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IN THE UNITED STATES DISTRICT COURTFOR THE DISTRICT OF COLUMBIA
FAIZ MOHAMMAD AHMEDAL KANDARI, et aL
Plaintiffs,
UNITED STATES OF AMERICA,et al.,
Defendants.
Civii Action No. 02-CV-0828 (CKK)
DECLARATION OF JAMES R. CRISFIELD JR.
Pursuant to 28 U.S.C. § 1746, I, Commander James R. Crisfield Jr., Judge Advocate
General’s Corps, United States Navy, hereby state that tothe best of my knowledge, information
and belief, the following is true, accurate and correct:
1. I am the Legal Advisor to the Combatant Status Review Tribunals. In that capacity I
am the principal tegai advisor to the Director, Combatant Status Review Tribunais, and provide
advice to Tribunais on legal, evidentiary, procedural, and other matters. I also review the record of
proceedings in each Tribunal for legal sufficiency in accordance with standards prescribed in the
Combatant Status Review Tribunal establishment order and implementing directive.
2. I hereby certify that the documents attached hereto constitute a tree and accurate
copy of the portions of the record of proceedings before the Combatant Status Review Tribunal
related to petitioner Faiz Mohammed Ahmed AI Kandari that are suitable for public release. The
portions of the record that are classified or considered law enforcement sensitive are not attached
hereto. I have redacted information that would personally identify family members of detainees as
well as certain U.S. Government personnel in order to protect the personal security of those
2737
individuals, t I have also redacted internee serial numbers because certain combinations of internee
serial numbers with other information become classified under applicable classification guidance.
I declare under penalty of perjury that the foregoing is tree and correct.
~ R. C~ld Jr,
JAGC, USN
~ I have also removed a document written entirely in a tbreign language because I do not have a translator to assist inredacting personally identifying information.
2738
22 Oct 04
From: Legal AdvisorTo: Director, Combatant Status Review Tribunal
Subj: ADDENDUM LEGAL SUFFICIENCY REVIEW OF COMBATANT STATUS REVIEWTRIBUNAL FOR DETAINEE ISN #E
Ref: (a) Deputy Secretary of Defense Order of 7 July 2004(b) Secretary of the Navy Implementation Directive of 29 July 2004
Eric1: memo of 21 Oct 04)ct 04
1. Based on the information in enclosure (2) the Tribunal President has concluded the proceedings.
2. The proceedings of the Tribunal are legacy sufficient mad no figther corrective action is required.
3. I recommend that the decision of the Tribunal~be considered final.
DCDCDCDCDCDCDCDCDC~AGC, USN
UNCLASSIFIED 2739
MEMORANDUM FOR RECORD 21 Oct 04
From: President, Tribunal Team
TO: Director, Combatant Status Review Tribunals
SUBJECT: DetaineegWitness Approval by Convening Authority
Ref: Convening Authority Memorandum of 5 Oct 2004 (OARDEC/Ser: 0179)
1. On 25 Sep 04, Detainee ~lrequested two witnesses to testify on his behalf during hisCombatant Status Review Tribunal. Based on the detainee’s proffer of how thesedetainees would testify, I denied the detainee’s request, ruling that the testimony of the
two witnesses would be irrelevant to the question of whether Detainee~is properlyclassified as an enemy combatant. The detainee subsequently elected not to participate inhis hearing, so the hearing was held in absentia on 29Sep 04.
~~n 5 Oct 04, the Convening Authority returned the record of proc~ee
nel after finding that one of the two witnesses,~1’
as a relevant wimess 1. The panel was ordere~onable availabiJity for this witness. As part &this process, the
detainee’s Personal Representative was directed to meet with the detainee and obtaininformation needed to locate this witness. At this meeting, the detainee told his PersonalRepresentative that he did not want to participate in his Tribunal. After conversing withthe detainee, the Personal Representative informed me that Detainee ~does not wish toappear before the Tribunal or call his witness.
~ first find that the detainee no longer wishes to call
as a witness for his Tribunal. Therefore, the~ wfe -rf tt~ Wl~tnessSviSuld have been relevant or reasonably available ismoot. Alternatively, I find that the witness is not reasonably available since the detaineerefused to provide his Personal Representative with information necessary to locate him.
4. The decision0fTriblmal Panel #5 of 29 Sep 04 stands. The panel has determined that
Detainee #~is properly classified as an enemy combatant.
Respectfully submitted,
Col, USAF
) In his 15 Oct 04 Memorandum for Record, the Personal Representative of Detainee~ states that theConvening Authority "authorized the two requested witnesses." This statement is incorrect. Plevse refer toReferenced Memorandum from Convening Authority.
2740
Date: 15 October 2004MEMORANDUM FOR RECORD
TO: CSRT Legal Advisor
FROM: PR23
Detainee~Witness Approval by Convening AuthoritySUBJECT:
1. On 25 September 2004, detaineefrequested two non-detainee witnesses to testifyhe was not a member oral Qaida. The first witness was his father and the secondwitness was Sheik Mohammed Wali Allah Arrahmani. On 26 September 2004 theTn’bunal President denied both witness requests because they did not have first hand
of his activities in Afghanistan. On 27 September 2004, detainee ~wasknowledgenotified of the Tn’bunal president’s decision and he elected to not participate in theTn’bunal. A Tn~ounal was conducted for th~ detainee on 29 September 2004 and theresults were forwarded to the Convcn~Jng Authority for approval.
On 13 October 2004, the CSRT Legal Advisor was notified that the ConveningAuthority disagreed with the Tr~’bunal President’s decision and authorized the tworequested witnesses. On 15 O~tober, I meet with detainee~to inform him of thedecision of the Convening Authority. Based on this decisio~-~-’f in mrq~,~ed if he wouldlike to participate in the Tn’bunal and c~ his witnesses. Detainee~stated he didnot want to participate in the Tn’bunal and explained other detaine~ spoke withattorneys and were told to not appear before the Tn’bunal or to speak to the PersonalRepresentative. He stated he did not believe the Tn’bunals were real and he waselecting wait until an attomeyrepresented ~ He also stated he though this was atrick to get him to talk. He was firm in his decision and the interview was terminated.
3. Despite the new information, detainee~still does not wish to appear before theTn’bunal or call the approved witnesses.
! Maj, USAF
2741
FOR OFFICIAL USE ONLY
Department of DefenseDirector, Combatant Status Review Tribunals
OARDEC/Ser: 0 ~ 795 October 2004
From: Director, Combatant Status Review Tribunal
Subj:
Ref:
REVIEW OF COMBATANT STATUS REVIEW TRIBUNAL FORDETAINEE ISN #J
(a) Deputy Secretary of Defense Order of 7 July 2004(b) Secretary of the Navy Order of 29 July 2004
Encl: (1) CDR J. R. Crisfield ltr of 4 October 2004 (w/enclosures)
1. The record of proceedings for the subject detainee is returned to Tribunal Panel #5. TheTribunal President is directed to make a determination of the reasonable availability of the firstwitness requested by the detainee, ~ If the witness is notreasonably available and cannot ~,~ estimony, then theTribunal will return their original report, along with a statement from the President regarding hisdetermination on reasonable availability, to the Legal Advisor for review in accordance withreference 09). If the witness is reasonably available or can provide evidence as an alternative tolive testimony, then the Tribunal will re-convene to consider the witness’s testimony or otherevidence, deliberate, and vote on whether the detainee shall continue to be classified as an enemycombatant.
2. If any members of Tribunal Panel 5 are not ava~able to attend farther proceedings, theOARDEC Forward Commander is authorized to assign new members to the Panel for purposesof this Tribunal provided that such new members have been previously assig~aed to a Tribunalpanel by the Director. Any Tribunal members who were not present for the original Tribunalproceedings will listen to the audiotapes of those proceedings prior to deliberation and voting.
3. Prior to re-convening, the Personal Representative will notify the detainee of the President’sdecision regarding the witness and allow the detainee the opportunity to attend the proceedings atwhich the witness testifies, if he so chooses.
M McGARRAHRADM, CEC, USN
FOR OFFICIAL USE ONLY
2742
UNCLASSIFIED
4 Oct 04
Prom: Legal AdvisorTo: Director, Combatant Status Review Tribunal
Subj: LEGAL SUFFICIENCY REVIEW OF COMBATANT STATUS REVIEW TRIBUNAL FOR
Ref: (a) Deputy Secretary of Defense Order of 7 July 2004(b) Secretary of the Navy Implementation Directive of 29 July 2004
Encl: (1) Appointing Order for Tribunal #5 of 17 August 2004(2) Record of Tribunal Proceedings
1. A legal sufficiency review has been completed on the subject Combatant Status Review Tribunal inaccordance with references (a) and (19). After reviewing the record of the Tribunal, I fred that:
a. The detainee was properly notified of the Tribunal process and voluntarily elected not toparticipate in the Tribunal proceedings.
b. The Tribunal was properly convened and constituted by enclosure (1).
c. The Tribunal complied with the provisions of references (a) and (b). Note that information in exhibits R-3, R-4. R-5, and R-6 was redacted. The FBI properly certified inex~bit R-2 that the redacted information would not support a determination that the detainee isnot an enemy combatant.
d. The detainee requested that two witnesses be produced to testify at the Tribunal. TheTribunal President denied the requests.
The first requested witness was the detalnee’s father. The President’s justification fordetermining that the ftrst requested witness was not relevant was that he would only testify asto the detainee’s motive for leaving Kuwait. The President determined that the detainee’smotive for leaving Kuwait was not relevant to whether or not he was an enemy combatant. ThePresident also determined that since it was unlikely that the wituess’s information came fromftrst-hand observation, then his testimony was irrelevant. This decision was faulty for tl~eereasons. First, the detalnee’s proffer for this witness was more than simply that he could testifyto the detalnee’s motive for traveling from Kuwait to Afghanistan. According to the detainee,his father could also testify to, "the details of my trip and all the things I did." Certainly, thedetainee’s activities while in Afghanistan would be relevant to the Tribunal’s decision.Second, even if the only substance of the witness’s testimony would be the detainee’s motivefor leaving Kuwait, this testimony would still be relevant under the circumstances. ThePresident innocently confused two variations on the relevance of motive. While a detainee’smotive for joining or supporting al Qaeda is irrelevant to a determination of their status as anenemy combatant, a detalnee’s motive for traveling to Af~anistan could be relevant to
UNCLASSIFIED2743
UNCLASSWIED
Subj: LEGAL SUFFICIENCY REVIEW OF COMBATANT STATUS REVIEW TRIEUNALFOR DETAINEE ISN #1
determining what they did there once they arrived. In other words, if the detainee had claimedthat he was forced to jo’m al Qaeda, then his motive would be irrelevant to the Tribunal’spurpose. In this case, however, the detainee claimed that he was not a member of al Qaeda.Under these circumstances, the detainee’s motive for traveling to Afghanistan is relevant. If awitness testifies under oath that the detainee’s motive for going to Afghanistan was to dosomething other than join al Qaeda, that evidence could have some tendency, however slight, tomake it less likely that the detainee joined al Qaeda in Afglaanistan. Third, there is no basis inreferences (a) or (b) for requiring first hand knowledge of a matter in issue before beingallowed to testify about it at the Tribunal. Reference (b) states that the Tribunal is not boundby the roles of evidence and the Tribunal is ’%tee to consider any information it deems relevantand helpful." It may consider hearsay evidence. Indeed, the evidence considered persuasive bythe Tribunal is made up almost entirely of hearsay evidence recorded by unidentifiedindividuals with no first-hand knowledge of the events they describe. There should not be adouble standard for the Government’s ability to present hearsay and the detainee’s ability topresent hearsay evidence. The witness is relevant to the Tribunal’s decision]
With regard to the request for the second witness, the Tribunal President determined that thewitness was not relevant based on the detainee’s failure to provide a proffer of the witness’sexpected testimony. Due to the lack of information about this witness’s testimony, thePresident had no choice but to deny the request.
The detainee made no other requests for witnesses or other evidence.
The Tribunal’s decision that detainee # ~is properly classified as an enemy combatante.was unanimous.
f. The detainee’s Personal Representative was Nven the opportunity to review the record ofproceedings and declined to submit comments to the Tribunal.
2. The proceedings of the Tribunal are not sufficient and corrective action, as described below, isrequired.
3. I recommend that the Record of Proceedings be returned to the Tribunal President with direction tomake a determination of the reasonable availability of the first witness requested by the detainee,
If the witness is not reasonably available, then the Tribunalwith a statement from the President regarding his
determination on reasonable availability, to the Legal Advisor. If the witness is reasonably available,then the Tribunal should re-convene to consider the witness’s testimony. If any members of theTribunal panel were not present for the original Tribunal proceedings they should listen to the audiotapes of those proceedings prior to deliberations and voting. Prior to re-convening, the Personal
~ Exhibit R-2 is a list of interrogatories answered by the detainee’s family that discusses, in part, the detainee’s motives fortraveling from Kuwait to Afghanistan. I would have recommended that the introduction and consideration of this exhibitcures any prejudice from the Tribunal President’s denial of the first witness request but for the fact that the Tribunal statedin its decision report that, "The information in the questionnaire was unsworn and provided no usable evidence."
2744
UNCLASSIFIED
Subj: LEGAL SUFFICIENCY REVIEW OF COMBATANT STATUS REVIEW TR1~UNALFOR DETAINEE ISN ~
Representative should notify the detainee of the President’S decision and allow the detainee theopportunity to attend the proceedings at whic~ witness testifies, if he so chooses.
~ JAGC, USN
UNCLASSWIED
2745
ODepm-tment of Defense
Director, Combatant Status Review Tribunals
From: Director, Combatant Status Review Tribunals
17 Aug 04
Subj: APPOINTMENT OF COMBATANT STATUS REVIEW TRIBUNAL ~5
Ref: (a) Convening Authority AppoinUnent Letter of 9 July 2004
By the authority given to me in reference (a), a Combatant Status Review Tribunalestablished by "Implementation of Combatant Status Review Tribunal Procedures forEnemy Combatants Detained at C~antanamo Bay Na~al Base, Cuba" dated 29 July 2004is hereby convened. It shall hear such eases as shall be brought before it without furtheraction of referral or otherwise.
The following eommissionedoffiFers shall serve as members of the Tribunal:
Colonel, U.S. Ah- Force; Presid~nt
Lieutenant Colonet, U.S. Air Force; Member
Lieutenant Commander, U.S. Navy; Member
Rear AdmiralCivil Engineer CorpsUnited States Naval Reserve
2746
HEADQUARTERS, OARDEC FORWARDGUANTANAMO BAYi CUBA
APO AE 09360
30 September 2004MEMORANDUM FOR DIRECTOR, CSRT
FROM: OARDEC FORWARD Commander
SUBJECT: CSRT Record of Proceedings ICO ISN#~
1. Pursuant to Enclosure (1), paragraph (i3(5) of hnplementation of Combatant Status ReviewTribunal Procedures for Enemy Combatants Detained at Guantanamo Bay Naval Base, Cubadated 29 July 2004, I am forwarding the Combatant Status Review Tribunal Decision Report forthe above mentioned ISN for review and action.
2. If there are any questions regarding this package, point of contact on this matter is theundersigned at DSN 660-3088.
DaVm taYlORColonel, USAF
2747
SECRET//NOFORN//X1
Combatant Status Review Tribunal Decision Report Cover Sheet
(U) This Document is UNCLASSWIED Upon Removal of Enclosures (2) and
(U) TRIBUNAL PANEL:
(U) ISN#:
Refi (a) (~ Convening Order for Tribunal #5 of 17 August 2004 (U)(b) (U) CSRT Implementation Directive of 29 July 2004 (U)(c) (U) DEPSECDEF Memo of 7 July 2004 (U)
Encl: (1) (U) Unclassified Summary of Basis For Tribunal Decision (U)(2) (U) Classified Summary of Basis for Tribunal Decision (S/NF)(3) (U) Summary of Detainee/Witness Te~ony ~ot Used)(4) (U) Copies of Documentary Evidence Presented (S/NF)(5) (U) Personal Representative’s Record Review (U)
1. (U) This Tribunal was convened by references (a) and (b) to make a determination to whether the detainee meets the criteria to be designated as an enemy combatant asdefined in reference (e).
2. (U) On 29 September 2004 the Tribunal determined, by a preponderance of the
that Detainee tis properly designated as an enemy combatant as defined inevidence,reference (c).
3. (U) In particular, the Tribunal finds that this detainee is a member of, or affiliatedwith, al-Qaida as more fully discussed in the enclosures.
4. (U) Enclosure (1) provides an unclassified acdount of the basis for the Tribunal’sdecision. A detailed account of the evidence considered by the Tribunal and its findingsof fact are contained in enclosures (1) and (2).
Tribunal PresidentUSAF
DERV FM: Multiple Sources SECRET//’NOFORN//X1DECLASS: XI 2748
UNCLASSIFIED//FOUO
UNCLASSIFIED SUMMARY OF BASIS FOR TR/BUNAI,
DECISION
(Enclosure (1) to Combatant Status Review Tribunal Decision Report)
TRIBUNAL PANEL:ISN #: --I
#5
1. Introduction
As the Combatant Status Review Tribunal (CSRT) Decision Report indicates, theTribunal has determined that this detainee is properly classified as an enemy combatantand is a member of, or afAliated with, al-Qaida. In reaching its conclusions, the Tribunalconsidered both classified and unclassified information. The following is an account ofthe unclassified evidence considered by the Tribunal and other pertinent information.Classified evidence considered by the Tribunal is discussed in Enclosure (2) to the CSRTDecision Report.
2. Synopsis of Proceedings
The unclassified summary of evidence presented to the Tribunal by the Recorderindicated that the detainee:
a. Traveled to Afghanistan to participate in Jihad.b. Has family ties to an al-Qaida cell that killed a U.S. soldier in Kuwait.c. Recruited personnel to participate in the Jihad in Afghanistan and arranged
their travel.d. Had resided at a guesthouse with known al-Qaida operatives while in
Pakistan.e. Received weapons training at the Khaldan Training camp in Afghanistan
where Usama bin Laden personally provided religious insmaction andtraining.
f. Received additional training at the al Farouq training camp to includeexplosives. Usama bin Laden was also at this camp along with individualswho were involved in the 11 September 2001 attacks.
The detainee chose not to participate in the Tribunal process. He had requested twowitnesses. The Tribunal President found the requested witnesses .not to be relevant to theTribunal process. The Tribunal President’s evidentiary mad witness rulings are explainedbelow.
3. Evidence Considered by the Tribunal
The Tribunal considered the following evidence in reaching its conclusions:
a. Exhibits: D-a and R-1 through R-16.
UNCLASSIFIED//FOUO ISN ~Enclosure (1)
Page’l of 3
2749
UNCLASSIFI~D//FOUO
4. Rulings by the Tribunal on Detainee Requests for Evidence or Witnesses
The Detainee requested the following witnesses be produced for the hearing:
Witness President,s Decision Testified?Not ReIevant No*
Sheik Mohammed Ali Allah Arrahmani Not Relevant No*
* The Tribunal President denied both witness requests. ~l~the Detainee’s father. The Detainee indicatea~th-at-the father would know the
reason why the Detainee had left Kuwait. The President considered the request but sincethe reason for the Detainee leaving Kuwait was not a factor in the Detainee’s enemycombatant determination, the President ruled that the witness’ testimony was not relevantto the Tribunal’s decision so the request was denied. The Detainee failed to provide anyrelevancy justification for his witness request of Sheik Mohammed Ali Allah Arrahmani,so the Tribunal President denied the witness request.
The Detainee requested no additional evidence be produced.
5. Discussion of Unclassified Evidence
The Tribunal considered the following unclassified evidence in making itsdeterminations. The recorder offered Exhibits R-1 and R-2 into evidence during theunclassified portion of the proceeding, Exhibit R-1 is the UnclaSsified Summary ofEvidence. While this summary is helpful in that it provides a broad outline of what theTribunal can expect to see, it is not persuasive in that it provides conclusory statementswithout supporting unclassified evidence. Exhibit R-2 was the iesponse to aquestionnaire that had been provided to the Detainee~s family, The information in thequestionnaire was unswom and provided no usable evidence, Accordingly, the Tribunalbad to look to classified exhibits for support of the Unclassified Summary of Evidence.
The Tribunal also relied on certain classified evidence in reaching its decision. Adiscussion of the classified evidence is found in Enclosure (2) to the Combatant StatusReview Tribunal Decision Report.
6. Consultations with the CSRT Legal Advisor
No issues arose during the course of this hearing that required consultation with theCSRT legal advisor.
UNCLASS]~[ED//FOUO ISN ~Enolosure (1)
Page 2 of 3
2750
I~CLASSIFIED//FOUO
7. Conclusions of the Tribunal
Upon careful review of all the evidence presented in this matter, the Tribunal makes thefollowing determinations:
a. The detainee was mentally and physically capable of participating in theproceeding. No medical or mental health evaluation was deemed necessaxy.
b. The detainee understood the Tribunal proceedings. The PersonalRepresentative spent 45 minutes explaining the process to the Detainee. The Detaineeoriginally indicated that he wanted to participate. However, after the Tribunal Presidentdenied his witness request, the Detainee changed his mind and chose not to participate inthe Tribunal process, as indicated in ExNbit D-a.
c. The detainee is properly classified as an enemy combatant and is a member of,or affiliated with, al-Qaida.
8. Dissenting Tribunal Member’s report
None. The Tribunal reached a unanimous decision..
Respectfully submitted,
Tribunal PresidentColonel, USAF
UNCLASSIFIED//FOUO ~SN ~Enclosure (1)
Page 3 of 3
2751
ISN#: S
Personal Representative:~ame/Rank)
Translator Required? YES
DETAINEE ELECTION FORM
Date: 24 Sept 2004
Start Time: 1800 hrs
End Time: 2030
Language? AKABIC
CSRT Procedure Read to Detainee or Written Copy Read by Detainee? YES -- BOTH
Detainee Election:
[][][]
Wants to Participate in Tribunal
Affirmatively Declines to Participate in Tribunal
Uncooperative or Unresponsive
Personal Representative Comments:
On 24 Sept 2004, detainee ~lndicated that he would participate in the TfibunMandhe
requested to call 2 non-detainee witnesses. The Tribunal President denied his wimess request on
26 Sept 2004 and ruled that they were not relevant. (See Attached Witness Relevancy Request
documentation) On 27 Sept 2004, detaineefwas notified of the Tribunal president’s decision
and he elected to not participate in the Tribunal. He also stated that he did not want me to call
wimesses, make statements or present evidence on his behalf.
Personal Representative:
I~CLASSIFIED//FOUO
Exhibit2752
Date: 25 September 2004MEMORANDUM FOR RECORD
TO: CSRT President For Detaineef
FROM: PR#23
Detainee~Witness Relevancy RequestSUBJECT:
1. Detainee~requested two non-detainee witnesses to testify that fie is not a memberof A1 Qal aiT/?-. The first witness is his father and immediate family. The detaineewrote, "They know the reason I left Kuwait to go to Afghanistan and the details ofmy trip and all the things I did." The detainee provided the following contract2n.formation for his family:
FATHER:
2. DetaineeWalso requested to call Sheik Mohammed Wali Allah Arrahmani as awitness. He claimed that his address is in a personal book that was with him at thetime of his capture. Interrogators in Baghram told him that this book was delivered tothe US forces. I contacted the Camp Delta Military Police Investigation Office wheredetainee personal effects are kept and they had no personal effects listed for Detainee
~amiin their possession. However, if this witness request is approved, the Detainee’sly might be able to contact this witness.
.3. Detainee~provided this request in writing. The Detainee’s hand written witnessrequest along with the associated translation are attached for reference.
or, USAF
2753
2754
MEMO FOR RECORD
TO: PR-23
SLrBJECT: WITNESS REQUEST FROM ISN #~
DATE: 26 SEP 2004
ISN#~has requested 2 wimesses. The first is his father who the detainee states knewthe demus~ of his trip. However there is no indication that his father knew thisinformation from first hand observation but most likely from what either the Detainee orothers had told him were the details of his trip. Unless the father has first handknowledge of the trip, then the information would be not be relevant and the request forthis wimess is denied.
The second witness is for Sheik Mohammed All Allah ~-rahmani but no reason for beingrequested was provided. Again, unless they have first hand knowledge of what theDetainee did during his trip, the information would be not be relevant and therefore therequest for witness is denied.
USAF
2755
UNCLASSIFIED
Combatant Status Review Board
TO: Personal Representative
FROM: OIC, CSRT (21 September 2004)
Subject:Summary of Evidence for Combatant Status Review Tribunal - AL KANDARI,Faiz Mohammad Ahmed
1. Under the provisions of the Secretary of the Navy Memorandum, dated 29 July 2004,hnplementation of Combatant Status Review Tribunal Procedures for Enemy CombatantsDetained at Guantanamo Bay Nc~al Base Cuba, a Tribunal hasbeen appointed to reviewthe detainee’s designation as an enemy combatant.
2. An enemy combatant has been defined as "an individual who was part of orsupporting the Taliban or al Qaida forces, or associated forces that are engaged inhostilities against the United States or its coalition partners. TNs includes any personwho committed a belligerent act or has directly supported hostilities in aid of enemyarmed forces."
3. The United States Government has previously determined that the detainee is anenemy combatant. This determination is based on information possessed by the UnitedStates that indicates that the detainee is a member ofal Qaida.
a. The detainee is a member ofal Qaida:
1. The detainee traveled to Afghanistan and provided religiousinstruction at the al Farouq tra’ming camp in the September 2001timeframe.
2. The detainee has family ties to an al Qaida cell that killed a U.S.soldier in Kuwait.
3. The detainee recruited personnel to participate in the Jihad inAfghanistan and arranged their ~ravel, as well as his own, from the UnitedArab Emirates to Pakistan.
4. Once in Pakistan, the detainee and the others he had recruited residedat a gnesthouse with known al Qaida operatives.
5. The detainee later traveled into Afghanistan and received weaponstraining at the Khaldan training camp. Usama Bin Laden personallyprovided religious instruction and trainee at this camp.
UNCLASSIFIED
Page ~ of ~._~__Exhibit~
2756
UNCLASS~IED
6. The detainee then received further trai.n~g, including with explosives,at the al Farouq trig camp. Usama Bin Laden was also present at thiscamp, as were individuals who were involved with the 11 September 2001attacks.
7. The detainee was in the Tora Bora mounta’m region in October orNovember 2001.
4. The detainee has the opportunity to contest his designation as an enemy combatant.The Tribunal will endeavor to arrange for the presence of any reasonably availablewitnesses or evidence that the detainee desires to call or introduce to prove that he is notan enemy combatant. The Tribunal President will determine the reasonable availabilityof evidence or witnesses.
UNCLASSN1ED
Page ,~- of ~
2757
7. Fayiz Mohammed Ahmcd A] Kaadafi
Exhibit~2758
QUESTIONS FOR THE FAMILY OFFaiz Mohammed Ahmed A! Kandhari
1. Please provide AI Kandhad’s biographic informa~on: given name, othernames he Is known as. date of birth, place of birth, home address.
2. Please provide the family’s information: father, mother, brothers, sisters, wife(include date of marriage), and children.
3. Did AI Kandhari tell his family that he was going to travel to Afghanistan orPakistan? If so, whet did he say?.
4. Why did AI Kandhari say he was leaving Kuwait to go toAfghanistan/Pakistan?
5. Did AI Kandhari say he was going to travel with any one or meet anyone uponhis arrival in Afghanistan/Pakistan?
6. Do you know how AI Kandhari traveled to Afghanistan/Pakistan?
7. How was the trip funded?
8. What Mosques did AI Kandhad attend wh~e in Kuwait?
9. Did he mention any spec~c imams?
10. What social groups did AI Kandhad associate w~ while in Kuwait?
11. Was AI Kandhari associated with any type of Non GovernmentalOrganization (ie. AI-WAFA) while in Kuwait?
12. Did AI Kandhari travel with anyone to Afghanistan/Pakistan?
13. Did he say if he was supposed to meet anyone in Afghanistan/Pakistan?
14. Did A] Kandhari contact the family (call / send mail) from Afghanistan Pakistan? ff mail sent, are you willing to provide copies to U.S governmentrepresentatives?
15. Whydid AI Kandhad travel to Bosnia? When?
16. Did he travel with anyone?Who?
17. Why did AI Kandhari travel to Bahrain? When?
18. Are there family members in Bahrain?
Page __~ of
2759
19. Did AI Kandhari say why he went to Afghanistan in 1997 and again in 20017
20. Did AI Kandhad travel to any other countries? Why and When?
2760
ANSWER TO THE QUESTIONS FOR TFIE FAMILY OFFAIZ MOttAiV[MED AHMED AL KANDItARI
Ns.~a-le
No other namesDate of birthPlace of birthHome Address
Father NameMother NameBrothers NamesSisters Names
Wife nameChildren Name
: Faiz Mohammed Ahmed A1 Kandhari
: ~ 1975: Kuwait
: Not married: N/A
3. Yes, he did tell us about his trip to Afghanistan, and he said that he want to go toAfghanistan to contribute some money to make a small project (digging a well)for the poor people, for the sake of his sick mother, who has a serious sickness
, (cancer) and to have mere blessing from God on her behalf, so he went there assist and to help refugees and poor people in Afghanistan.
4. He says that he is leaving Kuwait to go to Afghanistan for charity work.
5. No, we are not aware that he might meet anyone upon his arrival to Afghanistan.
Yes, he traveled by Airplane to Pakistan and then to Afghanistan.
7. The family funded his trip.
8. He normally goes to the mosque in the neighborhood.
9. No, he did not mentioned any specific Imam.
10. He participate to work with Saiwa Charitable Committee.
111 No, he wasn’t associated with any type of non-governmental organizations suchas A1 Wafa while he was in Kuwait except the Salwa Charitable Committee.
12. He did not traveled with anyone to Afghanistan.
13. No, he did not say that he supposed to meet anyone in Afghardstan or inPaldstan.
14. Yes, he did call several fiJnes by phone, he did not sent any mail from there.
15. He traveled to Bosnia for charitable work, in 1994.
Page__~ of 7__
2761
16. To the best of our "knowledge, he did not traveled with anyone.
17. He did traveled to Bahrain with us as a family long time ago when he was about13 years old to visit close friends to us there.
18. There is no family members in Bahrain but very close friends, like relatives.
19. Yes, he went to Afghanistan in 1997and2001 for chadtable work.
20. He did traveled with us many times to European countries for tourism and alsoto Saudi Arabia with us and sometimes alone to visit the Holy Mosque andMecca, we have no specific dates to these journeys.
Page~ 4"- of.Z!__
2762
Page~of
2763
State of Kuwait Civil ID Card
Civil No.
Name
Nationality
Date of birth
Expiry Date
275060300286
Fayez Mohammed Ahmed A1 Kandari
Kuwait
It975 Sex Male
718/2003
Civil No.
Nationality No.
Address
Avenue
Building/ Plot
Unit No.
Tel. No.
of the concerned party
68510
27506030"0~86
Typelof Unit
Floor
Blood Group
Page __~ of 72764
UNCLASSIFIED//FOUO
Personal Representative Review of the Record of Proceedings
I acknowledge that on/./.a~ September 2004 1 was provided the opportunity to review the
record of proceedings for the Combatant Status Review Tribunal involving ISN ~
Name
_Z~__I have no comments.
__ My comments are attached.
Date
UNCLASSIFIED//FOUO
~SN ~Enclosure (5)
2765
IN THE UNITED STATES DISTRICT COURTFOR THE DISTRICT OF COLUMBIA
)ABDUL KHALED AHMED SAHLEH )
AL BEDANI, et al. ))
Petitioners, ))
v. ))
GEORGE W. BUSH, )President of the United States, et aL, )
Respondents. )))
Civil Action No. 04-CV-1194 (HHK)
DECLARATION OF JAMES R. CRISFIELD JR.
Pursuant to 28 U.S.C. § 1746, I, Commander James R. Crisfield Jr., Judge Advocate
General’s Corps, United States Navy, hereby state that to the best of my knowledge, information
and belief, the following is true, accurate and correct:
1. I am the Legal Advisor to the Combatant Status Review Tribunals. In that
capacity I am the principal legal advisor to the Director, Combatant Status Review Tribunals, and
provide advice to Tribunals on legal, evidentiary, procedural, and other matters. I also review the
record of proceedings in each Tribunal for legal sufficiency in accordance with standards
prescribed in the Combatant Status Review Tribunal establishment order and implementing
directive.
2. I hereby certify that the documents attached hereto constitute a tree and accurate
copy of the portions of the record of proceedings before the Combatant Status Review Tribunal
related to petitioner Abdul Khaled Ahmed Sahleh AI Bedani that axe suitable for public release.
The portions of the record that are classified or considered law enforcement sensitive are not
2766
attached hereto. I have redacted information that would personally identify certain U.S.
Government personnel in order to protect the personal security of those individuals. I have also
redacted internee serial numbers because certain combinations of internee serial numbers with
other information become classified under applicable classification guidance.
I declare under penalty of perjury that the fore:going~me and correct.
CDR, JAGC, USN
2767
FOR OFFICIAL USE ONLY
Department of DefenseDirector, Combatant Status Review Tribunals
OARDEC/Ser:30 September 2004
From: Director, Combatant Status Review Tribunal
Subj: REVIEW OF COMBATANT STATUS REVIEW TRIBUNAL FORDETAINEE ISN #
Ref: (a) Deputy Secretary of Defense Order of 7 July 2004(b) Secretary of the Navy Order of 29 July 2004
1. I concur in the decision of the Combatant Status Review Tribunal that Detainee ISN ~meets the criteria for desi~ation as an Enemy Combatant, in accordance with references (a) and
2. This case is now considered final, and the detainee will be scheduled for an AdministrativeReview Board.
J. M. McGARRAHRADM, CEC, USN
Distribution:NSC (Mr. John Bellinger)
--DOS (Ambassador Prosper)DASD-DAJCS (JS)SOUTHCOM (COS)COMJTFGTMOOARDEC (Fwd)CITF Ft Belvoir
FOR OFFICIAL USE ONLY
2768
UNCLASSIFIED
29 Sep 04
From: Legal AdvisorTo: Director, Combatant Status Review Tribunal
Subj: LEGAL SUFFICIENCY REVIEW OF COMBATANT STATUS REVIEW TRIBUNALFOR DETAINEE ISN #~
Refi (a) Deputy Secretary of Defense Order of 7 July 2004(b) Secretary of the Navy Implementation Directive of 29 July 2004
Encl: (1) Appointing Order for Tfibunai #8 of 13 September 2004(2) Record of Tribunal Proceedings
1. Legalsufficiency review has been completed on the subject Combatant Status ReviewTribunal in accordance with references (a) and CO). After reviewing the record of the Tribunal, fred that:
a. The detainee was properly notified of the Tribunal process and voluntarily elected notto participate in the Tribunal,
b. The Tribunal was properly convened and constituted by enclosure (1).
c. The Tribunal complied with the provisions of references (a) and CO). Note that someinformation in exhibit R-3 and R-4 was redacted. The FBI properly certified in exhibitR-2 that the redacted information would not support a determination that the detainee isnot an enemy combatant. Although the Tribunal expressed its opinion that the FBI’sletter was "without merit’’ they do not have the authority to override an originatingagency’s determination that certain information should be withheld from the Tribunal.The decision to withhold information from a Tribunal is left solely to the discretion of theoriginat~g agency by reference Co), The Tribunal’s concern about the redactions isespecially mystifying since it is apparent from a review of the documents that the onlyinformation redacted by the FBI was the names of individuals participating in theinterrogations.
d. The detainee made no requests for witnesses or other evidence.
e. The Tribunal’s decision that detainee #gis properly classified as an enemycombatant was unanimous.
f. The detainee’s Personal Representative was given the opportunity to review therecord of proceedings and declined to submit comments to the Tribunal.
UNCLASSIFIED
2769
Subj:
UNCLASS]Y~D
LEGAL SUFFICIENCY REVIEW OF COMBATANT STATUS REVIEW TRIEUNALFOR DETAINEE ISN #i
2. The proceedings and decision of the Tribunal are legally sufficient and no corrective action isrequired.
3. I recommend that the decision of the Tribunal be approved and the case be considered final.
22770
From: Dtrcctor, Combatant Stattm Review Tribunals
Department of DefenseDirector, Combatant Status Review Tribunals
13 Sep 04
Subj: APPOINTMENT OF COMBATANT STATUS REVIEW TRIBUNAL #8
Ref: (a) Convening Authority Appointment Letter of 9 July 2004
By the authority given to me in reference (a), a Combatant Status Review Tribunalestablished by "Implementation of Combatant Status Review Tribunal Procedures forEnemy Combatants Detained at Guantunamo Bay Naval Base, Cuba" dated 29 3uly 2004is hereby convened. It shall hear such eases as shall be brought before it without furtheraetiun of referral or otherwise.
The following commissioned officers shall serve as members of the Tribunal:
, Colonel, U.S. Marine Corps Reserve; President
Colonel, U.S. Army; Member
J. M. MeGARRAHRear AdmiralCivil Engineer CorpsUnited States Naval Reserve
2771
HEADQUARTERS, OARDEC FORWARDGUANTANAMO BAY, CUBA
APO AE 09360
22 September 2004MEMORANDUM FOR DIRECTOR, CSRT
FROM: OARDEC FORWARD Commander
SUBJECT: CSRT Record of Proceedings ICO ISN#
1. Pursuant to Enclosure (1), paragraph (I)(5) of Implementation of Combatant Status ReviewTribunal Procedures for Enemy Combatants Detained at Guantanamo Bay Naval Base, Cubadated 29 July 2004, I am forwarding the Combatant Status Review Tribunal Decision Report forthe above mentioned ISN for review and action.
2. If there are any questions regarding this package, point of contact on this matter is theundersigned at DSN 660-3088.
Colonel, USAF
2772
SECRET//NOFORN//X1
(U) Combatant Status Review Tribunal Decision Report Cover Sheet
(U) This Document is UNCLASS~IED Upon Removal of Enclosures (2) (3) and
(U) TRIBUNAL PANEL:
(U) ISN#:
Refi (a) (U) Convening Order for Tribunal #8 of 13 September 2004 (U)(b) (U) CSRT Implementation Directive of 29 July 2004 (U)(c) (U) DEPSECDEF Memo of 7 July 2004 (U)
Encl: (1) (U) Unclassified Summary of Basis For Tribunal Decision (U)(2) (U) Classified Summary of Basis for Tribunal Decision (S/NF)(3) (U) Summary of DetaineeAVitness Testimony (-tJ/FOUO) (4) (U) Copies of Documentary Evidence Presented (S/NF)(5) (U) Personal Representative’s Record Review (U)
1. (U) This Tribunal was convened on 20 September 2004 by references (a) and (b) make a determination as to whether the detainee meets the criteria to be designated as anenemy combatant, as defined in reference (c).
2. (U) On 20 September 2004 the Tribunal determined, by a preponderance of theevidence, that Detainee ~is properly designated as an enemy combatant as defined inreference (c).
3. (U) In particular, the Tribunal finds that this detainee is a member of, or affiliatedwith, al Qalda, as more fully discussed in the enclosures.
4. (Lr) Enclosure (1) provides an unclassified account of the basis for the Tribunal’sdecision. A detailed account of the evidence considered by the Tribunal and its findingsof fact are contained in enclosures (1) and (2).
Colonel, U.S. Marine CorpsTribunal President
DERV FM: Multiple Sources SECRET//NOFORN//X1DECLASS: XI 2773
UNCLASSIF[ED/~OUO
UNCLASSIFIED SUMMARY OF BASIS FOR TRIBUNALDECISION
~nclosure (1) to Combatant Status Review Tribunal Decision Report)
TR~UNAL PANEL: #8ISN #:
1. Introduction
As the Combatant Status Review Tribunal (CSRT) Decision Report indicates, theTribunal has determined that this detainee is properly classified as an enemy combatantand is a member of, or affiliated with, al Qaida. In reaching its conclusions, the Tribunalconsidered both classified and unclassified information. The following is an account ofthe unclassified evidence considered by the Tribunal and other pertinent information.Classified evidence considered by the Tribunal is discussed in Enclosure (2) to the CSRTDecision Report.
2. Synopsis of Proceedings
The unclassified evidence presented to the Tribunal by the Recorder indicated that theDetainee stated that he traveled to Afghanistan for military training so that he couldparticipate in Jthad. He stayed in bunkers during the bombing of the Tora Bora regionand was subsequently wounded. The Detainee was picked up by the local Afghans andturned in to the Northern Alliance. The Detainee chose not to participate in the Tribunalprocess. He called no witnesses, requested no unclassified or classified documents beproduced, and made no statement. The personal representative verified that the linguistwas of the correct dialect to translate the CSRT information to the Detainee. However,based on the Detainee’s silence, the Personal Representative had to infer that theDetainee did not wish to participate.
3. Evidence Considered by the Tribunal
The Tribunal considered the following evidence in reaching its conclusions:
a. Exhibits: D-a and R-1 through R-14.
b. Testimony of the following persons: None
c. Statement from the Detainee: None
4. Rulings by the Tribunal on Detainee Requests for Evidence or Witnesses
The Detainee requested no wimesses and requested no additional evidence be produced;therefore, no nflings on these matters were required.
UNCLASSIFIED//FOUO ISN ~Enclosure-(T~’-
Page 1 of 32774
UNCLASSIFIED//FOUO
5. Discussion of Unclassified Evidence
The Tribunal considered the following unclassified evidence in m ~aldng itsdeterminations:
The recorder offered Exhibits R-1 and R-2 into evidence during the unclassified portionof the proceeding. Exhibit R-1 is the Unclassified Summary of Evidence. While thissummary is helpful in that it provides a broad outline of what the Tribunal can expect tosee, it is not persuasive in that it provides conclusory statements without supportingunclassified evidence.
The Tribunal found the following unclassified evidence unpersuasive in making itsdeterminations: Exhibit R-2, a request from the Federal Bureau of Investigation to redactcertain information from its recorded interview concerning the Detainee from the "FBIForm 302" or "FD 302" was not helpf~ to the Tribunal in determining whether theDetainee was properly classified as an enemy combatant. To be more specific, the meredeclaration that "inappropriate" release of the information "could damage the nationalsecurity of the United States and compromise ongoing FBI investigations," without adiscussion of the underlying information and the reasons why its release to the Tribunalwould be damaging to U.S. national security or compromising to current future FBIinvestigations, was not helpful to the Tribunal. The Tribunal therefore found Exhibit R-2~S be wittiout m~e~i~. " .....................
The Tribunal also relied on certain classified evidence in reaching its decision. Adiscussion of the classified evidence is found in Enclosure (2) to the Combatant StatusReview Tribunal Decision Report.
6. Consultations with the CSRT Legal Advisor
No issues arose during the course of this hearing that required consultation with theCSRT legal advisor.
7. Conclusions of the Tribunal
Upon careful review of all the evidence presented in this matter, the Tribunal makes thefollowing determinations:
a. The detainee was mentally and physically capable of participating in theproceeding. No medical or mental health evaluation Was deemed necessary.
b. The detainee understood the Tribunal proceedings, but chose not to participatein the Tribunal process, as indicated in Exhibit D-a. The Tribunal questioned thePersonal Representative closely on tiffs matter and was satisfied that the PersonalRepresentative had made every effort to ensure that the Detainee had made an informed
LrNCLASSIFIED/~OUO
Page 2 of 32775
UNCLASSIFIED//FOUO
decision. As stated previously, the Personal Representative had to i~er that the Detaineechose .not to participate in the process based on his silence and complete lack ofcooperation.
c. The Detainee is properly classified as an enemy combatant and is a member of,or affiliated with, al-Qaida.
8. Dissenting Tribunal Member’s report
None. The Tribunal reached a unanimous decision.
Colonel, U.S. Marine CorpsTribunal President
UNCLASSIFIED//FOUO ISN #Enclosure
Page 3 of 32776
ISN#: ~
Personal Representative:~ame/Rank)
Translator Required? YES
DETAINEE ELECTION FORM
Date: 18Se004
Start Time: 10:35
End Time: 1~.47
Language? A_~IC
CSRT Procedure Read to Detainee or Written Copy Read by Detainee? YES
Detainee Election:
[] Wants to Participate in Tribunal
[] Affirmatively Declines to Participate in Tribunal
[] Uncooperative or Unresponsive
Personal Representative Comments:
No responses to any questions. Read Notice to Detainees and Summary of Unclassified Evidence.
Personal Representative:
UNCLASSI:FIED//FOEO 2777
FOUO
Recorder Exhibit List]For
ISN
#R-1R-2R-3R-4R-5R-6R-7
Title ClassificationUnclassified Summary UNCLASSIFIEDFBI Request for Redaction of National Security Information UNCLASSIFIEDFBI 302 dtd 7 Oct 02 FOUO//LESCITF FM 40 dtd 4 May 04
340 6543 02FOUO//LES
Knowledgeability Brief 121257Z May 02
SECRET]IR 2 340 6528 02 SECRETJTF GTMO Regional Team Assessment 17 Mar 04 SECRET/~OFORN
R-8 JTF GTMO Baseball Card: Detaine~l~d 27 May 04
R-9 ~~-ne~Checklist:~Detainee~R-10 SECRET
SECRET/~OFORNSECRET/~OFORN
JTF GTMO MFR dtd 2 Nov 02Analyst Sup_port Package: Detaineeldtd 16 Se_p 04CITF CDR Memorandum 03 Jun 04
SECRETSECRET//NOFORNSECRET//NOFORNSECRET//NOFORN
FOUO 2778
UNCLASSIFIED
Combatant Status Review Board
TO: Personal Representative
FROM: OIC, CSRT (16 September 2004)
Subject: Sttmmary of Evidence for Combatant Status Review Tribunal - AL BEDANI, AbdulKhaled Almaed Sableh
1. Under the provisions of the Secretary of the Navy Memorandum, dated 29 July 2004,Implementation of Combatant Status Revimt, Tribunal Procedures for Enemy CombatantsDetained at Ca¢antanamo Bay Naval Base Cuba, a Tribunal has been appointed to review thedetainee’s designation as an enemy combatant.
2. An enemy combatant has been defined as "an individual who was part of or supporting theTaliban or al Qaida forces, or associated forces that are engaged in hostilities against the UnitedStates or its coalition partners. This includes any person who committed a belligerent act or hasdirectly supported hostilities in aid of enemy armed forces."
3. The United States Government has previously determined that the detainee is an enemycombatant. This determination is based on information possessed by the United States thatindicates that the detainee is associated with al Qaida.
a. The detainee is associated with ai Qaida:
1. The detainee is a Sandi who traveled to Kabul, Afghanistan in early 2001. Hetraveled to Kabul via Quetta, Pakistan and Kandahar, Afghanistan.
2. The detainee was recruited by a known al Qaida/Taliban recruiter to travel toAfghanistan for training for participation in Jihad.
3. The detainee states that he went to Afghanistan to receive military training.
4. The detainee was in a guesthouse in Kabul awaiting training when he heard ofattacks on America and possibility of retaliation and decided to leave Afghanistanimmediately.
5. The detainee stayed in various bunkers during the bombing of the Tora Boraregion. While in these bunkers, the detainee was in the presence of personnelarmed with rifles and rocket propelled grenades (RPGs). Some of these othermen engaged in fighting against the Northern Alliance.
6. The detainee was wounded during the bombing in Tora Bora and was thenpicked up by local Afghans who turned him over to the Northern Alliance.
UNCLASSIFIED
Page / of ~
2779
UNCLASSIFIED
b. The detainee participated in military operations against the coalition.
1. Though he denies using any weapons, the detainee admits that he wasprovided with a rifle while he was in the Tora Bora region.
4. The detainee has the opportunity to contest his designatfon as an enemy combatant. TheTribunal will endeavor to arrange for the presence of any reasonably available witnesses orevidence that the detainee desires to call or introduce to prove that he is not an enemy combatant.The Tribunal President will determine the reasonable availability of evidence or witnesses.
UNCLASSIFIED
Page_ ~ of
2780
Memorandum
From
Subject
Department of Defense DateOffice of Administrative Reviewfor Detained Enemy CombatantsCol. David Taylor, OIC, CSRT
FBI GTMOCounterterrorism Division0SC
REQL~ST FOR REDACTION OFNATIONAL SECURITY INFORN/~TION
09/09/2004
Pursuant to the Secretary of the Navy Order of 29 July2004, Implementation of Combatant Review Tribunal Procedures forEnemy Combatants Detained at Guantanamo Bay Naval Base, Cuba,Section D, paragraph 2, the FBI requests redaction of theinformation herein marked ~. The FBI makes this request on thebasis that said information relates to the national security ofthe United States ~. Inappropriate dissemination of saidinformation could damage the national security of the UnitedStates and compromise ongoing FBI investigations.
CERTIFICATION THAT REDACTED INFORMATION DOES NOT SUPPORT ADETERMINATION THAT THE DETAINEE IS NOT AN ENEMY COMBATANT
The FBI certifies the aforementioned redaction containsno information that w~uld support a determination that thedetainee is not an enemy combatant.
The following documents relative to ISNredacted by the FBI and provided to the OAR]DEC:
have been
FD-302 dated 10/07/2002
~Redactions are blackened out on the OARDEC provided FBIdocument.
2See Executive Order 12958
Page [ of c~ EXtt~IT ~2781
Memorandum from! ~to Col. David TaylorRe : REQUEST
If you nee On
Page -2- of 02
2782
LrNCLASSIFIED//FOUO
Personal Representative Review of the Record of Proceedings
I acknowledge that on,~ September 2004 1 was provided the opportunity to review therecord of proceedings for the Combatant Status Review Tribunal involving ISN ~
have n~ comments.
My comments are attached.
USAF
UNCLASSIFIED//FOUO
Enclosure~-5)
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