Filing 52

MOTION to Dismiss or, in the Alternative for Summary Judgment, Regarding Plaintiffs' Claims Against the Verizon Defendants by U.S. DEPARTMENT OF JUSTICE (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit)(Patton, Rodney). Added MOTION for Summary Judgment on 12/17/2013 (znmw, ).

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UNITED STATES DISTRICT COURT DISTRICT OF COLUMBIA ____________________________________ ) ) ) Plaintiffs, ) ) v. ) ) BARACK OBAMA, President of the ) United States, et al., ) ) Defendants. ) ____________________________________) LARRY KLAYMAN, et al., Civ. Action No. 1: 13-cv-0851 (RJL) MOTION TO DISMISS CLAIMS AGAINST THE VERIZON DEFENDANTS, OR IN THE ALTERNATIVE FOR SUMMARY JUDGMENT, SUBMITTED BY DEFENDANT UNITED STATES DEPARTMENT OF JUSTICE PURSUANT TO SECTION 802 OF THE FOREIGN INTELLIGENCE SURVEILLANCE ACT, 50 U.S.C. 1885a(a) Defendant United States Department of Justice (“DOJ”) hereby moves to dismiss, or for summary judgment in connection with, Plaintiffs’ claims against Verizon Communications and its Chief Executive Officer, Lowell A. McAdam (collectively “Verizon Defendants”), on the ground that no cause of action may lie or be maintained against these private-party defendants pursuant to Section 802 of the Foreign Intelligence Surveillance Act of 1978 (“FISA”), as amended. See 50 U.S.C. § 1885a. Defendant DOJ submits a memorandum of points and authorities in support of this motion, as well as the public certification of the Deputy Attorney General of the United States as authorized by Section 802. Defendant DOJ also submits, through a Classified Information Security Officer, a classified supplement to its motion, solely for in camera, ex parte review, consisting of (1) a classified certification by the Deputy Attorney General as authorized by and in accordance with the statutory procedures set forth in FISA Section 802(c), 50 U.S.C. § 1885a(c), and (2) a classified declaration of Frances J. Fleisch, 1 Acting Deputy Director, National Security Agency, in support of the Deputy Attorney General’s classified certification. Defendant DOJ respectfully requests that the Court grant its motion to dismiss the Verizon Defendants pursuant to Section 802 of the FISA for the reasons described in its memorandum of law and in the classified supplement to this motion. Dated: December 16, 2013 Respectfully Submitted, STUART F. DELERY Assistant Attorney General JOSEPH H. HUNT Director, Federal Programs Branch ANTHONY J. COPPOLINO Deputy Branch Director /s/ Rodney Patton JAMES J. GILLIGAN Special Litigation Counsel MARCY BERMAN Senior Trial Counsel BRYAN DEARINGER RODNEY PATTON Trial Attorneys United States Department of Justice Civil Division, Federal Programs Branch 20 Massachusetts Avenue, N.W., Rm. 7320 Washington, D.C. 20530 Tel: (202) 305 7919 Fax: (202) 305 2685 Email: rodney.patton@usdoj.gov Attorneys for Government Defendants 2

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