Misc. 13-02 Certification of Bar Membership and Security Clearance Status (FISC 2013)

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This opinion or order relates to an opinion or order originally issued on June 12, 2013.

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UNITED STATES 70 13 JUL 12 PH ~: 22 FOREIGN INTELLIGENCE SURVEILLANCE COUR'f . WASHINGTON, D.C. LEEA~-m FLY:ll~ HALL CLERl\ OF COUIU IN RE ORDERS ISSUED BY THIS COURT INTERPRETING SECTION 215 OF THE PATRIOT ACT Case No. Misc. 13-02 CERTIFICATION OF BAR MEMBERSHIP AND SECURITY CLEARANCE STATUS Pursuant to the Court's Order of June 14, 2013, and United States Foreign Intelligence Surveillance Court Rules of Procedure 7(h)(l), 7(i), and 63, the American Civil Liberties Union ("ACLU") and the Media Freedom and Information Access Clinic at Yale Law School (together, "Movants") respectfully submit the following information: Bar Membership Information Undersigned counsel for Movants are licensed attorneys and members, in good standing, of the bars of United States district and circuit courts. See FISA Ct. R.P. 7(h)(l), 63. 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, and District of Columbia Circuits; and the United States District Court for the Southern District of New York. He is licensed to practice law by the bar of the State of New York. Brett Max Kaufinan is a member, in good standing, of the following federal courts: the United States Court of Appeals for the Second Circuit; and the United States District Court for the Southern District of New York. He is licensed to practice law by the bar of the State of New York. 1 Patrick Toomey is a member, in good standing, of the following federal courts: the United States District Courts for the Eastern and Southern Districts of New York. He is licensed to practice law by the bars of the States of Massachusetts and New 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, Ninth, and District of Columbia Circuits; and the United States District Courts for the Eastern and Southern Districts of New York, and the Eastern District of Michigan. He is licensed to practice law by the bar of the State of New York. Arthur Spitzer 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 Armed Forces and the Fourth, District of Columbia, and Federal Circuits; and the United States District Courts for the District of Columbia, District of Maryland, and the Eastern and Southern Districts of New York. He is licensed to practice law by the bars of the District of Columbia and the State of New York. 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, and for all Districts of the State of New York. He is licensed to practice law by the bars of the District of Columbia and the State of New York. Security Clearance Information Pursuant to FISA Ct. R.P. 7(i), Movants certify that Arthur Spitzer holds a "Secret" security clearance issued by the Department of Justice. 2 Because Movants' motion does not seek the release of properly classified information, and because the motion and the related briefing does not contain classified information, Movants respectfully submit that all undersigned counsel may participate in proceedings on the motion without access to classified information or security clearances. See FISA Ct. R.P. 63 (requiring counsel only to have "appropriate security clearances"). Respectfully submitted, Dated: July 12, 2013 Isl Alex Abdo Alex Abdo Brett Max Kaufinan Patrick Toomey Jameel Jaffer American Civil Liberties Union Foundation 125 Broad Street, 18th Floor New York, NY l 0004 Phone: (212) 549-2500 Fax: (212) 549-2654 aabdo@acl u .org David A. Schulz Media Freedom and Information Access Clinic Yale Law School 40 Ashmun Street, 4th Floor New Haven, CT 06511 Phone: (203) 436-5892 Fax: (203) 436-0851 david.schulz@yale.edu Arthur B. Spitzer American Civil Liberties Union of the Nation's Capital 4301 Connecticut Avenue, N.W., Suite 434 Washington, DC 20008 Phone: (202) 457-0800 Fax: (202) 457-0805 artspitzer@aclu-nca.org 3 CERTIFICATE OF SERVICE I, Alex Abdo, certify that on this day, July 12, 2013, a copy of the foregoing certification was served on the following persons by the methods indicated: By email and UPS overnight delivery Christine Gunning Litigation Security Group U.S. Department of Justice 2 Constitution Square 145 N Street, N.E. Suite 2W-115 Washington, DC 20530 Email: Christine.E.Gunning@usdoj.gov By UPS overnight delivery John P. Carlin J. Bradford Wiegmann Tashina Gauhar Jeffrey M. Smith Nicholas J. Patterson U.S. Department of Justice National Security Division 950 Pennsylvania Ave., N.W. Washington, DC 20530 Phone: (202) 514-5600 ~{H Alex Abdo

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