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Exhibit B to Defendants' Second Motion for Summary Judgment Unclassified Version of Plaintiff's Declaration and Supporting

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Exhibit B to Defendants' Second Motion for Summary Judgment Unclassified Version of Plaintiff's Declaration and Supporting Case 1:10-cv-02119-RMC Document 63-4 Filed 04/26/13 Page 1 of 206 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA ) ANTHONY SHAFFER, ) ) Plaintiff, ) ) v. ) Civil Action No. 1:10-cv-02119 (RMC) ) DEFENSE INTELLIGENCE AGENCY, et ) al., ) ) Defendants. ) ) Exhibit B to Defendants’ Second Motion for Summary Judgment Unclassified Version of Plaintiff’s Declaration and Supporting Exhibits Case 1:10-cv-02119-RMC Document 63-4 Filed 04/26/13 Page 2 of 206 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA ANlHONY SHAFFER • • Plaintiff. • • v. • • Civil Action No: 10-2119 (RMC) DEFENSE IN'IELLIGENCE AGENCY .. ct al. • • Defendants. • • • • • • • • • • DECLARATION or ANTHONY SHAJFER I, Anthony Shaffer, pmsuant to 28 U.S.C § l 746t hereby declare as follows: 1. I am a person over eighteen (l~) year.i of age and competent to testify. I make this Decleration on personal knowle.dge and in compliance with the Court's Scheduling Order date.d February 13, 2013, and its Minute Order dated Mmch 13, 2013. 2. I mn mi cxperienocd IUld decorated intellipa officer with 2S yeaJS of field experien~. I was employed by the defendant Defense Imelligenee Agency ("'DIA") from 1995 - 2006. I also retired as a LL Col. in the U.S. Army Reserves in 2011. Based 011 my imt employment history, I mi required by virtue of various secrecy agr=ments that I executed to 1 submit my writings for prepublication review. In 2001,just after 1he 9111 attacks, I returned to 1 This sworn declaration WB.'!, in fact, submitted for prepublication review to defendant Department of Defense ("DoD''). Although the defendants refused to allow me to use a secure governmental computer system in order to draft this decllll'Btion and adequately protect any clessifie.d information thet might be viewed by the government as being within this document (ostensibly for the purposes of securing e litigation advantage and preventing me from providing sufficient detailed information to the Court for iti review in this legal challenge), the Federal Reserve Bank. for which I am advising and assisting, authorized me to use its classified secure system for the purpose of creating and transmitting this docwnent and its ottBchmmts ta the defendants for prepublication review. Thus, any classified information. thai is drtcmtlned by the Case 1:10-cv-02119-RMC Document 63-4 Filed 04/26/13 Page 3 of 206 active duty for a thirty·month period and bad two successful combat tours to Afghanistan during which ti.me I pmticipned. in 1he search for senior Al Qaeda and Taliban leadership. In reoogniti<m ofsuccessful high risk/high gain operations I received a Bro1t2.e Star Medal for perfonnanoe as an Operatiom Offiocr overseeing all of DlA's activities in Afghanistan. It is the namltive for this medal that is actually pan of the legal dispute in this litigation. I have commanded and directed several key operational intelligence organizations over the span of my thirty-plw year career defending this nation. These include Special Mission Task Force STRA11.JS NY, that conducted di.red support to DoD oompertmented activities (OSD. , Anny) which ~ focused on offemive information operations. In addition, I ""'8S in charge of Field Operating Base (FOB) Alpha, a joint DIA unit conducting classified collection and special operations support reaarding terrorists just after the 9111 attacks. During 1he 1980s, I was a counterintelligence officer. I deployed to Gennany to conduct countertezrorism operations in 1985 as part ofREFORGER and worked in New York City as part of Anny~s anti-tetrorism. efforts during OPSAIL 1986-the re-opening of the Statue of Liberty. I also worked to monitor visiting the United States during the 'as well as a reserve tour with Anny Foreign Counterintelligmoe Activity (FCA )-the premiere Anny counterintelligence uniL I tr.msitioned into the Foreign Intelligence (Controlled HUMINT) area of focus with his graduation from ...lhe F um" in 1988, and his work at where I started my carect" as a- I was broU@ht to active duty by the Army for the first Gulf War in 1991 and transitioned into the Army's Military Intelligence Excepted Career Program (MIECP) wbeR, in 1992, he became the chief of Anny's global Controlled HUMINT collection program, and ran specific Special Access Program {SAP) detendants to be within this document or the attachment:i has been properly protected from even inadvertent disclosure. 2 Case 1:10-cv-02119-RMC Document 63-4 Filed 04/26/13 Page 4 of 206 operalions that netted high value infonnation iegarding intent and capabilities ofa major adversary nation. A:s a reservist during this period he was the senior HUMINT advisor to the J21Senior Intelligence Officer of Joint Interagency Task Force Bast (JIATF·E) that conducted counter-drug operations in the Transit Zone. During this tour he was successful in integrating highly 'human intelligence operations to obtain high value intelligence information to support the operational forces. In t 995, I transitioned. to Defense Intelligence Agency (DIA), as part of the consolidation of all Service (Anny, Navy, Air Force, USMC) HUMINT into the Department of Defense. I became a Senior Intelligence Officer (Operatiom) and created Task Force STRArus IVY that conducted the full spectrum of support to Department of Defense, and other non-DoD agencies. This included support to the controversial counterterrorism project known as ABLE DANGER - a pre-9/11 offensive operation suite designed to detect, degrade and counter Al Qaeda'.s global capabilities. In 2001,just after the 9/11 attacks, I was returned to active duty for a 30 month period, during which I commanded a DIA operating base (OB Alpha) and, as previously mentioned, had two successful combat tours to Afghanistan. My last military assignment, before retirement, was to help re-activate the 94Ui Division (one of Patton's divisions that had fought in the Battle offhe Ardennes (Battle of the Bu)ge) at which I served as the GllG6. Public Affairs and Anti-Terrorism Officer from 2009 to my retllem.ent in 2011. I am currurtly a Senior Fellow, Di.rector of Extemal Communications and Special Leeture:r at the Center for Advanced Defense Studies in Washington. D.C. and I also appear regularly as an expert commentator on network and cable television and radio, particularly with respect to military and intelligence matters. 3. I am the author of Qp;eration Dark Heart: Smcraft and Special Qps on the Frontline~ Qf 3 Case 1:10-cv-02119-RMC Document 63-4 Filed 04/26/13 Page 5 of 206 AfP@nif!!m ggd tb& PaUl to ViQtoa (St. Martin's Press. 201 O)("Operation PG He5f'). which is at Ebe heart of this litigBtion. The Court sbouJd be aware :fivm the outset that I am drafting chis 9wom decimation. which is designed to cballen&c the impropriety of the defendant's clmifica:tioD ~at a severe disadvantage. 4. While the defendants will 8S'Selt that I need to be specific 1Vith unclassified pinpoint citations wbelt I address every sentence or evai a aing1e wold that has been held by the govamnent to be classified, it bas miDed to permit me access to an unredacted copy ofmy own book. 'J'he:more. ~ will be many iDSCanc::es whl:re I simpiy cannot be specific because I haw ~ U) ~of 'vtbat. might be~ from, for~ paae \<Jl, linc fom. \ will do my best Ul'Jder the circumstances but clearly this is designed to hamper my ability to present the Comt with as much information u possible to enable an informed decision. $. or coune.. the defendancs did not besicate to gnmt me authorized access on at four ocx:asioas to an unredacted copy of Qpqatiop Park Heart when it served the govenmacnt' s inter5s. Apparanly when the defendants want me to provide it infonnar.ion intemally the government is more than willing to enable me full and umatend ~ but when it comes to providing the Court with the same level of detail 1he playing field bu been changed. ~OlllH ~Baktrftpqtss OfOpmt/111 Dari Hl!al1 6. I was mobilized in support of Operation F.ndwing Freedom as an Army Reserve Officer from December 2001 to June 2004. 1.. I scarted writing jbe DBlt Side of the Force; A Spy's Chronicle of the TIPRJng PoipJ ip Afihani@n", which wu the original title for wbat was later renamed Operation Parle Heart, in or around February 2007. The book offers a direct, detailed. eyewitness accoum of the 2003 ~point" of1he war in Aflhanistan and provides an unemotional examination ofEbe cYCDts Case 1:10-cv-02119-RMC Document 63-4 Filed 04/26/13 Page 6 of 206 and decisions where mistakes were made in strategy. It recommends a detailed, alternate strategy to the current failing Counterinsurgency strategy that could result in victory io Afghanistan. Additionally, the book details protected disclosures that I made to the Executive Director of the 9/11 Commmion on pre-9/ l l intelligence failURS (based on information developc:d. through Operation "'ABLE DANGER; while in Afghanistan in October2003. Some of the events described in the book led to my being awarded the Bronze Star. 8. In or around December 2008, I hired a then current WasJiington Post reporter and author, Jacqui Salmon, kl 5CTVe as my ghost writer. Ms. Salmon actually conducted nwnerow imiependent interviews, relied upon unclusified documents, read books on the topic:, and created the story line and chapter structure based on the personal observations that I provided her. 9. In February 2009, I entered into an agreement with Thom& Dunne Books/St. Martin's Press ("SL Martin's Press" or "publisher'") to publish Operation Derk Heart.
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