KLAYMAN v. OBAMA et al

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, ).

UNITED STATES DISTRICT COURT
DISTRICT OF COLUMBIA
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Plaintiffs,
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v.
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BARACK OBAMA, President of the
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United States, et al.,
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Defendants.
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____________________________________)
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,

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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: [phone]
Fax: [phone]
Email: [e-mail]
Attorneys for Government Defendants

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