KLAYMAN v. OBAMA et al
Filing
41
TRANSCRIPT OF PROCEEDINGS before Judge Richard J. Leon held on 11/18/13; Date of Issuance:11/26/13. Court Reporter/Transcriber Patty Gels, Telephone number 2023543236, Court Reporter Email Address : Patty_Gels@dcd.uscourts.gov.<P></P>For the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court reporter referenced above. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter.<P>NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at ww.dcd.uscourts.gov.<P></P> Redaction Request due 12/17/2013. Redacted Transcript Deadline set for 12/27/2013. Release of Transcript Restriction set for 2/24/2014.(Gels, Patty)
1
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
LARRY E. KLAYMAN, ET AL.
Plaintiffs,
v.
BARACK HUSSEIN OBAMA, ET AL.
Defendants.
. . . . . . . . . . . . . . . .
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Docket Nos. CA13-851
CA13-881 (RJL)
November 18, 2013
11:30 a.m.
TRANSCRIPT OF PRELIMINARY INJUNCTION HEARING
BEFORE THE HONORABLE RICHARD J. LEON
UNITED STATES DISTRICT JUDGE
APPEARANCES:
For the Plaintiff Pro Se:
LARRY E. KLAYMAN
Law Office of Larry E. Klayman
2020 Pennsylvania Avenue, NW
Washington, DC 20006
For the Defendants:
JAMES J. GILLIGAN
RODNEY PATTON
MARCIA BERMAN
BRYAN DEARINGER
U.S. Department of Justice
20 Massachusetts Avenue, NW
Washington, DC 20001
For the Defendant
Verizon Communications:
RANDOLPH D. MOSS
Wilmer Cutler Pickering Hale &
Dorr, LLP
1875 Pennsylvania Avenue, NW
Washington, DC 20006
2
For the Defendant
National Security Agency:
JAMES R. WHITMAN
U.S. Department of Justice
PO Box 7146
Washington, DC 20044
Also Present:
Naveed Muboobian
Mona Falah
Charles and Mary Ann Strange
Court Reporter:
PATTY ARTRIP GELS, RMR
Official Court Reporter
Room 4700-A, U.S. Courthouse
Washington, D.C. 20001
(202) 962-0200
Proceedings reported by machine shorthand, transcript produced
by computer-aided transcription.
3
1
P R O C E E D I N G S
2
COURTROOM DEPUTY:
I Honor, we have Civil Action 13-851
3
and Civil Action 13-881 Larry Klayman et al. versus Barack
4
Hussein Obama, et al. I would ask that counsel please approach
5
the lectern and identify yourself and those at your respective
6
tables.
7
8
9
10
MR. KLAYMAN:
Thank you, your Honor.
Larry Klayman.
Pleasure to be here.
THE COURT:
Welcome.
MR. KLAYMAN:
May I ask permission for my associates to
11
sit at counsel table? They are members of the California Bar?
12
They came with me.
13
THE COURT:
14
MR. KLAYMAN:
15
Are they counsel of record in the case?
They are not counsel of record.
I am
counsel of record.
16
THE COURT:
What are the Courts are they members of?
17
MR. KLAYMAN:
18
MR. MUBOOBIAN:
19
District of California.
In California.
Mr. Muboobian.
California Supreme Court and Central
20
THE COURT:
And who else?
21
MR. KLAYMAN:
22
THE COURT: What Courts?
23
MR. KLAYMAN:
24
THE COURT:
25
MR. KLAYMAN:
Miss Mona Falah.
California Supreme Court.
All right.
They can sit there.
Thank you.
4
1
2
The COURT: Hold on now.
ourselves.
We are just introducing
You can have a seat.
3
MR. KLAYMAN:
4
THE COURT:
5
MR. GILLIGAN:
Okay.
Thank you.
Mr. Gilligan.
Thank you, your Honor.
James Gilligan
6
with the Department of Justice for the Government Defendants.
7
With me at counsel table are Marcia Berman, Bryan Dearinger,
8
Rodney Patton, Tony Coppalino and also joining us today is
9
Elizabeth Shapiro.
10
THE COURT:
11
MR. GILLIGAN:
12
MR. MOSS:
13
16
17
I thought he would introduce himself.
Good morning, your Honor, Randolph Moss on
behalf of the Verizon Defendants.
14
15
Don't forget Mr. Moss.
THE COURT:
Welcome.
All right.
Very good.
Mr.
Klayman.
MR. KLAYMAN:
Thank you, your Honor.
If I may address
some preliminary matters with the Court.
18
THE COURT:
Sure.
19
MR. KLAYMAN:
I would like to approach the bench with a
20
binder that we prepared about relevant documents that we
21
referred to in our briefs and also with two requests that we
22
made to the NSA through the Justice Department to authenticate
23
those documents for purposes of any use that your Honor may
24
decide to employ them for in this case.
25
It is our understanding from Mr. Gilligan, we got an
5
1
e-mail that they would not produce anyone to authenticate the
2
documents, nor would they deny or admit the authenticity of the
3
documents.
4
Section 21 of this binder which I would like to provide to your
5
Honor with it.
6
7
So we do have
THE COURT:
It is at
You can hold off on providing anything
right now.
8
MR. KLAYMAN:
9
THE COURT:
10
a tutor request pending.
Okay.
Let's see where this goes.
MR. KLAYMAN:
The second matter is that we filed a
11
Motion To Amend the Complaint, both of the different complaints.
12
Within the original complaint, it was either implicit or
13
otherwise that we were going under the APA by virtue of the
14
nature are the of the relief we were requesting, but we thought
15
we should make it clearer.
16
Motion For Leave To Amend the Complaints to add the APA remedy.
17
So yesterday evening we filed a
In addition, it sets forth the relief that we requested
18
in the Preliminary Injunction Motions.
19
that on the Court's PACER system, but I have do have a hard copy
20
if you would like to have it.
21
THE COURT:
That's fine.
Your Honor should have
Obviously the Government
22
hasn't had a chance to respond yet so we will and see what the
23
Government's response is.
24
25
MR. KLAYMAN:
Yes. In addition, yesterday as we were
preparing, we learned of additional information that bears on
6
1
our clients who are sitting at counsel table with us.
2
THE COURT:
Welcome.
3
MR. KLAYMAN:
4
THE COURT:
5
MR. KLAYMAN:
Charles and May Ann Strange.
Welcome.
Which bears on the Government intruding
6
into their private communications with regard to computers and
7
we filed a Motion For Leave to file this affidavit.
8
affidavit of David M.
9
inspected that computer.
10
Syler.
It is
the
He is the computer expert who
We ask for leave to file that.
I have
a copy of that if your Honor would like a copy of that.
11
THE COURT:
Any objection? Come on up, Mr. Gilligan.
12
MR. GILLIGAN:
Regarding the Amended Complaints, your
13
Honor, we would like to reserve judgment on those since we just
14
received them last night, and we do object to the attempts to
15
introduce new evidence that was only provided to us last night
16
the evening before the argument in this matter.
17
THE COURT:
Why don't we do this.
You can have until
18
the end of the week to file any objection you have to it and
19
then I will take it under advisement.
20
MR. GILLIGAN:
21
MR. KLAYMAN:
Very well, your Honor. Thank you.
I think that does it for the preliminary
22
matters your Honor.
Thank you.
23
THE COURT:
All right.
24
MR. KLAYMAN:
Okay.
25
MR. KLAYMAN:
I will get my binder.
You don't have to leave.
Now we will do the
7
1
argument.
2
THE COURT:
3
MR. KLAYMAN:
4
You can stay.
Okay.
Does your Honor have any time
limitation?
5
THE COURT:
Yes.
What I was thinking, as you will see
6
in a minute, my focus is going to be essentially today two part;
7
and I think a half an hour each side.
8
split yours with a rebuttal,
9
But the Government can have a half hour total and you can have a
10
half hour total, but you can split it 20/10, however you want to
11
split it.
12
I give you chance to
because you are the moving party.
It is your choice.
But my focus today is really two part.
First is the
13
authority of this Court to handle this case by what authority
14
and, secondly, what if any standing has been demonstrated on the
15
part of the Plaintiffs to, if this Court has authority, to hear
16
this case, what standing if any has been demonstrated by the
17
Plaintiffs that would enable this Court to go forward in
18
evaluating this case? So that's kind of where my focus is.
19
The problem, frankly, Mr. Klayman, is on the first
20
issue, the briefs are very thin on both sides.
Judge Pauly
21
apparently in New York specifically asked for briefing on this
22
issue and based on what my clerks could find, there wasn't a
23
whole heck of a lot that was filed; and, to me, this is the
24
overarching question:
25
III Court involve itself in evaluating decisions of a separate
By what authority can this Court, Article
8
1
Article III Court set by Congress with the very specific
2
statutory framework that does not in any way, shape or form
3
provide for jurisdiction in this Court?
4
By what authority can this Court do that? Statutory or
5
constitutional and if you have got some analogies, that would be
6
helpful because frankly I have been searching for it.
7
MR. KLAYMAN:
8
THE COURT: Please.
9
MR. KLAYMAN:
10
question.
Let me get right to it, your Honor.
Because we thought you would ask that
You raised that at the status conference.
11
THE COURT:
12
MR. KLAYMAN:
13
Good.
provide that to you?
We prepared a bench brief on that.
A very short brief bench brief but --
14
THE COURT:
15
MR. GILLIGAN:
16
May I
Make sure Mr. Gilligan gets that.
Reserving my right to object, your
Honor.
17
THE COURT: All right. That's fine.
18
MR. KLAYMAN:
19
THE COURT:
20
21
Okay. And a copy for your Clerk?
I can't listen and read at the same time so
I will give them a copy.
MR. KLAYMAN:
How is that?
You go ahead.
Let me just emphasize that there are two
22
lawsuits here.
One was a lawsuit filed with regard to Verizon
23
where you have Judge Vincent's order which is at issue and that
24
was the order of April 25, 2013.
25
Honor knows, it is incredibly overly broad.
And in that order, as your
It allows for the
9
1
collection of any telephone records, metadata, et cetera on
2
every Verizon customer of which I am one and of which all of our
3
Plaintiffs are one as well.
4
5
THE COURT:
The Government is prepared to concede that
apparently based on their briefs.
6
MR. KLAYMAN:
7
THE COURT:
8
All right.
They make a distinction between different
Verizon accounts.
9
MR. KLAYMAN:
We are users and, of course, as users and
10
subscribers, we are subject to having our telephone calls routed
11
through Verizon.
12
subscription with Verizon, but that is the case --
So we are affected with or without any kind of
13
THE COURT:
Okay.
14
MR. KLAYMAN:
-- here and that's not in dispute and
15
Verizon is here and they can confirm in fact that we are
16
subscribers if they would like to.
17
Interestingly enough, that order was renewed later,
18
okay, by Judge McLaughlin and that -- from our reading of that
19
order, it is virtually the same order.
20
broad.
21
in there because it hasn't been released, but let us presume it
22
is the same order.
23
There is some redactions.
Okay.
It is overly
We don't exactly what she has
That order will go out of effect on January 3, 2014.
24
So there will be no order.
So whatever I argue today as of
25
January 3, 2014, there will be no Court Order unless it is
10
1
renewed; and your Honor could step in immediately at that time.
2
However, you can step in now and here is why.
3
Number one, what happened at the FISA Court was all
4
ex parte.
5
participate in that proceeding.
6
Information was provided to the Judge, Judge Vincent.
7
a long history as we set forward in the briefs and as we
8
documented in various Court Orders of the NSA lying to the FISA
9
Court and lying to the U.S. Government about what's going on
10
11
We as Plaintiffs did not have the opportunity to
It was done ex parte.
There was
with regard to their metadata program.
In addition, there was an audit done just in 2012 which
12
showed that were 2,712 approximately violations of Section 215
13
and Section 702 of the Privacy Act.
14
2,712.
On top of that the Inspector General found 12
15
instances where individuals at the NSA accessed actual
16
conversations and other types of information to spy on their
17
boyfriends, girlfriends, husbands and wives
18
were cheating on them at the time.
19
thinking that they
Now, if that can go on with the lower level employees,
20
just think what the potential is with regard to upper level
21
employees and big interests that are challenging this
22
administration.
23
we are a big interest or not.
24
adversarial towards the administration,
25
whose son was an NSA cryptologist assigned to Navy Seal Team
I will let your Honor be the judge of whether
But, you know, we are quite
and so is Mr. Strange
11
1
Six.
2
raid where the mission was termed Extortion 17.
3
retaliation by the Taliban because Seal Team Six had taken out
4
Osama bin Ladin.
5
He went down tragically in a cash on August 6, 2011, in a
It was
He has lawsuits which I filed on his behalf.
We are in front of Congress in a Congressional inquiry
6
and one of the issues there is is the administration and did the
7
military, are they culpable for the deaths of these individuals
8
either through negligence or otherwise?
9
So I am kind of answering the question combining it.
10
There you have the standing and we have set forth in detail
11
affidavits our standing.
12
THE COURT:
13
MR. KLAYMAN:
14
THE COURT:
15
MR. KLAYMAN:
16
THE COURT:
I will get to that.
Let's look at the question directly.
Let's look at the first one.
Directly.
Right.
Is there any doubt in your mind, any that
17
when Congress devised the scheme it devised creating the FISA
18
Court and providing within it for review by the review Court and
19
then possible review by the U.S. Supreme Court that Congress
20
intended in any way, shape or form for other Article III Courts
21
to have a jurisdictional basis to review the decisions of those
22
FISA orders?
Is there any doubt in your mind about that?
23
MR. KLAYMAN:
24
authority to review that order.
25
THE COURT:
I have no doubt that you have the
Hold on.
If the answer to my question is
12
1
you have no doubt, I will see what Mr. Gilligan says.
2
MR. KLAYMAN:
3
THE COURT:
And I have more to add.
I know.
No.
I will see what Mr. Gilligan
4
says, but assuming, and he can correct me if I am assuming
5
incorrectly, that the Government's position will be no other
6
Article III Court has any authority to second guess those
7
decisions and to review those decisions of the FISA Court.
8
assuming that's going to be his position.
9
otherwise.
10
I am
He might tell me
If I go to the next step and start evaluating the
11
jurisdictional question with regard to the Preliminary
12
Injunction you are seeking, I can't do it without first deciding
13
that I have the authority.
14
Klayman.
15
unfortunately in a situation where Congress has made it pretty
16
clear that they don't think I have that authority.
17
I have to decide that first, Mr.
I have to make that decision and I have to make it
MR. KLAYMAN:
Well, what's key about Congress' acts
18
whether Section 215 or 702 or the entire panoply of the Patriot
19
Act is that it does not exclude Article III Courts from
20
reviewing issues with regard to individual litigants.
21
that had to be intended because we don't live in a totalitarian
22
state where the Government and the Courts don't give due process
23
rights to the American people.
24
25
Obviously
How is it that I would have no rights or Mr. Strange
and his wife would have no rights and the other two Defendants
13
1
Michael Ferrari and Matt Garrison would have no rights.
So,
2
consequently, Congress not writing out any other review by an
3
Article III Court which says that you can reach issues of
4
constitutionality, that's right in the Constitution in Article
5
III; and it is also in 1331, 18 USC 1331:
6
have the authority to rule upon constitutional matters.
The District Courts
7
We are challenging not just a violation --
8
THE COURT:
9
MR. KLAYMAN:
10
11
THE COURT:
It is that simple.
Is it really that simple? So, for example,
let me give a hypothetical.
12
13
Is it really that simple?
MR. KLAYMAN:
Combined with other things I am going to
add.
14
THE COURT:
Let me give
you a hypothetical, Mr.
15
Klayman.
16
Court Judge were to issue a subpoena that called for the
17
production of records, a person of whose records would claim
18
that it would violate their constitutional rights for those to
19
be produced by the record holder.
20
Claims Court Judge were to permit the production of those
21
records in the face of a claim of a violation of their
22
constitutional rights, do you think I could review that
23
decision? Would I have the jurisdictional authority the review
24
that decision?
25
If a Court, let's say a Tax Court Judge or a Claims
MR. KLAYMAN:
If in a Tax Court Judge or
Here is the distinction.
It was the fix
14
1
I am making initially.
2
records subpoenaed by the IRS has the right to intervene in that
3
proceeding of the Tax Court and oppose that subpoena.
4
THE COURT:
If an individual who is having their
Not the IRS.
If there is a Motion To Quash
5
the subpoena in the litigation, the litigation in the Tax Court
6
or the Claims Court, if there was a Motion To Quash the subpoena
7
by the person whose records they were, not the person who was
8
holding the
9
the Article III Court, this Court, U.S. District Court in D.C.,
records, the person whose records they were, could
10
would we have jurisdiction to either issue such an order or to
11
review a denial of such a request that was made in the Tax Court
12
or the Claims Court?
13
14
MR. KLAYMAN:
Well, your Honor, I don't think that
analogy in all due respect applies here.
15
THE COURT:
Why not?
16
MR. KLAYMAN:
It doesn't apply because, as I was
17
saying, the individual whose records are being obtained has a
18
right to intervene in the Tax Court action.
19
Mr. Strange and his wife have no right to intervene before the
20
FISA Court, plus it is secret.
21
on.
22
I have no right,
No one even knows it is going
It is a Star Chamber proceeding.
If you look at the statistics that are out there, the
23
FISA Court, no lack of respect, rubber stamps what the
24
Government wants.
25
.03 percent of the time.
They have only ever turned down any request
15
1
THE COURT:
So if you are right and the Government is
2
wrong, again I am assuming the Government is going to take the
3
opposite position, we will find out in a few minutes --
4
MR. KLAYMAN:
5
THE COURT:
6
MR. KLAYMAN:
7
8
9
10
11
Well, I know they will.
If that's -I have been litigating with Mr. Gilligan
for 20 some years.
THE COURT:
If that's the Government's position, in
effect you are asking me to find that the statutory framework
that was designed for FISC review is unconstitutional.
MR. KLAYMAN:
You are not overruling what FISC did.
In
12
this case, in the confines of this case, you can rule
13
independently as to whether or not obtaining those records,
14
which are ongoing by the way -- these aren't past records.
15
is going on today.
16
metadata records with regard to Verizon, and we are just talking
17
about Verizon now, are in fact being acquired by the NSA and
18
they have total ability to get into to them to determine who I
19
associate with and who I deal with.
20
THE COURT:
This
As of today, records of myself and others,
They are being produced pursuant to an
21
order by a Federal Court, an Article III Judge who has found
22
that doing so is consistent with the statute and constitutional.
23
What you are in essence asking me to do is to at a minimum
24
review, but you want me to more than review, you want me to
25
overrule it effectively, superimpose this Court's authority into
16
1
the work of the FISA Court.
2
do.
3
MR. KLAYMAN:
That's what you are asking me to
That's only with regard to lawsuit number
4
one, but you can make a ruling here with regard to myself and
5
the other Plaintiffs that pertain to what's going on with regard
6
to us at a minimum.
7
This is -- we did not have -- Judge Vincent's order is not
8
entitled to collateral estoppel or res judicata effect.
9
no ability to participate in that.
10
It is
You can reach the constitutional issues.
We had
in no force and effect with regard to us, the
11
Plaintiffs.
12
philosophical, as Jefferson said, our third President:
13
people fear the Government, there is tyranny.
14
frightened to death.
15
and center.
16
agree on these things.
17
And in this day and age, not to get too
When the
The people are
This is an issue that unites left, right
ACLU, liberal.
Freedom Watch, conservative.
We
You, your Honor, are the last step, the last bastion of
18
protection for the American people and, if a Judge does
19
something with regard to the original order which impacts us, we
20
have a right to exercise our due process rights by
21
the only Court that we can be in, and that's this Court.
22
going into
And Congress did not say we can't be in this Court.
In
23
fact, Congress explicitly in the Constitution at Section 1331
24
says you can reach the constitutional issues; and what we are in
25
effectively going to ask to you do in a Preliminary Injunction
17
1
is simply hold the Government to the letter of the law.
2
follow the law.
3
Just
That doesn't contravene Judge Vincent's order if you
4
enter a Preliminary Injunction following Section 215 of the
5
Privacy Act and Section 702, start obeying the law.
6
presume anything with regard to Vincent, but in fact allows us
7
to exercise our rights.
8
9
It doesn't
Now, with regard to case number two, there is no
Vincent order there.
They are doing what they want.
This is
10
like the Wild West but worse.
11
of this country this kind of violation of the privacy rights of
12
the American citizens.
13
time everyone picks up the phone, they believe they are being
14
listened to. Every time someone calls their boyfriend or
15
girlfriend or your girlfriend goes to the doctor or you go to
16
the doctor, all these associational facts can be picked up
17
through the metadata.
18
here, and the Government has the audacity to come back and say
19
we can't do anything to correct that within six months when an
20
expert says you can do it like that.
21
We have never seen in the history
We live in an Orwellian state.
Every
You saw the expert Ed Felton's affidavits
The Government has a history of lying here, and it has
22
been confirmed by judges that sit on both courts, this Court and
23
the FISA Court.
24
So, your Honor, you do have that authority and all you
25
are, basically if you enjoin the Government and we respectfully
18
1
request that you do, is to enjoin them to follow the law.
2
doesn't contravene any Court Order.
3
THE COURT:
That
Well, let's take Judge Vincent and Judge
4
McLaughlin, they have issued orders that they believe are
5
lawful, consistent with the Constitution and consistent with the
6
statutory framework that Congress enacted 215.
7
Court were to issue an order to prohibit any further collection,
8
the Court would effectively be countermanding their order.
9
MR. KLAYMAN:
10
THE COURT:
Now, if this
You know --
How can they look at it in any other way?
11
The order is prospective in nature. It is for 90 days.
12
lasts for 90 days and, of course, in that 90-day period right
13
now at least for the most recent order.
14
separate Article III Judges on the FISA Court have issued these
15
orders every 90 days for the last seven years roughly, 6,
16
7 years.
17
It only
And I think it is 15
So the point is that under the framework that was
18
designed by Congress, Article III Judges have been consistently
19
finding for a lengthy period of time every 90 days that the
20
order being sought by the FBI with regard to the NSA's capacity
21
is consistent with 215 and consistent with the Constitution.
22
MR. KLAYMAN:
Your Honor, no disrespect to Judges of
23
which I founded a group called Judicial Watch to honor judges
24
and I gave awards to judges who did a good job and criticized
25
those who did not, but the reality is King George had judges too
19
1
back in 1776 and those judges were ruling against the
2
colonialists caused them to rise up and wage a revolution.
3
You are the safety valve to that happening.
The
4
potential for this is so extreme, no outrageous, so totalitarian
5
that if there is no other way to have this reviewed, the
6
American people will rise up because they are upset at what's
7
going on; and that's why you -- and we thank you for giving us
8
an opportunity to be heard and to do this timely, we appreciate
9
that, but you cannot be in any way enslaved by the decisions of
10
other judges in a Court where we had no right to make an
11
argument, we have no right to make an appeal, it is done in
12
secret, secret, Star Chamber and then on top of that --
13
14
15
16
THE COURT:
Is it your position that that framework is
unconstitutional?
MR. KLAYMAN:
Yes, but I am not asking you to reach it
at the Preliminary Injunction stage.
17
THE COURT:
18
MR. KLAYMAN:
It is my
position.
Well -Not with regard,
not with regard if
19
there is some kind of nexus between an investigation -- there is
20
no investigation here of any of the hundreds of millions of
21
Americans or tens of millions of Americans that use Verizon,
22
certainly not with regard to the 300 million that are affected
23
by the Prizm program.
24
25
There is no investigation.
There is no showing of a reasonable suspicion of any
connection to terrorism or crime.
It is not -- it is open
20
1
ended.
2
satisfy the Fourth Amendment.
3
collection of records now and into the future and there is no
4
predicate facts here that people have done anything wrong, that
5
I have done anything wrong or Mr. Strange or the other
6
Plaintiffs.
7
It is not definite as to time which you have to have to
You just can't have an open ended
So Congress not having closed the door, if they had
8
intended to cut off all of our rights, which they can't do, they
9
would have said so in the legislation.
They did not.
And the
10
fact that it is not in there does not preclude an alternative
11
avenue for relief, and you are the person that the American
12
people are depending on to protect us.
13
And that's why the only alternative is for the people
14
to take matters into their own hands.
15
Courts.
16
I am an idealist.
17
and tyranny, but I actually believe in the system.
18
because -- that's why I do what I do.
19
That's why I became a lawyer.
That's why I respect the
That's why I am here and
Yes, I fight against Government corruption
That's
So a Judge like you or a Judge like Royce Lamberth on
20
this Court, okay, who made many decisions which were against the
21
flow, he went upstream, who protects the American people,
22
sometimes even against members of his own original political
23
party like Gale Norton.
24
25
You guys are our only protection.
We have no other
protection, and that's why it is so important because the
21
1
American people need to know that you are here for us.
2
THE COURT:
Well, if the statutory framework does not
3
permit other courts to get involved in reviewing and evaluating
4
or even posing itself in these orders, then it would seem to me
5
the only way the Court could actually get to that is to rule it
6
as unconstitutional.
7
Do you see any other alternative?
MR. KLAYMAN:
We are not challenging the Patriot Act if
8
it is applied properly at this stage.
9
has to be relevant.
10
What we are saying is it
The people that are being surveyed, there
has to be an actual investigation --
11
THE COURT:
Well, the relevance --
12
MR. KLAYMAN:
13
THE COURT:
-- based on predicate facts.
-- relevance decisions are decisions under
14
the framework made by an Article III Judge.
15
the statutory framework that permits other Article III Courts to
16
second guess that decision.
17
findings.
18
MR. KLAYMAN:
There is nothing in
These judges all made relevant
That decision -- those decisions if they
19
apply to the way the statute is written, the Patriot Act, and if
20
it is some nexus between the individual who is having their
21
information gathered and reviewed by the Government and
22
terrorism or committing a crime, okay; but when other people are
23
being subjected to this as we now know is the case by the
24
admissions, forced admissions of the NSA after the director of
25
NSA lied to Congress.
Frankly, he should --
22
1
THE COURT:
Let me ask you this.
What is your basis to
2
believe that the NSA has done any queries relating to either you
3
or your client?
4
MR. KLAYMAN:
Well, in our affidavits we submitted,
5
that gets to the standing issue.
My colleagues have received
6
text messages that I never sent.
I think they are messing with
7
me.
8
destroy you if we want to.
9
10
They are saying, Mr. Klayman, we have the ability to
THE COURT:
Text messages from whom?
MR. KLAYMAN:
From me.
From me to colleagues.
Mr.
11
Strange the affidavit set forth that he got text messages also
12
that were inexplicable.
13
Michael that were sent to him, and this latest affidavit shows
14
that a disk that was given to him that supposedly had a report
15
dealing with the circumstances of Extortion 17's being shot
16
down, that that was infected with spyware which now allows the
17
Government to go into his computer.
18
He got e-mails from his dead son
It is not inconceivable, your Honor, it is not part of
19
the record.
As Mr. Gilligan knows, I objected during the years
20
that we were fighting the Clinton's at Judicial Watch.
21
people following me home.
22
the office and read -- bounce stuff off of my windows for
23
wiretaps and things like that.
24
and, unfortunately, we have to then turn to someone like
25
yourself who has integrity who can step in and who has the
My staff.
I had
I had somebody come into
This goes on in the Government
23
1
2
courage to protect the American people.
And that's why I am not one of those conservatives that
3
thinks the judicial branch is a lesser branch of the other two.
4
I think it is more important because you are the last guard, you
5
are the last sentry to the tyranny in this country and, if you
6
can't step in, then the alternatives are far worse.
7
And right now we live in what is in effect a police
8
state because you can't pick the phone up without fear that it
9
is going to be used against you.
They can access your
10
accountant.
11
Ed Snowden said when he gave his interview, he could access your
12
e-mail records.
13
They can access your lawyer.
They can access you.
They could access your proctologist.
So we can't live in a country like that, and you have
14
to be able to make a ruling at least with regard to us, and what
15
we are saying here for purposes of the Preliminary Injunction we
16
will make it simple for you.
17
laws that exist.
18
constitutional issues.
19
does not provide that you can get all domestic calls, e-mails,
20
social media, youtube, Skype, it doesn't provide for that, only
21
if there is some connection to a foreign person and only if
22
there is an issue of terrorism.
23
Just enjoin them to follow the
You can deliberate further on the
Follow the Patriot Act.
The Patriot Act
Admittedly by their own admissions which are suspect
24
even what they wrote because they have been caught lying so many
25
times by courts documented -- frankly I don't know why Clapper
24
1
isn't in prison by this time -- if I did it, I certainly would
2
be there if I lied to Congress like that -- and that's the
3
impression that you have to dispel, your Honor, is that there is
4
a noble class in the United States that's above the law and the
5
rest of the citizens they can burn in heck.
6
And that's why Congress did not exclude your review for
7
particular citizens that were affected illegally.
8
be countermanding Vincent's order. You would simply be entering
9
it yourself.
10
THE COURT:
You would not
So would it be your position, Mr. Klayman,
11
that in the absence of specific preclusion of Article III Courts
12
from reviewing and second guessing the decisions of the FISC
13
Judges, this Court does have authority under the Constitution to
14
review it?
15
MR. KLAYMAN:
You have authority under the
16
Constitution, yes, your Honor, you do
17
and Fifth Amendments as we laid out in our briefs.
18
First Amendment, associational.
19
the Supreme Court stepped in and said you just can't get the
20
address books of the NAACP.
21
First Amendment rights of association with our clients and
22
privileges, attorney-client privilege, work product privilege,
23
they are being breached.
24
25
under the First, Fourth
Under the
There is the NAACP case where
You can't do that.
And with the
The Fifth Amendment you have a right of
self-incrimination.
The Government gets into our records
and
25
1
listens to our telephone calls, there goes the right of
2
self-incrimination in any criminal proceeding.
3
Fourth Amendment, no unreasonable searches and seizures
4
are
5
Supreme Court Katz case.
6
with cell phones and smart phones and that kind of thing where
7
the Government can get everything they want about you.
8
9
permitted, not just to property but to person as in the
And it is even more relevant today
So right now we live in a country where people
genuinely believe -- it has only been diverted in the last few
10
weeks because of obamacare -- that they believe they are in a
11
constant state of surveillance.
12
But the one other point I want to emphasize we are only
13
dealing with Verizon in case one.
14
Sprint, AT&T, Google, youtube, Yahoo, there was no order.
15
Vincent issued no order, no Court issued an order.
16
got that one free and clear and that's the main stay.
17
have to contravene anyone's order in regard to case number two.
18
All the other providers --
So you have
You don't
With regard to who I am and who my clients are, Charlie
19
and Mary Ann Strange and the others, you have authority to make
20
a ruling with regard to us; and that doesn't contravene anything
21
that Vincent did.
22
are asking.
23
same thing to Judge Pauley.
24
us.
25
It is just with regard to us.
That's what we
If you look at the ACLU's briefs, they are same the
We want a decision with regard to
Whether that's considered precedent in other areas, you
26
1
have a great opportunity to help Judge Vincent and Judge
2
McLaughlin understand what the law is.
3
THE COURT:
I view it more as a challenge.
4
MR. KLAYMAN:
Yes, apparently they don't understand it
5
too well, at least Judge Vincent.
6
McLaughlin because we can't see her entire order.
7
different.
8
to make a ruling with regard to us.
9
10
11
12
13
14
Maybe.
THE COURT:
We don't about Judge
It may be
But the point is that you have the ability
Now, you have used 25 minutes.
Do you want
to save five?
MR. KLAYMAN:
I will save five, your Honor.
Thank you
for your time.
THE COURT:
All right.
Mr. Gilligan, am I
assuming
correctly or not?
15
MR. GILLIGAN:
The answer that you have been waiting
16
for, your Honor, is yes and no.
17
THE COURT: Oh, you want it both ways.
18
MR. GILLIGAN:
19
THE COURT: The Department of Justice seems to like it
20
21
both ways.
What lawyer doesn't, your Honor.
Let's see how you are going to parse this one out.
MR. GILLIGAN:
I think very simply, your Honor, and
we
22
attempted to parse it this way in our briefs and, if we weren't
23
clear, I hope to clear the matter up now.
24
25
To the extent that the Plaintiffs are challenging the
statutory authority of the Government to engage in the
27
1
intelligence gathering programs at issue here, the statutory
2
authority, our position is that the Court lacks jurisdiction
3
because the various provisions of the FISA at issue preclude
4
review by third parties such as the Plaintiffs here in District
5
Court.
6
We have not taken the same position with respect to the
7
constitutional claims.
8
reach the constitutional claims because of the standing issue,
9
but so far as preclusion goes, our position on preclusion is
10
that that is limited to the claims that the Government lacks
11
statutory authority to engage in these various intelligence
12
gathering activities.
13
We think the Court lacks authority to
The reason for the distinction, if that's the question
14
I see crossing your mind, your Honor, is Supreme Court's
15
decision in
16
many times in such cases as Block versus Community Nutrition
17
Institute that a statute can implicitly preclude other types of
18
review; but when it comes to precluding review of constitutional
19
claims, the Court explained in Webster versus Doe that it
20
insists on a clearer expression on the part of Congress to
21
preclude review.
22
Webster versus Doe.
THE COURT:
The Supreme Court has held
So in the absence of a specific preclusion
23
of this Court and similar Article III Courts to deal with
24
challenges of -- to violations of constitutional rights, because
25
the Patriot Act didn't specifically preclude that this Court,
28
1
you believe has that authority?
2
MR. GILLIGAN:
3
Yes, on behalf of a Plaintiff who has
demonstrated his or her standing.
4
THE COURT:
5
MR. GILLIGAN:
6
THE COURT:
All right.
So starting with the
preclusion issue --
7
Standing.
8
9
10
11
12
Where in the Constitution would that power
come from?
MR. GILLIGAN:
THE COURT:
The power to review the --
For those who have proper standing.
Just
Article III?
MR. GILLIGAN:
The Court said in Webster versus Doe,
13
your Honor, that it would raise troublesome constitutional
14
issues if Congress were to presume to preclude review of
15
constitutional claims brought by parties with standing within
16
the Federal jurisdiction of a District Court so we have not
17
pressed that issue in this case.
18
But with respect to the arguments that the Government
19
lacks statutory authority, we believe the Plaintiffs' claims are
20
precluded by not just one, but two statutes.
21
Section 215 itself which your Honor alluded to earlier and, as
22
your Honor said, it sets forth a detailed scheme for judicial
23
review of FISA production orders that allows challenges by
24
recipients of those orders that must be brought under seal and
25
heard under seal in the FISC.
First there is
29
1
There is no provision made in Section 215 for
2
challenges by third parties such as the Plaintiffs here in
3
District Court, and we believe that reflects, as your Honor
4
said, a Congressional intent that they should not be permitted
5
to do so.
6
THE COURT:
So when an Article III FISC Judge makes a
7
decision that a request by the FBI is consistent with the
8
authority given under 215, that decision by a FISC Court Article
9
III Judge, if I understand your position correctly, is not
10
11
12
13
reviewable by this Court?
MR. GILLIGAN:
That's our position.
That is correct,
your Honor.
THE COURT:
Not reviewable by any other Article III
14
Court, only those that are in statutory framework, the review
15
Court I think it is called shorthand name for it and then the
16
Supreme Court ultimately?
17
MR. GILLIGAN:
Correct, your Honor.
As the Supreme
18
Court said in Block versus Community Nutrition Institute,
19
preclusion occurs when a statute provides a mechanism
20
judicial consideration of particular issues at the behest of
21
particular persons but not others; and we believe that Section
22
215 fits that description quite precisely.
23
The same is also true --
24
THE COURT:
25
assessments?
And that includes also relevance
for
30
1
MR. GILLIGAN:
2
THE COURT:
Absolutely.
So if
a FISC Judge is making a relevance
3
assessment as it relates to the request that's being made,
4
which, of course, Judge Vincent made, Judge McLaughlin made,
5
others, Judge Eagan, et cetera, again that's a decision
6
exclusively within the purview of the review Court, not other
7
Article III Courts?
8
9
MR. GILLIGAN:
Correct, your Honor.
same is true with respect to Section 702.
And we believe the
Mr. Klayman alluded
10
to the second lawsuit, and he suggested that there are no FISC
11
orders at issue there.
12
That's not exactly right, your Honor.
Under Section 702 which involves the targeting of
13
communications of non U.S. persons located overseas, that's the
14
Prizm Program, the FISC must approve certifications provided by
15
the Attorney General that identify the categories of individuals
16
from whom foreign intelligence will be sought.
17
approve the certifications that FISC must approve, the
18
Government's targeting and minimization procedures.
19
FISC must
So that involves FISC approval as well and so that
20
statute also provides for review of directives from the Attorney
21
General to provide information that are issued to
22
telecommunications providers by those providers in the FISC but
23
does not provide for any sort of review by any other parties in
24
District Court.
25
applies there as well.
So we believe that the preclusion argument
31
1
The second statute that we would draw your Honor's
2
attention to on the preclusion issue is 18 USC Section 2712, the
3
provision that was discussed at length in the Jewel decision,
4
the decision from the Northern District of California which is
5
cited in our briefs.
6
Section 2712 creates cause of action against the
7
Government, your Honor, for monetary damages for violations of
8
three specific provisions of the FISA that restrict the use and
9
disclosure of intelligence information that's acquired under
10
authority of the FISA.
11
basis of an action under 2712 do not include Section 215 and
12
Section 2712 does not provide for injunctive relief.
13
Those three provisions that may form the
And so as held by the District Court in Jewel, Section
14
2712 also reflects an intent by Congress not to allow claims
15
such as this one alleging use and improper -- I should say use
16
and abuse of information obtained under FISA because that
17
statute specifies a particular remedy, monetary damages, non
18
injunctive relief; and it specifies the three provisions upon
19
which an action can be based.
20
They do not include Section 215.
So on these two bases we believe that the Court lacks
21
jurisdiction
22
Section 1331 that is not a provision of jurisdiction.
23
under the APA or any other statute including
THE COURT:
So what about an argument, Mr. Gilligan,
24
where the Plaintiffs contend that the decision by a FISC Judge
25
on relevance or a decision by a FISC Judge interpreting
32
1
authority under 215 has as a consequence a constitutional
2
violation to one or more individuals?
3
If that's their argument, if their argument is this
4
FISC Judge, his erroneous ruling, his erroneous interpretation
5
of 215, his erroneous ruling on relevance has had as a
6
consequence a violation of the constitutional rights of my
7
client, under that circumstance, is it your position that a
8
Court like mine can inject itself in that and assess and
9
evaluate whether or not a Constitutional violation has occurred
10
as a result of that erroneous ruling?
11
MR. GILLIGAN:
Your Honor, as long as the Plaintiffs
12
could in that hypothetical, it is not the case here, meet the
13
requirements of Article III standing, we believe that -- or at
14
least we have not contested in this case that the Court would
15
have jurisdiction to review the constitutional claims.
16
constitutional claims in this case have no likely success on the
17
merits.
Now, the
18
Smith forecloses the Fourth Amendment claim.
19
Amendment claim is foreclosed by the principle as expressed by
20
the D.C. Circuit and Reporters Committee that a good faith
21
investigation conducted in observance of Fourth Amendment
22
requirements without any intent to punish or deter First
23
Amendment protected freedoms, gives rise to no First Amendment
24
violation.
25
The First
But I think before obviously you can get to the merits,
33
1
there is the standing issue in this case.
2
the fact that the Plaintiffs have offered no proof whatsoever
3
that any communications records of theirs, any information
4
contained in any of their communications has been collected by
5
the Government under any of the programs at issue here.
6
And it does turn on
The Prizm Program, again, that involves the targeting
7
of communications of non U.S. persons located outside the United
8
States.
9
that communications of theirs could have been picked up under
10
The Plaintiffs have adduced no facts to demonstrate
that program.
11
The --
12
THE COURT:
Then let's focus on the first case.
They
13
are contending as Verizon customers that that data has been
14
harvested as has the data of all Verizon customers, and it is
15
sitting in storage somewhere in the Government up at Fort Meade
16
and it may or may not have been used yet, but it is in the
17
possession of the Government and the Government is in a position
18
at a later time if the authority is provided by the FISA Court
19
to query it and to determine, you know, whether or not it
20
provides any relevant information of an investigation of a
21
national security nature, right?
22
MR. GILLIGAN:
23
several flaws in their position.
24
THE COURT:
25
MR. GILLIGAN:
That's their position, right?
That is their position.
There is
What are the flaws?
The flaws are that -- to say that they
34
1
are customers of Verizon is sort of glossing over an important
2
distinction.
3
disclosed but later officially acknowledged by the Government
4
was directed to Verizon Business Network Services, Inc.
5
The order of Judge Vincent's that was unofficially
The Plaintiffs in this case claim to be customers of
6
Verizon Wireless.
As reflected in this Court's decision in the
7
Shea case, also cited in our briefs, these are two separate
8
business entities.
9
disclosed order by Judge Vincent, Verizon Business Network
We have acknowledged that at the time of the
10
Services was a participant in the Section 215 telephony metadata
11
program.
12
But the Government has not acknowledged the identities
13
of any carriers who have before or since been participants in
14
the program.
15
Wireless Communications is a participating carrier in the
16
program.
17
speculation on their part that their records have been collected
18
as part of that program.
There is no evidence, in other words, that Verizon
Plaintiffs have not adduced any so it is only
19
Even if it were --
20
THE COURT:
How could that be determined? I mean if the
21
Government holds all the cards, so to speak, there is no way
22
they could -- if your theory of how they -- what they must do, I
23
should say, to demonstrate standing is what I believe it is and
24
the Government holds all the cards, they could never essentially
25
unless the Government were to reveal the program as it has
35
1
acknowledged with the Judge Vincent's order for Verizon Business
2
Services Network, Inc., they could never have standing, could
3
they?
4
MR. GILLIGAN:
5
THE COURT:
6
MR. GILLIGAN:
Well, your Honor --
Established standing.
That point was raised by the Plaintiffs
7
in the Amnesty International case cited in our papers.
It is
8
very relevant to this case.
9
their standing could be cleared up if the Government would
They said that the question of
10
simply advise the Courts whether or not any of the Plaintiffs
11
communications in that case -- that was a challenge to
12
collection under Section 702 --
13
THE COURT:
Right.
14
MR. GILLIGAN:
-- had been acquired under the authority
15
of Section 702, and the Court responded, the Supreme Court
16
responded in footnote four of that opinion that it is the
17
Plaintiff's burden to come forth with proof of specific facts
18
establishing their injuries, establishing their standing; and it
19
is not the Government's burden to disprove their standing by
20
revealing the details of its classified intelligence gathering
21
programs.
That principal holds true here.
22
THE COURT:
Okay.
23
MR. GILLIGAN:
Your Honor, I would just add a couple
24
further points.
The Plaintiffs seemed to have changed here in
25
their reply brief the nature of the relief they are seeking from
36
1
the Court.
2
the law injunction which does to the meet the specificity
3
requirements of Rule 65(d)(1)(c) and we would submit that that
4
is an improper form of relief for the Court to issue under any
5
circumstances.
6
They are now seeking what seems to be a classic obey
THE COURT:
From the Government's point of view, could
7
the Court resolve the Preliminary Injunction Motion simply on
8
the grounds of finding that there is no jurisdiction?
9
Court, of course, finds that it has the authority to act,
Once the
10
assuming that for the sake of discussion, an adequate basis for
11
jurisdiction, therefore, doesn't have to parse out the imminence
12
of harm, likely success on the merits?
13
14
15
MR. GILLIGAN:
I am sorry, your Honor.
I am not sure I
am following the thrust of your question.
THE COURT:
Is it your position that this Court could
16
resolve this Preliminary Injunction request simply on the basis
17
of no standing?
18
MR. GILLIGAN:
Yes.
If the Court found there was no
19
standing, absolutely.
That would dispose of -- the Court would
20
have no jurisdiction even to assess the likelihood of success on
21
the claims on the merits and certainly a finding on standing
22
would mean that a fortiori there could be no showing of
23
irreparable harm because even if the Plaintiffs could somehow
24
have gotten over the line of showing standing, they have
25
certainly not shown the kind of imminent, concrete injury that's
37
1
necessary for an immediate award of equitable relief by the
2
Court.
3
THE COURT:
All right.
Now, what's the Government's
4
position on the Plaintiffs' constitutional rights or interest in
5
the documentation that's being held by Verizon?
6
7
MR. GILLIGAN:
held --
8
9
10
THE COURT:
held by Verizon.
Yes, the metadata information that is being
What constitutional interests do they have in
that data?
11
12
In the documentation that's being
MR. GILLIGAN:
Without a showing that any of their
metadata have been collected, none, your Honor.
13
THE COURT:
All right.
14
MR. GILLIGAN:
If the premise -- is the premise of your
15
question hypothetically that we have collected metadata of their
16
communications?
17
THE COURT:
Yes.
18
MR. GILLIGAN:
Smith versus Maryland holds quite
19
clearly that there is no reasonable expectation of privacy in
20
such data.
21
telephone number making a call, the telephone number receiving a
22
call, the date and time of a call, information which even prior
23
to Smith, the D.C. Circuit had held in Reporters Committee was
24
of a kind not protected by the Fourth Amendment call detail
25
records.
It is non content information regarding the
38
1
2
Courts before and since Smith have consistently held
that there is no reasonable expectation of privacy in such
3
THE COURT:
4
MR. GILLIGAN:
5
THE COURT:
6
MR. GILLIGAN:
7
THE COURT:
8
That was '79, right?
So it was, your Honor.
Things have changed a little since '79.
So they have.
And in terms of computer technology, things
have changed an awful lot since '79.
9
MR. GILLIGAN:
10
11
--
THE COURT:
So they have, your Honor.
Take a look at that recent GPS opinion the
Court issued.
12
MR. GILLIGAN:
13
THE COURT:
Right.
The Supreme Court in that case certainly
14
signalled a grave concern about protecting privacy interests of
15
individuals even though suspected of committing crimes and those
16
who the Government had reason to believe had committed crimes or
17
were in the process of committing crimes; and the technology
18
that was being used in that case I think it would be fair to say
19
pales in comparison, pales in comparison to the technology that
20
NSA has at its disposal to query hundreds of millions of
21
records, maybe a billion records in matters of minutes or an
22
hour.
23
So the concerns that the Supreme Court echoed recently
24
is a far cry from Smith V Maryland.
What you can do now with
25
computers to go through that data and construct a profile of an
39
1
individual's life, his whereabouts, his spending habits, his,
2
you know, appointments that he has, whatever is so extraordinary
3
that Smith's value may be very limited if at all in this case.
4
5
MR. GILLIGAN:
Well, your Honor, I would like to make
several points about that if I could.
6
THE COURT:
Sure.
7
MR. GILLIGAN:
Smith, of course, remains the law and it
8
is controlling here.
There were some questions raised in the
9
concurrences, not the majority opinion, but in the concurrences
10
in Smith and particularly in Justice Sotomayor's concurrence
11
about whether the views expressed in cases such as Smith --
12
13
14
15
THE COURT:
You don't mean in Smith. You meant in
Jones?
MR. GILLIGAN:
I am sorry.
Smith versus Jones.
Justice Sotomayor's concurrence in Jones.
16
THE COURT:
Jones.
17
MR. GILLIGAN:
Thank you, your Honor.
Queried whether
18
the so-called third party doctrine remains appropriate in the
19
digital age.
20
that once information is disclosed to a third party, you no
21
longer have a reasonable expectation of privacy in it.
22
doctrine is the underpinning of Smith and also such cases as
23
U.S. versus Miller which is cited in Smith.
24
25
That doctrine being under the Fourth Amendment
That
But Smith remains controlling here and notably the
dissenters in Smith made the very
sort of argument that seemed
40
1
to be crossing the minds of the concurring Justices in Jones.
2
The dissenters pointed out that even in 1979 if you had
3
a list of numbers that a person had called from his or her home,
4
that could be very revealing of the identities of the persons
5
called, the places called; and that could expose very intimate
6
details about that person's life.
7
in 1979.
8
9
10
That argument was made even
Nevertheless, the majority held that there was no
reasonable expectation of privacy in those non content data.
And I think it is worth noting here, your Honor, that
11
even if we assumed strictly for purposes of argument that the
12
Plaintiffs did have a reasonable expectation of privacy in
13
information that could be gleaned from metadata about their
14
communications, under the telephony metadata program, NSA
15
analysts cannot access or review any records that may be in that
16
database save those that are responsive to queries made under
17
the reasonable articulable suspicion standard.
18
The database can only be queried using identifiers
19
which is typically to say telephone numbers that are associated
20
with foreign terrorist organizations.
21
database and retrieve records that are responsive to queries
22
based on reasonable articulable suspicion that the number you
23
are using to base your query on is associated with a foreign
24
terrorist organization.
25
You can only query the
As set forth in our papers, including our declarations
41
1
as a result of that limitation, which is imposed by the FISC's
2
orders, only a tiny fraction of the records in that database
3
have ever been viewed by human eyes; and there is no evidence in
4
this case, none, even if you assume that the Plaintiffs' records
5
were in there, that any of the records have actually been
6
reviewed subject to a query of that kind.
7
8
THE COURT:
So the records that the NSA has in its
possession are just numbers, right?
9
MR. GILLIGAN:
10
THE COURT:
Yes.
And in order for the NSA to get behind
11
those numbers, so to speak, to see the names associated with
12
them, the account and that, they would have to get a separate
13
order?
14
MR. GILLIGAN:
It is actually one step even beyond
15
that, your Honor. The database doesn't even have names in it.
16
It is just the metadata numbers called, numbers calling, time
17
and date of the call, trunk lines, what are called --
18
THE COURT:
Duration of call.
19
MR. GILLIGAN:
Things like that.
No names of any
20
subscribers, no names of any parties to recall, just numbers.
21
Even to get access to the numbers, you don't need a FISC order
22
to get access, but there has to be a determination by a
23
designated official under the terms of the FISC orders that you
24
have reasonable articulable suspicion that the number you want
25
to use as a search term is associated with
foreign terrorist
42
1
organizations.
2
Only if that standard is met can you, so to speak, plug
3
that number into the system and see what records, you know, what
4
records there are of contact with that identifier.
5
And --
6
THE COURT:
At that point if that were to happen, you
7
still, the Government still does not have the names associated
8
with those numbers?
9
MR. GILLIGAN:
That's absolutely correct.
Further
10
inquiry would need to be made under whatever lawful authorities
11
are available to the NSA or perhaps the FBI or another member of
12
the intelligence community to find out, you know, who those
13
numbers might belong to and to get further investigative leads.
14
15
16
THE COURT:
So you need a third order from a FISC
Judge?
MR. GILLIGAN:
You would not need another order under
17
the program.
Once, once -- once the Court issues the order
18
allowing the collection, then the Government under the terms of
19
the order is allowed to make queries under the reasonable
20
articulable standard, suspicion standard without getting further
21
authority from the FISC.
22
system of oversight to ensure compliance.
23
THE COURT:
24
MR. GILLIGAN:
25
That said, there is a very intricate
Oversight by whom?
Oversight by -- well, first of all,
there are technological and administrative safeguards.
43
1
THE COURT:
2
MR. GILLIGAN:
3
THE COURT:
4
manpower to oversee anything.
5
You mean NSA.
But not only at NSA.
FISC doesn't have the capacity or the
MR. GILLIGAN:
the Government
But under the terms of the FISC's
6
orders,
must report to the FISC periodically
7
regarding its use of the -- I shorten it and call it the RAS
8
A S standard -- and all compliance incidents must be reported to
9
the FISC.
R
There is oversight by the NSA's Inspector General.
10
There is oversight conducted with the Department of Justice and
11
I believe the Office of the Director of National Intelligence to
12
ensure that all the safeguards in the FISC's orders are being
13
complied with; and if there is any failure to comply, that has
14
been reported to the FISC.
15
That is the origin in fact of the orders cited in Mr.
16
Klayman's briefs.
17
problems,
18
seriously.
19
The Government discovered those compliance
reported them to the FISC.
THE COURT:
The FISC took them very
What, that girlfriend issue where the NSA
20
employee is using his -- misusing I should say -- his authority
21
to check up on his girlfriend?
22
23
MR. GILLIGAN:
Well, those were a different sort of
compliance issue and I hasten to point out
24
THE COURT:
25
MR. GILLIGAN:
--
That's an issue.
I hasten to point out that there were a
44
1
total of 12 such issues over a period spanning a decade and in
2
each case it was determined by the IG as reported in a letter to
3
Senator Grassley that those were unauthorized incidents, mostly
4
involving the information of non U.S. persons and the
5
individuals who committed these infractions were either
6
disciplined or they retired or resigned before being
7
disciplined.
8
THE COURT:
I hope so.
9
MR. GILLIGAN:
So I think what we have there is
10
evidence of an oversight system that works.
11
Honor's original point, no, there is no further FISC order
12
needed to query the database once the data are collected, but
13
there is an interlocking array of oversight mechanisms to ensure
14
compliance.
15
THE COURT:
query.
Coming back to your
How about to get -- let's assume they do
16
the
How about if they want to go to the next step and
17
get the names associated with the phone numbers --
18
MR. GILLIGAN:
19
THE COURT:
20
21
Well, just --
-- do they need an order to get that from
Verizon?
MR. GILLIGAN:
Well, the FBI, for example, if the NSA
22
provided the number to the FBI saying, here, you might find this
23
number to be of interest to such and such investigation, the FBI
24
can issue a national security letter, for example, to Verizon or
25
whoever the carrier might be and say provide us subscriber
45
1
information behind this number.
2
The Government as a result of other investigative and
3
intelligence efforts may already know who a particular number
4
belongs to once it comes back as responsive to a query in the
5
database.
6
THE COURT:
It is possible.
7
MR. GILLIGAN:
8
THE COURT:
9
MR. GILLIGAN:
It is possible.
What if they don't? Do they need an order?
Well, they have other legal procedures
10
that they can follow in order to do that.
11
information is given to the FBI, the FBI could issue a national
12
security letter to the carrier asking for information about the
13
subscriber to that number.
14
line.
15
THE COURT:
16
MR. GILLIGAN:
As I say, if the
But -- so to come back to the bottom
You have about two minutes left.
I have got about two minutes left.
Then
17
I will say again, your Honor, that we believe that based on the
18
showing
19
insufficient demonstration of injuries certainly to show the
20
kind of irreparable harm required for injunctive relief here,
21
and we also submit an insufficient showing especially under the
22
rigorous application of Article III's requirements that Amnesty
23
International says must be applied to a case like this,
24
insufficient evidence to establish their standing.
25
events, the Court lacks jurisdiction to reach the statutory
that the Plaintiffs have made today, there is certainly
In all
46
1
claims that the Plaintiffs have presented.
2
Honor.
3
THE COURT:
4
MR. KLAYMAN:
Thank you, your
Thank you, Mr. Gilligan.
Yes.
Mr. Klayman.
Briefly, your Honor, with regard to
5
what's at issue, the Government has been forced to admit despite
6
a pattern of lying that it is collecting the metadata of 300
7
plus million Americans.
8
9
That's a fact.
It is not in dispute.
Number two, Judge Bates -- and we have cited his order
in our briefs -- has ruled that the monitoring system doesn't
10
work.
11
with obamacare right now.
12
In fact, it is even worse than what's going on
Number three, we have a situation here where if we are
13
to accept what they say is true and the Government now has a
14
history of lying, as your Honor pointed out at the status
15
conference, we have got to go to discovery so let's go to
16
discovery and find out what's going on here.
17
Number four, my clients have in affidavits, in original
18
affidavits, supplemental affidavits set forth a real injury
19
here.
They have had their text messages, myself included messed
20
with.
They have had their computers tampered with susceptible
21
to removing information.
22
the line of fire.
23
group, but I am
24
I have sued the NSA.
25
cryptologist and extremely critical of the
They are in the line of fire.
I am in
Not only am I the head of a public interest
a fierce advocate against this administrative.
Mr. Strange his son was an NSA
NSA and the military
47
1
for what happened to his son and has gone very public.
2
lawsuit for him in that regard.
3
product, other privileges are at stake.
4
I have a
Attorney-client privilege, work
With regard to Smith, your Honor has it right.
Not
5
only is it outmoded, but it severely limited to one little
6
narrow part of data and the order was finite in time, it was
7
only two days, and also it was limited to a criminal
8
investigation.
9
criminal investigation at this time.
10
300 million Americans are not subject to
Who knows in the future
with the way things are going?
11
But the reality is that the IG himself, the NSA's own
12
IG, in that report and we gave you documents are in the record,
13
the report finds 2,700 violations of these statutes since 2012
14
is there, plus 12 violations that we know of people getting into
15
the private affairs of their boyfriends and girlfriends and
16
husbands and wives.
17
anything else.
18
Just think what the potential is for
Your Honor, with regard -- and this was overlooked.
19
one wants to talk about Mr. Snowden here for obvious reasons,
20
but I have a bench brief.
21
Honor.
No
22
23
I would like to provide it to your
Give a copy to Mr. Gilligan.
MR. GILLIGAN:
Reserving again my right to object, your
Honor.
24
MR. KLAYMAN: Of course.
25
THE COURT:
You can reserve it.
48
1
MR. KLAYMAN:
Thank you.
Mr. Snowden made admissions
2
against interest.
3
against interest, he subjected himself to criminal prosecution.
4
He is now a fugitive from justice, has to live in Russia for
5
fear that he might be killed in this country.
6
By making these admissions, these statements
And these allegations set forth -- they are not
7
allegations, they are admissions -- that NSA did have access and
8
does have access on an ongoing basis to the metadata of 300
9
million Americans such that if the NSA wants to coerce and
10
11
intimidate you, even you, a Federal Judge, they can get into it.
Consequently, Snowden's statements come into evidence.
12
The binder has documents where admissions by the Government,
13
they are public documents now, they don't even have the
14
integrity to come forward and authenticate those documents.
15
Heads I win.
16
people are nothing.
17
what we want and we have all the cards and heck with you, you
18
take a hike.
19
Tails you lose.
We are the Government.
You don't matter to us at all.
Like Louis XIV "after me the flood."
You the
We will do
You know what
20
that gave rise to.
That kind of attitude why 90 percent of the
21
people don't trust the Government, don't trust anybody.
22
continues without your intervening, where are we as a nation?
23
And it was Ronald Reagan that said 200 and some years after
24
Thomas Jefferson "that if we lose our freedoms, we can lose them
25
in a generation and we have to preserve them for our kids."
If this
The
49
1
potential for tyranny here which does exist is even greater into
2
the future.
3
And there is not one American that can pick up his
4
phone or send an e-mail message or go on Facebook, youtube or
5
Skype and now not think he is being surveyed, but here we have
6
standing because we set forth concrete information in affidavits
7
of exactly what's going on.
8
it, let them take our depositions.
9
take theirs.
10
If the Government wants to refute
We will be very happy to
I was a Justice Department lawyer.
I had a security
11
clearance.
12
sure and let them sit down and answer questions under oath.
13
them this time answer them truthfully, not lie like they have
14
been continuously lying for the last year.
15
getting emotional because when I listen to this as an American,
16
I am not just embarrassed. I am horrified.
17
Government if this kind of conduct is allowed to continue.
18
I can easily get another security clearance I am
Let
That's why I am
This is not my
So we look to you, your Honor, to look into this, to
19
make the ruling and we can, yes, given the number of violations
20
that have occurred, given the information that we put forward,
21
you can issue a Preliminary Injunction which says you are to
22
obey the strictures of the law with regard to these Plaintiffs.
23
You can set a monitoring mechanism into effect where they have
24
to report to you with reports, sworn declarations that there is
25
monitoring that's going on inside the agency; but, your Honor,
50
1
you are the person that ultimately will be in charge for a
2
finite number of persons, just four Plaintiffs here, to see
3
whether indeed there is compliance.
4
We should have the opportunity to test those reports
5
through whatever discovery you may fashion -- depositions,
6
document requests, whatever.
7
without a bond.
8
obey the law and if we are at the point where you can't enjoin
9
the Government, in this case NSA, from obeying the law, then you
10
might as well white out Section 65 with regard to the Government
11
and we are completely defenseless.
12
We should also be able to proceed
There is no injury here to the Government to
So, your Honor, we are appreciative of your time but we
13
look to you to protect not just Plaintiffs but the American
14
people against the NSA which has frankly been out of control and
15
is creating a situation where the American people feel that
16
their Government is against them and can destroy them and will
17
keep them submissive such that they can't even complain about
18
their grievances and, in that respect, we are in worse shape
19
than we were in 1775.
Thank you, your Honor.
20
THE COURT:
All right.
21
MR. KLAYMAN:
Thank you, Mr.
Klayman.
Let me add one point in that regard.
As
22
we said in the briefs, if the NSA had been in existence and
23
available to King George, the Founding Fathers would have never
24
made it to Philadelphia for the Declaration of Independence.
25
They would have been picked up, arrested and executed.
Thank
51
1
you.
2
THE COURT:
Well, I always thought when they signed
3
that Declaration of Independence, they were signing their own
4
death warrant there, Mr. Klayman.
5
they were.
6
It was pretty well known that
My experience has been, counsel, that in cases of this
7
kind of this novelty and nuance and importance that it is always
8
best to give counsel a week to submit any supplemental briefing
9
they wish.
10
They don't have to, but they are welcome to do it.
My experience was and has been as an advocate and as a
11
Judge that it is invariable that this afternoon or tonight you
12
would say I wish I had said X or Y or Z, and in the heat of the
13
moment I didn't.
14
want to.
15
giving you a chance to supplement the briefing which you have
16
already submitted which is, to say the least, extensive.
17
I
So I will give you all until next week if you
am not doing rounds of briefing here.
I am just
I am particularly, of course, concerned about and
18
interested in the authority of this Court to interject itself.
19
Mr. Gilligan has made his points.
20
that issue and, if on reflection you want to supplement those or
21
you want to put it in more detail, that's up to you.
22
telling you have to.
23
if you wish to.
24
25
You have made your points on
I am not
I am just telling you you are welcome to
On the issue of standing, you have made your points and
he has made his.
If you want to put a little more on that or
52
1
articulate it in a little different way, you are welcome to do
2
that.
3
think those are critical to the resolution of this request for a
4
PI.
5
My principal focus at the moment are those two issues.
I
I think the rest of the briefing on the other issues is
6
pretty much intact in terms of what I need, but on the issue of
7
this Court's authority or lack thereof to inject itself in this
8
situation and on the issue of standing, I think those are the
9
two issues that the Court after having read all the briefs has
10
continued to struggle with to ensure that I get it right.
11
mean I am not kidding myself.
12
here no matter how I rule.
13
It doesn't matter how I rule, it is going to the Court of
14
Appeals and it probably will go to the Supreme Court after that,
15
at least certainly one side or the other.
16
however I rule.
17
I
I know what's going to happen
It is going to the Court of Appeals.
It doesn't matter
This is, at the moment anyway, this is the first
18
hearing of this kind and depending upon how fast Judge Pauley is
19
and how fast I am, this may be the first ruling, but it is going
20
to be one of the first two rulings.
21
going to come out and, frankly, I am not sure how I am going to
22
come out, but I will tell you one thing.
23
know it is going upstairs.
24
25
I don't know how he is
However I come out, I
So I will give you my best shot at it and I will try to
do it expeditiously, but you can have until let's say next
53
1
Tuesday, COB.
That's a little more than a week.
2
you to have to worry about this over Thanksgiving.
3
wouldn't be fair.
4
MR. KLAYMAN:
5
THE COURT:
6
MR. KLAYMAN:
7
THE COURT:
I don't want
That
Can I say one thing, your Honor?
No more arguments.
Okay.
I think I have given you plenty of argument
8
time and I appreciate both sides argument.
They are very
9
helpful to me, but I think at this point, I have heard what I
10
need to hear today.
11
Again, no rounds.
12
supplement, you can supplement but that's it. No replies to the
13
supplements and you have got until the closing business of next
14
Tuesday to get it in if you want to do it.
15
Get whatever else you want to get in.
I am not doing rounds.
If you want to
And try to keep it, counsel, under 20 pages.
I mean
16
really I am not looking for 20, believe me.
17
keep it under ten but I know that some of these issues are novel
18
and you may feel like you need to go a little longer than that
19
and I would rather not have to field a Motion to, you know, get
20
permission to write, but try to keep it limited.
21
overboard.
22
read.
I have got plenty to read.
I was going to say
Don't go
I have had plenty to
23
MR. GILLIGAN:
Thank you.
24
THE COURT:
25
(Whereupon, at 12:55 p.m., the proceedings were
We will stand in recess.
54
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
concluded.)
55
1
CERTIFICATE OF REPORTER
2
3
I, Patty A. Gels, certify that the foregoing is a
4
correct transcript from the record of proceedings in the
5
above-entitled matter.
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
_________________________
1
'
'79 [3] - 38:3, 38:5, 38:8
0
03 [1] - 14:25
1
11:30 [1] - 1:7
12 [3] - 10:14, 44:1, 47:14
12:55 [1] - 53:25
13-851 [1] - 3:2
13-881 [1] - 3:3
1331 [4] - 13:5, 16:23, 31:22
15 [1] - 18:13
17 [1] - 11:2
17's [1] - 22:15
1775 [1] - 50:19
1776 [1] - 19:1
18 [3] - 1:6, 13:5, 31:2
1875 [1] - 1:25
1979 [2] - 40:2, 40:7
2
2,700 [1] - 47:13
2,712 [2] - 10:12, 10:13
20 [4] - 1:21, 15:7, 53:15, 53:16
20/10 [1] - 7:10
200 [1] - 48:23
20001 [2] - 1:21, 2:10
20006 [2] - 1:17, 1:25
20044 [1] - 2:4
2011 [1] - 11:1
2012 [2] - 10:11, 47:13
2013 [2] - 1:6, 8:24
2014 [2] - 9:23, 9:25
202 [1] - 2:10
2020 [1] - 1:17
21 [1] - 5:4
215 [14] - 10:12, 12:18, 17:4, 18:6,
18:21, 28:21, 29:1, 29:8, 29:22, 31:11,
31:19, 32:1, 32:5, 34:10
25 [2] - 8:24, 26:9
2712 [5] - 31:2, 31:6, 31:11, 31:12,
31:14
3
3 [2] - 9:23, 9:25
300 [4] - 19:22, 46:6, 47:8, 48:8
4
4700-A [1] - 2:9
6
6 [2] - 11:1, 18:15
65 [1] - 50:10
65(d)(1)(c [1] - 36:3
7
7 [1] - 18:16
702 [7] - 10:13, 12:18, 17:5, 30:9,
30:12, 35:12, 35:15
7146 [1] - 2:4
9
90 [5] - 18:11, 18:12, 18:15, 18:19,
48:20
90-day [1] - 18:12
962-0200 [1] - 2:10
A
a.m [1] - 1:7
ability [4] - 15:18, 16:9, 22:7, 26:7
able [2] - 23:14, 50:6
above-entitled [1] - 55:5
absence [2] - 24:11, 27:22
absolutely [3] - 30:1, 36:19, 42:9
abuse [1] - 31:16
accept [1] - 46:13
access [10] - 23:9, 23:10, 23:11, 23:12,
40:15, 41:21, 41:22, 48:7, 48:8
accessed [1] - 10:15
account [1] - 41:12
accountant [1] - 23:10
accounts [1] - 9:8
acknowledged [4] - 34:3, 34:8, 34:12,
35:1
ACLU [1] - 16:15
ACLU's [1] - 25:22
acquired [3] - 15:17, 31:9, 35:14
act [1] - 36:9
Act [8] - 10:13, 12:19, 17:5, 21:7,
21:19, 23:18, 27:25
Action [2] - 3:2, 3:3
action [4] - 14:18, 31:6, 31:11, 31:19
activities [1] - 27:12
acts [1] - 12:17
actual [2] - 10:15, 21:10
add [5] - 5:16, 12:2, 13:13, 35:23,
50:21
addition [3] - 5:17, 5:24, 10:11
additional [1] - 5:25
address [2] - 4:16, 24:20
adduced [2] - 33:8, 34:16
adequate [1] - 36:10
administration [3] - 10:22, 10:24, 11:6
administrative [2] - 42:25, 46:23
admissions [7] - 21:24, 23:23, 48:1,
48:2, 48:7, 48:12
admit [2] - 5:2, 46:5
admittedly [1] - 23:23
adversarial [1] - 10:24
advise [1] - 35:10
advisement [1] - 6:19
advocate [2] - 46:23, 51:10
affairs [1] - 47:15
affected [3] - 9:11, 19:22, 24:7
affidavit [4] - 6:7, 6:8, 22:11, 22:13
affidavits [7] - 11:11, 17:17, 22:4,
46:17, 46:18, 49:6
afternoon [1] - 51:11
age [2] - 16:11, 39:19
agency [1] - 49:25
Agency [1] - 2:3
agree [1] - 16:16
ahead [1] - 8:20
aided [1] - 2:12
AL [2] - 1:4, 1:8
al [2] - 3:3, 3:4
allegations [2] - 48:6, 48:7
alleging [1] - 31:15
allow [1] - 31:14
allowed [2] - 42:19, 49:17
allowing [1] - 42:18
allows [4] - 8:25, 17:6, 22:16, 28:23
alluded [2] - 28:21, 30:9
alternative [3] - 20:10, 20:13, 21:6
alternatives [1] - 23:6
amend [2] - 5:11, 5:16
Amended [1] - 6:12
Amendment [12] - 20:2, 24:18, 24:21,
24:24, 25:3, 32:18, 32:19, 32:21, 32:23,
37:24, 39:19
amendments [1] - 24:17
American [12] - 12:23, 16:18, 17:12,
19:6, 20:11, 20:21, 21:1, 23:1, 49:3,
49:15, 50:13, 50:15
Americans [5] - 19:21, 46:7, 47:8, 48:9
Amnesty [2] - 35:7, 45:22
analogies [1] - 8:5
analogy [1] - 14:14
analysts [1] - 40:15
Ann [3] - 2:6, 6:3, 25:19
answer [4] - 11:25, 26:15, 49:12, 49:13
answering [1] - 11:9
anyway [1] - 52:17
APA [3] - 5:13, 5:16, 31:21
appeal [1] - 19:11
Appeals [2] - 52:12, 52:14
APPEARANCES [1] - 1:14
application [1] - 45:22
applied [2] - 21:8, 45:23
applies [2] - 14:14, 30:25
apply [2] - 14:16, 21:19
appointments [1] - 39:2
appreciate [2] - 19:8, 53:8
appreciative [1] - 50:12
approach [2] - 3:4, 4:19
appropriate [1] - 39:18
approval [1] - 30:19
approve [3] - 30:14, 30:17
April [1] - 8:24
2
areas [1] - 25:25
argue [1] - 9:24
argument [12] - 6:16, 7:1, 19:11,
30:24, 31:23, 32:3, 39:25, 40:6, 40:11,
53:7, 53:8
arguments [2] - 28:18, 53:5
array [1] - 44:13
arrested [1] - 50:25
Article [22] - 7:24, 8:1, 11:20, 12:6,
12:19, 13:3, 13:4, 14:9, 15:21, 18:14,
18:18, 21:14, 21:15, 24:11, 27:23,
28:11, 29:6, 29:8, 29:13, 30:7, 32:13,
45:22
articulable [4] - 40:17, 40:22, 41:24,
42:20
articulate [1] - 52:1
ARTRIP [1] - 2:8
assess [2] - 32:8, 36:20
assessment [1] - 30:3
assessments [1] - 29:25
assigned [1] - 10:25
associate [1] - 15:19
associated [6] - 40:19, 40:23, 41:11,
41:25, 42:7, 44:17
associates [1] - 3:10
association [1] - 24:21
associational [2] - 17:16, 24:18
assume [2] - 41:4, 44:15
assumed [1] - 40:11
assuming [6] - 12:4, 12:8, 15:2, 26:13,
36:10
AT&T [1] - 25:14
attempted [1] - 26:22
attempts [1] - 6:14
attention [1] - 31:2
attitude [1] - 48:20
attorney [2] - 24:22, 47:2
Attorney [2] - 30:15, 30:20
attorney-client [2] - 24:22, 47:2
audacity [1] - 17:18
audit [1] - 10:11
August [1] - 11:1
authenticate [3] - 4:22, 5:1, 48:14
authenticity [1] - 5:2
authorities [1] - 42:10
authority [32] - 7:13, 7:15, 7:24, 8:4,
11:24, 12:6, 12:13, 12:16, 13:6, 13:23,
15:25, 17:24, 24:13, 24:15, 25:19,
26:25, 27:2, 27:7, 27:11, 28:1, 28:19,
29:8, 31:10, 32:1, 33:18, 35:14, 36:9,
42:21, 43:20, 51:18, 52:7
available [2] - 42:11, 50:23
avenue [1] - 20:11
Avenue [3] - 1:17, 1:21, 1:25
award [1] - 37:1
awards [1] - 18:24
awful [1] - 38:8
B
Bar [1] - 3:11
Barack [1] - 3:3
BARACK [1] - 1:8
base [1] - 40:23
based [6] - 7:22, 9:5, 21:12, 31:19,
40:22, 45:17
bases [1] - 31:20
basis [6] - 11:21, 22:1, 31:11, 36:10,
36:16, 48:8
bastion [1] - 16:17
Bates [1] - 46:8
bears [2] - 5:25, 6:5
became [1] - 20:15
BEFORE [1] - 1:12
behalf [3] - 4:13, 11:4, 28:2
behest [1] - 29:20
behind [2] - 41:10, 45:1
belong [1] - 42:13
belongs [1] - 45:4
bench [4] - 4:19, 8:12, 8:13, 47:20
BERMAN [1] - 1:19
Berman [1] - 4:7
best [2] - 51:8, 52:24
between [3] - 9:7, 19:19, 21:20
beyond [1] - 41:14
big [2] - 10:21, 10:23
billion [1] - 38:21
bin [1] - 11:4
binder [4] - 4:20, 5:4, 6:25, 48:12
Block [2] - 27:16, 29:18
bond [1] - 50:7
books [1] - 24:20
bottom [1] - 45:13
bounce [1] - 22:22
Box [1] - 2:4
boyfriend [1] - 17:14
boyfriends [2] - 10:17, 47:15
branch [2] - 23:3
breached [1] - 24:23
brief [5] - 8:12, 8:13, 35:25, 47:20
briefing [5] - 7:21, 51:8, 51:14, 51:15,
52:5
briefly [1] - 46:4
briefs [13] - 4:21, 7:20, 9:5, 10:7,
24:17, 25:22, 26:22, 31:5, 34:7, 43:16,
46:9, 50:22, 52:9
broad [2] - 8:25, 9:20
brought [2] - 28:15, 28:24
BRYAN [1] - 1:20
Bryan [1] - 4:7
burden [2] - 35:17, 35:19
burn [1] - 24:5
Business [1] - 34:4
business [4] - 34:8, 34:9, 35:1, 53:13
C
CA13-851 [1] - 1:4
CA13-881 [1] - 1:5
California [6] - 3:11, 3:17, 3:18, 3:19,
3:23, 31:4
cannot [2] - 19:9, 40:15
capacity [2] - 18:20, 43:3
cards [3] - 34:21, 34:24, 48:17
carrier [3] - 34:15, 44:25, 45:12
carriers [1] - 34:13
case [32] - 3:13, 4:24, 7:13, 7:16, 7:18,
9:12, 15:12, 17:8, 21:23, 24:18, 25:5,
25:13, 25:17, 28:17, 32:12, 32:14,
32:16, 33:1, 33:12, 34:5, 34:7, 35:7,
35:8, 35:11, 38:13, 38:18, 39:3, 41:4,
44:2, 45:23, 50:9
cases [4] - 27:16, 39:11, 39:22, 51:6
cash [1] - 11:1
categories [1] - 30:15
caught [1] - 23:24
caused [1] - 19:2
cell [1] - 25:6
center [1] - 16:15
central [1] - 3:18
certainly [8] - 19:22, 24:1, 36:21,
36:25, 38:13, 45:18, 45:19, 52:15
CERTIFICATE [1] - 55:1
certifications [2] - 30:14, 30:17
certify [1] - 55:3
cetera [2] - 9:1, 30:5
challenge [2] - 26:3, 35:11
challenges [3] - 27:24, 28:23, 29:2
challenging [4] - 10:21, 13:7, 21:7,
26:24
Chamber [2] - 14:21, 19:12
chance [3] - 5:22, 7:7, 51:15
changed [3] - 35:24, 38:5, 38:8
charge [1] - 50:1
Charles [2] - 2:6, 6:3
Charlie [1] - 25:18
cheating [1] - 10:18
check [1] - 43:21
choice [1] - 7:11
Circuit [2] - 32:20, 37:23
circumstance [1] - 32:7
circumstances [2] - 22:15, 36:5
cited [6] - 31:5, 34:7, 35:7, 39:23,
43:15, 46:8
citizens [3] - 17:12, 24:5, 24:7
Civil [2] - 3:2, 3:3
claim [5] - 13:17, 13:21, 32:18, 32:19,
34:5
claims [13] - 13:15, 13:20, 27:7, 27:8,
27:10, 27:19, 28:15, 28:19, 31:14,
32:15, 32:16, 36:21, 46:1
Claims [2] - 14:6, 14:12
Clapper [1] - 23:25
class [1] - 24:4
classic [1] - 36:1
classified [1] - 35:20
clear [4] - 12:16, 25:16, 26:23
3
clearance [2] - 49:11
cleared [1] - 35:9
clearer [2] - 5:15, 27:20
clearly [1] - 37:19
Clerk [1] - 8:18
clerks [1] - 7:22
client [4] - 22:3, 24:22, 32:7, 47:2
clients [4] - 6:1, 24:21, 25:18, 46:17
Clinton's [1] - 22:20
closed [1] - 20:7
closing [1] - 53:13
COB [1] - 53:1
coerce [1] - 48:9
collateral [1] - 16:8
colleagues [2] - 22:5, 22:10
collected [5] - 33:4, 34:17, 37:12,
37:15, 44:12
collecting [1] - 46:6
collection [5] - 9:1, 18:7, 20:3, 35:12,
42:18
colonialists [1] - 19:2
COLUMBIA [1] - 1:2
combined [1] - 13:12
combining [1] - 11:9
coming [1] - 44:10
committed [2] - 38:16, 44:5
committee [2] - 32:20, 37:23
committing [3] - 21:22, 38:15, 38:17
communications [10] - 6:6, 30:13,
33:3, 33:4, 33:7, 33:9, 34:15, 35:11,
37:16, 40:14
Communications [1] - 1:23
Community [1] - 27:16
community [2] - 29:18, 42:12
comparison [2] - 38:19
complain [1] - 50:17
complaint [2] - 5:11, 5:12
Complaints [1] - 6:12
complaints [2] - 5:11, 5:16
completely [1] - 50:11
compliance [6] - 42:22, 43:8, 43:16,
43:23, 44:14, 50:3
complied [1] - 43:13
comply [1] - 43:13
computer [5] - 2:12, 6:8, 6:9, 22:17,
38:7
computer-aided [1] - 2:12
computers [3] - 6:6, 38:25, 46:20
concede [1] - 9:4
concern [1] - 38:14
concerned [1] - 51:17
concerns [1] - 38:23
concluded [1] - 54:1
concrete [2] - 36:25, 49:6
concurrence [2] - 39:10, 39:15
concurrences [2] - 39:9
concurring [1] - 40:1
conduct [1] - 49:17
conducted [2] - 32:21, 43:10
conference [2] - 8:10, 46:15
confines [1] - 15:12
confirm [1] - 9:15
confirmed [1] - 17:22
Congress [17] - 8:1, 11:5, 11:17,
11:19, 12:15, 13:2, 16:22, 16:23, 18:6,
18:18, 20:7, 21:25, 24:2, 24:6, 27:20,
28:14, 31:14
Congress' [1] - 12:17
Congressional [2] - 11:5, 29:4
connection [2] - 19:25, 23:21
consequence [2] - 32:1, 32:6
consequently [2] - 13:2, 48:11
conservative [1] - 16:15
conservatives [1] - 23:2
consideration [1] - 29:20
considered [1] - 25:25
consistent [6] - 15:22, 18:5, 18:21,
29:7
consistently [2] - 18:18, 38:1
constant [1] - 25:11
Constitution [7] - 13:4, 16:23, 18:5,
18:21, 24:13, 24:16, 28:7
Constitutional [1] - 32:9
constitutional [20] - 8:5, 13:6, 13:18,
13:22, 15:22, 16:6, 16:24, 23:18, 27:7,
27:8, 27:18, 27:24, 28:13, 28:15, 32:1,
32:6, 32:15, 32:16, 37:4, 37:9
constitutionality [1] - 13:4
construct [1] - 38:25
contact [1] - 42:4
contained [1] - 33:4
contend [1] - 31:24
contending [1] - 33:13
content [2] - 37:20, 40:9
contested [1] - 32:14
continue [1] - 49:17
continued [1] - 52:10
continues [1] - 48:22
continuously [1] - 49:14
contravene [4] - 17:3, 18:2, 25:17,
25:20
control [1] - 50:14
controlling [2] - 39:8, 39:24
conversations [1] - 10:16
Coppalino [1] - 4:8
copy [6] - 5:19, 6:10, 8:18, 8:20, 47:21
correct [7] - 12:4, 17:19, 29:11, 29:17,
30:8, 42:9, 55:4
correctly [2] - 26:14, 29:9
corruption [1] - 20:16
counsel [10] - 3:4, 3:11, 3:13, 3:14,
3:15, 4:7, 6:1, 51:6, 51:8, 53:15
countermanding [2] - 18:8, 24:8
country [5] - 17:11, 23:5, 23:13, 25:8,
48:5
couple [1] - 35:23
courage [1] - 23:1
course [7] - 9:9, 18:12, 30:4, 36:9,
39:7, 47:24, 51:17
court [1] - 18:7
COURT [111] - 1:1, 3:9, 3:13, 3:16,
3:20, 3:22, 3:24, 4:1, 4:4, 4:10, 4:14,
4:18, 5:6, 5:9, 5:21, 6:2, 6:4, 6:11, 6:17,
6:23, 7:2, 7:5, 8:8, 8:11, 8:14, 8:17,
8:19, 9:4, 9:7, 9:13, 11:12, 11:14,
11:16, 11:25, 12:3, 13:8, 13:10, 13:14,
14:4, 14:15, 15:1, 15:5, 15:8, 15:20,
18:3, 18:10, 19:13, 19:17, 21:2, 21:11,
21:13, 22:1, 22:9, 24:10, 26:3, 26:9,
26:13, 26:17, 26:19, 27:22, 28:4, 28:7,
28:10, 29:6, 29:13, 29:24, 30:2, 31:23,
33:12, 33:24, 34:20, 35:5, 35:13, 35:22,
36:6, 36:15, 37:3, 37:8, 37:13, 37:17,
38:3, 38:5, 38:7, 38:10, 38:13, 39:6,
39:12, 39:16, 41:7, 41:10, 41:18, 42:6,
42:14, 42:23, 43:1, 43:3, 43:19, 43:24,
44:8, 44:15, 44:19, 45:6, 45:8, 45:15,
46:3, 47:25, 50:20, 51:2, 53:5, 53:7,
53:24
Court [99] - 2:8, 2:9, 3:18, 3:23, 4:17,
7:13, 7:15, 7:17, 7:24, 7:25, 8:1, 8:3,
8:4, 9:25, 10:3, 10:8, 10:9, 11:18,
11:19, 12:6, 12:7, 13:3, 13:15, 13:16,
13:19, 13:20, 14:3, 14:5, 14:6, 14:9,
14:11, 14:12, 14:18, 14:20, 14:23,
15:21, 16:1, 16:21, 16:22, 17:22, 17:23,
18:2, 18:8, 18:14, 19:10, 20:20, 21:5,
24:13, 24:19, 25:5, 25:15, 27:2, 27:5,
27:7, 27:15, 27:19, 27:23, 27:25, 28:12,
28:16, 29:3, 29:8, 29:10, 29:14, 29:15,
29:16, 29:18, 30:6, 30:24, 31:13, 31:20,
32:8, 32:14, 33:18, 35:15, 36:1, 36:4,
36:7, 36:9, 36:15, 36:18, 36:19, 37:2,
38:11, 38:13, 38:23, 42:17, 45:25,
51:18, 52:9, 52:12, 52:13, 52:14
Court's [5] - 5:19, 15:25, 27:14, 34:6,
52:7
Courthouse [1] - 2:9
COURTROOM [1] - 3:2
courts [6] - 3:16, 11:20, 17:22, 21:3,
23:25, 38:1
Courts [10] - 3:22, 12:19, 12:22, 13:5,
20:15, 21:15, 24:11, 27:23, 30:7, 35:10
creates [1] - 31:6
creating [2] - 11:17, 50:15
crime [2] - 19:25, 21:22
crimes [3] - 38:15, 38:16, 38:17
criminal [4] - 25:2, 47:7, 47:9, 48:3
critical [2] - 46:25, 52:3
criticized [1] - 18:24
crossing [2] - 27:14, 40:1
cry [1] - 38:24
cryptologist [2] - 10:25, 46:25
culpable [1] - 11:7
customer [1] - 9:2
customers [4] - 33:13, 33:14, 34:1,
34:5
cut [1] - 20:8
4
Cutler [1] - 1:24
D
D.C [4] - 2:10, 14:9, 32:20, 37:23
damages [2] - 31:7, 31:17
data [8] - 33:13, 33:14, 37:10, 37:20,
38:25, 40:9, 44:12, 47:6
database [7] - 40:16, 40:18, 40:21,
41:2, 41:15, 44:12, 45:5
date [2] - 37:22, 41:17
David [1] - 6:8
days [5] - 18:11, 18:12, 18:15, 18:19,
47:7
DC [4] - 1:17, 1:21, 1:25, 2:4
dead [1] - 22:12
deal [2] - 15:19, 27:23
dealing [2] - 22:15, 25:13
DEARINGER [1] - 1:20
Dearinger [1] - 4:7
death [2] - 16:14, 51:4
deaths [1] - 11:7
decade [1] - 44:1
decide [2] - 4:24, 12:13
deciding [1] - 12:12
decision [15] - 12:14, 13:23, 13:24,
21:16, 21:18, 25:23, 27:15, 29:7, 29:8,
30:5, 31:3, 31:4, 31:24, 31:25, 34:6
decisions [10] - 7:25, 11:21, 12:7,
19:9, 20:20, 21:13, 21:18, 24:12
Declaration [2] - 50:24, 51:3
declarations [2] - 40:25, 49:24
Defendant [2] - 1:23, 2:2
Defendants [5] - 1:9, 1:18, 4:6, 4:13,
12:25
defenseless [1] - 50:11
definite [1] - 20:1
deliberate [1] - 23:17
demonstrate [2] - 33:8, 34:23
demonstrated [3] - 7:14, 7:16, 28:3
demonstration [1] - 45:19
denial [1] - 14:11
deny [1] - 5:2
Department [7] - 1:20, 2:3, 4:6, 4:22,
26:19, 43:10, 49:10
depositions [2] - 49:8, 50:5
DEPUTY [1] - 3:2
description [1] - 29:22
designated [1] - 41:23
designed [2] - 15:10, 18:18
despite [1] - 46:5
destroy [2] - 22:8, 50:16
detail [3] - 11:10, 37:24, 51:21
detailed [1] - 28:22
details [2] - 35:20, 40:6
deter [1] - 32:22
determination [1] - 41:22
determine [2] - 15:18, 33:19
determined [2] - 34:20, 44:2
devised [2] - 11:17
different [5] - 5:11, 9:7, 26:7, 43:22,
52:1
digital [1] - 39:19
directed [1] - 34:4
directives [1] - 30:20
directly [2] - 11:12, 11:14
director [2] - 21:24, 43:11
disciplined [2] - 44:6, 44:7
disclosed [3] - 34:3, 34:9, 39:20
disclosure [1] - 31:9
discovered [1] - 43:16
discovery [3] - 46:15, 46:16, 50:5
discussed [1] - 31:3
discussion [1] - 36:10
disk [1] - 22:14
dispel [1] - 24:3
disposal [1] - 38:20
dispose [1] - 36:19
disprove [1] - 35:19
dispute [2] - 9:14, 46:7
disrespect [1] - 18:22
dissenters [2] - 39:25, 40:2
distinction [4] - 9:7, 13:25, 27:13, 34:2
District [9] - 3:19, 13:5, 14:9, 27:4,
28:16, 29:3, 30:24, 31:4, 31:13
DISTRICT [3] - 1:1, 1:2, 1:12
diverted [1] - 25:9
Docket [1] - 1:4
doctor [2] - 17:15, 17:16
doctrine [3] - 39:18, 39:19, 39:22
document [1] - 50:6
documentation [2] - 37:5, 37:6
documented [2] - 10:8, 23:25
documents [8] - 4:20, 4:23, 5:2, 5:3,
47:12, 48:12, 48:13, 48:14
Doe [3] - 27:15, 27:19, 28:12
domestic [1] - 23:19
done [6] - 10:5, 10:11, 19:11, 20:4,
20:5, 22:2
door [1] - 20:7
Dorr [1] - 1:24
doubt [4] - 11:16, 11:22, 11:23, 12:1
down [4] - 11:1, 14:24, 22:16, 49:12
draw [1] - 31:1
due [3] - 12:22, 14:14, 16:20
duration [1] - 41:18
during [1] - 22:19
E
e-mail [3] - 5:1, 23:12, 49:4
e-mails [2] - 22:12, 23:19
Eagan [1] - 30:5
easily [1] - 49:11
echoed [1] - 38:23
Ed [2] - 17:17, 23:11
effect [6] - 9:23, 15:9, 16:8, 16:10,
23:7, 49:23
effectively [3] - 15:25, 16:25, 18:8
efforts [1] - 45:3
either [5] - 5:12, 11:8, 14:10, 22:2,
44:5
Elizabeth [1] - 4:9
embarrassed [1] - 49:16
emotional [1] - 49:15
emphasize [2] - 8:21, 25:12
employ [1] - 4:24
employee [1] - 43:20
employees [2] - 10:19, 10:21
enable [1] - 7:17
enacted [1] - 18:6
end [1] - 6:18
ended [2] - 20:1, 20:2
engage [2] - 26:25, 27:11
enjoin [4] - 17:25, 18:1, 23:16, 50:8
enslaved [1] - 19:9
ensure [4] - 42:22, 43:12, 44:13, 52:10
enter [1] - 17:4
entering [1] - 24:8
entire [2] - 12:18, 26:6
entities [1] - 34:8
entitled [2] - 16:8, 55:5
equitable [1] - 37:1
erroneous [4] - 32:4, 32:5, 32:10
especially [1] - 45:21
essence [1] - 15:23
essentially [2] - 7:6, 34:24
establish [1] - 45:24
established [1] - 35:5
establishing [2] - 35:18
estoppel [1] - 16:8
et [4] - 3:3, 3:4, 9:1, 30:5
ET [2] - 1:4, 1:8
evaluate [1] - 32:9
evaluating [4] - 7:18, 7:25, 12:10, 21:3
evening [2] - 5:15, 6:16
events [1] - 45:25
evidence [6] - 6:15, 34:14, 41:3, 44:10,
45:24, 48:11
ex [2] - 10:4, 10:5
exactly [3] - 9:20, 30:11, 49:7
example [3] - 13:10, 44:21, 44:24
exclude [2] - 12:19, 24:6
exclusively [1] - 30:6
executed [1] - 50:25
exercise [2] - 16:20, 17:7
exist [2] - 23:17, 49:1
existence [1] - 50:22
expectation [5] - 37:19, 38:2, 39:21,
40:9, 40:12
expeditiously [1] - 52:25
experience [2] - 51:6, 51:10
expert [3] - 6:8, 17:17, 17:20
explained [1] - 27:19
explicitly [1] - 16:23
expose [1] - 40:5
expressed [2] - 32:19, 39:11
expression [1] - 27:20
extensive [1] - 51:16
5
extent [1] - 26:24
Extortion [1] - 22:15
extortion [1] - 11:2
extraordinary [1] - 39:2
extreme [1] - 19:4
extremely [1] - 46:25
eyes [1] - 41:3
F
face [1] - 13:21
Facebook [1] - 49:4
fact [9] - 9:15, 15:17, 16:23, 17:6,
20:10, 33:2, 43:15, 46:7, 46:10
facts [5] - 17:16, 20:4, 21:12, 33:8,
35:17
failure [1] - 43:13
fair [2] - 38:18, 53:3
faith [1] - 32:20
Falah [2] - 2:6, 3:21
far [3] - 23:6, 27:9, 38:24
fashion [1] - 50:5
fast [2] - 52:18, 52:19
Fathers [1] - 50:23
FBI [8] - 18:20, 29:7, 42:11, 44:21,
44:22, 44:23, 45:11
fear [3] - 16:13, 23:8, 48:5
Federal [3] - 15:21, 28:16, 48:10
Felton's [1] - 17:17
Ferrari [1] - 13:1
few [2] - 15:3, 25:9
field [1] - 53:19
fierce [1] - 46:23
fifth [1] - 24:17
Fifth [1] - 24:24
fight [1] - 20:16
fighting [1] - 22:20
file [3] - 6:7, 6:9, 6:18
filed [6] - 5:10, 5:15, 6:7, 7:23, 8:22,
11:4
findings [1] - 21:17
fine [2] - 5:21, 8:17
finite [2] - 47:6, 50:2
fire [2] - 46:21, 46:22
first [12] - 7:12, 7:19, 11:13, 12:12,
12:13, 24:16, 28:20, 33:12, 42:24,
52:17, 52:19, 52:20
First [5] - 24:18, 24:21, 32:18, 32:22,
32:23
FISA [16] - 10:3, 10:8, 11:17, 11:22,
12:7, 14:20, 14:23, 16:1, 17:23, 18:14,
27:3, 28:23, 31:8, 31:10, 31:16, 33:18
FISC [27] - 15:10, 15:11, 24:12, 28:25,
29:6, 29:8, 30:2, 30:10, 30:14, 30:16,
30:17, 30:19, 30:22, 31:24, 31:25, 32:4,
41:21, 41:23, 42:14, 42:21, 43:3, 43:6,
43:9, 43:14, 43:17, 44:11
FISC's [3] - 41:1, 43:5, 43:12
fits [1] - 29:22
five [2] - 26:10, 26:11
fix [1] - 13:25
flaws [3] - 33:23, 33:24, 33:25
flood [1] - 48:19
flow [1] - 20:21
focus [5] - 7:6, 7:12, 7:18, 33:12, 52:2
follow [5] - 17:2, 18:1, 23:16, 23:18,
45:10
following [3] - 17:4, 22:21, 36:14
footnote [1] - 35:16
FOR [1] - 1:2
force [1] - 16:10
forced [2] - 21:24, 46:5
foreclosed [1] - 32:19
forecloses [1] - 32:18
foregoing [1] - 55:3
foreign [5] - 23:21, 30:16, 40:20,
40:23, 41:25
forget [1] - 4:10
form [4] - 8:2, 11:20, 31:10, 36:4
Fort [1] - 33:15
forth [9] - 5:17, 11:10, 22:11, 28:22,
35:17, 40:25, 46:18, 48:6, 49:6
fortiori [1] - 36:22
forward [4] - 7:17, 10:7, 48:14, 49:20
founded [1] - 18:23
Founding [1] - 50:23
four [3] - 35:16, 46:17, 50:2
fourth [1] - 24:16
Fourth [6] - 20:2, 25:3, 32:18, 32:21,
37:24, 39:19
fraction [1] - 41:2
framework [9] - 8:2, 15:9, 18:6, 18:17,
19:13, 21:2, 21:14, 21:15, 29:14
frankly [6] - 7:19, 8:6, 21:25, 23:25,
50:14, 52:21
free [1] - 25:16
Freedom [1] - 16:15
freedoms [2] - 32:23, 48:24
frightened [1] - 16:14
front [1] - 11:5
fugitive [1] - 48:4
future [3] - 20:3, 47:9, 49:2
G
Gale [1] - 20:23
Garrison [1] - 13:1
gathered [1] - 21:21
gathering [3] - 27:1, 27:12, 35:20
GELS [1] - 2:8
Gels [1] - 55:3
General [4] - 10:14, 30:15, 30:21, 43:9
generation [1] - 48:25
genuinely [1] - 25:9
George [2] - 18:25, 50:23
GILLIGAN [56] - 1:18, 4:5, 4:11, 6:12,
6:20, 8:15, 26:15, 26:18, 26:21, 28:2,
28:5, 28:9, 28:12, 29:11, 29:17, 30:1,
30:8, 32:11, 33:22, 33:25, 35:4, 35:6,
35:14, 35:23, 36:13, 36:18, 37:6, 37:11,
37:14, 37:18, 38:4, 38:6, 38:9, 38:12,
39:4, 39:7, 39:14, 39:17, 41:9, 41:14,
41:19, 42:9, 42:16, 42:24, 43:2, 43:5,
43:22, 43:25, 44:9, 44:18, 44:21, 45:7,
45:9, 45:16, 47:22, 53:23
Gilligan [14] - 4:4, 4:5, 4:25, 6:11,
8:14, 12:1, 12:3, 15:6, 22:19, 26:13,
31:23, 46:3, 47:21, 51:19
girlfriend [4] - 17:15, 43:19, 43:21
girlfriends [2] - 10:17, 47:15
given [6] - 22:14, 29:8, 45:11, 49:19,
49:20, 53:7
gleaned [1] - 40:13
glossing [1] - 34:1
Google [1] - 25:14
Government [52] - 4:6, 5:21, 6:5, 7:9,
9:4, 10:9, 12:22, 14:24, 15:1, 15:2,
16:13, 17:1, 17:18, 17:21, 17:25, 20:16,
21:21, 22:17, 22:23, 24:25, 25:7, 26:25,
27:10, 28:18, 31:7, 33:5, 33:15, 33:17,
34:3, 34:12, 34:21, 34:24, 34:25, 35:9,
38:16, 42:7, 42:18, 43:6, 43:16, 45:2,
46:5, 46:13, 48:12, 48:15, 48:21, 49:7,
49:17, 50:7, 50:9, 50:10, 50:16
Government's [7] - 5:23, 12:5, 15:8,
30:18, 35:19, 36:6, 37:3
GPS [1] - 38:10
Grassley [1] - 44:3
grave [1] - 38:14
great [1] - 26:1
greater [1] - 49:1
grievances [1] - 50:18
grounds [1] - 36:8
group [2] - 18:23, 46:23
guard [1] - 23:4
guess [2] - 12:6, 21:16
guessing [1] - 24:12
guys [1] - 20:24
H
habits [1] - 39:1
Hale [1] - 1:24
half [3] - 7:7, 7:9, 7:10
handle [1] - 7:13
hands [1] - 20:14
happy [1] - 49:8
hard [1] - 5:19
harm [3] - 36:12, 36:23, 45:20
harvested [1] - 33:14
hasten [2] - 43:23, 43:25
head [1] - 46:22
heads [1] - 48:15
hear [2] - 7:15, 53:10
heard [3] - 19:8, 28:25, 53:9
hearing [1] - 52:18
HEARING [1] - 1:11
heat [1] - 51:12
heck [3] - 7:23, 24:5, 48:17
held [8] - 27:15, 31:13, 37:5, 37:7,
6
37:9, 37:23, 38:1, 40:8
help [1] - 26:1
helpful [2] - 8:6, 53:9
hike [1] - 48:18
himself [3] - 4:11, 47:11, 48:3
history [4] - 10:7, 17:10, 17:21, 46:14
hold [4] - 4:1, 5:6, 11:25, 17:1
holder [1] - 13:19
holding [1] - 14:8
holds [4] - 34:21, 34:24, 35:21, 37:18
home [2] - 22:21, 40:3
Honor [63] - 3:2, 3:7, 4:5, 4:12, 4:16,
4:23, 5:5, 5:18, 6:10, 6:13, 6:20, 6:22,
7:3, 8:7, 8:16, 8:25, 10:1, 10:22, 14:13,
16:17, 17:24, 18:22, 22:18, 24:3, 24:16,
26:11, 26:16, 26:18, 26:21, 27:14,
28:13, 28:21, 28:22, 29:3, 29:12, 29:17,
30:8, 30:11, 31:7, 32:11, 35:4, 35:23,
36:13, 37:12, 38:4, 38:9, 39:4, 39:17,
40:10, 41:15, 45:17, 46:2, 46:4, 46:14,
47:4, 47:18, 47:21, 47:23, 49:18, 49:25,
50:12, 50:19, 53:4
honor [1] - 18:23
Honor's [2] - 31:1, 44:11
HONORABLE [1] - 1:12
hope [2] - 26:23, 44:8
horrified [1] - 49:16
hour [4] - 7:7, 7:9, 7:10, 38:22
human [1] - 41:3
hundreds [2] - 19:20, 38:20
husbands [2] - 10:17, 47:16
Hussein [1] - 3:4
HUSSEIN [1] - 1:8
hypothetical [3] - 13:11, 13:14, 32:12
hypothetically [1] - 37:15
I
idealist [1] - 20:16
identifier [1] - 42:4
identifiers [1] - 40:18
identify [2] - 3:5, 30:15
identities [2] - 34:12, 40:4
IG [3] - 44:2, 47:11, 47:12
III [21] - 7:25, 8:1, 11:20, 12:6, 12:19,
13:3, 13:5, 14:9, 15:21, 18:14, 18:18,
21:14, 21:15, 24:11, 27:23, 28:11, 29:6,
29:9, 29:13, 30:7, 32:13
III's [1] - 45:22
illegally [1] - 24:7
immediate [1] - 37:1
immediately [1] - 10:1
imminence [1] - 36:11
imminent [1] - 36:25
impacts [1] - 16:19
implicit [1] - 5:12
implicitly [1] - 27:17
importance [1] - 51:7
important [3] - 20:25, 23:4, 34:1
imposed [1] - 41:1
impression [1] - 24:3
improper [2] - 31:15, 36:4
Inc [2] - 34:4, 35:2
incidents [2] - 43:8, 44:3
include [2] - 31:11, 31:19
included [1] - 46:19
includes [1] - 29:24
including [2] - 31:21, 40:25
inconceivable [1] - 22:18
incorrectly [1] - 12:5
incredibly [1] - 8:25
incrimination [2] - 24:25, 25:2
indeed [1] - 50:3
Independence [2] - 50:24, 51:3
independently [1] - 15:13
individual [4] - 12:20, 14:1, 14:17,
21:20
individual's [1] - 39:1
individuals [6] - 10:15, 11:7, 30:15,
32:2, 38:15, 44:5
inexplicable [1] - 22:12
infected [1] - 22:16
information [21] - 5:25, 10:6, 10:16,
21:21, 30:21, 31:9, 31:16, 33:3, 33:20,
37:8, 37:20, 37:22, 39:20, 40:13, 44:4,
45:1, 45:11, 45:12, 46:21, 49:6, 49:20
infractions [1] - 44:5
inject [2] - 32:8, 52:7
Injunction [7] - 5:18, 12:12, 16:25,
17:4, 23:15, 36:16, 49:21
injunction [3] - 19:16, 36:2, 36:7
INJUNCTION [1] - 1:11
injunctive [3] - 31:12, 31:18, 45:20
injuries [2] - 35:18, 45:19
injury [3] - 36:25, 46:18, 50:7
inquiry [2] - 11:5, 42:10
inside [1] - 49:25
insists [1] - 27:20
inspected [1] - 6:9
Inspector [2] - 10:14, 43:9
instances [1] - 10:15
Institute [2] - 27:17, 29:18
insufficient [3] - 45:19, 45:21, 45:24
intact [1] - 52:6
integrity [2] - 22:25, 48:14
intelligence [8] - 27:1, 27:11, 30:16,
31:9, 35:20, 42:12, 43:11, 45:3
intended [3] - 11:20, 12:21, 20:8
intent [3] - 29:4, 31:14, 32:22
interest [6] - 10:23, 37:4, 44:23, 46:22,
48:2, 48:3
interested [1] - 51:18
interestingly [1] - 9:17
interests [3] - 10:21, 37:9, 38:14
interject [1] - 51:18
interlocking [1] - 44:13
International [2] - 35:7, 45:23
interpretation [1] - 32:4
interpreting [1] - 31:25
intervene [3] - 14:2, 14:18, 14:19
intervening [1] - 48:22
interview [1] - 23:11
intimate [1] - 40:5
intimidate [1] - 48:10
intricate [1] - 42:21
introduce [2] - 4:11, 6:15
introducing [1] - 4:1
intruding [1] - 6:5
invariable [1] - 51:11
investigation [9] - 19:19, 19:20, 19:23,
21:10, 32:21, 33:20, 44:23, 47:8, 47:9
investigative [2] - 42:13, 45:2
involve [1] - 7:25
involved [1] - 21:3
involves [3] - 30:12, 30:19, 33:6
involving [1] - 44:4
irreparable [2] - 36:23, 45:20
IRS [2] - 14:2, 14:4
issue [30] - 7:20, 7:22, 8:23, 13:16,
14:10, 16:14, 18:7, 22:5, 23:22, 27:1,
27:3, 27:8, 28:6, 28:17, 30:11, 31:2,
33:1, 33:5, 36:4, 43:19, 43:23, 43:24,
44:24, 45:11, 46:5, 49:21, 51:20, 51:24,
52:6, 52:8
issued [6] - 18:4, 18:14, 25:15, 30:21,
38:11
issues [14] - 11:6, 12:20, 13:3, 16:6,
16:24, 23:18, 28:14, 29:20, 42:17, 44:1,
52:2, 52:5, 52:9, 53:17
itself [6] - 7:25, 21:4, 28:21, 32:8,
51:18, 52:7
J
JAMES [2] - 1:18, 2:3
James [1] - 4:5
January [2] - 9:23, 9:25
Jefferson [2] - 16:12, 48:24
Jewel [2] - 31:3, 31:13
job [1] - 18:24
joining [1] - 4:8
Jones [5] - 39:13, 39:14, 39:15, 39:16,
40:1
Judge [40] - 7:20, 8:23, 9:18, 10:6,
13:15, 13:16, 13:19, 13:20, 15:21, 16:7,
16:18, 17:3, 18:3, 20:19, 21:14, 25:23,
26:1, 26:5, 29:6, 29:9, 30:2, 30:4, 30:5,
31:24, 31:25, 32:4, 34:2, 34:9, 35:1,
42:15, 46:8, 48:10, 51:11, 52:18
judge [1] - 10:22
JUDGE [1] - 1:12
judges [10] - 17:22, 18:14, 18:22,
18:23, 18:24, 18:25, 19:1, 19:10, 21:16,
24:13
Judges [1] - 18:18
judgment [1] - 6:13
judicata [1] - 16:8
judicial [3] - 23:3, 28:22, 29:20
Judicial [2] - 18:23, 22:20
7
jurisdiction [11] - 8:3, 14:10, 27:2,
28:16, 31:21, 31:22, 32:15, 36:8, 36:11,
36:20, 45:25
jurisdictional [3] - 11:21, 12:11, 13:23
justice [1] - 48:4
Justice [9] - 1:20, 2:3, 4:6, 4:22, 26:19,
39:10, 39:15, 43:10, 49:10
Justices [1] - 40:1
K
Katz [1] - 25:5
keep [4] - 50:17, 53:15, 53:17, 53:20
key [1] - 12:17
kidding [1] - 52:11
kids [1] - 48:25
killed [1] - 48:5
kind [14] - 7:18, 9:11, 11:9, 17:11,
19:19, 25:6, 36:25, 37:24, 41:6, 45:20,
48:20, 49:17, 51:7, 52:18
King [2] - 18:25, 50:23
KLAYMAN [61] - 1:4, 1:16, 3:7, 3:10,
3:14, 3:17, 3:21, 3:23, 3:25, 4:3, 4:16,
4:19, 5:8, 5:10, 5:24, 6:3, 6:5, 6:21,
6:24, 6:25, 7:3, 8:7, 8:9, 8:12, 8:18,
8:21, 9:6, 9:9, 9:14, 11:13, 11:15,
11:23, 12:2, 12:17, 13:9, 13:12, 13:25,
14:13, 14:16, 15:4, 15:6, 15:11, 16:3,
18:9, 18:22, 19:15, 19:18, 21:7, 21:12,
21:18, 22:4, 22:10, 24:15, 26:4, 26:11,
46:4, 47:24, 48:1, 50:21, 53:4, 53:6
Klayman [13] - 1:16, 3:3, 3:7, 4:15,
7:19, 12:14, 13:15, 22:7, 24:10, 30:9,
46:3, 50:20, 51:4
Klayman's [1] - 43:16
known [1] - 51:4
knows [4] - 8:25, 14:20, 22:19, 47:9
L
lack [2] - 14:23, 52:7
lacks [6] - 27:2, 27:7, 27:10, 28:19,
31:20, 45:25
Ladin [1] - 11:4
laid [1] - 24:17
Lamberth [1] - 20:19
LARRY [2] - 1:4, 1:16
Larry [3] - 1:16, 3:3, 3:7
last [9] - 6:14, 6:15, 16:17, 18:15, 23:4,
23:5, 25:9, 49:14
lasts [1] - 18:12
latest [1] - 22:13
law [11] - 17:1, 17:2, 17:5, 18:1, 24:4,
26:2, 36:2, 39:7, 49:22, 50:8, 50:9
Law [1] - 1:16
lawful [2] - 18:5, 42:10
laws [1] - 23:17
lawsuit [4] - 8:22, 16:3, 30:10, 47:2
lawsuits [2] - 8:22, 11:4
lawyer [4] - 20:15, 23:10, 26:18, 49:10
leads [1] - 42:13
learned [1] - 5:25
least [6] - 18:13, 23:14, 26:5, 32:14,
51:16, 52:15
Leave [2] - 5:16, 6:7
leave [2] - 6:9, 6:23
lectern [1] - 3:5
left [3] - 16:14, 45:15, 45:16
legal [1] - 45:9
legislation [1] - 20:9
length [1] - 31:3
lengthy [1] - 18:19
LEON [1] - 1:12
lesser [1] - 23:3
letter [4] - 17:1, 44:2, 44:24, 45:12
level [2] - 10:19, 10:20
liberal [1] - 16:15
lie [1] - 49:13
lied [2] - 21:25, 24:2
life [2] - 39:1, 40:6
likelihood [1] - 36:20
likely [2] - 32:16, 36:12
limitation [2] - 7:4, 41:1
limited [5] - 27:10, 39:3, 47:5, 47:7,
53:20
line [4] - 36:24, 45:14, 46:21, 46:22
lines [1] - 41:17
list [1] - 40:3
listen [2] - 8:19, 49:15
listened [1] - 17:14
listens [1] - 25:1
litigants [1] - 12:20
litigating [1] - 15:6
litigation [2] - 14:5
live [6] - 12:21, 17:12, 23:7, 23:13,
25:8, 48:4
LLP [1] - 1:24
located [2] - 30:13, 33:7
look [9] - 11:12, 11:13, 14:22, 18:10,
25:22, 38:10, 49:18, 50:13
looking [1] - 53:16
lose [3] - 48:15, 48:24
Louis [1] - 48:19
lower [1] - 10:19
lying [7] - 10:8, 10:9, 17:21, 23:24,
46:6, 46:14, 49:14
M
machine [1] - 2:12
mail [3] - 5:1, 23:12, 49:4
mails [2] - 22:12, 23:19
main [1] - 25:16
majority [2] - 39:9, 40:8
manpower [1] - 43:4
Marcia [1] - 4:7
MARCIA [1] - 1:19
Mary [2] - 2:6, 25:19
Maryland [2] - 37:18, 38:24
Massachusetts [1] - 1:21
Matt [1] - 13:1
matter [8] - 5:10, 6:16, 26:23, 48:16,
52:12, 52:13, 52:15, 55:5
matters [5] - 4:17, 6:22, 13:6, 20:14,
38:21
McLaughlin [5] - 9:18, 18:4, 26:2,
26:6, 30:4
Meade [1] - 33:15
mean [6] - 34:20, 36:22, 39:12, 43:1,
52:11, 53:15
meant [1] - 39:12
mechanism [2] - 29:19, 49:23
mechanisms [1] - 44:13
media [1] - 23:20
meet [2] - 32:12, 36:2
member [1] - 42:11
members [3] - 3:11, 3:16, 20:22
merits [4] - 32:17, 32:25, 36:12, 36:21
message [1] - 49:4
messages [4] - 22:6, 22:9, 22:11,
46:19
messed [1] - 46:19
messing [1] - 22:6
met [1] - 42:2
metadata [13] - 9:1, 10:10, 15:16,
17:17, 34:10, 37:8, 37:12, 37:15, 40:13,
40:14, 41:16, 46:6, 48:8
Michael [2] - 13:1, 22:13
might [6] - 12:8, 42:13, 44:22, 44:25,
48:5, 50:10
military [2] - 11:7, 46:25
Miller [1] - 39:23
million [4] - 19:22, 46:7, 47:8, 48:9
millions [3] - 19:20, 19:21, 38:20
mind [3] - 11:16, 11:22, 27:14
minds [1] - 40:1
mine [1] - 32:8
minimization [1] - 30:18
minimum [2] - 15:23, 16:6
minute [1] - 7:6
minutes [5] - 15:3, 26:9, 38:21, 45:15,
45:16
miss [1] - 3:21
mission [1] - 11:2
misusing [1] - 43:20
moment [3] - 51:13, 52:2, 52:17
Mona [2] - 2:6, 3:21
monetary [2] - 31:7, 31:17
monitoring [3] - 46:9, 49:23, 49:25
months [1] - 17:19
morning [1] - 4:12
MOSS [2] - 1:23, 4:12
Moss [2] - 4:10, 4:12
most [1] - 18:13
mostly [1] - 44:3
Motion [7] - 5:11, 5:16, 6:7, 14:4, 14:6,
36:7, 53:19
Motions [1] - 5:18
moving [1] - 7:8
8
MR [116] - 3:7, 3:10, 3:14, 3:17, 3:18,
3:21, 3:23, 3:25, 4:3, 4:5, 4:11, 4:12,
4:16, 4:19, 5:8, 5:10, 5:24, 6:3, 6:5,
6:12, 6:20, 6:21, 6:24, 6:25, 7:3, 8:7,
8:9, 8:12, 8:15, 8:18, 8:21, 9:6, 9:9,
9:14, 11:13, 11:15, 11:23, 12:2, 12:17,
13:9, 13:12, 13:25, 14:13, 14:16, 15:4,
15:6, 15:11, 16:3, 18:9, 18:22, 19:15,
19:18, 21:7, 21:12, 21:18, 22:4, 22:10,
24:15, 26:4, 26:11, 26:15, 26:18, 26:21,
28:2, 28:5, 28:9, 28:12, 29:11, 29:17,
30:1, 30:8, 32:11, 33:22, 33:25, 35:4,
35:6, 35:14, 35:23, 36:13, 36:18, 37:6,
37:11, 37:14, 37:18, 38:4, 38:6, 38:9,
38:12, 39:4, 39:7, 39:14, 39:17, 41:9,
41:14, 41:19, 42:9, 42:16, 42:24, 43:2,
43:5, 43:22, 43:25, 44:9, 44:18, 44:21,
45:7, 45:9, 45:16, 46:4, 47:22, 47:24,
48:1, 50:21, 53:4, 53:6, 53:23
Muboobian [2] - 2:5, 3:17
MUBOOBIAN [1] - 3:18
must [8] - 28:24, 30:14, 30:16, 30:17,
34:22, 43:6, 43:8, 45:23
N
NAACP [2] - 24:18, 24:20
name [1] - 29:15
names [6] - 41:11, 41:15, 41:19, 41:20,
42:7, 44:17
narrow [1] - 47:6
nation [1] - 48:22
National [1] - 2:3
national [4] - 33:21, 43:11, 44:24,
45:11
nature [4] - 5:14, 18:11, 33:21, 35:25
Naveed [1] - 2:5
Navy [1] - 10:25
necessary [1] - 37:1
need [10] - 21:1, 41:21, 42:10, 42:14,
42:16, 44:19, 45:8, 52:6, 53:10, 53:18
needed [1] - 44:12
negligence [1] - 11:8
Network [1] - 34:4
network [2] - 34:9, 35:2
never [5] - 17:10, 22:6, 34:24, 35:2,
50:23
nevertheless [1] - 40:8
New [1] - 7:21
new [1] - 6:15
next [5] - 12:10, 44:16, 51:13, 52:25,
53:13
nexus [2] - 19:19, 21:20
night [2] - 6:14, 6:15
noble [1] - 24:4
non [6] - 30:13, 31:17, 33:7, 37:20,
40:9, 44:4
none [2] - 37:12, 41:4
Northern [1] - 31:4
Norton [1] - 20:23
Nos [1] - 1:4
notably [1] - 39:24
nothing [2] - 21:14, 48:16
noting [1] - 40:10
novel [1] - 53:17
novelty [1] - 51:7
November [1] - 1:6
NSA [25] - 4:22, 10:8, 10:15, 10:25,
15:17, 21:24, 21:25, 22:2, 38:20, 40:14,
41:7, 41:10, 42:11, 43:1, 43:2, 43:19,
44:21, 46:24, 46:25, 48:7, 48:9, 50:9,
50:14, 50:22
NSA's [3] - 18:20, 43:9, 47:11
nuance [1] - 51:7
number [19] - 10:3, 16:3, 17:8, 25:17,
37:21, 40:22, 41:24, 42:3, 44:22, 44:23,
45:1, 45:3, 45:13, 46:8, 46:12, 46:17,
49:19, 50:2
numbers [11] - 40:3, 40:19, 41:8,
41:11, 41:16, 41:20, 41:21, 42:8, 42:13,
44:17
Nutrition [1] - 27:16
nutrition [1] - 29:18
NW [3] - 1:17, 1:21, 1:25
O
oath [1] - 49:12
Obama [1] - 3:4
OBAMA [1] - 1:8
obamacare [2] - 25:10, 46:11
obey [3] - 36:1, 49:22, 50:8
obeying [2] - 17:5, 50:9
object [3] - 6:14, 8:15, 47:22
objected [1] - 22:19
objection [2] - 6:11, 6:18
observance [1] - 32:21
obtained [2] - 14:17, 31:16
obtaining [1] - 15:13
obvious [1] - 47:19
obviously [3] - 5:21, 12:20, 32:25
occurred [2] - 32:9, 49:20
occurs [1] - 29:19
OF [3] - 1:2, 1:11, 55:1
offered [1] - 33:2
office [2] - 22:22, 43:11
Office [1] - 1:16
official [1] - 41:23
Official [1] - 2:9
officially [1] - 34:3
once [7] - 36:8, 39:20, 42:17, 44:12,
45:4
one [25] - 8:22, 9:2, 9:3, 10:3, 11:6,
11:13, 14:20, 16:4, 23:2, 25:12, 25:13,
25:16, 26:20, 28:20, 31:15, 32:2, 41:14,
47:5, 47:19, 49:3, 50:21, 52:15, 52:20,
52:22, 53:4
ongoing [2] - 15:14, 48:8
open [2] - 19:25, 20:2
opinion [3] - 35:16, 38:10, 39:9
opportunity [4] - 10:4, 19:8, 26:1, 50:4
oppose [1] - 14:3
opposite [1] - 15:3
order [43] - 8:23, 8:24, 9:17, 9:19,
9:22, 9:23, 9:24, 11:24, 14:10, 15:21,
16:7, 16:19, 17:3, 17:9, 18:7, 18:8,
18:11, 18:13, 18:20, 24:8, 25:14, 25:15,
25:17, 26:6, 34:2, 34:9, 35:1, 41:10,
41:13, 41:21, 42:14, 42:16, 42:17,
42:19, 44:11, 44:19, 45:8, 45:10, 46:8,
47:6
Order [2] - 9:25, 18:2
orders [12] - 11:22, 18:4, 18:15, 21:4,
28:23, 28:24, 30:11, 41:2, 41:23, 43:6,
43:12, 43:15
Orders [1] - 10:8
organization [1] - 40:24
organizations [2] - 40:20, 42:1
origin [1] - 43:15
original [5] - 5:12, 16:19, 20:22, 44:11,
46:17
Orwellian [1] - 17:12
Osama [1] - 11:4
otherwise [3] - 5:13, 11:8, 12:9
ourselves [1] - 4:2
outmoded [1] - 47:5
outrageous [1] - 19:4
outside [1] - 33:7
overarching [1] - 7:24
overboard [1] - 53:21
overlooked [1] - 47:18
overly [2] - 8:25, 9:19
overrule [1] - 15:25
overruling [1] - 15:11
overseas [1] - 30:13
oversee [1] - 43:4
oversight [7] - 42:22, 42:23, 42:24,
43:9, 43:10, 44:10, 44:13
own [5] - 20:14, 20:22, 23:23, 47:11,
51:3
P
p.m [1] - 53:25
PACER [1] - 5:19
pages [1] - 53:15
pales [2] - 38:19
panoply [1] - 12:18
papers [2] - 35:7, 40:25
parse [3] - 26:20, 26:22, 36:11
part [8] - 7:6, 7:12, 7:15, 22:18, 27:20,
34:17, 34:18, 47:6
parte [2] - 10:4, 10:5
participant [1] - 34:10
participants [1] - 34:13
participate [2] - 10:5, 16:9
participating [1] - 34:15
particular [5] - 24:7, 29:20, 29:21,
31:17, 45:3
particularly [2] - 39:10, 51:17
9
parties [5] - 27:4, 28:15, 29:2, 30:23,
41:20
party [4] - 7:8, 20:23, 39:18, 39:20
past [1] - 15:14
Patriot [6] - 12:18, 21:7, 21:19, 23:18,
27:25
pattern [1] - 46:6
Patton [1] - 4:8
PATTON [1] - 1:19
PATTY [1] - 2:8
Patty [1] - 55:3
Pauley [2] - 25:23, 52:18
Pauly [1] - 7:20
pending [1] - 5:3
Pennsylvania [2] - 1:17, 1:25
people [20] - 12:23, 16:13, 16:18, 19:6,
20:4, 20:12, 20:13, 20:21, 21:1, 21:9,
21:22, 22:21, 23:1, 25:8, 47:14, 48:16,
48:21, 50:14, 50:15
percent [2] - 14:25, 48:20
perhaps [1] - 42:11
period [3] - 18:12, 18:19, 44:1
periodically [1] - 43:6
permission [2] - 3:10, 53:20
permit [2] - 13:20, 21:3
permits [1] - 21:15
permitted [2] - 25:4, 29:4
person [9] - 13:17, 14:7, 14:8, 20:11,
23:21, 25:4, 40:3, 50:1
person's [1] - 40:6
persons [6] - 29:21, 30:13, 33:7, 40:4,
44:4, 50:2
pertain [1] - 16:5
Philadelphia [1] - 50:24
philosophical [1] - 16:12
phone [4] - 17:13, 23:8, 44:17, 49:4
phones [2] - 25:6
PI [1] - 52:4
pick [2] - 23:8, 49:3
picked [3] - 17:16, 33:9, 50:25
Pickering [1] - 1:24
picks [1] - 17:13
places [1] - 40:5
Plaintiff [2] - 1:16, 28:2
Plaintiff's [1] - 35:17
Plaintiffs [27] - 1:5, 7:15, 7:17, 9:3,
10:4, 16:5, 16:11, 20:6, 26:24, 27:4,
29:2, 31:24, 32:11, 33:2, 33:8, 34:5,
34:16, 35:6, 35:10, 35:24, 36:23, 40:12,
45:18, 46:1, 49:22, 50:2, 50:13
Plaintiffs' [3] - 28:19, 37:4, 41:4
Pleasure [1] - 3:8
plenty [3] - 53:7, 53:21
plug [1] - 42:2
plus [3] - 14:20, 46:7, 47:14
PO [1] - 2:4
point [12] - 18:17, 25:12, 26:7, 35:6,
36:6, 42:6, 43:23, 43:25, 44:11, 50:8,
50:21, 53:9
pointed [2] - 40:2, 46:14
points [5] - 35:24, 39:5, 51:19, 51:24
police [1] - 23:7
political [1] - 20:22
posing [1] - 21:4
position [19] - 12:5, 12:8, 15:3, 15:8,
19:13, 19:16, 24:10, 27:2, 27:6, 27:9,
29:9, 29:11, 32:7, 33:17, 33:21, 33:22,
33:23, 36:15, 37:4
possession [2] - 33:17, 41:8
possible [3] - 11:19, 45:6, 45:7
potential [4] - 10:20, 19:4, 47:16, 49:1
power [2] - 28:7, 28:9
precedent [1] - 25:25
precisely [1] - 29:22
preclude [6] - 20:10, 27:3, 27:17,
27:21, 27:25, 28:14
precluded [1] - 28:20
precluding [1] - 27:18
preclusion [8] - 24:11, 27:9, 27:22,
28:6, 29:19, 30:24, 31:2
predicate [2] - 20:4, 21:12
PRELIMINARY [1] - 1:11
Preliminary [7] - 5:18, 12:11, 16:25,
17:4, 23:15, 36:16, 49:21
preliminary [4] - 4:17, 6:21, 19:16,
36:7
premise [2] - 37:14
prepared [3] - 4:20, 8:12, 9:4
preparing [1] - 5:25
Present [1] - 2:5
presented [1] - 46:1
preserve [1] - 48:25
President [1] - 16:12
pressed [1] - 28:17
presume [3] - 9:21, 17:6, 28:14
pretty [3] - 12:15, 51:4, 52:6
principal [2] - 35:21, 52:2
principle [1] - 32:19
prison [1] - 24:1
privacy [7] - 17:11, 37:19, 38:2, 38:14,
39:21, 40:9, 40:12
Privacy [2] - 10:13, 17:5
private [2] - 6:6, 47:15
privilege [3] - 24:22, 47:2
privileges [2] - 24:22, 47:3
Prizm [3] - 19:23, 30:14, 33:6
Pro [1] - 1:16
problem [1] - 7:19
problems [1] - 43:17
procedures [2] - 30:18, 45:9
proceed [1] - 50:6
proceeding [4] - 10:5, 14:3, 14:21,
25:2
proceedings [2] - 53:25, 55:4
Proceedings [1] - 2:12
process [3] - 12:22, 16:20, 38:17
proctologist [1] - 23:12
produce [1] - 5:1
produced [3] - 2:12, 13:19, 15:20
product [2] - 24:22, 47:3
production [3] - 13:17, 13:20, 28:23
profile [1] - 38:25
program [10] - 10:10, 19:23, 33:10,
34:11, 34:14, 34:16, 34:18, 34:25,
40:14, 42:17
Program [2] - 30:14, 33:6
programs [3] - 27:1, 33:5, 35:21
prohibit [1] - 18:7
proof [2] - 33:2, 35:17
proper [1] - 28:10
properly [1] - 21:8
property [1] - 25:4
prosecution [1] - 48:3
prospective [1] - 18:11
protect [3] - 20:12, 23:1, 50:13
protected [2] - 32:23, 37:24
protecting [1] - 38:14
protection [3] - 16:18, 20:24, 20:25
protects [1] - 20:21
provide [10] - 5:4, 8:3, 8:13, 23:19,
23:20, 30:21, 30:23, 31:12, 44:25,
47:20
provided [5] - 6:15, 10:6, 30:14, 33:18,
44:22
providers [3] - 25:13, 30:22
provides [3] - 29:19, 30:20, 33:20
providing [2] - 5:6, 11:18
provision [3] - 29:1, 31:3, 31:22
provisions [4] - 27:3, 31:8, 31:10,
31:18
public [3] - 46:22, 47:1, 48:13
punish [1] - 32:22
purposes [3] - 4:23, 23:15, 40:11
pursuant [1] - 15:20
purview [1] - 30:6
put [3] - 49:20, 51:21, 51:25
Q
Quash [2] - 14:4, 14:6
queried [2] - 39:17, 40:18
queries [4] - 22:2, 40:16, 40:21, 42:19
query [8] - 33:19, 38:20, 40:20, 40:23,
41:6, 44:12, 44:16, 45:4
questions [2] - 39:8, 49:12
quite [3] - 10:23, 29:22, 37:18
R
raid [1] - 11:2
raise [1] - 28:13
raised [3] - 8:10, 35:6, 39:8
RANDOLPH [1] - 1:23
Randolph [1] - 4:12
RAS [1] - 43:7
rather [1] - 53:19
reach [6] - 13:3, 16:6, 16:24, 19:15,
27:8, 45:25
10
read [5] - 8:19, 22:22, 52:9, 53:21,
53:22
reading [1] - 9:18
Reagan [1] - 48:23
real [1] - 46:18
reality [2] - 18:25, 47:11
really [4] - 7:12, 13:8, 13:10, 53:16
reason [2] - 27:13, 38:16
reasonable [10] - 19:24, 37:19, 38:2,
39:21, 40:9, 40:12, 40:17, 40:22, 41:24,
42:19
reasons [1] - 47:19
rebuttal [1] - 7:8
received [2] - 6:14, 22:5
receiving [1] - 37:21
recent [2] - 18:13, 38:10
recently [1] - 38:23
recess [1] - 53:24
recipients [1] - 28:24
record [7] - 3:13, 3:14, 3:15, 13:19,
22:19, 47:12, 55:4
records [29] - 9:1, 13:17, 13:21, 14:2,
14:7, 14:8, 14:17, 15:13, 15:14, 15:15,
15:16, 20:3, 23:12, 24:25, 33:3, 34:17,
37:25, 38:21, 40:15, 40:21, 41:2, 41:4,
41:5, 41:7, 42:3, 42:4
redactions [1] - 9:20
referred [1] - 4:21
reflected [1] - 34:6
reflection [1] - 51:20
reflects [2] - 29:3, 31:14
refute [1] - 49:7
regard [32] - 6:6, 8:22, 10:10, 10:20,
12:11, 12:20, 15:16, 16:3, 16:4, 16:5,
16:10, 16:19, 17:6, 17:8, 18:20, 19:18,
19:22, 23:14, 25:17, 25:18, 25:20,
25:21, 25:23, 26:8, 46:4, 47:2, 47:4,
47:18, 49:22, 50:10, 50:21
regarding [3] - 6:12, 37:20, 43:7
relates [1] - 30:3
relating [1] - 22:2
released [1] - 9:21
relevance [6] - 21:11, 21:13, 29:24,
30:2, 31:25, 32:5
relevant [6] - 4:20, 21:9, 21:16, 25:5,
33:20, 35:8
relief [9] - 5:14, 5:17, 20:11, 31:12,
31:18, 35:25, 36:4, 37:1, 45:20
remains [3] - 39:7, 39:18, 39:24
remedy [2] - 5:16, 31:17
removing [1] - 46:21
renewed [2] - 9:17, 10:1
replies [1] - 53:12
reply [1] - 35:25
report [5] - 22:14, 43:6, 47:12, 47:13,
49:24
reported [5] - 2:12, 43:8, 43:14, 43:17,
44:2
REPORTER [1] - 55:1
Reporter [2] - 2:8, 2:9
reporters [2] - 32:20, 37:23
reports [2] - 49:24, 50:4
request [8] - 5:3, 14:11, 14:24, 18:1,
29:7, 30:3, 36:16, 52:3
requested [1] - 5:17
requesting [1] - 5:14
requests [2] - 4:21, 50:6
required [1] - 45:20
requirements [4] - 32:13, 32:22, 36:3,
45:22
res [1] - 16:8
reserve [2] - 6:13, 47:25
reserving [2] - 8:15, 47:22
resigned [1] - 44:6
resolution [1] - 52:3
resolve [2] - 36:7, 36:16
respect [7] - 14:14, 14:23, 20:14, 27:6,
28:18, 30:9, 50:18
respectfully [1] - 17:25
respective [1] - 3:5
respond [1] - 5:22
responded [2] - 35:15, 35:16
response [1] - 5:23
responsive [3] - 40:16, 40:21, 45:4
rest [2] - 24:5, 52:5
restrict [1] - 31:8
result [3] - 32:10, 41:1, 45:2
retaliation [1] - 11:3
retired [1] - 44:6
retrieve [1] - 40:21
reveal [1] - 34:25
revealing [2] - 35:20, 40:4
review [28] - 11:18, 11:19, 11:21,
11:24, 12:7, 13:2, 13:22, 13:23, 14:11,
15:10, 15:24, 24:6, 24:14, 27:4, 27:18,
27:21, 28:9, 28:14, 28:23, 29:14, 30:6,
30:20, 30:23, 32:15, 40:15
reviewable [2] - 29:10, 29:13
reviewed [3] - 19:5, 21:21, 41:6
reviewing [3] - 12:20, 21:3, 24:12
revolution [1] - 19:2
RICHARD [1] - 1:12
rights [14] - 12:23, 12:24, 12:25, 13:1,
13:18, 13:22, 16:20, 17:7, 17:11, 20:8,
24:21, 27:24, 32:6, 37:4
rigorous [1] - 45:22
rise [4] - 19:2, 19:6, 32:23, 48:20
RJL [1] - 1:5
RMR [1] - 2:8
RODNEY [1] - 1:19
Rodney [1] - 4:8
Ronald [1] - 48:23
Room [1] - 2:9
roughly [1] - 18:15
rounds [3] - 51:14, 53:11
routed [1] - 9:10
Royce [1] - 20:19
rubber [1] - 14:23
rule [7] - 13:6, 15:12, 21:5, 36:3,
52:12, 52:13, 52:16
ruled [1] - 46:9
ruling [10] - 16:4, 19:1, 23:14, 25:20,
26:8, 32:4, 32:5, 32:10, 49:19, 52:19
rulings [1] - 52:20
Russia [1] - 48:4
S
safeguards [2] - 42:25, 43:12
safety [1] - 19:3
sake [1] - 36:10
satisfy [1] - 20:2
save [3] - 26:10, 26:11, 40:16
saw [1] - 17:17
scheme [2] - 11:17, 28:22
Se [1] - 1:16
Seal [2] - 10:25, 11:3
seal [2] - 28:24, 28:25
search [1] - 41:25
searches [1] - 25:3
searching [1] - 8:6
seat [1] - 4:2
second [6] - 5:10, 12:6, 21:16, 24:12,
30:10, 31:1
secondly [1] - 7:14
secret [3] - 14:20, 19:12
section [2] - 31:2, 31:6
Section [21] - 5:4, 10:12, 10:13, 12:18,
16:23, 17:4, 17:5, 28:21, 29:1, 29:21,
30:9, 30:12, 31:11, 31:12, 31:13, 31:19,
31:22, 34:10, 35:12, 35:15, 50:10
Security [1] - 2:3
security [5] - 33:21, 44:24, 45:12,
49:10, 49:11
see [12] - 5:9, 5:22, 7:5, 12:1, 12:3,
21:6, 26:6, 26:20, 27:14, 41:11, 42:3,
50:2
seeking [3] - 12:12, 35:25, 36:1
seem [1] - 21:4
seizures [1] - 25:3
self [2] - 24:25, 25:2
self-incrimination [2] - 24:25, 25:2
Senator [1] - 44:3
send [1] - 49:4
sent [2] - 22:6, 22:13
sentry [1] - 23:5
separate [4] - 7:25, 18:14, 34:7, 41:12
seriously [1] - 43:18
Services [2] - 34:4, 35:2
services [1] - 34:10
set [9] - 8:1, 10:7, 11:10, 22:11, 40:25,
46:18, 48:6, 49:6, 49:23
sets [2] - 5:17, 28:22
seven [1] - 18:15
several [2] - 33:23, 39:5
severely [1] - 47:5
shape [3] - 8:2, 11:20, 50:18
Shapiro [1] - 4:9
11
Shea [1] - 34:7
short [1] - 8:13
shorten [1] - 43:7
shorthand [2] - 2:12, 29:15
shot [2] - 22:15, 52:24
show [1] - 45:19
showed [1] - 10:12
showing [6] - 19:24, 36:22, 36:24,
37:11, 45:18, 45:21
shown [1] - 36:25
shows [1] - 22:13
side [2] - 7:7, 52:15
sides [2] - 7:20, 53:8
signalled [1] - 38:14
signed [1] - 51:2
signing [1] - 51:3
similar [1] - 27:23
simple [4] - 13:8, 13:9, 13:10, 23:16
simply [6] - 17:1, 24:8, 26:21, 35:10,
36:7, 36:16
sit [4] - 3:11, 3:24, 17:22, 49:12
sitting [2] - 6:1, 33:15
situation [4] - 12:15, 46:12, 50:15,
52:8
six [1] - 17:19
Six [2] - 11:1, 11:3
Skype [2] - 23:20, 49:5
smart [1] - 25:6
Smith [15] - 32:18, 37:18, 37:23, 38:1,
38:24, 39:7, 39:10, 39:11, 39:12, 39:14,
39:22, 39:23, 39:24, 39:25, 47:4
Smith's [1] - 39:3
Snowden [3] - 23:11, 47:19, 48:1
Snowden's [1] - 48:11
so-called [1] - 39:18
social [1] - 23:20
someone [2] - 17:14, 22:24
sometimes [1] - 20:22
somewhere [1] - 33:15
son [4] - 10:25, 22:12, 46:24, 47:1
sorry [2] - 36:13, 39:14
sort [4] - 30:23, 34:1, 39:25, 43:22
Sotomayor's [2] - 39:10, 39:15
sought [2] - 18:20, 30:16
spanning [1] - 44:1
specific [5] - 8:1, 24:11, 27:22, 31:8,
35:17
specifically [2] - 7:21, 27:25
specificity [1] - 36:2
specifies [2] - 31:17, 31:18
speculation [1] - 34:17
spending [1] - 39:1
split [3] - 7:8, 7:10, 7:11
sprint [1] - 25:14
spy [1] - 10:16
spyware [1] - 22:16
staff [1] - 22:21
stage [2] - 19:16, 21:8
stake [1] - 47:3
stamps [1] - 14:23
stand [1] - 53:24
standard [5] - 40:17, 42:2, 42:20, 43:8
standing [26] - 7:14, 7:16, 11:10,
11:11, 22:5, 27:8, 28:3, 28:4, 28:10,
28:15, 32:13, 33:1, 34:23, 35:2, 35:5,
35:9, 35:18, 35:19, 36:17, 36:19, 36:21,
36:24, 45:24, 49:6, 51:24, 52:8
Star [2] - 14:21, 19:12
start [2] - 12:10, 17:5
starting [1] - 28:5
state [4] - 12:22, 17:12, 23:8, 25:11
statements [2] - 48:2, 48:11
STATES [2] - 1:1, 1:12
States [2] - 24:4, 33:8
statistics [1] - 14:22
status [2] - 8:10, 46:14
statute [8] - 15:22, 21:19, 27:17,
29:19, 30:20, 31:1, 31:17, 31:21
statutes [2] - 28:20, 47:13
statutory [12] - 8:2, 8:4, 15:9, 18:6,
21:2, 21:15, 26:25, 27:1, 27:11, 28:19,
29:14, 45:25
stay [2] - 7:2, 25:16
step [8] - 10:1, 10:2, 12:10, 16:17,
22:25, 23:6, 41:14, 44:16
stepped [1] - 24:19
still [2] - 42:7
storage [1] - 33:15
Strange [4] - 2:6, 6:3, 25:19, 46:24
strange [5] - 10:24, 12:24, 14:19, 20:5,
22:11
strictly [1] - 40:11
strictures [1] - 49:22
struggle [1] - 52:10
stuff [1] - 22:22
subject [3] - 9:10, 41:6, 47:8
subjected [2] - 21:23, 48:3
submissive [1] - 50:17
submit [3] - 36:3, 45:21, 51:8
submitted [2] - 22:4, 51:16
subpoena [4] - 13:16, 14:3, 14:5, 14:6
subpoenaed [1] - 14:2
subscriber [2] - 44:25, 45:13
subscribers [3] - 9:10, 9:16, 41:20
subscription [1] - 9:12
success [3] - 32:16, 36:12, 36:20
sued [1] - 46:24
suggested [1] - 30:10
superimpose [1] - 15:25
supplement [4] - 51:15, 51:20, 53:12
supplemental [2] - 46:18, 51:8
supplements [1] - 53:13
supposedly [1] - 22:14
Supreme [13] - 3:18, 3:23, 11:19,
24:19, 25:5, 27:14, 27:15, 29:16, 29:17,
35:15, 38:13, 38:23, 52:14
surveillance [1] - 25:11
surveyed [2] - 21:9, 49:5
susceptible [1] - 46:20
suspect [1] - 23:23
suspected [1] - 38:15
suspicion [5] - 19:24, 40:17, 40:22,
41:24, 42:20
sworn [1] - 49:24
Syler [1] - 6:8
system [6] - 5:19, 20:17, 42:3, 42:22,
44:10, 46:9
T
table [3] - 3:11, 4:7, 6:1
tables [1] - 3:6
tails [1] - 48:15
Taliban [1] - 11:3
tampered [1] - 46:20
targeting [3] - 30:12, 30:18, 33:6
Tax [6] - 13:15, 13:19, 14:3, 14:5,
14:11, 14:18
Team [2] - 10:25, 11:3
technological [1] - 42:25
technology [3] - 38:7, 38:17, 38:19
telecommunications [1] - 30:22
telephone [6] - 9:1, 9:10, 25:1, 37:21,
40:19
telephony [2] - 34:10, 40:14
ten [1] - 53:17
tens [1] - 19:21
term [1] - 41:25
termed [1] - 11:2
terms [5] - 38:7, 41:23, 42:18, 43:5,
52:6
terrorism [3] - 19:25, 21:22, 23:22
terrorist [3] - 40:20, 40:24, 41:25
test [1] - 50:4
text [4] - 22:6, 22:9, 22:11, 46:19
Thanksgiving [1] - 53:2
THE [111] - 1:2, 1:12, 3:9, 3:13, 3:16,
3:20, 3:22, 3:24, 4:4, 4:10, 4:14, 4:18,
5:6, 5:9, 5:21, 6:2, 6:4, 6:11, 6:17, 6:23,
7:2, 7:5, 8:8, 8:11, 8:14, 8:17, 8:19, 9:4,
9:7, 9:13, 11:12, 11:14, 11:16, 11:25,
12:3, 13:8, 13:10, 13:14, 14:4, 14:15,
15:1, 15:5, 15:8, 15:20, 18:3, 18:10,
19:13, 19:17, 21:2, 21:11, 21:13, 22:1,
22:9, 24:10, 26:3, 26:9, 26:13, 26:17,
26:19, 27:22, 28:4, 28:7, 28:10, 29:6,
29:13, 29:24, 30:2, 31:23, 33:12, 33:24,
34:20, 35:5, 35:13, 35:22, 36:6, 36:15,
37:3, 37:8, 37:13, 37:17, 38:3, 38:5,
38:7, 38:10, 38:13, 39:6, 39:12, 39:16,
41:7, 41:10, 41:18, 42:6, 42:14, 42:23,
43:1, 43:3, 43:19, 43:24, 44:8, 44:15,
44:19, 45:6, 45:8, 45:15, 46:3, 47:25,
50:20, 51:2, 53:5, 53:7, 53:24
theirs [3] - 33:3, 33:9, 49:9
theory [1] - 34:22
therefore [1] - 36:11
thereof [1] - 52:7
12
thin [1] - 7:20
thinking [2] - 7:5, 10:17
thinks [1] - 23:3
third [6] - 16:12, 27:4, 29:2, 39:18,
39:20, 42:14
Thomas [1] - 48:24
three [4] - 31:8, 31:10, 31:18, 46:12
thrust [1] - 36:14
timely [1] - 19:8
tiny [1] - 41:2
today [9] - 4:8, 7:6, 7:12, 9:24, 15:15,
25:5, 45:18, 53:10
tonight [1] - 51:11
Tony [1] - 4:8
took [1] - 43:17
top [2] - 10:14, 19:12
total [4] - 7:9, 7:10, 15:18, 44:1
totalitarian [2] - 12:21, 19:4
towards [1] - 10:24
tragically [1] - 11:1
TRANSCRIPT [1] - 1:11
transcript [2] - 2:12, 55:4
transcription [1] - 2:12
troublesome [1] - 28:13
true [4] - 29:23, 30:9, 35:21, 46:13
trunk [1] - 41:17
trust [2] - 48:21
truthfully [1] - 49:13
try [3] - 52:24, 53:15, 53:20
Tuesday [2] - 53:1, 53:14
turn [2] - 22:24, 33:1
turned [1] - 14:24
tutor [1] - 5:3
two [18] - 4:21, 7:6, 7:12, 8:21, 12:25,
17:8, 23:3, 25:17, 28:20, 31:20, 34:7,
45:15, 45:16, 46:8, 47:7, 52:2, 52:9,
52:20
types [2] - 10:16, 27:17
typically [1] - 40:19
tyranny [4] - 16:13, 20:17, 23:5, 49:1
U
U.S [10] - 1:20, 2:3, 2:9, 10:9, 11:19,
14:9, 30:13, 33:7, 39:23, 44:4
ultimately [2] - 29:16, 50:1
unauthorized [1] - 44:3
unconstitutional [3] - 15:10, 19:14,
21:6
under [36] - 5:13, 6:19, 18:17, 21:13,
24:13, 24:15, 24:16, 24:17, 28:24,
28:25, 29:8, 30:12, 31:9, 31:11, 31:16,
31:21, 32:1, 32:7, 33:5, 33:9, 35:12,
35:14, 36:4, 39:19, 40:14, 40:16, 41:23,
42:10, 42:16, 42:18, 42:19, 43:5, 45:21,
49:12, 53:15, 53:17
underpinning [1] - 39:22
unfortunately [2] - 12:15, 22:24
United [2] - 24:4, 33:7
UNITED [2] - 1:1, 1:12
unites [1] - 16:14
unless [2] - 9:25, 34:25
unofficially [1] - 34:2
unreasonable [1] - 25:3
up [14] - 6:11, 17:13, 17:16, 19:2, 19:6,
23:8, 26:23, 33:9, 33:15, 35:9, 43:21,
49:3, 50:25, 51:21
upper [1] - 10:20
upset [1] - 19:6
upstairs [1] - 52:23
upstream [1] - 20:21
USC [2] - 13:5, 31:2
users [2] - 9:9
V
value [1] - 39:3
valve [1] - 19:3
various [3] - 10:8, 27:3, 27:11
Verizon [24] - 1:23, 4:13, 8:22, 9:2,
9:8, 9:11, 9:12, 9:15, 15:16, 15:17,
19:21, 25:13, 33:13, 33:14, 34:1, 34:4,
34:6, 34:9, 34:14, 35:1, 37:5, 37:9,
44:20, 44:24
versus [9] - 3:3, 27:15, 27:16, 27:19,
28:12, 29:18, 37:18, 39:14, 39:23
view [2] - 26:3, 36:6
viewed [1] - 41:3
views [1] - 39:11
Vincent [10] - 10:6, 17:6, 17:9, 18:3,
25:15, 25:21, 26:1, 26:5, 30:4, 34:9
Vincent's [6] - 8:23, 16:7, 17:3, 24:8,
34:2, 35:1
violate [1] - 13:18
violation [7] - 13:7, 13:21, 17:11, 32:2,
32:6, 32:9, 32:24
violations [6] - 10:12, 27:24, 31:7,
47:13, 47:14, 49:19
virtually [1] - 9:19
virtue [1] - 5:13
W
wage [1] - 19:2
waiting [1] - 26:15
wants [4] - 14:24, 47:19, 48:9, 49:7
warrant [1] - 51:4
Washington [5] - 1:17, 1:21, 1:25, 2:4,
2:10
Watch [3] - 16:15, 18:23, 22:20
ways [2] - 26:17, 26:20
Webster [3] - 27:15, 27:19, 28:12
week [4] - 6:18, 51:8, 51:13, 53:1
weeks [1] - 25:10
welcome [7] - 3:9, 4:14, 6:2, 6:4, 51:9,
51:22, 52:1
West [1] - 17:10
whatsoever [1] - 33:2
whereabouts [1] - 39:1
white [1] - 50:10
WHITMAN [1] - 2:3
whole [1] - 7:23
wife [2] - 12:25, 14:19
Wild [1] - 17:10
Wilmer [1] - 1:24
win [1] - 48:15
windows [1] - 22:22
Wireless [2] - 34:6, 34:15
wiretaps [1] - 22:23
wish [3] - 51:9, 51:12, 51:23
wives [2] - 10:17, 47:16
words [1] - 34:14
works [1] - 44:10
worry [1] - 53:2
worse [4] - 17:10, 23:6, 46:10, 50:18
worth [1] - 40:10
write [1] - 53:20
writing [1] - 13:2
written [1] - 21:19
wrote [1] - 23:24
X
XIV [1] - 48:19
Y
Yahoo [1] - 25:14
year [1] - 49:14
years [5] - 15:7, 18:15, 18:16, 22:19,
48:23
yesterday [2] - 5:15, 5:24
York [1] - 7:21
yourself [3] - 3:5, 22:25, 24:9
youtube [3] - 23:20, 25:14, 49:4
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