IN THE UNITED STATES COURT OF APPEALSFOR THE DISTRICT OF COLUMBIA CIRCUIT

)HAJI BISMULLAH, et al. )

) Petitioners )

) No. 06-1197DONALD H. RUMSFELD, ) Secretary of Defense )

) Respondent )

)

PROTECTIVE ORDER AND PROCEDURES FOR COUNSEL ACCESSTO DETAINEE AT THE UNITED STATES NAVAL BASE

IN GUANTANAMO BAY, CUBA

This matter comes before the Court upon Respondents’ Motion for Protective

Order to prevent the unauthorized disclosure or dissemination of classified national

security information and other protected information that may be reviewed by, made

available to, or are otherwise in the possession of, the petitioners and/or petitioners’

counsel in this case. Pursuant to the general supervisory authority of the Court, in

order to protect the national security, and for good cause shown,

IT IS ORDERED:

Part One – General Provisions and Definitions

1. General Provisions

A. The Court finds that this case involves classified national security information

or documents, the storage, handling and control of which require special

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security precautions, and access to which requires a security clearance and a

“need to know.” This case may also involve other protected information or

documents, the storage, handling and control of which may require special

precautions in order to protect the security of United States Government

personnel and facilities, and other significant Government interests.

B. The purpose of this Protective Order is to establish the procedures that must be

followed by the petitioners and petitioners’ counsel, translators for the parties,

and all other individuals who receive access to classified national security

information or documents, or other protected information or documents, in

connection with this case, including the DoD privilege team.

C. The procedures set forth in this Protective Order will apply to all aspects of this

case, and may be modified by further order of the Court sua sponte or upon

application by any party. The Court will retain continuing jurisdiction to

enforce or modify the terms of this Order.

D. Nothing in this Order is intended to or does preclude the use of classified

information by the Government as otherwise authorized by law outside of these

actions.

E. Petitioners’ counsel shall be responsible for advising their employees, the

petitioners, and others of the contents of this Protective Order, as appropriate

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or needed.

F. All documents marked as classified, and information contained therein, shall

remain classified unless the documents bear a clear indication that they have

been declassified by the agency or department that is the original classification

authority of the document or the information contained therein (hereinafter, the

“original classification authority”).

2. Definitions

A. As used herein, the words “documents” or “information” shall include, but are

not limited to, all written or printed matter of any kind, formal or informal,

including originals, conforming copies and non-conforming copies (whether

different from the original by reason of notation made on such copies or

otherwise), and further include, but are not limited to:

i. 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,

telefacsimiles, invoices, worksheets, and drafts, alterations,

modifications, changes and amendments of any kind to the foregoing;

ii. graphic or oral records or representations of any kind, including, but not

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limited to, photographs, charts, graphs, microfiche, microfilm,

videotapes, sound recordings of any kind, and motion pictures;

iii. 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

iv. information acquired orally.

B. The terms “classified national security information and/or documents,”

“classified information” and “classified documents” refer to:

i. any classified document or information that has been 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;

ii. any document or information, regardless of its physical characteristics,

now or formerly in the possession of a private party that has been

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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 “SENSITIVE COMPARTMENTED INFORMATION

(SCI)”;

iii. verbal or non-documentary classified information known to the

petitioner or petitioners’ counsel; or

iv. any document and/or information as to which the petitioner or

petitioners’ counsel have been notified orally or in writing that such

documents or information contains classified information.

C. The terms “protected information and/or documents,” “protected information”

and “protected documents” refer to information for which the storage, handling

and control require special precautions in order to protect the security of the

United States Government personnel and/or facilities, or other significant

Government interests, and includes:

i. any document or information contained within the records of

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proceedings before the Combatant Status Review Tribunals that:

a. is not classified national security information and/or documents

as defined in § 2.B.; and

b. has not been filed in the public record in this Court as part of the

administrative record.

ii. any information designated by the Government as protected information.

Examples include, but are not limited to, information designated by the

Government as “For Official Use Only,” or “Law Enforcement Sensitive,” or

information which may be reasonably expected to increase the threat of injury

or harm to any person.

The terms defined in § 2.C do not include any document or information that the

Court, upon application by counsel for a party, determines should not be

treated as protected.

D. “Petitioners’ counsel” shall be defined to include an attorney who is employed

or retained by or on behalf of the petitioner for purposes of representing the

petitioner in this litigation, as well as co-counsel, interpreters, translators,

paralegals, investigators, and all other personnel or support staff employed or

engaged to assist in this litigation. Petitioners’ counsel must be U.S. citizens.

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E. “Access to classified information” or “access to protected information” shall

mean having access to, reviewing, reading, learning, or otherwise coming to

know in any manner any classified information or protected information.

F. “Secure area” shall mean a physical facility accredited or approved for the

storage, handling, and control of classified information.

G. “Unauthorized disclosure of classified information” shall mean 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.

H. “Communications” shall mean all forms of communication between counsel

and a detainee, including oral, written, electronic, or by any other means.

I. “Detainee” shall mean an alien detained by DoD as an alleged enemy

combatant at the U.S. Naval Base in Guantanamo Bay, Cuba.

J. “Legal mail” consists only of documents and drafts of documents that are

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intended for filing in this action and correspondence directly related to those

documents that –

i. are directly related to the litigation of this Detainee Treatment Act

action;

ii. address only (a) those events leading up to this detainee’s capture or (b)

the conduct of the CSRT proceeding relating to this detainee; and

iii. do not include any of the following information, in any form:

a. 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;

b. information relating to current political events in any country;

c. information relating to security procedures at the Guantanamo

Naval Base (GTMO) (including names of U.S. Government

personnel and the layout of camp facilities) or the status of other

detainees;

d. publications, articles, reports, or other such material including

newspaper or other media articles, pamphlets, brochures, and

publications by non-governmental or advocacy organizations, or

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any descriptions of such material.

K. “Secondary Materials” consists of any of the materials described in 2.J.iii.,

above, that counsel believes are directly related to the litigation of this

Detainee Treatment Act action.

3. Designation of Court Security Officer

The Court designates Christine E. Gunning as Court Security Officer for this

case, and Joan B. Kennedy, Michael P. Macisso, James P. Londergan, Mary M.

Cradlin, Daniel O. Hartenstine, John P. Molinard, Jennifer Campbell, Erin Hogarty

and Barbara J. Russell as Alternate Court Security Officers, for the purpose of

providing security arrangements necessary to protect from unauthorized disclosure

of any classified documents or information, or protected documents or information,

to be made available in connection with this case. Petitioners’ counsel shall seek

guidance from the Court Security Officer with regard to appropriate storage,

handling, transmittal, and use of classified documents or information.

4. Roles and Functions of the DoD Privilege Team and Special Litigation Team

A. The “DoD privilege team” is comprised of one or more DoD attorneys and one

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or more intelligence or law enforcement personnel. If required, the DoD

privilege team may include interpreters/translators, provided that such

personnel meet these same criteria. The DoD privilege team is charged with

representing and protecting U.S. Government interests related to security and

threat information. The DoD privilege team functions in congruence with the

Court Security Officer under this order to assure that those equities are

protected while assuring attorney-client privilege is not violated. The DoD

privilege team is authorized to review all communications specified in this

order (including written communications and other materials sent from the

counsel to the enemy combatant detainee (and review of communications from

the detainee, to the extent counsel requests such review)). The DoD privilege

team may not disclose those communications from counsel other than

information provided in a filing with the Court served on government counsel,

unless the disclosure of such information is authorized by this order, the Court

or counsel for the detainee.

B. The DoD privilege team is given specific authority to identify and designate

information “Protected Information.” Upon application to this Court, counsel

may request that such material be removed from protected status.

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C. The DoD privilege team, in coordination with the Court Security Officer, may

identify to this Court any issues or problems related to the release or

processing of information related to the cases. The DoD privilege team is

authorized to directly contact this Court on these issues through the “Special

Litigation Team” (see below).

D. A “Special Litigation Team” is authorized to represent the DoD Privilege Team

with respect to execution of their duties. The Special Litigation Team shall,

if needed, comprise one or more attorneys from the Department of Justice.

Such attorneys shall not take part or be involved in litigating the merits of the

petitions in the Guantanamo Bay detainee cases or any other cases brought by

or against the petitioner.

E. The DoD Privilege Team is hereby authorized to disclose to the Special

Litigation Team information otherwise not permissibly disclosable under this

Order. The Special Litigation Team shall not disclose such information

provided by the DoD Privilege Team, or any information submitted by

petitioners’ counsel to the DoD Privilege Team for review, outside the DoD

Privilege Team and the Special Litigation Team, except as provided by this

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Order or as permitted by petitioners’ counsel or by the Court. The Special

Litigation Team may submit filings to the Court concerning the DoD Privilege

Team or actions taken by it that contain or concern information otherwise not

permissibly disclosable.

F. Until otherwise notified, filings made by the Special Litigation Team

containing potentially privileged information shall be made under seal through

the Court Security Officers. Such filings shall contain a conspicuous notation

in substantially the following form, “Filed Under Seal – Contains Privileged

Information.” Filings by counsel for a petitioner challenging DoD privilege

team action that contain privileged information that would otherwise warrant

filing ex parte, likewise shall be filed through the Court Security Officers with

the foregoing notation, conspicuously placed. The Court Security Officers shall

not serve such filings by petitioners’ counsel or the Special Litigation Team on

counsel for respondent, except as authorized by petitioners’ counsel or the

Court. With respect to a filing made under seal, the Special Litigation Team

and involved counsel shall confer regarding a redacted version of the filing

suitable for filing on the public record. Unresolved disputes concerning such

redacted versions may be presented to the Court.

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5. Access to Classified Information and Documents

A. Without authorization from the Government, no petitioner or petitioners’

counsel shall have access to any classified information involved in this case.

B. Authorization from the Government will not be granted unless that person shall

first have:

i. been determined by the Government to have a “need to know” with

respect to the particular classified information at issue;

ii. received the necessary security clearance as determined by the

Department of Justice Security Officer;

iii. signed the Memorandum of Understanding (“MOU”), attached hereto

as Exhibit A, agreeing to comply with the terms of this Protective Order;

iv. if counsel for a “next friend” petitioner, have obtained authorization to

represent the detainee (and to have access to the record) by having the

detainee sign Exhibit D; and

v. if counsel appointed by this Court to a pro se petitioner, have obtained

a signed authorization to represent the detainee.

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C. The Government will provide petitioners’ counsel that has met each of the

requirements of 5.B., above, with access only to material in the CSRT record

for the petitioner that the Government has determined petitioners’ counsel has

a “need to know.”

D. Petitioners’ counsel, to be provided access to classified information, shall

execute the MOU appended to this Protective Order, and shall file executed

originals with the Court and submit copies to the Court Security Officer and

counsel for the Government. The execution and submission of the MOU is a

condition precedent for petitioners’ counsel to have access to, or continued

access to, classified information for the purposes of this proceeding.

E. The substitution, departure, or removal of petitioners’ counsel from this case

for any reason shall not release that person from the provisions of this

Protective Order or the MOU executed in connection with this Order.

F. The Government shall arrange for one appropriately approved secure area for

the use of petitioners’ counsel. The secure area shall contain a working area

that will be supplied with secure office equipment reasonable and necessary to

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the preparation of the petitioners’ case. Expenses for the secure area and its

equipment shall be borne by the Government. Consistent with other provisions

of this 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.

G. The Court Security Officer 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 Court Security Officer.

The Court Security Officer shall establish procedures to ensure that the secure

area may be maintained and operated in the most efficient manner consistent

with the protection of classified information. The Court Security Officer or

Court Security Officer 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 this and other proceedings.

H. All classified information provided by the Government to counsel for

petitioner, and all classified information otherwise possessed or maintained by

petitioners’ counsel, shall be stored, maintained, and used only in the secure

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area. No documents containing classified information may be removed from

the secure area unless authorized by the Court Security Officer or Court

Security Officer designee supervising the area.

I. Petitioners’ counsel shall not copy or reproduce any classified information,

except with the approval of the Court Security Officer or in accordance with

the procedures established by the Court Security Officer for the operation of

the secure area.

J. All documents prepared by petitioner or petitioners’ counsel that do 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 who have received 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 Court Security Officer. All

such documents and any associated materials containing classified information

(such as notes, memoranda, drafts, copies, typewriter ribbons, magnetic

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recordings, exhibits) shall be maintained in the secure area unless and until the

DoD privilege team advises that those documents or associated materials are

unclassified in their entirety. None of these materials shall be disclosed to

counsel for the Government unless authorized by the Court, by petitioners’

counsel or as otherwise provided in this Protective Order.

K. Petitioners’ counsel shall discuss classified information only within the secure

area or in another area authorized by the Court Security Officer, 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.

L. The Court Security Officer or Court Security Officer designee shall not reveal

to any person the content of any conversations she or he may hear 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 Protective Order to the Court or to carry out their duties pursuant to this

Order. In addition, the presence of the Court Security Officer or Court Security

Officer designee shall not operate as a waiver of, limit, or otherwise render

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inapplicable, the attorney-client privilege or work product protections.

M. Except as provided herein, 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 Court or any other

court. Petitioners’ counsel shall not disclose classified information to the

petitioner, unless that information was obtained in the first instance from the

petitioner, and the classification is based solely on the information contained

in the detainee’s statements.

N. Neither petitioner nor counsel to petitioner shall disclose or cause to be

disclosed any information known or believed to be classified in connection

with any hearing or proceeding in this case except as otherwise provided

herein.

O. At no time, including any period subsequent to the conclusion of the

proceedings, shall petitioners’ counsel make any public or private statements

disclosing any classified information or documents accessed pursuant to this

Protective Order, including the fact that any such information or documents are

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classified.

P. As stated in more detail below, failure to comply with these rules may result

in the revocation of counsel’s security clearance, revocation of authorization

to travel to Guantanamo, as well as civil and/or criminal liability.

Q. All documents containing classified information prepared, possessed or

maintained by, or provided to, petitioners’ counsel (except filings submitted

to the Court and served on counsel for the Government), shall remain at all

times in the control of the Court Security Officer for the duration of this case.

Upon final resolution of this case, including all appeals, all such documents

shall be destroyed by the Court Security Officer.

6. Access to Protected Information and Documents, and to Unclassified CSRT

Records.

A. 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:

i. petitioners’ counsel, provided such counsel has signed the

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acknowledgment, attached hereto as Exhibit B, attesting to the fact that

they have read this Protective Order and agree to be bound by its terms,

and they have obtained a signed authorization to represent the detainee

(Exhibit C or D); and

ii. the Court and its support personnel.

B. The execution of the Acknowledgment is a condition precedent for petitioners’

counsel to have access to, or continued access to, protected information for the

purposes of this proceeding. Petitioners’ counsel will also file with the court

copies of the Acknowledgement related to access to protected information. A

copy of each executed Acknowledgment shall be kept by counsel making the

disclosure until thirty (30) days after the termination of this action, including

appeals.

C. The substitution, departure, or removal of petitioners’ counsel from this case

for any reason shall not release that person from the provisions of this

Protective Order or the Acknowledgment executed in connection with this

Protective Order.

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D. Protected information may be transported and handled outside of a secure

facility but may not be displayed publicly, disseminated to or shared with

unauthorized persons, or released publicly without leave of this Court or

specific authorization of the Government.

E. Petitioners’ counsel shall not disclose the contents of any protected documents

or information to any person, to include counsel in related cases brought by

Guantanamo Bay detainees in this Court or any other court. Petitioners’

counsel shall maintain all protected information and documents received

through this proceeding in a confidential manner.

F. Petitioners’ counsel shall not disclose protected information to the petitioner,

unless that information was obtained in the first instance from the petitioner,

unless counsel obtains prior concurrence of counsel for the Government or

express permission of the Court.

G. Neither petitioner nor counsel for petitioner shall disclose or cause to be

disclosed any information known or believed to be protected in connection

with any hearing or proceeding in this case except as otherwise provided

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herein.

H. At no time, including any period subsequent to the conclusion of the

proceedings, will petitioners’ counsel make any public or private statements

disclosing any protected information or documents accessed pursuant to this

Protective Order, including the fact that any such information or documents are

protected.

I. Protected information shall be used only for purposes directly related to this

case 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.

J. Nothing in this Protective Order shall prevent the Government from using for

any purpose protected information it provides a party. Nothing in this

Protective Order shall entitle another party to protected information.

K. Supplying protected information to another party does not waive privilege with

respect to any person or use outside that permitted by this Protective Order.

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L. Within ninety (90) days of the resolution of this action, and the termination of

any certiorari review therefrom, all protected documents or information, and

any copies thereof, provided to petitioners’ counsel 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.

M. Subject to paragraph 6.A., the unclassified portion of the CSRT record will be

provided to counsel at the time the certified index of record is to be filed in this

Court unless the government contests or challenges counsel’s purported

representation of the detainee through a next friend petitioner, in which case

the unclassified record need not be provided to counsel pending resolution of

the government’s challenge and further order of the Court.

7. Procedures for Filing Documents

A. Until further order of this Court, any pleadings or other document filed by a

petitioner shall be filed under seal with the Court through the Court Security

Officer unless the petitioner has obtained from the Court Security Officer

permission, specific to a particular, routine, non-substantive pleading or

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document (e.g., motions for extensions of time, continuances, scheduling

matters, etc.), not containing information that is or may be classified or

protected, to file the pleading or document not under seal. The date and time

of physical submission to the Court Security Officer shall be considered the

date and time of filing with the Court. The Court Security Officer shall

immediately deliver under seal to the Court and counsel for the Government

any pleading or document to be filed by petitioner that contains classified

information or protected information.

The Court Security Officer shall promptly examine the pleading or document

and forward it to the appropriate agencies for their determination whether the

pleading or document contains classified information. If it is determined that

the pleading or document contains classified information, the Court Security

Officer shall ensure that portion of the document, and only that portion, is

marked with the appropriate classification marking and that the document

remains under seal. If it is determined that the pleading or document contains

protected information, the Court Security Officer shall ensure that portion of

the document, and only that portion, remains under seal. Any document filed

by petitioner that is determined not to contain classified information or

protected information, and is not subject to any other restrictions on disclosure,

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shall immediately be unsealed by the Court Security Officer and placed in the

public record. Counsel shall notify the Court in writing of the filing with the

Court Security Officer. The Court shall then direct the clerk to enter on the

docket sheet the title of the pleading or document, the date it was filed, and the

fact that it has been filed under seal with the Court Security Officer.

B. Any pleading or other document filed by the Government containing classified

information shall be filed under seal with the Court through the Court Security

Officer. The date and time of physical submission to the Court Security

Officer shall be considered the date and time of filing with the Court. The

Court Security Officer shall serve a copy of any classified pleadings by the

Government intended for service upon counsel at the secure facility.

In accord with the briefing schedule to be established by this Court, the

Government will file with the Court a public version of the Combatant Status

Review Tribunal administrative record, which is made up of the unclassified

summary of the Combatant Status Review Tribunal and the documents in the

record that do not include classified information. A complete version of the

CSRT record, including the documents containing classified information, will

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be filed with the Court Security Officer for use by the Court. Any departure

from the practice in the foregoing two sentences will be specifically addressed

by the Government in each particular case.

C. Nothing herein shall require the Government to disclose classified or protected

information. Nor shall anything herein prohibit the Government from

submitting classified information or protected information to the Court in

camera or ex parte in these proceedings, or entitle petitioner 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

with notice served on such counsel.

8. Penalties for Unauthorized Disclosure

A. Any unauthorized disclosure of classified information or certain forms of

protected information may constitute violations of United States criminal laws

and make the releaser subject to prosecution or tort action. In addition, any

violation of the terms of this Protective Order shall be immediately brought to

the attention of the Court, and may immediately result in a charge of contempt

of Court and possible referral for criminal prosecution. See e.g., Executive

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Order 12958, as amended. Persons subject to this 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 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

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 Protective

Order.

B. The Government reserves the right to unilaterally take protective measures if

it concludes that any provision of this protective order has been violated or if

there has been unauthorized disclosure of classified information. If the

Government so concludes, it may bar counsel from visiting the U.S. Naval

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Base at Guantanamo Bay, Cuba; may terminate access to classified information

and protected information; and may suspend or revoke security clearances.

The Government may take these actions without consultation with the Court

or counsel.

C. The termination of these proceedings shall not relieve any person or party

provided classified material or protected information of his, her, or its

obligations under this Protective Order.

Part Two – Initiation of Suit under Detainee Treatment Act

9. Petitions for Review Filed by Detainees.

A. If a detainee files a petition pro se (in a letter or other form), as opposed to a

petition being filed by “next friend” petitioner, this Court may appoint an

attorney to act as counsel or amicus on behalf of a detainee that has filed a

petition for review. Counsel appointed to a pro se petitioner will be allowed

one visit to Guantanamo to meet with the detainee (for up to a total of eight

hours) to offer representation on behalf of the detainee. If the detainee has

acknowledged the representation by signing Exhibit C, attached hereto,

appointed counsel may then appear in this Court as counsel to the detainee,

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have access to the legal mail system described herein, and will be afforded

visits to the detainee (as limited under the terms below). If the detainee does

not sign the acknowledgment of representation, counsel appointed by this

Court may appear in this Court as amicus. Counsel appearing as amicus will

not be granted further access to the detainee or be allowed to communicate

with the detainee as his counsel under the procedures for sending legal mail

outlined in this Order.

B. Counsel claiming to have been directly retained by a detainee must provide

DoD with written evidence, such as a signed copy of Exhibit C, establishing

the attorney-client relationship.

C. Once counsel has established an attorney-client relationship with detainee, and

provided sufficient evidence thereof, under the terms set forth above, counsel

will be allowed both access to the legal mail system described herein and to

visit the detainee at Guantanamo Bay, Cuba a maximum of three additional

times to assist in the preparation of this action under the Detainee Treatment

Act, including all stages of review in this Court.

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10. “Next Friend” Lawsuits.

A. The filing of a suit on behalf of a detainee by a “next friend” will not by itself

entitle counsel to visit Guantanamo Bay, Cuba or communicate with a detainee

as his counsel through the legal mail system described herein. The

Government expressly reserves the right to challenge “next friend” standing

under Whitmore v. Arkansas, 495 U.S. 149 (1989), in any such case.

B. Where the Government does not challenge the validity or legal sufficiency of

the next friend petitioner, counsel will be provided one visit to Guantanamo to

meet with the detainee (for up to a total of eight hours) in order to ask the

detainee to sign the form attached hereto as Exhibit D, granting authorization

to represent the detainee and access his CSRT records. Prior to, or during this

visit, counsel may provide the detainee with a copy of the form and may also

include other relevant introductory materials. Those materials are, however,

subject to review as non-privileged materials by the Joint Task Force at the

Guantanamo Naval Base (JTF-GTMO). Such introductory materials must be

limited to a reasonable quantity and must be submitted to JTF-GTMO at least

30 days prior to the visit.

C. If the detainee signs Exhibit D, counsel will be allowed access both to the legal

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mail system described herein and to visit the detainee at Guantanamo Bay,

Cuba a maximum of three additional times to assist in the preparation of this

action under the Detainee Treatment Act, including all stages of review in this

Court. If the detainee does not sign the Exhibit D, then no further visits will

be afforded, counsel will not be afforded access to the legal mail system, and

counsel’s access to the CSRT record will be limited to the unclassified

material.

Part Three – Procedures for Counsel Access to Detainee

11. Applicability

Except as otherwise stated herein or by other order issued by the United States

Court of Appeals for the District of Columbia Circuit, the following procedures shall

govern counsel access to detainees in the control of the Department of Defense

(“DoD”) at the U.S. Naval Base in Guantanamo Bay, Cuba, by counsel for purposes

of litigating the case in which this Order is issued.

12. Requirements for Access to and Communication with Detainees

Visits to the U.S. Naval Base are subject to delay or cancellation based upon

the security and military resource needs at the base. The Commander of the JTF-

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GTMO) may suspend the privilege of visiting Guantanamo if the Commander

determines there is a violation of any provision of this protective order, or in other

appropriate circumstances. Any such cancellation or delay of the visit is at the sole

discretion of the Commander JTF-GTMO. The Commander JTF-GTMO retains the

authority to suspend or terminate any and all visits to the U.S. Naval Base.

A. Security Clearance. Counsel must hold a valid current United States security

clearance at the Secret level or higher, or its equivalent (as determined by

appropriate DoD intelligence personnel). 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

who granted the clearance. Access will be granted only after DoD verification

of the security clearance.

B. Before being granted access to the detainee for visits and the legal mail system

(for counsel qualified under the terms above), counsel must also agree to

comply fully with these procedures set forth in this Order, and must sign an

affirmation acknowledging his/her agreement to comply with them. This

affirmation will not be considered an acknowledgment by counsel that the

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procedures set forth in this order are legally permissible. Even if counsel elects

to challenge these procedures, counsel may not knowingly disobey an

obligation imposed by this Order.

C. Prior to any visit, or access to the legal mail system, counsel must also provide

DoD with a signed representation stating 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 that 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

that counsel has complied with ABA Model Rule 1.8(f).

13. Procedures for Correspondence Between Counsel and Detainee

Counsel qualified (under the terms set forth above) for participation in the legal

mail system shall have access to the privileged mail system described below:

A. Mail Sent by Counsel to Detainee (“Incoming Mail”)

i. Counsel shall send incoming legal mail and any secondary materials for

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a detainee to the DoD privilege team at the appropriate address provided

by Government counsel. Each envelope or mailer shall be labeled with

the name of the detainee and shall include a return address for counsel

sending the materials. Legal mail and secondary materials shall be

separated and included in separate envelopes. 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.” The outside of the envelope or mailer that

includes secondary materials will be labeled clearly with the following

annotation: “Attorney-Detainee-Secondary Materials-For Mail Delivery

to Detainee.”

ii. Each page of legal mail shall be labeled “Attorney-Detainee Materials.”

Each page of secondary materials shall be labeled “Secondary

Materials.” No staples, paper clips or any non-paper items shall be

included with the documents. Legal mail and secondary materials that

together do not exceed 100 pages in total per month for a detainee will

receive “priority processing” as described below in parts iv.a and v.a.

iii. Upon receiving legal mail or secondary materials from counsel for

delivery to the detainee, the DoD privilege team shall open the envelope

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or mailer to search the contents for prohibited physical contraband. The

DoD privilege team shall return to the sender any materials that do not

comply with the terms of §§ 13.A.i & ii.

iv. Secondary material shall be subject to both review and to security and

contraband screening, including possible redaction, by the DoD

Privilege Team.

a. Such review shall be conducted as soon as practicable from the

time of receipt by the DoD privilege team. Secondary materials

that receive “priority processing” will be reviewed within 10

business days for information that is written in the English

language and 15 business days for information that includes

information written in any language other than English, to allow

for translation. Additional secondary materials will be reviewed

as resources allow. Within the applicable time frame, the

secondary materials that are determined to be appropriate for

forwarding to the detainee shall be forwarded to military

personnel at GTMO in a sealed envelope marked “Secondary

Materials Approved by DoD privilege team” and clearly

indicating the identity of the detainee to which the legal mail is to

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be delivered.

b. Counsel shall be notified with respect to secondary materials that,

upon review, will be redacted or screened out.

c. In the event a dispute regarding the screening or redaction of

material cannot be resolved and counsel pursue Court

intervention regarding the matter, the DoD privilege team may

disclose the material at issue to a Special Litigation Team, as

addressed above in section 4, and may also disclose the material

at issue to the Commander, JTF-GTMO, and/or his

representatives, including attorneys for the Government. Prior to

seeking Court intervention, counsel may authorize the Privilege

Team to so disclose the secondary material in order to attempt to

facilitate resolution of a dispute.

d. Counsel shall not convey to a detainee material, including

information redacted or screened out or designated for such

redaction or screening out, absent consent of DoD privilege team

or the Government or authorization by the Court.

v. Documents marked “legal mail” by counsel shall be subject to content

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review and security and contraband screening by the DoD Privilege

Team.

a. Such review shall be conducted as soon as practicable from the

time of receipt by the DoD privilege team. Documents marked

“legal mail” that receive “priority processing” will be reviewed

within 5 business days for information that is written in the

English language and 10 business days for information that

includes information written in any language other than English,

to allow for translation. Additional documents marked “legal

mail” will be reviewed as resources allow. Within the applicable

time frame, the materials that are determined to be appropriate for

forwarding to the detainee shall be forwarded to military

personnel at GTMO in a sealed envelope marked “Legal Mail

Approved by DoD privilege team” and clearly indicating the

identity of the detainee to which the legal mail is to be delivered.

b. Counsel shall be notified with respect to legal mail that, upon

review, will be redacted or screened out.

c. In the event a dispute regarding the screening or redaction of

material cannot be resolved and counsel pursue Court

-38-

intervention regarding the matter, the DoD privilege team may

disclose the material at issue to a Special Litigation Team as

addressed above in section 4.

d. Counsel shall not convey to a detainee material, including

information redacted or screened out or designated for such

redaction or screening out, absent consent of DoD privilege team

or the Government or authorization by the Court.

vi. Within three (3) business days of receipt of legal mail and secondary

materials from the DoD privilege team, personnel at GTMO shall deliver

the envelope or mailer to the detainee without opening the envelope or

mailer. The detainee shall be responsible for mailing any confirmation

of delivery to counsel as outgoing legal mail.

vii. Written correspondence to a detainee not falling within the definition of

legal mail or secondary materials shall be sent through the United States

Postal Service to the appropriate address provided by Government

counsel. These non-privileged communications will be reviewed by

military personnel at GTMO under the standard operating procedures for

detainee non-legal mail. Counsel is responsible for reviewing and

removing these from legal mail.

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viii. Counsel is required to treat all information learned from a detainee,

including any oral and written communications with a detainee, as

classified information, unless and until the information is submitted to

the DoD privilege team and determined to be otherwise by the DoD

privilege team or by this Court or another court. Accordingly, if a

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.

ix. While conducting its classification and status review of the materials,

the DoD privilege team shall promptly report any information that

reasonably could be expected to result in immediate and substantial

harm to the national security to the Commander, JTF-GTMO. In his

discretion, the Commander, JTF-GTMO may disseminate the relevant

portions of the information to law enforcement, military and intelligence

officials as appropriate.

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x. If, at any time, the DoD privilege team determines that information in

the documents submitted for review relate to imminent acts of violence,

the DoD privilege team shall report the contents of those documents to

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.

B. Mail Sent by Detainee to Counsel (“Outgoing Mail”)

i. Detainees will be provided with paper to prepare legal mail

communications to counsel. In the presence of military personnel, the

detainee will seal the written communication into an envelope and it will

be annotated as “Attorney-Detainee Materials-For Mail Delivery To

Counsel.” Each envelope shall be labeled with the name of the detainee

and the counsel. Any outgoing mail will presumptively be treated as

classified information. Envelopes annotated with the name of persons

other the detainee’s counsel (including family/friends or other attorneys)

shall be processed according to the standard operating procedures for

detainee non-legal mail.

ii. Military personnel will collect the outgoing legal mail within three (3)

business days of being notified by the detainee that the communication

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is prepared for sealing and mailing.

iii. After the outgoing legal mail is collected from the detainee, the

envelope will be sealed into a larger envelope by military personnel at

Guantanamo which will be marked as “Attorney-Detainee Materials-For

Mail Delivery To Counsel” and will be annotated with the name of the

detainee and the counsel. The envelope will be sealed and mailed in the

manner required for classified materials. Within three (3) business days

of receipt from the detainee, the communication will be mailed to the

appropriate address as provided by Government counsel.

iv. Non-legal mail communications from detainees, including written

communications to persons other than counsel, are to be sent through the

United States Postal Service and are subject to ordinary review by

military personnel at Guantanamo under the standard operating

procedures for detainee non-legal mail.

v. In the event any non-legal correspondence or messages from a detainee

to individuals other than his counsel (including but not limited to

family/friends or other attorneys) or communications not generated by

the detainee (e.g., notes from other detainees) are sent to counsel as, or

included with, legal mail, counsel shall return the documents to military

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personnel at GTMO for processing according to the standard operating

procedures for detainee non-legal mail.

14. Materials Brought Into A Meeting With Detainee And Counsel

A. Counsel shall bring only writing utensils and blank paper into any meeting

with a detainee unless counsel has received prior approval from the

Commander, JTF-GTMO. 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 the communication

does not fall into the category of items defined in § 2.J.iii, above or does not

otherwise threaten the security of the United States. Non-privileged material

that counsel seeks to bring into a meeting with the detainee may be provided

to the Commander, JTF-GTMO in advance of counsel’s travel to the address

provided by Government counsel for review by the Commander, JTF-GTMO.

Review of this material will be conducted as resources allow, but there is no

guarantee that non-privileged material will be processed and approved for hand

delivery to the detainee in advance of the visit. Nonetheless, providing

material in advance will speed up processing and increase the likelihood that

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material requested will be allowed to be carried into a meeting with the

detainee. Material hand carried to GTMO without prior approval may or may

not be processed for release to the detainees.

B. All legal mail and secondary materials that counsel seeks to bring to a meeting

with a detainee must be processed pursuant to the procedures set out in § 13.A

for the review of legal mail and secondary materials. The page length of

materials submitted for review under this section will be included along with

the page length of all other legal mail and secondary materials submitted under

§ 13.A in determining whether the 100 page per month “priority processing”

limit has been surpassed. The time limits described in § 13.A will apply to

materials submitted under this section in cases where the material qualifies for

“priority processing.” When the “priority processing” limit has been

surpassed, materials submitted under this section will be reviewed as resources

allow. In submitting such materials to the DoD privilege team, counsel will

separate legal mail from secondary materials, seal them in separate envelopes,

and will mark clearly on the envelope either “Legal Mail – For Hand Delivery

to Detainee by Counsel” or “Secondary Materials – For Hand Delivery to

Detainee by Counsel.” Once material is reviewed by the DoD privilege team,

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each page will be stamped “Legal Mail and Secondary Materials Reviewed for

Hand Delivery to Detainee by Counsel.” Counsel may then carry those

stamped materials to GTMO and the Commander, JTF-GTMO, after

confirming that the materials are stamped as indicated above, will ordinarily

allow counsel to bring stamped materials into the meeting with the detainee.

15. Materials Brought Out Of A Meeting With Detainee and Counsel

A. Upon the 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 to a designated individual at Guantanamo. These materials

will be sealed in the presence of counsel and will be handled as classified

material as required by Executive Order 12958, DOD Regulation 5200.1-R and

AI 26,OSD Information Security Supplement to DOD Regulation 5200.1R.

B. Upon the completion of the counsel’s visit to Guantanamo, the notes or

documents used or produced during the visit shall be sealed in the presence of

counsel and placed in an envelope labeled as “Attorney-Detainee Meeting

Documents–For Delivery to Counsel.” The envelope shall be sealed into a

larger envelope by military personnel at Guantanamo which shall be marked

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as “Attorney-Detainee Meeting Documents-For Mail Delivery To Counsel”

and shall be annotated with the name of the detainee and the counsel. The

envelope shall be sealed and mailed in the manner required for classified

materials. Within two (2) business days following the completion of the

counsel’s visit to Guantanamo, the package shall be mailed to the appropriate

address provided by Government counsel. Counsel to the detainee will then

be allowed to review the material at the secure facility.

C. Correspondence or messages from a detainee to individuals other than his

counsel (including family/friends or other attorneys) communications not

generated by the detainee/client, and other communications that are not legal

mail shall not be handled through this process. Rather, such matters must be

processed as non-privileged mail by JTF-GTMO. If during the review of

material submitted by counsel , such non-privileged material is identified by

the DoD privilege team, the material will not be further processed by the

privilege team. The non-privileged material will be held at the secure facility

and counsel will be notified. Counsel can then, elect to send the material back

to JTF-GTMO for processing as non-privileged mail.

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D. Oral messages from a detainee to individuals other than his counsel (including

family/friends or other attorneys) shall not be communicated directly by

counsel absent review by JTF-GTMO. If counsel wishes to communicate such

messages, counsel must memorialize the messages in writing (at Guantanamo

or at the secure facility) and then submit the written messages to JTF-GTMO

for review as non-privileged mail. Counsel may request that such messages,

to the extent cleared by JTF-GTMO, be returned to counsel’s office for

forwarding to the intended recipient.

16. Classification And Status Determination of Detainee Communications

A. All materials sent by a detainee to counsel or brought out of a meeting by a

detainee by counsel will be presumptively treated as classified and will be

maintained at the secure area described in § 2.F of the applicable protective

order.

B. Counsel may submit information learned from a detainee to the DoD privilege

team for an intelligence and security review which may result in a

determination of its appropriate security classification and whether it contains

protected material. Counsel shall memorialize the information submitted for

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classification and status review into a written memorandum outlining as

specifically as possible the information for which counsel requests a

classification determination. All documents submitted for classification and

status review shall be prepared, handled and treated in the manner required for

classified materials, as provided by as required by Executive Order 12958,

DOD Regulation 5200.1-R and AI 26, OSD Information Security Supplement

to DOD Regulation 5200.1R.

C. Materials provided by counsel to the DoD privilege team must be in legible

handwriting or transcribed by typewriter or computer. Materials that the

Government determines are not legible will be returned to the secure area and

counsel will be required to transcribe those materials into type-written form.

Materials that are not in English must be accompanied by an English

translation. Each page of the document submitted for classification review

shall be marked “Attorney-Detainee Materials” and “Classified.” The

envelope or mailer will be sealed and mailed in the manner required for

classified materials. Materials that do not comply with these requirements will

not be processed, and will be returned to counsel within five (5) business days.

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D. As soon as possible after conducting the classification and status review, the

DoD privilege team shall advise counsel of the classification levels of the

information contained in the materials submitted for review. For that material

that does not fall under privilege or is outside the scope of communications as

specified herein, the DoD privilege team will memorialize the reasons why

such material is not processed or released. In the event a dispute regarding the

release of material cannot be resolved and counsel pursue Court intervention

regarding the matter, the DoD privilege team may disclose the material at issue

to a Special Litigation Team as addressed above in section 4. The DoD

privilege team shall forward its classification determination directly to counsel

after a review and analysis period which should not exceed, from the time of

receipt by the DoD privilege team:

i. Fifteen (15) business days for information that is written in the English

language;

ii. Twenty (20) business days for any information that includes writing in

any language other than English, to allow for translations by the DoD

privilege team (counsel must also submit this material accompanied by

a translation);

iii. Twenty-five (25) business days for any information where the DoD

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privilege team has reason to believe that a code was used, to allow for

further analysis.

iv. Material which requires special analytic tools or processing or

specialized expertise not resident on the DoD privilege team will be

identified and the DoD privilege team may request counsel waive

privilege to allow further processing. If privilege is not waived, such

material may not be removed from the secure facility.

E. While conducting classification review, the DoD privilege team shall promptly

report any information that reasonably could be expected to result in immediate

and substantial harm to the national security 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.

F. If, at any time, the DoD privilege team determines that information in the

documents submitted for classification review relate to imminent acts of

violence, the DoD privilege team shall report the contents of those documents

to Commander, JTF-Guantanamo. In his discretion, the Commander,

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JTF-Guantanamo may disseminate the relevant portions of the information to

law enforcement, military and intelligence officials.

G. If the DoD privilege team determines that counsel has violated the applicable

protective order, it shall report the suspected violation to the Court. The DoD

privilege team will also report, without revealing any privileged information,

the fact of a suspected violation and any information relating to it that can be

reported without revealing privileged information to the Commander, JTF-

Guantanamo.

H. The DoD privilege team shall not disclose any information submitted by

counsel for classification review outside the DoD privilege team, except as

provided by these procedures, as permitted by counsel submitting the

information, or authorized by this Court.

17. Telephonic Access to Detainee

A. There is no right to telephonic access to a detainee. Requests for telephonic

access to the detainee by counsel or other persons may be considered on a

case-by-case basis due to special circumstances and must be submitted to the

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Commander, JTF-Guantanamo.

B. Any telephonic access by counsel will be subject to appropriate security

procedures, which may include, inter alia, contemporaneous monitoring by the

DoD privilege team.

18. Counsel’s Handling And Dissemination Of Information From Detainee

A. Counsel may disseminate the unclassified contents of the detainee’s

communications for purposes reasonably related to their representation of that

detainee in the instant case, to the extent it does not disclose protected

information.

B. Counsel is required to treat all information learned from a detainee, including

any oral and written communications with a detainee, as classified information,

unless and until the information is submitted to the DoD 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.

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C. Counsel shall disclose to Government counsel or Commander,

JTF-Guantanamo any information learned from a detainee involving future

events that threaten national security or involve imminent violence.

D. Counsel may not divulge classified information or protected information not

learned from the detainee to the detainee. Counsel may not otherwise divulge

classified information or protected information related to a detainee’s case to

anyone except to other counsel working on the same case and possessing the

requisite security clearance and need to know using a secure means of

communication.

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19. JTF-Guantanamo Security Procedures

A. Counsel and translators/interpreters 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.

B. 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 money, stamps, cigarettes, writing

instruments, etc. Attempts to transmit, communicate, or convey documents or

information that is not legal mail, as defined in section 2.J, above, through the

channels for transmitting, communicating, or conveying legal mail, will also

be considered a violation of the ban on contraband. No items of any kind may

be provided to the detainee without the advance approval of the Commander,

JTF-Guantanamo.

C. Photography or recording of any type at the entire U.S. Naval Base at

Guantanamo Bay, Cuba is prohibited without the prior approval of the

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Commander, JTF-Guantanamo. 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 which may at its discretion purge of all

information.

D. Upon arrival at JTF-Guantanamo, security personnel will perform a contraband

inspection of counsel and translators/interpreters using metal detectors as well

as a physical inspection of counsel’s bags and briefcases and, if determined

necessary, a physical inspection of his/her person.

E. Counsel shall not be permitted to 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.

F. Counsel will meet with a detainee in conference facilities provided by GTMO.

These facilities are subject to visual monitoring by closed circuit TV or visual

observation through an open door for safety and security reasons.

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G. At the conclusion of a meeting with a detainee, counsel and

translators/interpreters will again be inspected using a metal detector and, if

deemed necessary, by physical inspection of their persons.

H. Violations of any of these procedures and rules will permit the Commander of

JTF-GTMO to terminate the privilege of visiting JTF-GTMO and deny counsel

access to the legal mail system set forth herein. Violations of any of these

procedures and rules also provides grounds for revocation of counsel’s

security clearance, and may also provide grounds for possible contempt and

criminal sanctions.

I. Nothing in this order shall limit the authority of the Commander of JTF-GTMO

to require the imposition of additional security procedures, relating to access

to the detainee and the legal mail process, based on the security needs and

military resources at the Base.

IT IS SO ORDERED.

_______________, 2006

Exhibit A

IN THE UNITED STATES COURT OF APPEALSFOR THE DISTRICT OF COLUMBIA CIRCUIT

)HAJI BISMULLAH, et al. )

) Petitioners )

) No. 06-1197DONALD H. RUMSFELD, ) Secretary of Defense )

) Respondent )

)

MEMORANDUM OF UNDERSTANDING REGARDING ACCESS TOCLASSIFIED NATIONAL SECURITY INFORMATION

Having familiarized myself with the applicable statutes, regulations, and ordersrelated 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 Order12958; I understand that I may be the recipient of information and documents thatbelong to the United States and concern the present and future security of the UnitedStates, and that such documents and information together with the methods andsources of collecting it are classified by the United States Government. Inconsideration for the disclosure of classified information and documents:

1) I agree that I shall never divulge, publish, or reveal either by word, conductor any other means, such classified documents and information unless specificallyauthorized in writing to do so by an authorized representative of the United StatesGovernment, or as expressly authorized by the Protective Order entered in theBismullah v. Rumsfeld, No. 06-1197.

2) I agree that this Memorandum of Understanding and any othernon-disclosure agreement signed by me will remain forever binding on me.

3) I have received, read, and understand the Protective Order entered by theUnited States Court of Appeals for the District of Columbia Circuit in the casecaptioned Bismullah v. Rumsfeld, No. 06-1197, and I agree to comply with the

provisions thereof.

_____________________________ _______________Date

Exhibit B

ACKNOWLEDGMENT

The undersigned hereby acknowledges that he/she has read the Protective

Order entered in the United States Court of Appeals for the District of Columbia

Circuit in the case captioned Bismullah v. Rumsfeld, No. 06-1197, 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 Protective Order.

The undersigned acknowledges that his/her duties under the 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

ACKNOWLEDGMENT OF REPRESENTATION

1. A Combatant Status Review Tribunal (CSRT) has determined that you are an

enemy combatant. Because you are an enemy combatant, the United States may

continue to detain you.

2. Under a new law, the Detainee Treatment Act, you may challenge in a United

States court the CSRT’s determination that you are an enemy combatant.

3. An attorney, __________________________, seeks your authorization to

represent you and file a petition for review on your behalf under the Detainee

Treatment Act. If you sign this form, the above attorney will represent you. If you

sign this form, the attorney will also be allowed to visit you and will be granted

access to the record of your Combatant Status Review Tribunal case.

I, ________________________________________________, authorize

____________________________ to represent me and file a petition for review

under the Detainee Treatment Act.

Signed: ____________________________________(sign name)

Name:_____________________________________(print name)

Date:________________________

Exhibit D

Notification and Statement

1. You have been found to be an enemy combatant by Combatant Status

Review Tribunal. You may seek court review of that decision in a court of the United

States. You may obtain such review by filing a petition for review under the Detainee

Treatment Act in the court yourself. You can also ask a family member, friend, or

lawyer to file a petition on your behalf. To date, you have not filed a petition for

review under the Act yourself.

2. A petition for review has been filed on your behalf by

______________________________, who claims to be acting on your behalf. The

attorney appearing on behalf of ________________________ is

___________________________________________.

3. You may authorize this filing on your behalf and representation by

___________________________ by signing the form below. If you sign this form,

the above attorney will be allowed to visit you and will be granted access to the

record of your Combatant Status Review Tribunal case. If you do not sign the form,

court review may continue without your involvement and with limited access to the

record by the attorney.

I, ________________________________________________, authorize this

filing on my behalf and grant the counsel listed above access to the record of my

Combatant Status Review Tribunal case.

Signed: ____________________________________(sign name)

Name:_____________________________________(print name)

Date:________________________