KLAYMAN v. OBAMA et al

Filing 25

Memorandum in opposition to re 13 MOTION for Preliminary Injunction filed by KEITH B. ALEXANDER, ERIC H. HOLDER, JR, NATIONAL SECURITY AGENCY, BARACK HUSSEIN OBAMA, II, U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 Declaration (Declaration of James J. Gilligan), # 2 Exhibit (Exhibit A), # 3 Exhibit (Exhibit B), # 4 Exhibit (Exhibit C), # 5 Exhibit (Exhibit D), # 6 Exhibit (Exhibit E), # 7 Exhibit (Exhibit F), # 8 Exhibit (Exhibit G), # 9 Exhibit (Exhibit H), # 10 Exhibit (Exhibit I), # 11 Exhibit (Exhibit J), # 12 Exhibit (Exhibit K), # 13 Exhibit (Exhibit L), # 14 Exhibit (Exhibit M), # 15 Exhibit (Exhibit N), # 16 Exhibit (Exhibit O), # 17 Exhibit (Exhibit P), # 18 Exhibit (Exhibit Q), # 19 Exhibit (Exhibit R), # 20 Exhibit (Exhibit S), # 21 Exhibit (Exhibit T), # 22 Text of Proposed Order)(Gilligan, James)

EXHIBIT M

DIANNE FEINSTEIN. CALIFORNIA.. C'<AIRMAN
CHRISTOPHER S. BOND. MISSOURI. VICE CHAIRMAN
JOHN D. ROCKEFELLER IV. WEST VIRGINIA
RON WYOEN, OREGON

EVAN BAYH, INDIANA
BAABAIIA A. MIICULSIO, MARYlAND
RUSSELL D. FEINGOlD. WISCONSIN
BILL NELSON, A.ORIDA
SHELDON WHITEHOUSE. RHODE ISLAND

ORRIN HA.TCM, UTAH
OlYMPIA J. SNOWE. MAINE
SAXBY CHAMBLISS. GEORGIA

RICHARD BURR, NORTH CAROLINA
TOM C08URN. OKLAHOMA
JAMES E. RISCH. IDAHO

HARRY REID, NEVADA, eX OFFICIO
MITCH McCONNEll. KENTLICKY. ex OFFICIO
CARL LEVIN, MICHIGAN. EX OFFICIO
JOHN McCAIN, ARIZONA, EX OFFICIO
DAVID GRANNIS, STAFF DIRECTOR
LOUIS B. TUCKER. MINORITY STAFF DIRECTOR
KATHLEEN P. McGHEE. CHIEF CLERK

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SELECT COMMITTEE ON INTELLIGENCE
WASHINGTON, DC 2051!Hl475

February 23, 2010

Dear Colleague:
Three provisions of the Foreign Intelligence Surveillance Act of 1978 (FISA) will
sunset on February 28, 2010: (1) authority for roving electronic surveillance oftargets
who take steps to thwart FISA surveillance (Section 206 of the USA PATRIOT Act); (2)
authority to compel production of business records and other tangible things with the
approval of the FISA Court (Section 215 of the USA PATRIOT Act); and (3) authority to
target non-U.S. person "lone wolves" who engage in international terrorist activities but
are not necessarily associated with an identified terrorist group (Section 6001 of the
Intelligence Reform and Terrorism Prevention Act).
Members of the Select Committee on Intelligence have previously requested that
the Executive Branch permit each Member of Congress access to information on the
nature and significance of intelligence authority on which they are asked to vote. In
response to these requests, the Attorney General and the Director of National Intelligence
have provided a classified paper to the House and Senate Intelligence Committees on
important intelligence collection made possible by authority that is subject to the
approaching sunset, and asked for our assistance in making it available, in a secure
setting, directly and personally to any interested Member.
We would like to invite each Member of the Senate to read this classified paper in
the Intelligence Committee's offices in 211 Hart Senate Office Building. The Attorney
General and DNI have offered to make Department of Justice and Intelligence
Community personnel available to meet with any Member who has questions. We will
be pleased to make members of our staff available for the same purpose. Please contact
our Security Director, James Wolfe, at 224-17 51, to arrange for a time.
Sincerely,

ianne Feinstein
Chairman

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