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Emily Chiang, WSBA No. 50517 Echiang@Aclu-Wa.Org AMERICAN Case 2:15-cv-00286-JLQ ECF No. 228 filed 08/01/17 PageID.9001 Page 1 of 19 1 Emily Chiang, WSBA No. 50517 2 [email protected] AMERICAN CIVIL LIBERTIES UNION 3 OF WASHINGTON FOUNDATION 4 901 Fifth Avenue, Suite 630 Seattle, WA 98164 5 Phone: 206-624-2184 6 Dror Ladin (admitted pro hac vice) 7 Steven M. Watt (admitted pro hac vice) 8 Hina Shamsi (admitted pro hac vice) AMERICAN CIVIL LIBERTIES UNION FOUNDATION 9 10 Lawrence S. Lustberg (admitted pro hac vice) Kate E. Janukowicz (admitted pro hac vice) 11 Daniel J. McGrady (admitted pro hac vice) 12 Avram D. Frey (admitted pro hac vice) GIBBONS P.C. 13 14 Attorneys for Plaintiffs 15 UNITED STATES DISTRICT COURT 16 FOR THE EASTERN DISTRICT OF WASHINGTON 17 SULEIMAN ABDULLAH SALIM, 2:15-CV-286-JLQ 18 MOHAMED AHMED BEN SOUD, OBAIDULLAH (AS PERSONAL 19 REPRESENTATIVE OF GUL RAHMAN), 20 Plaintiffs, PLAINTIFFS’ 21 EXHIBIT LIST 22 v. Trial Date: September 5, 2017 23 JAMES ELMER MITCHELL and JOHN 24 “BRUCE” JESSEN 25 Defendants. 26 AMERICAN CIVIL LIBERTIES PLAINTIFFS’ EXHIBIT LIST UNION OF WASHINGTON FOUNDATION Page | 1 901 Fifth Ave, Suite 630 Seattle, WA 98164 (206) 624-2184 Case 2:15-cv-00286-JLQ ECF No. 228 filed 08/01/17 PageID.9002 Page 2 of 19 1 In accordance with the Court’s May 30, 2017 Order re: Pretrial Filings 2 3 and Extending Deadlines (ECF No. 187), Plaintiffs hereby designate the below 4 list of exhibits for trial. Plaintiffs reserve the right to supplement or amend their 5 exhibit list based upon any future alteration or amendment to Defendants’ 6 exhibit list, or any rulings or other court decisions that may affect the scope of 7 evidence in this trial. 8 These disclosures are not an admission that each exhibit will be 9 introduced at trial. By including documents as exhibits on this list, Plaintiffs do 10 11 not agree they are admissible. Plaintiffs preserve any and all objections to 12 admissibility, including but not limited to authenticity, foundation, relevance, 13 undue prejudice. Plaintiffs also preserve the right to argue that an exhibit is 14 admissible only for limited purposes. 15 No. Date Document Description Bates Range 16 Cables* [1-75] 17 Subject: Eyes Only - For 18 November CTC/UBL - Mental Status 1 19 2002 Examination and Recommended Interrogation Plan for Gul Rahman 001056-001058 20 Subject: Eyes Only - Course of November 2 Action for Future Handling of Gul 21 2002 Rahman 001066-001067 22 Subject: Eyes Only - Non November 3 Compliance of Gul Rahman 23 2002 COBALT 001072-001074 24 November Subject: Eyes Only - Gul Rahman 4 25 2002 Admits His Identity 001075-001077 December [Redacted] Interview of [CIA 5 26 2002 Staff Officer] December 2002 001081-001098 AMERICAN CIVIL LIBERTIES PLAINTIFFS’ EXHIBIT LIST UNION OF WASHINGTON FOUNDATION Page | 2 901 Fifth Ave, Suite 630 Seattle, WA 98164 (206) 624-2184 Case 2:15-cv-00286-JLQ ECF No. 228 filed 08/01/17 PageID.9003 Page 3 of 19 1 No. Date Document Description Bates Range 2 Subject: SMD/RDG Tasking for 6 June 16, 2003 IC Psychologists Jessen and 3 Mitchell 001102-001108 4 Subject: Eyes Only - Post- 7 July 2002 Isolation Phase of the Abu 5 Zubaydah Interrogations 001158-001161 6 RE: Formal Authorization to Proceed with Portions of Next 8 July 2002 7 Phase of Abu Zubaydah 8 Interrogation 001162-001166 Subject: Eyes Only - DCI 9 January 31, 9 Guidelines for the Conduct of 2003 10 Interrogations 001170-001174 CIA Inspector General Special 11 Review (TS//[Redacted]) 12 10 May 7, 2004 Counterterrorism Detention and Interrogation Activities 13 (September 2001 - October 2003) 001335-001493 14 Subject: Confirmation that USMIL Has Reclassified 15 11 2008 Tanzanian Detainee Abdullah 16 Suleiman as NLEC, Scheduled for 17 Transfer in Near Future 001528-001529 12 Chronology of Significant Events 001547-001549 18 13 Bios [Redacted] 001551-001587 19 Subject: Availability of [Redacted] Psychologist Jim 14 May 28, 2003 20 Mitchell/Role of Mitchell and 21 Jessen 001588 Route Subject: Eyes Only -- 22 15 May 2002 Contract Extension for IC SERE 23 Psychologist 001589-001590 January 17, Subject: Eyes only - per your 16 24 2003 request 001591-001593 25 17 Chronology of CIA High-Value 26 Detainee Interrogation Technique 001595-001609 AMERICAN CIVIL LIBERTIES PLAINTIFFS’ EXHIBIT LIST UNION OF WASHINGTON FOUNDATION Page | 3 901 Fifth Ave, Suite 630 Seattle, WA 98164 (206) 624-2184 Case 2:15-cv-00286-JLQ ECF No. 228 filed 08/01/17 PageID.9004 Page 4 of 19 1 No. Date Document Description Bates Range Subject: Eyes Only - Lessons for 2 18 the Future 001610-001615 3 Subject: Qualifications to provide February 1, special mission interrogation 4 19 2003 consultation; From: James E. 5 Mitchell, Ph.D. 001616-001618 CIA's Use of Contract 6 20 Interrogators/Debriefers 001624-001625 7 (TS/[Redacted]/NF) Role of 8 21 Mitchell, Jessen, and Associates in CTC/[Redacted]/RDG program 001629-001630 9 Subject: Eyes Only - The Next 10 22 June 2002 Phase of the Abu Zubaydah Interrogations 001641-001647 11 Subject: Eyes Only - [Redacted] October 23, 12 23 On Abu Zubaydah as of 1900 2006 Hours (local time) 26 July 2002 001651-001652 13 Subject: Eyes Only - [Redacted] 14 24 August 2, 2002 On Abu Zubaydah as of 1900 15 Hours (local time) 2 August 2002 001653-001662 Subject: Eyes Only - Increased 16 25 July 2002 Pressure in the Next Phase of the 17 Abu Zubaydah Interrogations 001656-001662 Subject: Eyes Only - [Redacted] 18 26 June 2002 on Abu Zubaydah as of 2300 19 Hours (Local Time) 18 June 2002 001667-001671 Subject: Eyes Only - Details re 20 27 August 4, 2002 Initial Cycle of Interrogations Of 21 Abu Zubaydah 001755-001759 Subject: Eyes Only - Formal 28 August 3, 2002 22 Approval For the Next Phase 001760-001765 Subject: Eyes Only - Parameters 23 29 May 2002 on Confinement Box Usage 001766-001769 24 Subject: Eyes Only - Comments 25 30 July 2002 on Proposed Enhanced 26 Interrogation 001770-001772 AMERICAN CIVIL LIBERTIES PLAINTIFFS’ EXHIBIT LIST UNION OF WASHINGTON FOUNDATION Page | 4 901 Fifth Ave, Suite 630 Seattle, WA 98164 (206) 624-2184 Case 2:15-cv-00286-JLQ ECF No. 228 filed 08/01/17 PageID.9005 Page 5 of 19 1 No. Date Document Description Bates Range 2 Subject: Eyes only - COS: Support Plan for Interrogation of Abu 31 April 2002 3 Zubaydah 4 001779-001787 September 22, Subject: Re: Setting up for 32 5 2002 interrogations 001788-001792 6 Subject: Eyes Only - Details re 05 33 August 2002 August 02 Cycle of Interrogations 7 of Abu Zubaydah 001799-001802 8 Subject: Eyes Only - Details re 06 34 August 2002 August 02 Cycle of Interrogation 9 of Abu Zubaydah 001803-001806 10 Subject: Eyes Only - [Redacted] 35 August 2002 on Abu Zubaydah as of 2000 11 Hours (Local Time) 18 Aug. 2002 001807-001808 12 Subject: Eyes only - [Redacted] on 36 July 2002 Abu Zubaydah as of 1900 Hours 13 (Local Time) 18 July 2002 001809-001810 14 Subject: Eyes only - [Redacted] on 15 37 June 2002 [Redacted] as of 2300 Hours (Local Time) 19 June 2002 001811-001812 16 Subject: Eyes Only - Approval for Request to Use [Redacted] Box 17 38 April 2002 for Psychological and Behavioral 18 [Redacted] Process 001823-001824 Subject: Eyes only - Interrogation 19 39 April 2002 Plan [Redacted] 001825-001828 20 Subject: Eyes only - Next Phase of 40 July 2002 21 Abu Zubaydah Interrogations 001839-001840 Subject: Eyes Only - Additional 22 Operational and Security 41 July 2002 23 Considerations for the Next Phase of Abu Zubaydah Interrogation 001841-001845 24 Subject: Eyes Only - Outline of Abu Zubaydah Interrogation Team 25 42 July 2002 Discussion [Redacted] Re Next 26 Phase of the Operation 001846-001847 AMERICAN CIVIL LIBERTIES PLAINTIFFS’ EXHIBIT LIST UNION OF WASHINGTON FOUNDATION Page | 5 901 Fifth Ave, Suite 630 Seattle, WA 98164 (206) 624-2184 Case 2:15-cv-00286-JLQ ECF No. 228 filed 08/01/17 PageID.9006 Page 6 of 19 1 No. Date Document Description Bates Range 2 Subject: Re: MENTAL STATUS EXAMINATION AND 3 43 RECOMMENDED 4 INTERROGATION PLAN FOR GUL RAHMAN 001865-001870 5 Subject: Eyes Only - HQs 6 44 July 2002 Feedback on Issues Pending for Interrogations of Abu Zubaydah 001871-001874 7 Subject: Re: Eyes Only - 45 8 Interrogation Support 001891-001892 1. How much has the CIA paid 9 46 Mitchell and Jessen since 2002? 001906-001907 10 MJA (Mitchell, Jessen & 47 Associates) 001908-001910 11 Subject: Eyes Only - HQs 12 48 July 2002 Feedback on Status of Enhanced Interrogation Approval 001913-001914 13 Subject: Eyes Only - [Redacted] 14 49 April 2002 Interrogation Strategy for Abu 15 Zubaydah 001923-001925 Subject: Eyes Only - 16 50 July 2003 Interrogation/Psychological 17 Assessment of Abu Zubaydah 001928-001930 Subject: Eyes Only - Adjustment 18 51 May 2002 to the Abu Zubaydah Interrogation 19 Strategy 001931-001934 Subject: Eyes Only - Details Re 07 20 52 August 2002 August 2002 Cycle of 21 Interrogations of Abu Zubaydah 001942-001944 Subject: Eyes Only - Details of 8 22 53 August 2002 August 202 Cycle of 23 Interrogations of Abu Zubaydah 001945-001948 24 25 54 August 2002 Subject: Eyes Only - Details of 9 August 2002 Cycle of 26 Interrogations of Abu Zubaydah 001949-001954 AMERICAN CIVIL LIBERTIES PLAINTIFFS’ EXHIBIT LIST UNION OF WASHINGTON FOUNDATION Page | 6 901 Fifth Ave, Suite 630 Seattle, WA 98164 (206) 624-2184 Case 2:15-cv-00286-JLQ ECF No. 228 filed 08/01/17 PageID.9007 Page 7 of 19 1 No. Date Document Description Bates Range 2 Subject: Eyes Only - [Redacted] on Abu Zubaydah as of 2300 55 August 2002 3 Hours (Local Time) 10 August 4 2002 001955-001956 Subject: Eyes Only - Details of 11 5 56 August 2002 August 2002 Cycle of 6 Interrogations of Abu Zubaydah 001957-001960 Subject:
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