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Elsherbiny, and an Iraqi national known as “Iraqi Mike.” The record evidence shows that none of these persons was acting at the direction of the military. John Israel, whom Major General Taguba named as a suspect in the abuse of prisoners at Abu Ghraib, translated for CACI interrogator Steven Stefanowicz. RS.112, Appendix C-36, at 3. Israel characterized Stefanowicz--whom Taguba identified as one of the ringleaders of the torture at Abu Ghraib -- as his “immediate military supervisor.” Id. Israel swore under oath that Stefanowicz directed him not to share what was occurring in the interrogations with the military. Id. at 18. Etaf Mheisen translated for CACI interrogator Daniel “DJ” Johnson, another CACI interrogator known from military reports to be a ringleader in the Abu Ghraib hard site abuse of prisoners. Statement of Facts (“SOF”) at 17. Etaf Mheisen aided and abetted in Johnson’s abuse of prisoners, which was not abuse directed by the military but by a CACI employee. Id. “Iraqi Mike” was a former member of Saddam Hussein’s Republican Guard and a former prisoner at Camp Bucca. SOF at 16, 19-20. L-3 violated the terms of the contract and the law by employing him as a translator in Iraq. Karpinski Decl. 10-11. Former General Janis Karpinski had unsuccessfully attempted to force L-3 to remove him from the 24
contract. Id. According to testimony from Private Charles Graner, Iraqi Mike, acting on his own initiative, beat and kicked a prisoner. Id. L-3 translator Hamza Elsherbiny also acted on his own initiative and violently assaulted an Iraqi prisoner. SOF at 12. He clearly was not acting at the direction of the military, as a military soldier was the person who saved the prisoner, and stopped L-3 Elsherbiny from continuing his assault. Id. L-3 did not – and cannot – point to any authorized military orders that caused this abuse. L-3 did not submit any declarations from these four translators claiming that they had been ordered by the military to abuse prisoners. L-3 did not take the deposition of any military person who claimed that he or she had ordered these four L-3 translators to abuse prisoners. The District Court failed to consider all of this evidence, which reveals that L-3 translators harmed prisoners on their own initiative or in conspiracy with CACI corporate employees. Instead, the District Court assumed – without any supporting evidence – that L-3 translators were ordered to abuse prisoners by military interrogators, not CACI interrogators. But CACI provided one-fourth of the interrogators at Abu Ghraib. See RS.111, Appendix C-31 (organizational chart for Abu Ghraib’s Joint 25
Page 1 and 2: NOT YET SCHEDULED FOR ORAL ARGUMENT
Page 3 and 4: Juma’a, Kamel Abood Khalaf Al Sam
Page 5 and 6: Hammad Abid Atwan, Jasim Faadhil Ha
Page 7 and 8: Mohammed, Ammar Juma’a Abid, Mali
Page 9 and 10: 08-7008 (D.C. Cir.) have filed a di
Page 11 and 12: B. The District Court Relied on Evi
Page 13 and 14: Cases TABLE OF AUTHORITIES 1010 Pot
Page 15 and 16: In re Tesch (Zyklon B Case), 13 Int
Page 17 and 18: West Point Elementary School Teache
Page 19 and 20: GLOSSARY OF ABBREVIATIONS AR U.S. A
Page 21 and 22: STATEMENT OF JURISDICTION The Distr
Page 23 and 24: District of Columbia. The District
Page 25 and 26: Ghraib. Major General Antonio Tagub
Page 27 and 28: employees adhere to United States s
Page 29 and 30: See also Peltier Dep. 156-157; RS.1
Page 31 and 32: Crowley Decl. 5. L-3 told its trans
Page 33 and 34: RS.112, Appendix C-43. L-3 witnesse
Page 35 and 36: (4) Evidence Produced by the Milita
Page 37 and 38: the Iraqi Republican Guard and enem
Page 39 and 40: Rumminger Dep. 167 (Nakhla “spent
Page 41 and 42: military. Finally, as set forth in
Page 43: preempted only to the extent necess
Page 47 and 48: authority to demand that L-3 transl
Page 49 and 50: SEALED MATERIAL DELETED Third, the
Page 51 and 52: Memorandum prevented L-3 translator
Page 53 and 54: 902, 904 (D.C. Cir. 1992)(summary j
Page 55 and 56: L-3 has produced no evidence from t
Page 57 and 58: (3) L-3’s Self-Serving Litigation
Page 59 and 60: obey operational instructions from
Page 61 and 62: A. The Military Is Opposed to Such
Page 63 and 64: their employees, officers, and subc
Page 65 and 66: community governed by a separate di
Page 67 and 68: not change the fact that it was the
Page 69 and 70: in Boyle used as a touchstone wheth
Page 71 and 72: Hudgens v. Bell Helicopters/Textron
Page 73 and 74: Kellogg, Brown and Root, 444 F.Supp
Page 75 and 76: Applying the combatant activities e
Page 77 and 78: applied to insulate the corporate c
Page 79 and 80: The Supreme Court in Sosa examined
Page 81 and 82: Doe v. Islamic Salvation Front, 993
Page 83 and 84: knowing it would be used to kill);
Page 85 and 86: Respectfully submitted, Susan L. Bu
Page 87 and 88: ADDENDUM: STATUTES AND REGULATIONS
Page 89 and 90: Uniform Code of Military Justice, P
Page 91 and 92: or suffering incidental to lawful s
Page 93 and 94: laws. Obtaining personal services b
Page 95 and 96:
(c) Outrages upon personal dignity,
Page 97 and 98:
U.S. Army Regulation 190-8, Enemy P
Page 99 and 100:
give directions to their employees.
Page 101:
CERTIFICATE OF SERVICE Saleh, et al
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