UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF NEW YORK

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EHAB ELMAGHRABY and JAVAID IQBAL,

Plaintiffs,
PLAINTIFFS’ FIRST SET OF
-against- INTERROGATORIES AND REQUESTS
FOR THE PRODUCTION OF
DOCUMENTS TO DEFENDANT
JOHN ASHCROFT, Attorney General of the JOHN ASHCROFT
United States; et al.
04 Civ. 1809 (JG) (SMG)

Defendants.
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PLEASE TAKE NOTICE that, pursuant to Rules 26, 33, and 34 of the Federal Rules of

Civil Procedure, and the Local Civil Rules of the Eastern District of New York, plaintiffs EHAB

ELMAGHRABY and JAVAID IQBAL request that defendant JOHN ASHCROFT provide

responses to the within requests and produce all responsive documents subject to his possession,

custody, or control for inspection and copying at the offices of KOOB & MAGOOLAGHAN, 19

Fulton Street, Suite 408, New York, New York 10038, within thirty (30) days of service of this

demand.

DEFINITIONS

1. Plaintiffs incorporate by reference Local Civil Rule 26.3, Uniform Definitions in

Discovery Requests, for application to the within requests, and set forth the following additional

definitions:

2. “MDC” refers to the Metropolitan Detention Center operated in Brooklyn, New York,

by the U.S. Bureau of Prisons.

 3. “ADMAX SHU” refers to the MDC’s Administrative Maximum Special Housing Unit.

4. “Plaintiffs” refers to Ehab Elmaghraby and Javaid Iqbal.

5. “You” and “Your” refer to defendant John Ashcroft in his own person and excludes his

agents, assigns, delegates, and representatives.

6. “Law enforcement agents” and “Law enforcement agencies” refer to any individual or

group of individuals vested by any federal, state, or local government or governmental agency

with lawful authority to stop, arrest, or detain persons within the United States on suspicion of

such persons’ participation in, or material knowledge regarding, crimes, violations of U.S.

immigration law, or terrorist conspiracies and acts.

7. “Between,” when used in reference to a period of time specified by beginning and end

dates, shall be construed to include the beginning and end dates.

8. “Department of Justice,” “Department” (when capitalized), and “DOJ” refer to the

United States Department of Justice and all of its divisions, bureaus, offices, units, officers, and

representatives, including but not limited to the Federal Bureau of Investigation, the Bureau of

Prisons, and the Immigration and Naturalization Service.

9. “FBI” refers to the Federal Bureau of Investigation.

10. “BOP” refers to the Bureau of Prisons of the Department of Justice.

11. “INS” and “Immigration and Naturalization Service” refer to the Immigration and

Naturalization Service or to U.S. Immigration and Customs Enforcement, as appropriate to the

time period to which a request relates.

12. “Electronically archived” means stored by means of any analog or digital media in a

format from which information may be obtained (translated, if necessary, through detection

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devices into reasonably usable form), whether or not formatted according to the same protocol, or

with the same software, as was originally used to encode, transmit, view, or store the information.

13. “Control,” when used in reference to a document, means available for any type of

inspection, duplication, or custody by You pursuant to a right, privilege, opportunity, authority or

discretion presently vested in You.

14. “Apprehend,” when used in reference to action taken by law enforcement agents,

means to stop, seize, arrest, or detain.

15. “September 11 Investigations” means investigations conducted by the Department of

Justice or any division thereof, including but not limited to the Federal Bureau of Investigation

and the Immigration and Naturalization Service, to identify the terrorists who hijacked four

airplanes and used them to carry out attacks inside the United States on September 11, 2001; to

identify persons who aided those terrorists’ efforts; and to gather information for use in preventing

follow-up terrorist attacks in this country and against U.S. interests abroad.

16. “Conditions of confinement,” in reference to the detention of inmates, refers to

inmates’ opportunity to participate in recreational activities, engage in religious practice, consult

with legal counsel, receive social visits, communicate by telephone and mail, maintain personal

hygiene, and make commissary purchases; the procedures and process available to inmates to

contest any disciplinary charge, custodial status, or designation on ground of which is imposed

any restriction or penalty not imposed on all inmates in the same correctional facility or system of

correctional facilities; inmates’ subjection to solitary confinement or mechanical restraints;

inmates’ subjection to surveillance, including audio and video surveillance; inmates’ subjection to

searches of their living quarters or persons, including body cavity searches; inmates’ freedom of

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movement; the shelter, diet, and medical care provided to inmates; and officers’ use of force

against inmates.

INSTRUCTIONS

1. Any response to these requests shall set forth the request in full before each response.

Separate responses shall be provided with respect to any request requiring a response.

2. If a document is called for under more than one request, it should be produced in

response to the first request and a notice appended to it stating the other request to which it is

claimed that such document is responsive.

3. If copies or drafts exist of documents the production of which has been requested

herein, produce and submit for inspection and copying each and every copy and draft which

differs in any way from the original document or from any other copy or draft.

4. If a document is not produced on the basis of a claim of privilege, identify the

document and the type of privilege claimed, setting forth sufficient facts relating to the nature of

the document to establish that it is within the scope of such privilege.

5. If any document requested herein was at one time in existence, but has been lost,

discarded or destroyed, identify such document as completely as possible, providing as much of

the following information as possible:

a. The type of document;

b. Its date;

c. The date or approximate date it was lost, discarded, or destroyed;

d. The circumstances and manner in which it was lost, discarded or destroyed;

e. Its contents and/or subject matter; and

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 f. The identity of all persons having knowledge of the contents thereof.

INTERROGATORIES

1. Please identify all documents in Your possession, custody, or control concerning

Your personal knowledge of or participation in the conception, creation, operation, function,

character, population, conditions, or modification of the Administrative Maximum Special

Housing Unit (“ADMAX SHU”) at the Metropolitan Detention Center (“MDC”) in Brooklyn,

New York, including but not limited to the following:

a. Electronic communications and e-mails, or printed or electronically

archived copies thereof, stored on or routed by a computer server
maintained by any agency or instrumentality of the United States;
b. Electronic communications and e-mails, or printed or electronically
archived copies thereof, transmitted to or from a personal computer of
which You are the lawful owner or to which You have access;
c. Electronic communications and e-mails, or printed or electronically
archived copies thereof, stored on or routed by a server maintained by any
business, legal or governmental entity other than an agency or
instrumentality of the United States;
d. Voice-mail messages, or transcripts thereof, recorded by callers to any
telephone line maintained in Your name or the name of any other person
with whom You reside or have resided since September 11, 2001;
e. Voice-mail messages, or transcripts thereof, recorded by callers to any
telephone line designated for Your use as an officer or employee of the
Department of Justice or for the use of any personal assistant of Yours at
the Department of Justice;
f. Calendars, appointment books, diaries, personal digital assistants, other
electronic devices, computer files, digital memory cards, or electronically
archived records indicating your appointments and activities;
g. Diaries or journals, whether handwritten, created with a computer, or
created with an audio recording device, containing Your remarks
concerning events, plans, meetings, actions, or activities;
h. Correspondence;

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 i. Memoranda;
j. Meeting minutes;
k. Meeting agendas;
l. Personal notes concerning meetings, communications, events, actions,
decisions, or other matters;
m. Audio recordings of meetings or communications in which You
participated or were present;
n. Records or logs identifying, by name or otherwise, visitors with whom You
have met in person;
o. Records, call slips, or logs identifying, by name or otherwise, individuals
who placed telephone calls to the executive office appointed by the United
States government for your use as an officer or employee of the Department
of Justice;
p. Records, call slips, or logs identifying, by name or otherwise, individuals
with whom You spoke by, or via relay from, any telephone service account
maintained at the Department of Justice;
q. Records, call slips, or logs identifying, by name or otherwise, individuals
with whom You spoke by, or via relay from, any cellular or mobile
telephone designated for Your use as an officer or employee of the
Department of Justice.

2. Please identify all documents in Your possession, custody, or control concerning

Your personal knowledge of, or participation in establishing or reviewing, any condition of

confinement directed or mandated by the Department of Justice for its custody of inmates

detained in connection with the September 11 Investigations, including but not limited to the

types of documents enumerated in Interrogatory No. (1) above.

3. Please identify all documents in Your possession, custody, or control concerning

Your personal knowledge of, or participation in the formulation of, procedures or criteria

according to which individuals apprehended by law enforcement agents in the United States have

been deemed of interest, of high interest, or of indeterminate interest to the September 11

Investigations, including but not limited to the types of documents enumerated in Interrogatory (1)

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above.

4. Please identify each individual with whom You have directly communicated since

September 11, 2001, concerning the conception, creation, operation, function, character,

population, conditions, or modification of the ADMAX SHU.

5. Please identify each individual with whom You have directly communicated since

September 11, 2001, concerning any condition of confinement directed or mandated by the

Department of Justice for its custody of inmates detained in connection with the September 11

Investigations.

6. Please identify each individual with whom You have directly communicated since

September 11, 2001, concerning the procedures or criteria according to which individuals

apprehended by law enforcement agents in the United States have been deemed of interest, of high

interest, or of indeterminate interest to the September 11 Investigations.

7. Please state how and when You first learned of the existence of, or learned or made

any plan to create, the ADMAX SHU.

8. Please identify all persons other than your attorney with whom you have

communicated concerning Your responses to the foregoing interrogatories.

DOCUMENT REQUESTS

1. Please produce all documents that You have personally authored or reviewed

concerning any policy or directive relating to the creation or operation of the Administrative

Maximum Special Housing Unit (“ADMAX SHU”) at the Metropolitan Detention Center

(“MDC”) in Brooklyn, New York.

2. Please produce all documents that You have personally authored or reviewed

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concerning any policy or directive relating to any condition of confinement directed or mandated

by the Department of Justice for its custody of inmates detained in connection with the September

11 Investigations, including but not limited to directives concerning the monitoring or recording

of attorney-client meetings and communications.

3. Please produce all documents that You have personally authored or reviewed

concerning any policy or directive relating to the designation of individuals apprehended by law

enforcement agents in the United States as being ‘of interest,’ ‘of high interest,’ or ‘of

undetermined interest’ to the September 11 Investigations.

4. For the period between September 11, 2001 and February 15, 2003, please produce

all documents that You personally wrote or reviewed concerning any risk created by the

movement or communications within the MDC of persons detained at that facility in connection

with the September 11 Investigations.

5. For the period between September 11, 2001 and January 15, 2003, please produce

all documents You have personally authored or reviewed concerning any complaint, grievance, or

request by or on behalf of any individual confined in the ADMAX SHU.

6. For the period between September 11, 2001 and January 15, 2003, please produce

all documents that You have personally authored or reviewed concerning the conditions of

confinement in the ADMAX SHU.

7. For the period between September 11, 2001 and January 15, 2003, please produce

all documents concerning direct communications between You and any individual concerning the

ADMAX SHU.

8. For the period between September 11, 2001 and January 15, 2003, please produce

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all documents concerning direct communications between You and any individual concerning any

condition of confinement directed or mandated by the Department of Justice for its custody of

inmates detained in connection with the September 11 Investigations.

9. For the period between September 11, 2001 and January 15, 2003, please produce

all documents concerning direct communications between You and any individual concerning the

criteria to be applied in designating individuals apprehended by law enforcement agents as being

‘of interest,’ ‘of high interest,’ or ‘of undetermined interest’ to the September 11 Investigations.

10. For the period between September 11, 2001 and January 15, 2003, please produce

all documents concerning direct communications between You and any individual concerning the

relevance of an individual’s race, ethnicity, national origin, or religion in determining whether that

individual was: (a) ‘of interest,’ ‘of high interest,’ or ‘of indeterminate interest’ to the September

11 Investigations; (b) to be placed, or evaluated for placement, in the ADMAX SHU; or (c)

subject to any condition of confinement directed or mandated by the Department of Justice for its

custody of inmates detained in connection with the September 11 Investigations.

11. For the period between September 11, 2001 and January 15, 2003, please produce

all documents concerning direct communications between You and any individual concerning

procedures, if any, by which individuals detained in the ADMAX SHU could challenge their

continued detention in that unit.

12. For the period between September 11, 2001 and January 15, 2003, please produce

all documents concerning direct communications between You and any individual concerning

procedures, if any, by which individuals detained in connection with the September 11

Investigations could challenge a condition of confinement directed or mandated by the

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Department of Justice for its custody of such inmates.

13. For the period between September 11, 2001 and January 15, 2003, please produce

all documents concerning direct communications between You and any individual concerning the

procedures or standards followed to clear any person of a designation pursuant to which he or she

had been: (a) placed in the ADMAX SHU; or (b) subject to any condition of confinement directed

or mandated by the Department of Justice for its custody of inmates detained in connection with

the September 11 Investigations, including but not limited to: (i)

and (ii)

14. For the period between September 11, 2001 and January 15, 2003, please produce

all documents that You personally reviewed and thereafter caused to be distributed to any officer,

representative, or employee of the Department of Justice directing that officer, representative, or

employee to take a particular measure concerning any individual detained in the ADMAX SHU

whom the document identifies by name, alias, number, or other identifying information.

15. For the period between September 11, 2001 and January 15, 2003, please provide

all documents that You personally wrote or reviewed identifying one or more individuals by

name, alias, number, or other identifying information and concerning whether that person should

be: (a) deemed ‘of interest,’ ‘of high interest,’ or ‘of indeterminate interest’ to the September 11

Investigations; (b) detained on the ADMAX SHU; or (c) detained under a condition of

confinement directed or mandated by the Department of Justice for its custody of individuals

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detained in connection with the September 11 Investigations.

Dated: December 16, 2005

New York, New York

KOOB & MAGOOLAGHAN

Attorneys for Plaintiffs
By:

s: \Keith M. Donoghue
Keith M. Donoghue [KD 8350]
19 Fulton Street, Suite 408
New York, New York 10038
Tel.: (212) 406-3095
kmd@kmlaw-ny.com

TO:

Counsel for Defendant John Ashcroft (by mail and electronic mail)
Larry Lee Gregg
Assistant United States Attorney
Office of the United States Attorney for the Eastern District of Virginia
2100 Jamieson Avenue
Alexandria, VA 22314
larry.gregg@usdoi.gov

All Counsel of Record (by electronic mail)

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