Zadran v. Bush ( 2012 )

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
______________________________
)
ABDULLAH WAZIR ZADRAN, )
et al., )
)
Petitioners, )
)
v. ) Civil Action No. 05-2367 (RWR)
)
BARACK H. OBAMA et al., )
)
Respondents. )
______________________________)
ORDER
The May 12, 2011 order issued by Judge Hogan granted the
government’s motion to designate as protected under the
Protective Order governing the Guantánamo Bay detainee litigation
“sensitive but unclassified information falling within one of the
following six categories”:
1. Names and/or other information that would tend to
identify certain U.S. government employees, FBI Joint
Terrorism Task Force members, or contractors —
specifically, law enforcement officers, agents,
translators, intelligence analysts, or interrogators,
all below the Senior Exectuive Service or General
Officer level — [or] the family members of detainees.
2. Information that would reveal the existence, focus,
or scope of law enforcement or intelligence operations,
including the sources, witnesses, or methods used and
the identity of persons of interest.
3. Information indicating the names or locations,
including geo-coordinates, of locations of interest as
they pertain to counter-terrorism intelligence
gathering, law enforcement, or military operations,
where the Government has not previously acknowledged
[publicly] its knowledge of those names or locations.
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4. Information that would reveal the Government’s
knowledge of telephone numbers, websites, passwords,
passcodes, and e-mail addresses used by known or
suspected terrorists, or discussions of the manner in
which known or suspected terrorists use these methods
for communications with one another.
5. Information regarding the use, effectiveness, or
details regarding the implementation of certain
interrogation approaches and techniques approved by
Executive Order 13491 and described in the Army Field
Manual No. 2-22.3.
6. Certain administrative data, operational
“nicknames,” code words, dates of acquisition,
including dates of interrogations, and FBI case names
and file numbers, contained in the intelligence
documents included in the factual returns.
In re Guantánamo Bay Detainee Litig., 787 F. Supp. 2d 5, 8
(D.D.C. 2011). The respondents have filed an unopposed motion to
deem protected information highlighted in the proposed factual
return for petitioner Mohammad Zahir. Upon review of the
material submitted by the respondents, it is hereby
ORDERED that the respondents’ motion [378] to deem as
protected the material highlighted in the accompanying proposed
public factual return be, and hereby is, GRANTED, and the
information identified by the respondents with gray and green
highlighting in the version of the factual return submitted under
seal is deemed protected under paragraphs 10 and 34 of the
Protective Order governing the Guantánamo Bay detainee
litigation. It is further
ORDERED that the parties confer and agree upon a properly
redacted version of this factual return that addresses and
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resolves all the concerns of the parties, and that the parties
agree can be filed on the public docket. Respondents shall file
that version by March 9, 2012.
SIGNED this 7th day of February, 2012.
/s/
RICHARD W. ROBERTS
United States District Judge