In re National Security Agency Telecommunications Records Litigation

Filing 475

Third MOTION to Dismiss or, in the alternative, for Summary Judgment filed by Keith B. Alexander, Office of Foreign Assets Control, Federal Bureau of Investigation, George W. Bush, National Security Agency, Robert S. Mueller, III. Motion Hearing set for 12/2/2008 10:00 AM in Courtroom 6, 17th Floor, San Francisco. (Attachments: # 1 Appendix Index of Exhibits, # 2 Exhibit Exhibits 1-12, # 3 Exhibit Exhibits 13-19)(Haas, Alexander) (Filed on 9/30/2008)

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1 2 3 4 5 6 7 8 9 10 11 GREGORY G. KATSAS Assistant Attorney General, Civil Division CARL J. NICHOLS Principal Deputy Associate Attorney General JOHN C. O'QUINN Deputy Assistant Attorney General DOUGLAS N. LETTER Terrorism Litigation Counsel JOSEPH H. HUNT Director, Federal Programs Branch ANTHONY J. COPPOLINO Special Litigation Counsel ALEXANDER K. HAAS Trial Attorney U.S. Department of Justice Civil Division, Federal Programs Branch 20 Massachusetts Avenue, NW, Rm. 6102 Washington, D.C. 20001 Phone: (202) 514-4782--Fax: (202) 616-8460 Attorneys for the Government Defendants UNITED STATES DISTRICT COURT 12 NORTHERN DISTRICT OF CALIFORNIA 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 D e fe n d a n t s ' Index of Exhibits in Al-Haram a in v. Bush (07-cv-109-VRW ) (M D L 0 6 - c v - 1 7 9 1 - V R W ) IN RE NATIONAL SECURITY AGENCY TELECOMMUNICATIONS RECORDS LITIGATION This Document Solely Relates To: Al-Haramain Islamic Foundation et al. v. Bush, et al. (07-CV-109-VRW) ) ) ) ) ) ) ) ) ) ) ) ) ) No. M:06-CV-01791-VRW DEFENDANTS' INDEX OF EXHIBITS FOR THE THIRD MOTION TO DISMISS OR, IN THE ALTERNATIVE, FOR SUMMARY JUDGMENT IN Al-Haramain Islamic Foundation et al. v. Bush et al. Date: December 2, 2008 Time: 10:00 a.m. Courtroom: 6, 17th Floor Honorable Vaughn R. Walker Exhibit 1 -- Excerpts of Testimony at May 15, 2007 Hearing and Written Responses of James Comey, Deputy Attorney General (Referenced in Plaintiffs' FAC 19) -- Excerpts of Testimony at July 26, 2007 Hearing of Robert Mueller, Director of the Federal Bureau of Investigation (Referenced in Plaintiffs' FAC 20, 29) -- January 17, 2007 Letter of Attorney General Gonzales (Referenced in Plaintiffs' FAC 21) -- Testimony at May 1, 2007 Hearing of J. Michael McConnell, Director of National Intelligence (Referenced in Plaintiffs' FAC 22, 48b) Exhibit 2 Exhibit 3 Exhibit 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Exhibit 5 Exhibit 6 -- Testimony at August 1, 2002 Hearing of Kenneth Dam, Deputy Secretary of Treasury (Referenced in Plaintiffs' FAC 24) -- Testimony at March 4, 2004 Hearing of Gary M. Bald, Acting Assistant Director of FBI Counterterrorism Division (Referenced in Plaintiffs' FAC 25) -- Testimony at September 25, 2003 Hearing of John S. Pistole then FBI Counterterrorism Division Assistant Director (Referenced in Plaintiffs' FAC 27) -- Testimony at June 16, 2004 Hearing of R. Richard Newcomb then Director of the Office of Foreign Assets Control (Referenced in Plaintiffs' FAC 28) -- February 19, 2004, Press Release, Office of Foreign Assets Control (Referenced in Plaintiffs' FAC 30) -- April 23, 2004, Letter from Office of Foreign Assets Control to Plaintiffs' Counsel (Referenced in Plaintiffs' FAC 36) -- July 23, 2004, Letter from Office of Foreign Assets Control to Plaintiffs' Counsel (Referenced in Plaintiffs' FAC 37) -- September 9, 2004, Press Release, Office of Foreign Assets Control (Referenced in Plaintiffs' FAC 38) -- Speech at October 22, 2007 Conference of American Bankers Association by John S. Pistole, Deputy Director of FBI (Referenced in Plaintiffs' FAC 42) -- February 6, 2008, Letter from Office of Foreign Assets Control to Plaintiffs' Counsel (Referenced in Plaintiffs' FAC 47) -- Testimony at July 26, 2006 Hearing of Keith B. Alexander, Director of the National Security Agency and Michael Hayden, Director of the Central Intelligence Agency (Referenced in Plaintiffs' FAC 48a) -- Statement at September 20, 2007 Hearing of J. Michael McConnell, Director of National Intelligence (Referenced in Plaintiffs' FAC 48c) (Transcript is at Exhibit 17, following Statement of Mr. Wainstein) -- Statement and Testimony at September 20, 2007 Hearing of Kenneth Wainstein, Assistant Attorney General, National Security Division of the Department of Justice (Referenced in Plaintiffs' FAC 48d) -- Excerpts of Transcript of July 12, 2006 Oral Argument in ACLU v. NSA (E.D. Mich.) (Referenced in Plaintiffs' FAC 49) -- February 6, 2008, Memorandum of the Office of Foreign Assets Control (Referenced in Plaintiffs' FAC 51) Exhibit 7 Exhibit 8 Exhibit 9 Exhibit 10 Exhibit 11 Exhibit 12 Exhibit 13 Exhibit 14 Exhibit 15 Exhibit 16 Exhibit 17 Exhibit 18 Exhibit 19 D e fe n d a n t s ' Index of Exhibits in Al-Haram a in v. Bush (07-cv-109-VRW ) (M D L 0 6 - c v - 1 7 9 1 - V R W )

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