AR 15-6 Investigation re: Report of Proceedings by Investigating Officer

Report of Proceedings of an AR 15-6 investigation into facts and circumstances surrounding reports of inappropriate or unauthorized pictures of John Walker Lindh taken by member of Special Forces at Mazar-e-Sharif, Afghanistan on or about December 7, 2001. Includes sworn statements by soldiers involved, ruling, timeline of prisoner activities. Special Forces Major states "I think it is a testament to the discipline and training of these American Special Forces soldiers that this inscription, written on a piece of tape, is the worst thing that happened to the detainee while in their custody."

Doc_type: 
Investigative File
Doc_date: 
Wednesday, April 10, 2002
Doc_rel_date: 
Thursday, July 14, 2005
Doc_text: 

• '1 FORPrilICIAL-USEGNETY-----
pp
• -••
tN Table of Contents.
Report of Proceedings by
Investigatiiig Officer, 4.11. 15-6
Enclosure I. Letter of Appointment, Investigating Officer Enclosure II, Memorandu.m. for Record, Chronology of Events

Enclosure III. Report of Proceedings Enclosure IV. Memorandum for Record, Findings and Reco
Enclosure V. Documentary Evidencec mmendations
• Exhibit A: Photograph, John Walker Lindh

Exhibit B: Detainee Captivity Log, Detainee Exhibit C: Sworn Statement, LTC Exhibit D: •Sworn. Statement, MAJ. 3/5 BN CDR. Exhibit E: Follow-up Sworn Statement, MAJIIIIM" • 3/5 BN S3 Exhibit F: Sworn Statement,'MAJ
Exhibit G: Sworn Statement•CP C13/5 CDR Exhibit H: Follow-up Sworn Statement CPT D/3/5 CDR Exhibit I: Sworn Statement, CPT
Exhibit J; .Sworn Stitement, CPT BN 52
. Exhibit K: Sworn Statement MSGExhibit L: Follow-up Sworn Statement, MSGIEN--:-Exhibit M: .
Sworn Statement, SFCExhibit N: Sworn Statement SFC
Exhibit 0: - Sworn Statement, SSG Exhibit P: Sworn Statement, SSGExhibit Q:
Sworn Statement, SFC Exhibit R: Sworn Statement, SSG
Exhibit S: Sworn Statement, CPT Exhibit T: Medical Log, Treatment of Detainee ,Exhibit U: Sworn Statement, iLT
Exhibit V; Sworn Statement, SFC • D/3/5 Exhibit W: Sworn Statement, SOT D/3/5 D/3/5
013598 113
----litok-OFFfein-usgvArLYc
DEPARTMENT OF THE ARMY Headquarters, 56 Special Forces Group (Airborne)Fort Campbell, Kentucky 42223 c

AOSO-SFA-CO
10 April 2002

MEMORANDUM FORc
Group (Airborne), Fort Campbell, ICY 42223cHeadquarters; 2 nd Battalion, 5th Special Fo

rte

SUBJECT: Appointment as Investigating Officer
•1. Confirming my vocal appointment of 9 April 2002, Major
c

an investigating officer to. conduct an informal investiis appointed as
• gation into the facts an • circumstances
surrounding reports of inappropriate or unauthorized pictures ofJohnny Walker Lindh taken by
_members ofc
t Mazar-e?Sharif, Afghanistan, on or about 7 December 2001.


•• 2, Conduct your investigation in accordance with the procedures for informal investigations

out in AR 15-6. Take sworn statements from witnesses .c

using DA­

-Form 2823, Investigate set
circumstances surrounding the pictures, their distribution, and the circumstances surround.the
their discovery. Report your findings and.reCommendations using DA Form 1574 ing

your investigation as soon as possible but no later than 19. April 2002. -• - - Complete: •c

.c..•c••c• c .c. •c
.

3. Special Instructions:
-P. •

a. Consult theGroup Judge Advocate, 798c
forc

. investigation. ,c for legal advice in conductingYour
31,F. If you suspect an individualhas conunitted an act of misconduct, advise him of tits ArticleUCMT rights
using DA Form 3881, prior to questioning him about the suspected offense(s).

c. Consult the 52 section for
classification guidance regarding the report of investigation,

d. This appointment supersedes all previous duty appointme
Colonel, SF
CF: Commanding .

b(D-a
Individual
44

•c -1?0.1%-011FPFite. sresEeN12-Y-­DEPARTMENT OF THE ARMY

HEADQUARTERS, STH SPECIAL FORCES GROUP (AIRBORNE)
3210 INDIANA AVENUE
FORT CAMPBELL, KENTUCKY 422238214

REPLY TO
ATTENTION OF

AOSO-SFA-CO .c 18 April 2002
MEMORANDUM FOR RECORD
SUBJECT: Chronology of Events, AR 15-6 Investigation, circumstances surrounding reports of inappropriate or unauthorized pictures of Detainee Johnny Walker. Lindh
1. The following is the chronology of Events, AR 15-6 Investigation, circumstances surroundingreports of inappropriate or unauthorized pictures of Detainee Johnny Walker Lindh: tv-Q,
10 April 02 0900 COL 1111111.appoints the undersigned as Investigating Officer
1000 Initial Legal Brie4 5 SFG(A JAG
1300 Office Call, inbrief with CO c— bce

11 April 02 1000 Legal consultation, 5 th SFG( JAG' 1555 Office call, interviewed LT /5 CDRcbtp-14/64--c-Lf1630 .Legal consultation, 5th SFG(A1645. Office call, interviewed MAJ
.c. .315 S3 .cp 6 4.1b3.4_
.c12 April 02

0920 Review of sworn statement with LTC ,
SGT
"D.
-4045,—Intery

15 April 02 1318 Follow up interview IviA,T
1400 Interviewed CPT D /5 Co.CDR
1530 Interviewed CPT
1650 Follow up interview, CP

16 April 02 0900 Interviewedc
/3/5 Co. CDR
0910 Follow up interview, MSG
1000 Interviewed CPT

17 April 02 1040 Interviewed SS 013600 1100 Interviewed 1LT 1308 Interviewed CPT 1536 Interviewed SFC 1610 Interviewed SGT ,D/3'
FOR-OPTretAL—EYSE-en-y---

A080-SFA-CO
•-: SUBJECT: Chronology of Events, AR 15-6 Investigation, circumstances surrounding reports of inappropriate orunauthorized pictures ofDetainee Johnny Walker Lindh
1..p•— 4 /
1615 Interviewed SFC cD/3/5

18 April 02 0800 Findings and Recommendations Complete
0930 Legal consultation, 5th SFO(A) JAG
1700. Initial Legal Review, SJA

2. POC is the undersigned at MINI 63411.—
h — c9„
b(0 -
11011111111WJ,SF •
In estigating Officer

_ 013601

.
REPORT OF PROCEEDING ; "fc
CER/BOARD OF OFFICERS
For ass of this form, sea AR 16.6; the proponent teeny is OTJAG.
IP bfORE SPACE IS REQUIRED?! MUM OW ANY PORTION OP 77ill PORK A2TACHADDMONAL
STS SECTION I - APPOINTMENT
Appoint:0y • COLc ommander, 5th Special Forces Group (Airborne)
Ropointhq authority)
19 (2 —c
10 April 2002c•

011 c (Attach Inclosase I; Leifer of appointment or awry of oral appohrOnent data.) (See pare 3-IS, AR 154)
• (Date)
SECTION II • SESSIONS
The (Iwestigailoss) avant) o=nosiced at Headquarters, 5d Battalion, 5th SFG(A) c

it c1555

(Plate) . (
Crint4
11 April 2002 c
on oraformal board met fir more than one session, check here CI . Indicate in an ineknare the rime each session began
and
ended, rhe piece, Mont resent laabient, and explanation Volumes, if any.) The following persons (Members, respondent:, counre0 were
present: Piller each name, indicate capacity, e.g., President, Recorder, Member, Legal AaWsor.)

. . -

The following persons . onembers, repot:elm:a, coonse0 Were absent: (Include brigemplancaion of each absence.) pee p eras .5•2 and 5-8o,
AR I5-6)

The (investigating afar) (board) fmisheel gathering/hearing evidence at c1641
on 17 Apn12002
frhne)-(sate)and completed findings and ICCOLO.MellatIODS at c 1939c.
on 17 April 2002

Mme)
c Pate)

SECTION III • CHECKLIST FOR PROCEEDINGS
A. COMPLETE IN ALL CASTS
NOii NAY
laclosures (para 3-IS, AR 15.6)
Are the following inclosed and numbered consecutively with Roman numerals: (Atrached in order liana 0
a. The letter of appointment ora summary of oral appointment date
b.Copy of notice to respondent, if any? (See Item 9, below)
c. Other correspondence with respond= or -counsel. Hann

d All other written communications to or from the appointing authority? 013602 x Privacy Act Statements (CertiRcaze, V statanentprowded oraliy)?
.
Iphtnation by the Invesegating officer or board of any unusual delays, difficulties, irregularities, or other problems
encounteredcabsence of material witnesses)?

'17 x
Information as to sessions of a formal board not included on page 1 of this report?I h Ins. Mt... ••/..-./=•..-• &at - -• _ • .
DOD-015556

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PEYWINWERFEci,h-,,PIL
"""bite (para 3-16, AR 154) '4, A_ re all lienn offered (whether or nor received) or considered as evidence inchvidFilly numbered or lettered as
•'(and studied to this report? c"
;,rindex deli exhibits offered to or considered by investlaatIng officer or board attached before the first =bilk?
e. s the tesnmenyhdatement o tic witness been recorded verbanm or creduced to written form and ma as
Ra h?
an =fa
d. Are copies. alpacas, ordepictions f substituted for real or docionentary evidence) properly authenticated and is
the location of the original evidence indicated?

e. Are descriptions or disgrams included of locations visited by the investigating officer or board gran

3-6b, AR 13-6)?
f. Is tech Writ= stipuladoe attached as an exhibit and Is each oral stipulation mbar reduced to writing and made an
exhibit or recorded in a verb* record?c


g. Ifofticial notice of soy matter svu taken over the objection of a respondent or counsel, is a statement of the matter
of which official notice was taken attached as an Wait (tiara 3.164 AR 15-6)?

%mum:1pm= wham the board voted on findings and recommendations *nu 4-1 and 6*-2b, AR 15-6)?
COMPLETE ONLY FOR FORMAL BOARD PROCEEDINGS (ChtiPlir 5, AR 154)
At the initial session, did the recorder read, or determine that all participants had read, the letter of anointment.

@NU 5-3b, AR 13-6)?
Was a quonini proem at every seam of the board (para 5-2b, AR 15-6)?
Was each absence of any member properly excused Odra 5-2a, AR 15-6)7
Were members, witnesses, reporter, and impeller sworn. If required antra 3-1, AR 15.6)7
If any members who voted on findlegs or recommendations were not present when the board received some evidence,
doe•the inclose:is describe how they familiarized themselves with dart evidence pare 544 AR 15-6)7

COMPLETE ONLY IF RESPONDENT WAS DESIGNATED (Section g Chapter 5, AR 15-6)
Notice to reaponcicam orara 5-5, AR 15-6):
a, is this method sad dam of delivery to the respondent indicated on each letter of notification?

b.
Was the date of delivery at least an working days prior to the first session of the board?

a.
Does each Wet of notification indicate —

(I)
the date, !sour, and place of the first session of the board concerning that respondent?

(2)
the muter to be investigated, including specific allegations against the respondent, if any?
.(3) the respondent's debts with regard to counsel?

• •cthe name sod addreas death witness expected to be called by the recorder?.
the'respondent's right to be predent, present evidence, and call witnesses?

d.
Was the respondent provided a copy of all unclassified documents in the case file?

e.
If dame were relevant el*nified =aerials, were the respondent and his counsel given access and anopportunity to exam= them?
If Amy regpoadeat was dertgosted after the proceedings began kir odiervarc war absent during port of Me proceedings):

a.
Was be properly notified Oro SJ, AR 15-6)?
b.• Was record of procseditip and evidence received in his absence made available for examination by him and Ins counsel ems

s-re, Alt 13-0?
Counsel {para Sit
a. Was each respondent :vegetated by counsel? Name and business address of counsel:

reemuef LT a lawyer, deo k here 0
y. Was respondent's counsel present at all ;pen smarms of the board relating to that respondent?
1. If military towel was repair d but not made available. Is a copy (or, (f oral, a sunvnary)
of the request and the -
=ion taken on it included in the report (para 56b, AR15-6)7
-
f the respondent challenged the legal advisor or any voting member for lack of impartiality Quare 5.7, AR 15.6):
• Wu the challenge properly denied std by the spproptiate officer?
.Did each member successfully challenged cease to participate in the proceedings?
/as the respondent given an opportunity to tiara 5-8a, AR 15-6): .
Be present with his mod at all open liclaiDOS of the board which deal with any matter which concerns that respondent?
Paamino and object to an introduction of real and documentary evidence, including written ststements?
Object to the testimony of witnesses and cross-eaamine witnesses other than his own?
Call witnesses and otherwise introduce evidence?
Testify as a witness?
Make or have his counsel make a final statement or argument Tpare 5.9, Ali 15-6)7 •

-united, did the recorder assist the respondent in obtaining evidence in possession of the Government and in
ling for the presence of witnesses tiara 5-86, AR 15-6)7

all of the respondent's requests and objections which were denied indicated in the report of proceedings or in an .dos= or exhibit to it (pare 511, AR 15-6)7
YBS NO NA'
x
3603

DOD-015557

(1gating officer) (board ., having carefully considered the evidence, finds:
, • „And= for Record, Findings and Recommendations, Enclosure IV c.

. . •cSECTION V - RECOMMENDATIONS &era 341, AR 15-1S: dew of the above findings, the (Fnvottigodni qfficer) (board) recommends: .
Memorandtim fOr Record, Findings and Recommendations, Enclosure IV
0
(
S .•¦¦.
SECTION ft-IA.442MMli tba •
ITS RETORT OF PROCEEDINGS IS COMPLETE AND ACCURATE. (Iam voting member or the recorder fails to sign here or in Section VII [fry .."Te the reason in the space where his signature should appear.)
(Member) Wernher)

Needed Wernher)
MI& SECTION VII. MINORITY REPORT mare 3-13. AR 156)
-
the extent indicated in Inclosure c, the undersigned do(es) not concur in the findings and recommendations of the board.
the Enclosure, identify by number each finding and/or recommendation in which the dissenting member(s) da(es) not concur. State thesons for disagreement. Additional/substitutefindings and/or recommendations may be included in the inclosure.)

Wernher) • (Member)
SECTION VIII - ACTION BY APPOINTING AUTHORITY (pane 2.3, AR 154)
•findings and recommendations of the (Trivistigating officer) (board are {approved) feEmopreveri) (appmed with following ecceptiofts/
*dims), f the appointing adsorb, returns the proceedings to the investigadng officer or board for further proceedings or
Table action, attach that correspondence for a summary, oral) as a numbered inclosure.)

64
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0 3605

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DEPARTMENT OF THE ARMY
HEADQUARTERS, STH SPECIAL FORCES GROUP (AIRBORNE) -
S210 INDIANA AVENUE
FORT CAMPBELL, KENTUCKY 422254214

REPLY TO
ATTENTION OF .
c
AOSO-SFA-CO 16 April 2002
MEMORANDUM FOR RECORD
•SUBJECT: Findings and Recommendations, AR 15.6 Investigation, circumstances surrounding
reports of inappropriate or unauthorized pictures of Detainee Johnny Walker Lindh

1. Effective 10 April 2002, I was appointed as an investigating officer to conduct an informal investigation into the facts and circumstances surrounding reports of inappropriate or art unauthorized pictures of Johnny Walker Lindh (See Exhibit A) taken by members o at Mazer-e-Sharif, Afghanistan, on or about 7 December 2001. I conducted my investiganon accordance with Army Regulation 15-6. I investigated the circumstances pursuant to Article 93, Cruelty and Maltreatment, of the Uniform Code of Military Justice (UCMJ), and Article 89, Humane Treatment of Prisoners, Field Manual 27.10, The Law of Land Warfare.

2. After having carefully considered the evidence, I make the following findings based on facts
.c.c
relevant tothe .c.c. .
.c- A. I find that.thadetainee, Johnny Walker Lindh, was 'treated huniariely in accordanCe with -
the Uniforin Code of Military Justice and the Law of Land Warfare, pursuant to Article 93 of the
.UCMJ, Cruelty and Maltreatment, and Article 89 of The Law of Land Warfare, Humane

-. Treatment of Prisoners. I make tills finding in light of the following facts: c.. • . • •c....b P----,,.-..... . .
-• •.1) When cwas given custody of the detainee, he was not capable of walking c' own power, and was carried in on a stretcher. When the detainee left the custody . of his health had improved to the point where he could walk under his own power (See
• Exhibit I( •cb 3..... - "D.:... . .. ..
. . • . .

.c .
2) The OA members guarding the prisoner had been given specific instructions and . guidelines regarding their. manner of treatment to the detainee. They were instructed to provide ­food, water, medical treatment, and shelter for the detainee (See Exhibits C, ..1, K, M, N, 0, P,c•
. .
Q).
3) All soldiers oncwho came in contact with the detainee during his period of
captivity in their charge treated him in an excellent Manner (See Exhibits K, M, N, 0, P, Q, S,
T).

013606
4) The soldiers caring for the detainee made an effort to ensure the detainee's level of care was better than the level of care afforded U.S. soldiers in Mazar•e7Sharif (See Exhibit y, K,P, Q) /
•.c41WILLIZAdOidtimegb
AOSO-SFA-CO
..""\ SUBJECT: Findings and Recommendations, AR 15-6 Investigation, circumstances surrounding reports of
•is/ inappropriate or unauthorized pictures of Detainee Johnny Walker Lindh

5) The detainee was afforded medical attention whenever he so desired (See Exhibits B, P, N, S, T)
6) The ODA supplemented their medical treatment plan with the augmentation of the 3dBattalion Surgeon as the primary medical care facilitator for the detainee (See Exhibits J, 0, P,
fook_e.
7) The battalion geon assessed that the detainee's health improved significantly whilein the custody o c(See Exhibits 8, '11).
8) The battalion surgeon maintained a log of all medical care administered to the
detainee (See Exhibits 8, T),

9) When the detainee found the cold discomforting, the ODA provided a space heater forhis cell to provide him warmth (See Exhibits N, P, Q).
10)The detainee was given food to eat whenever he so desired while in the custody of111111(L
ee Exhibits B, P).
• 10
• 11) At a minimum, the detainee was fed three times per day while in the custody of
IIIIIIIP(See Exhibits J, M, Q, S).
12)The ODA maintained an official log concerning the care and treatment of the
detainee while in custody (See Exhibits B, K).

13)The soldiers charged with guarding the detainee were• limited to talking to the
detainee about your specific subjects: medical treatment, food, water, or relieving bodily
functions (See Exhibits C, J, K, N),

14)The detakee was given the opportunity to relieve himself six times on record duringhis captivity bycWhen the detainee defecated in the bucket provided, ODA memberscleaned out the • uc at in rder to maintain sanitary conditions for the detainee (See Exhibits B,IC, 0):

15)Twice when requested by the detainee, the ODA*affordedlim the opportunity to
pray in accordance with the customs of his religion (See Exhibits B, K),

16)The detainee was afforded a visit by the International Red Cross within 24 hours ofbeing taken into captivity (See Exhibits B, J, L, 0),
17) The detainee was given the opportunity to bathe, and given a new set of clothes to
wear (See Exhibits K, N).

013607

„40XONTIOIMMEFONablats.
AOSO-SFA-CO
SUBJECT: Findings and Recommendations, AR 15-6 Investigation, circumstances surrounding reports of

.4nappropriate or unauthorized pictures of Detainee Johnny Walker Lindh
. )
' B. I find that the photograph was not distributed beyond members on the ODA who

participated in the photo, or those on battalion staff who initially discovered the photo two
months later, after it was deleted, The photograph was not distributed with the intent of
emvarrassing the detainee, or to bring discredit to the Character of the detainee in public. I make
this finding in light of the following facts:'•

.c.
1) According to eyewitness accounts, the photograph was not distributed beyond
members on the ODA who participated in the photo, or those on battalion staff who initially
discovered the photo two months later: There is no evidence of a mass distribution of the photo,
and there are only 16•members of a battalion of 350 who have seen the photo (See Exhibits C, D,
E, F, G, FI, I, J, K, L, M, N, 0, P, Q, R, U, Nr, W)• • •

2) The soldiers involved in taking the picture did not take the photograph in a public
forum for the purposes of ridicule (See Exhibits K, M, N, 0, P, Q).

3) The inscription on the detainee's blindfold was taken off before the detainee left the
confines of his cell, No one outside of those in the photo and the photographer saw the
inscription on the blindfold (See Exhibits K, 0).

4) The detainee was never aware of the inscription that was written on his blindfold
. (See Exhibits K; M, N, 0, P, Q)•

•c.- f .. . '5) The detainee was not blindfolded for the purposes of taking the photograph with the inscription. Blindfolding is a standard operating procedure for moving the detainee from onec-point to another, to prevent him from escaping, andfrom knowing his whereaboUts for the future safety and security ofptiollte ODA was in the process of moving the detainee (See Exhibits K, M, N, 0, c•cb. ;1.,c )D —14 /
6) After the photo was taken and initially viewed by the ODA members, CP
the Detachment Commander, and MScthe team sergeant, came to the conclusion that
photo could be taken out.of context by any c cobserver. of the photo who wasn't present
when the photo was taken. They subsequent' deleted the photo in order to prevent
dissemination as a means to prevent the phot from being taken out of context (See Exhibits J,

K).c 4-
7) Tiie detainee was never referred to as "Sh, tbeacr' Verbally by any of the ODA
members through the duration of his detention in their custody (See Exhibit K).

8) The detainee did not show expressions of mental anguish while the photo was being
taken (See Exhibits A, L, Q).

9) The detainee showed no signs of being bothered or discomforted by the taking of
the photograph (See Exhibits A, L, Q). •

-
FORIYETICIALTIBTONLAL
AOSO-SFA-CO
SUBJECT; Findingi and Reconunendations, AR 15.6 Investigation, circumstances surrounding reports of
inappropriate or unauthorized pictures of Detainee Johnny 'Walker Lindh
10) This photograph was taken while taking a series of photogra ihs used forpurpose of historically documenting the captivity of the detainee while ' s ccustody,not for the specific intention of disrespecting the detainee (See Exhibit J, K, M,
• C. I find thai the service members that participated in the photograph and the soldiers wholater discovered the photograph did not intentionally withhold the photograph from being turnedover to the chain of command when asked to submit all documents; photographs, and materialrelating to the detainee. I make this finding in light of the following facts: c.
1)The photograph was deleted from the ODA's program files on 9 December 2001,two days after the photo was taken. This was five months prior to being directed by the chain ofcommand to band the photos over for the detainee's court case (See Exhibits K, M, N, 0, P, (2).
2) The photo was discovered on a computer belonging to Delta Company, 3d Battalionin February of 2002. This was two months prior to being directed by the chain of command to hand photos over for the detainee's court case (See Exhibits G, H, L). c• •
3) The photo remained undisclosed•when discovered in February, when those on thebattalion staff who made the discovery realized,that the photo could, e taken out of context.
. This was two months previous to the order from the chain of command to turn aver alldocuments, photographs, and material relating to the detainee's court case. No order to turn overphatosi docurrients; or material regarding the detainee's court case had been given previous to •April (See Exhibits B, 0, 1).
4) No soldier who saw the photograph or participated in the taking of the photographknew of anyone who had destroyed the photograph for the Specific purpose of hiding evidence •for a court case.(See Exhibits C, D, I, K, M, N, 0, P, Q)

5) The chain of command received a directive in the first week of April to tun over alldocuments, photographs, and Material relating to the detainee's court case. The chain ofcommand immediately and willingly handed over the photo in.question (EXhibit A) withoutdelay, fully understanding the impact the photo may have if taken out of context (See ExhibitsC, D, E, F).
3. The soldiers who participated in the taking of the photograph, while consistently performing their duties in a professional manner through the duration of the detainee's captivity in theircharge, displayed a momentary lapse in judgement, These soldiers immediately recognized theirmistake upon viewing the photo, and took steps immediately to correct their mistake bydisposing of the photograph. These soldiers routinely performed their duties in excellence in regards to the care and treatment of the detainee while in their custody. Based on the findings, Imake the following recommendations:
013639

jig

•FOR6OFFI
CIAMISEVAL..,
AOSO-SFA-COc SUBJECT: Finding's and ReCommendations, AR 15-6 Investigation, circumstances surrounding reports of
inappropriate or unauthorized pictures of Detainee Johnny Walker Lindh
A. I recommend no charges be brought against the soldiers in accordance with the UCMY,pursuant to Article 93, Cruelty and Maltreatment.
B. I recommend a command policy be established outlining the guidelines and context inwhich all photographs should be taken in anticipation of being used for documentation ofhistorical record or other purposes of legal significance.
4. POC is the undersigned at DSN 63 5 6-.74.,
;SF Investigating °acer
0136 1 0

BATES PAGE 13611 HAS BEEN WITHHELD IN ITS ENTIRITY PURSUANT TO FOIA EXEMPTIONS 6 and 7, 5
U.S.C. Section 552(b)(6) and (b)(7)(C).
Photos depicting Americans
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013621

Virtitememousrommo
*SWORN STATEMENT
For use of this form, see AR 190-45; the proponent 'annoy is ODCSOPS
CATIONc DATEcTIME FILE NUMBER

SFG(A) HQ, FT Campbell, KYc 11 April 02c1555
NAME, MIDDLE NAME

GRAPE/STATUS
6 6-4 b3- e--•05/1.TC
ORGANIZATION OR ADDRESS
3d BN, 5th SFG(A), FT Campbell, KY 42223 66-41.

-
,
1,111111111111. bc"41 \c7 C. -WANT TO MAKE THE FOLLOWING STATEMENT UNDER OATH:
Q1) Under what circumstances were you first made aware of the photograph?
Al) I first saw the photograph when my S3 brought me the photo to show me when we were turning over documents and
pictures as part of a court order relative to the detainee's case.. The S3 needed to make me aware of the photo.

Q2) When were you Erst made aware of the photograph? •
A2) Last Thursday the 4th of April, or Friday the 5th of April, approximately.

Q3) Did anyone give you an explanation of why the photograph was ~aloin? co _ 1-4
....••¦••••••••••
A3) Not at that time. Later when MSG cas called into be counseled in regards to the nature of the photo, he
explained that it was a team photo that should have never been taken.
Q4) • in light of the Inscription on the blindfold, did you personally advise or counsel anyone in regards to the nature of the
inscription?c-
ch 6 -9- / ID -R- e_ - 4

A4) -Yes, NfSGIIIIIIIri told him it was the most stupid and juvenile thing I hive seen in a long time, that this kind of-"?...- 1,Diff comes backcUM us that he gets paid to think, and he used exceptionally poor judgement in this matter. He thought he

•.
:lti destroyed the photograph, earlier, wae there was a court order requesting documentation,. and asked me where I got
I told him from the S3 archives. MSGcordinarily an epeptional NCO, this was , a mon:it:ataxy lapse in judgement, •
• •c• . • . •c. b 16— L4-I 1'0 -3— 0.-- — tit. . • ic
.

Q5) Did you give specific instructions on the treatment, care, and handling of the prisoner? What were those instructions? -.
A5) Yes, I instructed that the detainee will be treated appropriately, that he would be medically examined, and that he will be

maintained under 24 hour surveillance. RADM CallankSOCCENT -Conithander. took. an active interest m this matter. c. -
Q6) Based on your knowledge and experience, how do feel the prisoner was treated overall?
A6) The detainee was treated exceptionally well.

Q7) • Do you know of anyone else who saw the photo? If so, who?
A7) Only the teara .and the S3 as far as I know.

Q8) Do you have any knowledge concerning the intentional deletion of the photo for the purpose of destroying evidence?
A8) No, absolutely not. That is the specific reason why we did not delete the photograph. •

EXHIBIT INITIALS OF PERSON
PERSOt0G STATEMENT PAGE 1 OF 2 PAGES()
. ADDITIONAL PAGES MUST CONTAIN THE HEADING 'STATEMENT 0 - •TAKEN AT . DATED CONTINUED.'
'E BOTTOM OF EACH ADDITIONAL PAGE MUST BEAR THE INITIALS OF THE PERSON MAKING THE STATEMENT AND BE IMTIALED
AS 'RAGE OF PAGES,' WHEN ADDITIONAL PAGES ARE UTILIZED, THE BACK OF PAGE 1 WILL BE LINED our, AND THE _
[STATEMENT WILL BE CONCLUDED ON THE REVERSE SIDE OFANorHER COPY OF THIS FORM.

DA FORM 2823, JUL 72 . SUPERSEDES DA FORM 2823.1 JAN SEli WI41C1-1 WILL REUSED. USAPPC
-GriaRtawahErAsivoew

•••=1•11.1•1!I
r
STATEMENT IContinuer4
r•—• -
)) Do you 'mow of any material that was intentionally eliminated? A9) No we turned everything over that we had. The keypoint here is that we turned over this photo even though it was
embarrassing.
Q10) Do you have anything else to adcrc .
A10) Nothing.

1/11111111111111111 1111111fflifill111111111111111111111111NOTHINGFOLLOWS1101011110111111111101111111111111lifillfflfflf
AFFIDAVIT
I, ....:------., HAVE READ OR HAVE HAD READ TO ME THIS STATEMENT
WHICH BEGINS ON PAGE 1 AND E DS ON PAGE ....2,_. I FULLY UNDERSTAND THE CONTENTS OF THE ENTIRE STATEMENT MADE
BY ME. THE STATEMENT IS TRUE. I HAVE INITIALED ALL CORRECTIONS AND HAVE INITIALED THE BOTTOM OF EACH PAGE •
CONTAINING THE STATEMENT. I HAVE MADE THIS STATEMENT FREELY WITHOUT HOPE OF BENEFIT OR REWARD, WITHOUT
THREAT OF PUNISHMENT, AND WITHOUT COERCION, UNLAWFUL INFLUENCE,

menti
ID / 19-4 c.—Li
WITNESSES: Subscribed and sworn to before me, a person authorized by law to
c,
administer oaths, this II • , day of /We"( (Da_
c.
crii?C544-1-
ORGANIZATION OR ADDRESS ". ethl
tp oL
-
f pe 8M0 0 ministering Oath! 0 1
•.
b (12 d, x5-6 . 3623
; ORGANIZATION OR ADDRESS fAcithenty To Administer Oatirsi
INITIALS OF PERSON MAKING STATEMENT
PAGE 2 OP 2 PAGES f.,.1t)

4011#02FFICrArtiolliY,;_ SWORN STATEMENT - •
For use of this form, see AR 190-45; the proponent aency Is °Down •
i
CATION DATE TIME

FILE NUMBER
3/5 spo(A) BLDG 3214, FT. CAMPBELL KY 42223 11 APR 02 c1715
Nem NAME SOCIAL S

GRADE/STATUSc• -bL0 -14 c. • MAIc
.
ORGANIZATION OR ADDRESS
HHD, 3/5 RO(A), PT. CAMPBELL, KY 42223 b7e-L-1 . •

-.c. .
b (0-141
. WANT TO MAKE HE FOLLOWING STATEMENT UNDER OATH:
Ql. Under what circumstances were you first made avtarecotoch? •cLo -c . .
. c--c
•c•c'-
Al. I first saw the photograph while the US Attoraey, Ielr.. cwas at FL CamPbell t. KY inteiviewing perionuel
about their interacnons with Mr. cin mid-February.• The p otograp was Shown to me while discus ' the • •
classification of digital photo* cthat 3ed EN was providing to the pmsecutori. I concurred with the 52,
and D. Co. Commander,cthat the photograph should not be turneclover to prosecutors since our

cooperation at this time w c'ctly vocr y. and were ncer orders to produce the document.
-
-
• • - iv 4. Katc\ Dip -4..7- c - 4.... . . ..b te;•L-t-l-
Q2.Whenwere. yo-u first made aware of the photograpo . .
A2. In mid-February 2002. See response to question 'I.
Q3. Did anyone give you.an explaeation of why The photograph was taken? •
A3. No. • - ..c-
Q4. In light of the inscription. onthe blindfold, did you personally cOunsel or advise anyone in regards to the nature of the
lasctiption?
A4. No. At the time that I became e aware of the photograph, the personnel responsible for it were still deployed. •
Q5.Did you give specific instructions on the treatment, care, and handling of the detainee? What were those instructions
AS. No, I did not give any specific instructions on the treatment, care, and handling of the detainee.
Q6.Based on your knowledge and experience, how do you feel that the '-detainee was handled overall? • • • .
•• 46. Based on my latowledge and experience, the detainee received exemplary treatment. He received food. seater, shelter, •
. :end medical treatment equal to that of any US Soldier in Mazar-e SharifHe was not abused in any way, whatsoever. .

,
. .
• • ..c•c •c.. •c
• .
Q7: Do you how of anyone else who saw. the photo? Digiml copy or physical copy? If so, Wit ? c• 'c• .
AT. 'Ile only personnelccan recall stating that they had seen thephotogaph were C cCPTc

'Both hadseen it in digital format. When 3rd lieldia.
d the instructions from the DOD Genera c,.I personally s wed a hard •copy of the four photographs to Vir
b G -141
Q8..Do you have any knowledge of the intentional deletion of the photograpl•tor purpose of destroying evidence?. •
A8. NO.c.c. .
Q9. Do you know of any material That was intentionally eliminated? •
A9. NO,
Q1O. Do you have anything else to add? c . .c . . .c.c.
A10. Yes. While I believe that the picture may be a mild embarrassment to the Special Forces community; it constitutes
nothing more than a momentary lapse in judgement on the part of the detaclutent involved: No harm; physical or -
psychological, was done to the detainee and I believe that the sentiment conveyed by the inkription is certainly shred by the
vast majority of Americans. In light of the fact that this man was an American citizen who war fighting for an organization

that killed nearly 3000 innocent American citizens and Was attempting to kill more, I think it is a testament to the discipline
and training of thete American Special Forces soldiers that this inscription, written on a piece of tape, is the worst thing that

happened to the detainee while in their custody. c•
bto -4tb74--
EXHIBIT • • INITIALS
SO KING STATEMENT PAGE 1 OF 1 PAGES. cm.
624
ADDITIONAL PAGES MUST CONTAIN THE HEADING "STATEMENT OF
TAKEN AT _ DATED
CONTINUED.'
. THE 80770M OP EACH ADDITIONAL FAGS MUST' BEAR THE INITIALS OF THE PERSON MAKING THE STATEMENT AND BE INITIALED AS
'PAGE OF
PAGES.' WHEN ADDITIONAL PAGES ARE UTILIZED, THE RACK OF PAGE 1 WILL OE LINED OUT, AND THE
STATEMENT WILL BE CONCLUDED ON THE REVERSE SIDE OF ANOTHER COPY OF THIS FORM.

DA FORM 2823, JUL 72 SUPERSEDES DA FORM 2823, 1 JAN 68, WHICH WILL as Liege usAppe, ru, 7n cl
STATEMENT (Continued/
..•
La 7 14
AFFIDAVIT
• I.
, HAVE READ OR HAVE HAD READ TO ME THIS STATEMENT WHICH BEGINS ON PAGE l'AND ENDS ON PAGE .
I FULLY UNDERSTAND THE CONTENTS OF THE ENTIRE STATEMENT MADE
BY ME. THE STATEMENT IS TRUE. I HAVE INITIALED ALL CORRECTIONS AND HAVE INITIALED THE BOTTOM OF EACH PAGE
..
CONTAINING THE STATEMENT. 1 HAVE MADE THIS STATEMENT FREELY WITHOUT HOPE OF BENEFIT OR REWARD, WITHOUT THREATOF PUNISHMENT, AND WITHOUT COERCION, UNLAWFUL INFLUENCE, OR UNLA .
ao.b-4-a-14
WITNESSES : . Subscribed end sworn to before me, a parson authorized by law to administer oaths, this I I day of WRAL.&et,
. .
at f 13g,LL\ WY' — ,
ORGANIZATION OR ADDRESS
Oath) .
pe. rru wing Oethi
Ig -0 3625
?ORGANIZATION OR ADDRESS fAuthOrity To Administer Oaths)
INITIALS OF PERSON MAKING STATEMENT [ PAGE. OF PAGES -7D
DOD-015579

FREINNWMKOPPffr"
For use of this form, see AR 19046: theproponent a encu is ODCSOPS
LOCATION

DATE TIME FILE NUMBER
Port Campbell, KY 15 Apr 02 1318
NAME, MIDDLE. NAME SOCIAL

GRADE/STATUS •
blam- 4 -c -1
04 ORGANIZATION. OR ADDRESS
3d. EN, 5th SFG(A), FT Campbell, KY 42223 b "4-
10 to -41

1,
, WANT TO MAKE THE -FOLLOWING STATEMENT UNDER OATH;
I) After the photograph was deleted by the ODA back in early December of 2001, who discovered the photograph and

brought it to your attention?
ANSWER: I do not know•who discovered the hotograph. In mid-February 2002, it was brought to my attention by CPT

and CPT lir while CPTc
as reviewing a CD of photos for classification, The CD was being
vo unta
untarilycded tb protec gc ,th
prosecutors who w gatherin information to aid in e prosecution of Mr. Walker. .
44,-44(
2) Where was the photograph discovered and how?
ANSWER: I believe the photogra h was on one of the laptop computers Used in the operations center and was copied to a.
CD. Again, I believe that CPTcrst noticed thephotograph while reviewing the contents of the CD for appropriate

classification.c

b co -4 / e_ -
3) When was the photograph discovered? c• ANSWER: In mid-February 2002. I am uncertain of the exact date butt coincided with the visit of the prosecutors and the
FBI agents. .c •

4) Wheispecifically weii you' ordered to turn in all documents and photos for a liepartment of Justice court case?
ANSWER: On Thursday 04 April 2002, upon receipt of the memorandum from the DOD General Counsel.

5) . Who were the photos distributed to upon discovery?
ANSWER.: I gave a printed copy of the photographs to LT . To my knowledge, no electronic copies of the

photograph were distributed,

-• .0) Do you have anything else to add? 10 to- t4 / to sq-e_
NSV&R: NOc. •

6 Lg — 14 b
[EXHIBIT .
. INITIALS OF AKING STATEMENT . •
..
PAGE 1 OF J PAGES •

• ADDITIONAL PAGES MUST CONTAIN THE HEADING 'STATE TAKEN AT— _DATED CONTINUED. • .
_II InOnn
THE BOTTOM OF EACH ADDITIONAL PAGE MUST SEAR THE INITIALS OF THE PERSON MAKING THE STATEMENT AND BE INITIALED L ,) v 4, v
I 'PAGE OF • PAGES,' WHEN ADDITIONAL PAGES ARE UTILIZED, THE BACK OF PAGE 1 WILL BE LINED OUT, AND THE

TATEMENT WILLBE CONCLUDED ON THE REVERSE SIDE OF ANOTHER COPY OF THIS FORM.
DA FORM 2823, JUL 72
SUPERSEDES DA FORM 2823, t JAN 68, WHICH WILL BE USED. , USAPPC V2.00
Orb
DOD-015580
SWORN STATEMENT For use of this form, see AR 190.45; the proponent ai)eney_is ODCSOPS
OCATION DATE TIME FILE NUMBER
• j3/5SFG(A) HQ, PT Campbell, KY
GRADE/STATUS MAI/ SF ORGANIZATION OR ADDRESS .
3d BN, 5MSFG(A), FT Campbell, KY 4/921 b 142-4 i-f
L .
mANINFBIEV.
WANT TO MAKE THE FOLLOWING STATEMENT UNDER OATH:
1) Under what circumstances were you first made aware of the photograph? c-
-0/A 4 April 2002, LTCc

the commanders and his cstaff into his office to inform us Of the directive
to supply all documents and atiiamation pe cto the Johhy alker case. At that time, I first saw the photOgraph as
the S3 handed it over to LTC
2) When were you first made aware of the photograph?
-0/A 4 Apiii. c, •

3) Did anyone give you ane lanati b L2-41 bl-e-
-Yes. I spoke with MSGcediately after getting outcHe stated to me the photo was merely a team • •
photo taken prior to handing over Walker o thecprocessing. The photo-was meant to be humerous and had no
M Intent. After seeing the photo, MSGcit could be taken in the wrong manner by. someone not aware of the
circumstances and ordered the team to 'delete the photo. At the time, to his knowledge, the photo was deitled.4) In light of the inscription on the blindfold, did -you personally advise or Bel anyone in regards to.the nature of the
inscription? .c..-c- .
b Le -,4 7-e. --,-/.•
-Yes. As one of my team sergeants, I told MSGc
the should havecbetter judgement on writing that inscription on
the tape and taking the photo. Regardless of the intent at the time, anyone who saw the photo could take it out of context andtwist it to mean any number of things. Their otherwise superb and professional performance could be erased ray one minordiscretion, I instructed him to cooperate fully with any futurerequests for information or any other inquiries, which he has.
5) -Did you give specific instructions on the treatment, care, and laindling of the detainee? What were those instructions?
-No. I was not present at thief location.
6) Based on your knowledge andeverience, how do feel the detainee was treated overall?

.; Based on my knowledp, I think the team treated Walker very well and very professionally. He received better living
••• • . :conditions than many of the other US soldiers. c•
• .'7) Do you lmow of anyone else who saw the photo? Digital copy or Physical- Copy? If so, who? No. .8) Do you have any knowledge concerning the Intentional deletion of the photo for the purpose of destroying evidence? No. -
9) Do you know of any material that was intentionally elintinated? No.-. c- :c.
10)Do you have anything else to add? No.
onmoommummomnionullwomoromit4Gromowsumummullapilowounimininamta
EXHIBIT PERSON MAKING STATEMENT PAGE 1 OF PAGE() 1 36 27
ADDITIONAL PAGES MUST CONTAIN THE HEADING °S ENT OF _TAKEN AT D,4 TED—CONTINUED,' THE BOTTOM OF EACH ADDITIONAL PAGE MUST BEAR THE INITIALS OF THE PERSON MAKING THE STATEMENT AND BE INITIALED AS ',PAGE OF PAGES,' WHEN ADDITIONAL PAGES ARE UTILIZED, THE BACK OF PAGE WILL BE LINED OUT, AND THE STATEMENT WILL BE CONCLUDED ON THE REVERSE SIDE OF ANOTHER COPY OF THIS FORM.
nw re%rt ¦ • AAPIO uii nn ­
4-
DOD-015581
STATEMENT (Continued) ..... ' .. ..;. )
AFFIDAVIT
I,
HAVE READ OR HAVE HAD READ TO ME THIS STATEMENT WHICH BEGINS ON PAGE 1 AND ENDS ON PAGE .
. I FULLY UNDERSTAND THE CONTENTS OF THE ENTIRE STATEMENT MADE
BY ME. THE STATEMENT IS TRUE. I HAVE INITIALED ALL CORRECTIONS AND HAVE INITIALED THE BOTTOM OF EACH PAGE
CONTAINING THE STATEMENT. I HAVE MADE THIS STATEMENT FREELY WITHOUT HOPE OF BENEFIT OR

REWARD, WITHOUT
THREAT OF PUNISHMENT, AND WITHOUT COERCION, UNLAWFUL INFLUE CEMENT. • -
rIF
ng Statement)
WITNESSES: '6 .Lut 1V4-L Subscribed and swam to before me, a .pereon authorized by law to administer oaths, Vila Zth day of cApril c, la 02 at FT Campbell. KY
ORGANIZATION OR ADDRESS •
Oath)
MAJ SF
Administering Oerh1 1°6'8
0 4,
IC), AR 15-6
ORGANIZATION OR ADDRESS

/Authority To Administer Oaths)
INITIALS OF PERSON MAKING STATEME
3-13
rim( PAGE 2 OF 2, MGM
DOD-015582
TOR-OFFICTA-t118E-0.Nirit•
SWORN STATEMENT

For use of this form. see AR 1E4045; the proponent age flats ODCSOPS
••ATION DATEcTIME FILE NUMBER

Adios 3216 Ft Campbell, KY 42223-6214 15 APR 02c1400
AS ME, minot.g NANIE SOCIALc GRADE/STATUS
b LD-LI I b+c_ -0-3/CPT

ORGANIZATION OR ADDRESS •
3d BN, 51.11SFO(A), FT Campbell, KY 42223 Lp
"t
1111111111111W
, WANT TO MAKE THE FOLLOWING STATEMENT UNDER OATH;
1)After the photograph was deleted by the ODA back in early December of 2001, who discovered the photograph and
T
brought it to your attention? The 5-2, CPTcbrought the photo to my attention when I requested that he review photos
being given to the Walker' prosecution team. ce time frame wrintlin middle of February.Li-. -
2) Where was the photograph discovered and how? A disk con ' 'as photos pertaining to the Walker case was compiled at
the request of the Justice Department, the photos came from a variety of sources, but primarily from a computer used by 3rd
En Support Center personnel. 3) When was the photograph discovered? The middle of February 4) When specifically were you ordered to turn in all documents and photos for a Department of Justice court case? 04 APR
02 was when I first became aware of the court order to turn over any photos or documents as part of the government's
discovery obligation.c.
5) Who were the photos distributed to upon discovery? When the photos were brought to my attention I instructed the S-2 to

delete them. We did not distribute them, c.
6)Do you have anything else to add? It was my decision to delete the photos in February,. I did not inform anyone else about

the photos at that time. When LTCcd the photos In his pos sion at thetegnuung of April., I told him that I had

seen those photos in February and •ccted the S-2 to delete them c

. [0(.0-4 Lbl— e_. —(1.
4.9W c7,0.4" 7",,,reelreir — ---- -..
106 1-t-1 -c•
013629
EXHIBIT INITIALS OF PERcINGSTATEMENT
PAGE 1 OF / PAGES
.ADDITIONAL PAGES MUST CONTAIN THE HEADING "STATEMENT TAKEN AT DATED CONTINUED,' THE BOTTOM oF EACH ADDITIoNAL PAGE MUST BEAR THE INITIALS OF THE PERSON MAKING TWE STATEMENT AND BE INITIALED AS "PAGE OF PAGES.' WHEN ADDITIONAL PAGES ARE UTILIZED, THE RACK OF PAGE 1 WILL BE LINED OUT, AND THE
74
STATEMENT WILL BE CONCLUDED ON THE REVERSE SIDE OF ANOTHER COPY OF THIS FORM.
. . . _.
•••• ?'"Iii
DOD-015583
STATEMENT (Continued) .
AFFIDAVIT
HAVE READ OR HAVE HAD READ TO ME THIS STATEMENT
WHICH BEGINS 0 AGE 1. AND ENDS PAGE
. I FULLY UNDERSTAND THE CONTENTS OF THE ENTIRE STATEMENT MADE
BY ME. THESTATEMENT IS TRUE, I H VE INITIALED ALL CORRECTIONS AND HAVE INITIALED THE BOTTOM OF EACH
PAGE
CONTAINING THE STATEMENT. I HAVE MADE THIS STATEMENT FREELY WITHOUT HOPE OF BENEFIT OR REWARD, WITHOUT'THREAT OF PUNISHMENT, AND WITHOUT COERCION, UNLAWFU T.
(Srgnetu.

'a g Statement/
WITNESSES:
Subscribed and sworn n afore me, a person authorized by law to administer oaths, thiscday of ne-4 L , 19 c at
ORGANIZATION OR ADDRESS
tura o Person g Oath/ •
630
(1,1 A .5"V (Type'ems o Person A mrn ering Oath
o Ale. 15-C,
IGANIZATION OR ADDRESS
(Authority To Administer Oaths) •
— ;
INITIALS OF PERSON MAKING STATEME
ei"r•
DOD-015584

SWORN STATEMENT
For uee of this form,- Dee AR 19045: the proponent e9ency is ODCSOPS
CA TIONc DATEc
s
TIME FILE NUMBER
'LAG 3213 F7 Campbell, KY 42223c 15 APR 02c1650

NAME, MIDDIE NAME SOCIAL SE
SE
GRADE/STATUSc•b -`I -03/CPT ORGANIZATION OR ADDRESS
1
3/5 SFG(A), Fr Campbell, KY 11{,0,1--114 1197c_ —(1
I, b 6- ut l i:71c_ -1-1-
c
I WANT TO MAKE THE FOLLOWING STATEMENT UNDER OATH: 1) In regards to the photograph of the detainee with the•nscription "shithead" written on the blindfold; In addition to thecomputer that the photo was discovered on and the CD that it was copied to are there any other CDs or other recordable media
that you know of that leave this specific 'cture on it?
TO the ben ofmy knottledge, no. c• 10 le —4 \ 69-e_ —q
11111111111111111111111111111111111111111
111111111111ENDOR STATEMENT1110111111111111111111111111111111111111111111111111111111
.".
013631
EXHIBIT
INITIALS OF Pc!NG STATEMENT
• PAGE 1 OFcPAGES
ADDITIONAL PAGES MUST CONTAIN THE HEADING
°STATE TAKEN AT DATED CONTINUED,' THE BOTTOM OP EACH ADDITIONAL PAGE MUST BEAR THE INITIALS OF THE PERSON MAKING THE STATEMENT AND BE INITIALED AS 'PAGE OF • PAGES." WHEN ADDITIONAL PAGES ARE UTILIZED, THE BACK OF PAGE 1 WILL BE LINED OUT, AND THE
`•-••1-te
STATEMENT WILL BE CONCLUDED ON THE REVERSE SIDE OF ANOTHER COPY OF THIS FORM.
.7ATEMENT (Continued)
L -Lf
AFFIDAVIT
c HAVE READ OR HAVE HAD READ TO ME THIS STATEMENT cWHICHcBEGINS-ON-PAGE-1-AND-ENEIS-ON-FAGS--____;4.EULLY UNDERSTAND THE CONTENTS OF THE ENTIRE STATEMENT MADE BY ME. THE STATEMENT IS TRUE. I HAVE -INITIALED ALL CORRECTIONS AND HAVE INITIALED THE BOTTOM OF EACH PAGE--— CONTAINING THE STATEMENT. I HAVE MADE THIS STATEMENT FREELY WITHOUT HOPE OF BENEFIT OR REWARD, WITHOUT THREAT OF PUNISHMENT, AND WITHOUT COERCION, UNLAWFUL INFLUENCE, OR
).0-
(Signature ci Statement'
WITNESSES: Subscribed end sworn to •afore me, a person authorized by law to administer oaths, this 15th day of cApril cg 02 at Fr Cam bell IC
ORGANIZATION OR ADDRESSc66 new min ring Nth)
MA 'S
0 13632
(Type sen dmin7stering Ohn)
10, AR 15.6
c
ORGANIZATION OR ADDRESS (Authority To Administer Oaths!
b.b
w
INITIALS OF PERSON MAKING STATEM
PAGEc..OF
DOD-015586

SWORN STATEMENT
STATtMENT
For use of this form. see AR 19045: the proponent a enoy Is ODCSOPS c
-.cTIME FILE NUMBER• DATEcCATIONc
ort Campbell KY, 1314.3214, room 150 15 April 2002c1530
GRADE/STATUS

E MIDDLE NAVE SOCIAL
bce--It 0-3
-
3d EN, 5th SFG(A), FT Campbell, KY 42223

ORGANIZATION OR ADDRESSc
u ID y-e._-- it c4-/, WANT TO MAKE THE FOLLOWING STATEMENT UNDER OATH: 1) After the photograph was deleted by the ODA back in early December of 2001, who discovered the photograph and
-c• •
brought it to your attention? c
I assume the photograph refered to is the one of John Walker•Lindh standing in a room of the Turkish SchoolRESPONSE.
---- House, Mazar-B Sharif, Afghanistan blindfolded with the tea "SHITHEAD" written across the indfold. All further
returned, a CD wascomments will be in regards to this photograph. Sometime in mid February, shortly after c
-preparing to
to be reviewed prior to release to FBI t resentatives -
brought into my office under the direction of CPT c•
--- ------ --------rr . c
build their case against Walker-Lindh.--;-------------!--c,
1-4-c-t-e- - s -t
2) Where was the photograph discovered and how?clipsclo -- l , :19
.-,-
RESPONSE: I placed the CD in a computer in my office, and looked a all of the photos. c
9) When was the photograph discovered?

RESPONSE: I do not recall the specific date and time but, it was mid-February in the afternoon somatime,-------
.
4) When specifically were you ordered to turn in all documents and photos for a Department of Juitice court ase? c
RESPONSB: I returned from leave on 4 April 2002 and was notified by the Battalion Commander, LT cin .
¦•••••••••••¦•••
regards to Walker.Lindh.--------
formation that the DOJ was collecting all information in c —•: --c
bla7"-Fa
5) Who were the photos distributed to upon discovery? c
RESPONSE: I believe that they were handed over the FBI agents that same day after I reviewed the photos. .---ka- la -Z--4,--6)Do you have anything elk to add?
RESPONSE: Yes. After realizing that the CD had the photo in question on, it, I decided that it would reflect poorly on theunit and our chain-of command. I copied all of the photos onto the computer and deleted the photograph in 'question. I then
created a new CD will all of the photos except the one in question. •then destroyed the original CD, The decision to deletethe photo was mine alone. NOTHING FOLLOWS .

INITIALS OF PER •cG STATEMENT
EXHIBIT
PAGE 1 OF 1— PAGES 0 13633
TAKEN A T DATED.CONTINUED.'
ADDITIONAL PAGES MUST CONTAIN THE HEADING "STATEMENT 0 .ETATEMENT AND BE INITIALED
THE BOTTOM OF EACH ADDITIONAL PAGE MUST BEAR THE INITIALS OF THE PERSON MAKING THE
AS frPAGE OF PAGES.° WHEN ADDITIONAL PAGES ARE UTILIZED, THE BACK OF PAGE 1 WILL BE LINED OUT, AND THE.

[STATEMENT WILL BE CONCLUDED ON THE REVERSE SIDE OF ANOTHER COPY OF THIS FORM. .
n" I CC Herr% USAPPC +12.00
SWORN STATEMENT .
For use of this form, soy AR 18046: the a anent Form is WIMPS TIME FIE NUMBER
DATE
16APR02 GRADEISTATuS
SOCIAL SECU
0-3
.
ORGANIZATION DR ADDRESS
3a ON, 5th SFG(A), FT Campbell, KY 42223
, WANT TO MARE THE FOLLOWING STATEMENT UNDER OATH:
1) Under what circumstances were you first made aware of the photograph? When consolidating photographs from all of our
cameras onto one computer. c . .

• .c.
2) When were you first made aware of the photograph? Mid-December. c

•c.c.
3) Did anyone give you .an explanation of why the photograph was taken? The explanation given was the photograph was
taken. purely for historical reasons and that the photograph was never meant to leave the detachment.

. .c
.c•
4) In light of the inscription on the blindfold, did you personally advise or counsel anyone in regards to the nature of the

' serkation9 I counseled the team members that such a photograph could be taken out of context by someone outside of the
detachmmt and intructed that no other sue photographs were to bce ;
V:26P1- -c.2 c1-r . b .°

5) DidYou give specific inattU tions on the treatment, care ,cmg of the p ' ner? What were.those instructions?c cb (D
B. Those instructions inaluded the initial
Any additional instructions wer -meant to supplement the couni fromc,
the medical treatment given bymedical care by the Baceon, Cac
detachment medic frocnor to him emg accprotection. It do given to begin
alog of all actiona concy the detachrnent and by the detainee. A meeting wic' -. ° -c
Head of
---- Sub-delegation International. Committee of the Red Cross, Mazar-i-sharif, was conclude within-24 hours of the detainee being

placed in our protection. Specific measures were deemed necessary to ensure the detachment's and the detainee's safety based
on Walker's association with. Al-Qaida solders willing to die in any attempt that mightpossibly result in the death or

of Military. SIdIllevel 1 tasks for MOS
wounding of any Coalition individual. The,se measures centered around our memoryy.
m They included the five S's, in particular; Search,---.!: ...9511 Military Police, found in Soldier's Maa] STP 19-95B 1-SM.
.. ... : Igregate, Safeguard, and SilenCe. 'We provided the detainee with three meals a• day while the detachment was limited to two
..- '.... '.als a day in order to mum Walker would have enough food. The detainee was given as much water as he wanted, it was .

Due to the cold weather a special trip was made into downtown Mazar-l-sharif in_..,:..filitailable to him*whenever he asked for it.
were not
`order to purchase an electric heater which would be placed in Walker's room to ensure he was warm.. These heaters
available to all of the 'soldiers ill the buikling at the time, again making his living conditions better than thoSe of the soldiers
A cot was provided for hira to sleep on, and wool blankets were provided after they were taken out of cold
protecting Wm.
weather resupply packs originally inieneded for Coalition Forces. . c.
.c -
6) Based on Your knowledge and experience, how do feel the prisoner was treated overall? Better than the deployed soldiers
taking care of him. .
7). Do you know of anyone. else wh saw the photo? If ab, who? I have heard, but have no other personal Imo

and the Bravo Company, 3rd Battalion Supply Sergeant, Sergeant
the 3rd Battalion S-3, Majorc
had copies of dte photograph' on theircompHers. c
6 10 -4 bl-C...."1.
8) Do you have any knoWledge concerning the intentional deletion of the photo for the purpose of destroying evidence? No.

9) Do you know of any material that was intendonally eliminated? I ordered.thc photograph-deleted when I saw it in
mid-December because I felt that if anyone outside of the team were to see the photo it could be taken out of context. Other

.
than the photograpla do not know of any other material that was intentionally eliminated. c
10) Do you have anything else to add? No .
N 0 T f-10 Cr F. Of, i. 0 i'l
CONTINUED,'
rAxls AT DATED
. . ADDITIONAL FADES MUST CONTAIN THE HEADING 'STAMEN' Of
BE INITIALED AS 'PACE
.
-: YE BOTTOM Of EACIIADDITIONAL MBE Afar BER riff iNIMIts Of THE PERSON MAIONO THE STATEMENT AND
Of PACES," WHEN ADDMONAL PAGES ARE UTILIZED, THEO:ACK Of PARE I iNfil BE LINED 01r, AND THE
• STATEMENT NUDE CONCLUDED ON THE REYEHSE SIDE Df ANOTHER COPY Of TVS FORM
79
INAPFGVIDI
SUPERSEDES DA FORM HU. 1 JAN 68, WHICH WILL RE USED. c
DA FORM 2823, itil, 72
DOD-015588
FOR OFFICIAL USE ONLY
SWORN STATEMENT
For use of this forms see AR 1so-45: the proponent aiencx is ODCSOPS
• •cTIME .cFILE NUMBER
DATEc
11210 .(
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BER cb LAc-Li
09 /RA
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ADDITIONAL PAGES MUST CONTAIN THE HEADING "ST TEMENT OF THE BOTTOM Of EACH ADDITIONAL PAGE MUST BEAR THE INITIALS OF THE PERSON MAKING THE STATEMENT AND BE INITIALED PAGES," WHEN ADDITIONAL PAGES ARE UTILIZED, THE BACK OF PAGE 1 WILL BE LINED OUT, AND THE
AS 'PAGE
STATEMENT WILL BE CONCLUDED ON THE REVERSE SIDE OF ANOTHER COPY OF THIS FORM.

€ 0
. -FOR-OFFICIALVirOICT
.A.M111¦1W.
SWORN STATEMENT
For use of this form, see AR 190-45; the proponent agency is ODCSOPS
cATIoN mit, 2 rA DATE FILE NUMBER

id( •In223 Pg 2 TIM E2? SOcR GRADE/STA
OA ADDRESS (
sil-LCA rrcky (j2 Z2 3 .r 612Scto trAo-R-e
ANT TO MAKE THE FOLLOWING STATEMENT UNDER OATH:
ii\D -601( tvi ty‘ 2 FC111.11111111111P—V.Q:c1:11_
ID) Were *We cokf.iolve 55e S . kA.0 sko Ovoii)yatke . ns
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EXHIBIT INITIALS
RSVsdiAYINial %Are—If PAGEOFcs


ADDITIONAL PAGES MUST CONTAIN THE HEADING 'STA MENT OF TAKEN AT DATED CONTINUED.'


THE BOTTOM OF EACH ADDITIONAL PAGE MUST BEAR THE INITIALS OF THE PERSON MAKING THE STATEMENT AND BE INITIALO 1

3636
AS 'PAGE OF PAGES.' WHEN ADDITIONAL PAGES ARE UTILIZED, THE RACK OF PAGE T WILL BE LINED OUT, AND THE
STATEMENT WILL BE CONCLUDED ON THE REVERSE SIDE OF ANOTHER COPY OF THIS FORM.

df

c 4.1wP .•••¦••. c
DA FORM 2823. JUL 72 SUPERSEDES DA Foam 2923. 1 JAN ea. WHICH WILL kr I mc
P., pn. USAF* Y2:00
-FOR-OFT.TC'TALIJSEMNLYT SWORN STATEMENT
For use of this forms see AR 190•5: the proponent a anoxia ODCSOPS
DATE. • TIME FILE NUMBER
1CATIOS L # 32 is f.TcxY
.
X222 3 12APIL 0'2 k) 14/
b lo -
ORGAN! ATM imp BE.
0 VS- OW'fftAls F7-ciee 112.-2.7, 3 . 6229
b 1-4 101--

WANT TO MAKE THE FOLLOWING STATEMENT UNDER OATH:
i,Akc1,1 oc .5 A erqc1, tzEt.tD Voesk stye 1504c1ct-i-\/\10A$0 ‘1(N. -C\\e ck1/414tApvt,t)Ai kt-gz, evApiki etAti Clear. -13\ft, \5a.e.Y..0 ¦49\1\ Yvve AEQA.0-eS kxrILAe co k) face)
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AI 0

EXHIBIT INITIALS SON MAKING ArekrimENT
te-t4 tb±c_--1-f PAGE OF GES
ADDITIONAL PAGES MUST CONTAIN THE HEADING 'STATEMENT OF TAKEN AT DATED CONTINUED,' . THE BOTTOM OF EACH ADDITIONAL PAGE MUST BEAR THE INITIALS OF THE PERSON MAKING THE srATEMENTAND BE INITIALE@
637
AS 'PAGE OF PAGES," WHEN ADDITIONAL PAGES ARE 11771.2ED, THE BACK OF PAGE I WILL BE LINED OUT, AND THE
STATEMENT WILL BE CONCLUDED ON THE REVERSE SIDE OF ANOTHER COPY OF THIS FORM.
USAPP
DA FORM'2823, Jul. 72 SUPERSEDES DA .FORM 2823. 1 JAN_611, ViRitai . WILL RE USED. • '117Tri
DOD-015591

SWORN STATEMENT
For use of this form, see AR 190-45; the proportent a army is ODCSOPS
()CATION DATE TIME FILE NUMBER

8tP1 32/S• icickY 112223.PM-62 1053 •
GRADE/
ORGAN! ¦cou? —
622 2 3.
, WANT TO MAKE THE FOLLOWING STATEMENT UNDER OATH:
liAND else me p‘•e.16)441.0,
t Lott% .b62
GiC
11. W AL, iket. • ct.Q.ktie,it\esi-to%te,J (ker, ? Yes .
OA art•ogotiAAtv er cl Dee el,
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abco...1 oWd4A ittc.k.tat ‘-‘0A-cliscclt) ok5e..4 C-pc et
Oft i'vt. mormi'07 of CAM' I iti2
covktccrei,Se?
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OD %tot& .\\40 ,c. Aim/ -of +At 41A.It pis! se . . •
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06
2%) OD oms 1ntwt Ct./VA/$.1/11/ e\ Se 444 acid
For IOC -4.\\04 e_--9 ..
\9U)
EXHIBIT INITIA EASON 'AKINS STATEMENT
\D CZ, -44 b -R-e_ -1-e pAGEI/oF LLGES
ADDITIONAL PAGES MUST CONTAIN THE HEADING 'S EMENT OF TAKEN AT DATED CONTINUED.'
THE BOTTOM OF EACH ADDITIONAL PAGE MUST BEAR THE INITIALS OF THE PERSON MAKING THE STATEMENT AND BE /MT L4043 6 38 AS 'PAGE OF PAGES.' WHEN ADDITIONAL PAGES ARE UTILIZED, THE BACK OF PAGE 1 WILL BE LINED OUT, AND THE STATEMENT WILL BE CONCLUDED ON THE REVERSE SIDE OF ANOTHER COPY OF THIS FORM.
DA FORM 2823, -JUL 72 . SUPERSEDESS I 4.0;0,2i(CHWILLT3E .UgED:"." USAPPC V2.00
DOD-015592
ATEMENT (Continue)
AFFIDAVIT
HAVE READ OR HAVE HAD READ TO ME THIS STATEMENT
WHICH BEGI S ON P ENDS ON PAGE I FULLY UNDERSTAND THE CONTENTS OF THE ENTIRE STATEMENT MADE
BY ME. THE STATEMENT I = TRUE. I HAVE INITIALED ALL CORRECTIONS AND HAVE INITIALED THE BOTTOM OF EACH PAGE
CONTAINING THE STATEME T. I HAVE MADE THIS STATEMENT FREELY WITHOUT HOPE OF BENEFIT OR REWARD, WITHOUT THREAT
OF PUNISHMENT, AND WITH UT COERCION, UNLAWFUL INFLUENCE, T.

on Mekkr Suitt:mom) --
106-4-/b7c-L/
Subsen • end sworn to before ma, e person authorized by law to
WITNESSES:
administer oaths, day of AfelL frip01—

,
at P
ORGANIZATION OR ADDRESS o arson Oath)
5
ripped Name of Person Administer ng ath)
. ORGANIZATION OR ADDRESS -(Authority To Administer Oaths)
39
Inw•¦¦¦¦•¦
INITIALS OF PERSON MAKING STATEMENT
DOD-015593

SWORN STATEMEN For uae of this form, see AR 190.451 the proponent a envy ODDSOPP
FILE NUMBER
DATEcTIMEc
106
n!tAT ION ­
3 lb 62 OW
-213
GRADE/ TATUS
WANT TO MAKE THE FOLLOWING STATEMENT UNDER OATH',
ZUr%*\errYAWOLA
+1/41‘e teic;:lf‘te reCeLO Ct oeN
LAW NAN{ Sii$c
DeceAtt c\ii,c1 X cow° t .
eco C (NOSS 7100 (Vie ukii-t-toec
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t,e
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Nrosl ok \x`r s dace ulnen
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,

iNings OF PERSONcSTATEMENTc
EXHIBITc PAGE 1 OF ,2 PAGES
CONTINUED.'
TAKEN AT — DATED
ADDITIONAL PAGES MUST CONTAIN THE HEADING 'STATEMENT OF
IR BOTTOM OP EACH ADDITIONAL PAGE MUST BEAR THE INITIALS OF THE PERSON ,WAKING THE STATEMENT AND BE INITIALED AS

PAGES,' WHEN ADDITIONAL PAGES ARE UTILIZED, THE BACK OP PAGE 1 WILL BE LINED OUT, AND TH0. 1
„MOE OF 3640
`STATEMENT WILL BE CONCLUDED ON THE REVERSE SIDE OF ANOTHER COPY OF THIS FORM.. . •
URAPPC V2 .00.
DA FORM 2823, JUL 72cSIJPER8EDES DA FORM 2823, 1 JAN 68, WHICH WILL BE USED.c


STATEMENT (Continued/
da\o (P-4
ot,+ flAt Ft96..

,A.)0 7-11-1ZAI

AFFIDAVIT
I HAVE READ OR HAVE HAD READ TO ME THIS STATEMENT
.
WHICHc• ' 'AGE I PAGE .2. I FULLY UNDERSTAND THE CONTENTS OF THE ENTIRE STATEMENT MADE BY ME. THE STATEMENT IS TR HAVE INITIALED ALL CORRECTIONS AND HAVE INITIALED THE BOTTOM OF EACH PAGE CONTAINING THE STATEMENT. HAVE MADE THIS STATEMENT FREELY 41 . * UT HOPE OF BENEFIT OR REWARD, WITHOUT THREAT OF PUNISHMENT, AND WITHOU ERCION, UNLAWFUL INFLUENCE, •
Ina a o rson Making Statement)
btu-41 b4e--Lf
WITNESSES; Subscn • .. and swam to Worn tne, a person authorized by law to
J..
administer oaths, thin a_- day ofc , ISIfort7 at '
01Int.Mr1ON

th) S
1
• .ORGANIZATION OR ADDRESS
0.13 41
INITIALS OF PERSON MAKING STATEMEN
-b 6-Li-
PAGEcOF 1. PAGES
1TP
ri*ProvrTr A7 rfC12 110 nab.* V4 ou%
-121131t-emelle—usrorra
SWORN STATEMENT
For use of this form, see AR 190-45; the proponent a ency is ODCSOPS
OCATION • DATE TIME • FILE NUMBER

64-A PE at le-3743 b V. /Z-rt 2.(76(1)
•ER GRADE/STA S
FC
, WANT TO MAKE THE FOLLOWING STATEMENT UNDER OATH;
1) 'What was your cion is era on during Freedom?c•
2) When were you given the mission to guard the detainee? c•
3) What are your standard operating procedures for handling a detainee?
4) Is blindfolding a standard operating procedure fon your ODA for handling a detainee? Why?
5) What Were your specific duties and responsibilities inregards to handling, feeding, and caring for the Betaine
6) 'Why did rt take the photograph?
7) When aurmg the detention of the detainee did you take the photograph?
8) Where did you take the photograph? .c •
9) Who tookihe photograph?
10)Were there any witnesses who saw the photograph being taken besides the photographer, the detainee, and the ODA
members In the photograph?
11)What was written on the blindfold and why?
12)At any time was the detainee aware of what was written on the blindfold?
13)How would you describe your treatment of the• detainee?
14)At any time did you mistreat the detainee in accordance with the law of land warfare and the UCMJ?
15)Was a physical version or the electronic version of the photograph distributed or mailed to anyone? If so, who? c•
16)Who else may have seen the photograph?
17)Was the photo deleted/destroyed? When specifically?
18)When specifically were you ordered to turn all documentation to include photographs over for a Department of Justice court
case?
-19) Do you have any knowledge of the intentional deletion/destruction of the photo for the purpose of destroying evidence?
•• go) Was the photo deleted/destroyed before or after being asked toproduce it for evidence?
•21) Were any other photographs taken that haven't been submitted for evidence? . c. .
' 22) Do you 'mai/of any material that was intentionally eliminated? If so, describe.
23) Do•ou have anything else•to add?
.• .
•.. -
EXHIBIT INITIALS OF ATE M ENT
PAGE 1.0F PAG S.

• E u1 3 642
ADDITIONAL PAGES MUST CONTAIN THE HEADING "STAT ' T OF TAKEN AT DATED CONTINUED.' THE BOTTOM OF EACH ADDITIONAL PAGE MUST BEAR THE INITIALS OF THE PERSON MAKING THE STATEMENT AND BE INITIALED 1...AS "PAGE OF PAGES.' WHEN ADDI770NAL PAGES ARE UTILIZED, THE BACK OF PAGE 7 WILL BE LINED OUT, AND THE STATEMENT WILL BE CONCLUDED ON THE REVERSE SIDE OF ANOTHER COPY OF THIS FORM, •
Sri_
DA FORM 2823. JUL 72 cSUPERSEDES DA FORM 2823.1 JAN AR Amami Mr r no 1 rem irsal,i3c vz.Dir
,S011-OFFICtitrusrONLY .
c, WANT TO MAKE THE FOLLOWING STATEMENT UNDER OATH:
(b-14T Li/A5 tiooft. Mccre.0 peemilN. "100,14/6.
49 autc4.4. orik,TheU foatS

2.) 410t(oeJ Latf. CIA) t2tvW The MA5511›.J -rt) bij 1Qvgq(;40:-
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tM41-e-'toy IgN Pot: ?-1 &JD 1.11J4 n-pr: IN et"
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•-• ‘16)114 xeliirpru. 3 ptike s
hoprvi pr.
linL(rr faatmOs
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15N.M10616,..) R-5EWHatE.
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pates orss -Do H of MILE. -Ne too ti-banitrp}4, 6) /4 16.").7b3 Prz-wZ WO WArriva.e 6411-1 ni
10
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hiaTb6,4411-1-• ec) 1-11 5 ADM (3 WO 10 nig" 1\11PsW .51q61)1., S rtFaiitNi.SMAI
01) Ww0 70}1. 11 ilin&.4P 106 7171. 6.4-e-
VOI¦1•¦••¦¦¦
EXHIBIT INITIALS OF PERS• MENT
PAGE 1 OFcPAGES

.
..• ADDITIONAL PAGES MUST CONTAIN THE HEADING "STATEMENT OF _TAKEN ATcDATED CONTINUED. ° 913 43 THE BOTTOM Of EACH ADDITIONAL PAGE MUST BEAR THE INITIALS OP THE PERSON MAKING THE STATEMENT AND SE INI IALED AS "PAGE OP_ PAGES.' WHEN ADDITIONAL PAGES ARE UTILIZED, THE BACK OP PAGE I WILL BE LINED OUT, AND THE STATEMENT WILL BE CONCLUDED ON THE REVERSE SIDE OF ANOTHER COPY OF THIS FORM.
g g
DOD-015597
(

SWORN STATEMENT
STATEMENT
For use of this form, see AR 19045: the proponent a sow is ODCSOPS
DATEcTIME FILE NUMBER
CATION
(43 -rt. /D 26
ORGAN! TION OR ADDRESS o3.5.5F(.0cFc. A' 7 7---Z-3
cWANT TO MAKE THE FOLLOWING STATEMENT UNDER OATH:
Xvvil 1.Airtiv5s5L-55 i0 5frvo
i'domar-APki 130...1,..% TAKEN! t3e 0E5 In ffri "I*11-A-PticDelA rN Eei IVOc
WA MSB ele4
.cN 7).(.C. T-to; c c(VAc


I)cW AS 1,4t-(T MN
O#' TE U11.11) F .D
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11.) PiT
elikt4C 1)-vis lite Deng EV A n'rrte
¦1/41,447 Luks wrwn-ex.)
'DN VE TA-VVO FDL-1).
) NUS 001‘.1-r 7)-111\114 So .
(.3) .4.0 14.1 .

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kt-74e AE711. NEE.
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tett..0%-cr. .1 VW. 144-0
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14) eri vv411141.6' Do

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e) WI)) PorcKw otn..e e (P6-
w-
14) 0-4 C p-tepN c 6 P t-1
po ope
ovic-7 iNNAJLE--DA
EXHIBIT INITIALS OF PcSTATEMENT PAGE 1 OFcPAR%
c644
.1-
• ADD77IONAL PAGES MUST CONTAIN THE HEADING 'STATEMENT OF _TAKEN AT DATED_CONTINUED,"
ID BOTTOM OF EACH ADDITIONAL PAGE MUST DEAR ME INITIALS OF THE PERSON MAKING THE STATEMENT AND BE INITIALED

'AS "PAGE OF PAGES.P WHEN ADDITIONAL PAGES ARE UTILIZED, THE BACK OF PAGE I WILL MINED OUT, AND THE STATEMENT WILL BE CONCLUDED ON THE REVERSE SIDE OF ANOTHER COPY OF THIS FORM,
FrIPM.9R2S. JUL 'csUPF.RgOIRA DA FORM 2823:1 JAN i3.13. 4i11-464 WILL i3t Ogtb. • • usAppC V2,00
ft3ROFFIGIALVErren't

SWORN STATEMENT
For use of this form, see AR 19045; the Proponent agency is ODCBOPS
kOCATION DA TIMP • FILE NUMBER

•Jr. r.411^M PS5411 le. 3g 13 /62,0
GRADE/STATpS Sri.'?"-
0 GANIZA ON OR ADDRESS
C.-
3 r cizz 2.3.bt.c."4-
I, WANT TO MAKE THE FOLLOWING STATEMENT UNDER OATH:
(1) 114 5 N.E• from De 'Vo Ust OilTip.olial) vni
SPI r-,
a) kA1111 IN Dkvi 5 of IT BEING IAKON) .

18) wi-IN N-lot) arty OtoiMetfiTh10^3.
1-. 1) 1PaUbe-ti-t4rova4i0145 ovIv- n(L 4 DOT ..TuSTIce c.t^ OE.
Ichtenift

ORIL, c2.
/40 'DO goo Arfotl Mock4-06c..-. 6F NC
Pel#G-TioN/Olnutigto4
Mom izog_ ME purytive of te5ThpyiN6 EviotweG,
oN) OD •

VC Mao ktrivo/pEntralqo iberbit-e-
be'"/"16 Asko) 71.,.
PP-aucG Ir
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2-0 liksu:c: PhyPi (rim Pktim6i4Pkis 'C ie1)40 1-1Avevr . 13 kart luemirrEl; NA_
!4..N. evockl6E.
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KOOLAJE:06•0
2. ) VD L/00 ii$1%.
151-5E Tb POO ,
A) NO
.97-c.-9-
10L02-41 1
EXHIBIT INITIALS OF • ATEMENT
PAGE 1 OF PAGES

• ADDITIONAL PAGES MUST CONTAIN THE HEADING •STATEME T OF TAKEN AT DATED CONTINUED."
° 136 45
HE BOTTOM OF EACH ADDITIONAL PAGE MUST BEAR THE INITIALS OF THE PERSON MAKING THE STATEMENT AND BE INITIALED
AS "PAGE OF ?AGES.' Wile 1 ADDITIONAL PAGES ARE UTILIZED, THE BACK OF PAGE f WILL BE LINED OUT, AND THE
STATEMENT WILL BE CONCLUDED ON THE REVERSE SIDE OF ANOTHER COPY OF THIS FORM.

•. r•A •• 0 _
erurta• rinota It fl ,
41.10¦•¦•• .41101¦1•MpowEir
STATEMENT (Com/noel
AFFIDAVIT
HAVE READ OR HAVE HAD READ TO ME THIS ATEMENT WHIC PAGE I FULLY UNDERSTAND THE CONTENTS OF THE EN ENT MADE BY ME. THE STATEMENT IS TRUE. HAVE INITIALED ALL CORRECTIONS AND HAVE INI PAGE CONTAINING THE STATEMENT. I H VE MADE THIS STATEMENT FREELY WITH NWT THREAT OF PUNISHMENT, AND WITHOUT C ERCION, UNLAWFUL INFLUENCE, OR UN
ng Statement)
. .
WITNESSES: tR -4 Subscribed and sworn to e, a person authorized by law to adminloter oaths, tills CI day ofj2L-A_L-It iv-. 041-1.--cN.4; 1.1.

ORGANIZATION OR ADDRESS ng Oath)
• .6
0 81770 0 0011 °Moog
)ROANIZATION OR ADDRESS 1S% • CI fAuthorfry To Administer Osrhsl •01 646

INITIALS OF PERSON MAKING STATEMENT
. PAGEc. .pf.ksgs
FOR-OFFIC—MTAISE-Offet
SWORN STATEMENT
For use of this form, Bee AR 190-46: the proponent agency is ODCSOPS . -.LOCATION DATEc
TIME FILE NUMBER
16 5ccluZ
GRADgST4T74
ION DR ADDRESS
.3d EN. 5th SFG(A), FT Campbell, KY 42223

104 --14kbq
, WANT TO MAKE THE FOLLOWING STATEMENT UNDER OATH:
1) What was your mission in Operation Enduring Freedom? •
2) When were you given the 111184011 to guard the detainee?
3) What are your standard operating procedures for handling a detainee?
4) Is blindfolding a standard operating procedure fon your ODA for handling a detainee? Why?
5) What were your specific duties and responsibilities in regards to handling, feeding, and caring for the detainee?
6) Why did you take thephotograph?
7) Wben during the detention of the detainee did you take the photograph?
8) Where did you take the photograph?
9) Who took the photograph?
10)Were there any witnesses who saw the photograph being taken besides the photographer, the detainee, and the ODA
members in the photograph?
11)What was written on the blindfold and why?
12)At any time was the detainee aware of what was written on the blindfold?
13)How would you describe your treatment of the detainee? .
14)At any time did you mistreat the detainee in accordance with the law of land warfare and the UCMJ?
15)Was a physical version or the electronic version of the photograph distributed or e-mailed to anyone? If so, who?
16)Who else may have seen the photograph?
1?) Was the photo deleted/destroyed?cspecifically?
18)When specifically were you ordered to turn all documentation to include photographs over for a Department of Justice

court
case?
19)Do you have any knowledge of the intentional deletion/destruction of the photo for the purpose of destroying evidence?

20)Was the photo deleted/destroyed before or after being asked to produce it for evidence?
• ;1) Were any other photographs takedthat haven't been submitted for evidence?
-
42) Do you know of artmaterial that was intentionally eliminated? If so, describe.
23) Po you have anythingelse to add?

Isoe
EXHIBIT
INIc AKING STATEMENT PAGE 1 OF •c. PAGES
ADDITIONAL PAGES MUST CONTAIN THE HEADING "S
NT OF TAKEN AT DATED_CONTINUED. 6.u13647
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DA FORM 2823, JUL 72 7 SUPERSEDES DA FORM 21129.0c
68, WHICH MU BE trgED. C .03 ‘9
MAPPV2
—MAY. 4. 2005 1:29PM OSJA USASOC
but C-4-4-Srd4­
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Poi- um ce this form, Doe AR 190
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LOCATION 45; We •reponento ene ODCSOP LcDATE
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SWORN STATEMENT
For use of this form, see AR 19045; the proponent agency is ODCSOPS
CATION

DATE TIME FILE NUMBER
„24c
Prucy ARR o to L.
S • GRADE/STATUS
ORGANIZATION OR ADDRESS

ar4 $11 Fc. F CituApSgez .47-212:-°) lott, 4-4 I
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STATEMENT (Continued)
AFFIDAVIT
I,

—, HAVE READ OR HAVE HAD READ TO ME THIS STATEMENT c
Will D ENDS ON• PAGE tt . I FULLY UNDERSTAND THE CONTENTS OF THE ENTIRE STATEMENT MADE BY ME, THE STATEMENT IS RUE. I HAVE INITIALED ALL CORRECTIONS AND HAVE INITIALED T.HE BOTTOM OF EACH PAGECONTAINING THE STATEM . I HAVE MADE THIS STATEMENT-FREELY WITHOUT
ROUT THREATOF PUNISHMENT, AND WITH LIT COERCION, UNLAWFUL, INFLUENCE, OR U
WITNESSES: Subscribed and sworn to before me, a person authorized by law to administer oaths, this J,1 day of 1 it VC ICMeitt'226L1--.)144r#
ORGANIZATION OR ADDRESS
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iFIGANIZATION OR ADDRESS
(Authority To Administer Oaths) 0 3650
INITIALS OF PERSO
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DOD-015604

MAY. 4. 2005 1:29PM OSJA USASOC
NO. 378 P 3
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SWORN STATEMENT
For use of this form, see AR 100.45; the or000nont a army is ODCSOPS

A
TIME FILE NUMBER
-41CATION SO GRADE/ST TUS
ORcTIONcSS
big -14 b?-67
WANT TO MAKE THE FOLLOWING STATEMENT UNDER OATH:
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INITIALS OF PERcPAGE1I-OFcPAGES
ADDITIONAL PAGES MUST CONTAIN THE HEADING "STATEMEN OF TAKEN AT DATED CONTINUED.'
0
.1-1E BOTTOM OF EACH ADDITIONAL PAGE MUST BEAR THE INITIALS OF THE PERSON MAKING THE STATEMENT AND BE INITIALED AS "PAGE OF WHEN ADDITIONAL PAGES ARE UTILIZED, THE BACK OF PAGE 1 WILL BE LINED OUT, AND TV STATEMENT WILL BE CONCLUDED ON THE REVERSE SIDE OF ANOTHER COPY Of THIS FORM.
.

.FOR-OFFICLAL-148E-ONW
SWORN STATEMENT
For use of this form. see AR 19045; the proponent agency is ODCSOPS
CATION DATE TIME FILE NUMBER

GRADE/STATUS
AD R bq-cj-4
c
, WANT TO MAKE THE FOLLOWING STATEMENT UNDER OATH:
/0cac-Amy .r ,kapegA41.-eil#.41e;
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. CONTINUED."
• THE BOTTOM OF EACH ADDITIONAL PAGE MUST BEAR THE INITIALS OF THE PERSON MAKING THE STATEMENT AND BE INITIALED' L 0 ti 3 0
-AS 'PAGE OF PAGES.' WHEN ADDITIONAL PAGES ARE UTILIZED, THE BACX OF PAGE I WILL BE LINED OUT, AND THE
STATEMENT WILL BE CONCLUDED ON THE REVERSE SIDE Of ANOTHER COPY OF THIS FORM. .„
• -1 ?

DA FORM 2823, JUL 72 SUPERSEDES 136 FORM 2823, il JAN 6BLWHICH WILL BE WO. - - - - -- "" -USAPPCV2.DO 4 i
DOD-015607

ReR-OFFIef*E-USE-ONL-le.
STATEMENT (Continued)
AFFIDAVIT
HAVE READ OR HAVE HAD READ TO ME THIS STATEMENT WHICH B • • ' E 'I AN Aag I FULLY UNDERSTAND THE CONTENTS OF THE ENTIRE STATEMENT MADE BY ME. THE STATEMENT IS TRU I HAVE INITIALED ALL CORRECTIONS AND HAVE INITIALED THE BOTTOM OF EACH PAGE CONTAINING THE STATEMENT. I AVE MADE THIS STATEMENT FREELY. WITHOUT HOPE OF BENEFIT OR REWARD, WITHOUT THREATOF PUNISHMENT, AND WITHOUT ERCION, UNLAWFUL INFLUENCE, OR
Parson Making Statement!
bis--14112 --a
WITNESSES: Subscribed and sworn to tore ma, Blarson tuthortzed by law to LI4 IL—
administer oaths, this 1/4-dai of fir 14•-•(0:4,1"'" ' at
L.C‘e
ORGANIZATION•OR ADDRESS
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, *(311 Ate-; I S-Cto -C 1 ORGANIZATION OR ADDRESS G4uthorfty'To AdlrylnIster Oaths) 3054
INITIALS OF PERSON MAKING STATEMENT
PAGE • PAGES
FOR OFFIEbeilSE-ONLY-
••••1111¦••11••¦¦•¦
SWORN STATEMENT
For use of this form, see AR 190.45; the proponent agency Is ODCSOPS
DATEcTIMEc• FILE NUMBER -
aiopg /Par-
GRADE/STATUS
."
TION OR ADD SS

3d BN, 5th SI2G(A), FT Campbell, KY 42223
c WANT TO MAKE THE FOLLOWING STATEMENT UNDER OATH;
1)What was your mission in Op ration Enduring Freedom?
2) When were you given the mission to guard the detainee?c•
3) What are your standard octing procedures for handling a detainee?
4)Is blindfolding a scoperating procedure fon your ODA for hAndliTtg a detainee? Wh
5) What were-your specific duties and responsibilities in regards to handling, feeding, and caring for the detainee?
6) Why did you take the photograph?

7) When during the detention of the detainee did you take the photograph? c•
8)Where did you take the photograph?
9) Who took the photograph?
10)Were there any witnesses who saw the photograph being taken besides the photographer, the detainee, and the ODA
members in the photograph?

11)What was written on the blindfold and why?
12)At any time was the detainee aware of what was written on the blindfold?
13)How would you describe your treatment of the detainee? c•
14)At any time did you mistreat the detainee in accordance with the law of land warfare and the UCMJ?
15)Was a physical version or the electronic version of the photograph distributed or e-mailed to anyone? If so, who?.
16)Who else may have seen the photograph? c •
17)Was the photo deleted/destroyed? When specifically?
18)When specifically were you ordered to tuns all documentation to include photographs over for a Department of Justice court
case?

;9) Do you have any knowledge of the intentional deletion/des. truction of the photo for the purpose of destroying evidence?

•.
.P) Was the photo deleted/destroyed before or after being asked to produce it for evidence'?

Were any other photographs taken that.haven't been submitted for evidence?
.22) Doyou know. of any material that was intentionally eliminated? If so, describe. •c
• •
23) Do you have anything else to add? : . •
1 et-c,41'10h C 40101-1`51 PiTeetchn ?
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yes,

IS
4
EXHIBIT INITIALS OF PERSOcATEMENT PAGE 1 OF ,151
ADDITIONAL PAGES MUST CONTAIN THE HEADING 'STATEMENT OF TAKEN AT DATED CONTINUED.' rtrrii. THE BOTTOM OF EACH AboiTIONAL PAGE MUST SEAR THE INITIALS OF THE PERSON MAKING THE STATEMENT AND BE INITIALED lovaa I AS 'PAGE OF PAGES,' . WHEN ADDITIONAL PAGES ARE UTILIZED, THE BACK OF PAGE I WILL BE LINED OUT, AND THE STATEMENT WILL BE CONCLUDED ON THE REVERSE SIDE OF ANOTHER COPY OF THIS FORM.
nA EADIU1 nO0V2 -1111 10 eimenesnea INA Emma naqm I le ki na iiiwit•UYiktif 1.1kaoadirma /00
. . SWORN STATEMENT For uae of this form, see AR 190.4E; the proponent aancy is ODCSOPS
il
. ''CATIONcz DATEcTIME FILE NUMBER
12 APRoz 1110
GRADE/STATUS •
t"'

ESS .41/ k.
c , WANT TO MAKE THE FOLLOWING STATEMENT UNDER OATH:
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l;re 511 ec;4sC
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EXHIBIT INITIALS OFc TEMENT
PAGE/ OFcPAGES

. ADDITIONAL PAGES MUST CONTAIN THE HEADING TTATEMEN TAKEN AT ATED CONTINUED,'.THE BOTTOM OP EACH ADDITIONAL PAGE MUST BEAR THE INITIALS OF THE PERSON MAKING THE STATEMENT AND BE INITIALED 01.1 65C OF PAGES.' WHEN ADDITIONAL PAGES ARE UTILIZED, THE BACK OF PAGE 1 WILL BE LINED OUT, AND THE ,48 'PAGE STATEMENT WILL BE CONCLUDED ON THE REVERSE SIDE OF ANOTHER COPY OF THIS FORM.
DA FORM 2823, JUL 72cSUPERSEDES DA FORM 2823, 1 JAN 60,. WHICH-WILL dt'Utto. • -LISAPPC V2.00
. reit-OFFICUL-USE4011,1"
SWORN STATEMENT For use of this form, see AR 190-45: the Proponent a encu Is ODCSOPS
gocATI DATEc.cTIME FILE NUMBER
'jar /Z 40k oz 11:20
GRADE/STATUS
, WANT TO MAKE THE FOLLOWING STATEMENT UNDER OATH:
a WO a LAI LIU yO otesch -ke riot- 1Ll'80,,i4rzeittld 7 (047(11:lee7

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EXHIBIT INITIALS OF P STATEMENT
PAGE /OF PAGES

ADDITIONAL PAGES MUST CONTAIN THE HEADING "STATEMEN TAKEN AT DATED
CONTINUED.'
THE BOTTOM OF EACH ADDITIONAL PAGE MUST BEAR THE INITIALS Of THE PERSON MAKING THE STATEMENT AND BE INITIALED
AS "PAGE OF PAGES." WHEN ADDITIONAL PAGES ARE UTILIZED, THE BACK OF PAGE 1 WILL BE LINED OUT, AND THE

STATEMENT WILL BE CONCLUDED ON THE REVERSE SIDE OF ANOTHER COPY OF THIS FORM.
.A A ennui ',a II II 707 1,1 MP' c /0
izen-orara,64-uss

111•111111¦17”14
SWORN STATEMENT
i;
For use of this form, see AR 190.4S: the or000nant aenoy is ODOSOPS
DATE.cTIME. FILE NUMBER
cATM328 /Z. Pk .. /13
7-7­
GRADE/STATUS '
bei-1-4- I b-?-c-..
c , WANT TO MAKE THE FOLLOWING STATEMENT UNDER OATHI
-
Do yo u kit° (4 7t inaierre,I Aga..iiona e4p-
i`oet. .hd.s61. des c
exeld
14) Da 7„.an At eke 4
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EXHIBIT INITIALS OF PcAKING STATEMENT
IP
PAGEp OF if% 5PAGES
ADDITIONAL PAGES MUST CONTAIN THE HEADING °STATEMENT OF TAKEN AT DATED CONTINUED,"
0 13058
rHE BOTTOM OF EACH ADDITIONAL PAGE MUST BEAR THE INI77ALS OF THE PERSON MAKING THE STATEMENT AND BE INITIALED AS 'PAGE D.P.— PAGES.' WHEN ADDITIONAL PAGES ARE UTILIZED, THE SACK OF PAGE 1 WILL BE LINED OUT, AND THE STATEMENT WILL BE CONCLUDED ON THE REVERSE SIDE OF ANOTHER COPY OFTHIS FORM.
'NOR I%cP.a.& vat Au.. API 1111 •VIIc ItcIc I to w mu. s'00174
F'P'
AFFIDAVIT
HAVE READ OR HAVE HAD READ TO ME THIS STATEMENT PAGE I FULLY UNDERSTAND THE CONTENTS OF THE ENTIRE STATEMENT MADE
WHICH BE • ' •
BY ME. THE STATEMENT IS TRUE. I HAVE INITIALED ALL CORRECTIONS AND HAVE INITIALED THE BOTTOM OF EACH PAGE
CONTAINING THE STATEMENT. I AVE MADE THIS STATEMENT FREELY WITHOUT HOPE OF BENEFIT OR REWARD, WITHOUT THREAT
OF PUNISHMENT, AND WITHOUT OERCION, UNLAWFUL INFLUENCE, OR UNLAW

ti —
Subscribed end swam to before me, a person authorized by law to
0-c--4
WITNESSES: • b
administer oaths, this IZ day of
at i4.0f138LL.
ORGANIZATION OR ADDRESS hJ
MAI 5P
'Typed Name of row Oath)
XD) it— 1 5-(e
• ORGANIZATION OR ADDRESS (Authority r9 AtImIniefef 0004 -
0-1 3659

14
INITIALS OF PERSON MAKING STATEMENT
OF 3 PAGES
Ino
: vATAM.RMAIKEMINAil
1111AbEISTATU
(b)(6)-4,(b)(7)(C)-4
b)(6)-4,(b)(7)(C)-4
COMMItni OR ALUM '
"-ScGC4

WAN TO MAU THE FOILIMISIIcWigcOr*
What was the overall notation of the•denim* when be arrived eari Immo uudeT Ebt gm* 00)(2)-2

he was gable. Re said be vies imam, hut denied inhatotial pain; He told vie Welt Warta MAO ba bb
pajaaa4ype outfit ard blanket. I torarohaed c
and found him to Jima wotmd bis right thigh wid a eut on his left second
toe. Neither wound was IlemodYnainically itignificent at this limo. •
What care did you administer to the.detainee while be was lo the custody Of(b)(2)-2 ?
Itleszed and dressed-his wounds aticast daily. tgave.autibiotics on a regular c1.414 za ,beat mare that be bad.enough.food and water. aod that to WAS as Warm as possible. ttacktiniel saw him; ir1a CiOfl aNictrosoftW
doeummtbat :lased as his toefrteal record.
whit was the mend) condition of the detainee when he wastransfewed from custody frard c(b)(2)-2
and departed?
Ire was stifle stable condition. Bs WE hydrated and not htmgty.

There any MN= of iraprovinnets zdapacht the &taken's -in:4th and attitude? itsp, beie significant?
Big health itaptoved as be minim
' tad to cat. Ile Who rolt-better each , arid he looke.d Bc?mplOYGUein M lit rth.,. sipifican.t, I cam; Calzatlen on his sposhVAS. reauidas. The
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• CONTifiter
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DA FORia 28n, JuLia
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(b)(6)-4,(b)(7)(C)-4
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PACE _L__. I FUMY ONCTASTANO TNE ,OONTENI.10FINE WAG STATEMINT MADEEY' ME. 1HE ETAUMENT IS 111.I.4. I.HAVE INFTIALEOALL CW11=
1110118 AND NAVE. pimAvolHEIDTTOM OF EACH PAGE
CONTAINING THEOTMEMENT. INAVE:MAD.E7HIS STAITRENTMIESI.YWIIHOI/T NOPE.OF MART On REWARD, WrrHOIITTWAT OF PUNISNMEMAND WIINOITT COERCION. UNLAWFUL INFLUENCLIMUNtii
_
b)(6)-4,(bX7)(C)-4
11••••••¦11.1
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WITNESSES:
SULiscribes1 snd.:111t beige!: -/»0, potsonnutherized by Paw tv adivInfaarVadayk ijEZ 'day of
At
.114,1111•111.
. ORGANIZATION 011ADDESS
rtgnotom of Prnon Ackinikaring Oath] (• -
(b)(6)-2
Mdamolgaa...
1100fflemIl.c —
AlrhaWanal Oath
ORGANIZATION DR MOMS
To Achalbtor arhol
013681
••••••••¦•••¦
MAIGNO STATEMENT
AL.PER4i0N-------b)(6)-4,( ))(7)(C)-4

PAGEc PAtiFa /(-
DOD-015615

Report of Medical Examination and Treatment of American citizen
On 2 December 20.0 I.,atapprox. 070=,..1 =mined the American oirizerl(b)(6)-4cOur conversation was shindy kept to medical issues: and all of my linersetions were in the presence of one or two Ametican guards.
StibjectiVe
'Moodie says be feeling-muchbetter than yesterday. He says thar yesterday he was cold, wet :.(had spent an extended period offline Ineeld,. standing water), Imam dizzy, and .disci:used. He daisies substantial pain and feels -ruin *ugh:in his blanket; btit still complainsof hunger. He reports 'wounds to his roc, his right thigh, and his lower buck. Ire claims that hislight thigh.wound is nguashotwound, Sdays Old, and that the bullet is stall inside. 'He suspects Mathis back winutditaresult of:Shrapnel.
In &cow= with the peclic, 1 knosedthit he was found In a. i” room (perhapt 10ft X
tb)(2)-21
10.10 with approximately 15 dead or dying persons on the firm cbad diessed his thigh wound. $otneone else calready dressed the.toe wound, The in chad given:him 111011*EpandigAgi4:83 a *01 giCeat night, al 141 AS nwshot. ,
rgske :ihe detained Person Ale had arty. medical =Camsilist7 had not Sem addressed. He
denieclaar Medical concerns cthan sod.
Objective:

The polies appears to be fn :his twenties 1,1* Jnarly thirties. He is dad in a pitantasty,pe outfit Has long anima hair and atemd,andbare PAL :Reis lying on a cot. Peribel(b)olmedie, the:vital signs are stable
.
Tho patient le awake and itiert. He bat been kept unawareofhis location wthe lime. Ido not rill hiS name.
2n4 tOe..-Wrippedin a lire5kg:that appears .be soa a ineetadive• The: OC bas sustained g bzwaticii thi4t sittPakfrox4 the PlAntit imsface Of &evepad.artod intaxdotwril aspen;. through:approxigatoly 30% ofthe: zutil;clor.era dial appear, to be Ow; and made withsomeddes very shay: kis difficult ti tellthe depth ofthe laca ration.moteider Circular woad, approldmately:dent diameter on the:antenmodUll um* of the 00, Ne erythema, awelliegi-warmth, puk,prpther 'Signs of infbalou Mlle skin erc evident. Thirsts s lender area of irghogte:of thequisolt catenirrog approximately -8-10 cm pm:had to the wound,.-4yithontinvolyeaneet ofthe.overlying skin. tom hack—Tender scab, approximately 2-3 Mritiliameterjilst of the midline. No surrounding
ofinflantratition. Assesamentillant 1, Wounds as dumbed above. ireternISAIre4 &ICA 'Again Itocepriin Thtlovi and continue antibiotic nomad until paticattansfroed or wounds no longer felt to Wm danger of infeedon. Dressings than*. u ecintrol Wooded,. 2.Ilungeitrithent siiia Of
Malrintrition, reed as needed.
3. Continue csaraination and care in the rear area.
1(b)(6)-2,(b)(7)(C)-4 cM.D.
FOB Surgeon
0222002DECO1
Caikd to detained Moon's rooln.at the request of the detained petscoM 6)-fl States that he is cold and his ankle hurts. Is lying on a cot, covered with two Army blankets, each tided double. Losh)g heat from underneath. Space heater iri.room is ihnetional. Upon examining his ankle, End a tiny wound that may be a result ef chraptel, sing bis Achilles.tendon. The surrounding skin. is tender, but not red, hot, or relied. The amide Joint itself is.unremarkable upon exam.
I 'arrange his blankets so thathe has it Ayer of wool underneath him as well as ;thelayere abovehim. We have ne other blankets to give hint. Unfortuniftly, this maybe a vtorsening problein, as the electricity in the building is becoming increasing
' ry unreliable.
Wegarding the wound DA his Achilles tendon, 'X advise him that there does- not appear to be'any infection and his ankle is fully Einotional. There is no specific treatment needed at this time.
1(b)(6)-2,(b)(7)(C)-4 OD.
MB Surgeon
030 03 °MECO 1 Called to detained penes-mom at the request of the demined person. States that be is concerned:about the &olefins in his feet as both.of them ache, and be reports that the dressbg on hiatoe is to tight.Both feet have.won &marts pedis and posterior tibial pulses, Sensation is Intact throishoutomd he hes active motion inhis toes. Brisk capillary refill is demonstrated -, The dressing onlia toe; ithiel wraps around his whole distated, is checked and . loosened. The patient reptirts that be is WU= than he *as before my last visit j(b)(6)-2,(b)(7)(C)-4
POB Surgeon
OettC01
Patient visited. Wounds checked and redressed. Thigh wound is.without pus, but dressing material is malodorous. No spkteifie complaints at this time; Piave contieue with shay dressing 6anges -andualoties, Will consider switchin' g from. itileekriaxone to oral antibiotics,
1(b)(6)-4,(b)(7)(C)-4
roll Surgeon
05 DEC Wounds checked and redressed.. Now using 'Ufa pads (with Baebratin) taped with clothiape, rather than bulky dressing and KeTiex wrap for the toe and Telfapad and CM gaunter the thigh wound, Strong distal pulses in both feet. Patient asks for more blankets as we continue to lose poitiPatient has been eating three MREs per day with plenty of water. Strength continues to improve.
cBased: on
rim continue •dressing chops daily. Will=switch to FO:
and *plea of.didicated nursing care, I will presotiboazithromyoin
whet have on. c
SOD witoday, followed hy450 daily, in accordance with the SanS)rd •Sjulds to
•Antimi*oblid Therapy. Vie ebb attempt to fu More blankets or OlotbibW
Based.°a ily discussion with the FOB: command cell,. we continue to expect
transkr within the next 2448 _hours, I want the receivimphy.sicientoknow that ifthe thigh wound is oxploted and a bullet It tetiisved, aproper chain of custody is essential, as the bullet maybe used'as forensic evidence.
(b)(6)-4,(b)(7)(C)-4
FOB Surgeon
DEC.
Patient *tale and continuing:to gain strength. No complaints at this time, tees not complain of pabt. Wounds checked and 'redressed. The toe wolmd ts. progressing well, without signs of infection. The thigh:wound is unchanged in appearance. NoPockets alms' butthick tenacioniwhirlsh mucus present at supedor edge of wound,
seeping and ndedoraus.
(b)(6)-4,(b)(7)(C)-4
lvI.D. FOB §Meoo.
071)BC
Nocoraplairits.atitbis tluie. Wounds. checked: nd re s± ThigkNoPfid
unchanged.. Again, taxpooket-CifpuS, but !whitish mucus present at'supedetedge -at -
wound; No celittlitieehauges at welled ;mains. Woundcevered.Wirli.4X4 gauze and
held in placcittpeper tape. Corainue.4*110mAitt,
. I: averepeatedly informed the: h* efOomMiugl hereend bark- t Xacsig
Ithroughoffscial traffic and telephone calls) of the increasingliMpormace oftonsfe*g.
Ida Careto higher echelon, .Iivant to .eultnre the-Ivaluta and provideantlblotice.hased on
sensitivity of the agw.d.orgeosms, but I amt not do sober*. TwOuklItiso tecoMmend
ktayingileuxtramity deteneinethe lomitiOnof any bullet or shrapnel, with possible
surgical Wound:exploitation and foreign pled extrogdox
b)(6)-4,(b)(7)(C)-4 mD, FOB Surgeon
013664

101
Aeuit-wciePQA.10-1.4.1;154,NNLY
SWORN STATEMENT
For use of this form see AR 19046• the re mit a on Is ObCSOPS
LOCATION
FILE NUMBER AME
GRADEISTATUS 047,E •
ss,
"1)//5 ..c•cr6) b6--4
WANT TO MAKE THE FOLLOWING STATEMENT UNDER OATH: 10•A 556 A fAci106Ailti CP 'hie
Le.plicele
Lk/its tAlztrem‘i le 4 • bkt¦
DV:A..5 V. vni. 714e 114.ste4;a•rio4-‘‘surrialito" bkheirretv ON
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yOUI tcxitma b r AN yome ELSE Lugo sew NE-pi-len

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EXHIBIT ' INITIc
RSON MAKING STATEMENT PAGE 1 OFcPAGES
ADDITIONAL PAGES *VET CONTAIN THE HEADING "STATEMENT OF
TAM A T
-
DATED CONTINUED,'
THE Borrow OF MO ADDITIONAL PAGE MUST BEN? THE INITIALS OP THE PERSON AWING THE STATEMENT AND BE INITIALED AS
?PAGE OF
PAGES." WHEN ADDITIONAL PAGES ARE UTILIZED, THE BACK OF PAGE 1 WILL BE LINED OUT, AND THEif,:TEMENT WILL BE CONCLUDED ON THE REVERSE SIDE OF ANOTHER COPY OF THIS FORM.
DA FORM 2823, JUL, 72
SUPERSEDES DA FORM 2823, 1 JAN 68, WHICH WILL BE USED.
'USAPPC V2.00"
. rST ATEMENT (Continued) /(2
•¦•¦¦••••••¦40.1101=
AFFIDAVIT
I, c,, HAVE READ OR HAVE HAD READ TO ME THIS STATEMENT WHICH BEGc ON PAGE I I FULLY UNDERSTAND THE -CONTENTS OF THE ENTIRE STATEMENT MADE
.
BY ME. THE STATEMENT IS RUE. I HAVE INITIALED ALL CORRECTIONS AND HAVE INMALE•THE BOTTOM OF EACH PAGE CONTAINING THE STATEM a T. I HAVE MADE THIS STATEMENT FREELY WITHOUT HOPE OF BENEFIT OR REWARD, WITHOUT THREAT OF PUNISHMENT, AND WITH UT COERCION, UNLAWFUL INFLUENCE, OR Uc ME
enr)
Subscribed and sworn to before ma, a person authorized by law to
WITNESSES:
administer oaths, this' I r i—day ofc 1L. et 14.1N. '
ORGANIZATION OR ADDRESS . Oath)
D-¦
&Mg 0 (0(nst
666
7'it3 15-(e
ORGANIZATION OR ADDRESS (Authority To Administer Oarhs)

INITIALS OF PERSON MAKING STATEMENT
/i t
PAGEcOFcPAGES
DOD-015620

-r.-¦•=9
SWORN STATEMENT
STATEMENT
For use of this form, see AR 19045; the proponent elenoy is ODCSOPS
LOCATION.c DATE TIME FILE NUMBER
"E'Ll'S CAMc‘41{cIR 0 11 5
GRADE/STATUS

WANT TO MAKE THE FOLLOWING STATEMENT UNDER OATH;
O
ciee /vita) drat uo s solde ber 44 t)A hat.i.
1,c a t6f51, it$ oveted 4.4c. 01 0 /-•,0y4

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EXHIBIT INITIALS OF PER 1 ATEMENT PAGE 1 OP 1 PAGES
3667
ADDITIONAL PAGES MUST CONTAIN THE HEADING 'STATEMENT OF
AXEN AT DATED CONTINUED." . THE BOTTOM OF EACH ADDITIONAL PAGE MUST BEAR THE INITIALS OF THE PERSON MAKING THE STATEMENT AND BE INITIALED AS "PAGE OF__. PAWS." WHEN ADDITIONAL PAGES ARE UTILIZED, THE BACK OF PAGE I WILL SE LINED OUT, AND THE
STATEMENT WILL BE CONCLUDED ON THE REVERSE SIDE OF ANOTHER COPY OF THIS FORM.
DA FORM 2823, JUL 72 -cSUPERSEDES DA FORM.2823. I JAN 68. WHICH WILL BE USED.c USAPPC
DOD-015621

ATEMENT (continued/
AFFIDAVIT
, HAVE READ OR HAVE HAD READ TO ME THIS STATEMENT
I'
WHICH BEGINS ON PAGE 1 D ENDS ON PAGE I. . I FULLY UNDERSTAND THE CONTENTS OF THE ENTIRE STATEMENT MADE BY ME. THE STATEMENT IS UE. I HAVE INITIALED ALL CORRECTIONS AND HAVE INITIALED THE BOTTOM OF EACH PAGE CONTAINING THE STATEMEN , I HAVE MADE. THIS STATEMENT FR OUT HOPE OF BENEFIT OR REWARD, WITHOUT THREAT OF PUNISHMENT, D WITHOUT COERCION, UNLAWFUL I
Subscribed and sworn to before me, a person authorized by law to
WITNESSES:c\D 1 - L-+ 1 VD -Lf
administer oaths, this tit day of L c11414C/
atcC—Arnej3gt,L .
ORGANIZATION OR ADDRESS
(IVO 8Me o WWI •ath)
Mcs tis 01 3668
• • ORGANIZATION OR ADDRESS ) (Authority To Administer Oaths) INITIALS OF PERSON MAKING STATEMENT
'PAGE-' • OFcPAGES
SWORN STATEMENT For use of this form, see AR 10046; tho proponent eponey Is ODCSOPS
: r ,c
.: • ••••• CATIONc DATEc. ' TIME , • FILE NUMBER
•--,..-
:-' Lis 6- "51.A1 OT Ca0P-N Fi361,Loxkl•crail 2n.. 01., (WO GRADE/STATUS

Nalliall. -7
, WANT YO MAKE THE FOLLOWING STATEMENT UNDER OATH: 1.—t 0 P A .
Ci'ecI-4,cAtc.k.e.n.c ri‘es i'4¦0 1.4-$.1;
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4.. o I., Aoc, 1 , 4A/ 1,4
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EXHIBIT F PERSON MAKING STATEMENT . . PAGE 1 OFcPAGES
ADDITIONAL PARES MUST CONTAIN THE HEAD! ATEMENT OF TAKEN AT DATED CONTINUED.'
AY ()non
THE BOTTOM OF EACH ADDITIONAL PAGE MUST BEAR THE INITALS OF THE PERSON MAKING THE STATEMENT AND BE INITIALED AY I O U00 "PAGE OF PAGES.' WHEN ADDITIONAL PAGES ARE UTILIZED, THE BACK OF PAGE I WILL BE LINED OUT, AND THE STATEMENT WILL BE CONCLUDED ON THE REVERSE SIDE OF ANOTHER COPY OF THIS FORM.
DA'FORM 2823, JUL 72 SUPERSEDES DA FORM 2823. 1 JAN 6B. WHICH WILL BE USED.c USAPPC V2.00 I
DOD-015623
FUR UtriLULAla LISETYPitv
AFFIDAVIT
, HAVE READ OR HAVE HAD READ TO ME THIS STATEMENTWHICH BEGINS ON PAGE 1 A .c . I FULLY UNDERSTAND THE CONTENTS OF THE ENTIRE STATEMENT MADE
BY ME. THE STATEMENT I TRUE. I HAVE INITIALED ALL CORRECTIONS AND HAVE INITIALED THE BOTTOM OF EACH PAGE
CONTAINING THE STATEM ENT, I HAVE MADE THIS STATEMENT FREELY WITHOUT HOPE•OF BENEFIT OR REWARD, WITHOUT THREAT OF PUNISHMENT, AND WITHOUT COERCION. UNLAWFUL INFLU c
NDUCEMENT.
Statement)
WITNESSES: Subalibed and sworn to before me, a potion authorized by law to administer oaths, thiscday of c
, 19 at
ORGANIZATION OR ADDRESS
(Signature of Person Administering Oath)
(Typed Name of Person Administering Oath)

ORGANIZATION OR ADDRESS
(Authority To Administer Oaths)
13670
INITIALS OF PERSONcTEMENT
PAGE (i OF ( PAGES
DOD-015624

• !"
CHRONOLOGY
22 Apr 2002

Received Appointment Orders as Investigating Officer
09 Jul 2002
• Met with Legal Counsel, CPT
11 Jul 2002

Met with Legal Counsel, CPT


Conducted Telephonic Interviews

15 Jul 2002

Traveled to Fort Campbell to conduct interviews, accompanied by Legal
Counsel, CPT
23 Aug 2002

Met with Legal Counsel, CP1111111111111— .
• Conducted Telephonic Interviews —3
6 Sep 2002 e

Requested extension ofSuspense Date to 23 August.


Conducted Telephonic Interview


Met with Legal Counsel, CP

25 Sep 2002
27 Sep 2002

Prepared Findings and Recommendations.
• Prepared DA Form 1574
27 Sep 2002.
013671
• Submitted DA Form 1574 for legal review.
11(/
DOD-015625
30 Sep 2002
• Investigation returned from legal review.

Investigation resumed/material review 21 Dec 2002


Investigation/review completed 3 February 2003


Finding and Recommendations Prepared


Submitted for Legal Review

• EXHIBITS INDEX

A.
FBI Agent.

013672

sworn statement, DA 2823, dated 18 Jul 02 (faxed copy)
B. DOJ Attorney.
worn statement, DA 2823, dated 18 Jul 02 (faxed copy) .
\O (42 R
C. CP1111111111 sworn statement, DA 2823, dated 23 Aug 02
D. LTC.
sworn statement, DA 2823, dated 15 July 02
E. SGM.
sworn statement, DA 2823, dated 21 Jul 02 .J-
F. CP1111111111111,wom statement, DA 2823,: dated 15 Jul 02 1
G. SSG11111111111worn statement, DA 2823, dated 15 Jul 02
J J
H. CP1111111vom statement, DA 2823, dated 15 Jul 02
I. SFC1111111111swom statement, DA 2823, dated 15 Jul 02
J. SG.
sworn statement, DA 2823, dated 15 Jul 02
K. CO.
worn statement, DA 2823; dated 15 Jul 02.
L. DOJ Letter to MG Lambert, dated October 7, 2002
013673

BATES PAGES 13674-13675
HAVE BEEN WITHHELD IN THEIR ENTIRETY

-REFERRED TO THE FEDERAL BUREAU OF INVESTIGATION FOR CONSULTATION.
Mr. David Hardy, Chief Record/Information Dissemination Section Records Management Division Federal Bureau of Investigation Department of Justice 935 Pennsylvania Ave, N.W. Washington, DC 20535-0001
BATES PAGES 13676-13678
HAVE BEEN WITHHELD IN THEIR ENTIRETY

-Exemption (b)(5) - PURSUANT TO A REQUEST FROM
THE EXECUTIVE OFFICE OF THE UNITED STATES
ATTORNEY, DEPARTMENT OF JUSTICE.

Marie A. O'Rourke, Assistant Director FOIA/Privacy Unit Executive Office for United States Attorneys Department of Justice Room 7300, 600 E Street, N.W. Washington, DC 20530-0001
SWORN STATEMENT
For use of this form, see AR 180-45; the proponent agency Is ODCSOPS
FICATION /Tort Bragg, North Carolina and Alexandria, Virginia 2002/08/23 DATEc- cTIME 1530 FILE NUMBER
DLE NAME
GRADE/STATUS
ORGANIZATION OR ADDRESS 0-3/CPT
Special Operations Branch, Special Management Division

•, WANT TO MAKE THE FOLLOWING STATEMENT UNDER OATH:
Q. When an w ere did you first have contact with the Department of Justice(D0J)?
A. When I was the Rear Detachthent commander for 3rd Battalion, 5th Special Forces ro
contacted CID at Fort Campbell who placed them in touch with me at 5th Group. A The Department of Justice meeting. He had a specific names of soldiers and I arranged to have them interviewed w 'f I could facilitate a
.persoimel arrived in February 2002. and two FBI
Q. What conversation did you have with Atty
prior to the visit at Fort Came . ell? b 6 a
-
A. He explained the discovery rules, which I was amiliar with and a cIt was not an extremely formal interview. I met the agents and Atty cussion • . — - any information would be classified. 'them get established in the conference roOms to conduct their interviews. ci, e entrance to Fort Campbell and then helped
1g the interviews they were shown photos, SOJ
asked informally for a copy of the disk. It was not a demand rather. afriendly request and we agreed to cooperate. They did
not know what the Army had and were just in • c
o docnmentc and
fries.
LaQ. How would you describe Acperception of how the interviews at Fort Cambell we
pc
A. He was happy that the re conducted?
n cooperative with his office. In fact he wrote a letter expressing how pleased he •was with the cooperation tc
bia-q bq-c-Lf • •
Q. When did you see the fourth photo?
A. I told the S-2 to screen the photos for classification purposes. He showed me•the fourth photo. It did not add anything, since there were three other photos of his capture so I told them to delete it. I did so becatise I thought is was embaressing to
Special Forces. This was prior to any offiCial request by DOJ..c

-.. Were you contacted subsequent to the February interviews by anyone at DOJ?
•A. After the initial interviews, there were other names of soldiers that they wanted to talk too so I helped them make
arrangements by phone. I was not present for those interviews which I
think happened at the end of March •continued
to receive email traffic thanking me for the cooperation. Eventually I turned over contact with DOJ to CPT
'JAG.
cIIT
Q. When did you receive an official reqeu.st from DOJ? c-cblv--14.1k9-4-e__-/-f.
b 6-
A. I received the official directive to turn over all items. LTC c
talked with me and-asked if I had seen the fourth
photo and said yes on the S-2 shop computer. I never showed it to anyone.
:.,..
bcp -LE 1 101;c---g

EXHIBIT I INITIALS OF PERSON c11
TEMENTc PAGE 1 OFc
PAGES
I
ADDITIONAL PAGES MUST CONTAIN THE HEADING "STATEMENT OF
(
• TAKEN AT (DATED CONTINUED.'
ri/EBOTTOM OfEACH ADDMONAL PAGEMUSTBEAN THE INI77ALS OF THE PERSON MAKING THE STATEMENTAND BEIM77ALED AS 'PAGE
PAGES,' WHEN ADDI770NAL PAGES ARE UTILIZED, THE BACKOFPAGE I WILL BE LINED OUT, AM THE

OF(013679
'ISTATEMEA7 WIll BE CONCLUDED ON 771E REVERSE SIDE OF ANOTIIEB COPY OF TMS FORM.
DA FORM 2823, JUL 72
SUPERSEDES DA FORM 2823,1 JAN 68, WHICH WILL BE USED.
• USAPPC MOO I
DOD-015630
STATEMENT (Cont•wedl
AFFIDAVIT
L
, HAVE READ DR HAVE HAD READ TO ME THIS STATEMENTWHICH BEGINS ON PAGE 1 AN
ENDS ON PAGEc . I FULLY UNDERSTAND THE CONTENTS OF THE ENTIRE STATEMENT MADE
BY ME. THE STATEMENT IS TR E. I HAVE INITIALED ALL CORRECTIONS AND HAVE INITIALED THE BOTTOM OF EACH PAGE CONTAINING THE STATEMENT. I HAVE MADE THISSTATEMENT FREELY WITHOUT OPE OF BENEFIT OR REWARD, WITHOUT THREAT OF PUNISHMENT, AND WITHOUT COERCION, UNLAWFUL INFLUENCE, OR UNLAWFUL INDUCEMENT.
Statement/
WITNESSES:
Subscribed and sworn to before me, a person authorized by law to administer oaths, thisc9609-
/ )". day of , SPrter/Lber 7-19—• at cetrdhi,v4
ORGANIZATION OR ADDRESS
ORGANIZATION OR ADDRESS INITIALS OF PERSON MAKING STATEMENT b - 69-ae-lf s69 0
PAGEcf OFce2-"' PAGES /D
DOD-015631

SWORN STATEMENT
For use of this form, see AR 190-46; the proponent agency is ODCSOPS
-LOCATION

ort Campbell, Kentucky DATE I TIME
FILE NUMBER
2002/07/15
1430c
, MIDDLE NAME
ORGANIZATION OR ADDRESS
5th Special Forces Group (Airborne)

-
¦0 \ \ori-c
, WANT TO MAKE THE FOLLOWING STATEMENT UNDER OATH:
Q. When did you first become aware of the photograph?
A. When it became an issue.
Q. When was that?

A. It was found during a document search, along with everything else.
Q. When were you notified the Department of Justice attorney would be at Fort Campbell to conduct interivews?
A. That was in February. I only got a list of names of who they wanted to see, but not a list of specifics of what they
were looking for.
Q. Who told you this?( .
• b co,-41 1Q .1-e--14
A. It was related to me, I knew they were coming. Afterward I asked
Departmentc litipo
rtment of Justice attorneys were really happy and would be coming ac . r someone how it went. He told me the
Q.co was the uni •c
A. 6 6416:-- LI-
e point of contact. I don't know how he became e point of contact though. He .was the battalion's rear him because he could get access to them easier.the DOJ wanted to see were in 3rd Battalion everything was just put down to detac ent commander and since all the guys
Q. Do you know whether the interviews in February 2002 were voluntary?
A. I don't remember any coercion or resistance.
. c-
ou know
6 6-t4 6
ents or photographs were provided to the DOJ attorneys at that time?

tell you what they got or earned away.

Q.
When did you first see the photograph?

A.
The photo was found during a document search after receiving the Motion for Discove

a weekend, then took it in to CO Discovery. They found it, I believe over
Q. Was CO.. en.
A. That's the way recall it.- He was upset when he saw it.
c
b 6 - Lk \ "t9-?-e - LE
Q. When did you first see c
hotograph?
A. I saw it after COL
Q. Have you seen the photograph 'again since then?
A. I have not seen it since.
Q. Do you know of any directions that were issued for answering the Motion for Discovery?
A. Not that I heard, other than look for all documents relating to the Motion for Discovery
Q. Who w. in c ge of the collecti
A. Ifcor in contact with DOJ?
asn' 1 re
Browc ould have been in on coordinating it. I also remember a letter from LTGrcrun wi
it.- it was lawyers working with lawyers.
ADDITIONAL PAGES MUST CONTAIN THE HEADING "STA
.T OF.
TAKEN AT.DATED.CONTINUED,"
'THE BOTTOM OF EACH ADDITIONAL PAGE MUST BEAR THE INITIALS OF THE PERSON MAKING THE STATEMENT AND BE INITIALM
'PAGE.OF.
PAGES. ° WHEN ADDITIONAL PAGES ARE UTILIZED, THE BACK OF PAGE 1 WILL BE LINED OUT, AND THE

STATEMENT WILL BE CONCLUDED ON THE REVERSE SIDE OF ANOTHER COPY OF THIS FORM,
363
DA FORM 2823, JUL 72c
SUPERSEDES DA FORM 2823, 1 JAN 68, WHICH WILL BE USED,
USAPPC V2:0012 62
'
STATEMENT (Continued)
.VOTHING FOLLOWS.
AFFIDAVIT , HAVE READ OR HAVE HAD READ TO ME THIS STATEMENTWHICH BEGINS ON PAG
1 AND ENDS ON PAGE I FULLY 'UNDERSTAND
THE CONTENTS OF THE ENTIRE STATEMENT MADEBY ME. THE STATEME IS TRUE. I HAVE INITIALED ALL CORRECTIONS AND
HAVE INITIALED THE BOTTOM SACH PAGE
CONTAINING THE STATE ENT. I HAVE MADE THIS STATEMENT FREELY WIT
THREAT OF PUNISHMENT WITHOUT
AND WITHOUT COERCION, UNLAWFUL INFLUENC
emeriti
WITNESSES:
Subscribed and sworn to beforeca person authorized by law to administer oaths, this Lir"
day of .72:1-720/1(43
-,49?-490c­
at
ORGANIZATION OR ADDRESS
(Typed Name o arson • min s er 9 Oath)
JO asd q3
• ..ORGANIZATION OR ADDRESS

!Authority To Administer Oaths)
01:682
.• INITIALS OF PERSON MAKING STATEMEN
PAGE
OF _PAGES .. I y7
DOD-015633

SWORN STATEMENT
For use of this form, see AR 190-45; the proponent a ency is ODCSOPS

• DATE TIME
FILE NUMBER
Fort Campbell, Kentucky.
2002/07/21.1550
IDDLE NAME
SOCIAL SECURITY NUMBER
ORGANIZATION OR ADDRESS
-
11111111111111
, WANT TO MAKE THE FOLLOWING STATEMENT UNDER OATH:
Q. Have you ever seen the photograph of John Walker Lindh blindfolded with the word "shithead" written on it?
A. I've heard about it, but never saw it.
Q. Were you a member of the 3rd Battalion S3 shop?
A. I arrived in December 2002.
Q. When did you become aware of an investigation regarding the photograph?
A. I thought the focus of this investigation was the April timeframe.
Q. What did you know about the document search? .

A. There was a weekend recall in response to the Motion for Discovery. I didn't participate in that, I deployed instead.
Q. Have you heard any discussions about the photograph?
A. For us, its a dead issue; not discussed.
NOTHING FOLLOWS.
--.
EXHIBIT I INITIA
• ADDITIONAL PAGES MUST CONTAIN THE HEADING "STATEME .TAKEN AT.DATED.CONTINUED,".1
C 8 3
THE BOTTOM OF EACH ADDITIONAL PAGE MUST BEAR THE INITIALS OF THE PERSON MAKING THE STATEMENT AND BE INITIALED
• -1,4S "PAGE.OF.PAGES."

WHEN ADDITIONAL PAGES ARE UTILIZED, THE BACK OF PAGE 1 WILL BE LINED OUT, AND THE
-J STATEMENT WILL BE CONCLUDED ON THE REVERSE SIDE OF ANOTHER COPY OF THIS FORM.

• DA FORM 2823, JUL 72 " SUPERSEDES DA FORM 2823, 1 JAN 88,'WHICH WILL SE USED. P
USAPPC V2.nn
SWORN STATEMENT
For use of this form, see AR 190-45;" the proponent a ency is ODCSOPS
OCATION
DATE TIME
/Fort Campbell, Kentucky. FILE NUMBER
2002/07/15.1530
MIDDLE NAME GRADE/STATUS
.0-3/CPT
, WANT TO MAKE THE FOLLOWING STATEMENT UNDER OATH:
Q. What was your duty position?
A. I was the Assistant S3 for the battalion.
Q. When did you return from Afghanistan?
A. February 7, 2002. 6 L9 -Li-.-
go or 00.•c.c. .( =-)"3

Q. Where was you-roffice located at MES?
A. I was a Detachment Commander and JSOTF at from December until I left. I never worked at
Q. How were you notified that the Department of Justice attorney Would be at Fort Campbell in February?
A. I knew it was going on, but was not involved. I knew that they wanted all of our photographs.
from DOJ or FBI. • I never spoke with anyone
Q. What was your understanding: bout why DOJ was at Fort Campbell?
A.
• I understood they were collecting information for JWL's trial and wanted everything we had.

Q. Have you ever seen the photograph?
A. I have seen the photograph, it was in a list of photos from the S3 computer after we returned from overseas. It was savedon the bard drive. I was going through photos, but didn't see the word "shithead" until the photo was
.blown up. _ Q. Why were you looking at the photographs? .I was just going through those that were on the laptop in the S3 shop.
-.." -)A.
Q. Who else had access to that laptop?
A.
Everybody had access to it and would look at photographs of what the other guys did over there.
Q.

A.

IDo you know the circumstances under which the photograph was given to the Department of Justice attorneys? know that DOJ asked for it, then the Discovery Motion came down and was told everything you have goes to them.
Q. Have you ever discussed the photograph with anyone else?
A. Everyone's discussed.% but only, after it became an issue in April.
Q. Have you ever seen the photograph being shown around the unit?
A. Not that I know of. .

Q. Did you delete or ever hear of anyone else deleting the photograph off the computer?
A. So far as I know it could still be on the laptop.
• 6.,6.poel-t
EXHIBIT
I INITIALS 0
MAKING STATEMENT
2
PAGE 1 OF
" PAGES
I
ADDITIONAL PAGES MUST CONTAIN THE HEADING "STAT .
TAKEN AT .DATED.CONTINUED.'
013G3
THE BOTTOM OF EACH ADDITIONAL PAGE MUST BEAR THE INITI44LS OF THE PERSON MAKING THE STATEMENT AND BE INITIALED 'AS "PAGE OF PAGES.' WHEN ADDITIONAL PAGES ARE UTILIZED, THE BACK OF PAGE I WILL BE LINED OUT, AND THE
STATEMENT WILL BE CONCLUDED ON THE REVERSE SIDE OF ANOTHER COPY OF THIS FORM.
•DATORM 2823, JUL 72
SUPERSEDES DA FORM 2823. 1 .IAM RR IA/6 .A/11 I be I ini-ps
STATEMENT (Continued)
Y .Q. Do you know when the photograph was given to
the Department of Justice attorneys? .•
-
A.. It was turned over in April. We'd been directed
to turn over everything we had. I'd actually been on leave at the time,
and when I came back in on Monday everything had
been turned in already.
Q. What else was turned over? 10 -141
A. All of our message traffic, which was still all evgr.-tlie S3 shop. -Lf
Q. Are you aware of anyone outside of 5th Group being shown the photograph?
A. Outside of 3rd Battalion, not aware of or ow of anyone seeing it. The photograph was not distributed to the JSOTF. I
received all message traffic from all b.) ­
3
Q. Have you seen the photograph since?
A. I never saw the photo again.
NOTHING FOLLOWS.
AFFIDAVIT , HAVE READ OR HAVE HAD READ TO ME THIS STATEMENTWHICH BEGINS ON AGE 1 AND ENDS ON PAGE 2 . I FULLY UNDERSTAND THE CONTENTS OF THE ENTIRE STATEMENT MADEBY ME. THE STATE ENT IS TRUE. I HAVE INITIALED ALL CORRECTIONS AND HAVE INITIALED THE BOTTOM OF EACH PAGECONTAINING THE S TEMENT. I HAVE MADE THIS STATEMENT FREELY WITHOUT HOPE OF BENEFIT OR REWARD, WITHOUTTHREAT OF PUNISH ENT, AND WITHOUT COERCION, UNLAWFUL INFLUE
UC ENT
e •n ra
b.\ 153
WITNESSES!
Subscribed and sworn to before me, a person authorized by law to administer oaths, this e:31) day of -S•r-PWINYZ
, 4a..7002
at
ame o ers•n Administering Oath)
ro asr ?3‘
ORGANIZATION OR ADDRESS
(Authority To Administer Oaths)
01 G35
o L9-4
INITIALS OF PERSON MAKING STATEMENT
. •¦
. • • ..- -— – – - ••• - PAGE 2 OF
2 • PAGES
t? 21
SWORN STATEMENT
For use of this form, see AR 190-45; the proponent a
ency is ODCSOPS DATE •
ort Campbell, Kentucky TIME FILE NUMBER
2002/07/15 •c
1225 .
MIDDLE NAME SOLI GRADE/STATUS
ORGANIZATION ADDRESS
c
, WANT TO MAKE THE FOLLOWING STATEMENT UNDER OATH:
Q. Where did you work in Afghanistan, and what was your duty position?
A. I worked in the Support Center; I was the acting Battalion S4.
Q. When did you return from Afghanistan?
A. I got back about February 7, 2002.
Q. When were you first notified that Department of Justice attorney would
collect photographs? be at Fort Campbell to conduct interviews and
A. I was notified anyone who had contact with John Walker Lindh was to speak with them and show them photographs. I
gave a copy of the photograph to the DOJ on a CD in February. It was from a laptop.
Q. What were you told about the reason for the DOJ visit?
A. I was told they were here investigating anyone who had contact with Walker. My name was brought up because of the
photograph. We had slot of photographs.
Q. How many cameras did your section have, and what did you do with them?
A. We had two cameras. I would get them from the guys when they came back in, then I would download all their
photographs and transfer them to the S3. I would use a flashcard to make the transfer.
Q. What did you do with the photographs when the teams brought the cameras back in to you? .• A.. The cameras would be downloaded to the hard drive of my laptop, into a file I made there.
Who else had access to the laptop you used?
A. Others in the section had access to that laptop (SSG c
SGAII6SGT111116, SGMAIFIM
Q. Describe the Support Center computer? c — Lf
I
b 1D4
A. It was used for Support Center business. It was not networked, but at the end of our time overseas it did have internet
access.
Q. Why did you take the CD- to the S2?
A. Wanted to classify the.photographs because there were pictures of 5th Group personnel on them. Teamguys, their f aceOGA faces. The classification stuff was discussed with the attorney or agents: Prior to handing over we informed them thefaces were classified sensitive. The attorney recommended secret - this would allow the defense attorney to still see the
photographs but wouldn't put them into the public domain.
— I
Q. Do you know whether the photograph was ever deleted from your laptop? c Le LE
A. A copy remained on the bard drive, and we were told NOT to delete anything by the ,chain of command. LTC
the Battalion Commander said don't delete, I'm not sure if the Group Commander ever said anything like that. We got that
word about two weeks after DOJ was at the unit in February.
Q. What was the attitude of the Department of Justice attorney when you met with them in February 2002? Was it a casual
meeting, or did you receive any type of formal briefing of what they expected?
A. It was all casual, there was no inventory of the photographs we provided at that time. They just needed everything, so we
downloaded everything we could onto the disk.
66-4 I b?-e_ 74
EXHIBIT INITIALS 0 NG STATEMENT
I
PAGE 1 OF
3 PAGES
ADDITIONAL PAGES MUST CONTAIN THE HEADING "STATEP
ED.° 0
THE BOTTOM OF EACH ADDITIONAL PAGE MUST BEAR THE INITIA S OF THE PERSON MAKING THE STATEMENT AND BE INITIALED
636
AS "PAGE OF PAGES." WHEN ADDITIONAL PAGES ARE UTILIZED, THE BACK OF PAGE 1 WILL BE LINED OUT, AND THE STATEMENT WILL BE CONCLUDED ON THE REVERSE SIDE OF ANOTHER COPY OF THIS FORM.
DA FORM 2823, JUL 72
SUPERSEDES DA FORM 2823, 1 JAN 88, 110-110-1" WILLEM USED. / /
I/SA Difi•
AA
STATEMENT (Continued)
OtRING FOLLOWS.
AFFIDAVIT
, HAVE READ OR HAVE HAD READ TO ME THIS STATEMENT
GINS ON GE 1 AND ENDS ON PAGE
WH 3 . I FULLY UNDERSTAND THE CONTENTS OF THE ENTIRE STATEMENT MADE
BY ME. THE STAT ENT IS TRUE. I HAVE INITIALED ALL CORRECTIONS AND HAVE INI
CONTAINING THE ST TEMENT. I HAVE MADE THIS STATEMENT FREELY WIT

D THE BOTTOM OF EACH PAGE BENEFIT OR REWARD, WITHOUT
THREAT OF PUNISH NT, AND WITHOUT COERCION, UNLAWFUL INFLU
NT.

eking Statement)
b6-4-1 b Te_—Lt
WITNESSES:
Subscribed and sworn to before me, a person authorized by law to
administer oaths, this ,34 day of
at

ORGANIZATION OR ADDRESS
6-2
(Type•tame o
, muni enng Oat
ORGANIZATION OR ADDRESS
(Authority To Administer Oaths)
.013637
INITIALS OF PERSON MAKING STATEMENT

PAGE .3 OF 130-
3 PAGES
DOD-015638

SWORN STATEMENT
For use of this form, see AR 190-45; the proponent a ency is ODCSOPS
• . - LOCATION
(DATE.
TIME
1. -'• ; Fort Campbell, Kentucky FILE NUMBER
2002/07/15.1115
. ME, MIDDLE NAME
SOCIAL S
GRADE/STATUS
.0-3
ORGANIZATION OR ADDRESS
5th Special Forces Group (Airborne)
b Lp ­
, WANT TO MAKE THE FOLLOWING STATEMENT UNDER OATH:
Q. How were you notified the Department of Justice attorney would be at Fort Campbell in February 2002 to conduct
interviews?
A. I have no idea how the Department of Justice contacted members of 5th Special Forces Group in February 2002. I was
not interviewed by any Department of Justi ttomey, and have never been . y them.
Q. How were you notified the Dep.• 1111
4k Of Justice would conduct interviews in April 2002?
A. I was told something back in April
.
. ... :..!. • . I dum or letter that we had to read. SF ra
something he had to read and send back; I never got one. . showed me
Q. So the DOJ attorney never interviewed you or contacted you? ., . b IQ - Lf I b3-e_ — Li
A. Last Friday (July 2002) the DOJ attorney sent a fax sking fo .those. Ji -0.44. ormation about another set of notes; I was the author of
Q. When did you first see the photograph?
A. I first saw the photograph of John Walker Lindh with the word "shithead" written across the blindfold, and five members Special Forces Group also in the photograph, at the end of February when the FBI was down policing up evidence. SGT
lc
rought a CD intoy office to check for classified items. I saw the photograph on the CD.
Q. What did you do with e CD?
A. I downloaded everything on the CD to my computer hard drive, then deletedwithout the photograph; we didn't have a read-write CD. . the .photograph. Then I burned a new CD
......; ..: , (2. What did you do with the original CD after you created the second CD?
...
. .-.' (A. I'm not sure what happened to the original CD. I may have kept it, or gave it back, I'm not sure - I'd have to check for it.
Q. Did you give the CD to the FBI agent?
A. I never met with the FBI agent. Somebody just told me they were there and to give them what we've got to help build the
prosecution's case.
Q. How were you notified to begin collection of documents in April 2002?
A. I found out about the Motion for Discovery when I got back after a trip to Jordan.
already been turned over, so I didn't turn over another copy. I learned that the photograph had

Q. Do you know who turned in the photograph in April -2002?
19. 1., - LE 1 .b-e_ -Lf
A. Someone else had a copy, I don't know who. I was told that LTC.d it.
Q. Can you recall whether you destroyed the original CD or not?
A. .The CD from February was either destroyed or left in the office. .
-
Q. Can yo recall who brought ydir the CD?
A. SGT
rought the CD to my office, and we pulled up all the photographs to review for classification purposes.
On ce pulle.
could easily read the word written on JWL's blindfold. .
-4-
EXHIBIT I INITIALS OF PERSO STATEMENT
1C--
I PAGE 1 OF _4.Z PAGES
ADDITIONAL PAGES MUST CONTAIN THE HEADING "STATEMENT OF
.AKEN AT.ATED.
.•:' • THE BOTTOM OF EACH ADDITIONAL PAGE MUST BEAR THE INITIALS OF THE PERSON MAKING THE CONTINUED.'
n ct, ri 0
.
HE STATEMENT AND BE INITIAL M
•As "PAGE OF PAGES." WHEN ADDITIONAL PAGES ARE UTILIZED, THE BACK OF PAGE 1 WILL BE LINED OUT, AND THE A 01.3 04..3
IST
ATEMENT WILL BE CONCLUDED ON THE REVERSE SIDE OF ANOTHER COPY OF THIS FORM.
DA FORM 2823, JUL 72c
• SUPERSEDES DA FORM 2823, 1 JAN 68, WHICH WILL EiE USFn
177
DOD-015639

STATEMENT (Continued)
NOTHING FOLLOWS.
AFFIDAVIT , HAVE READ OR HAVE HAD READ TO ME THIS STATEMENTWHICH BEGINS ON •AGE 1 AND ENDS ON PAGE LLY UNDERSTAND THE CONTENTS OF THE ENTIRE STATEMENT MADE
BY ME. THE STAT ENT IS TRUE. I HAVE INITI
D ALL CORRECTIONS AND
ITIALED THE BOTTOM OF EACH PAGECONTAINING THE S ATEMENT. I HAVE M
HIS STATEMENT FREELY W
THREAT OF PUNISH ENT, AND WI RD, WITHOUT
COERCION, UNLAWFUL INFLUE
WITNESSES;
Subscribed and sworn to afore me, a person authorized by law to administer oaths, this
3 day of ,1110n2
at
/2,
tf.a.
OR GANIZATION OR ADDRESS
h)
A-
ype 'ame
staring ath1
CO Us C__ 36 (14 O arn
• ORGANIZATION OR ADDRESS U.l.OUOU
( othority To Administer Oaths)
10(D--(4-
INITIALS OF PERSON MAKING STATEMENT
/34
PAGE
PACIFR
DOD-015640

SWORN STATEMENT For use of this form, see AR 190-45; the proponent a ency is ODCSOPS
-.*.LOCATION
TIME
Fort Campbell, Kentucky DATE FILE NUMBER
2002/07/15.1100
MIDDLE NAME
GRADE/STATUS
, WANT TO MAKE THE FOLLOWING STATEMENT UNDER OATH:
Q. When did you return om Afghanistan?
A. Came back on 7 March.
Q. Were you ever interviewed by a Department of Justice attorney?
A. No. The first time I was ever interviewed about the photograph was by the Investigating Officer in the earlier AR 15-6
Investigation. I provided him a written statement.
Q. When did you first see the photograph?
A. I was the photographer.
Q. When did you next see it?
A. It was still in the camera.
Q. Did you ever see it after that time?
A. I never saw it again.

Q. Whose camera was used to take the photograph?
A. It was a detachment camera.
.\pip-Li V3--a_-9-
Q. Do you know who had the cam.r the photograph was taken9A. The camera went back to MS

A. I don't know how it was downloaded.Q. Do you know who or how the photograph was downloaded to any computer in the Support Center?

Q.
Did you ever use the same digital camera after that?

A.
I don't believe we used that particular-camera again.

Q.
Did you delete the photograph from the digital camera?

A.
I took no steps to delete the photograph.

Q.
Do you knoW who the unit point4 contact for the Department of Justice interviews in February ordocument collection in

April 2002?
A. I'm not sure who was in charge of collection efforts in February or April.
Q. Are you aware4 t other's outside 5th Group were shown the photograph?
A. I know MS4:3 told some people about it, and others had seen it, but I have no idea who would have had access to it
NOTHING FOLLOWS.

EXHIBIT
RSON MAKING STATEMENT

I PAGE 1-0F
2 PAGES
ADDITIONAL PAGES MUST CONTAIN THE HEADING "STATEMENT OF.TAKEN AT.DATED.
THE BOTTOM OF EACH ADDITIONAL * CONTINUED.".0
PAGE MUST BEAR THE INITIALS OF THE PERSON MAKING THE STATEMENT AND BE INITIALED 136 9 0 PAGES." WHEN ADDITIONAL PAGES ARE UTILIZED, THE BACK OF PAGE 1 WILL BE LINED. OUT, AND THE STATEMENT WILL BE CONCLUDED ON THE REVERSE SIDE OF ANOTHER COPY OF THIS FORM.
• AS "PAGE-.OF.
DA FORM 2823, JUL 72c
• SUPERSEDES DA FORM 2823, 1 JAN 68,
-WHICH WILL BE USED. r-
Ile
DOD-015641
STATEMENT (Continued)
NOTHING FOLLOWS.
x.
AFFIDAVIT , HAVE READ OR HAVE HAD READ TO ME THIS STATEMENTWHICH BEGINS ON AGE 1 AND ENDS ON PAGE 2 . I FULLY UNDERSTAND THE CONTENTS OF THE ENTIRE STATEMENT MADEBY ME. THE STA ENT IS TRUE. 1 HAVE INITIALED ALL CORRECTIONS AND HAVE INITIALED THE BOTTOM OF EACH PAGE •CONTAINING THE S
ATEMENT. I HAVE MADE THIS STATEMENT FREELY WITHOUT HOPE DEBENEFIT OR REWARD, WITHOUT
THREAT OF PUNISH ENT, AND WITHOUT COERCION, UNLAWFUL INF
ng Statement)
WITNESSES:
Subtend sworn to before me, a person authorized by law to administer oaths, this• day of gen­
" etga?,-A , 11-Z5t1.-
at
ORGANIZATION OR ADDRESS
th)
a(
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me o e ministering Oath)
/D CISH 3C
ORGANIZATION OR ADDRESS
(Authority To dminister Oaths)
IN SON
TIGC;ATEMETT —
PAGE 2 OF •2
PAGES
DOD-015642

SWORN STATEMENT
For use of this form, see AR 19046;•the proponent a
entry is ODCSOPS
LOCATION
DATE TIME
Fort Campbell, Kentucky FILE NUMBER
2002/07/15.• 1205
MIDDLE NAME
SOCI
ORGANIZATION OR ADD• SS
, WANT TO MAKE THE FOLLOWING STATEMENT UNDER OATH:
Q. Have you ever seen the photograph of John Walker Lindh with the word !shithea..“ written on his blindfold?
A. I saw the photograph in December or January while we were still
atm. I worked as the NCOIC of the Support Center
in AfEjmnistan, and I saw it there. . bra-) rya
Q. Specifically where did you see the photograph?
A. On a laptop computer in our section area. It was a laptop that was used for MWR purposes, so it had Internet access. The
MWR laptop was not networked, bu .
ed for unclassified activities. don't recall who showed me the photograph, it
could have been a team guy or SGT .
to -.7_c_
Q. What was your conversation at that time about the photograph?
A. I think it was, hey check this photo out. It was nonchalant.
Q. Have you seen the photograph at any time since then?
A. I only saw it that one day. Whoever showed it to me had the camera hooked up to the laptop.
Q. Was it downloaded to the hard drive?
A. It was not on the hard drive to my knowledge.
Q. Did anyone make copies of the photograph?
A. I know of no one reproducing or storing it, or any talk about distributing it.
Q. Did anyone email it home?
A. I don't think anyone emailed it home.
Q. What format did you see it in?
A. It was just on the monitor. I hive never seen any other photos of JLW like it.
Q. Have you seen it since that time in December or January?
A. I haven't seen it since.
Q. Was anyone else in the Support..Center when you saw it?
A. I think I was the only one present at the time.
Q. Did you make any copies of the photograph?
A. I didn't make a copy
Q. Did you ever distribute it?
A. No.
Q. Did you ever delete it?
A. N.
EXHIBIT
I INITIALS OF PERSON MAKING STATEMENT
PAGE 1 OF • 2
PAGES
I
ADDITIONAL PAGES MUST CONTAIN THE HEADING "STATEMENT OF _TAKEN AT
.- ...
.DATED.CONTINUED.".
THE BOTTOM OF EACH ADDITIONAL PAGE MUST BEAR THE INITIALS OF THE PERSON MAKING THE STATEMENT AND BE INITIALED
. . AS "PAGE.OF.013892
PAGES.' WHEN ADDITIONAL PAGES ARE UTILIZED, THE BACK OF PAGE 1 WILL BE LINED OUT, AND THE
1STATEMENT WILL BE CONCLUDED ON THE REVERSE SIDE OF ANOTHER COPY OF THIS FORM.

DA FORM 2823, JUL 72c
SUPERSEDES DA FORM 2823; 1 JAN 68, WHICH WILL BE USED.
137
USAl,PC VTANI
DOD-015643
STATEMENT (Continued)
Q. What did you think the impact of the photograph would be?
A. I didn't think about it at the time.
Q. Do you know if the photograph could still be on the laptop hard drive? hard
Two or three weeks after seeing the photograph, the MWR laptop computer hard drive crashed and had to be rebooted.
This happened while we were still overseas. •
Q. Were you interviewed by the Department of Justice about the photograph in March or April 2002? •
A. DOJ didn't talk to me. There was some scuttlebutt like from the S2 maybe, has anyone seen this photograph? Then the
Investigating Officer talked to us for the 15-6 investigation in April 2002.
Q. Are you aware that others outside of 5th Group have seen the photograph, other than the one that was on the news?
A. No one I knew of had seen a copy of the photo. I saw it on CNN and am not aware anyone outside Group has seen it.
NOTHING FOLLOWS.
AFFIDAVIT HAVE READ OR HAVE HAD READ TO ME THIS STATEMENTWHICH BEGINS ON PA E 1 AND ENDS ON PAGE 2 . I FULLY UNDERSTAND THE CONTENTS OF THE ENTIRE STATEMENT MADEBY ME THE STATEM
NT IS TRUE. I HAVE INITIALED ALL CORRECTIONS AND HAVE INITIALED THE BOTTOM OF EACH PAGE
CONTAINING THE ST EMENT. I HAVE MADE THIS STATEMENT FREELY WITHOUT HOPE OF BENEFIT OR REWARD, WITHOUT -THREAT OF PUNISHM
NT, AND WITHOUT COERCION, UNLAWFUL INF ENT.
Statement)
6 6-4
WITNESSES:
Subscribed and sworn to before me, a person authorized by law to -,i21,
administer oaths, this Q day of 2&,
Z at
ORGANIZATION OR ADDRESS \io
-D-
Adminis ering Oath)
10 115e
•. ORGANIZATION OR ADDRESS 13f,
. (Authority To At/minister Oaths)
OIC 693
INITIALS OF PERSON MAKING STATEMENT
PAGE 2 OF 2

PAGES
I 7 b
SWORN STATEMENT
For use of this form, see AR 190-45; the proponent agency is ODCSOPS
PRIVACY ACT STATEMENT
AUTHORITY:
Title 10 USC Section 301; Title 5 USC Section 2951; E.O. 9397 dated November 22, 1943
PRINCIPAL PURPOSE: . (SSN).

To provide commanders and law enforcement officials with means by which information may be
ROUTINE USES: -accurately Your social security number is used as an additionalhiltemate means of identification to facilitate filing and retrieval.
DISCLOSURE:
Disclosure of your social security number is voluntary.
1. LOCATION
2. DATE fYYYVMMDDI
Fort Campbell, Kentucky 3. TIME 4. FILE NUMBER
2002/07/15
1615 -
T NAME, MIDDLE NAME
6. SSN
7. GRADE/STATUS.
06/COL
eimmofc
OR ADDRESS
5th Special Forces Group (Airborne)
9. bu-q
, WANT TO MAKE THE FOLLOWING STATEMENT UNDER OATH:
Q. When did you return from Afghanistan?
A. I got back at the end of March 2002.

Q. How were you notified of the D artment of Justice interviews in February? .
A. I really can't remember. Lc
as handling the February interviews, but I can't imagine that he didn't tell me aboutit. I Imow wp spoke about them bemg ere. c
\o La _
Q.
Were you eyer interviewed by the Department of Justice attorney?
A. I never spoke to anyone at DOJ or FBI.
Q. Do you know if there•was any guidanced as to the left and -right limits of the DOI interviews?
A. There were none that I am.aware of.
...Q. Do you know who the point of contact VAR
I think it was our IMA attorney, CPT

TC Frankc
would know better.

When did you first see the JWL photograph?

A.
The day or day after they found it; I saw it here in

about it. my office. It was the first I'd heard about it. LTC11.111111told me
Q. Do you know how it was found? .
A. They were going through hard drive data and found it. The Team Sergeant thought twice about it, it was a dumb thing, and
erased it. Electrons being electrons, it found its way into the Ops shop. No one even knew it was there.
.
Q. Did you see the photograph in hard copy or digital?
A. I saw it hard copy.
Q. Do you recall what you did with.the photograph? .
A. They classified it and sent it forward with the other stuff.
Q. Did you ever discuss the photograph and its taking with anyone?
A. I certainly discussed the situation with all the Team Leaders and above.
.
Q. Have you seen the photograph since it was first shown to you?
A. I haven't seen it since, or heard about it.
Q. Did you show it to anyone else?
A
. I was at Fort Bragg for another event shortly after, but did not show and discuss it with MG Lambert as I had intended
time considerations.
; due to
NOTHING FOLLOWS.

-416a-c_-4
10.. EXHIBIT
11. INIc
TEMENT PAGE 1 OF
4113 394
il
• ..)DITIONAL PAGES MUST CONTAIN THE HEADING "STATE
DATED

THE BOTTOM OF EACH ADDITIONAL PAGE MUST BEAR THE INITIALS
MUST BE BE INDICATED. .OF THE PERSON MAKING THE STATEMENT, AND PAGE NUMBER )3?
INA ertnna nrs"... ....... .......—

do.
. . t STATEMENT 0
TAKEN AT Fort Campbell, KY
DATED 2002/07/15 •
. STATEMENT (Continued]
ROTHING FOLLOWS.
66-4 EDETL-9-

AFFIDAVIT
, HAVE READ OR HAVE HAD READ TO ME THIS STATEMENT WHIc 1, AND ENDS ON PAGE 2 . I FULLY UNDERSTAND THE CONTENTS OF THE ENTIRE BY ME. THE STATEM NT IS TRUE. 1 HAVE INITIALED ALL CORRECTIONS AND HAVE INITIALED THE BOTTO
CONTAINING THE ST EMENT.
1 HAVE MADE THIS STATEMENT FREELY WITHO • •E • BE
THREAT OF PUN1SHM T, AND WITHOUT COERCION, UNLAWFUL INFL
WITNESSES: Subscribed and sworn to before me, a person authorized by law to
administer oaths, this 0..7 day of
4-Rael'9-
at
t, a Inin I
ORGANIZATION OR ADDRESS

ORGANIZATION OR ADDRESS
(Authority To Administer Oaths)
010 635
1 INITIALS OF PERSON MAKING STATEMENT • •• • /
PAGE 2 OF 2
PAGES •
PAGE 1. rIA LAMA .111.20 "en ',inn., , . 1.
DOD-015646
BATES PAGES 13696-13698
HAVE BEEN WITHHELD IN THEIR ENTIRETY

-REFERRED TO THE EXECUTIVE OFFICE OF THE
UNITED STATES ATTORNEY, DEPARTMENT OF
JUSTICE FOR CONSULTATION.

Marie A. O'Rourke, Assistant Director FOIA/Privacy Unit Executive Office for United States Attorneys Department of Justice Room 7300, 600 E Street, N.W. Washington, DC 20530-0001

Doc_nid: 
3624
Doc_type_num: 
66