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UNITED STATES DISTRICT COURT 

DISTRICT OF MINNESOTA 

UNITED STATES OF AMERICA, 

Plaintiff,

v. 

MOHAMED ABDULLAH WARSAME, 

 Defendant. 

Criminal No. 04-29 (JRT)

PROTECTIVE ORDER PURSUANT 

TO SECTION 4 OF THE CLASSIFIED 

INFORMATION PROCEDURES ACT 

AND RULE 16 OF THE FEDERAL 

RULES OF CRIMINAL PROCEDURE 

W. Anders Folk, Assistant United States Attorneys, OFFICE OF THE 

UNITED STATES ATTORNEY, 600 United States Courthouse, 300 

South Fourth Street, Minneapolis, MN 55415; Joseph N. Kaster, UNITED 

STATES DEPARTMENT OF JUSTICE, 10th and Constitution Avenue 

NW, Room 2649, Washington DC, 20530; for plaintiff. 

David C. Thomas, LAW OFFICES OF DAVID C. THOMAS, 53 West 

Jackson Boulevard, Suite 1362, Chicago, IL 60604; Andrea K. George, 

Assistant Federal Defender OFFICE OF THE FEDERAL DEFENDER, 

300 South Fourth Street, Suite 107, Minneapolis, MN 55415; for defendant. 

This matter came before the Court on the United States' second ex parte, in 

camera motion and supporting Declaration (hereinafter, the "Submission"), filed May 27, 

2008, pursuant to Section 4 of the Classified Information Procedures Act ("CIPA"), 18 

U.S.C. App. III § 4, and Rule 16 of the Federal Rules of Criminal Procedure ("Fed. R. 

Crim. P.") for a protective order authorizing the disclosure of a certain unclassified 

summary in lieu of disclosure of classified material (the "Classified Document") itself, 

and to withhold disclosure of the Classified Document. After ex parte, in camera 

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inspection and consideration of the United States' Submission, this Court finds, pursuant 

to Section 4 of CIPA and Rule 16(d)(1), Fed. R. Crim. P., that: 

The United States' Submission contains classified information that requires 

protection against unauthorized disclosure for reasons of national security. Specifically, 

the Court finds that disclosure of the classified information or the Classified Document to 

the defense, or to the public, reasonably could be expected to cause serious damage to 

national security. 

The Court further finds that the information sought to be protected is either not 

discoverable under Brady v. Maryland, 373 U.S. 83 (1963), and its progeny, and Rule 16, 

Fed. R. Crim. P., or that such discovery value is outweighed by the potential danger to 

national security that might ensue after disclosure. Accordingly, 

IT IS HEREBY ORDERED that the United States need not disclose to the 

defense the specific classified information or Classified Document described in the 

United States' Submission. 

Pursuant to CIPA Section 4 and Rule 16(d)(1), Fed. R. Crim. P., the United States 

has proposed an unclassified summary as a substitute for certain specific classified 

information at issue. The Court finds that the unclassified summary will provide 

Defendant with substantially the same ability to make his defense as would disclosure of 

the specific classified information or Classified Document. 

IT IS FURTHER ORDERED that the United States may disclose to the 

defense the unclassified summary substantially in the form proposed in the 

Submission. 

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IT IS FURTHER ORDERED that the United States' unclassified summary of the 

specific information at issue is hereby SUBSTITUTED for the classified information and 

Classified Document. 

IT IS FURTHER ORDERED that the United States need not disclose to the 

defense reports cited in or incorporated in, or reports derivative of, the Classified 

Document. 

IT IS FURTHER ORDERED that the United States' Submission is hereby sealed 

and shall be maintained in a facility appropriate for the storage of such classified 

information by the Court Security Officer as the designee of the Clerk of Court, in 

accordance with established security procedures, until further order of this Court. 

DATED: October 3, 2008 s/John R. Tunheim _ 

at Minneapolis, Minnesota. JOHN R. TUNHEIM 

 United States District Judge 

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