“ I do not believe that ethical behavior is something that can be directed during selective time periods. These examples are well known to the members of this office, yet there has been no public rebuke of the behaviors. Hence, the environment and behaviors continue to flourish. I am left to wonder why at an office meeting we were not told: "I understand that misrepresentations are being made concerning the facts of our cases. If I find out this happens again, the responsible party is going to be fired." "I understand that evidence is being withheld from our civilian leadership. ”

“ The topics covered and the comments made have been replaying in my mind since we ended the meeting. I have also reviewed Maj Preston's comments in his e-mail below, and I agree with them in every respect. I feel a responsibility to emphasize a few issues. I do not think that our current troubles in the office stem from a clash of personalities. It would be a simple, common, and easily remedied situation to correct if this were true. People could be reassigned or removed. It is my opinion that our problems are much more fundamental. ”

“ The additional "situations" that come to mind: The Moot Court: I witnessed Maj Preston and Capt Sullivan being urged to raise only a fraction of the issues they originally forecasted. Essentially, CDR Lang directed them not to mount a zealous defense. It was clear that, instead of a genuine vehicle for improving the United States' position in Military Commissions, the moot court was mere window dressing-the goal being to avoid criticism of our case preparation or courtroom presentation. The sages assumed we were a team and that we had all played a role in the preparation of al Bahlul. ”

“ Additionally, we alleged that al Qosi was involved with Mubarak and that al Bahlul was aware of Atta and Jarrah, and was somehow linked to a 9/11 meeting in Malaysia. I understand that significant policy decisions have yet to be vetted with DOJ OLC, and that they appeared less than totally comfortable with our theory of liability and culpability of the accuseds. The comments we have heard in the office appear to revolve around one goal - to get the process advanced to the point that it can not be turned off. ”

“ You and CDR Lang often refer to him as "the Presiding Officer," despite the fact that no PO has yet been chosen by the AA. In response to points raised regarding potential defense challenges, I often hear CDR Lang say one of 2 things: 1. The defense will never think of/do that, or 2. Rolfs won't let them go there. Discussions like these, in addition to knowledge that you have been sending things like the trial procedure guide to Rolfs for his comments, make me very uncomfortable. ”

“ In regard to this environment of secrecy, deceit and dishonesty, the attorneys in this office appear to merely be following the exampie that you have set. A few examples include: You continue to make statements to the office that you admit in private are not true. With many of the issues listed here, the modus operandi appears to be for you to make a statement at a meeting, pause, and when no one states a disagreement, assume that everyone is in agreement. ”

“ I consider the insistence on pressing ahead with cases that would be marginal even if properly prepared to be a severe threat to the reputation of the Military Justice System and even a fraud on the American people - surely they don't expect that this fairly half-assed effort is all that we have been able to put together after all this time. ”

“ Haynes and DOJ on the status of our cases, our theories of liability, and the likely timetable in which we would be able to prepare cases after al Bahlul and al Qosi. 4. Take immediate action within the office to develop a comprehensive prosecution strategy. 5. Take immediate action within the office to establish an environment that fosters openness, honesty, and ethical behavior. ”

“ It appears that even the results and critiques of the mock trial, described like so many other efforts in this office as a "home run," were manipulated to present the maximum appearance of endorsement (for example, the reorganization and bold- face in Lt Col Lietzau's critique that was openly discussed in the office) We originally alleged that the accuseds were responsible as principles for 9/11, the COLE and the embassy bombings. ”

“ At the conclusion of that meeting, there was some discussion about how the al Qosi attorneys were having trouble getting some interview documentation because John was making them articulate relevance of the documents. I thought the office view of Capt Carr was reflected by Mr. Keegan's response that he could "take care of Capt Carr." (Please note as a side issue that Karunesh's "quote" was completely inaccurate.) 6. No "vision:" We reorganize constantly. It's almost a joke. By the time somebody gets their feet wet in a particular case or task force, they're detailed to something else. ”

“ This environment appears to have been passively allowed to flourish, if it has not been actively encouraged. The examples are many, but a few include: 1 CDR Lang's misrepresentations at the Mock Trial - CDR Lang made many misrepresentations at the Mock Trial, to include stating that we had no reason to believe that al Bahlul had suffered any mistreatment or torture. ”

“ Preston, Robert, MAJ, DoD OGC; Carr, John, CPT, DoD OGC Subject: Allegations of misconduct and unprofessionalism against Chief Prosecutor Importance: High All: >/472006 Page 4 ssage Page 4 of 10 Please read below. Capt. Carr has made some serious allegations against me as the Chief Prosecutor—charges that, if true, mandate that I be relieved of my duties. Among other things, Capt. Carr. insists that an "environment of dishonesty, secrecy, and deceit" exists within the entire office. ”