Case Document 80-1 Filed 04/17/18 Page 1 of 9 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA JOHN DOE. Petitioner. v. Civil Action No. (TSC) GEN. JAMES N. MATHS, in his of?cial capacity as SECRETARY OF DEFENSE, Respondent. RESPONDENTS NOTICE PURSUANT TO THE JANUARY 23, 2018 ORDER Pursuant to the Court's January 23, 2018 Order (EC No. 52),1 Respondent hereby gives notice that the United States intends to relinquish custody of Petitioner John Doe and- no sooner than 72 hours hence. Speci?cally: Petitioner will be transferred to the control of_, As described in the attached Declaration intends to I This ?ling in compliance with the ourt?s order is made without prejudice to Respondent?s position. previously advanced before this Court and currently before the Court of Appeals, that the Court lacks authority to impose a notice requirement in connection with Petitioner's transfer. I Case Document 80-1 Filed 04/17/18 Page 2 of 9 Consistent with previous ?lings in this Court and the Court of Appeals, this notice: and the attached declaration are ?led under seal in order to protect the identity of Petitioner and the identity of before transfer occurs, as well as the substance of diplomatic communications. See ?Decl. ll 11; ECF No. 38 (Jan. 12, 2018 Order). Previous ?lings have also protected the identity of countries to which Petitioner may be transferred so as not to harm diplomatic discussions with those countries. April 16, 2018 Respectfully submitted, CHAD A. READLER - Acting Assistant Attorney General JESSIE K. LIU United States Attorney TERRY M. HENRY Assistant Director, Federal Programs Branch L. err JAMES M. BURNHAM Senior Counsel L. WYER Senior Trial Counsel, Federal Programs OLIVIA HUSSEY SCOTT Trial Attorney, Federal Programs US. Department of Justice, Civil Division 20 Massachusetts Avenue, NW. Washington, DC 20530 Tel. (202) 616?8475 Fax (202) 616-8470 Attorneys for Respondent Case Document 80-1 Filed 04/17/18 Page 3 of 9 CERTIFICATE OF SERVICE I hereby certify that this document ?led under seal, along with attachments, will be served today by email on counsel for Petitioner. L. Wyer Case Document 80-1 Filed 04/17/18 Page 4 of 9 L_pursuant to '28 1746,, hereby declare: and say as follows: 1- Hie?ewe Department ol?State Since In my capacity as Deputy Assistant Secretary, I am responsible 'th coordinating US. foreign policy for the The information herein is: tuned upon my personal knowledge and upon infommtion made available to me in the performance of my of?cial duties. ?ee ere mete? and provided asgmrances that? - Consistent with me jammy 19t18 dealaration in this case, transfer 01""0 - i . '3 being undartaken consistent withthe p0 my 01' tie United States not to-etfeet the imvluiwlati ti'angfer 0ft! at? whether the person i3 physically present int-lie United States, to a country where the United States has determined that it is-more iikcly than-mt thattlie person would be- tortured. EN) Case Document 80-1 Filed 04/17/18 Page 5 of 9 about this Despite exmnded diacugsion with cuunsei t0 apticm: he ultimately declined to consent ?10 the transfer? 3. - 1m agreement to [aka austody its; savereign interest- determixwd that- Case Document 80-1 Filed 04/17/18 Page 6 of 9 Case Document 80-1 Filed 04/17/18 Page 7 of 9 8. US. of?cials, including engaged in 11111111131ch (11111011111111: 11.111111135111113 with ?31131111113,? N11w 1.111211111111111 11111111131116 ef?ntsl 111111111 1111111111112! 111 21 11; is imperative that the hammer 0111:1111 quickly and, 11111111111113}, A 16211110111131 restraining 1111111101- preliminary injunction pruhibiting 01' delaym? -1311sz would 111111111111in the {11111111 812111113 1:1edibilit3 11 1111 an 11111101111111; fbxeign pattner thath 1113 agwad to this 11311111131 ragasding - - including as a of its to and 11111111: of - -ilatex?al relations with "the United States. ?lfhe. Department 1.11" State must have 11111 abil?y 11:1 make reliable representations and commitmenis when Engaging directly a 1? 5 1 with -011 a 1111111e1'01?311cl1 51111311111113}. A delay due 10 1111.g11111111 (10111121 madl- -11 reconsider its position 10 acwpt-or wuld 11111111131113 111113.111 its willingness; to engage with the United 811.111.13.011 some 111111111 detainee 11111151711113. 9. During the mums of 111312113330113 1.111 the 112111311311 Case Document 80-1 Filed 04/17/18 Page 8 of 9 .1111?1161116111 111 the transfer despite 1.111: prospect 1?11" litigation that could delay or 11111211 prohibit the 1132111311131. 13 significant. While-understands that delays may occur. it is 1111111 that the United States is able 1C1 l?uliow through p111111ptly 1111 its 11111310110131.14111?0 1611-112 as 11161115011011 of our clese, shategic. bilateral ties Failure 1.111 01.11" 311111 11) 1111113111 through 1111 _1111131?1:1? 11011111 cause harm-to 0111? unguin-g bilateral including 1:111 111111111 detainee transfers. 11 1111111111131: this declara?on discl ages; aapects 111? diplomatic cmnmunicaiians with and Sensitive- 1113111113 5- it is" being submitted uncle: 56111. Public (113131051116 01711111211 matters 1111111113 be 11131111310131.1316; 1111111131 -Puiali1; diaclosure c0111 d.1111tlerminc the l} Gavemment?g on (11131011121111: e11gug1311111111-w1111-11 1111-:- transfer, which 15111111 yet 11011113113113, and 1111: 1.1.8. (10116111111111.1163 ability to reach acceptable (131211111312 transfer arrangements with this 111111 (11119.11 1101111111351 1 111111111 1113111 experience that the type ofdialogue required 11111113 contcxi 131111111115; (1112111 in a con?dential 3611111153. and typically {.1111}! within g0ve111111et11~tom Case Document 80-1 Filed 04/17/18 Page 9 of 9 government channals. Evan in circumstances in which the contan?; ofdiplomatic is the: subject ofpubiic speculation conjecture, or even. is made public by nongovernmental actor-a it is impartam' {hat the United States tumor in?: cummi?iment to 1466;?) these discussiuns con?dential in order in. avoid the harm; discussed above.? I declare nudes? the: penalty of pctjury that the {bragging is true and correct Executed 011 April 16, 292 8