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UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA

DJA?\AEL AMEZIANE,

Petitioner,

Civil Actioo No. 05-392 (ESH)
v.

BARACK H. OBAMA et al_

\/\X\,../\./\_/\)\/\/§/\/

Defendants.

l

ER

Upon consideration of the matters discussed during a classified proceeding held
on March 5, 2009, it is hereby

ORDERED that the Court’s Decernber 2, 2008 Order (dcl<t no. 125) is arnended.
The phrase "or any evidence within its actual knowledge” is deleted &orn section 3 of t.`ne

Court’s order. It is further

ORDERED that respondents search the Departrnent of]ustiee, Department of
Defense, databases to identify all statements, in
whatever forrn, whether cumulative or not, made or adopted by the petitioner that the
govemrnent relies on to justify detention, Respondents shall infonn the Court,p in writing,
by March 12, 2009, whether respondents possess any of the following ntaterials with
regard to the "staternents" of petitioner that they have produced:

Audio recordings of statements made by petitioner;

Video recordings of statements made by petitioner;
Tra.nscripts of statements made by petitioner;

Conteznporaneous notes taken during any interrogation of petitioner', or

.*‘.°~'!"T"

REDACTED

5. Records or reports of petitioner’s statements made by persons other than

the persons who prepared the summaries ofpctitioner’s statements already
produced.

And, it is further
ORDERED that respondents shall tile an updated certification attesting to the
fact that an exculpatory evidence search has been conducted and that all exculpatory

evidence has been disclosed As defined by this Court’s December 2, 2008 Order, and as

further explained by the Court on March 5, 2009, exculpatory evidence includes all

reasonably available evidence in the government’s possession that tends to materially

undermine the evidence that the government intends to rely on in its case-in-chicf,
including any evidence or information that undercuts the reliability and/or credibility of
the governrnent’s evidence (z'.e,, such as evidence that casts doubt on a speal<er’s
credibility, evidence that undermines the reliability of a witness’s identification of the
petitioner, or evidence that indicates a statement is urireliable because it is the product of
abuse, torture, or mental or physical incapacity).

A conference call will be held on March 13, 2009, at 2:45 P.M.

SO ORDERED.

/s/
ELLEN SEGAL HUVELLE
United States District Judge

DATE: March 6, 2009

