30 October 2000|
Source: Public records, Southern District of New York
See related court docket: http://cryptome.sabotage.org/qaeda102000.htm
[18 pages.]
DOC #78
U.S. DISTRICT COURT
FILED
JUL 29 1999
S.D.N.Y.
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
- - - - - - - - - - - - - - - - - - x
UNITED STATES OF AMERICA :
- v - : PROTECTIVE ORDER
USAMA BIN LADEN, et al. : 98 Cr. 1023 (LBS)
Defendants. :
- - - - - - - - - - - - - - - - - - x
WHEREAS this matter comes before the Court upon the motion
of the United States for a Protective Order to prevent the
unauthorized disclosure or dissemination of classified national
security information and documents belonging to the United States
Government which may be reviewed by, made available to, or may
otherwise come to be in the possession of the defendants and defense
counsel in this case, and
WHEREAS the Government personnel in this case, including
Assistant United States Attorneys Patrick J. Fitzgerald, Kenneth
M. Karas, Michael J. Garcia and Paul W. Butler, who have had, and
will have, access to national security information and documents
relating to this case have "Top Secret" security clearances, and
WHEREAS the Government maintains and has access to storage
facilities necessary for the storage, maintenance and handling of
"Top Secret" and "Secret" national security information and
documents, and
WHEREAS the national security information in this case may
be classified at the "Secret" and "Top Secret" levels, and
WHEREAS having considered the motion of the Government, the
defendants' opposition, all other related submissions and
proceedings, and having heard oral argument,
IT IS HEREBY ORDERED AND ADJUDGED that pursuant to Fed. R.
Crim. P. 16(d), Sections 3 and 9 of the Classified Information
and Procedure Act, Title 18, United States Code, App. III,
("CIPA"), and the Court's inherent authority, the following
Protective Order is entered.
1. The Court finds that this case will involve classified
national security information, the storage, handling and control
of which requires special security precautions, and access to
which requires a security clearance and a "need to know."
2. The purpose of this Order is to establish the
procedures that must be followed by all defense counsel of
record, their respective defendants, all other counsel involved
in this case, translators for the defense, any Court personnel,
and all other individuals who receive access to classified
national security information or documents in connection with
this case.
3. The procedures set forth in this Protective Order and
the Classified Information Procedures Act will apply to all pre-
trial, trial, post-trial, and appellate aspects concerning this
case, and may be modified from time to time by further order of
the Court acting under Fed. R. Crim. P. 16(d), Sections 3 and 9
of CIPA, and its inherent supervisory authority to ensure a fair
and expeditious trial.
4. In accordance with the provisions of CIPA and the
Security procedures promulgated by the Chief Justice of the
United States pursuant to that Act, this Court appoints James
Londergan as the Court Security Officer (hereinafter
"Administrative CSO") who will provide security arrangements
necessary to protect from unauthorized disclosure any classified
information or document made available to the defense or the
Court in connection with this case. The Court also appoints
Charles L. Alliman, Christine E. Gunning, Earl D. Hicks, Michael
P. Macisso, and Barbara J. Russell as alternate Administrative
CSO's. Defense counsel and Court personnel shall seek guidance
from the Administrative CSO's with regard to appropriate storage,
handling, transmittal, and use of classified information.
Furthermore, the Court appoints James P. Walker as the "Security
Clearance CSO" whose sole responsibility will be to process the
security clearances for defense counsel, their staff, and any
designated Court personnel who will have access to classified
information in this case. The Court may appoint alternate or
additional Administrative and/or Security Clearance CSO's for
either purpose at a later date.
5. No defendant, counsel for a defendant, employee of
counsel for a defendant, defense witness, or Courtroom personnel
required by the Court for its assistance, shall have access to
any classified information involved in this case unless that
person shall first have:
(a) received the necessary security clearance as determined
by the Department of Justice Security Officer working in
conjunction with the Security Clearance CSO, or approval from the
Court (as set forth below in paragraph 8), or the Government for
access to the particular classified information in question;
approval by the Court shall not occur but upon a showing to the
Court's satisfaction of a "need to know" the particular
classified information; and
(b) signed the Memorandum of Understanding in the form
attached hereto agreeing to comply with the terms of this Order.
6. Standard Form 86, "Questionnaire for National Security
Positions," attached releases, and full fingerprints shall be
completed and submitted to the Security Clearance CSO forthwith
by all defense counsel, persons whose assistance the defense
reasonably requires and by such courtroom personnel as the Court
requires for its assistance. The Security Clearance CSO shall
undertake all reasonable steps to process all security clearance
applications in accordance with applicable regulations.
7. Prior security clearance and a "need to know" as
determined by any government entity or the Court as applying to
one person does not give that person the authority to disclose
any classified national security documents or information to any
other individual. By way of example, but not limitation, defense
counsel with appropriate clearances and a "need to know," as
determined by the Court or the government, are not authorized to
discuss such classified information with an uncleared defendant
absent written permission of either the Court or the government.
8. The Court will be the final arbiter of all classified
information questions. In the event that the Department Security
officer working in conjunction with the Security Clearance CSO
determines, after exhausting all administrative processes of
review (including meeting with counsel applying for the
clearance), that any counsel is not to be granted a security
clearance, the Security Clearance CSO shall advise the Court
promptly of the fact that such a clearance is not forthcoming but
not the underlying reasons. In that event, the Court will
conduct an ex Parte hearing to determine that person's
eligibility to see classified materials. In the first instance,
the Court will schedule a conference with such counsel (in the
absence of the Government or other counsel) at which time defense
counsel will advise whether counsel wishes the Court to undertake
a review of the security clearance determination in order to make
an access decision. If the Court reviews such a determination,
only the Court, counsel seeking the clearance and the Security
Clearance CSO shall participate in that process, absent further
order of the Court. If counsel seeks a revision of this
Protective Order in any manner, the Government shall be notified
of the proposed amendments and provided an opportunity to be
heard on the proposed amendments.
9. The substitution, departure, or removal for any reason
from this case of any defense counsel, defendant, or anyone
associated with the defense as a witness or otherwise shall not
release that individual from the provisions of this Order or any
form or document executed in connection with this Order. Because
classified information remains the property of the United States
'Government, the persons covered in this order are bound by any
subsequent conditions imposed on the classified information or
documents, even if more restrictive.
10. As used herein, the term "classified national security
information or document" refers to:
A. any classified information or material, regardless
of its physical form or characteristics, that is owned by,
produced by or for, or is under the control of the United States
government, its agencies, employees and contractors including
research and development;
B. any document, including notes and regardless of
form or characteristic, or information contained therein, which
contains classified information;
C. verbal classified information known to the
defendant or defense counsel;
D. classified documents (or information contained
therein) or information disclosed to the defendant, defense
counsel or others governed by this order as part of the
proceedings in this case;
E. classified documents and information which have
otherwise been made known to defendant, defense counsel or others
governed by this Order and which documents have been marked or
designated: "CONFIDENTIAL", "SECRET", "TOP SECRET", or "SENSITIVE
COMPARTMENTED INFORMATION", or concerning which the defendant or
defense counsel or others governed by this Order have been orally
advised of the classified nature of the document or information;
F. information and documents covered by Presidential
Executive Order 12356; and
G. any information or document, regardless of place
of origin and including foreign classified documents, that could
reasonably be believed to contain classified information, or that
refers or relates to national security or intelligence matters.
Any document or information including but not limited to any
subject referring to the Central Intelligence Agency, National
Security Agency, Defense Intelligence Agency, Department of
State, National Security Council, Federal Bureau of
Investigation, or intelligence agencies of any foreign
government, or similar entity, or information in the possession
of such agency, shall be presumed to fall within the meaning of
"classified national security information or document" unless and
until the Administrative CSO or counsel for the government
advises otherwise in writing.
H. This provision shall not apply to documents or
information which the defense obtains from other than classified
materials, or to public court documents or to documents which are
provided by the Government with a marking to indicate that the
document has been "declassified." While information in the
public domain is ordinarily not classified, however, such
information may be considered as classified, and therefore
subject to the provisions of CIPA and this Order, if it is
confirmed or denied by any person who has, or has had, access to
classified information and that confirmation or denial
corroborates or tends to refute the information in question. Any
attempt by the defense to have such information confirmed or
denied at trial or in any public proceeding in this case shall be
governed by CIPA and all provisions of this Order.
11. All classified documents and information contained
therein shall remain classified unless and until anyone covered
by this Order has been notified in writing by the appropriate
attorney for the government or the Court Security Officer that
the document or information has been declassified and marked
declassified by the appropriate classifying authority; or the
documents bear a clear indication that they have been
declassified by the agency or department of government that
originated the document or the information contained therein.
12. "Documents" or "associated materials" or "information"
include, but are not limited to, all written or printed matter of
any kind, formal or informal, including the originals, all
identical copies, and all non-identical copies, whether different
from the original by reason of any notation made on such copies
or otherwise, including without limitation pleadings, papers,
correspondence, memoranda, notes, letters, telegrams, reports,
summaries, inter-office and intra-office communications,
notations of any sort concerning conversations, meetings or other
communication, teletypes, telefaxes, invoices, worksheets, and
all drafts, alterations, modifications, changes, and amendments
of any kind of the foregoing; graphic or aural records or
representations of any kind, including without limitation,
photographs, charts, graphs, microfiches, microfilm, video tapes,
sound recording of any kind, motion pictures, any electronic
mechanical or electric records or representations of any kind,
including without limitation, tapes, cassettes, computers, discs,
CD-ROMs, recordings, films, typewriter ribbons, correcting
ribbons, and word processor discs, tapes and ribbons; and
information acquired orally.
13. The Administrative CSO shall arrange for the creation,
construction, maintenance and operation of a "secure room"
hereinafter referred to as an "SR", for the storage, handling,
and control of classified documents and information to which the
defense counsel, defendants, and other persons assisting in the
preparation of the defense case are cleared for access. The
Administrative CSO shall establish procedures to assure that the
SR is accessible to defendants (if such access should be
determined by the Court to be necessary), counsel for defendants,
employees of counsel for defendants and authorized witnesses
accompanied by counsel for defendants. The Court Security
officer, in consultation with counsel for defendants, shall
establish procedures to assure that the SR is maintained and
operated in the most efficient manner consistent with the
protection of classified information. The government may also
construct a separate SR for the storage, handling, and control of
classified documents and information in accordance with the
security procedures required by the Administrative CSO. For the
convenience of the Court, the defense counsel, and the
Government, the Government may provide classified materials to
the defense pursuant to Fed. R. Crim. P. 16, CIPA, Brady v.
Maryland, Giglio v. United States, and the Jencks Act by
providing it to the Administrative CSO and making it available at
the SR without requiring the Court to pass upon the identified
recipient's "need to know." If it is necessary for a defendant
to review or discuss classified matters, or otherwise meet with
defense counsel, in the SR, this will only occur under
appropriate supervision to ensure that the defendant does not
escape, attempt to escape, cause physical injury to himself or
others, or remove, copy, alter, or destroy classified
information, or obtain access to classified information the
defendant is not entitled to review, and to ensure that the
defendant does not use the opportunity to review the classified
materials to circumvent any applicable security restrictions,
including the Special Administrative Measures imposed by the
Bureau of Prisons, other prison regulations, and the other orders
of this Court governing discovery in this case.
14. Classified national security documents and information
or information believed to be classified shall only be kept,
discussed, or reviewed, in a SR.
15. Defendants, defense attorneys, and those persons whose
assistance the defense reasonably requires shall not disclose or
discuss classified national security documents or information, o
information believed to be classified, with other defendants or
with counsel for other defendants without prior consent of the
Government with notification to the Administrative CSO, or the
prior approval of the Court. That authorization will not be
unreasonably withheld but, when granted, will be subject to all
the provisions of this Order. Moreover, the Government shall
attach a cover page to each installment of classified materials
indicating the names of other counsel who have received the same
materials. Counsel may discuss the contents of any such
installment he or she receives if counsel (i) verifies that other
counsel are also on the list of addressees for that particular
installment of classified information and (ii) conducts the
conversation in an appropriate place and manner (e.g. in the SR
but not on an unclassified telephone). If counsel are not
certain as to which counsel have received particular materials,
they should ask either an attorney for the Government or the
Administrative CSO for clarification of whether particular
classified in formation has been shared with any other counsel.
16. No one shall discuss any classified national security
information or document over any standard commercial telephone
instrument or office intercommunication system. Nor shall any
person covered by this Order discuss or disclose such information
in the presence of any person who does not have a clearance
certified by the Administrative CSO as applicable to this case,
and either a "need to know" as determined by the Court or written
approval from counsel for the government.
17. Written materials presumed to contain classified
national security information which are prepared for this case by
a defendant or defense counsel shall be transcribed, recorded,
typed, duplicated, copied or otherwise prepared only by persons
who have received access to classified information pursuant to
this order, and in accordance with conditions prescribed by the
Administrative CSO.
18. Machines of any kind used in the preparation or
transmission of classified information in this case may be used
only with the approval of the Administrative CSO and in
accordance with instructions he shall issue, including
instructions as to where such machines must be operated and
stored.
19. To facilitate the defendants' filings of notices as
required under Section 5 of CIPA, the Administrative CSO shall
make arrangements with the respective agencies for a
determination of the classification level, if any, of materials
or information either within the possession of the defense or
about which the defense has knowledge and which the defense
intends to use in any way at trial. Nothing thus submitted by
the defense to the Administrative CSO pursuant to this paragraph
shall be made available to the prosecutors unless so ordered by
the Court, or so designated by the defense. Any and all of these
items which are classified shall be listed in the defendant's
Section 5 notice.
20. All written pleadings, filings, attachments, or
documents involving classified information, or those which
reasonably might cause the disclosure of classified information,
or which concern or relate to national security or intelligence
matters (as defined in paragraph 10 above) shall not be publicly
filed, but shall be filed under seal to the Administrative CSO
and shall be marked: "Filed in Camera and Under Seal with the
Court Security Officer," with separate service of copies upon
counsel for the Government and co-defendants (except in the event
of an ex parte application), provided that the materials be
transported by, and delivered to, persons known to have the
appropriate security clearance. Service upon other defense
counsel with security clearances shall be effected by depositing
such counsel's copy (in an envelope marked on the outside to
indicate the addressee and the fact that the document enclosed
contains classified information) in the drawer of the safe in the
SR which will be designated as a drawer to be shared in common by
cleared counsel (the "common drawer"). Notice shall be sent to
all cleared counsel by hand or by facsimile which shall simply
state that a document which may contain classified information
has been filed with the Administrative CSO and served upon the
Government and is available in the safe in the SR. Service shall
be effected upon the Government by personal delivery by cleared
counsel to one of the following persons: Assistant United States
Attorneys Patrick J. Fitzgerald, Kenneth M. Karas, Michael J.
Garcia, or Paul W. Butler, or Paralegal Specialists Gerard
Francisco or Lillie Grant, or Intelligence Officer Harry Brady,
all of whom have Top ecret clearance and who will thereafter be
responsible for the documentts secure storage within the United
States Attorney's Office. If for any reason, none of the seven
named Government personnel are available at the time of attempted
service, then defense counsel shall maintain the Government's
copy in the common drawer in the SR (in an envelope marked on the
outside to indicate t e copy is for delivery to the Government
and the fact that the document enclosed contains classified
information) and send a notice to the Government by hand or by
facsimile indicating hat the delivery of a filing which may
contain classified needs to be arranged. Thereafter, the
Government may obtain the document from any cleared defense
counsel (or the Administrative CSO) with access to the common
drawer, and the Government personnel obtaining such documents
shall sign a receipt indicating the date and time of receipt and
the cleared person from whom it was received. The Government
shall not have direct access to the common drawer of the SR but
shall only be provided such documents by cleared defense counsel
or the Administrative CSO." The date and time of physical
submission to the Administrative CSO, which shall be noted on the
document, shall be considered the date and time of filing. Upon
receiving a pleading rom a defense counsel, the Administrative
CSO shall notify by the end of the next business day the Court of
the fact that a pleading has been filed. Thereafter, any defense
counsel with the appropriate security clearance and who has been
granted access to the particular classified information in
question by the government or the Court pursuant to paragraph
5(a) of this order will be permitted to review such pleadings in
the SR under the same conditions as they would review other
classified information. The Administrative CSO shall promptly
review such pleading and shall detiermine, with the assistance of
and in consultation with personnel from the appropriate agencies,
whether any of the submitted material is classified, and the
level of any classified information. If the Administrative CSO,
working in conjunction with appropriate Intelligence Community
member agencies, determines that the pleading or document
contains classified information, the Administrative CSO shall
insure that the portion of the document, and only that portion,
is marked with the appropriate classification marking and remains
sealed. All reasonable efforts to declassify such materials will
be undertaken by the agencies coriducting the review. Portions of
the pleading or documents that do not contain classified
information shall be unsealed by the Administrative CSO and
placed in the public record.
21. The Administrative CSO shall maintain a separate sealed
record for those materials which are classified. The
Administrative CSO shall be responsible for the maintaining of
the secured record for purposes of later proceedings or appeals.
22. Pleadings containing classified information which are
filed by any one defendant on behalf of a single defendant or
other defendants, can only be disclosed to other defense counsel
whom counsel knows is authorized pursuant to paragraph 15 to
discuss all the classified information contained in the document
therein.
23. Persons subject to this Order are advised that all
information to which they obtain access by this Order is now and
will forever remain the property of the United States Government.
They shall return all materials that may have come into their
possession or for which they are responsible because of such
access upon demand by the counsel for the government or the Court
Security Officer.
24. Persons subject to this Order are further admonished
that they are obligated by law and regulation not to disclose any
national security classified information in an unauthorized
fashion and that any breach of this order may result in the
termination of their access to classified information. In
addition, they are admonished that any unauthorized disclosure of
classified information may constitute violations of the United
States criminal laws, including without limitation, the
provisions of 18 U.S.C. Sections 371, 641, 1001, 793, 794, 798,
952, and 1503; 50 U.S.C. Sections 421 (the Intelligence
Identities Protection Act) and 783; and that a violation of this
Order or any portion hereof may be chargeable as a contempt of
Court.
25. Nothing contained in this Order shall be construed as a
waiver of any right of any defendant.
26. A copy of this Order shall be issued forthwith to
counsel for all defendants who shall be responsible for advising
defendants, employees of counsel for defendants, and defense
witnesses of the contents of this Order. Each defendant, counsel
for defendant, employee of counsel for defendant, defense
witness, or any other person associated with the defense to be
provided access to classified information shall execute the
Memorandum of Understanding described in paragraph 4 of this
Order, and counsel for defendants shall file executed originals
with the Court and the Administrative CSO and serve an executed
original of such document upon the government. The execution and
filing of the Memorandum of Understanding is a condition
precedent to receiving access to classified information.
Dated: New York, New York
July 29, 1999
SO ORDERED
[Signature]
HON. LEONARD B. SAND
United States District Judge
Southern District of New York
[This is a prior protective order; 7 pages.]
DOC #27
U.S. DISTRICT COURT
FILED
DEC 17 1998
S.D.N.Y.
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
----------------------------------------- x
UNITED STATES OF AMERICA :
- v. - :
USAMA BIN LADEN, : PROTECTIVE ORDER
et al., : S (3) 98 Cr. 1023 (LBS)
Defendants. :
----------------------------------------- x
WHEREAS the defendants have rights under the United
States Constitution, federal statutes and the Federal Rules of
Criminal Procedure, to pre-trial discovery;
WHEREAS defendants' preparation of their defenses will
be facilitated by the most expeditious production of discovery
materials;
WHEREAS the Government recognizes its obligation to
provide such discovery materials to defendants in the most expeditious
manner possible, consistent with public safety and the confidentiality
of sensitive ongoing investigations;
WHEREAS the Government has a continuing investigation
of the international terrorist organization alleged to be responsible
for the bombings of the United States Embassies in Kenya and Tanzania,
which investigation could be compromised by the dissemination of
sensitive discovery materials to third parties;
WHEREAS production of discovery materials would be
substantially delayed if the Government were compelled to seek a
protective order modifying, withholding or delaying production of
each particular item of discovery material, as the Government would
be required to do absent a generally applicable protective order
restricting further dissemination of discovery materials by the
defense;
UPON the application of the United States Attorney
for the Southern District of New York, by and through Assistant
United States Attorneys Patrick J. Fitzgerald, Kenneth M. Karas and
Michael J. Garcia, and the Court having heard from all parties;
IT IS HEREBY ORDERED pursuant to Rule 16(d) of the
Federal Rules of Criminal Procedure that the Government shall
segregate the discovery materials it produces into two categories:
(1) general discovery materials and (2) particularly sensitive
discovery materials. The category to which particular discovery
materials belong shall be clearly identified by the Government;
IT IS FURTHER ORDERED that "general discovery
materials" shall not be further disseminated by the defendants or
their counsel to any individuals, organizations or other entities,
other than: (i) members of the defense team (co-counsel,
paralegals, investigators, translators and secretarial staff) who
have received clearance from the Government, which shall not
unreasonably be withheld; and (ii) experts retained to assist in
the preparation of the defense, who have been cleared to receive
the materials after notice to the Government (or -ex parte notice to
the Court). Each of the individuals to whom disclosure is made
pursuant to the above provision shall be provided a copy of this
protective order and will be advised that he or she shall not
further disseminate the materials except by the express direction
of counsel of record. In addition, the undersigned attorneys of
record for the defendants may show (but not provide copies of) any
of such general discovery materials to witnesses or potential
witnesses, if an attorney of record for a defendant determines that
it is necessary to do so for the purpose of preparing the defense
of the case;
IT IS FURTHER ORDERED that "particularly sensitive
discovery materials" shall not be further disseminated by the
defendants or their counsel to any individuals, organizations or
other entities, other than: (i) members of the defense team (co-
counsel, paralegals, investigators, translators and secretarial
staff) who have received clearance from the Government, which shall
not unreasonably be withheld; and (ii) experts retained to assist
in the preparation of the defense, who have been cleared to receive
the materials. Each of the individuals to whom disclosure is made
pursuant to the above provision shall be provided a copy of this
protective order and will be advised that he or she shall not
further disseminate the materials except by the express direction
of counsel of record. Moreover, any copies provided by counsel
shall be clearly marked as sensitive discovery materials. It is
expressly understood that the undersigned attorneys of record for
the defendants may not show any of such particularly sensitive
discovery materials to witnesses or potential witnesses. The
defendants may seek relief from these provisions as to a particular
item of discovery by making a inotion for such relief to the Court
upon notice to the Government, which notice shall identify the
particular item(s) at issue. The motion shall be made under seal.
For good cause shown, such part of the application that identifies
the person(s) to whom the materials are intended to be disseminated
(and the reason therefor) may be f iled with the Court ez parte and
under seal;
IT IS FURTHER ORDERED that all such discovery
materials are to be provided to the defense, and used by the
defense, solely for the purpose of allowing the defendants to
prepare their defenses and that none of the discovery materials
produced by the Government to the defense shall be disseminated to,
or discussed with, the media;
IT IS FURTHER ORDERED that none of the discovery
materials produced by the Gcvernment to the defense shall be
disseminated to, or discussed with, the media by the Government;
IT IS FURTHER ORDERED that nothing in this order
prohibits the media from obtaining copies of any items that become
public exhibits at any conference, hearing, trial or other
proceeding;
IT IS FURTHER ORDERED that nothing in this Order in
any way releases counsel for the Government or counsel for the
defense from the obligations of the "Free Press-Fair Trial
Directives" of Local Rule 23.1 of the Local Criminal Rules of the
Southern District of New York;
IT IS FURTHER ORDERED that any papers to be served
upon the Court by either party which either: (i) include copies of
materials from either the general discovery or particularly
sensitive discovery categories, or (ii) refer to the contents of
the particularly sensitive discovery materials, shall not be
publicly filed (or otherwise disseminated) in the first instance.
The party filing the papers shall either: (i) file such papers
under seal with an application indicating which portions the
submitting party believes ought to be filed under seal and which
portions ought to be made public and shall indicate an intention to
file a set of papers so redacted five business days after service
of the unredacted papers upon the Court and counsel and that party
shall not file the redacted set of papers if such party receives an
application in opposition from one of the parties within those five
(5) business days and shall instead await a ruling of the Court, or
(ii) await two full business days from hand service upon the
Court's Chambers and the other parties (or five full business days
following service by mail) before publicly filing (or otherwise
disseminating) the papers, in order to allow the other parties the
opportunity to apply for a protective order (or to apply for the
sealing of such papers in whole or in part) if deemed necessary.
In either event, if the party submitting the papers wishes to file
the papers publicly after awaiting the appropriate number of
business days that party shall speak to the opposing parties prior
to filing the papers publicly to make certain that the absence of
objection has not resulted from the unavailability of counsel or
other law office failure;
IT IS FURTHER ORDERED that any papers to be served
upon the Court in response to papers served in conformity with the
preceding paragraph shall either (i) be filed under seal (with an
application indicating which portions the submitting party believes
ought to be filed under seal and which portions ought to be made
public and shall indicate an intention to file a set of papers so
redacted five business days after service of the unredacted papers
upon the Court and counsel and that party shall not f ile the
redacted set of papers if such party receives an application in
opposition from one of the parties within those five (5) business
days and shall instead await a ruling of the Court) , or (ii) shall
not be publicly filed (or otherwise disseminated) until two
business days have elapsed from hand service upon the Court's
Chambers and the other parties (or five business days following
service by mail), in order to allow the other parties the
opportunity to apply for a protective order (or to apply for the
sealing of such papers in whole or in part) if deemed necessary.
In either event, if the party submitting the papers wishes to file
the papers publicly after awaiting the appropriate number of
business days that party shall speak to the opposing parties prior
to filing the papers publicly to make certain that the absence of
objection has not resulted from the unavailability of counsel or
other law office failure; and
IT IS FURTHER ORDERED that nothing in this Order
shall preclude the Government from seeking a further protective
order pursuant to Rule 16(d) as to particular items of discovery
material.
Dated: New York, New York
December 7, 1998
S O O R D E R E D
[Signature]
HON. LEONARD B. SAND
United States District Judge
COPIES MAILED TO COUNSEL OF RECORD KSM 12/17
[Handwritten note; 1 page.]
DOC #43
U.S. DISTRICT COURT
FILED
MAR 17 1999
S.D.N.Y.
MEMO ENDORSED
CHAMBERS OF
LEONARD B. SAND
March 10, 1999
To: Hon. Leonard B. Sand
From: WADIH EL-HAGE
Re: United States v. Usma Bin Laden, et al.
Dear Sir:
On Feb. 9th, 1999, I handed a letter to the prison officer on duty. It was address to your honor.
In that letter I requested to be allowed to substitute my current attorney, Mr. McIntyre, but no response so far.
Again I would like to request to substitute Mr. McIntyre because I am not satisfied with his performance.
Sincerely
Wadi El Hage
[Judge's handwriting:]
Application granted
in open court on
3/15/99LB Sand
USDJ
[1 page form.]
DOC #42
U.S. DISTRICT COURT
FILED
MAR 16 1999
S.D.N.Y.
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
---------------------------------------x
:
UNITED STATES OF AMERICA :
:
-against- : ORDER
:
Wadih El Hage : S (4) 98 Crim 1023 (LBS)
: Docket #
:
:
---------------------------------------x
Leonard B. Sand , DISTRICT JUDGE
Judge's name
THE C.J.A. attorney assigned to this case
Bruce McIntyre, Esq. is hereby ordered substituted and
Attorney's name
the representation of the defendant in the above captioned matter
is assigned to Sam A. Schmidt, Esq.
Attorney's Name
SO ORDERED
[Signature]
UNITED STATES DISTRICT JUDGE
Dated: New York, New York
March 15, 1999
[1 page letter.]
DOC #173
U.S. DISTRICT COURT
FILED
APR 20 2000
S.D.N.Y.
MEMO ENDORSED
RECEIVED
APR 19 2000
CHAMBERS OF
LEONARD B. SAND
LAW OFFICE OF SAM A. SCHMIDT
THE TRINITY BUILDING
111 BROADWAY
NEW YORK, N.Y. 10006
(212) 346-4666
FACSIMILE (212) 346-4665
e-mail lawschmidt@aol.com
Sam A. Schmidt, Esq.
Deborah I. Meyer, Esq.
Of Counsel
Peter Nissman, Esq.
April 18, 2000
Honorable Leonard B. Sand
United States District Court
500 Pearl Street
New York, N.Y. 10007
Re: Transcribing machines for US v. bin Laden 98 Cr. 1023 (LBS)
Dear Judge Sand:
I have received approximately 250 of the 560 cassettes from the recently declassified intercepted conversations in Kenya. Having already reviewed the few draft transcripts and the summaries or notations, I note that there are thousands of conversations that must be transcribed. Those conversations are in English, Arabic, Swahili, Somali, Comoran and French. To transcribe these tapes, I am trying to obtain the services of numerous translators.
In order to transcribe these conversations quickly, and efficiently and in time for the trial, I need to have to have numerous translators working on different cassettes. The Arabic translators will note the counter number of the conversations in other languages that need to be translated and pass on the cassettes to the translators of other languages. In order for this system to work, each translator needs to use the same transcribing machine, otherwise the counter numbers will be different.
I have determined that the least expensive adequate machine to do this will cost approximately $300 per machine. I am requesting that Your Honor authorize the purchase 8 of these machines in order for us to transcribe the cassettes as soon as possible to allow us to prepare for trial.
Very Truly yours,[Signature]
Sam A. Schmidt
cc: all counsel
[Judge's handwriting:]
Expenditure authorized.
4/19/00LB SAND
USDJ
COPIES MAILED TO COUNSEL OF RECORD JV 4/19/00
[1 page letter.]
DOC #185
U.S. DISTRICT COURT
FILED
MAY 26 2000
S.D.N.Y.
MEMO ENDORSED
LAW OFFICE OF SAM A. SCHMIDT
THE TRINITY BUILDING
111 BROADWAY
NEW YORK, N.Y. 10006
(212) 346-4666
FACSIMILE (212) 346-4665
e-mail lawschmidt@aol.com
Sam A. Schmidt, Esq.
Deborah I. Meyer, Esq.
Of Counsel
Peter Nissman, Esq.
May 22, 2000
Honorable Leonard B. Sand
United States District Court
500 Pearl Street
New York, N.Y. 10007
Re: Transcribing machines for US v. bin Laden 98 Cr. 1023 (LBS)
Dear Judge Sand:
The translators of the 560 cassettes from the recently declassified intercepted conversations in Kenya have reported to me that substantially more than one-half of the cassettes have been copied in faster speeds. (See attached letter from Molisen Shawarby). As a result, the previously purchased traditional transcribers are of no assistance in the transcription of substantially more than one-half of the tapes. The government informed me that it believes that the speed of the tapes are at double speed which will require the use of a machine capable of reducing the speed of the tapes. The machine that is available to do so, a Marantz PMD-201 that will also allow for the use of a foot pedal, at a price of $345.95. Additional foot pedals for each of the machines will need to be purchased.
Because I have already purchased five conventional machines for the interpreters, I request that either I or the interpreters be allowed to purchase a total of six additional Marantz PMD-201 nlaciiines and foot pedals to enable the translators to complete this job. I apologize for the delay and tile added expense but I was just notified by my translators of this problem.
Therefore, I am respectfully requesting that Your Honor authorizes the purchase of the additional six Marantz PMD-201 machines and floor pedals to transcribe all the cassettes as soon as possible.
Very Truly yours,[Signature]
Sam A. Schmidt
cc: all counsel
[Judge's handwriting:]
Authorization granted.
So orderedLB SAND
USDJ
5/25/00
COPIES MAILED TO COUNSEL OF RECORD JV illegible
[1 page letter.]
DOC #209
U.S. DISTRICT COURT
FILED
JUN 13 2000
S.D.N.Y.
MEMO ENDORSED
RECEIVED
JUN 12 2000
CHAMBERS OF
LEONARD B. SAND
LAW OFFICE OF SAM A. SCHMIDT
THE TRINITY BUILDING
111 BROADWAY
NEW YORK, N.Y. 10006
(212) 346-4666
FACSIMILE (212) 346-4665
e-mail lawschmidt@aol.com
Sam A. Schmidt, Esq.
Deborah I. Meyer, Esq.
Of Counsel
Peter Nissman, Esq.
June 8, 2000
Honorable Leonard B. Sand
United States District Court
500 Pearl Street
New York, N.Y. 10007
Re: Transcribing machines for US v. bin Laden 98 Cr. 1023 (LBS)
Dear Judge Sand:
Mohsen Shawarby has been able to locate satisfactory transcribers at less than $250 (when purchasing five at a time) that are capable of reducing the speed of the tapes. I have also been successful at returning the other transcribers for a full refund. Because of the need to have many translators in three languages translate the tapes, as well as counsel to review the conversations in English, I am requesting that we be allowed purchase five more transcribers.
I apologize for the repeated requests but we received no notice of the difficulties we would have in transcribing the conversations.
Thank your for your prompt consideration of all our prior requests.
Very Truly yours,[Signature]
Sam A. Schmidt
cc: all counsel
[Judge's handwriting:]
Requisiton of 5 more transcribers
is authorized.LB SAND
USDJ
6/12/00
COPIES MAILED TO COUNSEL OF RECORD JV 6/12/00
[3 pages.]
DOC #240
U.S. DISTRICT COURT
FILED
JUL 25 2000
S.D.N.Y.
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
-------------------------------x
UNITED STATES OF AMERICA
-against- ORDER
USAMA BIN LADEN, et al.
S (7) 98 Cr. 1023 (LBS)
WADIH EL HAGE
Defendant.
-------------------------------x
WHEREAS, SAM A. SCHMIDT, Esq., having been assigned to
represent WADI EL HAGE, pursuant to the Criminal Justice Act;
WHEREAS, it is necessary for Mr. Schmidt to retain the
services of persons to prepare transcripts of tape recorded
conversations from cassette audiotapes from Arabic and Swahili and
transcribe said translations into a digitized format;
WHEREAS, the number of cassette audiotapes that required
translation are so numerous, it is impractical to estimate the
compensation and expenses;
WHEREAS, translators will require approval of the government
and clearance to view documents subject to the protective order;
WHEREAS, CJA counsel for the defendant Mr. El-Hage and other
counsel having spent a substantial amount of time attempting to
locate qualified translators to prepare said transcriptions and
having conferred with the supervising interpreter for the District
Court for the Southern District of New York as to reasonable
compensation for such services;
WHEREAS, approved translators have already begun the
transcriptions in order to complete this process and enable the use
of such transcriptions at trial;
WHEREAS, the folowing translators, companies or supervising
translators shall be authorized to receive compensation as set
forth below:
Swahili
Pan International Conference and Language Services
EIN: 150-46-0688
Bruce McKim
DOB: 2/26/69
Soc Sec. No.: 212-04-8280
Martin Benjamin (for classified)
DOB: 7/6/68
Soc. Sec. No.: 089-56-3596
Mary De Wolfe Stone
DOB: 7/7/63
Soc. Sec. No. : 047-60-6209
AIMM
EIN: 133-747-48
Arabic
Pan International Conference and Language Services
EIN: 150-46-0688
AIMM
EIN: 133-747-48
IT IS SO ORDERED that all approved Swahili and Arabic
translators of tape recorded conversations receive $75 an hour in
compensation for the transcription from Arabic and Swahili in
English and necessary expenses, such compensation considered to be
reasonable for such services;
IT IS FURTHER ORDERED that said translators may submit interim
vouchers for full payment.
Dated: New York, New York
July 24, 2000
SO ORDERED
[Signature]
Hon. LEONARD B. SAND
United States District Judge
[Attorney Michael Young, representing defendant Mohamed Odeh from the time of his arrest in 1998, protested the requirement to obtain a security clearance to see classified materials and filed several lengthy motions to justify his refusal to comply, all of which were opposed by the Department of Justice in lengthier responses. Judge Sand ruled in favor of the Department of Justice. Mr. Young withdrew from the case and was substituted as set forth in this document.]
[1 page form.]
DOC #191
U.S. DISTRICT COURT
FILED
JUN 2 2000
S.D.N.Y.
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
---------------------------------------x
:
UNITED STATES OF AMERICA :
:
-against- : ORDER
:
MOHAMED SADEEK ODEH : S (4) 98 Cr. 1023(LBS)
: Docket #
:
(re: Bin Laden et al) :
---------------------------------------x
Leonard B. Sand , DISTRICT JUDGE
Judge's name
THE C.J.A. attorney assigned to this case
Michael Young is hereby ordered substituted and
Attorney's name
the representation of the defendant in the above captioned matter
is assigned to ANTHONY L. RICCO and co-counsel Edward D. Wilford
Attorney's Name
SO ORDERED
[Signature]
UNITED STATES DISTRICT JUDGE
Dated: New York, New York
May 31, 2000
[1 page letter; no document number.]
RECEIVED
DEC 06 1999
CHAMBERS OF
LEONARD B. SAND
MICHAEL A. YOUNG
ATTORNEY AT LAW
165 CHRISTOPHER STREET
NEW YORK, NEW YORK 10014
TELEPHONE 212-242-4336
FACSIMILE 212-924-4007
ELECTRONIC MAIL
youngesq@ix.netcom.com
December 4, 1999
The Honorable Leonard B. Sand
United States District Judge
United States Courthouse
500 Pearl Street
New York, New York, 10007
Re: United States v. Bin Laden et al., S(2) 98 Cr. 1023 (LBS)
Dear Judge Sand:
Enclosed please find courtesy copies of the motions which the attorneys for defendant Mohamed Odeh are filing at this time. The omnibus motion is being filed under seal because it contains letters from Mr. Fitzgerald which he has labeled discovery material. The defense believes that the omnibus motion does not contain any protected materials, however, and requests that it be publicly filed. The rest of the motions do not contain any materials covered by the protective order and are therefore being filed publicly.
Thank you for your attention to these matters.
Respectfully submitted,[Signature]
MICHAEL YOUNG, ESQ.
cc.: Patrick Fitzgerald, Esq.
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