First Amendment Coalition v. U.S. Department of Justice

Filing 53

ORDER by Judge Claudia Wilken Granting 51 Motion for Leave to File and 52 Stipulation. (ndr, COURT STAFF) (Filed on 2/11/2013)

Case4:12-cv-01013-CW Document52 Filed02/08/13 Page1 of 3

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THOMAS R. BURKE (State Bar No. 141930)
JEFF GLASSER (State Bar No. 252596)
JONATHAN L. SEGAL (State Bar No. 264238)
DAVIS WRIGHT TREMAINE LLP
505 Montgomery Street, Suite 800
San Francisco, California 94111
Telephone:
[phone]
Facsimile:
[phone]
Email:
[e-mail]; [e-mail];
[e-mail]
Attorneys for Plaintiff
FIRST AMENDMENT COALITION

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IN THE UNITED STATES DISTRICT COURT

DAVIS WRIGHT TREMAINE LLP

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THE NORTHERN DISTRICT OF CALIFORNIA

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OAKLAND DIVISION

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FIRST AMENDMENT COALITION,
Plaintiff,

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vs.

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U.S. DEPARTMENT OF JUSTICE,

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Defendant.

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Case No. CV 12-01013 DMR
[Assigned to the Hon. Claudia Wilken]
STIPULATION AND [PROPOSED]
ORDER RE: PLAINTIFF FIRST
AMENDMENT COALITION’S MOTION
TO SUBMIT ADDITIONAL EVIDENCE
Place:

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Case No. CV 12-01013 DMR
STIPULATION AND [PROPOSED] ORDER ON MOTION
DWT 21137606v1 0200441-000001

Courtroom 2 - 4th Floor

Case4:12-cv-01013-CW Document52 Filed02/08/13 Page2 of 3

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STIPULATION AND [PROPOSED] ORDER

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Pursuant to Civil Local Rule 7-12, Plaintiff First Amendment Coalition (“FAC”), on the one

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hand, and Defendant United States Department of Justice (the “Government”) on the other hand,

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hereby stipulate and agree as follows:

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WHEREAS, FAC wishes to submit additional evidence in this matter, which it believes is
relevant to this matter;
WHEREAS, the Government does not oppose the submission of this additional evidence,
but does not stipulate to its relevance to the issues before the Court;

THEREFORE, the Parties stipulate and agree that:

DAVIS WRIGHT TREMAINE LLP

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Upon the Order of the Court, FAC shall file the following additional evidence:

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1. A White Paper discussing the “legal framework for considering the circumstances in

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which the U.S. government could use lethal force in a foreign country outside the area

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of active hostilities against a U.S. citizen who is a senior operational leader of al-Qa'ida”

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and actively planning to kill Americans.

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2. A copy of an article by NBC News, published on February 3, 2013, explaining how
NBC News obtained the White Paper from Congressional sources.
3. A New York Times article, published on February 5, 2013, containing details about the
origin of the White Paper and how it came to be released.

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4. A letter, dated December 4, 2012, to Attorney General Eric Holder from Reps. John

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Conyers, Jr., Jerrold Nadler, and Robert Scott, containing information regarding the

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Government’s release of the White Paper to members of Congress.

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5. A copy of a second New York Times article, also dated February 5, 2013, containing

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information regarding the Government’s former efforts to keep the OLC Memoranda

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secret.

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6. A transcript of the White House Press Briefing on February 5, 2013.

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7. A New York Times article, published on February 6, 2013, stating that the Government

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has directed the Justice Department to release to certain congressional committees the

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Case No. CV 12-01013 DMR
STIPULATION AND [PROPOSED] ORDER
DWT 21137606v1 0200441-000001

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“classified documents discussing the legal justification for killing, by drone strikes and

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other means, American citizens abroad who are considered terrorists.”

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8. A transcript of the White House Press Gaggle on February 7, 2013.

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9. A video recording of the Senate Intelligence Committee hearing on the confirmation of

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John Brennan, held on February 7, 2013.

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DATED: This 8th day of February, 2013

DAVIS WRIGHT TREMAINE LLP

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DAVIS WRIGHT TREMAINE LLP

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By:

/s/ THOMAS R. BURKE
Thomas R. Burke
Attorneys for Plaintiff
FIRST AMENDMENT COALITION

By:

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/s/ JUDSON LITTLETON
Judson Littleton
Attorneys for Defendant
UNITED STATES DEPARTMENT OF
JUSTICE

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DATED: This 8th day of February, 2013

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IT IS SO ORDERED.

Plaintiff shall also provide a transcript of the

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23 confirmation of John Brennan, held on February 7, 2013.
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11th
DATED: This ____ day of February, 2013

By: _________________________________
Hon. Claudia Wilken

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Case No. CV 12-01013 DMR
STIPULATION AND [PROPOSED] ORDER
DWT 21137606v1 0200441-000001

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