UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA INTERNATIONAL COUNSEL BUREAU and PILLSBURY, WINTHROP, SHAW,

PITTMAN, LLP, ex rel KUWAIT, Plaintiffs, v. Civil Action No. 08-1063 (JDB) (move consolidate with No. 09-2269) UNITED STATES DEPARTMENT OF DEFENSE, Defendant.

Motion for sanctions and contempt hearing as to Pillsbury and ICB breach of duty of candor, on concomitant motion to intervene jus tertii for the United States, for reconsideration of the in camera review as improvident and ultra vires, at https://ecf.dcd.uscourts.gov/cgibin/show_public_doc?2008cv1063-64, and for quantum meruit expert fees for Movant (Movant effectively mooted Kiyemba in the week preceding Sabins oral argument, by encouraging Alcy Frelick and President Johnson Toribiong, Esq., to agree to accept several of the Uyghurs in Palau). The Court sua sponte should consolidate with ICB v CIA, already dealt with by Judge Urbina. Movant has an interest in these matters, as a SF95 is pending with DOS OLA for claims arising from DOS FOIA disclosure of my email (something they keep private for their people) in the context of my apprising the Embassy Bangkok that Judge Richard Roberts of this Court had ordered DOS not to destroy any videotapes (see UNCLASSIFIED RELEASED IN FULL ... - US Department of State
www.state.gov/documents/organization/125188.pdf UNITED STATES DEPARTMENT OF STATE. REVIEW ... From: R P [mailto:ilovelibby@gmail.com] ... fplobetha@hotmail.com; Ellen_Steury@dcd.uscourts.gov). Movant asks the Court recoup Pillsburys Kuwait government paid fees received through ICB, and

recoup same as sanctions against Pillsbury, and the same as to ICB for their fees from Kuwait, and by quantum meruit or cest qui est principles, convey same to Movant herein. Movant asks for sanctions against Pillsbury and ICB, for their knowing lack of candor with this Court contrary to their duty to apprise of their foreign government representative status pursuant to 5 U.S.C. 552(a)(3)(A), (E), both Pillsbury and ICB are ineligible for FOIA filer status, or relief in this Court, indeed both have admitted that they are seeking intelligence information, whether from DOD or CIA, INTERNATIONAL COUNSEL BUREAU et al v. UNITED STATES CENTRAL INTELLIGENCE AGENCY et al, Doc. 43: ICB cites the repeated[] acknowledgment by the Department of Defense, in related litigation regarding other ICB FOIA requests, that it has an intelligence interest in the Kuwaiti detainees; that, ICB argues, demonstrates that the CIA, in turn, has already acknowledged an intelligence interest in the detainees, and hence should bar the use of a "Glomar" response with respect to those same individuals. See id. at 13. ICB further states that the CIA has acknowledged an intelligence role at Guantanamo and that the CIAs involvement in Guantanamo is widely and publicly known. To support its position, ICB refers to the following: (1) an interview with Charlie Rose where then-CIA Director Michael Hayden stated that Khalid Sheik Muhammad was in Guantanamo, and that the CIA had made the judgment that the intelligence value of those individuals, the 14 that we moved there last September and the one additional person that we moved there this past year . . . have degraded to the point that these other needs now take dominance; (2) press accounts describing the operation of a CIA facility on the base itself; and (3) a Red Cross report stating that CIA medical personnel were participating in detainee interrogations. See Pls.' Mem. at 14. Pillsbury is registered as an agent of a foreign government, Kuwait, and as a foreign agent of ICB, viz (admitting ICB acting as agent for and paid by Kuwait) http://www.fara.gov/docs/5198-Exhibit-AB20060807-1.pdf, http://www.fara.gov/docs/6096-Exhibit-AB20120327-1.pdf . Here Levick claims ICB is not funded by KUWAIT, but was paying $40,000 per month for public relations services by

Levick http://www.fara.gov/docs/5649-Exhibit-AB-20041008I6LY7704.pdf). Newinco admitted KUWAIT funding to ICB, http://www.fara.gov/docs/6104-Exhibit-AB-20120518-1.pdf Received by NSD/FARA Registration Unit 05/18/2012 12:10:07 AM THE INTERNATIONAL COUNSEL BUREAU SERVES AS KUWAITI COUNSEL FOR THE FAMILIES OF KUWAITI CITIZENS AT GUANTANAMO BAY IN EFFORTS TO OBTAIN DUE PROCESS FOR THE KUWAITI DETAINEES IN U.S. CUSTODY AT GUANTANAMO BAY WE UNDERSTAND THATTHE GOVERNMENT OF KUWAIT MAKES . FINANCIAL CONTRIBUTIONS FOR THE LEGAL FEES AND EXPENSES OF THE INTERNATIONAL COUNSEL BUREAU FOR REPRESENTATION OF THE FAMILIES OF KUWAITI CITIZENS AT GUANTANAMO BAY IN EFFORTS TO OBTAIN DUE PROCESS FOR THE KUWAITI DETAINEES IN U.S. CUSTODY AT GUANTANAMO BAY . The Newinco filing (http://www.fara.gov/docs/6104-Exhibit-AB20120518-1.pdf) constitutes an unethical professional practice for Pillsbury, subjugating their representation to a non-attorney (viz AS DESCRIBED MORE FULLY IN THE ATTACHED LETTER OF UNDERSTANDING DATED JULY 28, 2007 AND THE ADDENDUM TO SAME DATED FEBRUARY 24,2012, REGISTRANT WILL PROGRAM MANAGE THE SERVICES OF LAW FIRMS, FORENSIC ACCOUNTING, INVESTIGATORY CONSULTING, MEDIA, PUBLIC RELATIONS AND LOBBYING FIRMS. ). Newinco were paid $20,000 monthly: The scope Ofthe LoU provides for, among other activities and service provider types, the program management of communications consultants to a stated project objective. With respect to LoU paragraphs 3.1.2, Fixed Fee Basis and 3.1.3, Expense Reimburement, this addendum confirms that NewinCo's program management of communications consultants on behalf of ICB and the Family Committee is at the fixed rate of US $20,000 per month plus reasonably related expenses starting as of 01 January 2012.

All information that NewinCo may obtain from or on behalf of ICB, whether directly or indirectly, in the course of its engagement shall be treated by NewinCo and its affiliates as confidential information Alter egos of foreign government do not enjoy FOIA privileges (5 U.S.C. 552(a)(3)(E), an exception to FOIA that prohibits intelligence agencies from granting requests to all non-domestic government entities, their subdivisions and their representatives. ). Proxies of Enemy Aliens do not enjoy wartime civil access to the Courts except as provided by 50 USC 21 et seq. (see this Court, decision in Al-Aulaqi v Obama, applying fugitive disentitlement doctrine to a real US national). The partners of ICB have no standing to request FOIA records, see http://www.icbkuwait.com.kw/team.php. IBC Partner Mr. Al Qahtani, may be trying to frustrate the Congressional intent of the various act depriving the courts of jurisdiction over detainee claims, as alter ego or proxy for a detainee Muhammad Al Qahtani. This Court has no jurisdiction to entertain ANY action arising from such claims, including FOIA actions through proxies. Al Qahtani was detained as a putative enemy alien, that fact alone deprives the Court of jurisdiction as well (Hirota v MacArthur, Madison on the Virginia Debates on the Alien Act in 1789 (Statutes at Large, 1 US 112)). Accord
04/02/2012 Civil Action No. 2009-2375 Doc No. 33 (memorandum opinion) ALL PARTY PARLIAMENTRY GROUP ON EXTRAORDINARY RENDITION et al v. U.S. DEPARTMENT OF DEFENSE et by Judge Ricardo M. Urbina al

https://ecf.dcd.uscourts.gov/cgi-bin/show_public_doc?2009cv2375-33 Several agencies refused, citing a provision of FOIA that exempts members of the intelligence community from disclosing matters to foreign government entities. The plaintiffs subsequently filed suit, alleging that this exception does not apply because the plaintiffs are not foreign government entities or representatives thereof. Because the court concludes that the plaintiffs are representatives or subdivisions of a foreign government entity, the court grants the defendants motion and denies the plaintiffs motion. Viz [James Madison, Location of Capital, House of Representatives 4, 21

Sept. 1789 Papers 12:373--79, 41618 [4 Sept.]in such a government as ours, according to the legal and common acceptation of the term, government must include the legislative power; so, the term administration, which, in other countries, is specially appropriated to the executive branch of government, is used here for both the executive and legislative branches: We, in official communications, say, legislative administration, or executive administration, according as the one or the other is employed in the exercise of its constitutional powers.] On first impression this Court held counsel for an alien government disentitled under FOIA also: Under any plain-meaning analysis, an attorney is a representative of her client. Several federal statutes define an attorney as a representative. It is possible that the members of Congress who enacted the foreign government entity exception may have wished a different definition of representative to apply for the purposes of FOIA; if so, they neglected to write it into the statute. In conjunction, these two provisions may fairly be read as follows: any person can file a FOIA request unless that person is also a foreign government entity or acts as its representative. 5 U.S.C. 552(a)(3)(A), (E). Because Andrew Tyrie is a representative of a foreign government entity, his request is barred by FOIA. Because Joe Cyr is Andrew Tyries legal representative, Cyrs request is similarly barred.

See: CCR Submits Torture Declaration to Spanish Court Investigating

valtinsblog.blogspot.com/.../ccr-submits-tortu... 8 Feb 2012 Mr. al Qahtani is the only prisoner held at Guantnamo Bay the U.S. has officially admitted to torturing. Mr. al Qahtani's treatment, much of which

ICB is a proxy and registered foreign agent of Kuwait: Kuwait helps pay detainees' legal bills - Washington Times
www.washingtontimes.com/.../kuwait-helps-p... -

25 Jul 2008 Among the most prominent lawyers working on the Guantanamo ... to its Web site, ICB was founded in 1994 by Abdul Rahman R. Al-Haroun,

For Three Law Firms, Gitmo Cases Weren't Strictly Pro Bono News ...
www.abajournal.com/.../for_three_law_firms... 29 Jul 2008 The three firms received at least some fees from the International Counsel Bureau, ... A third firm, Pillsbury Winthrop Shaw Pittman, reported receiving ... by Newspaper Says Cry on 911 Tape Is Trayvon Martin Pleading for His .

Viz:
International Counsel Bureau on behalf of Kuwaiti Detainees Committee 10/08/2004 P.O Box 0941 Safat Levick Strategic Communications 5649 10/08/2004

International 05/18/2012 Counsel Bureau, Kuwaiti Counsel International 03/27/2012 Counsel Bureau, Kuwait through WMA Group International 08/07/2006 Counsel Bureau, Kuwaiti Counsel for the Families of Kuwaiti Citizens at Guantanamo Bay

Newinco, Inc. Potomac Square Group Dasman Commercial Complex Block No. 3, 8th Floor P.O. Box 20941, Safat 13070 Sharq Pillsbury Winthrop Shaw Pittman, LLP

6104

05/18/2012

6096

03/27/2012

5198

07/31/1997

http://www.fara.gov/docs/6096-Exhibit-AB-20120327-1.pdf Received by NSD/FARA Registration Unit 03/27/2012 5:37:00 PM PSG shall provide CLIENT with strategic communications counsel and services associated with the International Counsel Bureau, as outlined in the scope of work agreed upon by Christopher Cooper and Garrison Courtney, who warrants that he is authorized to execute legal agreements on behalf of CLIENT. A copy of that scope of

work agreement is incorporated herein as Annex I. In exchange for services as described in Annex I, PSG shall receive a flat retainer of no less than $10,000 per month from CLIENT. PSG may provide recommendations for third-party services associated with this agreement. All recommendations shall be reviewed by and are subject to the express approval of WMA Group. Billing for all third-party charges shall be done by the WMA group, provided that it has approved of both the scope ofthe work and its cost. PSG agrees that it will in no way use ICB or its affiliates by name or address any portion ofthe contract between CLIENT and ICB in this Agreement or in any press release, announcement or marketing material. http://www.fara.gov/docs/5198-Exhibit-AB-20060807-1.pdf

Detainee operations are not only DOD, but jointly ODNI and ODCI activities, and DOD staff acting in conjunction with the intelligence community, are protected by IIPA, 50 USC 421 et seq., and exempt from FOIA disclosure, (3) specifically exempted from disclosure by statute (other than section 552b of this title), if that statute-(A)(i) requires that the matters be withheld from the public in such a manner as to leave no discretion on the issue; o

War Crimes investigations are law enforcement purposes under FOIA exemption (7) records or information compiled for law enforcement purposes, but only to the extent that the production of such law enforcement records or information (A) could reasonably be expected to interfere with enforcement proceedings, (B) would deprive a person of a right to a fair trial or an impartial adjudication, (C) could reasonably be expected to constitute an unwarranted invasion of personal privacy, (D) could reasonably be expected to disclose the identity of a confidential source, including a State, local, or foreign agency or authority or any private institution which furnished information on a confidential basis, and, in the case of a record or information compiled by a criminal law enforcement authority in the course of a criminal investigation or by an agency conducting a lawful national security intelligence investigation, information furnished by a confidential source, (E) would disclose techniques and procedures for law enforcement investigations or prosecutions, or would disclose guidelines for law enforcement investigations or prosecutions if such disclosure could reasonably be expected to risk circumvention of the law, or (F) could reasonably be expected to endanger the life or physical safety of any individual; DOD records may be jointly held by FBI, and exempt under (3) Whenever a request is made which involves access to records maintained by the Federal Bureau of Investigation pertaining to foreign intelligence or counterintelligence, or international terrorism, and the existence of

the records is classified information as provided in subsection (b)(1), the Bureau may, as long as the existence of the records remains classified information, treat the records as not subject to the requirements of this section. Records of Allied detention operations conducted by the US for the allied powers at Guantanamo, are not "agency" records, see In Re Yamashita, Hirota v MacArthur, and (f) For purposes of this section, the term (1) "agency" as defined in section 551(1) of this title includes any executive department, military department, Government corporation, Government controlled corporation, or other establishment in the executive branch of the Government (including the Executive Office of the President), or any independent regulatory agency;

Prayer for Relief 1. Permit docketing of this motion. 2. Permit intervention jus tertii. 3. Sanction the Plaintiffs all the fees they have received from Kuwait. 4. Per quantum meruit principles, convey sanctions to Movant. 5. Institute contempt proceedings as to the plaintiffs lack of candor due the Court as officers of the Court, or as foreign court officers entitled to comity by 28 USC 1782 (the FARA unit registration statements make clear that ICB is intending to represent clients in Kuwait, as Kuwait Counsel, and thus the litigation implicitly invokes the privileges of 28 USC 1782, for which ICB thus have de facto duties of candor to the Court in respect of their complex web of relations to Kuwait). Respectfully submitted,

Dr. Paul Maas Risenhoover, J.D., Dr. Religious Counseling (Maimonides University) Robin Hood International Human Rights Legal Defense Fund of the Yeshiva Bnai Noah of the Bnai Noah Religious Society Tainan, allied American Formosa trust territory, West Pacific, USA drpaulmaas@gmail.com, ilovelibby@gmail.com http://www.scribd.com/ilovelibby Certificate of service by email this day to: ccooper@psgdc.com, Ronald.Schechter@ aporter.com, Lisa.Monaco@usdoj.gov,
mbnewell@newinco.com, david.cynamon@pillsburylaw.com, matthew.maclean@pillsburylaw.com, LevickSpeaking@levick.com, "NSD Public (SMO)" <nsd.public@usdoj.gov>, "James, Arnetta (NSD)" <Arnetta.James@usdoj.gov>, dcd_cmecf@dcd.uscourts.gov, Ellen_Steury@dcd.uscourts.gov, Bates_intern_apps@dcd.uscourts.gov, lamberth_chambers@dcd.uscourts.gov, "mark_langer" <Mark_Langer@cadc.uscourts.gov>, "scott_atchue" <Scott_Atchue@cadc.uscourts.gov>, scottak@ucia.gov, nicholad@ucia.gov, douglas.letter@usdoj.gov, ogc_dtsrejects@dodgc.osd.mil, ogc@ogc.law.navy.mil, ogc@dhs.gov, ronald.machen@usdoj.gov,