KLAYMAN v. OBAMA et al

Filing 22

MOTION For Leave to File Supplemental Declaration re 13 MOTION for Preliminary Injunction by LARRY E. KLAYMAN, CHARLES STRANGE, MARY ANN STRANGE (Attachments: # 1 Exhibit 1 -- Declaration of Professor Edward Felten, # 2 Exhibit 2 -- Washington Post Article, # 3 Text of Proposed Order)(Klayman, Larry)

IN UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
LARRY KLAYMAN, et. al
Plaintiffs,
v.
BARACK HUSSEIN OBAMA II, et. al

Defendants.

Civil Action No. 13-CV-851

MOTION FOR LEAVE TO FILE SUPPLEMENTAL DECLARATION

On October 28, 2013 the Plaintiffs filed a Motion for Preliminary Injunction in the above
styled lawsuit. Within the pleading, the Plaintiffs referenced, cited and relied on the Declaration
of Edward W. Felten, Professor at Princeton University. See Plaintiffs' Motion for Preliminary
Injunction at pp. 11. This Declaration was filed in connection with the ACLU's Motion for
Preliminary Injunction in another case concerning PRISM and the Verizon defendants (ACLU v.
Clapper, et al., Case No. 13-cv-03994 (S.D.N.Y., June 11, 2013). Plaintiffs have attached the
Declaration as Exhibit 1 to help facilitate the government Defendant's Response in Opposition,
currently due on or before November 11, 2013 as the Declaration is a matter of record in this
case and the ACLU’s. Indeed, the government already has this Declaration in its possession from
the ACLU case and its opposition to its preliminary injunction motion.
As the Washington Post recently reported, the NSA continues to spy on millions of
Americans and collects mountains of data by infiltrating websites such as Yahoo and Google.
See Exhibit 2 --"NSA infiltrates links to Yahoo, Google data centers worldwide, Snowden
documents say" By Barton Gellman and Ashkan Soltani. As reported in the article, which is

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attached an incorporated by reference in this pleading as Exhibit 2, additional documents
revealed by Edward Snowden revealed that "[b]y tapping into those links,, the agency has
positioned itself to collect at will from hundreds of millions of user accounts, many of them
belonging to Americans." The article continues to describe that "[f]rom undisclosed interception
points, NSA and the GCHQ [Britain's Government Communications Headquarters] are copying
entire data flows across fiber-optic cables that carry information among the data centers of the
Silicon Valley giants." According to the Washington Post report, “According to a to a top-secret
accounting dated Jan. 9, 2013, the NSA’s acquisitions directorate sends millions of records every
day from internal Yahoo and Google networks to data warehouses at the agency’s headquarters
at Fort Meade, Md. In the preceding 30 days, the report said, field collectors had processed and
sent back 181,280,466 new records – including ‘metadata,’ which would indicate who sent or
received e-mails and when, as well as content such as text, audio and video.” This new revelation
concerning a secret government program known as MUSCULAR is thus subsumed in this
lawsuit, as MUSCULAR is a “sister” program to PRISM.
Plaintiff contacted the government Defendants' counsel on November 1, 2013 to seek
consent for this motion. Defendants' counsel has not as yet replied, although Plaintiffs do no
anticipate any opposition given that Plaintiff’s referenced and incorporated the subject
Declaration into its preliminary injunction motion and the government Defendants have already
had it in their possession for many months.
Dated: November 1, 2013
Respectfully submitted,
/s/ Larry Klayman
Larry Klayman, Esq.
Attorney at Law
D.C. Bar No. 334581
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2020 Pennsylvania Ave. NW, Suite 800
Washington, DC 20006
Tel: [phone]
Email: [e-mail]

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CERTIFICATE OF SERVICE

I HEREBY CERTIFY that on this 1st day of November 1, 2013 a true and correct copy of the
foregoing Motion For Leave To File Supplemental Declaration (Civil Action No. 13-cv- 851)
was submitted electronically to the District Court for the District of Columbia and served via
CM/ECF upon the following:

James R. Whitman
U.S. DEPARTMENT OF JUSTICE
P.O. Box 7146
Washington, DC 20044
[phone]
Fax: [phone]
Email: [e-mail]
James J. Gilligan
Special Litigation Counsel
Civil Division, Federal Programs Branch
U.S. Department of Justice
P.O. Box 883
Washington, D.C. 20044
[phone]
Email: [e-mail]
Randolph D. Moss
WILMER CUTLER PICKERING HALE & DORR LLP
1875 Pennsylvania Avenue, NW
Washington, DC 20006
[phone]
Fax: [phone]
Email: [e-mail]
Attorneys for Defendants.
Respectfully submitted,
/s/ Larry Klayman
Larry Klayman, Esq.
D.C. Bar No. 334581
Klayman Law Firm
2020 Pennsylvania Ave. NW, Suite 345
Washington, DC 20006
Tel: [phone]

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