Misc. 13-02 Submission of United States in Response to the Court's October 8, 2013 Order (FISC 2013)
Annotate this CaseThis opinion or order relates to an opinion or order originally issued on June 12, 2013.
Download PDF
U.S. FOREIGN IHTELL 1G::NCE SURVElL :_ .\::C E COL::-: T UNITED STATES 20130CT24 PM FOREIGN INTELLIGENCE SURVEILLANCE COURT WASHINGTON, D.C. IN RE ORDERS OF THIS COURT INTERPRETING SECTION 215 OF THE PATRIOT ACT ) ) ) l_EEANH FL'Orn HALL r.LrR ; ~ OF COURT Docket No.: Misc. 13-02 Submission of the United States in Response to the Court's October 8, 2013 Order In its September 13, 2013 Opinion and Order, the Court directed the United States to identify those opinions of this Court that evaluate the meaning, scope, and constitutionality of Section 215 of the Patriot Act, 50 U.S.C. § 1861, that are at issue in ongoing Freedom of Information Act ("FOIA") litigation in the U.S. District Court for the Southern District of New York. Opinion and Order, at l, 18. The Court also directed the United States to identify any such opinions that are not at issue in the FOIA litigation or already subject to the Court's publication process pursuant to Rule 62(a) of the Court's Rules of Procedure, and to propose a timetable to complete declassification review of any such opinions. Opinion and Order, at 18. On October 4, 2013, the Government filed a submission in response to the Court's September 13, 2013 Opinion and Order, and moved for a stay of further proceedings due to lapsed appropriations. The Government identified, inter alia, the Opinion issued in Docket Number BR 13-25 on February 19, 2013, as one that contains "analysis by this Court evaluating the meaning, scope, and/or constitutionality" of Section 215 of the USA PATRIOT Act, 50 U.S.C. § 1861, and that is not at issue in the FOIA litigation in the Southern District of New York. Submission at 2. ~:27 On October 8, 2013, the Court granted the Government's motion for a stay of further proceedings. The Court also directed the Government to submit to the Court, within seven days of the restoration of appropriations, a proposed timetable for completing the declassification review of the Opinion issued in Docket Number BR 13-25 on February 19, 2013, and submitting to the Court any proposed redactions for the Opinion. The Government estimates that it will complete the declassification review of the Opinion and submit to the Court any proposed redactions by November 18, 2013. October 24, 2013 Respectfully submitted, JOHN P. CARLIN Acting Assistant Attorney General for National Security J. BRADFORD WIEGMANN Deputy Assistant Attorney General TASHINA GAUHAR Deputy Assistant Attorney General Isl Nicholas J. Patterson JEFFREY M. SMITH NICHOLAS J. PATTERSON U.S. Department of Justice National Security Division 950 Pennsylvania Ave., N.W. Washington, D.C. 20530 Phone: (202) 514-5600 Fax: (202) 514-8053 Attorneys for the United States ofAmerica 2 CERTIFICATE OF SERVICE I hereby certify that a true copy of the Submission of the United States in Response to the Court's October 8, 2013 Order was served by the Government via Federal Express overnight delivery on this 24th day of October, 2013, addressed to: Alex Abdo Brett Max Kaufman Patrick Toomey Jameel Jaffer American Civil Liberties Union Foundation 125 Broad Street, 18th Floor New York, NY 10004 aabdo@aclu.org Arthur B. Spitzer American Civil Liberties Union of the Nation's Capital 4301 Connecticut Avenue, N.W., Suite 434 Washington, DC 20008 artspitzer@aclu-nca.org David A. Schulz Media Freedom and Information Access Clinic Yale Law School 40 Ashmun Street, 4th Floor New Haven, CT 06511 david.schulz@yale.edu Gregory L. Diskant Benjamin S. Litman Richard I. Kim Patterson Belknap Webb & Tyler LLP 1133 Avenue of the Americas New York, NY 10036 blitman@pbwt.com Isl Nicholas J. Patterson Nicholas J. Patterson
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
