Unclassified Declaration of Mark Langerman (Department of ...

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

ANTHONY SHAFFER, Plaintiff, v. DEFENSE INTELLIGENCE AGENCY, et al., Defendants.

))))))))))))

Civil Action No. 1:10-cv-02119 (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.”)

Case 1:10-cv-02119-RMC Document 63-7 Filed 04/26/13 Page 1 of 44

IN THE UNITED STATES DISTRICT COURT DISTRICT OF COLUMBIA

) ANTHONY SHAFFER, )

) Plaintiff, )

) v. ) Civil Action No. 1:10-cv-02119 (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 2004. 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, 2012. 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, 2012. Ms. Beth Fitzgibbons of my office was in


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 2006. 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, 2005. 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 5400.4, 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


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 email various general references to those materials on December

10, 2012.

8. 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 4.

9. Mr. Shaffer responded by letter dated December 20, 2012. 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 5.

10. 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


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. § 1746 that the foregoing

is true and correct.

Executed on: April 26, 2013.

4


Exhibit 1


3 August 2012

VIA E-MAIL AND MAIL

Department of Defense A TIN: Office of Security Review 1155 Defense Pentagon Washington, D.C. 20301-1155

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. 10-2119 (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 5230.29 (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 [email protected] or (202) 498-0011 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 he District of Columbia.

~i} affer LTC (re :AR 8613 Etta Dr Springfield, VA 22152

cc: Mark S. Zaid, Esq.


Exhibit 2


DEPARTMENT OF DEFENSE OFFICE OF SECURITY REVIEW

1155 DEFENSE PENTAGON WASHINGTON, DC 20301-1155

Lieutenant Colonel Anthony Shaffer, USAR (Ret) 8613 Etta Drive Springfield, VA 22152

September 11, 2012 Ref: 10-S-2740/1

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 5230.29, Security and Policy Review ofDoDiriformationfor Public Release (Jan. 8, 2009).

If you have any questions, please contact Mr. Darrell Walker at (703) 614-4913 or darrell. [email protected].

Sincerely,

cc: Mr. Mark S. Zaid


Exhibit 3




Lieutenant Colonel Anthony Shaffer, USAR (RET) 8613 Etta Drive Springfield, VA 22152

September 17, 2012 Ref: 10-5-2740/1

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, 2012. 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 703-614-4913.

Enclosure: As stated

cc: Mark M. Langerman Mr. Mark S. Zaid, Esq.

~~~ Darrell W. Walker Assistant Chief





September 11, 2012 Ref: 10-S-2740/1



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 5230.29, Security and Policy Review of DoD Information f or Public Release (Jan. 8, 2009).


Sincerely,


~)l •. p,~ M~M. Lan . . ;J Chief 1

c_/


Exhibit 4


DEPART~ENT OF DEFENSE OFFICE Of SECURITY REVIEW


Lieutenant Colonel Anthony Shafter, USAR (Ret~ 8613 Etta Drive Springfield, VA 22152

December 19, 2012 Ref: 10-S-2710/1

Re: Request for Prepublication Review of Operation Dark Heart Manuscript I


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) 614-4913 or [email protected].


I ~incerely,


Exhibit 5


20 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 2012. 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 2006. The testimony and information I supplied, which included my


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.


Exhibit 6





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 5230.29, 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 2010. The Government determined that information contained in 198 of the redacted passages has been properly declassified in accordance with Executive Order 13526. 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 2004. 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.


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.



Sincerely,

~&r---1 Ml)rk~Bl).geiman Clllef I

~ Enclosure: As stated



UNCLASSIF IED

ITEM (U) PAGE (U) LINE (U) STATUS (U)

xvi 1

1 Shaffer accepts that the redacted information is classified and agrees to delete it from the text.

xvi 15


xvii 9

3 Shaffer accepts that the redacted information is classifled and agrees to delete it from the text.

xvii 11-12

4 Shaffer accepts that the redacted information is classified and agrees to delete It from the text.

xvii 14-15

s Shaffer accepts that the redacted information Is classified and agrees to delete it from the text.

2 18-19 Shaffer accepts that the redacted information is classified and agrees to delete It from the text. The material(s) plaintiff has

6 provided failed to demonstrate that the redacted Information has been officially disclosed.

7 2 20 "Bagram Air Base" - no longer classified

3 10-14 Shaffer accepts that the redacted information is classified and agrees to use "war fighter" in place of the redacted classified

8 information.

3 18 Shaffer accepts that the redacted information is classified and agrees to use "war fighter" in place of the redacted classified

9 Information.

10 5 13 "Hekmatvar" - no longer classified

11 6 1-3 Shaffer accepts that the redacted information is classified and agrees to use "war fighter" in place of the redacted classified

Information.

12 6 5 Shaffer accepts that the redacted information is classified and agrees to remove "Afghan" in this sentence.

13 6 7-8 Shaffer accepts that the redacted information is classified and agrees to use "war fighter" in place of the redacted classified

Information.

14 6 34 Shaffer accepts that the redacted Information is classified and agrees to "1099" in place of the redacted classified

information throughout the book.

15 8 3-7 Shaffer acceots that the redacted Information Is classified and a11rees to delete it from the text.

16 13 19-21 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.

17 13 21 Shaffer accepts that the redacted information ls classified and agrees to use "in a rural area of VA" in place of the redacted


18 13 30 "six months" - no longer classified

UNCLASSIFIED


UNCLASSIFIED

ITEM (U) PAGE (U) LINE (U) STATUS(U)

19 14 22-23 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.

20 14 23-28 Shaffer accepts that the redacted information Is classified and agrees to delete it from the text.

14 29-33

21 Shaffer accepts that the redacted information is classified and agrees to delete it from the t ext.

15 8-10

22 Shaffer accepts that the redacted information is classified and agrees t o delete it from the text.

15 20-22

23 Shaffer accepts that the redacted information is classified and agrees t o delete it from the text.

15 24-28


15 29-31

25 Shaffer accepts that the redacted information is classified and agrees to delet e it from the text.

16 4-5 Shaffer accepts that t he redacted information is classified and agrees to use "I began overseeing the army's controlled

26 human intell igence program (HUMINT)." in place of the redacted classified information.

16 10-11 Shaffer accepts t hat the redacted information is classified and agrees to use "My job as head of the army's controlled

27 HUM INT program ended" in place of the redacted classified information.

17 16-20 Shaffer accepts t hat the redacted information is classified and agrees to use "At DIA, in 1999 and 2000, I was director of Task

28 Force Stratus Ivy." in place of the redacted classified information.

17 24-25


17 26-29


18 30-33 Shaffer accepts that the redact ed information is classified and agrees to use "Operat ing Base Alpha conducted antiterror ism

31 operations" in place of t he redacted classified informat ion.

19 5-9 Shaffer accepts that the redacted information is classified and agrees to use "I was feeding information about possible

32 weapons of mass destruction (WMD) locations to war fighters." in place of t he redacted classified information.

UNCLASSIFIED


UNCLASSIFIED


23 10 Shaffer accepts that the redacted information is classified and agrees to delete it from the text. The material(s) plaintiff has

33 provided failed to demonstrate that the redacted information has been officially disclosed.

24 6


24 27-30 Shaffer accepts that the redacted information is classified and agrees to delete it from the text. The material(s) plaint iff has


25 20-29


26 1-2 Shaffer accept s that the redacted information is classified and agrees to delete it from the text. The material(s) plaintiff has

37 provided failed to demonstrate that the redacted Information has been officially disclosed.

26 13-14


26 15-24


26 25-26


26 28-33

41 Shaffer accepts that the redacted informat ion is classified and agrees to delete it from the text.

26-27 34 and 1-4


30 16


30 22-23

44 Shaffer claimed a source that remains classified.

30 28

45 Shaffer claimed a source that remains classified.

UNCLASSIFIED


UNCLASSIFIED


30 29 46 Shaffer claimed a source that remains classified.

30 30 47 Shaffer cla imed a source that remains classified.

32 17 48 Shaffer claimed a source t hat remains classified.

33 23 Shaffer accepts that the redacted information is classified and agrees to use "targeting a terrorist group." in place of the

49 redacted classified information.

34 2 Shaffer accepts that the redacted information is classified and agrees to delete It from the text. The material(s) plaintiff has so

provided fa iled to demonstrate that the redacted Information has been officially disclosed.

38 16 Sl Shaffer accepts that the redacted information is classified and agrees to delete it from the text.

38 17 S2 Shaffer accepts that the redacted information is classified and agrees to delete it from the text.

38 18 S3 Shaffer accepts that the redacted information is classified and agrees to delete it from the text.

38 19 S4 Shaffer accepts that the redacted informat ion is classified and agrees to delete it from the text.

38 21·22 SS Shaffer accepts that the redacted information is classified and agrees to delete it from the text.

38 24·2S S6 Shaffer accepts that the redacted information ls classified and agrees to delete it from the text.

38 28 S7 Shaffer accepts that t he redacted Information is classif ied and agrees to delete it from the text.

38 30 S8 Shaffer accepts that t he redacted information is classified and agrees to delete it from the text.

UNCLASSIFIED


UNCLASSIFIED


39 2 59 Shaffer accepts that the redacted information is classified and agrees to delete it from the text.

41 6 Shaffer accepts that the redacted information is classified and agrees to use "in an old building with interesting architecture"

60 in place of t he redacted classified information.

41 7-12 Shaffer accepts t hat the redacted information is classified and agrees to use "that used to be known as a gathering place" in

61 place of the redacted classified information.

41 13 Shaffer accepts that the redacted information is classified and agrees to use "CIA Station" in place of the redacted classified

62 information.





41 23 65 "chief of base" - no longer classified

42 2-4 Shaffer accepts that the redacted information is classified and agrees to use "Operating Base Alpha," I told him. "It was co-

66 located with a special station." in place of the redacted classified information.

43 6-7 67 "Talibar ... for three letter agencies" - no longer classified



46 13 Shaffer accepts that the redacted information Is classified and agrees to use "CIA Station" in place of the redacted classified

70 information.


UNCLASSIFIED


UNCLASSIFIED


55 12-13


55 28-29


SS 32-33


56 1-4

7S Shaffer accepts that the redacted information is classified and agrees to delete it from the text.

S6 10-11


S6 14


S6 17-19 Shaffer accepts that the redacted information is classified and agrees to use "Clarendon (DIA Operat ions Support Center)" in

78 place of the redacted classified information.

S6 32-33


S7 9-12


59 19-20 Shaffer accepts that the redacted information is classified and agrees to use "Ray was the Kandahar case officer" in place of

81 the redacted classified information.

59 22-25 Shaffer accepts that the redacted information is classified and agrees t o use "The Safe House was our Kabul detachment

82 headquarters for our officers." in place of the redacted classified information.

59 31 Shaffer accepts that the redacted information is classified and agrees to use "identified" in place of the redacted classified

83 information.

62 21-24 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 fu lfill some of the intelligence requirements you need." in place of the redacted classified

information.

UNCLASSIFIED


UNCLASSIFIED

ITEM (U) PAGE(U) LINE (U) STATUS (U)

62 25-30 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.

63 16 86 Shaffer accepts t hat the redacted information is classified and agrees to delete it from the t ext.

65 14 87 Shaffer accepts that the redacted information Is classified and agrees to delete it from the text.

65 29-32 88 Shaffer accepts that the redacted information Is classified and agrees to delete it from the text.

66 7 89 "Kabul" - no longer classified

67 28-29 90 Shaffer accepts that the redacted informat ion Is classified and agrees to delete it from the text.


69 21-22 92 Shaffer accepts that the redacted information Is classified and agrees to delete it from the t ext.

76 13-15 "Dawn was an awkward time of day when night-vision goggles were not effective, and it was hard to distinguish anything

93 more than gray and purple shapes." - no longer classified

81 30 94 "Gardez" - no longer classified

86 26-27 95 "claiming t o be a U.S. citizen, holding a Virginia driver's license" - no longer classified

86 27 96 "Gardez .... Gardez" - no longer classified


UNCLASSIFIED


UNCLASSIFIED


87 1

98 "U.S. Citizen" - no longer classified

87 3

99 "U.S. Cit izen" - no longer classified

100 87 4 Shaffer accepts that the redacted information is classified and agrees to use "John Doe" in place of the redacted classified

information.

101 87 7 "Virginia" - no longer classified

102 87 9 "Northern Virginia" - no longer classified

103 87 10-11 "driver's license ... Springfield" - no longer classified

104 87 15 "Springfield" - no longer classified

105 87 17 "driver's license" - no longer classified

106 87 21 "VA OMV" - no longer classified

107 87 29 "Virginia driver's licenses" - no longer classified


109 88 3 "$65,000 to Gardez" - no longer classified

110 88 10 "was Iran" - no longer classified

111 88 19 "United States of America" - no longer classified

112 88 23 "U.S. Citizen" - no longer classified





UNCLASSIFIED


UNCLASSIFIED

ITEM (U) PAGE (U) LINE (U) STATUS (U}



119 92 34 "Special Forces" - no longer classified

120 93 16 "Wife, sons, daughters, including one who was pregnant. They had not been detained." - no longer classified


122 93 20-21 "United States" - no longer classified

123 93 21 "$65,000" - no longer classified


125 93 24 "to the United States" - no longer classified

126 93 27 "Special Forces" - no longer classified



129 95 30 "an American cit izen" - no longer classified

130 96 20 "A" - no longer classified

131 97 6 "$65K" - no longer classified

132 97-98 32-34 & 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

133 98 4-5 "Springfield, Virginia" - no longer classified



UNCLASSIFIED


UNCLASSIFIED


136 98 25 "American" - no longer classified



139 98 33 "American. I love America." - no longer classified

140 99 2 "from Afghanistan t o Tehran in 1979" - no longer classified

141 99 4 "than his Brother by 7 years" - no longer classified

142 99 8 "United States" - no longer classified

143 99 9 ''Tehran to America" - no longer classified

144 99 10 " Iran" - no longer classified


146 99 11-12 "Wife and two children" - no longer classified



149 99 31-32 "Springfield" - no longer classified

150 100 3 "America" - no longer classified

151 100 5 "I love America ... America" - no longer classified





UNCLASSIFIED


UNCLASSIFIED


156 100 20 " Immigration and residency" - no longer classified

157 100 33 "A" - no longer classified







164 102 4 "America. I love my life there." - no longer classified


166 102 15 "His younger brother. Their parents" - no longer classified

167 102 17 "Younger brother" - no longer classified


169 102 25-26 "United States" - no longer classified

170 102 31 "$65K" - no longer classified



173 103 7 "money" - no longer classified



UNCLASSIFIED


UNCLASSIFIED


176 103 14 "Case officers" - no longer classified


178 103 29 "U.S. Cit izen" - no longer classified


180 104 3 "SF" - no longer classified

181 104 33 "U.S." - no longer classified





186 105 13 "U.S. Citizen" - no longer classified


188 105 30 Shaffer accepts that the redacted information Is classified and agrees to delet e it from the text.

189 105 31 Shaffer accepts that the redacted information is classified and agrees to delet e it from the text.


191 106 2 Shaffer accepts that t he redacted informat ion is classified and agrees to delete it from the text.

192 106 11 "United St at es" - no longer classified

193 106 15 "HIG" - no longer classified

194 106 16 Shaffer accepts that the redacted information is classified and agrees to delete it from the t ext.


UNCLASSIFIED


UNCLASSIFIED

ITEM (U) PAGE(U) LINE (U) STATUS (U)

196 107 6 "To the FBI headquarters in D.C." - no longer classified


198 107 8 "An intelligence officer" - no longer classified






204 107 21 " I love America" - no longer classified



207 107 26 "I love America" - no longer classified

208 107 27 "America ............ citizen" - no longer classified







215 108 27 "Tehran" - no longer classified

UNCLASSIFIED


UNCLASSIFIED


216 108 28 "Brother .... Tehran" - no longer classified

217 108 29 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".

218 108 30-31 Shaffer accepts that the redacted information is classified and agrees to delete it from the text.

219 108 32 "Brother" - no longer classified

220 108 33-34 "America. i have never been asked to do anything. All i want to do is be with my family." - no longer classified

221 109 6-7 "Brother or America" - no longer classified

222 109 10 "Iranian border" - no longer classified

223 109 16-17 "Oath as a cit izen of the United States" - no longer classified

224 109 29-30 "Gardez" - no longer classified





229 110 13 "Brother the money" - no longer classified

230 110 14 Shaffer accepts that t he redacted informat ion is classified and agrees to delete it from the text.

231 110 15 "The Soviets were here" - no longer classified

232 110 19 "Brother in Tehran" - no longer classified

233 110 20 "States" - no longer classified

234 110 21 Shaffer accepts that the redact ed information Is classified and agrees to delete it from the text .

235 110 22 "Soviets" - no longer classified

UNCLASSIFIED


UNCLASSIFIED


236 110 22 "Brother's" - no longer classified

237 110 26-27 "little bro' to the United States" - no longer classified

238 110 29 "the money across the border?" - no longer classified

239 111 2 ''American" - no longer classified





244 112 8 "In the United St ates" - no longer classi fied

245 112 9-10 "Iranians" - no longer classified


247 112 29 "America and your brother" - no longer classified

248 113 3 "Brother" - no longer classified

249 113 4-5 Shaffer accepts that the redacted Information is classified and agrees to delete it from the text.

250 113 5 "U.S. soldiers in Gardez" - no longer classified




254 113 32 "female" - no longer classified

255 114 5 "s" - no longer classified

UNCLASSIFIED


UNCLASSIFIED



257 114 8 "Tehran" - no longer classified

258 114 10 "Intelligence agents" - no longer classified

259 114 13 "In the United States" - no longer classified

260 114 20 "Life in America" - no longer classified

261 114 24 "If you want me to spy for you, I will do it." - no longer classified

262 114 26 "In the United States" - no longer classified

263 114 27 "Domestic law enforcement issue" - no longer classified

264 114 34 "Taliban in Pakistan" - no longer classified




268 115 10-11 "Americans" - no longer classified



271 116 29 "Her in Gardez and its environs" - no longer classified



274 117 1-3 "FBI t o catch up with him in Spr ingfield 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


UNCLASSIFIED


UNCLASSIFIED



277 119 14-16 "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

278 120 4-5 Shaffer accepts that the redacted information is classified and agrees to delete it from t he text.



281 120-121 33-34 and 1-2 Shaffer accepts that the redacted information Is classified and agrees to delete it from the text.






287 126 7 Shaffer accepts that the redacted information is classified and agrees to use "CIA Station" in place of the redacted classified

information.


information.


information.





294 140 16 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


UNCLASSIFIED



297 140 20 "Quetta" - no longer classified

298 140 22-23 "Peshawar" - no longer classified




302 142 21 Shaffer accepts that the redact ed information is classified and agrees to use "Joint Task Force" in place of the redacted




305 147 7-10 Shaffer accepts that the redacted information is classified and agrees to delete it from the t ext.

306 147 23-26 Shaffer accepts that the redacted information is classified and agrees to delete it from the t ext.


308 149 3 Shaffer accepts that the redact ed information is classified and agrees to use "CIA Station" in place of the redact ed classified

information.

309 149 16 Shaffer accepts that t he redacted information is classified and agrees to use "CIA Stat ion" in place of the redacted classified

information.

310 149 24 Shaffer accepts t hat the redacted information is classified and agrees to use "Joint Task Force" in place of the redacted

classified informat ion.

311 150 4 Shaffer accepts that t he redacted information is classified and agrees t o delete it from the text.

312 150 15 Shaffer accepts that the redacted information is classified and agrees to use "Joint Task Force" in place of the redacted


313 150 21-22 " It involved turning prisoners and making them double agents -convincing them to go back and spy on the bad guys." - no

longer classified



315 151 15 "Task Force 180" - no longer classified

UNCLASSIFIED


UNCLASSIFIED



317 152 3-6 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.



information.


321 153 9-17 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.

322 153 23-28 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".



324 153 30 Shaffer accepts that the redacted informat ion is classified and agrees to delete it from the text.


326 154 9 "CIA's" - no longer classified


328 154 26-28 Shaffer accepts t hat the redacted information is classified and agrees to delete it from the text .

329 155 12-13 ""Randy knew I conducted a similar mission when I ran Task Force Stratus Ivy'"' - no longer classified





UNCLASSIFIED


UNCLASSIFIED


333 157 15-16 Shaffer accepts that the redacted information is classified and agrees to use "Joint Task Force" in place of t he redacted


334 158 27-28 "Two other major safe havens we now know of - one near Quetta and t he other near Peshawar" - no longer classified

335 159 5-6 Shaffer accepts that the redacted information is classified and agrees t o delete it from the t ext.

336 159 6-7 Shaffer accepts that the redacted information is classified and agrees to use "Joint Task Force will support our Wana op" in

place of the redacted classified informat ion.


classified informat ion.

338 161 7-8 Shaffer accepts that the redacted information is classified and agrees to use "Roppongi Prince Hotel in Tokyo while t raveling

in Jaoan" in olace of the redacted classified information.

339 165 5-6 Shaffer accept s that the redacted information is classified and agrees to delete it from the text. The material(s) plaintiff has

provided failed t o demonstrate that the redacted information has been officially disclosed.

340 165-166 28-34 and line 1 Shaffer accepts that the redacted information is classified and agrees to delete it from the text. The material(s) plaintiff has

provided failed to demonst rate that the redacted information has been officially disclosed.

341 168 3 Shaffer acceots that the redacted information is classified and agrees to delet e it from the text.

342 168 12-16 Shaffer accept s that the redacted information is classified and agrees to use "Part of my job was to pull from the data fresh

leads to launch new operations to enhance our knowledge of organizations and personnel within t hem. Also to combine

data with ongoing Intel operations that focused on al Qaeda." in place of the redacted classified information. The material(s)

plaintiff has provided failed to demonstrate that the redacted information has been officially disclosed.

343 168 17-19 Shaffer accepts that the redacted information is classified and agrees t o use "One of our key asset s" in place of the redacted

classified information. The material(s) plaintiff has provided failed to demonstrate that the redacted information has been

officially disclosed.

344 168 22-27 Shaffer acceots that the redacted information is classified and agrees to delete it from the text.

345 170 29-34 Shaffer accepts that the redacted information Is classified and agrees to use "The intell igence support team established to

work with Able Danger was sent to Fort Belvoir to work directly with LIWA t o do more robust mapping and to look at

creating options down the road - kill, capture, or monitor. I launched an effort to recruit more assets to penetrate al Qaeda"

in place of the redacted classified information. The material(s) plaint iff has provided failed t o demonstrate that the redacted

information has been officiallv disclosed. 346 171 29-30 Shaffer accepts that the redacted information is classified and agrees to delete it from t he text.

347 178 5 Shaffer accepts that the redacted informat ion is classified and agrees to use "my source" in place of t he redacted classified

information.

348 179 4-5 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.

349 180-181 2-17 and 1-5 Shaffer acceots that the redacted information is classified and agrees to delete it from the text.


UNCLASSIFIED


UNCLASSIFIED


351 186 19 Shaffer accepts that the redacted information is classified and agrees to use "both CJTF 180 and Joint Task Force" in place of

the redacted classified information.

352 187 13-14 Shaffer accepts t hat the redacted information is classified and agrees to delete it from the text.


354 192 13-15 Shaffer accepts that the redacted information is classified and agrees t o delete it from the text.

355 192 17-18 "To other Special Ops teams" - no longer clas.sified





360 195 24-25 Shaffer accepts that the redacted information is classified and agrees to use "Joint Task Force" in place of the redacted

classified Information.

361 195 26 "than 2000" - no longer classified



363 195 29 Shaffer accepts that the redacted information ls classified and agrees to use "Joint Task Force" in place of the redacted


364 196 30 Shaffer accepts that the redacted information is classified and agrees to use "1099" in place of the redacted classified

information.





369 197 16-17 Shaffer accepts that the redacted information is classified and agrees to use "CJSOTF guys" in place of the redacted classified

information.

370 197 25 Shaffer accepts that the redacted information is classified and agrees to use "1099 and the CJSOTF folks" in place of the

redacted classified information.

371 197 30 Shaffer accepts that the redacted information is classified and ali!rees to delete it from the text.


373 198 8-16 Shaffer accepts that the redacted information is classified and agrees to use "First, a CONOP for an away team consisting of

intelligence professionals that would be forward based to perform triage of detainees and assist with sensitive site

exololtatlon.

374 202 7 Shaffer accepts that the redacted informat ion is classified and agrees to delete it from the text.




378 206 7 Shaffer accepts that the redacted information ls classified and agrees to use "Joint Task Force" in place of the redacted



classified Information.

UNCLASSIFIED


UNCLASSIFIED



381 212 3-4 "Into the team of three case officers and a debriefer from" - no longer classified

382 215 21-22 " ... Mo about this? He asked. Maj. Mo Morrison was the Ranger's intelligence officer." - no longer classified

383 217 5 "Mai. Mo Morrison" - no longer classified

384 221 10-11 "Three case officers and a debriefer" - no longer classified

385 221 14 "HIG" - no longer classified


387 230 29 "Mr. White, whose true name was Sean, caught up with me." - no longer classified

388 232 6 "Who dispatched their Afghan assets into the target area" - no longer classified


390 233-234 29-34 and 1-5 Shaffer accepts that the redacted information is classified and agrees to delete it from the text.

391 235 2 Shaffer accepts that the redacted information is classified and agrees t o delete it from the text.

392 235 3-4 Shaffer accepts that the redacted information is classified and agrees t o delete it from the t ext.

393 239 8 "Gardez" - no longer classlfied

394 242 25 Shaffer accepts that t he redacted informat ion is classified and agrees to use "Blackwater-chartered flight from Kabul to an

undisclosed locat ion." in place of the redacted classified information.



397 246 4-5 Shaffer accepts that the redacted information is classified and agrees to use "I started working on the desk, overseeing

missions in Afghanistan and Pakistan" in place of the redacted classified information.

398 246 25-27 Shaffer accepts that the redacted information is classified and agrees to delete it from the text .. The material(s) plaintiff has



400 248 1 Shaffer accepts that the redacted information is classified and agrees to use "DIA case officers" in place of the redacted


401 248 3 "And other mobile Special Operations forces" - no longer classified

402 248 4 "With the Special Operations" - no longer classified


404 251 3-6 Shaffer accepts that the redacted information is classified and agrees to use "Doubling in size of the DoD HUM INT footprint

in Afghanistan -a detail upward of twenty five folks." in place of the redacted classified information.

405 254 26-27 Shaffer accepts that the redacted informat ion is classified and agrees to delete it from the text.


407 255 11-12 Shaffer accepts that the redacted information Is classified and agrees to delet e it from the text.






UNCLASSIFIED


UNCLASSIFIED



414 264 29 Shaffer accepts that the redacted information is classif ied and agrees to delete it from the text.

415 264 31 "Quetta and Peshawar as the other two" - no longer classified

416 265 8 Shaffer accepts that the redacted information is classified and agrees to delete it from the text. The material(s) plaintiff has



418 267 15-16 "including four Iridium ohones with a too-secret crypto kev" - no longer classified




422 268 23 Shaffer accepts that the redacted information Is classified and agrees to delet e it from the text.

423 269 2 Shaffer accepts that the redacted informat ion Is classified and agrees to delete it from the text.

424 272-273 23 and 1-2 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 Informat ion has been officially disclosed.

425 291 Index Shaffer accepts that the redacted information is classified and agrees to use "AFSAC (Air Force Special Activities Center), 13-

14" in place of the redacted classified informat ion. The material(s) plaintiff has provided failed to demonstrate that the

redacted information has been officiallv disclosed. 426 292 Index Shaffer accepts that the redacted information is classified and agrees to use "CIA Station, Joint Task Force, Task Force 1099,

Baltimore-Washington International Airport; and all accompanying page numbers" in place of the redacted classified

information.

427 293 Index Shaffer accepts that the redacted information is classified and agrees to use "CJSOTF (Combined Joint Special Operations

Task Force, Joint Task Force; and all accompanying page numbers" in place of the redacted classified information.

428 294 Index Shaffer accepts that the redacted information is classified and agrees to use "Fort Belvoir, Forward Operating Base (FOB)

Gardez, Gardez; and all accompanying page numbers" in place of the redacted classified information.

429 295 Index Shaffer accepts that the redacted information is classified and agrees to use "Joint Task Force. See Joint Task Force, Kabul

Safe House; and all accompanying page numbers" in place of the redacted classified information. The materia l(s) plaintiff

has provided failed to demonstrate that the redacted Information has been officially disclosed.

430 296 Index Shaffer accepts that the redacted information is classified and agrees to use "Morrison, Mo; and all accompanying page

numbers" in place of the redacted classified information.

431 297 Index Shaffer accepts that the redacted information is classified and agrees to use "Peshwar, Quetta, Roppongi Prince Hotel; and

all accompanying page numbers" in place of t he redacted classified Information. The material(s) plaintiff has provided fai led

to demonstrate that the redacted information has been officially disclosed.

432 298 Index Shaffer accepts that the redacted information Is classified and agrees to delete it from the text.

433 299 Index Shaffer accepts that the redacted information Is classified and agrees to delete it from the text.

UNCLASSIFIED


Date post:	22-Nov-2021
Category:	Documents
Upload:	others
View:	2 times
Download:	0 times

Unclassified Declaration of Mark Langerman (Department of ...

Documents