UNITED STATES DISTRICT COURT FOR THE
 

FOR THE EASTERN DISTRICT OF NORTH CAROLINA
 

WESTERN DIVISION
 

NO. 5:09-CR-216-FL
 

UNITED STATES OF AMERICA, ) 

)

) 

v. ) 

) 

DANIEL PATRICK BOYD, a/k/a ) 

"Saifullah" ) 

HYSEN SHERIFI ) 

ANES SUBASIC ) 

ZAKARIYA BOYD, a/k/al "Zak;" ) 

DYLAN BOYD, a/k/a "Mohammed;") 

MOHAMMAD OMAR ALY HASSAN; ) 

and ) 

ZIYAD YAGHI, 

Defendants. 

) 

) 

)
 

) 

PROTECTIVE ORDER 

This matter comes before the Court upon the Government's 

Stipulated Motion for Protective Order to prevent the unauthorized 

use, disclosure or dissemination of classified national security 

information and documents that will be reviewed by or made 

available to, or are otherwise in the possession of, defense 

counsel in this case. 

Pursuant to the authority granted under section 3 of the 

Classified Information Procedures Act, 18 U.S.C. App. 3 (2006) 

("CIPA"); the Security Procedures established pursuant to Pub. L. 

96-456, 94 Stat. 2025, by the Chief Justice of the United States 

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for the Protection of Classified Information (reprinted following 

CIPA § 9) (hereinafter the "Security Procedures"); Federal Rules 

of Criminal Procedure 16 (d) and 57; the general supervisory 

authority of the Court; and, in order to protect the national 

security, 

IT IS HEREBY ORDERED: 

1. The Court finds that this case will involve classified 

national security information, the storage, handling, and control 

of which, by law or regulation, requires special security 

precautions, and access to which requires a security clearance and 

a need-to-know. 

2. The purpose of this Protective Order ("Order") is to 

establish the procedures that must be followed by all defense 

counsel of record, their designated employees, all other counsel 

involved in this case, translators for the defense, any court 

personnel, and all other individuals who receive access to 

classified information or documents in connection with this case. 

3. The procedures set forth in this Order, CIPA and the 

Foreign Intelligence Surveillance Act of 1978, as amended, 50 

U.S.C. §§ 1801, et seq. ("FISA"), shall apply to all pre-trial, 

trial, post-trial, and appellate aspects of this case; and may be 

modified from time to time by further order of the Court acting 

under Federal Rules of Criminal Procedure 16 (d), sections 3 and 9 

of CIPA, FISA, and this Court's inherent supervisory authori ty to 

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ensure a fair and expeditious trial. 

Definitions 

4. As used herein, the terms "classified national security 

information and documents," "classified information," "classified 

documents," and "classified material" refer to: 

A. Any classified document or information that has been 

classified by any Executive Branch agency in the interest of 

national security or pursuant to Executive Order 12958, as amended 

by Executive Order 13292, or its predecessor orders as 

"CONFIDENTIAL," "SECRET," or "TOP SECRET," or additionally 

con trolled as "SENSITIVE COMPARTMENTED INFORMAT ION" (" SC I"), or any 

information contained in such documents; 

B. Any document or information, regardless of its 

physical form or characteristics, now or formerly in the possession 

of a private party, which has been derived from a United States 

Government classified document, information, or material, 

regardless of whether such document, information, or material has 

itself subsequently been classified by the Government pursuant to 

Executive Order 12958 or its predecessor orders as "CONFIDENTIAL," 

"SECRET," "TOP SECRET," or additionally controlled as SCI; 

C. Verbal classified information known to the defense 

counsel; 

D. Any document or information, including verbal 

information, which the defense counsel have been notified orally or 

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in writing contains classified information; 

E. Any information, regardless of place or origin and 

including "foreign government information" as that term is defined 

in Executive Order 12958, that could reasonably be believed to 

contain classified information, or that refers or relates to 

national security or intelligence matters; and 

F. Any information that defense counsel receives as 

discovery in this case including, but not limited to, any 

information obtained from the Central Intelligence Agency, the 

National Security Agency, the Defense Intelligence Agency, the 

Department of State, the National Security Council, the Federal 

Bureau of Investigation, or similar entity, with the exception of 

items seized by the Federal Bureau of Investigation during the 

execution of a duly authorized search warrant under Rule 41 of the 

Federal Rules of Criminal Procedure, shall be presumed to fall 

within the meaning of classified information, unless and until the 

Court Security Officer or an authorized attorney for the Government 

advises otherwise in writing. 

5. The words "documents," "information," and "material" 

shall inc 1ude but are not 1 imi ted to all writ ten or prin ted rna t ter 

of any kind, formal or informal, including originals, conforming 

copies and non-conforming copies (whether different from the 

original by reason of notation made on such copies or otherwise) , 

and further include but are not limited to: 

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A. Papers, correspondence, memoranda, notes, letters, 

reports, summaries, photographs, maps, charts and graphs, 

interoffice and intra-office communications, notations of any sort 

concerning conve rsations, meetings or other communications, 

bulletins, teletypes, telegrams and telefacsimiles, invoices, 

worksheets and drafts, alterations, modifications, changes, and 

amendments of any kind to the foregoing; 

B. Graphic or oral records or representations of any 

kind, including but not limited to photographs, charts, graphs, 

microfiche, microfilm, videotapes, sound recordings of any kind, 

and motion pictures; 

c. Electronic, mechanical or electric records of any 

kind, including but not limited \ to tapes, cassettes, disks, 

recordings, films, typewriter ribbons, word processing or other 

computer tapes or disks, and all manner of electronic data 

processing storage; and 

D. Information acquired orally or verbally. 

6. "Access to classified information" means having access 

to, reviewing, reading, learning or otherwise coming to know in any 

manner any classified information. 

7. "Secure Area" shall mean a physical facili ty accredi ted 

for the storage, handling, and control of classified information. 

8. All classified documents or material and the information 

contained therein shall remain classified unless the documents or 

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material bear a clear indication that they have been declassified 

by the agency or department that is the originating agency 

(here inafter the "Origina t ing Agency") of the documen t, material, 

or information contained therein. 

9. Court Security Officer. In accordance with the 

provisions of CIPA and the Security Procedures, the Court 

designates Jennifer H. Campbell as Court Securi ty Officer for this 

case, and John Arszulowicz, Miguel Ferrer, Christine E. Gunning, 

Daniel o. Hartenstine, Joan B. Kennedy, Michael P. Macisso, Jarett 

Merk, Maura Peterson, Barbara J. Russell, W. Scooter Slade, and 

Angela Strause as Alternate Court Security Officers for the purpose 

of providing security arrangements necessary to protect from 

unauthorized disclosure any classified information to be made 

available in connection wi th this case. Defense counsel shall seek 

guidance from the Court Security Officer with regard to appropriate 

storage, handling, transmi t tal, and use of classified information. 

10. Government Attorneys. The Court has been advised that 

the Government attorneys working on this case (U.S. Department of 

Justice Attorney Jason Kellhofer, Assistant Uni ted States Attorney 

Barbara D. Kocher), other appropriately cleared Government 

attorneys, and their respective supervisors (collectively referred 

to hereinafter as the "Government Attorneys"), have the requisite 

security clearances to have access to the classified information 

that relates to this case. 

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11. Protection of Classified Information. The Court finds 

that, in order to protect the classified information involved in 

this case, only Government Attorneys, appropriately cleared 

Department of Justice employees, personnel of the Originating 

Agency, defense counsel, employees of defense counsel, or 

translators employed by defense counsel, shall have access to the 

classified information in this case. The defendant and defense 

witnesses shall not have access to classified information in this 

case. No defense counsel, employee of defense counselor defense 

translator shall have access to any classified information in this 

case unless that person has first: 

A. Signed the Memorandum of Understanding in the form 

attached hereto, agreeing to comply wi th the terms of this Order. 

His or her signed Memorandum of Understanding shall be filed with 

the Court. The substitution, departure or removal for any reason 

from this case of counsel for the defendant, or anyone associated 

with the defense as an employee or otherwise, shall not release 

that person from the provisions of this Order or the Memorandum of 

Understanding executed in connection with this Order; and 

B. Persons other than Government Attorneys, 

appropriately cleared Department of Justice employees, and 

personnel of the Originating Agency, can obtain access to 

classified information only after having been granted a security 

clearance through, or that is confirmed by, the Court Security 

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Officer, and with permission of the Court, either through this 

Order (for those named in paragraph 12 below) or by a separate 

Court order upon showing of a need-to-know. Before any person 

other than Government At torneys, appropriately cleared Departmen t 

of Justice employees, and personnel of the Originating Agency, is 

permitted by the Court to inspect and review classified 

information, he or she must also sign the Memorandum of 

Understanding. 

12. Defense Counsel. Subj ect to the provisions of paragraph 

11, the following attorney(s) for the defense and their approved 

employee (s) and translator(s) (collectively referred to hereinafter 

as "the Defense"), shall be given access to classified information 

as required by the Government's discovery obligations: Debra 

Graves, Rosemary Godwin, Joseph Zes zotars ki, Myron Hi 11, John 

Keating Wiles, Robert McAfee, Daniel Boyce, and J. Douglas 

McCullough. Any additional person whose assistance the Defense 

reasonably requires may have access to classified information in 

this case only after obtaining from the Court -- with at least 

three weeks prior notice to the Government -- an approval for 

access to the appropriate level of classification on a need-to-know 

basis, and after satisfying the other requirements described in 

this Order for access to classified information. The substitution, 

departure or removal for any reason from this case of defense 

counselor anyone associated with the Defense as an employee, 

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witness or otherwise, shall not release that person from the 

provisions of this Order or the Memorandum of Understanding 

executed in connection with this Order. 

13. Unless they already hold an appropriate security 

clearance and are approved for access to classified information in 

this case, the Defense, all persons whose assistance the Defense 

reasonably requires, and such court personnel as the Court requires 

for its assistance, shall complete and submit to the Court Security 

Officer a Standard Form 86 ("Security Investigation Data for 

Sensitive Position"), attached releases, and "major case" 

fingerprints in order to obtain security clearances necessary for 

access to classified information that may be involved in this case. 

The Court Security Officer shall take all reasonable steps to 

process all security clearance applications. 

14. Secure Area of Review. The Court Security Officer shall 

arrange for an appropriately approved Secure Area for use by the 

Defense. The Court Security Officer shall establish procedures to 

assure that the Secure Area is accessible to the Defense during 

normal business hours and at other times on reasonable request as 

approved by the Court Security Officer. The Secure Area shall 

contain a separate working area for the Defense, and will be 

outfitted with any secure office equipment requested by the Defense 

that is reasonable and necessary to the preparation of the 

defendant's defense in this case. The Court Security Officer, in 

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consultation with defense counsel, shall establish procedures to 

assure that the Secure Area may be maintained and operated in the 

most efficient manner consistent wi th the protection of classified 

information. No documents or other material containing classified 

information may be removed from the Secure Area unless authorized 

by the Court Security Officer. The Court Security Officer shall 

not reveal to the Government the content of any conversations he or 

she may hear among the Defense, nor reveal the nature of documents 

being reviewed by them, nor the work generated by them. In 

addition, the presence of the Court Security Officer shall not 

operate to waive, limit, or otherwise render inapplicable, the 

attorney-client privilege. 

15. If, upon the en try of a separate order of the Court, the 

defendant becomes entitled to review or discuss classified matters, 

or otherwise meet with defense counsel in the Secure Area, this 

will occur only under appropriate supervision to ensure that the 

defendant does not (1) escape, attempt to escape, or cause physical 

injury to himself or others; (2) remove, copy, alter or destroy 

classified information; (3) obtain access to classified information 

the defendant is not entitled to review; or (4) circumvent any 

applicable security restrictions, including any Special 

Administrative Measures imposed by the Bureau of Prisons, other 

prison regulations, and the other orders of this Court governing 

discovery in this case. 

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16. Filings with the Court. Until further order of this 

Court, any motion, memorandum, or other document filed by the any 

party that counsel knows, or has reason to believe, contains 

classified information in whole or in part, or any document the 

proper classification of which counsel is unsure, shall be filed 

under seal wi th the Court through the Court Security Officer as set 

forth below. The date and time of physical submission to the Court 

Security Officer shall be considered as the date and time of court 

filing. 

17. Filing of Papers by Defendant. Any pleading or other 

document filed by the defendant shall be filed under seal with the 

Court through the Court Security Officer or her designee, unless 

defense counsel has obtained from the Court Security Officer 

permi ssion, specific to a particular, non-substantive pleading or 

document (e.g., motions for extensions of time, continuances, 

scheduling matters, etc.) not containing information that is or may 

be classified or under seal, to file the pleading or documents not 

under seal. Pleadings filed under seal with the Court Security 

Officer or her designee shall be marked, "Filed in Camera and Under 

Seal wi th the Court Security Officer or designee." At the time of 

making a physical submission to the Court Security Officer or 

designee, counsel shall file on the public record in the CM/ECF 

system a Notice of Filing of In Camera Submission with Court 

Security Officer that notifies the Court that a filing has been 

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made. The notice should contain only the case caption and an 

unclassified title of the filing. 

The Court Security officer shall immediately deliver, under 

seal, to the Court and counsel for the United States any pleading 

or document to be filed by the defendant that may contain 

classified information. The Court Securi ty Officer shall promptly 

examine the pleading or document and, in consultation with 

representatives of the appropriate agencies, determine whether the 

pleading or document contains classified information. If the Court 

Security Officer determines that the pleading or document contains 

classified information, he or she shall ensure that the portion of 

the document containing classified information, and only that 

portion, is marked wi th the appropriate classification marking and 

remains under seal. All portions of all paper filed by the 

defendants that do not contain classified information will be 

placed in the public record. 

18. Filing of Papers by the United States. Those portions of 

pleadings or documents filed by the United States that contain 

classified information shall be filed under seal with the court 

through the Court Security Officer or her designee. Such pleadings 

and documents shall be marked, "Filed In Camera and Under Seal with 

the Court Security Officer or designee" The date and time of 

physical submission to the Court Securi ty Officer or designee shall 

be considered the date and time of filing. At the time of making 

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a physical submission to the Court Security Officer or designee, 

counsel shall file on the public record in the CM/ECF system a 

Notice of Filing of In Camera Submission with Court Security 

Officer that notifies the Court that a filing has been made. The 

notice should contain only the case caption and an unclassified 

title of the filing. The Court Security Officer shall immediately 

deliver, under seal, to the Court and counsel for the defendant 

(unless such filing is an ex parte filing) any pleading or document 

to be filed by the government that contains classified information. 

19. Access to Classified Information. The Defense shall have 

access to classified information only as follows: 

A. All classified information produced by the 

Government to the Defense, in discovery or otherwise, and all 

classified information possessed, created or maintained by the 

Defense, shall be stored, maintained and used only in the Secure 

Area established by the Court Security Officer; 

B. The Defense shall have free access to the classified 

information made available to them in the Secure Area, and shall be 

allowed to take notes and prepare documents with respect to those 

materials. However, the Defense shall not, except under separate 

Court order, disclose the classified information, either directly, 

indirectly, or in any other manner which would disclose the 

existence of such, to pursue leads or in the defense of the 

defendant; 

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C. The Defense shall not copy or reproduce any 

classified information in any form, except with the approval of the 

Court Securi ty Officer, or in accordance wi th the procedures 

established by the Court Security Officer for the operation of the 

Secure Area; 

D. All documents prepared by the Defense (including, 

without limitation, pleadings or other documents intended for 

filing with the Court) that do or may contain classified 

information, shall be transcribed, recorded, typed, duplicated, 

copied or otherwise prepared only by persons who have received an 

appropriate approval for access to classified information, and in 

the Secure Area on approved word processing equipment, and in 

accordance with the procedures approved by the Court Security 

Officer. All such documents and any associated materials (such as 

notes, drafts, copies, typewriter ribbons, magnetic recordings, 

exhibits, etc.) containing classified information shall be 

maintained in the Secure Area, unless and until the Court Security 

Officer determines that those documents or associated materials are 

unclassified in their entirety. None of these materials shall be 

disclosed to counsel for the Government; 

E. The Defense shall discuss classified information 

only within the Secure Area or in another area authorized by the 

Court Security Officer, and shall not discuss or attempt to discuss 

classified information over any standard commercial telephone 

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instrument or office intercommunication system; and 

F. The Defense shall not disclose, without prior 

approval of the Court, any classified information to any person not 

authorized pursuant to this Order, including the defendant and 

defense witnesses, except the Court, court personnel, and the 

Government Attorneys who have been identified by the Court Security 

Officer as having the appropriate clearances and the need-to-know 

that information. Counsel for the Government shall be given an 

opportuni ty to be heard in response to any request by the Defense 

for disclosure of classified information to a person not named in 

this Order. Any person approved by the Court for disclosure under 

this paragraph shall be required to obtain the appropriate securi ty 

clearance, to sign and submi t to the Court the Memorandum of 

Understanding appended to this Order, and to comply wi th all terms 

and conditions of this Order. If preparation of the Defense 

requires that classified information be disclosed to persons not 

named in this Order, then, upon approval by the Court and upon 

prior notice to the Government, the Court Security Officer shall 

promptly seek to obtain security clearances for them at the request 

of defense counsel. 

20. Foreign Intelligence Surveillance Act (FISA). The 

defendant has rights under the United States Constitution, federal 

statutes, and the Federal Rules of Criminal Procedure to pre-trial 

discovery. The Government recognizes its obligation to provide 

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such discovery materials to defense counsel in the most expeditious 

manner possible, consistent with public safety and the 

confidentiality of sensitive ongoing investigations. Therefore, to 

the extent that FISA-obtained or derived information is provided to 

the defense counsel: 

A. The parties agree that both the Defense and the 

Government shall have access to such FISA information regardless of 

prior minimization efforts undertaken by the Government upon 

initial review of the materials; 

B. The parties agree that any draft transcripts or 

summaries of translated electronic and paper materials that may be 

provided shall not be used in any proceeding for any purpose, 

including cross-examination of any witness, except pursuant to 

further order of this Court; and 

C. The parties agree, notwithstanding any other 

provisions of this Order or any subsequent order, that the 

disclosure and discovery of materials that may be provided to the 

Court, in camera and ex-parte, pursuant to FISA for legal 

determina tions, including but not limi ted to any FI SA appl ica tions, 

orders, or materials, shall be governed by the provisions of FISA. 

21. Procedures for the use or disclosure of classified 

information by the Defense shall be those provided in sections 5 

and 6 of CIPA. No classified information may be used or disclosed 

by the Defense, except: 

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A. To the Court, court personnel, and Government 

Attorneys, their agents and employees identified by the Court 

Security Officer as holding proper approvals for access to 

classified information; 

B. To representatives of the Originating Agency of the 

classified information who have been identified by the Court 

Security Officer as holding proper security clearances and having 

the need-to-know the classified information; 

C. To persons who have been authorized to have access 

to classified information pursuant to this Order or to CIPA; and 

D. In accordance with the procedures of CIPA and the 

procedures established by the Court Security Officer. 

22. To facilitate the Defense's filing of notices required 

under section 5 of CIPA, the Court Security Officer shall make 

arrangements wi th the appropriate 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 any pre-trial proceeding, deposi tion or at trial. Nothing 

submi tted by the Defense to the Court Security Officer pursuant to 

this paragraph shall be made available to counsel for the 

Government unless so ordered by the Court, or so designated by the 

Defense. Any and all i terns that are classified shall be listed in 

the defendant's CIPA section 5 notice. To the extent that any 

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classified information is the basis of any motion filed by the 

Defense, such motion shall be preceded by a CIPA section 5 notice. 

23. Information in the public domain is ordinarily not 

classified. However any confirmation, corroboration, or denial of 

such information that is based on classified information is subject 

to the provisions of CIPA. Therefore, any attempt by the defendant 

or defense counsel to elicit such a confirmation, corroboration, or 

denial at trial, or in connection with any pre-trial or other 

proceeding in this case, shall be governed by CIPA and all 

provisions of this Order. 

24. Violations of this Order. Unauthorized use or disclosure 

of classified information may constitute violations of United 

States criminal laws. In addition, violation of the terms of this 

Order shall be immediately brought to the attention of the Court, 

and may result in a charge of contempt of Court and possible 

referral for criminal prosecution. Any breach of this Order will 

result in the termination of a person's access to classified 

information. Persons subject to this Order are advised that direct 

or indirect unauthorized use, disclosure, retention or negligent 

handling of classified information could cause serious damage, and 

in some cases exceptionally grave damage, to the national security 

of the United States, or may be used to the advantage of a foreign 

nation against the interests of the United States. This Order is 

to ensure that those authorized by the Order to receive classified 

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information will never divulge the classified information disclosed 

to them to anyone who is not authorized to receive it, or otherwise 

use the classified information, without prior written authorization 

from the Originating Agency and in conformity with this Order. 

25. All classified information to which the Defense has 

access in this case is now and will remain the property of the 

Government. The defense counsel, defense counsel employees, 

defense translators, and anyone else who receives classified 

information pursuant to this Order shall return all such classified 

information in their possession obtained through discovery from the 

Government in this case, or for which they are responsible because 

of access to classified information, upon demand of the Court 

Security Officer. The notes, summaries and other documents 

prepared by the Defense that do or may contain classified 

information shall remain at all times in the custody of the Court 

Securi ty Officer for the duration of this case. At the conclusion 

of all proceedings, including any final appeals, all such notes, 

summaries and other documents are to be destroyed by the Court 

Security Officer in the presence of defense counsel. 

26. Any and all summaries and translations of classified 

information that may be provided by the Government to the Defense 

in pre-trial discovery are intended only as an aid to the Defense 

in its trial preparation. These documents shall not be used in any 

proceeding for any purpose, including cross-examination of any 

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witness by defense counsel, unless otherwise agreed to in writing 

by the Government. 

27. Declassified Information. As used herein, the term 

"declassified information" refers to any and all papers; 

correspondence; memoranda; notes; letters; reports; summaries; 

photographs; maps; charts and graphs; interoffice and intra-office 

communications; notations of any sort concerning conversations, 

meetings or other communications; bulletins; teletypes, telegrams 

and telefacsimiles; invoices; graphic or oral records or 

representations of any kind, including but not limited to 

photographs, charts, graphs, microfiche, microfilm, videotapes, 

sound recordings of any kind and motion pictures; electronic, 

mechanical or electric records of any kind, including but not 

limited to tapes, cassettes, disks, recordings, films, typewriter 

ribbons, word processing or other computer tapes or disks; all 

manner of electronic data processing storage; and any drafts, 

summaries, transcripts, alterations, modifications, changes and 

amendments of any kind to the above, which may be declassified and 

provided by the Government to defense counsel as part of discovery 

in this case. 

28. Pursuant to Rule 16(d) of the Federal Rules of Criminal 

Procedure all declassified information shall be governed by the 

following provisions: 

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A. The Defense shall not disclose any declassified 

information to any person other than the defendant, witnesses 

which they may be interviewing or preparing for trial, and 

attorneys, law clerks, secretaries, translators, technical and 

other experts, and investigators, involved in the representation 

of the defendant in this case; 

B. The declassified information is now and will forever 

remain the property of the Uni ted States Government. At the 

conclusion of this case the defense counsel, defense counsel 

employees, defense translators, and anyone e I s e who obtains 

declassified information through discovery from the Government will 

return the declassified information and all copies thereof to the 

Court Security Officer; 

C. The Defense will store the declassified information 

in a secure place and will use reasonable care to ensure that the 

declassified information is not disclosed to third persons, 

including the media, in violation of this agreement; 

D. If the Defense makes any further copies of any of 

the declassified information, the Defense will inscribe on each 

copy the following notation: "U.S. Government Property; May Not 

Be Used Without U.S. Government Permission"; 

E. If the Defense releases custody of any of the 

declassified information, or their copies, summaries or 

transcripts thereof, to any person described in subparagraph (A), 

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the Defense shall provide such recipients with copies of this 

Order, and advise them that such information is the property of the 

United States Government and that any unauthorized use may 

constitute a violation of law or contempt of court; 

F. Nothing herein constitutes a waiver of any right of 

the defendant, nor does anything herein restrict in any way the 

right of the Defense to use the declassified information in 

connection with any pleading or proceeding in this case; and 

G. The above provisions in no way modify or al ter the 

obligation of all counsel to handle classified information in a 

manner consistent with CIPA and such protective orders as may be 

entered by the Court in this case. 

29. 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. 

30. A copy of this Order shall be issued forthwith to counsel 

for the defendant, who shall be responsible for advising the 

defendant and defense counsel employees, of the contents of this 

Order. The defense counsel, defense counsel employees, and defense 

translators to be provided access to classified information shall 

execute the Memorandum of Understanding appended to this Order, and 

defense counsel shall file executed originals with the Court and 

the Court Security Officer and serve executed originals of such 

document upon the Government. The execution and filing of the 

Page 22 of 23 
Memorandum of Understanding is a condition precedent for the 

defense counsel, defense counsel employees, and defense translators 

to have access to classified information in this case. 

SO ORDERED this day Of~ 2010. 

,-.,j. £1 ", U SE W-.-fLAN~---'N~a---r----

Chief United States District Judge 

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