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UNITED STATES DISTRICT COURTfor the SOUTHERN DISTRICT OF NEW YORK - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -xUNITED STATES OF AMERICA, :- against -
98 Cr. 1023 (LAK)
:Hage, et al., includ.AHMED KHALFAN GHAILANI:Defendant.- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - x
MEMORANDUM OF LAWIN SUPPORT OF MOTION TO PRESERVE CIA BLACK SITES
P
ETER 
E
 NRIQUE
Q
UIJANO
,
 
E
SQ
.
Quijano & Ennis, P.C.381 Park Avenue South, Suite 701 New York, New York 10016Tel: (212) 686-0666Fax: (212) 686-8690
M
ICHAEL
K.
 
B
ACHRACH
,
 
E
SQ
.
276 Fifth Avenue, Suite 501 New York, New York 10001Tel: (212) 929-0592Fax: (866) 328-1630
G
REGORY
E.
 
C
OOPER 
,
 
E
SQ
.
20 Vesey Street, Suite 400 New York, New York 10007Tel: (212) 608-4828
 Attorneys for Ahmed Khalfan Ghailani
Case 1:98-cr-01023-LAK Document 753 Filed 06/30/2009 Page 1 of 14
 
2
UNITED STATES DISTRICT COURTfor the SOUTHERN DISTRICT OF NEW YORK - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -xUNITED STATES OF AMERICA, :- against -
98 Cr. 1023 (LAK)
:Hage, et al., includ.AHMED KHALFAN GHAILANI:Defendant.- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - x
Background
Defendant Ahmed Khalfan Ghailani submits this memorandum of law insupport of his notice of motion, seeking an ORDER preserving CIA Black Siteswhere he was detained.Defendant Ahmed Khalfan Ghailani is charged in a 308-count Indictment,which accuses him, inter alia, of participating in the conspiracy to bomb the UnitedStates Embassies in Kenya and Tanzania. Several of the counts carry the possibility of the death penalty.The defendant was detained by Pakistani police and turned over to theUnited States government in August 2004. He was kept in secret and held andquestioned outside of the United States in a separate program operated by theCentral Intelligence Agency (“CIA”) until President Bush announced his transfer to Guantanamo Bay, Cuba, on September 6, 2006. While detained at these Black 
Case 1:98-cr-01023-LAK Document 753 Filed 06/30/2009 Page 2 of 14
 
3
Sites, it is believed that the defendant was interrogated and made statements after  being subjected to a “harsh regime employing a combination of physical and psychological ill-treatment with an aim of obtaining compliance and extractinginformation” (Exhibit B at 4).This case is subject to the Confidential Information Protective Act
 
(“CIPA”),and as such the defendant’s Legal Team must first obtain the appropriate level of security clearance
before
it is permitted to review any document or object which isconsidered
Classified 
. This would include: any documentary record of when andwhere the defendant had been detained; what treatment and conditions he wassubjected to while detained; and, of course, what statements he made whiledetained and subjected to the myriad forms of treatment and conditions.Until the defendant’s Legal Team is granted access to and have reviewedthese documents and objects, they are in no position to file any motion whichwould address the admissibility of any statements obtained from the defendant.The concern is that by the time the defendant’s team obtain the necessary securityclearances the CIA Black Sites will have been “decommissioned” or destroyed,thereby severely prejudicing the defendant’s right to litigate the voluntariness,reliability, and admissibility of his statements.
Case 1:98-cr-01023-LAK Document 753 Filed 06/30/2009 Page 3 of 14
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