American Civil Liberties Union of Washington v. US Department of Justice
Filing
91
ORDER Granting Third 82 Motion for Reconsideration by Judge Robert S. Lasnik.(TF)
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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE
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_______________________________________
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AMERICAN CIVIL LIBERTIES UNION
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OF WASHINGTON,
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Plaintiff,
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v.
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U.S. DEPARTMENT OF JUSTICE,
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Defendant.
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_______________________________________)
No. C09-0642RSL
ORDER GRANTING THIRD
MOTION FOR RECONSIDERATION
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On September 21, 2012, the Court issued an order following in camera review
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requiring disclosure of certain information. Defendant sought reconsideration, arguing that it
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had additional classified information regarding the applicability of Exemption 1 that it had not
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yet provided, apparently in the belief that it would be given an opportunity to present a witness
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to further explain the documents and their import.
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Although this is a very close call given that defendant failed to mention the
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existence of any additional information until after disclosure had been ordered, the Court will err
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on the side of caution. The motion for reconsideration is therefore GRANTED to the extent that
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defendant will be permitted to deliver to chambers an ex parte declaration addressing the
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applicability of Exemption 1 to Document Nos. 79, 80, and 84. Per the suggestion of the
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Classified Information Security Officer assigned to this case, a printed electronic copy of the
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declaration and/or other classified information shall be transmitted via classified channels
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through the U.S. Attorney’s office in Seattle for hand-delivery directly to chambers within
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ORDER GRANTING THIRD
MOTION FOR RECONSIDERATION
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fourteen days of the date of this order. The submission shall be sealed and clearly marked “For
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In Camera Review – Judge’s Eyes Only.” Neither Mr. Hardy nor the Classified Information
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Security Officer need appear in chambers.
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Dated this 20th day of November, 2012.
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A
Robert S. Lasnik
United States District Judge
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ORDER GRANTING THIRD
MOTION FOR RECONSIDERATION
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