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Case 1:05-cv-01429-UNA Document 98 Filed 02/13/2008 Page 1 of 28

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLUMBIA

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Hicks (Rasul) v. Bush



Al Odah v. United States

Habib v. Bush

Kurnaz v. Bush

Khadr v. Bush

Begg v. Bush

Khalid (Benchellali) v. Bush

El-Banna v. Bush

Gherebi v. Bush

Boumediene v. Bush

Anam v. Bush

Almurbati v. Bush

Abdah v. Bush

Hamdan v. Bush

Belmar v. Bush

Al Qosi v. Bush

Paracha v. Bush

Al-Marri v. Bush

Zemiri v. Bush

Deghayes v. Bush

Mustapha v. Bush

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Case No. 02-CV-0299 (CKK)

Case No. 02-CV-0828 (CKK)

Case No. 02-CV-1130 (CKK)

Case No. 04-CV-1135 (ESH)

Case No. 04-CV-1136 (JDB)

Case No. 04-CV-1137 (RMC)

Case No. 04-CV-1142 (RJL)

Case No. 04-CV-1144 (RWR)

Case No. 04-CV-1164 (RBW)

Case No. 04-CV-1166 (RJL)

Case No. 04-CV-1194 (HHK)

Case No. 04-CV-1227 (RBW)

Case No. 04-CV-1254 (HHK)

Case No. 04-CV-1519 (JR)

Case No. 04-CV-1897 (RMC)

Case No. 04-CV-1937 (PLF)

Case No. 04-CV-2022 (PLF)

Case No. 04-CV-2035 (GK)

Case No. 04-CV-2046 (CKK)

Case No. 04-CV-2215 (RMC)

Case No. 05-CV-0022 (JR)

Case 1:05-cv-01429-UNA Document 98 Filed 02/13/2008 Page 2 of 28

Al-Mohammed v. Bush

El-Mashad v. Bush

Al-Adahi v. Bush

Al-Joudi v. Bush

Al-Wazan v. Bush

Al-Anazi v. Bush

Alhami v. Bush

Ameziane v. Bush

Batarfi v. Bush

Sliti v. Bush

Kabir v. Bush

Qayed v. Bush

Al-Shihry v. Bush

Aziz v. Bush

Qassim v. Bush

Al-Oshan v. Bush

Tumani v. Bush

Al-Oshan v. Bush

Al Shamri v. Bush

Salahi v. Bush

Mammar v. Bush

Al-Sharekh v. Bush

Magram v. Bush

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Case No. 05-CV-0247 (HHK)

Case No. 05-CV-0270 (JR)

Case No. 05-CV-0280 (GK)

Case No. 05-CV-0301 (GK)

Case No. 05-CV-0329 (PLF)

Case No. 05-CV-0345 (JDB)

Case No. 05-CV-0359 (GK)

Case No. 05-CV-0392 (ESH)

Case No. 05-CV-0409 (EGS)

Case No. 05-CV-0429 (RJL)

Case No. 05-CV-0431 (RJL)

Case No. 05-CV-0454 (RMU)

Case No. 05-CV-0490 (PLF)

Case No. 05-CV-0492 (JR)

Case No. 05-CV-0497 (JR)

Case No. 05-CV-0520 (RMU)

Case No. 05-CV-0526 (RMU)

Case No. 05-CV-0533 (RJL)

Case No. 05-CV-0551 (RWR)

Case No. 05-CV-0569 (JR)

Case No. 05-CV-0573 (RJL)

Case No. 05-CV-0583 (RJL)

Case No. 05-CV-0584 (CKK)

Case 1:05-cv-01429-UNA Document 98 Filed 02/13/2008 Page 3 of 28

Al Rashaidan v. Bush

Mokit v. Bush

Al Daini v. Bush

Errachidi v. Bush

Zaeef v. Bush

Ahmed v. Bush

Battayav v. Bush

Adem v. Bush

Aboassy v. Bush

Hamlily v. Bush

Imran v. Bush

Al Habashi v. Bush

Al Hamamy v. Bush

Hamoodah v. Bush

Khiali-Gul v. Bush

Rahmattullah v. Bush

Mohammad v. Bush

Rahman v. Bush

Bostan v. Bush

Muhibullah v. Bush

Mohammad v. Bush

Wahab v. Bush

Chaman v. Bush

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Case No. 05-CV-0586 (RWR)

Case No. 05-CV-0621 (PLF)

Case No. 05-CV-0634 (RWR)

Case No. 05-CV-0640 (EGS)

Case No. 05-CV-0660 (RMC)

Case No. 05-CV-0665 (RWR)

Case No. 05-CV-0714 (RBW)

Case No. 05-CV-0723 (RWR)

Case No. 05-CV-0748 (RMC)

Case No. 05-CV-0763 (JDB)

Case No. 05-CV-0764 (CKK)

Case No. 05-CV-0765 (EGS)

Case No. 05-CV-0766 (RJL)

Case No. 05-CV-0795 (RJL)

Case No. 05-CV-0877 (JR)

Case No. 05-CV-0878 (CKK)

Case No. 05-CV–879 (RBW)

Case No. 05-CV-0882 (GK)

Case No. 05-CV-0883 (RBW)

Case No. 05-CV-884 (RMC)

Case No. 05-CV-0885 (GK)

Case No. 05-CV-0886 (EGS)

Case No. 05-CV-0887 (RWR)

Case 1:05-cv-01429-UNA Document 98 Filed 02/13/2008 Page 4 of 28

Gul v. Bush

Basardh v. Bush

Khan v. Bush

Nasrullah v. Bush

Shaaban v. Bush

Sohail v. Bush

Tohirjanovich v. Bush

Khudaidad v. Bush

Al Karim v. Bush

Al-Khalaqi v. Bush

Sarajuddin v. Bush

Kahn v. Bush

Mohammed v. Bush

Mangut v. Bush

Hamad v. Bush

Khan v. Bush

Zuhoor v. Bush

Salaam v. Bush

Al-Hela v. Bush

Mousovi v. Bush

Khalifh v. Bush

Zalita v. Bush

Ahmed v. Bush

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Case No. 05-CV-0888 (CKK)

Case No. 05-CV-0889 (ESH)

Case No. 05-CV-0890 (RMC)

Case No. 05-CV-0891 (RBW)

Case No. 05-CV-0892 (CKK)

Case No. 05-CV-0993 (RMU)

Case No. 05-CV-0994 (JDB)

Case No. 05-CV-0997 (PLF)

Case No. 05-CV-0998 (RMU)

Case No. 05-CV-0999 (RBW)

Case No. 05-CV-1000 (PLF)

Case No. 05-CV-1001 (ESH)

Case No. 05-CV-1002 (EGS)

Case No. 05-CV-1008 (JDB)

Case No. 05-CV-1009 (JDB)

Case No. 05-CV-1010 (RJL)

Case No. 05-CV-1011 (JR)

Case No. 05-CV-1013 (JDB)

Case No. 05-CV-1048 (RMU)

Case No. 05-CV-1124 (RMC)

Case No. 05-CV-1189 (JR)

Case No. 05-CV-1220 (RMU)

Case No. 05-CV-1234 (EGS)

Case 1:05-cv-01429-UNA Document 98 Filed 02/13/2008 Page 5 of 28

Baqi v. Bush

Aminullah v. Bush

Ghalib v. Bush

Al Khaiy v. Bush

Bukhari v. Bush

Pirzai v. Bush

Peerzai v. Bush

Alsawam v. Bush

Mohammadi v. Bush

Al Ginco v. Bush

Ullah v. Bush

Al Bihani v. Bush

Mohammed v. Bush

Saib v. Bush

Hatim v. Bush

Al-Subaiy v. Bush

Dhiab v. Bush

Ahmed Doe v. Bush

Sadkhan v. Bush

Faizullah v. Bush

Faraj v. Bush

Khan v. Bush

Ahmad v. Bush

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Case No. 05-CV-1235 (PLF)

Case No. 05-CV-1237 (ESH)

Case No. 05-CV-1238 (CKK)

Case No. 05-CV-1239 (RJL)

Case No. 05-CV-1241 (RMC)

Case No. 05-CV-1242 (RCL)

Case No. 05-CV-1243 (RCL)

Case No. 05-CV-1244 (CKK)

Case No. 05-CV-1246 (RWR)

Case No. 05-CV-1310 (RJL)

Case No. 05-CV-1311 (RCL)

Case No. 05-CV-1312 (RJL)

Case No. 05-CV-1347 (GK)

Case No. 05-CV-1353 (RMC)

Case No. 05-CV-1429 (RMU)

Case No. 05-CV-1453 (RMU)

Case No. 05-CV-1457 (GK)

Case No. 05-CV-1458 (ESH)

Case No. 05-CV-1487 (RMC)

Case No. 05-CV-1489 (RMU)

Case No. 05-CV-1490 (PLF)

Case No. 05-CV-1491 (JR)

Case No. 05-CV-1492 (RCL)

Case 1:05-cv-01429-UNA Document 98 Filed 02/13/2008 Page 6 of 28

Amon v. Bush

Al Wirghi v. Bush

Nabil v. Bush

Al Hawary v. Bush

Shafiiq v. Bush

Kiyemba v. Bush

Idris v. Bush

Attash v. Bush

Al Razak v. Bush

Mamet v. Bush

Rabbani v. Bush

Zahir v. Bush

Akhtiar v. Bush

Ghanem v. Bush

Albkri v. Bush

Al Badah v. Bush

Almerfedi v. Bush

Zaid v. Bush

Al-Bahooth v. Bush

Al-Siba'i v. Bush

Al-Uwaidah v. Bush

Al-Jutaili v. Bush

Ali Ahmed v. Bush

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Case No. 05-CV-1493 (RBW)

Case No. 05-CV-1497 (RCL)

Case No. 05-CV-1504 (RMC)

Case No. 05-CV-1505 (RMC)

Case No. 05-CV-1506 (RMC)

Case No. 05-CV-1509 (RMU)

Case No. 05-CV-1555 (JR)

Case No. 05-CV-1592 (RCL)

Case No. 05-CV-1601 (GK)

Case No. 05-CV-1602 (ESH)

Case No. 05-CV-1607 (RMU)

Case No. 05-CV-1623 (RWR)

Case No. 05-CV-1635 (PLF)

Case No. 05-CV-1638 (CKK)

Case No. 05-CV-1639 (RBW)

Case No. 05-CV-1641 (CKK)

Case No. 05-CV-1645 (PLF)

Case No. 05-CV-1646 (JDB)

Case No. 05-CV-1666 (ESH)

Case No. 05-CV-1667 (RBW)

Case No. 05-CV-1668 (GK)

Case No. 05-CV-1669 (TFH)

Case No. 05-CV-1678 (GK)

Case 1:05-cv-01429-UNA Document 98 Filed 02/13/2008 Page 7 of 28

Khandan v. Bush

Kabir (Sadar Doe) v. Bush

Al-Rubaish v. Bush

Qasim v. Bush

Sameur v. Bush

Al-Harbi v. Bush

Aziz v. Bush

Mamet v. Bush

Hamoud v. Bush

Al-Qahtani v. Bush

Alkhemisi v. Bush

Al-Shabany v. Bush

Zakirjan v. Bush

Muhammed v. Bush

Othman v. Bush

Ali Al Jayfi v. Bush

Jamolivich v. Bush

Al-Mudafari v. Bush

Al-Mithali v. Bush

Al-Asadi v. Bush

Alhag v. Bush

Nakheelan v. Bush

Al Subaie v. Bush

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Case No. 05-CV-1697 (RBW)

Case No. 05-CV-1704 (JR)

Case No. 05-CV-1714 (RWR)

Case No. 05-CV-1779 (JDB)

Case No. 05-CV-1806 (CKK)

Case No. 05-CV-1857 (CKK)

Case No. 05-CV-1864 (HHK)

Case No. 05-CV-1886 (EGS)

Case No. 05-CV-1894 (RWR)

Case No. 05-CV-1971 (RMC)

Case No. 05-CV-1983 (RMU)

Case No. 05-CV-2029 (JDB)

Case No. 05-CV-2053 (HHK)

Case No. 05-CV-2087 (RMC)

Case No. 05-CV-2088 (RWR)

Case No. 05-CV-2104 (RBW)

Case No. 05-CV-2112 (RBW)

Case No. 05-CV-2185 (JR)

Case No. 05-CV-2186 (ESH)

Case No. 05-CV-2197 (HHK)

Case No. 05-CV-2199 (HHK)

Case No. 05-CV-2201 (ESH)

Case No. 05-CV-2216 (RCL)

Case 1:05-cv-01429-UNA Document 98 Filed 02/13/2008 Page 8 of 28

Ghazy v. Bush

Al Khatemi v. Bush

Al-Shimrani v. Bush

Amin v. Bush

Al Sharbi v. Bush

Ben Bacha v. Bush

Zadran v. Bush

Alsaaei v. Bush

Razakah v. Bush

Al Darbi v. Bush

Haleem v. Bush

Al-Ghizzawi v. Bush

Awad v. Bush

Al-Baidany v. Bush

Al Rammi v. Bush

Said v. Bush

Al Halmandy v. Bush

Mohammon v. Bush

Al-Quhtani v. Bush

Thabid v. Bush

Rimi v. Bush

Al Salami v. Bush

Al Shareef v. Bush

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Case No. 05-CV-2223 (RJL)

Case No. 05-CV-2248 (ESH)

Case No. 05-CV-2249 (RMC)

Case No. 05-CV-2336 (PLF)

Case No. 05-CV-2348 (EGS)

Case No. 05-CV-2349 (RMC)

Case No. 05-CV-2367 (RWR)

Case No. 05-CV-2369 (RWR)

Case No. 05-CV-2370 (EGS)

Case No. 05-CV-2371 (RCL)

Case No. 05-CV-2376 (RBW)

Case No. 05-CV-2378 (JDB)

Case No. 05-CV-2379 (JR)

Case No. 05-CV-2380 (CKK)

Case No. 05-CV-2381 (JDB)

Case No. 05-CV-2384 (RWR)

Case No. 05-CV-2385 (RMU)

Case No. 05-CV-2386 (RBW)

Case No. 05-CV-2387 (RMC)

Case No. 05-CV-2398 (ESH)

Case No. 05-CV-2427 (RJL)

Case No. 05-CV-2452 (PLF)

Case No. 05-CV-2458 (RWR)

Case 1:05-cv-01429-UNA Document 98 Filed 02/13/2008 Page 9 of 28

Khan v. Bush

Hussein v. Bush

Al-Delebany v. Bush

Al-Harbi v. Bush

Feghoul v. Bush

Rumi v. Bush

Ba Odah v. Bush

Wasim v. Bush

Nasser v. Bush

Naseem v. Bush

Khan v. Bush

Matin v. Bush

Rahmattullah v. Bush

Ismatullah v. Bush

Yaakoobi v. Bush

Taher v. Bush

Akhouzada v. Bush

Azeemullah v. Bush

Toukh v. Bush

Naseer v. Bush

Khan v. Bush

Al-Shibh v. Bush

Ezatullah v. Bush

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Case No. 05-CV-2466 (RCL)

Case No. 05-CV-2467 (PLF)

Case No. 05-CV-2477 (RMU)

Case No. 05-CV-2479 (HHK)

Case No. 06-CV-0618 (RWR)

Case No. 06-CV-0619 (RJL)

Case No. 06-CV-1668 (HHK)

Case No. 06-CV-1675 (RBW)

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Case No. 06-CV-1676 (RJL)

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Case No. 06-CV-1677 (RCL)

Case No. 06-CV-1678 (RCL)

Case No. 06-CV-1679 (RMU)

Case No. 06-CV-1681 (JDB)

Case No. 06-CV-1682 (RJL)

Case No. 06-CV-1683 (JR)

Case No. 06-CV-1684 (GK)

Case No. 06-CV-1685 (JDB)

Case No. 06-CV-1686 (CKK)

Case No. 06-CV-1687 (ESH)

Case No. 06-CV-1689 (RMU)

Case No. 06-CV-1690 (RBW)

Case No. 06-CV-1725 (EGS)

Case No. 06-CV-1752 (RMC)

Case 1:05-cv-01429-UNA Document 98 Filed 02/13/2008 Page 10 of 28

Hakmat v. Bush

Legseirein v. Bush

Al Ghith v. Bush

Suliman v. Bush

Elisher v. Bush

Gul v. Bush

Abdessalam v. Bush

Lal v. Bush

Saleh v. Bush

Hentif v. Bush

Al-Zarnouqi v. Bush

Al-Maliki v. Bush

Algahtani v. Bush

Nasser v. Bush

Al Shubati v. Bush

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Case No. 06-CV-1753 (EGS)

Case No. 06-CV-1754 (GK)

Case No. 06-CV-1757 (RJL)

Case No. 06-CV-1758 (RMC)

Case No. 06-CV-1759 (JDB)

Case No. 06-CV-1760 (RMU)

Case No. 06-CV-1761 (ESH)

Case No. 06-CV-1763 (CKK)

Case No. 06-CV-1765 (HHK)

Case No. 06-CV-1766 (HHK)

Case No. 06-CV-1767 (RMU)

Case No. 06-CV-1768 (RWR)

Case No. 06-CV-1769 (RCL)

Case No. 07-CV-1710 (RBW)

Case No. 07-CV-2337 (HHK)

Yazidi v. Bush
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Case No. 07-CV-2338 (HHK)

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RESPONDENTS’ NOTICE OF REPORT REGARDING PRESERVATION

On January 24, 2008, the Court in Abdullah v. Bush, C.A. No. 05cv23 (D.D.C.) (RWR), a

habeas corpus proceeding such as this one, brought on behalf of a Guantanamo Bay detainee,

entered an order requiring the filing of a report with regard to preservation issues. On February

8, 2008, respondents filed a Report providing certain information, and a motion for

Case 1:05-cv-01429-UNA Document 98 Filed 02/13/2008 Page 11 of 28

reconsideration or, in the alternative, for a stay of part of the order.1 For the Court’s information,

respondents are hereby providing a copy of that Report.2

1 The motion for reconsideration or, in the alternative, for a stay was predicated on the
concern of specially-appointed Acting United States Attorney John Durham that a criminal
investigation that he is heading with regard to the destruction of certain tapes by the Central
Intelligence Agency would be jeopardized by a further report. As Mr. Durham explained, his
concerns would not be implicated by a report on the matters set forth in the Report filed by
respondents and in the annexed declarations.

2 By filing this notice, respondents do not mean to suggest that the Court has jurisdiction over
all, or any, of these petitions, or that the matters discussed in the annexed declaration are
necessarily material to all of these petitions. Indeed, although some of these petitions have been
dismissed, respondents identified those cases in which to file this notice on an over-inclusive,
rather than under-inclusive, basis.

Certain material in one of the declarations filed along with the attached Report,

specifically paragraph 9 of the declaration of Rear Admiral Mark Buzby, has been and is hereby
designated as protected information and redacted from the attached declaration for public filing
in accordance with the Protective Orders and supplemental orders permitting such designation
that have been entered in various of the above-captioned cases. An unredacted version of the
declaration will be provided to the Court and to counsel where appropriate in accordance with
any Protective Orders and supplemental orders entered in the cases.

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Case 1:05-cv-01429-UNA Document 98 Filed 02/13/2008 Page 12 of 28

Dated: February 12, 2008

Respectfully submitted,

JEFFREY S. BUCHOLTZ
Acting Assistant Attorney General

CARL J. NICHOLS
Deputy Assistant Attorney General

DOUGLAS N. LETTER
Terrorism Litigation Counsel

/s/ Judry L. Subar
JOSEPH H. HUNT (D.C. Bar No. 431134)
VINCENT M. GARVEY (D.C. Bar No. 127191)
JUDRY L. SUBAR (D.C. Bar No. 347518)
TERRY M. HENRY
ANDREW WARDEN
JAMES C. LUH
Attorneys
United States Department of Justice
Civil Division, Federal Programs Branch
20 Massachusetts Ave., N.W.
Washington, DC 20530
Tel: (202) 514-4107

Attorneys for Respondents





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Case 1:05-cv-01429-UNA Document 98 Filed 02/13/2008 Page 13 of 28

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLUMBIA





Petitioners,

HANI SALEH RASHID ABDULLAH,
et al.,

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Respondents.

GEORGE W. BUSH, et al.,



v.

Civil Action No. 05-00023 (RWR)

RESPONDENTS’ REPORT FILED IN CONNECTION

WITH ORDER OF JANUARY 24, 2008

Respondents respectfully submit this Report focusing on the recent steps they have taken

to ensure the preservation of material relating to all detainees detained by the Joint Task Force –

Guantanamo(“JTF– GTMO”) at Guantanamo Bay, Cuba.

In the wake of the recent revelation of the destruction of certain tapes by the Central

Intelligence Agency (“CIA”), both the Department of Defense (“DOD”) and the CIA have taken

new and additional steps to ensure that material relating to all Guantanamo Bay detainees is

being preserved. The Court is respectfully directed to the attached declarations of General

Michael Hayden, Director of the Central Intelligence Agency (“CIA”), Rear Admiral Mark

Buzby, Commander of JTF– GTMO, and Karen Hecker, a DOD attorney responsible for

overseeing litigation in which DOD is involved. Those declarations describe such steps, as well

as additional information regarding a preservation issue.

In particular, General Hayden’s declaration describes the directive he issued on

December 20, 2007, to all CIA personnel, which requires them to preserve and maintain all

documents, information, and evidence relating to any detainee ever held at Guantanamo Bay and

Case 1:05-cv-01429-UNA Document 98 Filed 02/13/2008 Page 14 of 28

any detainee held by the CIA, including any detainees who may be held in the future. As the

directive makes clear, it “is a continuing obligation that applies to future as well as past and

present detainees.” Hayden Declaration, ¶ 4.1

Ms. Hecker’s declaration describes a directive that the DOD Office of General Counsel

disseminated within the Department of Defense on December 19, 2007, and that obligates “all

relevant DoD components reasonably likely to have information regarding current or former

Guantanamo Bay detainees” “to preserve and maintain all documents and recorded information

of any kind (for example, electronic records, written records, telephone records, correspondence,

computer records, e-mail, storage devices, handwritten or typed notes) that is or comes within

their possession or control.” Id., ¶¶ 2, 3. Under standard DOD practice, each component

receiving the directive was to ensure that all relevant personnel were made aware of it. Id., ¶ 3.

In addition to the formal communication of the directive of December 19, 2007, Ms. Hecker

personally communicated to a large number of DOD contacts with whom she regularly works on

Guantanamo Bay matters that the formal directive would be arriving through regular channels

and that they should disseminate it as appropriate. Id., ¶ 4.

Real Admiral Buzby’s declaration, in addition to describing his efforts to assure

continued preservation of material in accordance with DOD’s December 19, 2007, directive,

describes aspects of security monitoring systems that were used at several of the detention camps

1 Even though the CIA is not a named respondent in this matter, and would not be a proper
respondent in any event, see Rumsfeld v. Padilla, 542 U.S. 426, 436 n.9, 447 n.16 (2004)
(discussing identity of proper respondent in habeas cases under rule limiting proper respondent
to custodian and citing cases involving extraterritorial detention, where although rule is
somewhat more relaxed proper respondent is head of military department holding detainee), the
CIA’s efforts to preserve material are described here because it was the CIA’s actions on which
the Court focused in issuing its January 24, 2008, order.

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Case 1:05-cv-01429-UNA Document 98 Filed 02/13/2008 Page 15 of 28

operated by JTF – GTMO. As described in Real Admiral Buzby’s declaration, those systems

recorded information on a routine basis of largely mundane day-to-day activities. Some of that

information was overwritten automatically by virtue of the routine operation of the equipment.

In light of the possibility that some of that information might have related to petitioners in this

and other cases, respondents are providing the description in Real Admiral Buzby’s declaration

of those systems and the recent steps taken concerning them. In particular, Real Admiral Buzby

describes the steps taken to preserve all available information on the recording systems he

discusses.

Certain material in the Buzby declaration, specifically paragraph 9, has been and is

hereby designated as protected information and redacted from the attached declaration for public

filing in accordance with the Protective Order permitting such designation that has been entered

in this case. An unredacted version of the declaration will be provided to the Court and to

counsel in accordance with the Protective Order.

Contemporaneously with this Report, respondents are filing a motion for reconsideration

or, in the alternative, for a stay of this Court’s order of January 24, 2007, insofar as it requires a

report on any other matters not set forth in this Report and its accompanying declarations. That

motion explains why any further report threatens to undermine and compromise the criminal

investigation being conducted by specially-appointed Acting United States Attorney John

Durham of the Department of Justice.2

2 Respondents intend to provide the information contained in this Report in the various other
habeas cases brought in this Court on behalf of Guantanamo Bay detainees as soon as a filing in
that large number of cases can reasonably be effected. (The protected information in the Buzby
declaration will not, of course, be provided in those cases in which orders governing the filing of
protected information are not in effect.)

3

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Dated: February 8, 2008

Respectfully submitted,





JEFFREY S. BUCHOLTZ
Acting Assistant Attorney General

CARL J. NICHOLS
Deputy Assistant Attorney General

DOUGLAS N. LETTER
Terrorism Litigation Counsel

/s/ Andrew I. Warden
JOSEPH H. HUNT (D.C. Bar No. 431134)
VINCENT M. GARVEY (D.C. Bar No. 127191)
JUDRY L. SUBAR (D.C. Bar No. 347518)
TERRY M. HENRY
ANDREW WARDEN
JAMES C. LUH
Attorneys
United States Department of Justice
Civil Division, Federal Programs Branch
20 Massachusetts Ave., N.W.
Washington, DC 20530
Tel: (202) 514-4107

Attorneys for Respondents

4

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APPROVED FOR PUBLIC FILING

PROTECTED INFORMATION REDACTED

DECLARATION OF REAR ADMIRAL MARK H. BUZBY

5, Mark Ho Buzby, am a Rear Admiral in the United States Navy w~th 28 years of

active duty service. I currently serve as the Commander of Joint Task Force .-

Ouantanamo (JTF-GTMO), at Guantanamo Bay: Cuba (Guantanamo.). I have held this

position since May 22, 2007. As such, I am directly responsible for the successful

execution of the JTF-GTMO mission to conduct detention, and interrogation operations

and exploit intelligence in support of the (}!obal War on Tenor, coordinate and

impIement detainee screening operations, and support law enforcement and war crimes

investigations. In my capacity as Commander, I oversee all personnel assigned to, and all

operations of, JTF-GTMO. "*" "

, he mformat~on provided herein is true and correct to the



best of my knowledge, information, and belie£

!. On 19 December 2007, the Office of DoD General. Counsel reiterated Dot)

guidance to preserve all information relating to detainees. Alter receipt of that reiterated

guidance, i directed that th.is command confirm 1.00% compliance. As a result of actions

undertaken in connection with. my direction.. [ have iearned the information contained

herein wi~ regard to digital recording systems that exist at the detention facilities

operated by JTF~GTMO.

2. "iFne detainees at JTF-GTMO are housed in various detention camps.

Activities taking place in Camps 4, 6, Echo, and tguana have been recorded 24 hours per

day, seven days per week (hereafter referred to as ’~full-time") by means of digital video

recording (DVR) systems that are part of the video monitoring systems that guards use to

ensure good order and discipline v~J~:hin the camps, In Jan-c~ary 2008, i.t was brought to

my attemion that such DVR systems may i~ave been automatica!Iy overwriting video data

Case 1:05-cv-01429-UNA Document 98 Filed 02/13/2008 Page 23 of 28

contained on recording de~,ices, at predetermined intervals. ~l-hat is, only a specified

number of days’ worth of recorded data could be retained on the recording devices at a

time. The specified interval varies from system to system, as discussed below. Thus, a

DVR device on any given day would retain only data ~om the specil~ed inte~,al. On

each day, theretk~re, images fi’om dates older fhan the applic~ible interval were

automatically overwri~en. After an initial review determined that old data was being

overx~q’itten automatical!y, on January ! 6, 2008, t ordered that al! recording on such

systems be suspended to ensure that no data currently stored thereon was lost. The

inte~a,’al at which recorded data was overwritten was determined by the technological

storage capacity of each. recording device and was not deliberately or purposely set by

JTF-GTMO. JTF-GTMO has not yet identified technology currently available for use at

JTF-GTMO that would allow for the preservation of al! data recorded on a full-time

basis.

3. ~n the camp known as Camp 4, a DVR system was u~itized to record the day-

to-day activities of detainees and staff within the camp. The system was par~ of the

video-only monitoring system that was used by the guard s~affto oversee activities in the

camp fbr the purpose of ensuring good order and discipline within the camp. Or~ or about

May 18, 2006, the DVR system then in use was disabled to assist with the investigation

of a dismrbance in Camp 4. This particular DVR system was not then again ptaced into

service in ~he camp. JTF-GTMO has possession of the original DVR system, consisting

of ibur separate recording devices, which was instailed in Camp 4. We suspect that the

recording dex:ices contain recorded data but we are unab!e techno!ogically to confirm

whether data remains on the recording devices. JTF~(.~TMO will continue to preserve the

Case 1:05-cv-01429-UNA Document 98 Filed 02/13/2008 Page 24 of 28

recording devices and any data thereon. Following the events of May- 18, 2006, a more

limited DVR system was installed in Camp 4 to monitor and record data pertaining to

Yankee Block in Camp 4, the only block housing detainees following tine disturbance of

May 18, 2006. JTF-GTMO is in..possession of the DVR system, consisting of one

recording device, used for this pu~ose, but we are unable technologicaIly to confirm

whether data remains on the recording device. J~I?F-GTMO will continue to preserve the

recording device and any data thereon.

4. On or about February I, 2007, JTF-GTMO irtstatled a new DVR system in

Camp 4. This system, like the previous system, recorded video images observed by

video-only cameras that were displayed on video monitoring screens in a central control

booth. Like the original systems, tlhe images that were recorded with this system

consisted of video images of each housing bay and common areas of the camp. The

DVR system operated on a full-time basis. Much of the information recorded showed

routine or mundane dayto-day activities, such as guards patrolling camp areas, as weIl as

detainees eating, praying, or recreating. As v, dth the original systems, the video

monitoring was done for security purposes and guard staff monitored the screens upon

which the ~ideo images were sho’~. Recorded data was not routinely examined. As

noted abo~e, the technical capacities of the DVR sys~.em’s recording devices were such

that at cexain intervals there was automatic ove_rwriting of previoust:y recorded data.

Camp 4 used four such recording devices. Now that those systems have been suspended

per my January 16, 2008 order, the information preserved on the four devices consists of

data t?om the pe~ods December 29, 2007 through Janua~, 1,~, 2008; January 5, 2008

~hrough. January i6, 2008; December 29., 2007 thro~gh January I6, 2008; and December

Case 1:05-cv-01429-UNA Document 98 Filed 02/13/2008 Page 25 of 28

30, 2007 through January 16, 2008. As noted above; the system was disabled on Janua~’

16, 2008, to preserve data that was stored thereon.

5. In the camp known as Camp 6, a video-only DVR system (such. as that used in.

Camp 4) was in use fi’om on or about December 7, 2000, the date of the Camp’s opening,

until Janua~: I6, 2008. The system was part of the video-only monitoring system that

was used by the guard .~taffto oversee activities in the camp for the purpose of ensuring

good order and discipline within the camp. Th:e Camp 6 DVR system covered common

areas within the camp, but not cells. Camp 6 used four recording devices in its DVR

system that automatically over~.Tote data in the same way, and under the same conditions

that data was overwritten in Camp 4. Now that those systems have been suspended per

my January 16, 2008 order, the information preserved on the !.bur devices consists of data

tYom the periods December 1, 2007 through Jan.ua~ !6, 2008; December 3, 2008 through

Janua~~ t6, 2008; December 4, 2007 through January 16, 2008; and December 21,2007

through Janua~y 16, 2008. As noted above, ~&e system was disabled on January 16, 2008,

to preserve data that was stored thereon.

6. In the camp .known as Camp Echo, a DVR system (such as was used in Camps

4 and 6) was utilized to record the day-to-day activities of detainees in the ce!ls within ti~e

camp. The system ~vas pm"t of the video-.onty mor~itoring system that was used by the

guard skaff to oversee activities in the camp for the p~arpose of ensuring good order a~d

discipline within the camp. A DVR system that was installed on an unknown date prior

to April lz, zOO6, operated matiI on or about October I, 2006. ~at

¯ - "-

s :s,~em consisted of

~wo DVRs. JTF-GTMO is in possession of the DVR system uaed unti! October I, 2006.

JTF-G’rMO is unable te.c.hnotoglcally to con!~.~..,~, whe~er data is stored on the devices

Case 1:05-cv-01429-UNA Document 98 Filed 02/13/2008 Page 26 of 28

that were pan of that old system. The old system was replaced by a new DVR system

similar to the systerr~s used in Camp 4 and Camp 6. 2"he new DVR system monitored and

recorded, full-time, the inside of detainees’ cells and the back gate, but not common

areas. As noted above, this new DVR system was disabled on January 16, 2008, to

preserve data that was stored thereon. The information preserved on the new DVR

system consists of data from the periods December 20, 2007, through January i6, 2008;

and November 24, 2007, through January 16, 2008.

7. In the cmnp known as Camp Iguana, a DVR system (such as was used in

Camps 4, 6, and Echo) was utilized to record the day-to-day activities of detainees within

t.he camp. The system was part of the video-only monitoring system that was used by the

guard staff to oversee activities in the camp for the purpose of ensuring good order emd

discipline within the camp. This system was replaced on or about October 12, 2007 by a

new DVR system. JTF-GTMO is in possession of the old recording device that was

replaced, but is unable techno!ogicatly to confirm. ~;aether data is stored thereon. From

October 12, 2007, until January 16, 2008, the new DVR system., operated in the camp on a

full-time basis w:hen detainees were present in the camp. J’I"F-GTMO has not housed

detainees permanently in this camp since the detainees c!assified as being ’"No Longer

Enemy Combatants" were transferred t?om Guantanamo in November 2006. Since these

detainees were transferred, Camp Iguav~a has been used primarily ~o facilitate habeas

cou~.seI visits ",~th their detainee clients. As permitted by the Protective Orders

applicable in these cases. JTF-GTMO conducted video monitoring of such mee~:ings
ensure the safety and security’ ~’ ^

~ o..~ ,.oun.se~ and detainees. Video images of such meetings,

..

therefore, wou~d ha~;e been automatically recorded in the same manner as other video

Case 1:05-cv-01429-UNA Document 98 Filed 02/13/2008 Page 27 of 28

images observed by the system. This system also has a standard overwrite function at a

specified interval, but any recordings from December 26, 2007 through January 16, 2008,

the date it ~,~:as disabled, have been preserved. Recorded data of counse!-detainee

meetings was no~ examined. As noted above, the system was disabled on January 16,

2008, to preserv.’e data that was stored thereon.

8. Following my order on January !6, 2008 suspending operation of the

automatic DVR systems, and at the present time, JTF-GTMO has installed an

demand" recording capabiliD" in Camps 4, 6, Echo, and Iguana, that is sepm’ate from the

recording devices that were used prior to January ! 6, 2008. During this period of

suspension, the guard staff has been directed to video record, on an "on-demand" basis,

all significam events in. Camp 4, 6, Echo, and Iguana, including: forced cell .extractions;

medical emergencies; incidents of suspectedialIeged guard misconduct; incidents of

possible self harm or injuries to detainees; signi.~Scant damage to government property;

mass disturbances by detait~.ees; and any other similar events. The on-demand recording

now used contains data that continues to be preserved and the guard staff has been

directed to preserve any such recordings. Although t.he on-demand recording system is

connected to the video monitoring system in each camp, it is not connected to the DVR

system recording devices that contain previously preserved data, and can in no way

jeopardize the da*.a that is curren~!y preserved on. those devices.

Case 1:05-cv-01429-UNA Document 98 Filed 02/13/2008 Page 28 of 28

10. This declaration i.s not intended to provide a complete catalogue of al! video

and/or audio recordings made of detai~aees held at JTF-GTMO, although I am in,brined,

and believe, that it is a complete discussion ofth.ose JTF-G~I ~/I0 video and/or audio

monitoring systems that included a standard recording feature as m Which recorded data

was automatically overwritten at specified intervals.

I dectare under penMty of perjury under the laws of the United S~ates of America

that the foregoing is true and correct.

MARK H. BUZBY
Rear Admiral, United
Commander, Joint Task Force -
Guantanamo