BR 14-01 Response (FISC 2014)
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TOP SECRET!!Sll/NOFORN UNITED STATES FOREIGN INTELLIGENCE SURVEILLANCE COURT 201~ FEB 12 PH 12: L19 WASHINGTON, D. C. ~.EEAHH FLYr.~N HALL •'' l (TS//SI//M) IN RE APPLICATION OF THE FEDERAL BUREAU OF INVFSTIGATION FOR AN ORDER REQUIRING THE PRODUCTION OF TANGIBLE THINGS r: "':"' t.U "' -. u :.,;/ C' !'": I , ... - L " Docket Number BR 14-01 CHALLENGING A PRODUCTION ORDER ISSUED IN DOCKET NUMBER BR 14-01 PURSUANT TO 50 U.S.C. § 1861(F)(2)(A) FOREIGN INTELLIGENCE SURVEnLANCE COURT RULE OF PROCEDURE 33 (TS/ISY.~W) The United States of America, through the ~dersigned Department of Justice attorney, hereby responds to the Petition filed with this Cowt on January 22, or "Petitioner'') under 50U.S.C.§1861(£)(2)(A) and Rule33 of the U.S. Foreign Intelligence Surveillance Court (FISC or Court) Rules of Procedure "to vacate, TOP SECRETNSl//NOFOa~ Classified by: Reason: Declassify on: Tashina Gauhar. Deputy Assistant Attorney General. NSD. DOI MW uRT TOPSECRETl~YtNOFORN n Jan1;1ary 3, modify, or reaffirm" the production order issued 2014. 1. (fS//SI//NF) Upon consideration of the Application by the United States, on January 3, 2014, $e Honorable Thomas F. Hogan of this Court issued orders in the above-captioned docket number requiring, among other things, the production to the NSA of certain call detail records or "telephony metadata" for investigations to protect against international terrorism concerning the activities of certain identified foreign terrorist organizations, which investigations are being conducted by the FBI under guidelines the Attorney General has approved pursuant to ·Executive Order 12333, as amended. The authorization granted in docket number BR 14-01 expires on March 28, 2014, at 5:00 p.m. Eastern Time. The Court's Primary Order and the Secondary Ord~are incorporated by reference. 2. (T8_//5I//NP) On January 22, 201 ·s Court to "vacate, modify, or reaffirm" the production order issued · light of the Memorandum Opinion issued by the United States District Court for the District of Columbia in Klayman v. Obama on December 16, 2013. The Court, by Scheduling Order entered on January 23, 2014, directed the Government to respond to the Petition on or before February 12, 2014. TOP SECR:ET//81//NOR>RN 2 TOP S:ECRETH-81//NOFOBN 3. ffS//SJ.//NF) The Primary Order in the above-captioned docket number makes clear that the Court, in entertaining and ultimately ruling upon the Government's application, carefully considered not only the opinions entered by Judges Eagan and McLaughlin of this Court in docket numbers BR 13-109 and BR 13-158, respectively, and the decision issued by the United States District Court for the Southern District of New York in American Civil Liberties Union v. Clapper,_F. Supp.2d - . J 13 Civ. 3994 (WHP), 2013WL6819708 (S.D.N.Y. Dec. 27, 2013), but also the decision of the United States District Court for the District of Columbia in Klayman v. Obama,_F. Supp.2d--' Civ. Action No. 13-0851(RJL),2013WL6571596 (D.D.C. Dec. 16, 2013). See Primary Order, docket number BR 14-01 at 2, n. 1. 4. (TSl/Sl//NP) Following its careful consideration of each of those relevant decisions, the record demonstrates that the ~ourt concluded that neither the U.S. Constitution nor Section 215 imposed any impediment to the Government's request. Accordingly, the Court issued a Primary Order granting the Goverrunent' s applicatio~ and a Secondary Order to produce certain bulk telephony metadata. 5. [fSl/SI//NF) Accordingly, it is appropriate for the Court to affirm its January 3, 2014 Secondary Order and to order with that production order. TOPSECRETJ~Y/NOFORN 3 ompliance TOP SECRET/ISl/JNOFORN ffS//Sl//NF) WHEREFORE, the United States of America respectfully requests that the Court affirm its January 3, 2014 Secondary Order compliance with that production order. Respectfully submitted, John P. Carlin Acting Assistant Attorney General Tashina Gauhar Deputy Assistant Attorney General I1- f{i J_o l t} By: Date Office of Intelligence National Security Division U.S. Department of Justice TOPSECRET#SY/NO~OR...~ 4 d order TOP SECRETt.<SllfNOF'ORN {U) CERTIFICATE OF SERVICE ES) I hereby certify that1 on February 121 2014, a true and correct copy of the United States of America's Response to Petition was submitted1 by hand delivery, to a Litigation Security Officer, for delivery to counsel of record U.S. Department of Justice TOP SECRETHSl/INOFORN 5
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