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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

Thomas M. Hollenhorst and William H. Koch, 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 comes before the Court on the United States’ ex parte, in camera 

motion and supporting declaration (hereinafter, the “Submission”), filed October 6, 2006, 

pursuant to Section 4 of the Classified Information Procedures Act (“CIPA”), 18 U.S.C. 

App. 111 § 4, and Rule 16 of the Federal Rules of Criminal Procedure (“Fed. R. Crim. 

P.”) for a protective order authorizing the disclosure of certain unclassified summaries in 

lieu of disclosure of classified materials (the “Classified Documents”) themselves, and to 

withhold disclosure of the classified documents. After ex parte, in camera inspection and 
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consideration of the United States’ Submission, this Court finds, pursuant to Section 4 of 

CIPA and Fed. R. Crim. P. 16(d)(l):

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 Documents 

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 Fed. R. 

Crim. P. 16, 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 Documents described in the 

United States’ Submission.

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

proposed unclassified summaries as substitutes for certain specific classified information 

at issue. The Court finds that the unclassified summaries will provide the defendant with 

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

classified information or Classified Documents.

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

the unclassified summaries substantially in the form proposed in the Submission.
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IT IS FURTHER ORDERED that the United States’ unclassified summaries of 

the specific information at issue are hereby substituted for the classified information and 

Classified Documents.

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

Documents. 

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 in accordance with established security procedures, until further order of this 

Court.

DATED: April 20, 2007 s/ John R. Tunheim _

at Minneapolis, Minnesota. JOHN R. TUNHEIM

United States District Judge