DEPARTMENT OF DEFENSE OFFICE or FREEDOM OF INFORMATION 1155 DEFENSE PENTAGDN nc Z0301-1155 JAN 1 7 2013 Ref: 11-F-I484 Jason Leopold Dear r. Leopold: This is in response to your September 17, 201 1, electronic Freedom oflnformation Act (FOIA) request for "the first Six Volumes of 'diaries written by Zu)n al--Abidin Muhammad also knottn zis Abu Zabaydah, a high-value detainee currently in the cuslod} or the Department ofDefense sit the prison facility atGuantam1mo Bay" and your October 3. 2011. electronic FOIA request for "Volumes I0 zind ll of iaries' written by Zayn 2t|--Abidin Miihzn-rimad Htisayn, also known as Ahu Zabaydah . Your two requests were aggregated and are being zins\\'ered under FOIA case number ll-F-1484. The first six volumes o["diarie vtere translated into English in Conjuttctiun with Hllxuyri (iatet,No Certain pages otthe translated six volumes have been prevlou 'eleased and ean be tistind on the omce oflviilitary Commissions website This material is located undei' the ease of (ISN 707). Concerning the remaining portions of the original and translated six Volumes 0l"'diztries", these are denied in their entirety pursuant to 5 USC 552 and Ms. Megan M. Weis. Associate Deputy General Counsel (Legal Counsel). Department of Defense Office of the General Counsel has deterniined that the diaries shotild be denied in entirely pursuant to these exemptions. Exemption authorizes the withholding of records or information eonlpiled for law enforcement puiposes when the release eould reasonably be espceted to interfere with enforcement proceedings. The public release ofthe diaries could reasonably be expected to interfere with and prejudice the prosecution of Abu by the Office of the C|iiefProseentor of Wilitziry Covninissions before a .\/Iilitar} Col aiission at Guantanamo Ba), Cuba' Exemption protects information in law enforcement records that could reasonably be expected to constitute an of personal privacy and protects information the disclosure of which would constitute ?l clearly unwarranted invasion of personal These exemptions are invoked to protect the privacy ofindividuuls identilied in the diaries. In addition. the lirst six volumes of the diaries are protected disclosures in accordance \l.1'th Memomiidtiin Order (Oct. 1, 2009) in Hlimyrl v. (Inter. No. 08--e\r--l 360 (D.D Concerning volumes 10 and ll ofthe diaries, it has been deteimined that they do not constitute agency records as they viere not created or obtained b} the Department of Defense or under Department of Defense control at the time of the FOIA request. They are in fact in the possession of Zayn al-Abidin Muhammad Therefore these records are not subject to the Freedom of Information Act. If you are not satisfied with this action, you may appealto the appellateauthority, the Director of Administration and Management, Office of the Secretary Defense. To submit of your appeal, you shouldwrite directly to the DefenseFreedomof Information Policy Office, ATTN: Mr. .Iames Hogan, 1155Defense Pentagon, Washington, D.C. 20101-1155.Your appeal should be postmarkedwithin 60 calendardays of the date of this letter, should cite to case number 11-F-1484, and should be clearly marked"Freedomof Information Act Appeal". Sincerelv. ---->-qi-*_a>-e--.Aor PaulJ. Jftoblmever Chief \ \ DEPARTMENT OF DEFENSE OFFICE or FREEDOM or INFORMATION 1155 DEFENSE PENTAGON - WASHINGTON, no zuam-1155 JAN 1 7 Ref: 12-F-0013 Jason Leopold Trulhoutrorg Dear Mia Leopold: This is in response to your October 20l l, electronic Freedom oflnformation Act (FOIA) request for "all "Drawings and/or 'Sketches' and/or any 'Artworli made by Zayn stl-Abidin Muhammad l-lusayn, also known as Abu Zubaydah". You also requested Mr. Ztibaydalfs "'literary' writings, which includes but is not limited to, prose, poetry, short stories, nm els. and articles, written between September 6, 2006 and the present." Your request was. assigned cast: number l2--F-0013. We additionally referred your request to the Southern Command (USSOUTHCOM) who asked the Joint Task Force Guantanamo (JTF--GTMO) to conduct a Search for responsive records. USSOLI fl ICOVI advised this office that held no responsive records and that uould respond directly to you concerning the results of that search. We are therefore responding to you concerning the processing of your request by the Office of the Secretary 0fDefensc (OSD) A search was conducted by the Department ofDefensc Office of the General Counsel and six pages of sketches were identified as responsive to your request. no other records were found. Ms. Megan M. Weis, Associate Deputy General Counsel (Legal Counsel), Department of Defense, Ofiice ofthe General Counsel has determined that the records should be denied in their entirety pursuant to 5 USC Exemption authorizes the uithholding of records compiled for law enforcement purposes when the release could reasonably be expected to interfere with enforcement proceedings' The public release of the sketches could reasonably be expected to interfere with and prejudice tlte pmsecntion of/thu Zabaydah by the DOD Office oflhe Chicfl'rosecutor C-fMilitary Commissions' before a Military Commission at Guantanamo Bay, Cuba. If you are not satisfied with this action, you may appeal to the appellate authority, the Director of Administration and Management. Office of the Secretary of Defense. To submit your appeal, you should write directly to the Defense Freedom of Information Policy Ollice, ATTN: Mr. James Hogan, 1155 Defense Pentagon, Washington, DC. 20101-1155, Your appeal should be postmarked within 60 calendar days ofthe date or this letter. should cite to case number 12-F-0013. and should be clearly marked of Information Act Appeal". Sincerely, I (iv Paul .1. aco mever Chief