Bismullah v. Rumsfeld

'''In the United States Court Of Appeals for the Distrcit of Columbia Circuit'''

Protective order and procedures for counsel access

to 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

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.

Penalties for Unauthorized Disclosure
Part Two – Initiation of Suit under Detainee Treatment Act

“Next Friend” Lawsuits
Part Three – Procedures for Counsel Access to Detainee

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.

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 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.

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: