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Case 1:04-cv-01254-HHK Document 229 Filed 12/20/07 Page 1 of 3

Filed with the Court Security Oficer 12/20/2007

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLUMBIA

MAHMOAD ABDAH, et al.,

Petitioners,

v.

GEORGE W. BUSH, ef al.,

Respondents.

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Civil Action No. 04-01254 (HHK)

SUPPLEMENTAL SUBMISSION IN SUPPORT OF PETITIONERS'
MOTION FOR INQUIRY INTO RESPONDENTS' COMPLIANCE

WITH DOCUMENT PRESERVATION ORDER

1. In connection with the hearing scheduled in this matter for Friday, December 21,

2007, Petitioners respectfully submit Exhibit E to the memorandum of points and authorities

filed by the petitioners in two other Guanthamo cases pending in this Court, Abdullah v Bush,

No. 05-23 (RWR), and El-Banna v. Bush, No. 04-1 144 (RWR), in support of their motion for a

preservation order. (Attach. A,) Also attached is a copy of the cover letter under which the peti-

tioners' counsel in those cases transmitted their memorandum, and the Court's memorandum

opinion and order (El-Banna, No. 04-1 199 (Doc. 149)), to Porter J. Goss, then Director of the

CIA, Donald M. Rumsfeld, then Secretary of Defense, and Robert S. Mueller, Director of the

FBI, to put these officials personally on notice of the preservation order entered by the Court.

(Attach. B.) Two further attachments are identified below.

2. Exhibit E identifies records of the government's treatment of Guanthamo prisoners.

Counsel for the Abdullah and El-Banna learned of these records from a source with personal

knowledge. The records include:

Case 1:04-cv-01254-HHK Document 229 Filed 12/20/07 Page 2 of 3

Interrogation Team Records
Each detainee is assigned to an interrogation team that consists of an interrogator,
analyst, translator, law enforcement, and a Behavioral Science Consulting Team
("BSCT") member. Each of these team members is likely to maintain his or her
own records regarding the detainee.

BSCT Records
BSCT maintains records that are separate from those shared with the interrogation
team.

Interrogation Plans
Interrogation teams prepared and submitted a detailed interrogation plan[] for
each detainee. These plans were approved by the Team Chief, the Executive Of-
ficer, and the Commander of the Interrogation Section.

Interrogation Reports
Various government agencies (including, but not limited to, the FBI, CIA, NSA,
OGA) maintained their own files both at Guanthamo and other places.

Videos
Guanthamo maintains videos of all visits by foreign officials (including, but not
limited, to military intelligence, MI5, etc.). Some or all of these materials may be
maintained on the computer system. An index exists that identifies these videos
by country of visitor.

Emergency Reaction Force
The emergency reaction force was frequently videotaped.

[DoD acknowledged this in a secret report obtained by the Associated Press. See
Paisley Dodds, "Tapes Show Guantfinamo Squad's Tactics," Feb 1, 2005, http:/l
www.msnbc.msn.comlid/68956291 (describing government's torture tactics). (At-
tach. C.)

Erik Saar, a Guanthamo translator who also performed intelligence functions
there, reported the following scene in his memoir Inside the JVire 94 (2005) (At-
tach. D):

"The commander radioed the IRF team leader and told him to start moving in. . . .
It was like a scene from some storm trooper action film. They were in no rush;

Case 1:04-cv-01254-HHK Document 229 Filed 12/20/07 Page 3 of 3

the psychological effect of their march down the corridor, boots echoing off the
metal floor with frightening, deafening thuds, was powerful. One NCO was fol-
lowing the group with a video camera. I was told the tapes were used for train-
ing." (Attach. D.)]

Photographs
Photographs exist of all prisoners. Some of these photographs show prisoners
who were badly beaten. At least some of the photographs showing these injuries
were later replaced with new photographs that do not depict injured prisoners.

Audio Tapes
Recordings of some interrogations were made.

3. Petitioners bring these materials to the Court's attention of the Court to underscore

the possibility that records of interrogations of Guanthamo prisoners appear to exist - including

video and audio recordings similar to those recently destroyed by the CIA - that would be rele-

vant to any spoliation inquiry undertaken by the Court.

WHEREFORE, Petitioners' emergency motion should be granted

Dated: Washington, D.C.
December 20,2007

Respectfully submitted,

COVINGTON & BURLING

By:

1st
David H. Remes
D.C. Bar No. 370782
1201 Pennsylvania Avenue, N.W.
Washington, DC 20004-2401
Tel: (202) 662-5212
Fax: (202) 778-5212