Exhibit D to Defendants Second Motion for Summary Judgment

Transcription

1 Case 1:10-cv RMC Document 63-7 Filed 04/26/13 Page 1 of 44 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA ANTHONY SHAFFER, v. Plaintiff, DEFENSE INTELLIGENCE AGENCY, et al., Defendants. ) ) ) ) ) ) ) ) ) ) ) ) Civil Action No. 1:10-cv (RMC) Exhibit D to Defendants Second Motion for Summary Judgment Unclassified Declaration of Mark Langerman (Department of Defense Office of Security Review) ( Unclassified OSR Decl. )

2 Case 1:10-cv RMC Document 63-7 Filed 04/26/13 Page 2 of 44 IN THE UNITED STATES DISTRICT COURT DISTRICT OF COLUMBIA ) ANTHONY SHAFFER, ) ) Plaintiff, ) ) v. ) Civil Action No. 1:10-cv (RMC) ) DEFENSE INTELLIGENCE AGENCY, et ) ~' ) ) Defendants. ) ~~~~~~~~~~~~~~~~ ) DECLARATION OF MARK LANGERMAN I, Mark Langerman, declare the following to be true and correct: 1. I serve as Chief of the Office of Security Review (OSR) of the Department of Defense (DoD). I have held this position since January This declaration is based on my personal knowledge and information provided to me in my official capacity. 2. On August 3, 2012, Plaintiff Anthony Shaffer submitted to OSR a request for a formal security review of his Operation Dark Heart manuscript. A copy of his request is attached as Exhibit 1. My office coordinated the U.S. Government's updated review of the manuscript, and approximately 234 passages were found to still contain classified information. 3. I attempted to schedule a meeting with Mr. Shaffer by letter dated September 11, 2012, and Mr. Darrell Walker of my office sent a follow-up letter on September 16, Those two letters are attached as Exhibits 2 and 3. The meeting was originally scheduled for September 26, 2012, hut per Mr. Shaffer's request, was eventually held on October 17, Ms. Beth Fitzgibbons of my office was in

3 Case 1:10-cv RMC Document 63-7 Filed 04/26/13 Page 3 of 44 attendance, as well as other DoD personnel involved in the review. Mr. Shaffer was afforded the opportunity to meet with government officials to discuss revisions to his manuscript and agree on unclassified substitute language. He was also afforded the opportunity to present any relevant, publicly available, or open source materials showing that classified infonnation had been officially released to the public or otherwise properly declassified. 4. During this review process, Mr. Shaffer challenged the finding that 18 passages contained classified infonnation because, he claimed, this information had been officially released in his prepared testimony to Congress during the ABLE DANGER hearings in February He further claimed that DoD had cleared his prepared testimony before he testified in those hearings. 5. Mr. Shaffer did submit his prepared ABLE DANGER testimony to OSR for review, but the testimony was never cleared. Our records indicate that Mr. Shaffer's submission was received on or about September 20, However, there is no record indicating that a determination of any kind was issued, nor has Mr. Shaffer been able to produce a DD Form 1790 signed by an authorized Government official in accordance with then-current DoD Directive , Provision of Information to Congress (Jan. 30, 1978). To the contrary, Mr. Shaffer filed a lawsuit against DoD in this Court, alleging that DoD had failed to issue a determination and asking the Court to order DoD to clear the testimony. See Shaffer, et al. v. DIA, et al., 601 F. Supp. 2d 16 (D.D.C. 2009). 6. Mr. Shaffer challenged the classification finding of additional passages, claiming that the information in those pac;sages was obtained from the narrative supporting his Bronze Star Medal (BSM) award. It was determined that five passages 2

4 Case 1:10-cv RMC Document 63-7 Filed 04/26/13 Page 4 of 44 contained information appearing in the one-page BSM narrative, but found no records indicating that the narrative was ever officially released. 7. At the October 17 meeting, Mr. Shaffer was told that he could provide at a later date other open source materials that he contended supported the information in his book. He provided via various general references to those materials on December 10, By letter dated December 19, 2012, I informed Mr. Shaffer that, by providing a list of publications without identifying specific information in those publications, his submission was too general and did not allow the pertinent agencies to conduct a meaningful review of the submitted material. I asked h!m to supplement the submission with pinpoint citations to the relevant page numbers of the material he submitted. I also asked him to provide materials in support of his argument that the BSM narrative had been officially released. A copy of that letter is attached as Exhibit Mr. Shaffer responded by letter dated December 20, His response did not include specific citations to pages in the materials he had previously submitted. A copy of his response is attached as Exhibit OSR's updated review was completed on January 18, 2013, when I notified Mr. Shaffer of the results via letter. The letter informed Mr. Shaffer that the Government had determined that certain information had been properly declassified and that other information remained properly classified. The letter further explained that the Government had considered Mr. Shaffer's arguments concerning open source documents, and determined that he had not shown that the information had been officially released. 3

5 Case 1:10-cv RMC Document 63-7 Filed 04/26/13 Page 5 of 44 A spreadsheet listing all relevant passages was enclosed. Copies of that letter and spreadsheet are attached as Exhibit 6. I declare under penalty of perjury pursuant to 28 U.S.C that the foregoing is true and correct. Executed on: April 26,

6 Case 1:10-cv RMC Document 63-7 Filed 04/26/13 Page 6 of 44 Exhibit 1

7 Case 1:10-cv RMC Document 63-7 Filed 04/26/13 Page 7 of 44 3 August 2012 VIA AND MAIL Department of Defense A TIN: Office of Security Review 1155 Defense Pentagon Washington, D.C Subject: Request for Formal Security Review and Clearance of Manuscript: Operation DARK HEART: Spycraft and Special Ops on the Frontlines of Afghanistan and the path to Victory 1. We are preparing to have a new edition of Operation DARK HEART translated into Turkish and other languages. 2. In its Reply in Support of Motion to Dismiss Plaintiff's First Amended Complaint at 6 fn. 1 (filed June 29, 2012), filed as part of Shaffer v. Defense Intelligence Agency et al., Civil Action No (D.D.C.), the Department of Defense asserted that it did not accept that the submission of my manuscript through my Anny Reserve chain-of-command was proper. Rather, it noted that submission should have been to the Department of Defense Office of Security Review. 3. In light of that position, therefore, and pursuant to DoD Instruction (January 8, 2009), I respectfully request the Department of Defense Office of Security Review formally conduct a classification review of the Operation DARK HEART manuscript. Please note that my submission does not constitute in any way an admission or concession that the Department's view is correct. 4. As the original manuscript was determined to contain classified information when reviewed in August 2010, I am not in a position to supply an unredacted copy. However, your office should still be in possession of an unredacted copy and I trust it is not incumbent upon me to make other arrangements. If that is not the case, I ask that you contact my attorney Mark S. Zaid, Esq., at Mark@MarkZaid.com or (202) to coordinate the necessary arrangements. 5. Please complete your review no later than thirty (30) working days following receipt of this -iccf11c3\. Any dt.\a-;y 'bc.yond th<t\. datt. may TC$u\t 1n \he \mg of a k.ga\ challenge bef\'jy-c, tm. U.S. _ ~~ ~ ti ~i} affer LTC (re :AR 8613 Etta Dr Springfield, VA he District of Columbia. cc: Mark S. Zaid, Esq.

8 Case 1:10-cv RMC Document 63-7 Filed 04/26/13 Page 8 of 44 Exhibit 2

9 Case 1:10-cv RMC Document 63-7 Filed 04/26/13 Page 9 of 44 DEPARTMENT OF DEFENSE OFFICE OF SECURITY REVIEW 1155 DEFENSE PENTAGON WASHINGTON, DC September 11, 2012 Ref: 10-S-2740/1 Lieutenant Colonel Anthony Shaffer, USAR (Ret) 8613 Etta Drive Springfield, VA Re: Request for Prepublication Review of Operation Dark Heart Manuscript Dear Colonel Shaffer: In connection with the referenced submission dated August 3, 2012, the U.S. Government is conducting an updated review of your Operation Dark Heart manuscript. This process requires, as you may be aware, coordination with agencies within and outside the Department of Defense. If the manuscript is found to still contain classified information, someone from our office will contact you by September 1 7 to arrange a meeting. The meeting's purpose will be to discuss the revisions that may be required and any unclassified substitute language that you are prepared to present. You will also have the opportunity at the meeting to present any relevant, publicly available, or open source materials showing that classified information has been officially released to the public or otherwise properly declassified. This will assist with completing the classification review. Once the agencies have given full consideration to those materials, we will issue a final determination, which you may appeal in accordance with DoD Instruction , Security and Policy Review ofdodiriformationfor Public Release (Jan. 8, 2009). If you have any questions, please contact Mr. Darrell Walker at (703) or darrell. walker@whs.mil. Sincerely, cc: Mr. Mark S. Zaid

10 Case 1:10-cv RMC Document 63-7 Filed 04/26/13 Page 10 of 44 Exhibit 3

11 Case 1:10-cv RMC Document 63-7 Filed 04/26/13 Page 11 of 44 DEPARTMENT OF DEFENSE OFFICE OF SECURITY REVIEW 1155 DEFENSE PENTAGON WASHINGTON, DC September 17, 2012 Ref: /1 Lieutenant Colonel Anthony Shaffer, USAR (RET) 8613 Etta Drive Springfield, VA RE: Prepublication Review of Operation Dark Heart Manuscript Dear Colonel Shaffer: Per Mr. Langerman's letter dated September 11, 2012 (copy enclosed), the Office of Security Review has scheduled a meeting for 10:00 AM, Wednesday, September 26, The meeting will be held in our office at the Pentagon, Room 2A534. You should plan to arrive at the visitors' center by the Metro entrance 15 minutes before the meeting. Someone will meet you there and escort you to our office. Please contact me with any questions you may have My phone number is ~~~ Darrell W. Walker Assistant Chief Enclosure: As stated cc: Mark M. Langerman Mr. Mark S. Zaid, Esq.

12 Case 1:10-cv RMC Document 63-7 Filed 04/26/13 Page 12 of 44 DEPARTMENT OF DEFENSE OFFICE OF SECURITY REVIEW 1155 DEFENSE PENTAGON WASHINGTON, DC September 11, 2012 Ref: 10-S-2740/1 Lieutenant Colonel Anthony Shaffer, USAR (Ret) 8613 Etta Drive Springfield, VA Re: Request for Prepublication Review of Operation Dark Heart Manuscript Dear Colonel Shaffer: In connection with the referenced submission dated August 3, 2012, the U.S. Government is conducting an updated review of your Operation Dark Heart manuscript. This process requires, as you may be aware, coordinatio11 with agencies within and outside the Department of Defense. If the manuscript is found to still contain classified information, someone from our office will contact you by September 17 to arrange a meeting. The meeting's purpose will be to discuss the revisions that may be required and any unclassified substitute language that you are prepared to present. You will also have the opportunity at the meeting to present any relevant, publicly available, or open source materials showing that classified information has been officially released to the public or otherwise properly declassified. This will assist with completing the classification review. Once the agencies have given full consideration to those materials, we will issue a final determination, which you may appeal in accordance with DoD Instruction , Security and Policy Review of DoD Information f or Public Release (Jan. 8, 2009). If you have any questions, please contact Mr. Darrell Walker at (703) or darrell. walker@whs.mil. Sincerely, cc: Mr. Mark S. Zaid ~)l. p, ~ M~M. Lan.. ;J 1 Chief c_/

13 Case 1:10-cv RMC Document 63-7 Filed 04/26/13 Page 13 of 44 Exhibit 4

14 Case 1:10-cv RMC Document 63-7 Filed 04/26/13 Page 14 of 44 DEPART~ENT OF DEFENSE OFFICE Of SECURITY REVIEW 1155 DEFENSE PENTAGON WASHINGTON, DC Lieutenant Colonel Anthony Shafter, USAR (Ret~ 8613 Etta Drive Springfield, VA Re: Request for Prepublication Review of Operation Dark Heart Manuscript Dear Colonel Shaffer: I December 19, 2012 Ref: 10-S-2710/1 In connection with the reforenced review,1on December 10, 2012, you submitted references to open source materials to show that ertain information has been officially released I to the public or otherwise properly declassified. ~Y providing a list of publications without identifying specific information in those publicattons, your submission is too general and does not allow the pertinent agencies to conduct a mealningfuj review of the submitted material. We therefore ask that you supplement the submission: with pinpoint citations, including specific reference to the relevant page numbers. Additiorlally, we ask that you provide any materials showing that your Bronze Star Medal narrative h~s been officially released. Please complete these supplemental subrr\issions by January 4. The agencies will give prompt consideration to those materials, and we yvill issue a final determination shortly thereafter. We remain committed to this collaborati~e effort of producing an unclassified version of your manuscript. If you need additional time or have any questions, contact Mr. Darrell Walker at (703) or darrell.walker@whs.mil. I ~incerely, cc: Mr. Mark S. Zaid

15 Case 1:10-cv RMC Document 63-7 Filed 04/26/13 Page 15 of 44 Exhibit 5

16 Case 1:10-cv RMC Document 63-7 Filed 04/26/13 Page 16 of December 2012 Mr. Mark M. Langerman I am in receipt of your letter dated 19 December 2012 regarding the ongoing re-review of my book Operation DARK HEART. You wrote: In connection with the referenced review, on December 10, 2012, you submitted references to open source materials to show that certain information has been officially released to the public or otherwise properly declassified. By providing a list of publications without identifying specific information in those publications, your submission is too general and does not allow the pertinent agencies to conduct a meaningful review of the submitted material. We therefore ask that you supplement the submission with pinpoint citations, including specific reference to the relevant page numbers. While I want to completely cooperate with your office in facilitating the review process, candidly I am surprised by your response. During my last face-to-face session with your team at Bolling AFB (DIA Hqs) on 17 October 2012 we discussed at length the text in question that corresponded with publicly released information. The members of your team who participated in that meeting took detailed notes regarding these discussions and I identified for them the specific text in question and what the public source information was that I relied upon for my book. I was understandably requested to forward to your team the references or documents to which I referred and identified as supportive of the redacted "classified" text. As I promised I would, I did so on 10 December I obviously did not retain any detailed notes from the meeting other than to note the open source reference or document that would be matched to the area or item in Operation DARK HEART that the Government continues to claim are "classified". It was my understanding that the material I provided would be matched to the specific areas of my book that remain in contention based on the discussions we had at the meeting. Given that the Government continues to assert the redacted portions of Operation DARK HEART is "classified" I am not permitted to retain a copy of the unredacted book. Since I do not have access I obviously cannot pinpoint any specific text to the public source information as I cannot understandably recall what lies underneath each particular redaction. But, again, it was my understanding from the meeting that your team would do that based on the conversation we engaged in and the detailed notes they took. You also requested that I "provide any materials showing that your Bronze Star Medal narrative has been officially released." This narrative was a personal document given to me as part of my award of the Bronze Star Medal (BSM). More importantly, a copy was provided to both the United States Senate and House of Representatives as part of the ABLE DANGER congressional hearings held in 2005 and The testimony and information I supplied, which included my

17 Case 1:10-cv RMC Document 63-7 Filed 04/26/13 Page 17 of 44 Bronze Star Medal narrative, was provided in advance to Darryl Walker and his team as part of my preparations for the hearings that I participated in on 14 and 15 February 2006 in front of two committees (the House Government Reform and House Armed Services) to provide testimony. Respectfully, it is unclear what more you need from me on this matter beyond that. I have very much appreciated the level of cooperation I have received during this second review process of my book. Frankly, it was far more productive than the one we held in 2010 and I am happy to work with your team to resolve any remaining concerns the Government still holds. But unless I come back in to review the "classified" version of my book to yet again go over the text, which I would hope would not need to be repeated, I believe the proverbial ball is in your court now. I look forward to your response and suggested course of action. cc: Mark S. Zaid, Esq.

18 Case 1:10-cv RMC Document 63-7 Filed 04/26/13 Page 18 of 44 Exhibit 6

19 Case 1:10-cv RMC Document 63-7 Filed 04/26/13 Page 19 of 44 DEPARTMENT OF DEFENSE OFFICE OF SECURITY REVIEW 1155 DEFENSE PENTAGON WASHINGTON, DC Lieutenant Colonel Anthony Shaffer, USAR (Ret) 8613 Etta Drive Springfield, VA Re: Request for Prepublication Review of Operation Dark Heart Manuscript Dear Colonel Shaffer: January 18, 2013 Ref: 10-S-2710/1 On August 3, 2012, you submitted a request for a formal security review of your Operation Dark Heart manuscript pursuant to Department of Defense (DoD) Instruction , Security and Policy Review of DoD Information for Public Release (Jan. 8, 2009). The request stated that you intend to have new editions of the book published in Turkish and other languages. The U.S. Government has completed its security review of the manuscript, including the 433 passages that were redacted from the Thomas Dunne Books/St. Martin's Press edition of September The Government determined that information contained in 198 of the redacted passages has been properly declassified in accordance with Executive Order The other redacted passages, however, were found to contain classified information. On October 17, 2012, you met with DoD personnel with the common goal of producing an unclassified version of the book. You received temporary clearance to access the unredacted manuscript and discuss each passage at issue, line by line. The discussion included consideration of unclassified substitute language that our personnel suggested for various passages, and open source materials that you presented to show that certain classified information had been officially released to the public or otherwise properly declassified. As a result, we were able to reach resolution on a large majority of the passages. You accepted the classification status of 212 passages, agreeing to replace 73 of them with our suggested substitute language and delete altogether the other 139. Only 23 passages remained unresolved after the meeting, as you asked for time to gather and submit additional open source materials showing the official release of the two specific pieces of information relevant to these passages. You mentioned that the first piece of information, contained in 18 passages, was released during congressional hearings; the second piece of information, contained in five passages, was obtained from the narrative supporting your Bronze Star Medal (BSM) award in You added, though, that you would agree to delete the passages if upon review of the materials, we ultimately found the information to remain classified.

20 Case 1:10-cv RMC Document 63-7 Filed 04/26/13 Page 20 of 44 On December 10, 2012, you submitted the source materials, which included Internet links, titles of certain publications, and copies of several personnel documents in your possession. Because the submission failed to identify the specific relevant information in the publications, I wrote to you on December 19 and asked you to supplement the submission by January 4 with pinpoint citations to the relevant page numbers. I also asked you to provide any other materials showing that your BSM narrative has been officially released. You responded on December 20, 2012, asserting that you were unable to provide pinpoint citations to the source materials because you did not have access to the unredacted manuscript. It was your understanding that our personnel would be responsible for matching your source materials to the passages still in contention. With respect to the BSM narrative, you asserted that it was a personal document given to you as part of your award and that you had personally supplied copies to Congress in connection with the ABLE DANGER hearings. You further asserted that prior to testifying in those hearings, you had provided to my office your prepared testimony and the narrative for clearance. Concluding that nothing more was needed ("Respectfully, it is unclear what more you need from me on this matter beyond that," you stated), you chose not to supplement your December 10 submission. In any event, none of the source materials show a relevant official release of any kind. The Internet links do not lead to congressional testimony by Government officials, and the information at issue does not appear in any of the personnel documents. Moreover, while you did submit your prepared testimony for review prior to testifying in the ABLE DANGER hearings, the testimony was never cleared for public release and neither was the BSM narrative. The Government's determination must therefore stand, and the 23 passages must be deleted prior to publication. Accordingly, Operation Dark Heart is CLEARED AS AMENDED for public release. This determination is based on the text of the September 2010 edition of the book. The enclosed spreadsheet-which lists the 433 redacted passages, identified by the page and line numbers where they appear in that edition-provides the agreed upon amendments for each classified passage (i.e., deletion or the specific substitute language) and the unredacted text for each passage that has been declassified. The publication also must include the following disclaimer: "The views expressed are those of the author and do not reflect the official policy or position of the Department of Defense of the U.S. Government." All amendments are binding. To avoid public disclosure of classified information, we remind you that all paper and electronic copies of classified documents that might be in your possession, such as the unredacted manuscript, the Bronze Star Medal narrative, and your deployment orders to Afghanistan, must be destroyed.

21 Case 1:10-cv RMC Document 63-7 Filed 04/26/13 Page 21 of 44 If you have any questions, please contact Mr. Darrell Walker at (703) or darrell. Sincerely, Enclosure: As stated ~&r---1 Ml)rk~Bl).geiman Clllef I ~ cc: Mr. Mark S. Zaid

22 Case 1:10-cv RMC Document 63-7 Filed 04/26/13 Page 22 of 44 UNCLASSIF IED ITEM (U) PAGE (U) LINE (U) STATUS (U) xvi 1 1 xvi 15 2 xvii 9 3 Shaffer accepts that the redacted information is classifled and agrees to delete it from the text. xvii Shaffer accepts that the redacted information is classified and agrees to delete It from the text. s xvii Shaffer accepts that the redacted information Is classified and agrees to delete it from the text Shaffer accepts that the redacted information is classified and agrees to delete It from the text. The material(s) plaintiff has provided failed to demonstrate that the redacted Information has been officially disclosed "Bagram Air Base" - no longer classified Shaffer accepts that the redacted information is classified and agrees to use "war fighter" in place of the redacted classified information. Shaffer accepts that the redacted information is classified and agrees to use "war fighter" in place of the redacted classified Information "Hekmatvar" - no longer classified Shaffer accepts that the redacted information is classified and agrees to use "war fighter" in place of the redacted classified Information Shaffer accepts that the redacted information is classified and agrees to remove "Afghan" in this sentence Shaffer accepts that the redacted information is classified and agrees to use "war fighter" in place of the redacted classified Information Shaffer accepts that the redacted Information is classified and agrees to "1099" in place of the redacted classified information throughout the book Shaffer acceots that the redacted Information Is classified and a11rees to delete it from the text Shaffer accepts that the redacted information Is classified and agrees t o use "air force controlled unit - the Air Force Special Activities Center (AFSAC)" in place of the redacted classified Information Shaffer accepts that the redacted information ls classified and agrees to use "in a rural area of VA" in place of the redacted classified information "six months" - no longer classified

23 Case 1:10-cv RMC Document 63-7 Filed 04/26/13 Page 23 of 44 ITEM (U) PAGE (U) LINE (U) STATUS(U) Shaffer accept s that the redacted information is classified and agrees to remove "air force's controlled unit, based at Fort Belvoir in Virginia," in place of the redacted classified information Shaffer accepts that the redacted information Is classified and agrees to delete it from the text Shaffer accepts that the redacted information is classified and agrees to delete it from t he t ext Shaffer accepts that the redacted information is classified and agrees t o delete it from the text Shaffer accepts that the redacted information is classified and agrees t o delete it from t he text Shaffer accepts that the redacted information is classified and agrees to delet e it from the text Shaffer accepts that t he redacted information is classified and agrees to use "I began overseeing the army's controlled human intelligence program (HUMINT)." in place of the redacted classified information. Shaffer accepts t hat the redacted information is classified and agrees to use "My job as head of the army's controlled HUM INT program ended" in place of the redacted classified information. Shaffer accepts t hat the redacted information is classified and agrees to use "At DIA, in 1999 and 2000, I was director of Task Force Stratus Ivy." in place of the redacted classified information Shaffer accepts that the redact ed information is classified and agrees to use "Operat ing Base Alpha conducted antiterrorism operations" in place of t he redacted classified informat ion. Shaffer accepts that the redacted information is classified and agrees to use "I was feeding information about possible weapons of mass destruction (WMD) locations to war fighters." in place of t he redacted classified information.

24 Case 1:10-cv RMC Document 63-7 Filed 04/26/13 Page 24 of 44 ITEM (U) PAGE (U) LINE (U) STATUS (U) The material(s) plaintiff has provided failed to demonstrate that the redacted information has been officially disclosed The material(s) plaint iff has provided failed to demonstrate that the redacted information has been officially disclosed Shaffer accept s that the redacted information is classified and agrees to delete it from the text. The material(s) plaintiff has provided failed to demonstrate that the redacted Information has been officially disclosed and Shaffer claimed a source that remains classified Shaffer claimed a source that remains classified.

25 Case 1:10-cv RMC Document 63-7 Filed 04/26/13 Page 25 of 44 ITEM (U) PAGE (U) LINE (U) STATUS (U) Shaffer claimed a source that remains classified Shaffer claimed a source that remains classified Shaffer claimed a source t hat remains classified. 49 so Sl S2 S3 S4 SS S6 S7 S S Shaffer accepts that the redacted information is classified and agrees to use "targeting a terrorist group." in place of the redacted classified information. Shaffer accepts that the redacted information is classified and agrees to delete It from the text. The material(s) plaintiff has provided fa iled to demonstrate that the redacted Information has been officially disclosed. Shaffer accepts that the redacted information ls classified and agrees to delete it from the text. Shaffer accepts that t he redacted Information is classif ied and agrees to delete it from the text. Shaffer accepts that t he redacted information is classified and agrees to delete it from the text.

26 Case 1:10-cv RMC Document 63-7 Filed 04/26/13 Page 26 of 44 ITEM (U) PAGE (U) LINE (U) STATUS (U) Shaffer accepts that the redacted information is classified and agrees to use "in an old building with interesting architect ure" in place of t he redacted classified information. Shaffer accepts t hat the redacted information is classified and agrees to use "that used to be known as a gathering place" in place of the redacted classified information. Shaffer accepts that the redacted information is classified and agrees to use "CIA Station" in place of the redacted classified information. The material(s) plaintiff has provided failed to demonstrate that the redacted information has been officially disclosed. The material(s) plaintiff has provided failed to demonstrate that the redacted information has been officially disclosed "chief of base" - no longer classified Shaffer accepts that the redacted information is classified and agrees to use "Operating Base Alpha," I told him. "It was co- located with a special station." in place of the redacted classified information "Talibar... for three letter agencies" - no longer classified Shaffer accepts that the redacted information Is classified and agrees to use "CIA Station" in place of the redacted classified information

27 Case 1:10-cv RMC Document 63-7 Filed 04/26/13 Page 27 of 44 ITEM (U) PAGE (U) LINE (U) STATUS (U) Shaffer accepts that the redacted information is classified and agrees to delete it from t he text. SS S S S S Shaffer accepts that the redacted information is classified and agrees to use "Clarendon (DIA Operat ions Support Center)" in place of the redacted classified information. S S Shaffer accepts that the redacted information is classified and agrees to use " Ray was the Kandahar case officer" in place of the redacted classified information. Shaffer accepts that the redacted information is classified and agrees t o use "The Safe House was our Kabul detachment headquarters for our officers." in place of the redacted classified information. Shaffer accepts that the redacted information is classified and agrees to use "identified" in place of the redacted classified information Shaffer accepts that the redacted information is classified and agrees to use "(Safe House). We're going to walk through it 84 and figure out how we can fulfill some of the intelligence requirements you need." in place of the redacted classified information.

28 Case 1:10-cv RMC Document 63-7 Filed 04/26/13 Page 28 of 44 ITEM (U) PAGE(U) LINE (U) STATUS (U) Shaffer accepts that the redacted information is classified and agrees to use "They'd never had this level of access to human 85 intelligence before or this degree of iteration. I also sent a copy of the Concept of Operations directly to one of our officers". in olace of the redacted classified informat ion Shaffer accepts t hat the redacted information is classified and agrees to delete it from the t ext Shaffer accepts that the redacted information Is classified and agrees to delete it from the text Shaffer accepts that the redacted information Is classified and agrees to delete it from the text "Kabul" - no longer classified Shaffer accepts that the redacted informat ion Is classified and agrees to delete it from the text Shaffer accepts that the redacted information Is classified and agrees to delete it from the t ext " Dawn was an awkward time of day when night-vision goggles were not effective, and it was hard to distinguish anything more than gray and purple shapes." - no longer classified "Gardez" - no longer classified "claiming t o be a U.S. citizen, holding a Virginia driver's license" - no longer classified "Gardez... Gardez" - no longer classified "Gardez" - no longer classified

29 Case 1:10-cv RMC Document 63-7 Filed 04/26/13 Page 29 of 44 ITEM (U) PAGE (U) LINE (U) STATUS (U) "U.S. Citizen" - no longer classified "U.S. Cit izen" - no longer classified Shaffer accepts that the redacted information is classified and agrees to use "John Doe" in place of the redacted classified information "Virginia" - no longer classified "Northern Virginia" - no longer classified "driver's license... Springfield" - no longer classified "Springfield" - no longer classified "driver's license" - no longer classified "VA OMV" - no longer classified "Virginia driver's licenses" - no longer classified "Gardez" - no longer classified "$65,000 to Gardez" - no longer classified "was Iran" - no longer classified "United States of America" - no longer classified "U.S. Citizen" - no longer classified "Springfield" - no longer classified "Gardez" - no longer classified "Gardez" - no longer classified "Gardez" - no longer classified

30 Case 1:10-cv RMC Document 63-7 Filed 04/26/13 Page 30 of 44 ITEM (U) PAGE (U) LINE (U) STATUS (U} "Gardez" - no longer classified "Gardez" - no longer classified "Special Forces" - no longer classified "Wife, sons, daughters, including one who was pregnant. They had not been detained." - no longer classified "Gardez" - no longer classified "United States" - no longer classified "$65,000" - no longer classified "$65,000" - no longer classified "to the United States" - no longer classified "Special Forces" - no longer classified "Gardez" - no longer classified "Gardez" - no longer classified "an American cit izen" - no longer classified "A" - no longer classified "$65K" - no longer classified & 1-3 "We wanted to set up a baseline of them and get his answers. Those answers could serve as a foundation for further questioning to see how and where he changed his answers. Any changes would indicate he was not being truthful or that his story was falling apart. Then we could zero in on specifics, following the rabbit trails until we found a real one." - no longer classified "Springfield, Virginia" - no longer classified "Springfield" - no longer classified "Gardez" - no longer classified

31 Case 1:10-cv RMC Document 63-7 Filed 04/26/13 Page 31 of 44 ITEM (U) PAGE (U) LINE (U) STATUS (U) "American" - no longer classified "$65,000" - no longer classified "$65,000" - no longer classified "American. I love America." - no longer classified "from Afghanistan t o Tehran in 1979" - no longer classified "than his Brother by 7 years" - no longer classified "United States" - no longer classified ''Tehran to America" - no longer classified "Iran" - no longer classified "Springfield" - no longer classified "Wife and two children" - no longer classified "Virginia" - no longer classified "Virginia" - no longer classified "Springfield" - no longer classified "America" - no longer classified "I love America... America" - no longer classified "United States" - no longer classified "Springfield" - no longer classified "United States" - no longer classified "America" - no longer classified

32 Case 1:10-cv RMC Document 63-7 Filed 04/26/13 Page 32 of 44 ITEM (U) PAGE (U) LINE (U) STATUS (U) "Immigration and residency" - no longer classified "A" - no longer classified "Springfield" - no longer classified "Springfield" - no longer classified "America" - no longer classified "Springfield" - no longer classified "Gardez" - no longer classified "$65,000" - no longer classified "America. I love my life there." - no longer classified "America" - no longer classified "His younger brother. Their parents" - no longer classified "Younger brother" - no longer classified "America" - no longer classified "United States" - no longer classified "$65K" - no longer classified "Springfield" - no longer classified "Springfield" - no longer classified "money" - no longer classified "Springfield" - no longer classified "Springfield" - no longer classified

33 Case 1:10-cv RMC Document 63-7 Filed 04/26/13 Page 33 of 44 ITEM (U) PAGE (U) LINE (U) STATUS (U) "Case officers" - no longer classified "United States" - no longer classified " U.S. Cit izen" - no longer classified "Springfield" - no longer classified "SF" - no longer classified "U.S." - no longer classified "Gardez" - no longer classified "United States" - no longer classified "Springfield" - no longer classified "Springfield" - no longer classified "U.S. Citizen" - no longer classified "United States" - no longer classified Shaffer accepts that the redacted information Is classified and agrees to delet e it from the text. Shaffer accepts that the redacted information is classified and agrees to delet e it from the text. Shaffer accepts that t he redacted information is classified and agrees to delete it from the text. "United St at es" - no longer classified "HIG" - no longer classified Shaffer accepts that the redacted information is classified and agrees to delete it from the t ext. "American" - no longer classified

34 Case 1:10-cv RMC Document 63-7 Filed 04/26/13 Page 34 of 44 ITEM (U) PAGE(U) LINE (U) STATUS (U) "To the FBI headquarters in D.C." - no longer classified "An intelligence officer" - no longer classified "Springfield" - no longer classified "money" - no longer classified "Springfield" - no longer classified "United States" - no longer classified " I love America" - no longer classified "United States" - no longer classified "I love America" - no longer classified "America... citizen" - no longer classified "American" - no longer classified "money" - no longer classified "United States" - no longer classified "American" - no longer classified "United States" - no longer classified "Springfield" - no longer classified "Tehran" - no longer classified

35 Case 1:10-cv RMC Document 63-7 Filed 04/26/13 Page 35 of 44 ITEM (U) PAGE (U) LINE (U) STATUS (U) "Brother... Tehran" - no longer classified Shaffer accepts t hat the first instance in this sentence of redacted information is classified and agrees to delete it from the text. The second instance has been declassified and the text mav read "America" "Brother" - no longer classified "America. i have never been asked to do anything. All i want to do is be with my family." - no longer classified "Brot her or America" - no longer classified "Iranian border" - no longer classified "Oath as a cit izen of the United States" - no longer classified "Gardez" - no longer classified "United States" - no longer classified "Gardez" - no longer classified "America" - no longer classified "American" - no longer classified "Brother the money" - no longer classified Shaffer accepts that t he redacted information is classified and agrees to delete it from the text. "The Soviets were here" - no longer classified "Brot her in Tehran" - no longer classified "States" - no longer classified Shaffer accepts that the redact ed information Is classified and agrees to delete it from t he text. "Soviets" - no longer classified

36 Case 1:10-cv RMC Document 63-7 Filed 04/26/13 Page 36 of 44 UNCLASSI FIED ITEM (U) PAGE (U) LINE (U) STATUS(U) "Brother's" - no longer classified "little bro' to the United States" - no longer classified "the money across the border?" - no longer classified ''American" - no longer classified "money" - no longer classified "$65,000" - no longer classified "American" - no longer cla ssified "United States" - no longer classified "In the United St ates" - no longer classi fied "Iranians" - no longer classified "$65,000" - no longer classified "America and your brother" - no longer classified "Brother" - no longer classified Shaffer accepts that the redacted Information is classified and agrees to delete it from the text. "U.S. soldiers in Gardez" - no longer classified Shaffer accepts that the redacted information is classified and agrees to delete it from t he text. "money" - no longer classified "$65,000" - no longer classified "female" - no longer classified "s" - no longer classified

37 Case 1:10-cv RMC Document 63-7 Filed 04/26/13 Page 37 of 44 ITEM (U) PAGE (U) LINE (U) STATUS (U) "Gardez" - no longer classified "Tehran" - no longer classified "Intelligence agents" - no longer classified "In the United States" - no longer classified "Life in America" - no longer classified "If you want me to spy for you, I will do it." - no longer classified "In the United States" - no longer classified "Domestic law enforcement issue" - no longer classified "Taliban in Pakistan" - no longer classified "Springfield" - no longer classified "United States" - no longer classified "$65,000" - no longer classified "Americans" - no longer classified "American" - no longer classified "$65,000" - no longer classified "Her in Gardez and its environs" - no longer classified "$65,000" - no longer classified "Gardez" - no longer classified "FBI t o catch up with him in Springfield and see how he could be useful to the country he cared so much about - and had chosen over his brother and his familv." - no lonf!er classified "Gardez" - no longer classified

38 Case 1:10-cv RMC Document 63-7 Filed 04/26/13 Page 38 of 44 ITEM (U) PAGE (U) LINE (U) STATUS (U) Shaffer accepts that the redacted information Is classified and agrees to delete it from the text "We got this phone from the CJSOTF (pronounced cee-jay-so-tif) guys after they killed a low-level HVT, she said, but we're havine: a hard time e:ettine: into it." - no Ionizer classified Shaffer accepts that the redacted information is classified and agrees to delete it from t he text and Shaffer accepts that the redacted information Is classified and agrees to delete it from the text. Shaffer accepts that the redacted information Is classified and agrees to delete it from the text. Shaffer accepts that the redacted information Is classified and agrees to delete it from the text. Shaffer accepts that the redacted information Is classified and agrees to delete it from the text Shaffer accepts that the redacted information is classified and agrees to use "CIA Station" in place of the redacted classified information Shaffer accepts that the redacted information is classified and agrees to use "CIA Station" in place of the redacted classified information Shaffer accepts that the redacted information is classified and agrees to use "CIA Station" in place of the redacted classified information "Gardez" - no longer classified Shaffer accepts that the redacted information is classified and agrees to use "She probably knew who I was; I had been attached to a foreie:n Force In Julv 2001" In olace of the redacted classified information UNCIASSIFIED

39 Case 1:10-cv RMC Document 63-7 Filed 04/26/13 Page 39 of 44 ITEM (U) PAGE (U) LINE (U) STATUS (U) "Quetta" - no longer classified "Peshawar" - no longer classified Shaffer accepts that the redacted information is classified and agrees to delete it from t he text Shaffer accepts that the redact ed information is classified and agrees to use "Joint Task Force" in place of the redacted classified information Shaffer accepts that the redacted information is classified and agrees to delete it from the t ext. Shaffer accepts that the redacted information is classified and agrees to delete it from the t ext Shaffer accepts that the redact ed information is classified and agrees to use "CIA Station" in place of the redact ed classified information Shaffer accepts that t he redacted information is classified and agrees to use "CIA Stat ion" in place of the redacted classified information Shaffer accepts t hat the redacted information is classified and agrees to use "Joint Task Force" in place of the redacted classified informat ion. Shaffer accepts that t he redacted information is classified and agrees t o delete it from the text Shaffer accepts that the redacted information is classified and agrees to use "Joint Task Force" in place of the redacted classified information "It involved turning prisoners and making them double agents -convincing them to go back and spy on the bad guys." - no longer classified Shaffer accepts that the redacted information is classified and agrees to use "Joint Task Force" in place of the redacted classified information "Task Force 180" - no longer classified

40 Case 1:10-cv RMC Document 63-7 Filed 04/26/13 Page 40 of 44 ITEM (U) PAGE (U) LINE (U) STATUS(U) Shaffer accepts that the redacted information is classified and agrees to use "We would use multiple intelligence disciplines to tackle this operation." in place of the redacted classified information Shaffer accepts that the redacted information is classified and agrees to use "CIA Station" in place of the redacted classified information. Shaffer accepts that the redacted information is classified and agrees to delete it from t he text Shaffer accepts that the redacted informat ion is classified and agrees to use "Compared to Bagram, the DIA Safe House was a cushier existence. They had their own cook and French cable TV with all its attendant pleasures - including X-rated stuff. Invites to their parties, which included poker games and doing shots, were hot ly sought after. Later, after I accompanied the war fighter on the air assault, the guys held an "awards ceremony" for me and presented me with a flag for "being the coolest officer in a hot LZ." Of course they couldn't fly the flag outside since it was a house, so one of the case officers flew it over his bed with his dirty laundry." in place of the redacted classified information Shaffer accepts that the redacted information is classified and agrees to use "At the Safe House, we sat down in the "ops room," that was the operations nerve center of the entire house's work. We started figuring out how to do ops in Wana in order to do enhanced collection" Shaffer accepts that the redacted information is classified and agrees to use "Joint Task Force" in place of the redacted classified information. Shaffer accepts that the redacted informat ion is classified and agrees to delete it from the text "CIA's" - no longer classified Shaffer accepts t hat the redacted information is classified and agrees to delete it from the text. ""Randy knew I conducted a similar mission when I ran Task Force Stratus Ivy'"' - no longer classified Shaffer accepts that the redacted information is classified and agrees to use "Joint Task Force" in place of the redacted classified information