FISCR 20-01 Petition For Review Or In The Alternative For A Writ Of Mandamus (FISC 2020)

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The court issued a subsequent related opinion or order on April 10, 2020.
The court issued a subsequent related opinion or order on March 17, 2020.
The court issued a subsequent related opinion or order on March 16, 2020.

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Filed United State& Foreign Intelligence Surveillance Court of Review MAR 11 2020 UNITED STATES AnnBYnn Hall Clerk of Court FOREIGN INTELLIGENCE SURVEILLANCE COURT OF ~VIEW ' WASHINGTON, D.C. IN RE OPINIONS & ORDERS BY THE FISC ADDRESSING BULK COLLECTION OF DATA UNDER THE FOREIGN INTELLIGENCE SURVEILLANCE ACT DocketNo. 20- 0 1 PETITION FOR REVIEW OR IN THE ALTERNATIVE FOR A WRIT OF MANDAMUS Pursuant to FISCR Rules of Procedure 5 and 8, Movants American Civil Liberties Union, American Civil Liberties Union of the District of Columbia, and Media Freedom and Information Access Clinic, hereby appeal from the Foreign Intelligence Surveillance Court 's Order and Opinion entered on February 11, 2020, in Docket No. Misc. 13-08, to the United States Foreign Intelligence Surveillance Court of Review, or in the alternative petition for a writ of mandamus. Dated: March 10, 2020 , T omey Brett Max Kaufman American Civil Liberties Foundation 125 Broad Street, 18th Floor New York, NY 10004 Phone: (212) 549-2500 Fax: (212) 549-2654 ptoomey@aclu.org Arthur B. Spitzer Scott Michelman American Civil Liberties Union Foundation of the District of Columbia 915 15th Street NW, 2nd Floor · Washington, D.C. 20005 Phone: (202) 457-0800 Fax: (202) 457-0805 aspitzer@acludc.org David Schulz Charles Crain Media Freedom & Information Access Clinic, Abrams Institute Yale Law School P.O. Box 208215 New Haven, CT 06510 Phone: (203) 436-5827 Fax: (203) 432-3034 david.schulz@ylsclinics.org AlexAbdo Jam eel Jaffer Knight First Amendment Institute at Columbia University 475 Riverside Drive, Suite 302 New York, NY 10115 Phone: (646) 745-8500 alex.abdo@knightcolumbia.org 2 CORPORATE DISCLOSURE STATEMENT The American Civil Liberties Union and the American Civil Liberties Union of the District of Columbia are non-profit corporations. They have no parent corporations and do not issue stock. The Media Freedom and Information Access Clinic is an organization within Yale University, which is a non-profit corporation and does not issue stock. Movants do not have parent corporations or owners that are under foreign ownership, control, or influence, as defined in Intelligence Community Standard 700-01. 3 CERTIFICATION OF BAR MEMBERSIDP AND SECURITY CLEARANCE STATUS Pursuant to FISCR Rules of Procedure 9(d), 9(e) and 19, Movants respectfully submit the following information: Bar Membership Information Undersigned counsel for Movants are licensed attorneys and members, in good standing, ofthe bars of United States district and circuit courts. See FISCR R.P. 9(d), 19. Patrick Toomey is a member, iii good standing, of the following federal courts: the United States Courts of Appeals for the Second, Fourth, Ninth and Tenth Circuits; and the United States District Courts for the Eastern and Southern Districts ofNew York, and the District of Colorado. He is licensed to practice law by the bars of the States of Massachusetts and New York. Brett Max Kaufman is a member, in good standing, of the following federal courts: the Supreme Court of the United States; the United States Courts of Appeals for the Second, Third, Ninth, and Federal Circuits; and the United States District Courts for the Southern District of New York, the Western District ofNew York, and the District of Columbia. He is licensed to practice law by the bar of the State of New York. Alex Abdo is a member, in good standing, of the following federal courts: the Supreme Court of the United States; the United States Courts of Appeals for the First, Second, Fourth, Ninth, and District of Columbia Circuits; and the United States District Courts for the Southern District ofNew York and the Eastern District ofNew York. He is licensed to practice law by the bar of the State ofNew York. Jameel Jaffer is a member, in good standing, of the following federal courts: the Supreme Court of the United States; the United States Courts of Appeals for the Second, Fourth, Sixth, 4 Ninth, and District of Columbia Circuits; and the United States District Courts for the Southern District of New York, the Eastern District of New York, and the District of Columbia. He is licensed to practice law by the bar of the State ofNew York. Arthur Spitzer is a member, in good standing, of the following federal courts: the Supreme Court ofthe United States; the United States Courts of Appeals for the Fourth, Ninth, District of Columbia, Federal, and Armed Forces Circuits; and the United States District Courts for the Districts of Columbia, and the Eastern and Southern Districts of New York. He is licensed to practice law by the bar of the District of Columbia. Scott Michelman is a member, in good standing, of the following federal courts: the Supreme Court of the United States; the United States Courts of Appeals for the Second, Third, Fourth, Sixth, Seventh, Ninth, Tenth, District of Columbia, and Federal Circuits; and the United States District Courts for the Northern District of California (inactive status), the District of Columbia, and the Eastern and Western Districts of Michigan. He is licensed to practice law by the bar of the District of Columbia and is an inactive member of the bar of the State of California. David Schulz is a member, in good standing, of the following federal courts: the Supreme Court of the United States; the United States Courts of Appeals for the Second, Third, Fourth, Ninth, Tenth and District of Columbia Circuits; and the United States District Courts for the District of Columbia, the District of Connecticut, and for all Districts ofthe State ofNew York. He is licensed to practice law by the bars ofthe District of Columbia, the State of New York, and the State of Connecticut. Charles Crain is a member, in good standing, of the United States Court of Appeals for the Eleventh Circuit. He is licensed to practice law by the bar ofthe District of Columbia. 5 Security Clearance Information Pursuant to FISCR Rule of Procedure 9(e), Movants certify that Arthur Spitzer held a "Secret" security clearance issued in 2011 by the Department of Justice. Although this clearance technically expired in 2016, Mr. Spitzer has applied to renew that security clearance and he understands that he continues to be permitted access to classified infonnation while his application is pending. The point of contact for Mr. Spitzer's security clearance is: Debra M. Guerrero-Randall Security Specialist U.S. Department of Justice SEPS- Litigation Security Group 2CON 2W.115 Washington, DC 20530 Phone: (202) 514-9016 Fax: (202) 307-2066 Because Movants' motion and the related briefing does not contain classified information, Movants respectfully submit that all w1dersigned counsel may participate in proceedings on the motion without access to classified infonnation or security clearances. See FISCR R.P. 19 (requiring counsel to have only "the appropriate security clearance"). Dated: March I 0, 2020 Respectfully submitted, David A. Schulz Charles Crain Media Freedom & Infonnation Access Clinic Abrams Institute Yale Law School P.O. Box 208215 New Haven, CT 06520 Phone: (203) 436-5827 Fax: (203) 432-3034 david.schulz@ylsclinics.org American Civil Liberties ion Foundation 125 Broad Street, 18th Floor New York, NY 10004 Phone: (212) 549-2500 Fax: (212) 549-2654 ptoomey@aclu .org Arthur B. Spitzer 6 Scott Michelman American Civil Liberties Union of the District of Columbia 915 15th Street NW, 2nd floor Washington, D.C. 20005 Phone: (202) 457-0800 Fax: (202) 457-0805 aspitzer@acludc.org AlexAbdo Jam eel Jaffer Knight First Amendment Institute at Columbia University 475 Riverside Drive, Suite 302 New York, NY 101 i5 Phone: (646) 745-8500 alex.abdo@knightcolumbia.org 7 CERTIFICATE OF SERVICE I, Patrick Toomey, certify that on this day, March I 0, 2020, a copy of the foregoing document was served on the following persons by the methods indicated: By email and UPS delivery Daniel Hartenstine Litigation Security Group U.S. Department of Justice 2 Constitution Square 145 N Street, N.E. Suite 2W-115 Washington, DC 20530 Daniel. 0 .Hartenstine@usdoj .gov By email and UPS delivery Jeffrey Smith Counsel, Appellate Unit U.S . Department of Justice National Security Division 950 Pennsylvania Ave., N.W. Washington, DC 20530 Jeffrey.Srnith5@usdoj .gov By email and UPS delivery Laura Donohue Georgetown University Law Center 600 New Jersey Ave., N.W. Washington, DC 20001 ldk@georgetown.edu 8

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