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 : [e-mail].<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)

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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
[phone]

Proceedings reported by machine shorthand, transcript produced
by computer-aided transcription.

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1

P R O C E E D I N G S

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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.

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8
9
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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?

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MR. KLAYMAN:

22

THE COURT: What Courts?

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MR. KLAYMAN:

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THE COURT:

25

MR. KLAYMAN:

Miss Mona Falah.

California Supreme Court.

All right.

They can sit there.

Thank you.

4

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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.

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With me at counsel table are Marcia Berman, Bryan Dearinger,

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Rodney Patton, Tony Coppalino and also joining us today is

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Elizabeth Shapiro.

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THE COURT:

11

MR. GILLIGAN:

12

MR. MOSS:

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16
17

I thought he would introduce himself.

Good morning, your Honor, Randolph Moss on

behalf of the Verizon Defendants.

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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

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binder that we prepared about relevant documents that we

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referred to in our briefs and also with two requests that we

22

made to the NSA through the Justice Department to authenticate

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those documents for purposes of any use that your Honor may

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decide to employ them for in this case.

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It is our understanding from Mr. Gilligan, we got an

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1

e-mail that they would not produce anyone to authenticate the

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documents, nor would they deny or admit the authenticity of the

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documents.

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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.

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MR. KLAYMAN:

9

THE COURT:

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a tutor request pending.

Okay.

Let's see where this goes.

MR. KLAYMAN:

The second matter is that we filed a

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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.

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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.

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that on the Court's PACER system, but I have do have a hard copy

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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

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Government's response is.

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25

MR. KLAYMAN:

Yes. In addition, yesterday as we were

preparing, we learned of additional information that bears on

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our clients who are sitting at counsel table with us.

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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

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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.

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THE COURT:

Why don't we do this.

You can have until

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the end of the week to file any objection you have to it and

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then I will take it under advisement.

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MR. GILLIGAN:

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MR. KLAYMAN:

Very well, your Honor. Thank you.
I think that does it for the preliminary

22

matters your Honor.

Thank you.

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THE COURT:

All right.

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MR. KLAYMAN:

Okay.

25

MR. KLAYMAN:

I will get my binder.

You don't have to leave.

Now we will do the

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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

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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.

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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 --

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THE COURT:

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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

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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.

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5

THE COURT:

The Government is prepared to concede that

apparently based on their briefs.

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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

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January 3, 2014, there will be no Court Order unless it is

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1

renewed; and your Honor could step in immediately at that time.

2

However, you can step in now and here is why.

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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.

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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.

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we are a big interest or not.

24

adversarial towards the administration,

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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

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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

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affidavits our standing.

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THE COURT:

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MR. KLAYMAN:

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THE COURT:

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MR. KLAYMAN:

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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:

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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.

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Klayman.

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unfortunately in a situation where Congress has made it pretty

16

clear that they don't think I have that authority.

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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

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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.

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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

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7
8
9
10
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12
13
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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
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_________________________

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