STAFF ACTION COVER SHEET TASK FORCE 435 SUBJECT: Separation Packet lorlSN: 0200390P DATE: 05 PROBLEM 0R REASON FOR ACTION: Request review and approval of Separation packet by Commandng General JTF-435. FACTS OR DISCUSSION: Request TF 435 C(nttmanding General authorize the use of restricted inten'ogation technique Separation (20089). who is an unlawful enemy combatant. Separation will last for thirty (30) days and will begin upon approval of Separation packet. 20089 has been in general population cell Ci? since moving to the Detention Facility in Parwan (DFIP) from the Bagram Theater Facility in mid- December 2009. Separation will be used in addition to the normal DFIP procedures. but the total time of Separation will not exceed thirty (30) days unless an extension is approved. RECOMMENDATIONS: TF 435 CG. approve separation packet. {mm} ATURE: SECTION CHIEF NAMEJSIGNATURE: (bll?l COORDINATION 1" APPROVAL APPROVAL I REM ARKS: Discussion. (Referrals. Background. Options. mme ?mm? Ema.?an Impacts Conclusrons from coordinatlon l" approval sectlon) 00.1?. lbit3l. lbll?l Calcutt- into}. (brewers TIC we? gnu-4?0 JTF 435 CC JTF 435 TRACKING NUMBER Civil No. BUZZFEED, INC et al.. V. DOD 0.01319 Table of Contents 1) INNER FRONT COVER: 3. Table of Contents b. Legal Review of Request for Separation e. Detainee Decision Memorandum d. CENTCOM Approval Memorandum for Separation 2} TAB FRONT: Memorandum to Request Separation 3) TAB I BACK: a. Detainee Medical Assessment 13. Detainee Mental Health Assessment 4} TAB 2 FRONT: a. Interrogator Certi?e atinn Packet TAB 2 BACK: Interrogation Plan 6) INNER BACK COVER: Civil No. BUZZFEED, INC et al., v. DOD 001320 DEPARTMENT OF DEFENSE UNITED STATES FORC ES-AFG HANISTAN JOINT TASK FORCE - 435 TASK FORCE PROTECTOR BAGRAM AIRFIE LD, AFG HANISTAN APO AE 09354 JEEPLT 0F JTF-435-TFP-JA 15 January 2010 MEMORANDUM FOR Commanding General, U.S. Forces Afghanistan, APO Ali 09356 SUBJECT: Legal Review of Request for 30-day Separation for (mints 020089DP l. I have conducted a legal review of the request for 30?day separation for020089DP (20089). The request is legally suf?cient. 2. Detainee 20089 was captured on 4 December 2009 by I 20039 is assessed to be an a Haqqani Network improvised explosive devise (JED) trainer. and provides IED training at camps in the Khowst Province. 3. Detainee 20089 is an enemy combatant (unprivileged enemy belligerent)- As such. application of the restricted interrogation techniqtte "separation" is legal when conducted in accordance with the provisions of FM 2-223. Review of the proposed interrogation plan connected with this request is also in compliance with FM 2-223. 4. The analyst?s assertion that separation is necessary to collect valuable intelligence information is supportable. The Detainee will liltciy have information on Taliban?-IQN leadership, IED making TTPs. and TalibaanQN networks in the Khowst Province. 5. According to medical and mental health examinations. 20089 is a healthy. 25-year old male who presents no acute physical or mental health issues. Use of the separation technique on such an individual does not constitute inhumane treatment nor does it violate any existing law or policy. Detainee 200893 condition will be monitored on a daily basis. including before and after interrogations. and separation should be immediately terminated if the technique has a negative impact on his otherwise healthy status. 6. The request memorandum adequately addresses the safeguards stipulated by FM 2-223, Appendix M. Limits on duration. interval betwoen applications. emergency and routine medical support. certification of interrogators. applicability of all law and policy. minimum environmental conditions, and provisions for uninterrupted sleep are all within the acceptable standards outlined in FM 2-213. a v'ri Civil No. BUZZFEED, et al.. v. 001321 . gaugi?lgigu? JTF-435-TFP-J A SUBJECT: Legal Review of Request for 30-day Separation for 020089DP 7. Use of separation on this individual would be consistent with current US. law and policy. 8. FCC for this memorandum is the undersigned at DSN Detention Operations Judge Advocate Civil No. BUZZFEED. INC et al.. V. DOD 001322 DEPARTMENT OF DEFENSE HEADQUARTERS. comsmsouomr TASK FORCE iCJ'rFi-irz AIRFIELD. AFGHANISTAN AE 09354 TB ATTENTION 0F 15 DECEMBER 2009 MEMORANDUM FOR TF SUBJECT: Detainee Transfer Request forl {mus} date of capture 04 December 2009. 1. The request to transfer above referenced individual to Bagram Theatre Internment Facility (BTIF) is approved. 2. Justification: Is a PUC and meets criteria for further detention at the BTIF- individual may possess information of intelligence value. 3. Unit must arrange transfer to the within 96 hours. Unit must coordinate PUC transfer to Bagram with TF Protector Detainee Operations at least 24 hours prior to arrival. This approval is void after 96 hours without CJTF-SZ approval- Point of contact for this action is TF Protector Battle Captain at 4. Unit must forward supporting documentation for intelligence exploitation of this individual. including. but not limited to: detailed narrative of circumstances of capture. photos of captured weaponsfmaterials. pocket litterrcaptured enemy documents, tactical questioning or interrogation reports. analyst and targeting products. and statements from. or reliability statements regarding sourcesfcontacts used to identifyltarget the detained individual- 5. The point of contact for this memorandum is at HOriginal Signed by 6J2 on ?15 DEC 2009 (bil?l. (bli?l CJTF-32 CJ2 Civil No. INC etjal? v. 001323 FQR UNITED STATES ENTRAL COMMAND OFFICE OF THE COMMANDER 1115 SOUTH BOUNDARY BOULEVARD AIR FORCE BASE, FLORIDA 33521-5101 DST nous MEMORANDUM FOR DISTRIBUTION SUBJECT: Approval of Restricted Interrogation Technique REF: Detainee Treatment Act of 2005, Pub. L. No. 109-163. Title JEIV Field Manual?FM} 2?22.3, Human Intelligence Collector Qperations. Appendix M, dated 5 SeptEmber ZOUG 1. FM 2-22.3, Appendix M, provides detailed guidance on use of separation as a restricted interrogation technique and establishes procedures for obtaining approval for use of this technique. The first requirement is Combatant Commander approval for use of this technique in the theater of operations. 2. I hereby authorize the employment of the separation interrogation technique in the US Central Command area of operationa with the following caveats: Separation for interrogation is authorized by exception and only when there is a good-faith belief that the detainee is likely to possess important intelligence and other interrogation techniques outlined in_FM 2-22.3, Chapter 3, are insufficient; approval by the first GeneralfFlag Officer in.the chain of command is required for each specific use of this technique. 3. Utilization of this technique must follhw the requirements outlined in Appendix H. FM 2-22.3. The separation interrogation technique must be used humanely, in accordance with applicable law and policy, including reference Common Article 3 of the Geneva Conventions. and relevant Department of Defense Directives. A11 Joint Task Force and-component commanders will submit their implementing guidance to CCJ2 for review. cw" JOHN P. ABI General. USA DISTRIBUTION: Commander, Hulti?National Forces Iraq Commander, Combined Forces Command Afghanistan Commander. Combined Joint Task Force Horn of Africa Commander, v.5. Army Forces Central Ommnand Commander. U.S. Naval Forces Central Command Commander, U.S. Marine Forces Central Command Commander, U.S. Air Forces Central Command USE 9?h? Civil NO. BUZZFEED. INC et al., V. DOD 001324 Calm-lander, U.S. Special Operations Forces Central Camand Commander, Task Force Civil No. BUZZFEED, INC et al., V. DOD 001325 DEPARTMENT OF DEFENSE 1m n?m suns FORCES-AFGHANISTAN mm 1551: men-us :23; av "mama GROUP mam AIRFIELD. AFGHANISTAN APO AB @354 JTFAJS-TIGCDR 05 January 2010 MEMORANDUM THRU TIP-435 111nm lnulligmcc Group cm. Hagan! AirFicld. Afghanistan APO AE 09354 FOR Conumdhig Gena-d, TIT-435, 315mm Air Field, A.me APO AE 09354 SUBJECT: Request use of?m'icted [Mm-option Tachniquc mm mm: (am; I. WkequestTF 4-35 Commanding Gena-a] (CG). mtho?ze the use afresu'iucd intmogalion technique Separa?on Imm?l? (20039). who is an m?aw?il my oomhalmt. Stipulation will Jul for thirty (30) days and will begin Upon approval of Separation packet. 20089 has him: in general Mula?on mil since moving to the detionFaci?ty inParwan Dam Facilityinmid- WZW. Separation [ml the total ?mcofScparutinn will notcxcaed ?irty (3-0) days unless mama: is approved. 2. EWWB din-ind on 4 December 2009 by humil?on wiill Otgiwtiv: IEI 20089wuuptm?td dwinglnowuiunmgninghim asthc pcrsun ofimintst. Tania] questiunitgand ant-shite sit: annihilation vaulted in 2 dc?imcs. on: ofWhich being 211039. Special intelligmoe indicate: Ihd 20039 is a Haqqimi Network JED inincr lint nasal-lth mk?ngmnin 3mm: mm?teAf?mrPakim bot-dc. Detaineercpom whorl: genial-HQde leadership. Special hmlligeme indicaeelhathe isnrhasmiveds'uicide Miniilingand lussent HQN man-mitith in mm Shah. Nonh Wazirisum Agency, Administered Pakistan . Special imelligencc also indium lint he assisted HON inIEDtrninin cam Dislrict. works forT WE ?Plum-HE] :1 4. {Sim Detainee 20089 whirls I widenble amount ofintell-igcnoa Based on repair-this misled With 20089. it is ran-unable to believe he knows infonna?m puuiningta senior leadership Whigs in bath the HQN and Nations. the {level-spines? and anployiug of types ofIED's, hismrinl attack infummon. rum:th T'ng caches, mining and trainees, cmtact information for multiple levels of pummli?es, Militants 1nd their networks, and supplies fur IED components. 5. Wm 2mm resisum duringhis Minna-roman. but did discuss A?crrdurningtohis amen! Wall, 20089?: ?mainly uncoopn?vefu'his second I'm re?ning ZDOIDappearsIohave mandamus] but-mom WMms?nmdw Civil No. 1Z14-CWD. INC et al., v. DOD 001326 SUBJECT: Requst for Us: :5me Technique mm 6. WI (mm: 1 (by: 1 )1 .4: By not inputting 20089, nimble hm?im infommian could be tainwd. ifno: all [on 7. WINEZOMSF male who MB no inhamt ham-I inns. mdnudial hlvaclau'edhim technique unlined in PM 2-213. 8. Separation will last thirty {30) days. All tppliuble nl?omL TF 435 and Task Fm SORmnainineffect. Emmiwill hem-rained medical and mum] bald-lure pmfessiumls. 9. (5mm Wm of20019 will be tel-minim] When inlelligmce causation e?'om hive been animated. or Windy-rm 111::de ofmediul puma]. IO. [WMin??ed mightuisc. 20089w?lcontinuetobcmed befaruand medical pawl. 11. W1 mamas? will b: DODand TF435 mm mw FM 12. WJmeiil ?physicalonnditiam 20039qu ballmfemmicu MUS in PHI-213, Human intelligence Collector Opuuions. memmofzoos. 13. will receive no fawn-Hun ?ve hows oftmimu'rupted sleep pwday throughout his cycle TIER Fm Plum SOP. I4. (U) Point 11me for this is the undersigned at DS (MG). (W5) JIDC Commander Civil No. 1:14-w-mw INC et al.. v. DOD 001327 mom - ITF-43 SUBJECT: Request for Use of Restricted Separation Techniqw for (bus) 2008912)]? {31mg TIG Appm Simm mica), mm CG: Apprm tied 3c: (tans) Sig?. @430 Civil No. BUZZFEED, INC et al., V. DOD 001328 Hui 3mm m. 11.3. Special nan: rare-an Canal Comm-:1 War. Force a . Civil No. BUZZFEED, INC et al., V. DOD 001329 - -- DEPARTMENT OF DEFENSE I communes - JOINT neurones 435 ,2 {l APO AE 093-56 l? REPLY REFER 31A Januanr 2010 MEMORANDUM FOR Commander. Joint Task Force 43 5 Separation Packet for Detainee ISN (hm J14 02003913134 (bug) (U) I have carefully reviewed subject request for saparation 2. (S) Detainee was captured assessed to be a Haqqani Nemork IED trainer that runs a HQN training camp in Khost Province. The Detainee Transfer Request is dated l5 Dec 09- Detainee?s Medical Health Assessment was completed on 7 Jan 10 and his Mental Health Assessment was completed 5 Jan 10. The JIDC Director submitted the subject Request for Restricted Interrogation on 5 Jan 10 and the TIC: Director approved 242.3 Appendix states that "Who purpose oj'seporalion is to deny the detainee the appear-runw- to communicate with other detainees in order to leap him from learning counter- rerirronce techniques or gathering new information to support a cover siary; decreasing the detaineeir resistance to interrogation. Over six weeks have passed since detainee's capture. It is unclear as to why the technique of separation is being sought at this late date. Detainee has enjoyed suf?cient time in the company of other detainees to develop a cover story andior learn interrogation resistance techniques. 4. 1-59?1116 separation request is legally suf?cient. The request satis?es the requirements of PM 2-223. It is noteworthy that the request does not speci?cally state that other interrogation techniques are insuf?cient to effectively exploit the detainee. as is required by FM 2-223 and COMUSCENTCOM guidance of 17 OCT 06. However. there is suf?cient information contained in the request to reasonably deduce this fact. It is further noteworthy that the request contains references to ?Uniaw?il Enemy Combatants-" This term is a speci?c doctrinal term contained in FM 2-223 and therefore is appropriate in the context of this request. 5. (U) Based upon my review of the subject request and Lin: accompanying documentation, I ?nd the request to be legally unobjeetiomtble. e. (U) 1 am available to discuss this matter at your convonience. lbll3l. lbll?l Stan Judge Advocate Civil No. INC et al.. v. 001330 DEPARTMENT OF DEFENSE UNITED STATES FORCES-A FGHANISTAN my? To JOINT TASK FORCE-I35 we THEATER INTELLIGENCE GROUP BAGRAM AIRFIELD, AFGHANISTAN APO Ali 09354 05 January 2010 MEMORANDUM THRU JTF-435 Theater Intelligence Group Commander. Bagram Air Field. Afghanistan APO AB 093 54 FOR Commanding General. JTF-435, Bagran'l Air Field. Afghanistan, APO AE 09354 SU BJ ECT: Request Use of Restricted Interrogation Technique Separation in (mm. -ozooseor {saws} l. Request TF 435 Commanding General (CG). authorize the use of restricted inten'ogation technique Separation (20089), who is an unlawful enemy combatant. Separation will last for thirty days and will begin Upon approval of Separation packet. 20089 has been in general population cell Ci? 7 since moving to the Detention Facility in Parwan front the Bagram Theater lnternment Facility in mid- December 2009. Separation will be used in addition to the normal DFIP procedures. but the total time of Separation will not exceed thirty (30) days unless an extension is approved. 2. was detained on December 2009 b} Tia association with Objective 20989 Was captured during an operation targeting him as the person ni?int?erest. Tactical questioning and sens itive site exploitation resulted i112 detainees. one of which being 20039. Special intelligence indicates that 20039 is a Haqqani Network (HON) trainer that runs a HON training camp in Khost Province and the Bake Kheyl area near the Afghan?Pakistan border. Detainee reports to both senior HQN and Taliban and Tehrik-c-Taliban (TTP) leadership. Special Intelligence indicates that he is or has received suicide attack training and has sent i ?ghters to a training camp in Darga. Mir-ant Shah. North Waziristan Agency. Federally Administered Tribal Areas. Pakistan . Special intelligence also indicates that he assisted HQN (ENE) '03} in training camp in Shahristan District. Uruzan Province an to works for Taliban commanderl (MUS) land TTP leader (bits) 4. Detainee 20089 retains a considerable amount of intelligence information. Based on reporting associated with 20039. it is reasonable to believe that he knows information pertaining to senior leadership personalities in both the HON and TTP organism ions. the development and employin of nen-r types oflED's. historical attack information, recruitment TTPs, caches. training and trainees. contact information for multiple levels of insurgent personalities. facilitators and their networks. and suppliers for components. 5. Detainee 20089 was initially resistant during his ?rst interrogation. but did discuss nonpertinent in formation such as what he did for work and his village. After returning to his general population cell. 20089 was completely uncooperative for his second interrogation. refusing to answer questions and insisting that there was no evidence against 20039. 20089 appears to have received additional resistance to interrogation training between interrogation iterations from the deta'mes "'Sce'l' Civil No. BUZZFEED, INC et al.. v. 001331 SUBJECT: Request for Use of Restricted Separation Technique to (W6) J14 6. (bl-{Hide 1 I I By not separating 20089. valuable intelligence inl?onnation could be tainted. ilnot all together lost. 7. (?Stist'eili} 20089 is a healthy Iii-yea r-old male who presents no inherent physical or mental health issues- Doctors from both mental health and medical have cleared him for the use of the separation technique outlined in FM 2?213. 3. Separation will last thirty days. All applicable national. TF 43S and Task Force Protector directives. guidance and SOPs remain in effect. 20039 will be evaluated daily by both medical and mental health care professionals. 9. WSeparation of 20039 will be terminated when intelligence collection efforts have beon exhausted. or immediater upon the advice of medical personnel. (EMThere is a certi?ed physician on duty at all times to treat any medical emergency that might arise. 20039 will continue to be screened before and alter each interrogation by certi?ed medical personnel. l. (SWAN interrogations OFEUOSQ will be conducted by DOD and TF 435 theater certi?ed interrogators PM 3-213. 12. (?Sde?l- There will be no excessive or inadequate environmental or physical conditions imposed on 20089 throughout separation. 20089 will be treated legal. safe and ethical standards established in PM 2-213. Human intelligence Collector Operations. and the Detainee Treatment Act 13. WEDGE will receive no fewer than ?ve hours ol'uninterruPted sleep per day throughout his separation cycle Task Force Protector SOP. (U) Point ol'contaot forthis memorandum is the undersigned at DSN {one} . [bli?l JIDC Commander Civil No. 1:14?cv- 03 EU .ZFE INC et al.. v. DOD 001332 SUBJECT: Request for Use of Restricted Separation Technique Forl (mm) 20089DP (SHNF) Commander: (W3), (DRE) ,z'JJ/xf? CG: Approved Denied Duration Signature Date Civil No. 1:14?m??rwzg?E?ED, INC et aL, v. DOD 001333 Pages 1-5 through rodaclod for the following reasons: 0316} PHASE I 8: II INTERROGATOR THEATER CERTIFICATION unrr: it 419:? :7 .4202 MI PHASE I CERTIFICATION BRIEF Cert ifier Interrogator Inject Initials Date llnitials 3: Date JIF Mission Overview M6 CJTF-101 Standards of Conduct Detainee Cycle (W3). (W6) Interrogations and Approaches OverviewfReview Detainee Non-Negotiables, C(3le and Bagrarn JIF Standards ?tg Using an Interpreter . Vii Monitoring Requirements \?Ca Performance of Tactical Questioning FM 27-10, Adherence to Law Land and Warfare 2310.01, The department of Defense Detainee Program 3115.09, Intelligence Interrogations, Detainee Debrie?ngs and Tactical Questioning Detainee Treatment Act of 2005, Public Law No. 109-163, Title XIV PHASE II BOOTH CERTIFICATION - DATE: GolNo Go Comments ea ?o Ce in: -. JIF SENIOR INTERROGATOR JIF OPS CHIEF Iblt3). iblt?l Civil N0. BUZZFEED, INC et al., V. DOD 001336 DEPARTMENT OF DEFENSE JOINT INTERROGATIDN FACILITY TASK FORCE GUARDIAN COMBINED JOINT TASK Fence 52 sitcom AIRFIELD. AFGHANISTAN who as 09354 REPLY 1'0 ?l 3 June 2009 MEMORANDUM FOR RECORD SUBJECT: Agreement to Abide by CJTF-82 Standards of Conduct All certi?ed and others granted access to an interrogation facility must sign a Non-Disclosure Agreement and a statement that they will abide by the CJTF-BZ Standards of Conduct listed below; a. The Secretary of Defense has bestowed special trust and con?dence in our unit and its abilities to operate and manage this mission. As the present steward of this mission. we must faithfully discharge our duties and responsibilities to ensure we do not interfere with or compromise the proper control. custody. and treatment of UECs. We must remain vigilant and maintain a high state of situational awareness. We must not let our guard down or become complacent. b. Pursuantto our unit's charge. we must be mindful and adhere to the following principles governing our conduct: Be Keepers of the standards of discipline. law. and order on and off duty. (2) Understand and comply with the CJTF-BZ approved interrogation approaches and techniques and perform your duties in a professional military manner. Be professional in your actions and behavior at all times during contact with UECs. (4) Treat UECs in ways that do not infringe upon their cultural and human dignity. (5) Do not engage in any physical acts that would degrade. embarrass. or humiliate an UEC. yourself or your unit. (6) Be assertive and professional in yourcommands with the UEC. (7) Do not allow an UEC to pick up on conversations you have with other interrogators or interpreters. (8) Remember. we must treat UECs IAW the Detainee Treatment Act of 2005. DOD Directive 231 0.1 E. DOD Directive 3115.09. FM 2?22.15 and all other applicable law and policy. Never forget that you are an American ?ghting for freedom. responsible for your actions. and dedicated to the principles which made your country tree. c. Each day. we are challenged by our leaders. peers. and subordinates to do the best job we can. Resist any behavior or actions that might violate these Standards of Conduct or the Uniform Code of Military Justice. jeopardize your ability to do your job in a professional manner. or bring discredit upon yourself. GENTGOM or the American public. My signature below indicates my agreement to abide by the above mentioned CJTF-BZ Standards of Conduct. 3E4. Signature Date '3 1 Qt 1? Printed Name (bnmam??j Ranki'Duty Position (Ligament "Imp. .- N- Civil N0. BUZZFEED. INC et al.. v. DOD 001337 CLASSIFIED INFORMATION AGREEMENT AN AGREEMENT BETWEEN (one), (one) AND THE UNITED STATES I (Name of Individual - Printed or typed} l. Intending to be legally bound, I hereby accept the obligation contained in this Agreement in consideration of my being granted Access to classi?ed information. As used in this Agreement, classified information is marked or unmarked classi?ed information, including oral communications. that is classi?ed under the standards of Executive Order [2953. or under an other Executive order or statute that prohibits the unauthorized disclosure of information in the interest of national security; and unclassified information that meets the standards for classi?cation and is in the process of a classi?cation determination as provided in Sections H, 1.2, 1.3 and l.4(e} of Executive Order 12953, or under any other Executive order or statute that requires protection for such information in the interest of national security. I understand and accept that by being granted access to classi?ed information, special confidence and trust shall be placed in me by the United States Government. 2. I hereby acknowledge that I have received a security indoctrination concerning the nature and protection of classi?ed information, including the procedures to be followed in ascertaining whether other persons to whom I coutemplate disclosing this in formation have been approved for access to it, and that I tnderstand these procedures. 3. have been advised that the unauthorized disclosure, unau thorized retention, or negligent handling of classi?ed information by me could cause damage or irreparable injury to the United States or could be used to advantage by a foreign nation. 1 hereby agree that I will never divulge classi?ed infon'nati on to anyone unless: I have officially veri?ed that the recipient has been properly authorized by the United States Government to receive it; or I have been given prior written notice of audiorization from line United States Government Department or Agency (hereinafter Department or Agency} responsible for the classi?cation of information or last granting me a security clearance that such disclosure is permitted. I understand that if I am uncertain about the classi?cation status of information, I am required to con?rm from an authorized official that the information is Unclassi?ed before I may disclose it, excerpt to a person as provided in or above. I further understand that I am obligated to comply with laws and regulation that prohibit the unauthorized disclosure of classi?ed information. 4. have been advised that any breach of this Agreement may result in the termination of any security clearances I hold; removal from any position of special con?dence and trust requiring such clearances; or termination of my employment or other relationships with the Departments or Agencies that granted my security clearance or clearances. In addition, I have been advised that any unauthorized disclosure of classi?ed information by me may constitute a violation, or violations, of United States criminal laws, including the provisions of Sections 641, 0793, 1'94, 793. *952 and 1924. Title l8, United States Code. ?thc provisions of Section 783%), Title 5-D, United States Code, and the provisions of the Intelligence Identities Protection Act of l982. [recognize that nothing in this Agreement constitutes a waiver by the United States of the right to prosecute me for any statutory violation. 5. I hereby assign to the United States Government all royalties, remuneration's, and emoluments that have resulted, will result or may result from any disclosure, publication or revelation of classified information not consistent with the terms of this Agreement. 6. I understand that the United States Government may seek any remedy available to it to enforce this Agreement including, but not limited to application for a court order prohibiting disclosure of information in breach of this Agreement. I understand that all classi?ed information to which I have access or may obtain access by signing this Agreement is now and will remain the property of. or under the control of the United States Government unless and until otherwise determined by an authorized of?cial or ?nal ruling ofa court of law. i agree that I shall return all classi?ed materials which have, or may come into my possession or for which I am responsible because of such access: upon demand by an authorized representative of the United States Govemrnenl; upon the concIUsion of my employment or other relationship with the Department or Agency that last granted be a security clearance or that provided me access to classi?ed intervention; or Upon the conclusiOn of my employment or other relationship that requires me access to classi?ed information; or upon the conclusion of my employment or other relationship that requires access to classified information if 1 do not return such materials upon request, I understand that this may be a violation of Sections 793, andfor 1924,. Title 18, United States Code, a United States criminal law. 8. Unless and until I am released in writing by an authorized representative of the United States Government, I understand that all conditions and obligations imposed upon me by this Agreement apply during the time am granted access to classi?ed information, and at all times thereafter. 9. Each. provision of this Agreement is severable. If a court should ?nd any provision of this Agreement to be unenforceable. all other provisions of this Agreement shall remain in full force and effect. (Continue on reverse.) USN i54G-?l-230-5499 312402 FORM Previous edition not usable Prescribed by 800 E.0.l295li Civil No. et al., v. DOD 001338- it). These restrictions are eonsi stent with and do not supersede. con?ict with or otherwise alter the employee obligations, rights or liabilities created by Executive Order 12958, Section 72ll of Title 5, United States Code (goveming disclosures to Congress); Section [034 of Title 10, Unites States Code as amended by the Military Wstleblower Protection Act (governng disclosure to Congress by members of the military); Section 2302(b)(8) of Title 5, United States Code, as amended by the Whistlehlower Protection Act (governing disclosures of illegality, waste, fraud, abuse or public health or safety threats); the Intelligence Identities Protection Act of 1982 (50 421 et disclosures that expose con?dential Government agents), and the statues which protect against disclosure that may compromise the national security, including Sections 641, 793, 794, 793, 952 and 1924 of Title 13, United States Code. and Section 4be of the Subversive Activities Act of 1950 (50 U.S.C. Section The de?nitions, requirements, obligations, rights. emotions and liabilities created by said Executive Order and listed statutes are incorporated into this Agreement and are controlling. l. I have read this Agreement carefully and my questions. if any, have been answered. I acknowledge that the briefing of?cer has made available to me the Executive Order and statutes referenced in this agreement and its implementing regulation [32 CFR Section 20133.26 sothat in read the at this time if I so eh. (has) ?i-Nm- -I WITNESS THE EXECUTION OF THIS AGREEMENT WAS THE UNDERSIGNED ACCEPTED THIS AGREEMENT Wsmuao ON BEHALF OF THE UNITED STATES GOVERNMENT. [r SIGNATURE oars {bll3l {bli?l NAME mo success (ripe or print) Senior Interrogator 636 Military Intelligence Battalion Task Force Guardian (BTIF - APO AR, 09354 SECURITY DEBRIEFIN ACKNOWLEDGEMENT reaf?rm that the provisions of the espionage larva1 other federal criminal laws and executive orders applicable to the safeguarding of classi?ed information have been made available to me: that have retumed all classi?ed information in my custody: that I will not communicate or transmit classi?ed information to any unauthorized person or orgmizatieo; [lull 1 ad ll report to the Federal Bureau of Investigation any attempt by an Lmaulhoriaed person to solicit classi?ed information, and that I (bye) (have not) (strike out ward or wardr] received a security debrie?ng. WT 11W: 1' Date 2 CELT cock (bll3l, (bll?l SIGNATURE OF WITNESS NOTICE: The Privacy Act. 5 U.S.C. 552:1. requires that federal agencies infon'n individuals, at the time information is solicited from them, whether the disclosure is mandatory or voluntary, by what orthorin such information is solicited and what uses will he made or the infirm-ration. You we hereby advised that authority for soliciting your Social Security Account Number is Executive Order 939?. Your SSH will he used to identify you precisely when it is necessary to 1} certify than you have access to the information indicated above or 2) determine that your access to the information indicated has terminated. Although disolosure ot?yom SEN is not mandatory. your failure to do so may impede the processing ofsuch certi?cations or detenuinations. or possibly result in the denial of your being granted access to classi?ed information. NOT APPLICABLE NON-GOVERNMENT PERSONNEL THIS AGREEMENT. STANDARD FORM 312 BACK (Rev. 1-00) Civil No. INC et al., v. DOD 001339 SW DEPARTMENT OF DEFENSE FACILITY TASK Fence cuAnoIAN JOINT TAsit FORGE a: meme AFGHANISTAN .. . APO AE 09354 mum any or CJTF-82-TFG-JIF 13 June 2009 MEMORANDUM FOR RECORD SUBJECT: Non-Disclosure Agreement for the Bagram Theatre Interment Facility 1. I hereby accept the obligations contained in this agreement in consideration of my being granted access to classi?ed information. I further understand and accept that by being granted access to ciassi?ed information, special con?dence and trust shall be placed in me by the United States Government. 2. The existence of the Bagram Theatre internment Facility (BTIFJ is sensitive in nature. The internal mission conducted by the Military Intelligence and Military Police soidiers within the BTIF is classi?ed SECRET NOFORN. The sensitivity of this mission is such that divulging speci?c information about the mission or operations with anyone without a clearly Warranted need to know would have an adverse effect on the overall mission within Operation Enduring Freedom. 3. The following is considered speci?c information which would be detrimental to the mission. it divulged to persons without a need to know: a. Discussion of Military Intelligence mission. tactics. agencies. and information collected. b. Discussion ofMilitary Police mission. tactics. and handling procedures. c. Discussion of names. background. and dispositions of any person held at the facility. past or present. d. Production. possession. or release of any photographs or sketches of the interior or exterior of the facility. or of any persons held at the facility. e. Discussion with any media about any facets of the facility's mission. population or location. 4. i understand that any breach of this agreement may result in the termination of any security clearance I hold; removal from any position of special con?dence and trust requiring such clearances; or termination of my employment or other relationships with the Departments or Agencies that granted my security clearance. 5. I have been advised thatany unauthorized disclosure of classi?ed information by me may constituted as a violation. or violations. of United States criminal laws. including provisions of Section T93 (Gathering. transmitting or losing defense information). Section T94 {Gathering or delivering defense information to aid foreign government). Section T93 (Disclosure of classi?ed information). Title 18. United States Code. Punishmentfor violating this trust may warrant monetary fine. maximum imprisonment of any term of years or for life or both. Civil No. 1:14-cv-02034 BUZZFEED. INC et al.. v. DOD 0013-40 (bus), (bus) Date I luau":- Civil No. 1:14-cv-02034 BUZZFEED, INC et al., V. DOD 001341 I WM . I I . zones oer NAME: (mi?j COLLECTION Focus [r LANG: PASHTO DATE: Teo ANALYST CDNSULTED PRIOR To INT 2 TBD THIs I i BOOTH: TBD INTERPRETER: TBD NIGHT ANALYST: {nus} ANALYST INITIALS: BACKGROUND (SAWS 5159653, was captured by Ti??mllen 4 December 2009. He is assessed by Task Forcew he a Haqqani Network (HON) trainer. The Detainee prowdes I training at camps in Khowst Province and the Bake Kheyi area near the Afghan-Pakistan border. Detainee reports to senior HQN, Taiiban (TB), and Tehrik-e?Taiiban ieadership. Detainee is a signi?cant threat to Coalition Forces and the isiamic Repubiic of Afghanistan. I (W5) Iprovio'es JED training for the HON WCircumstanees of Capturerl (Into) (Milli-4!: (CIT 5159653) was captured during an operation targeting him as the perSon of interest. Tactical questioning (TD) and sensitive site exploitation (SSE) resulted in 2 detainees and two selectors. (SiiNF-t Justi?cation for continued detention and exploitation: (WU )1 40. ibii?i I (seas) The Task Force ){111 assessment is based on reporting and his Tle. {one} is an HON Trainer. Detainee runs a Jihadist training camp in the Baka Khevi area near the AghanistaniPakistan border (llR . W) Detainee sent HON ?ghters to a training camp in Darga. Miram Shah. North Waziristan Agency, Federally Administered Tribal Areas (FATA). Pakistan to receive intensive and specialized suicide attack training (mum-z Lac Detainee assisted HQN leadel {mm} KOBJ {mums in IED training at a camp in Shahristan District, Uruzgan ProvInce . Sensitive reporting indicates Detainee works for TB oomrnanderl (him)- and [eaderl Inns) 11.4c Civil No. INC et al.. v. DOD 001342 PURPOSE AND REQUIREMENTS lb)? )1 -4C. (DRE) APPROACH ES. STRATEGIES AN INCENTIVES mm 11-44: Separation Approach Safeguards: 20089 is a healthy 25-year-old male who presents no inherent physical or mental health issues. Doctors from both mental health and medical have cleared him for the use of the separation technique outlined in FM 2-223. Separation will last 30 days unless a separation extension packet is submitted and approved. All applicable national, TF-435 and TF Protector directives, guidance and SOPs remain in effect. 20039 will be evaluated daily by both medical and mental health care professionals. Separation will be terminated when intelligence collection efforts have been exhausted, or immediately upon the advice of medical personnel. There is a certi?ed physician on duty at all times to treat any medical emergency that might arise. There will be no excessive or inadequate environmental or physical conditions imposed on 20039 throughout separation. 20089 will receive no fewer than ?ve hours of uninterrupted sleep per day throughout his seEaration cg-cle IAW TF Protector SOP. Civil No. 1: ?cv- a .. v. .543 Pages 26 through 2? redacted for [ho following reasons: SENIOR INTERROGATORI TEAM LEADER COMMENTS 3! APPROVAL SI FRN INTERRDGATOR FRN mum TCA {mm {mm} TCA FRN PDST-INTERRDGATION COMMENTS Civil No. et al., V. DOD 001346 .-. Detainee Transfer Request CIO, CJTF- . FROM To. 32 DATE. 110E009 Transfer from. Name: AKA: {b.er (bli?i Son of: Age: 25 Haqqani Ag?f'i'e?. NetworkIaliban, Capt. Tag: 5159553 ahons. . TennK?e-Taliban Detainee Data Ghurnday Village, Afknel Tribe! MangaliAyub Current Area. Khowst Subtribe: Khel Residencei Matun District. (bus) Khowst Province Languages: Pashto (N) Unit: TF. DTG: DAIEZUOJZIDECIDQ capture Village: Kunday District: MatunlMarkaz Data Province: Khowst MGRS orgeo-coord: 428W89344092845 1- DOD (Capturing unit CUR is thus certifying detainee meets internment criteria} Person who planned, authorized, committed, or aided the terrorist attacks that ocCurrecl on September 11, 2001, and person who harbored those responsible for those attacks; or (2) (U1 Person who was a part of, or substantially supported, Taliban Or al-Qaida forces or associated forces that are engaged in hostilities against the United States or its coalition partners, including any person who has committed a belligerent act, or has directly supported hostilities, in aid of such enemy armed forces; and (3) (U) internment is necessary to mitigate the threat the detainee poses, taking into account an assessment of the detainee?s potential for rehabilitation, reconciliation. and eventual reintegration into society. oi. - SFEOO Medical, signed uses intemai form} Target Package? insert DA4137. with signature [accompanies detainee) TleiDths produced from Tactical Interrogation Civil No. 1:14?ev?02034 varsion -- UZZFEED, INC et al., v. (mm) 51 59553-Page 1 00134? . - ?c1: . Detainee Transfer Request Capture Tag 1' Serial Number . . IIRs, Related reporting about detainee, other (accompanies deta Inee] Biometrics- BATs entry [If not entered in BATS. attach original EFT File] CEXC, Field Testing Kits (results) Pictures {preferably on the objective}: detainee . . . vii/weapons, materials, docs, evidence, etc. Ex Mad'a' H'gh DA2323 Sworn Statement [Afghan], with 00.2823 Sworn Statement Service Mam oer], signature?tnumbprint {ifjoine'Afgnan capture) with signature zen: of rent "we - I Scone .Glearlyuplaln hm??tordotaim meets [moment artistic. Clear narrative-of detention. chain of custody?snu the detainee, along with substantiation ofolaimernade for 9110; any sources used in justi?cation mien-importingoc other intelligence reset-Messrs used to establish Intemment Criteria. (SW5) (bits) 5159653, was captured 4 December 2009. He is assessed by Task Forests bel (hirer a Haqqani Network (HQN) trainer. The Detainee provides training at camps in Khowst Province and the Baira Kheyi area near the Afghan-Pakistan border: Detainee reports to senior HON, Taliban (TB), and Tehrik-e-Taiiban (TTP) ieadership. Detainee is a significant threat to Coalition Forces and the islamic Republic of Afghanistan. - {bii?i lprovides training for the HON fSiiNF} Circumstances of Capturezl (bli?l (CIT 5159653) was captured during an operation targeting him as the person of interest. Tactical questioning (TD) and sensitive site exploitation (SSE) resulted in 2 detainees and two selectors. {Sail-NF) Justi?cation for continued detention and exploitation: (blt1i1-4C. (WE) teams} The Task Force assessment is based on reporting and his Tle. 1. Mohammad Sayed is an HQN Trainer. Detainee runs a Jihadisttraining camp in the Baka Kheyl area near the AghanistaniPakistan border (IIR. Detainee sent HQN ?ghters to a training camp in Darga, Miram Shah, North Waziristan Agency. Federally Administered Tribal Areas (FATA), Pakistan to receive intensive and specialized suicide attack training (TD. Civil No. BUZZFEED, INC et al., ti. DOD 001348 . . I .n version SEPGQ .. - (mm) 5159553-Page 2 Detainee Transfer Request Detainee assisted HON leaderl 5 (blt1)1.4a I) in IED training at a camp in Shahristan District, Uruzgao Province . (arms) Sensitive reporting indicates Detainee works for TB command er and TTP leader] (bits; Summary remade} Task Forcessesses (otter lis a significant threat to Coalition Forces due to his efforts as a HQN network IED training coordinator. He provided training camps for IED Tl'Ps and suicide attacks against Coalition Forcesl Iis an unlawful enemy combatant in violation of the laws and customs of war and a to Coalition Forces and the Islamic Republic of Afghanistan. Foe rl It: Any. naworks. individuals. speci?o?rrPs required harder to assist in supporting the units-With; directed intelligence-for the battlespaoa {designed to supper! oaptming unit- not mandatory. but higt?y encouraged) DTR SuMng Statement from capturing m: personnel. (US andforAfghan) None Civil NO. BUZZFEED, INC et al., v. DOD 001349 cam?az- ore version as Poo (mm; 5159653?F?age a . 0 11?? . Detainee Transfer Request B- Sketches or of location {Compoundz include. .loca?ons of or documanm: (insert baiow or attach to bottom of form) [For a much mailer ?le" alas, use than. File" ?mctim rumor than ?cow-pasta ?Mend-dram] Notes: Caption: TARGET MICRO Caption: TARGET MACRO Caption: -Nm- 6- Photos of captured weapons, materials, or anything deemed .to be of possible intelligence value: (insert below or attach at bdtlom of form. Descriptions should include are, amounts, technical name, title, ate.) [Fora much smaller ?le-date. the 'iinsart?ctum?om Filo? limoth rather than 'oopy?nsro' Notes: ?1 -- i (are) Caption: SSE OBJ Caption: SSE 08.] ELBRIDGE Caption; -mm- 0- Personal Property Inventory: Description of materials, documents, and personal property: (NI items, except for weapons, explosivemazardous- material, andior controlled substances. must accompany the detainee to the DFIP). ifrnateriai has airaady been submitted for errpinr?iatr'on and cannot accompany the individual, the capturing unit will indicate the location or the material and a point ofconraot for furrow up as to the-results of expror'rarion. 515965 Civil No. 1:14?cv?02034 BUZZFEED, INC et al., v. DOD 001350 CJTF-BZ-DTR version SEPDQ (M5) 5159653-Page 4 Detainee Transfer Re uest None Hen MEM-E-ER ?if? gs m?xth 2W9 MEETINGS TMJEIAN anmmn FUR mum FIGHTERS 4 F6 1 7 MAR 09 muam TRAINING FACILITIES LOCATED IN unuzsm PROVINCE 5 7 3 10 See JWICS email to CJTF-32 for additional reporting. Initial History and Physical fer 5159653. 3 (was) RROLLUPA Civil No. BUZZFEED, INC et al., V. DOD 001351 version SEER-W 5159653?Page 5 {bj?l?l .44: .. . . . See JWICS email to CJTF-BZ for additional reporting. {Mamie} lusmc TrbElss Operations (bll?l have reviewed the available information on this detainee. The request 1for transfer is legally suf?cient (W3). (EH5) JR. USA This individual meets inlemment criteria. Further detention is requested. {bll3l. {bll?l TF COMMANDER Civil No. 1:14?cv?02034 BUZZFEED, INC et version SEPDQ SEW J.. DOD 001352 51 55653-Page 6