on this matter, the Court emphasizes that counsel shall not
be the source of any classified or protected information entering the public
domain. As stated in more detail in paragraph 52 of this TS/SCI Protective
Order, failure to comply with these rules may result in the revocation of
counsel’s security clearance as well as civil and criminal liability.

33.

The foregoing does not prohibit a petitioner’s counsel from citing or repeating
information in the public domain that petitioner’s counsel does not know to be
classified information or a classified document or derived from classified
information or a classified document.

34.

All documents containing classified information prepared, possessed or
maintained by, or provided to, petitioners’ counsel—except filings submitted to
the Court and served on government counsel—shall remain at all times in the
CSO’s control for the duration of these cases. Upon final resolution of these
cases, including all appeals, the CSO shall destroy all such documents.

E. Designation Procedures for and Access to Protected Information and Documents

35.

Should government counsel in these consolidated cases wish to have the Court
deem any document or information “protected,” government counsel shall
disclose the information to qualified counsel for petitioners—i.e., counsel who
have satisfied the necessary prerequisites of this TS/SCI Protective Order for
the viewing of protected information—and attempt to reach an agreement about
the designation of the information prior to filing a motion with the Court.
Petitioners’ counsel shall treat such disclosed information as protected unless
and until the Court rules that the information should not be designated as
protected.

36.

Without authorization from the government or the Court, protected information
shall not be disclosed or distributed to any person or entity other than the
following:
a.

petitioners’ counsel, provided such individuals signed the
Acknowledgment, attached hereto as Exhibit B, attesting to the fact
that they read this TS/SCI Protective Order and agree to be bound by
its terms; and

b.

the Court and its support personnel.

37.

The execution of the Acknowledgment is a condition precedent to a petitioner’s
counsel having access to, or continued access to, protected information for the
purposes of these proceedings. A copy of each executed Acknowledgment shall
be kept by counsel making the disclosure until thirty days after the termination
of this action, including appeals.

38.

The substitution, departure, or removal of a petitioner’s counsel from these cases
for any reason shall not release that person from the provisions of this TS/SCI
Protective Order or the Acknowledgment executed in connection with this
TS/SCI Protective Order.

39.

Petitioners’ counsel shall not disclose the contents of any protected
documents or information to any person, including counsel in related cases
brought by Guantanamo Bay detainees in this or other courts, except as
authorized by this TS/SCI Protective Order, the Court, or government counsel.
Petitioners’ counsel in these cases may share protected information with each
other but only to the extent that counsel have appropriate security clearances
and comply with all other procedures set forth in this TS/SCI Protective Order.
Petitioners’ counsel shall maintain all protected information and documents
received through this proceeding in a confidential manner.

40.

Petitioners’ counsel shall not disclose protected information not provided by a

petitioner-detainee to that petitioner-detainee without prior concurrence of
government counsel or express permission of the Court.
41.

Except as otherwise provided herein, no petitioner or petitioner’s counsel shall
disclose or cause to be disclosed any information known or believed to be
protected in connection with any hearing or proceeding in these cases.

42.

At no time, including any period subsequent to the conclusion of these
proceedings, will petitioners’ counsel make any public or private statements
disclosing any protected information or documents accessed pursuant to this
TS/SCI Protective Order, including the fact that any such information or
documents are protected.

43.

Protected information shall be used only for purposes directly related to these
cases and not for any other litigation or proceeding, except by leave of the
Court. Photocopies of documents containing such information shall be made
only to the extent necessary to facilitate the permitted use hereunder.

44.

Nothing in this TS/SCI Protective Order shall prevent the government from
using for any purpose protected information it provides a party. Nothing in this
TS/SCI Protective Order shall entitle another party to protected information.

45.

Supplying protected information to another party does not waive privilege with
respect to any person or use outside that permitted by this TS/SCI Protective
Order.

46.

Within sixty days of the resolution of these actions, and the termination of any
appeals therefrom, all protected documents or information, and any copies
thereof, shall be promptly destroyed, provided that the party to whom protected
information is disclosed certifies in writing that all designated documents and
materials have been destroyed, and further provided that government counsel
may retain one complete set of any such materials that were presented in any
form to the Court. Any such retained materials shall be placed in an
envelope or envelopes marked “Protected Information Subject to Protective
Order.” In any subsequent or collateral proceeding, a party may seek discovery
of such materials from the government, without prejudice to the government’s
right to oppose such discovery or its ability to dispose of the materials pursuant
to its general document retention policies.
F.

Procedures for Filing Documents

47.

DELETED.

48.

Filings by Petitioners. Any pleading or other document filed by petitioners shall
be filed, along with three copies, under seal with the CSO by 4:00 p.m., unless
the petitioner obtains from the CSO permission, specific to a particular, non-

substantive pleading or document (e.g., motions for extensions of time,
continuances, scheduling matters) not containing information that is or may be
classified or protected, to file the pleading or document not under seal. Such
pleading or document must be marked with the appropriate classification
marking (e.g., “TOP SECRET/SENSITIVE COMPARTMENTED
INFORMATION”), if any. The time of physical submission to the CSO shall be
considered the date and time of filing. At the time of making a submission to
the CSO, petitioners’ counsel shall file on the public record in the CM/ECF
system a “Notice of Filing,” notifying the Court that the submission was made to
the CSO and specifying in general terms the nature of the filing without
disclosing any potentially classified information.
a.

Upon receipt, the CSO will deliver to the Court and government
counsel any pleading or other document petitioners file. The CSO will
forward the document to the appropriate government agencies and
departments for their determination as to whether the pleading or
other document contains classified information. To facilitate this
review, petitioners’ counsel shall identify each paragraph of a
document that counsel believe may contain classified information by
marking each paragraph with an appropriate classification marking or
otherwise specifically identifying such paragraphs. If, following
review by the appropriate government agencies and departments, it is
determined that the pleading or other document contains classified
information, the CSO must ensure that the document is marked with
the appropriate classification marking and that the document remains
under seal. The CSO will work with the appropriate government
agencies or departments to prepare a redacted version of the pleading
or other document appropriate for filing on the public record. Counsel
shall then file the redacted version of the document in the CM/ECF
system with a notation in the upper right hand corner of the first page
stating “REDACTED VERSION FOR PUBLIC FILING CLEARED
BY CSO.” The docket entry description in the CM/ECF system for
the document suitable for public viewing shall make specific
reference to the earlier docket entry notifying the Court that the
document was submitted to the CSO for review.

b.

If it is determined that the entire pleading or other document is
classified, petitioners’ counsel shall file notice in the CM/ECF system
listing the caption of the case, a version of the title of the document
that does not disclose classified or protected information, and a brief
statement that the CSO informed counsel that the entire document is
classified. The docket entry description in the CM/ECF system for the
document suitable for public viewing shall make specific reference to
the earlier docket entry notifying the Court that the document was
submitted to the CSO for review.

49.

c.

If it is determined that the pleading or other document does not
contain classified information, counsel shall file the full submission in
the CM/ECF system consistent with the regular electronic filing
practices of this Court, see LCvR 5.4, and make specific reference to
the earlier docket entry notifying the Court that the document was
submitted to the CSO for review. The docket entry description shall
also state that the CSO approved public filing of the document. The
underlying document filed in the CM/ECF system shall contain a
notation in the upper right hand corner of the first page stating
“PREVIOUSLY FILED WITH CSO AND CLEARED FOR PUBLIC
FILING.”

d.

If it is determined that the pleading or other document does not
contain classified information but does contain protected
information, counsel shall file the pleading or document in
accordance with the procedures outlined in Section I.F.50 of this
TS/SCI Protective Order.

Classified Filings by Respondents.
a. Any pleading or other document filed by respondents’ counsel containing
classified information shall be filed, along with three copies, under seal with
the Court through the CSO by 4:00 p.m. The time of physical submission to
the CSO shall be considered the date and time of filing. The CSO shall serve
a copy of any classified pleading or document on petitioners’ counsel at the
secure facility. At the time of making a submission to the CSO, respondents
shall file on the public record in the CM/ECF system a “Notice of Filing,”
notifying the Court that a submission was made to the CSO and specifying in
general terms the nature of the filing without disclosing any potentially
classified information. As soon as practicable following the original filing
date, respondents’ counsel shall file in the CM/ECF system a version of the
pleading or document appropriate for filing on the public record, consistent
with the procedures outlined in paragraphs 48.a-d of this TS/SCI Protective
Order.
b. Nothing herein requires the government to disclose classified information.
Additionally, nothing herein prohibits the government from submitting
classified information to the Court in camera or ex parte in these proceedings
or entitles petitioners or petitioners’ counsel access to such submissions or
information. Except for good cause shown in the filing, the government
shall provide petitioners’ counsel or petitioners with notice served on
petitioners’ counsel on the date of the filing.

50.

Protected Information Filing by Petitioners and Respondents.

a. The presence, or potential presence, of protected information in any pleading
or document that is governed by paragraph 48 or paragraph 49 of this
TS/SCI Protective Order shall not affect the method of filing such pleading
or document; it shall be governed by paragraph 48 or 49, as applicable. Any
pleading or other document that does not contain classified information but
that contains protected information shall be filed under seal pursuant to
Local Civil Rule 5.1(j). Further, any pleading or other document that does
not contain classified information but that petitioners’ counsel or respondents
have reason to believe contains or petitioners’ counsel is uncertain whether it
contains protected information shall be filed under seal pursuant to Local
Civil Rule 5.1(j). At the time of the submission of a filing containing
protected but not classified information, the party shall file on the public
record in the CM/ECF system a “Notice of Filing,” notifying the Court
that a protected information submission was made and specifying in general
terms the nature of the filing without disclosing any potentially protected
information. As soon as practicable following the original filing date,
counsel for the party submitting the protected information shall file in the
CM/ECF system a version of the pleading or document appropriate for filing
on the public record, consistent with the procedures outlined in paragraphs
48.a-d of this TS/SCI Protective Order.
b. This TS/SCI Protective Order shall constitute authorization for petitioners
and respondents to file protected information under seal. That is, no
motion to seal is required at the time of submission of the pleading or
document to the Clerk’s Office. Procedures for designation of protected
information shall be governed by paragraph 35 of this TS/SCI Protective
Order.
c. Nothing herein requires the government to disclose protected information.
Additionally, nothing herein prohibits the government from submitting
protected information to the Court in camera or ex parte in these proceedings
or entitles petitioners or petitioners’ counsel access to such submissions or
information. Except for good cause shown in the filing, the government
shall provide counsel for the petitioner or petitioners with notice served on
counsel on the date of the filing.
51.

Disclosure of Protected or Classified Information on the Public Record. In the
event respondents believe that a party has disclosed classified or protected
information on the public docket, respondents shall notify the CSO, who shall
work with the Clerk’s Office to remove the filing from the public docket. A
copy of the filing shall then be lodged with the CSO and treated according to
paragraphs 48.b or 48.c of this TS/SCI Protective Order. Nothing herein limits
the government’s authority to take necessary remedial action to ensure the
protection of the classified or protected information.
G. Procedures for Filing Documents

52.

Any unauthorized disclosure of classified information may constitute violations
of United States criminal laws. Additionally, any violation of the terms of this
TS/SCI Protective Order shall be immediately brought to the attention of the
Court and may result in a charge of contempt of Court and possible referral for
criminal prosecution. See, e.g., Executive Order 12958, as amended. Any
breach of this TS/SCI Protective Order may also result in the termination of
access to classified information and protected information. Persons subject to
this TS/SCI Protective Order are advised that direct or indirect unauthorized
disclosure, retention, or negligent handling of classified documents or
information could cause damage to the national security of the United States or
may be used to the advantage of an adversary of the United States or against the
interests of the United States. Persons subject to this TS/SCI Protective Order
are also advised that direct or indirect unauthorized disclosure, retention, or
negligent handling of protected documents or information could risk the security
of United States government personnel and facilities and other significant
government interests. This TS/SCI Protective Order is to ensure that those
authorized to receive classified information and protected information will not
divulge this information to anyone who is not authorized to receive it without
prior written authorization from the original classification authority and in
conformity with this TS/SCI Protective Order.

53.

The termination of these proceedings shall not relieve any person or party
provided classified information or protected information of his, her, or its
obligations under this TS/SCI Protective Order.

II.

PROCEDURES FOR COUNSEL ACCESS TO DETAINEES AT THE UNITED
STATES NAVAL BASE IN GUANTANAMO BAY, CUBA, IN HABEAS CASES
INVOLVING TOP SECRET/SENSITIVE COMPARTMENTED
INFORMATION
A. Applicability
1.

Except as otherwise stated in these Procedures for Counsel Access to
Detainees at the U.S. Naval Base in Guantanamo Bay, Cuba, in Habeas
Cases Involving TOP SECRET/SENSITIVE COMPARTMENTED
INFORMATION (“Procedures”), or by other order issued in the United
States District Court for the District of Columbia, the following procedures
shall govern counsel access to certain detainees in the control of the
Department of Defense (“DoD”) at the U.S. Naval Base in Guantanamo Bay,
Cuba (“GTMO”), whose cases may involve TOP SECRET/SENSITIVE
COMPARTMENTED INFORMATION (“TS/SCI”).

2.

These Procedures do not apply to counsel who are retained solely to assist in
a detainee’s defense in a trial by military commission. Access by that counsel
is covered by the Procedures for Monitoring Communications Between
Detainees Subject to Trial by Military Commission and their Defense Counsel
Pursuant to Military Commission Order No. 3.
B. Definitions

3.

“Communications” means all forms of communication between counsel
and a detainee, including oral, written, electronic, or by any other means.

4.

As used in these Procedures, “counsel” means attorneys employed or
retained by or on behalf of a detainee for purposes of representing the
detainee in the United States District Court for the District of Columbia and
admitted, either generally or pro hac vice, in this Court. Unless otherwise
stated, “counsel” also includes co-counsel, interpreters/translators,
paralegals, investigators, and all other personnel or support staff employed or

engaged to assist in the litigation.
5.

“Detainee” means an individual detained by DoD as an alleged
enemy combatant at GTMO.

6.

“Privilege Team” means a team comprised of one or more DoD attorneys
and one or more intelligence or law enforcement personnel who have not
taken part in, and, in the future, will not take part in, any domestic or
foreign court, military commission, or combatant status tribunal proceedings
involving the detainee. If required, the Privilege Team may include
interpreters/translators, provided that such personnel meet these same criteria.

7.

“Special Litigation Team” means a team comprised of one or more
Department of Justice (“DoJ”) attorneys who have not taken part in, and, in
the future, will not take part in, any domestic or foreign court, military
commission, or combatant status tribunal proceedings involving the detainee.
The Special Litigation Team is authorized to represent the Privilege Team
with respect to the execution of its duties.

8.

“Legal mail” means letters written between a detainee’s counsel and the
detainee that are related to the counsel’s representation of the detainee, as
well as privileged documents and publicly filed legal documents relating to
that representation. The Court is the final arbiter of whether documents fall
within the definition of legal mail.
C. Requirements for Access to and Communications with Detainees

9.

10.

Security Clearance.
a.

Counsel must hold a valid, current United States security clearance
at the TS/SCI level or its equivalent, as determined by appropriate
DoD intelligence personnel.

b.

Counsel who possess a valid security clearance shall provide, in
writing, the date of their background investigation, the date such
clearance was granted, the level of the clearance, and the agency that
granted the clearance. Access will be granted only after DoD
verification of the security clearance.

c.

Counsel who do not currently possess a TS/SCI clearance are required
to submit an application for clearance to the Department of Justice,
Litigation Security Division.

Acknowledgment of and Compliance with Access Procedures.
a.

Before being granted access to a detainee, counsel will receive a copy

of these Procedures. To have access to a detainee, counsel must agree
to comply fully with these Procedures and must sign the Affirmation,
attached hereto as Exhibit C, acknowledging an agreement to comply
with them.
b.

c.

d.
11.

This Affirmation will not be considered an acknowledgment by
counsel that these Procedures are legally permissible. Even if
counsel elect to challenge these Procedures, counsel may not
knowingly disobey an obligation imposed by these Procedures until
such time, if any, that the Procedures are modified or revoked by
DoD, a United States District Court or Court of Appeals, or the
United States Supreme Court.
DoD expects that counsel, counsel’s staffs, and anyone acting on
counsel’s behalf will fully abide by the requirements of these
Procedures. Counsel are required to provide DoD with signed
Affirmations from interpreters/translators, paralegals, investigators
and all other personnel or support staff employed or engaged to assist
in the litigation, upon use of those individuals by counsel in a manner
that implicates these Procedures.
Should counsel fail to comply with these Procedures, access to
or communication with detainees will not be permitted.

Verification of Representation.
a.

Prior to being permitted access to a detainee, counsel must provide
DoD with a Notification of Representation. This Notification must
include counsel’s licensing information, business and email addresses,
and phone number, as well as the name of the detainee counsel
represents. Additionally, counsel shall provide evidence of their
authority to represent the detainee.

b.

Counsel shall provide evidence of their authority to represent the
detainee as soon as practicable and, in any event, not later than ten
days after the conclusion of a second visit with a detainee. The Court
recognizes that counsel may not be in a position to present such
evidence after the initial meeting with a detainee. Counsel for
detainees and counsel for respondents shall cooperate to the fullest
extent possible to reach a reasonable agreement on the number of
counsel visits allowed. Should a detainee’s counsel believe the
government is unreasonably limiting the number of visits with the
detainee, counsel may petition the Court at the appropriate time for
relief.

c.

If counsel withdraw from representation of a detainee, or if
representation is otherwise terminated, counsel shall inform

DoD immediately of that change in circumstances.
d.

12.

Counsel must provide DoD with a signed representation stating (a)
that, to the best of counsel’s knowledge after reasonable inquiry, the
source of funds to pay counsel any fees or reimbursement of expenses
are not funded directly or indirectly by persons or entities counsel
believes are connected to terrorism or the product of terrorist activities,
including “Specially Designated Global Terrorists,” identified pursuant
to Exec. Order No. 13,224, 66 Fed. Reg. 49,079 (Sept. 23, 2001) or
Exec. Order No. 12,947, 60 Fed. Reg. 5079 (Jan. 23, 1995), and (b)
counsel has complied with ABA Model Rule 1.8(f).

Logistics of Counsel Visits.
a.

Counsel shall submit to DoJ any request to meet with a detainee.
Requests shall specify dates of availability for a meeting, the desired
duration of the meeting, and the language that will be utilized during
the meeting with the detainee. Reasonable efforts will be made to
accommodate counsel’s requests regarding the scheduling of a
meeting. Once a request is approved, DoJ will contact counsel with
the date and duration of the meeting.

b.

Legal visits shall take place in a room designated by JTFGuantanamo. No more than two attorneys (or one attorney and one
assistant) plus one interpreter/translator shall visit with a detainee at
one time, unless approved in advance by the Commander, JTFGuantanamo. Such approval shall not be unreasonably withheld.

c.

Due to the mission and location of GTMO, certain logistical
details, including arrangements for travel and lodging, will need
to be coordinated by counsel prior to arrival. DoJ will provide
specific information regarding these issues.

d.

In order to travel to GTMO, counsel must have a country and theater
clearance for that specific visit. In order to begin processing
country and theater clearances, counsel must have confirmed flight
information for travel to GTMO and a valid, current United States
security clearance at the TS/SCI level or its equivalent, as determined
by appropriate DoD intelligence personnel. Country and theater
clearances require twenty days to process. Accordingly, counsel shall
provide DoD, through DoJ, with the required information no later than
twenty days prior to the GTMO visit date, or as soon as a visit is
scheduled. Requests for visits made inside of 20 days will not
normally be granted.

D. Procedures for Correspondence Between Counsel and Detainees
13.

Mail Sent by Counsel to Detainees (“Incoming Mail”).
a.

Counsel shall send incoming legal mail for detainees to the Privilege
Team at the appropriate address provided by government counsel.
Each envelope or mailer shall be labeled with the detainee’s name and
Internment Serial Number (“ISN”) and shall include a return address
for counsel sending the materials. The outside of the envelope or
mailer for incoming legal mail shall be labeled clearly with the
following annotation: “Attorney-Detainee Materials-For Mail
Delivery to Detainee.”

b.

Each page of legal mail shall be labeled “Attorney-Detainee
Materials.” No staples, paper clips or any non-paper items shall be
included with the documents.

c.

Upon receiving legal mail from counsel for delivery to the detainee,
the Privilege Team shall open the envelope or mailer to search the
contents for prohibited physical contraband. Within two business
days of receipt of legal mail, and assuming no physical contraband is
present, the Privilege Team shall forward the mail to military
personnel at GTMO in a sealed envelope marked “Legal Mail
Approved by Privilege Team” and clearly indicating the identity of
the detainee to whom the legal mail is to be delivered. The Privilege
Team shall return to the sender any incoming mail that does not
comply with the terms of paragraphs 13.a and 13.b of these
Procedures.

d.

Within two business days of receipt of legal mail from the Privilege
Team, personnel at GTMO shall deliver the envelope or mailer
marked by the privilege team as “Legal Mail Approved by Privilege
Team” to the detainee without opening the envelope or mailer. If
counsel desire confirmation that documents were delivered to the
detainee, counsel shall provide a stamped, self-addressed envelope
for that purpose. The detainee shall be responsible for mailing any
confirmation of delivery to counsel as outgoing legal mail. This
method shall be the sole and exclusive means by which confirmation
of delivery is provided to counsel.

e.

Written correspondence to detainees not falling within the definition
of legal mail shall be sent through the United States Postal Service to
the appropriate address provided by government counsel. Nonlegal
mail includes, but is not limited to, letters from persons other than
counsel, including family and friends of the detainee. These nonprivileged communications will be reviewed by military personnel at

GTMO under the standard operating procedures for detainee nonlegal
mail.

14.

f.

Counsel shall treat all information learned from a detainee,
including any oral and written communications with a detainee, as
classified at the SECRET level, unless and until the information is
submitted to the Privilege Team and the Privilege Team, this Court, or
another court determines it to be otherwise. Accordingly, if counsel’s
correspondence contains any summary or recitation of or reference to a
communication with a detainee that has not been previously
determined to be unclassified, the correspondence shall be prepared,
marked, transported and handled as classified material as required by
Executive Order 12958, DOD Regulation 5200.1-R and AI 26, OSD
Information and Security Supplement to DOD Regulation 5200.1R.

g.

Written and oral communications with a detainee, including all
incoming legal mail, shall not include any of the following
information, in any form, unless directly related to the litigation of
this action: (1) information relating to any ongoing or completed
military, intelligence, security, or law enforcement operations,
investigations, or arrests, or the results of such activities, by any
nation or agency; (2) information relating to the current political
events in any country; (3) information relating to security procedures
at GTMO, including names of U.S. Government personnel and the
layout of camp facilities; or (4) information relating to the status of
other detainees.

Mail Sent by Detainees to Counsel (“Outgoing Mail”).
a.

Detainees will be provided with paper to prepare communications to
counsel. In the presence of military personnel, the detainee will seal
the written communication in an envelope and it will be annotated as
“Attorney-Detainee Materials-For Delivery To Counsel.” Each
envelope shall be labeled with the detainee’s and counsel’s names
and the detainee’s ISN. Envelopes annotated with the names of
persons other than the detainee’s counsel, including family, friends, or
other attorneys, shall be processed according to the standard operating
procedures for detainee nonlegal mail.

b.

Pending an appropriate classification review by the Privilege Team,
any outgoing legal mail will be handled as if it is classified at the
SECRET level, as defined by the TS/SCI Protective Order.

c.

Military personnel will collect the outgoing legal mail within one
business day of being notified by a detainee that the communication is
prepared for sealing and mailing.

d.

After outgoing legal mail is collected from a detainee, the envelope
will be sealed into a larger envelope by military personnel at GTMO.
The larger envelope will be marked as “Attorney-Detainee MaterialsFor Delivery To Counsel” and will be annotated with the detainee’s
and counsel’s names and the detainee’s ISN. The outgoing legal mail
will be placed into a courier bag, which will then be locked and hand
delivered to a Privilege Team member at GTMO. The Privilege
Team member will send all approved legal mail to the secure facility in
the Washington, D.C., area through a secure electronic point-to-point
transfer system, or via a government-designated courier in a sealed
container, in a manner designed to protect the classified material and
attorney-client confidentiality. All originals of outgoing legal mail
will be stored in a safe located in the secure area at GTMO in a manner
designed to protect the classified material and attorney-client
confidentiality. The Privilege Team will notify counsel via email when
legal mail is received at the secure facility in the Washington, D.C.,
area.

e.

Detainees also are permitted to send nonlegal mail, including written
communications to persons other than counsel, through the United
States Postal Service. These communications shall be reviewed by
military personnel at GTMO under the standard operating
procedures for detainee nonlegal mail.

f.

In the event any nonlegal correspondence or messages from a detainee
to individuals other than his counsel, including family, friends, or other
attorneys, are sent to counsel as, or included with, legal mail, counsel
shall return the documents to military personnel at GTMO for
processing according to the standard operating procedures for detainee
nonlegal mail.

g.

Classified information may not be sent through nonlegal mail channels.

E. Materials Brought into Meetings with Detainees and Counsel
15.

Counsel shall bring only approved legal mail, writing utensils, and paper
into any meeting with a detainee, unless counsel receives prior approval
from the Commander, JTF-Guantanamo. The Commander shall not
unreasonably withhold approval for counsel to bring into a meeting with a
detainee letters, tapes, or other communications introducing counsel to the
detainee, if the government has first reviewed the communication and
determined that sharing the communication with the detainee would not
threaten the security of the United States. All legal mail counsel seeks to
bring into a meeting with a detainee must be processed under the general
review procedures of paragraph D.13 of these Procedures and be
submitted to the Privilege Team for review and return at least 14 days

prior to counsel’s scheduled visit. During a meeting, counsel may provide
the detainee with any written documents that were approved to be brought
into the meeting. Subject to an appropriate contraband review, the detainee
may bring back to his cell all such privileged documents and any
documents, notes, and communications created by the detainee and counsel
during the course of the meeting.
16.

Written and oral communications with a detainee, including all documents
brought into a meeting with a detainee, shall not include any of the
following information, in any form, unless directly related to the litigation
of this action: (1) information relating to any ongoing or completed
military, intelligence, security, or law enforcement operations,
investigations, or arrests, or the results of such activities, by any nation or
agency; (2) information relating to the current political events in any
country; (3) information relating to security procedures at GTMO, including
names of U.S. Government personnel and the layout of camp facilities; or
(4) information relating to the status of other detainees.
F. Materials Brought out of Meetings with Detainees and Counsel

17.

Even if unclassified when brought into meetings, all materials brought out
of meetings with detainees and counsel are presumptively SECRET .
Upon completion of counsel’s visit to GTMO, a Privilege Team member at
GTMO will review originally unclassified materials brought out of the
meeting to determine whether they were modified in any way.

18.

Upon completion of each meeting with a detainee or during any break in a
meeting session, counsel will give the notes or documents used or produced
during the meeting, except those left in the detainee’s possession, to a
designated individual at GTMO. These materials shall be sealed in
counsel’s presence and handled as SECRET material. If further meetings
are scheduled at which some or all of these materials may be used, counsel
will identify which materials may be used. The identified materials will be
placed in a separate envelope and made available to counsel for use at the
next meeting.

19.

Upon completion of counsel’s visit to GTMO, unclassified materials shall be
sealed in counsel’s presence and placed in an envelope labeled as “AttorneyDetainee Meeting Documents–For Delivery to Counsel.” The envelope shall
be sealed into a larger envelope marked as “Attorney-Detainee Meeting
Documents- For Mail Delivery To Counsel” and annotated with the detainee’s
and counsel’s names and the detainee’s ISN. The envelope shall be sealed
and, within two business days following completion of counsel’s visit to
GTMO, mailed to an address provided by counsel or, if no address is
provided, to the secure facility in the Washington, D.C., area. Materials
other than unclassified materials also shall be sealed in counsel’s presence and

placed in an envelope labeled as “Attorney-Detainee Meeting Documents–For
Delivery to Counsel.” The envelope shall be sealed into a larger envelope
marked as “Attorney-Detainee Meeting Documents-For Delivery To Counsel”
and annotated with the detainee’s and counsel’s names and the detainee’s ISN.
The envelope will be placed into a courier bag, which will then be locked and
hand delivered to a Privilege Team member at GTMO. The Privilege Team
member will send the materials to the secure facility in the Washington, D.C.,
area through a secure electronic point- to-point transfer system, or via a
government-designated courier in a sealed container, in a manner designed to
protect the classified material and attorney- client confidentiality. The
original materials will be stored in a safe located in the secure area at GTMO
in a manner designed to protect the classified material and attorney-client
confidentiality. The Privilege Team will notify counsel via email when the
electronic materials are received at the secure facility in the Washington,
D.C., area.
20.

Correspondence or messages from a detainee to individuals other than his
counsel, including family, friends, or other attorneys, will not be handled
through this process. If a detainee provides these communications to counsel
during a visit, counsel shall give those communications to military personnel
at GTMO to be processed under the standard operating procedures for
detainee nonlegal mail.
G. Classification Determination of Detainee Communications

21.

Pending an appropriate classification review, all information provided and
materials sent by a detainee to counsel or, subject to the review described
above, brought out of a meeting by counsel shall be handled and treated
as classified at the SECRET level.

22.

Counsel may submit information learned from a detainee to the Privilege
Team located at the secure facility in the Washington, D.C., area for a
determination of its appropriate security classification. Counsel shall
memorialize the information submitted for classification review into a written
memorandum outlining as specifically as possible the information for which
counsel requests a classification determination. All documents submitted for
classification review shall be transported, prepared, handled, and treated in a
secure manner, as required by Executive Order 12958, DOD Regulation
5200.1-R and AI 26, OSD Information Security Supplement to DOD
Regulation 5200.1R. No information derived from these submissions shall be
disclosed outside the Privilege Team pursuant to these Procedures until the
Privilege Team has reviewed it for security and intelligence purposes. With
counsel’s consent, the Privilege Team may consult with an individual or
individuals in appropriate federal agencies for the purpose of identifying
classified information and marking documents with the appropriate
classification. If counsel does not consent to such consultation, information

for which consultation is required will remain classified. Absent express
consent of the Court, or except as otherwise provided in these Procedures, the
submissions shall not be disclosed to any person involved in the interrogation
of a detainee, and no such individual may make any use of those
communications, nor shall the submissions be disclosed to any government
personnel involved in any domestic or foreign court, military commission, or
combatant status tribunal proceedings involving the detainee.
23.

Other than information contained in a court filing that is served on
government counsel, the Privilege Team shall not disclose outside the
Privilege Team any information counsel submit for classification review,
except as provided by these Procedures or as permitted by counsel who
submitted the information or the Court, or unless the disclosure is to the
Special Litigation Team for the purpose of representing the Privilege Team.
The Special Litigation Team may not disclose information provided by the
Privilege Team or any information counsel provides to the Privilege Team
for review, except as provided by these Procedures or as permitted by
counsel who submitted the information or the Court. Through the Special
Litigation Team, the Privilege Team may inform the Court of any issues or
problems related to the release or processing of information related to a case.

24.

All materials submitted for classification review must be in legible
handwriting or transcribed by typewriter or computer. Materials that are
not in English must be accompanied by an English translation. Each page of
a document submitted for classification review shall be marked “AttorneyDetainee Materials” and “Classified.”

25.

As soon as possible after conducting the classification review, the
Privilege Team shall advise counsel of the classification levels of the
information contained in the materials submitted for review. The Privilege
Team shall forward its classification determination directly to counsel after
a review and analysis period not to exceed, from the time of receipt by the
privilege team:

26.

a.

seven business days for information written in English;

b.

fourteen business days for any information that includes writing in
any language other than English, to allow for translations by the
privilege team; and

c.

twenty business days for any information where the Privilege Team
has reason to believe that a code was used, to allow for further
analysis.

While conducting classification review, the Privilege Team shall promptly
report to the Commander, JTF-Guantanamo any information that reasonably

could be expected to result in immediate and substantial harm to the national
security. In his discretion, the Commander, JTF-Guantanamo may
disseminate the relevant portions of the information to law enforcement,
military, and intelligence officials, as appropriate.
27.

If, at any time, the Privilege Team determines that information in the
documents submitted for classification review relates to imminent acts of
violence, the Privilege Team shall report the contents of those documents to
the Commander, JTF-Guantanamo. In his discretion, the Commander,
JTF-Guantanamo may disseminate the relevant portions of the information
to law enforcement, military, and intelligence officials, as appropriate.
H. Telephonic Access to Detainees

28.

Requests for telephonic access to a detainee by counsel or other
persons normally will not be approved. Such requests may be
considered on a case-by-case basis due to special circumstances and
must be submitted to Commander, JTF-Guantanamo.

29.

Any telephonic access by counsel is subject to appropriate security
procedures. Such procedures shall not include contemporaneous monitoring
or recording.

30.

Any telephonic access by persons other than counsel is subject to
appropriate security procedures, including contemporaneous monitoring
and recording.

I.

Counsel’s Handling and Dissemination of Information from Detainees

31.

Subject to the terms of the TS/SCI Protective Order, see supra Section I, and
any other applicable protective order, counsel may disseminate the
unclassified contents of a detainee’s communications for purposes reasonably
related to their representation of that detainee.

32.

Counsel shall treat all information learned from a detainee, including any oral
and written communications with a detainee, as information classified at the
SECRET level, unless and until the information is submitted to the Privilege
Team and determined to be otherwise. All classified material must be
handled, transported and stored in a secure manner, as provided by Executive
Order 12958, DOD Regulation 5200.1-R and AI 26, OSD Information
Security Supplement to DOD Regulation 5200.1R. All documents containing
information about or related to materials classified at the TS/SCI level shall
be handled in accordance with the security procedures established in the
TS/SCI Protective Order and these Procedures. Materials classified at the
TS/SCI level shall not be handled by counsel outside the designated areas
while at GTMO. All classified material created by counsel or the detainee

that relates to a detainee’s case shall be transmitted from GTMO to the secure
facility in the Washington, D.C., area through a secure electronic point-topoint transfer system, or via a government-designated courier in a sealed
container, in a manner designed to protect the classified material and
attorney-client confidentiality.
33.

Counsel shall disclose to DoJ or Commander, JTF-Guantanamo any
information learned from a detainee involving future events that threaten
national security or involve imminent violence.

34.

Counsel may not divulge classified information not learned from the detainee
to the detainee. Counsel may not otherwise divulge classified information
related to a detainee’s case to any person, except those authorized under
these Procedures or the TS/SCI Protective Order, the Court, and government
counsel with the requisite security clearance and need to know.
J. JTF-GTMO Security Procedures

35.

Counsel shall comply with the following security procedures and force
protection safeguards applicable to the U.S. Naval Base in Guantanamo
Bay, Cuba, JTF-Guantanamo and the personnel assigned to or visiting
these locations, as well as any supplemental procedures implemented by
JTF-Guantanamo personnel.

36.

Contraband is not permitted in JTF-Guantanamo, and all visitors are subject to
search upon arrival and departure. Examples of contraband include, but are
not limited to, weapons, chemicals, drugs, and materials that may be used in
an escape attempt. Contraband also includes, but is not limited to, money,
stamps, cigarettes, and writing instruments. No items of any kind may be
provided to a detainee without the advance approval of the Commander, JTFGuantanamo.

37.

Photography or recording of any type is prohibited without the prior approval
of the Commander, JTF-Guantanamo. No electronic communication devices
are permitted. All recording devices, cameras, pagers, cellular phones, PDAs,
laptops, portable electronic devices and related equipment are prohibited in or
near JTF-Guantanamo. Should any of these devices be inadvertently taken
into a prohibited area, the device must be surrendered to JTF-Guantanamo
staff and purged of all information.

38.

Upon arrival at JTF-Guantanamo, security personnel will perform a
contraband inspection of counsel using metal detectors, as well as a physical
inspection of counsel’s bags and briefcases and, if determined necessary, a
physical inspection of counsel’s persons.

39.

Counsel shall not interview or question members of the Joint Task Force

about their duties or interactions with detainees without first obtaining
permission from the Commander, JTF-Guantanamo. Should permission be
unreasonably denied, counsel may seek an order from this Court granting
permission for good cause shown.
40.

Counsel will meet with detainees in conference facilities provided by
GTMO. These facilities are subject to visual monitoring by closed circuit TV
for safety and security reasons. The only other method of visual observation
available is for the door to remain open with military police sitting outside
the door. No oral communications between counsel and the detainees will
be heard.

41.

At the conclusion of meetings with detainees, counsel will again be inspected
using a metal detector and, if deemed necessary, by physical inspection of
their persons.

SO ORDERED.

1/8/2025
DATED: ________________

2025.01.08
14:24:32 -05'00'
United States District Judge

Exhibit A

EXHIBIT A
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA

IN RE:

Misc. No. 08-0442 (TFH)

GUANTANAMO BAY
DETAINEE LITIGATION

Civil Action No. ____________________

MEMORANDUM OF UNDERSTANDING REGARDING ACCESS TO
CLASSIFIED NATIONAL SECURITY INFORMATION
Having familiarized myself with the applicable statutes, regulations, and orders related
to, but not limited to, unauthorized disclosure of classified information, espionage and related
offenses; The Intelligence Identities Protection Act, 50 U.S.C. § 421; 18 U.S.C. § 641;
50 U.S.C. § 783; 28 C.F.R. § 17 et seq.; and Executive Order 12958; I understand that I
may be the recipient of information and documents that belong to the United States and
concern the present and future security of the United States, and that such documents and
information together with the methods and sources of collecting it are classified by the United
States government. In consideration for the disclosure of classified information and
documents:
(1)

I agree that I shall never divulge, publish, or reveal either by word, conduct
or any other means, such classified documents and information unless
specifically authorized in writing to do so by an authorized representative of
the United States government, or as expressly authorized by the TS/SCI
Protective Order entered in the United States District Court for the District of
Columbia in the above-captioned case(s).

(2)

I agree that this Memorandum of Understanding and any other non-

disclosure agreement signed by me will remain forever binding on me.
(3)

I have received, read, and understand the TS/SCI Protective Order entered
by the United States District Court for the District of Columbia in the
above- captioned case(s), and I agree to comply with the provisions thereof.

Dated:______________________

____________________________________

Exhibit B

EXHIBIT B
ACKNOWLEDGMENT
The undersigned hereby acknowledges that he/she has read the Second Amended
Protective Order for Habeas Cases Involving TOP SECRET/SENSITIVE
COMPARTMENTED INFORMATION and Procedures for Counsel Access to Detainees at
the United States Naval Base in Guantanamo Bay, Cuba, in Habeas Cases Involving TOP
SECRET/SENSITIVE COMPARTMENTED INFORMATION, understands its terms, and
agrees to be bound by each of those terms. Specifically, and without limitation, the
undersigned agrees not to use or disclose any protected information or documents made
available to him/her other than as provided by the TS/SCI Protective Order. The
undersigned acknowledges that his/her duties under the TS/SCI Protective Order shall
survive the termination of this case and are permanently binding, and that failure to comply
with the terms of the Protective Order may result in the imposition of sanctions by the
Court.

DATED:

By: ______________________________________
(type or print name)

SIGNED: ________________________________

Exhibit C

EXHIBIT C
AFFIRMATION
The undersigned hereby acknowledges that he/she has read the Procedures for
Counsel Access to Detainees at the U.S. Naval Base in Guantanamo Bay, Cuba, in the
Second Amended Protective Order for Habeas Cases Involving TOP SECRET/SENSITIVE
COMPARTMENTED INFORMATION and Procedures for Counsel Access to Detainees at
the United States Naval Base in Guantanamo Bay, Cuba, in Habeas Cases Involving TOP
SECRET/SENSITIVE COMPARTMENTED INFORMATION, understands its terms, and
agrees to be bound by each of those terms. The undersigned acknowledges that his/her
duties under the Procedures for Counsel Access to Detainees at the U.S. Naval Base in
Guantanamo Bay, Cuba, in Habeas Cases Involving TOP SECRET/SENSITIVE
COMPARTMENTED INFORMATION shall survive the termination of this case and are
permanently binding, and that failure to comply with the terms of the Procedures for
Counsel Access to Detainees at the U.S. Naval Base in Guantanamo Bay, Cuba, in Habeas
Cases Involving TOP SECRET/SENSITIVE COMPARTMENTED INFORMATION may
result in revocation of counsel’s security clearance, suspension or termination of counsel’s
access to the U.S. Naval Base in Guantanamo Bay, Cuba, and/or the imposition of
sanctions by the Court.

DATED:

BY: _________________________________
(type or print name)

SIGNED:_______________________________