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Case 1:05-cv-01429-UNA Document 49 Filed 07/20/2006 Page 1 of 3

CLEARED FOR PUBLIC FILING

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLUMBIA





Civil Action No. 05-01429 (RMU)

















Petitioners,

v.


____________________________________
)

SAEED MOHAMMED SALEH
)
HATIM, et al.,

)

)




)


)


)


GEORGE W. BUSH, et al.,
)
)


)


)


____________________________________)




Respondents.









)














SUPPLEMENTAL MEMORANDUM IN SUPPORT OF PETITIONERS’

OPPOSITION TO GOVERNMENT’S MOTION TO EXAMINE PRIVILEGED

COMMUNICATIONS AND PETITIONERS’ MOTION TO SHOW CAUSE



The government claims that it seized the prisoners’ legal papers in response to the pris-

oner deaths that it reported occurred on June 10, 2006. Petitioners’ motion adverts to other ini-

stances in which the government has seized prisoners’ legal papers in making the point that the

government’s purported “investigation” of the three prisoner deaths is pretextual. The attached

declaration of Anant Raut illustrates one such instance. The government also claims that the dis-

covery among the legal papers of a prisoner marked “secret” supported its decision to ransack all

legal papers of all prisoners. The attached declaration of Baher Azmy illustrates that this excuse

is also without merit.

The Raut declaration describes a letter from a client dated May 31, 2006, before the re-

ported prisoner deaths occurred, reporting that the government had taken away his correspon-

dence and legal material. (Raut Decl. ¶ 6.) The detainee also reported that on May 17, 2006, the

government had given him only 20 minutes to read a letter from his attorney before taking it

away. (Id. ¶ 7.) The Azmy declaration describes the government’s practice of redacting and de-

Case 1:05-cv-01429-UNA Document 49 Filed 07/20/2006 Page 2 of 3

classifying documents stamped “secret” without removing or crossing out the “secret” stamp. As

Petitioners noted in their motion, it is apparently common practice to cross out the word “secret”

when declassifying documents.1

Dated: Washington, DC



July 19, 2006











Respectfully submitted,


/s/ Marc D. Falkoff

Marc D. Falkoff, pro hac vice
DC Bar No. 491149
College of Law
Northern Illinois University
2166 Broadway #12A
New York, NY 10024
(347) 564-5043 (tel)
(917) 441-0904 (fax)

David H. Remes
DC Bar No. 370782
Covington & Burling
1201 Pennsylvania Ave. NW
Washington, DC 20004
(202) 662-5212 (tel)
(202) 778-5212 (fax)



See also Peter Carlson, Raiding the Icebox, Washington Post, Dec. 30, 2005, available at


1
http://www.washingtonpost.com/wp-dyn/content/article/2005/12/29/AR2005122901412.html
(reporting that a U.S. plan for war with Canada “was declassified in 1974 and the word
‘SECRET’ crossed out with a heavy pencil”).

Case 1:05-cv-01429-UNA Document 49 Filed 07/20/2006 Page 3 of 3




CERTIFICATE OF SERVICE

I hereby certify that on July 19th, 2006, I served the foregoing on the counsel listed be-

Joseph H. Hunt
Vincent M. Garvey
Terry M. Henry
James J. Schwartz
Preeya M. Noronha
Robert J. Katerberg
Nicholas J. Patterson
Andrew I. Warden
Edward H. White
Marc A. Perez
United States Department of Justice
Civil Division, Federal Programs Branch
20 Massachusetts Ave., N.W.
Washington, DC 20530
Tel: (202) 514-4107
Fax: (202) 616-8470
Attorneys for Respondents



low by causing an original and two copies to be filed with the Court Security Officer.



















































/s/ Marc D. Falkoff
Marc D. Falkoff