KLAYMAN v. OBAMA et al

Filing 79

MOTION to Supplement the Record by LARRY E. KLAYMAN, CHARLES STRANGE, MARY ANN STRANGE (Klayman, Larry)

IN UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
LARRY KLAYMAN, et. al
Plaintiffs,
v.
BARACK HUSSEIN OBAMA II, et. al
Civil Action Nos. 13-cv-851
&
13-cv-881

Defendants.

MOTION TO SUPPLEMENT THE RECORD CONCERNING RECENT ANONYMOUS
NSA PUBLIC DISCLOSURES OVER METADATA COLLECTION
Plaintiffs hereby advise the Court, and move to place on the record, recent calculated
disclosures of misleading and false national security information by the National Security
Agency (“NSA”) and other former and current intelligence officials designed to try to influence
judicial and other authorities, as well as congressional oversight. Specifically, as set forth in the
attached public disclosures by so-called anonymous sources of the Defendants in the Washington
Post, New York Times and elsewhere (Exhibits 1), the NSA now conveniently claims that its
metadata collection is very limited. This contradicts previous material disclosures and forced
admissions of the agency and the other Defendants, as well as whistleblower Edward Snowden,
and is a reason why this Court, to clear up these contradictory NSA disclosures concerning
metadata collection and to uncover the truth, should respectfully not stay this case and order
discovery to proceed forthwith, through suitable means to protect national security. Given their

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disclosures, however, misleading and obviously false1, it would appear that the Defendants feel
free to make these calculated disclosures which compromise national security and which if made
by ordinary citizens would constitute serious felonies, while persons like whistleblower Snowden
are threatened with imminent prosecution.
Defendants oppose this motion.

Dated: February 10, 2014
Respectfully submitted,
/s/ Larry Klayman
Larry Klayman, Esq.
General Counsel
Freedom Watch, Inc.
D.C. Bar No. 334581
2020 Pennsylvania Ave. NW, Suite 345
Washington, DC 20006
Tel: [phone]
Email: [e-mail]
Attorney for Himself, Pro Se, and Plaintiffs

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As set forth in prior pleadings on this Court’s record, Defendants have a long history and
pattern of being reprimanded by courts and Congress for repeatedly making misleading, false
and perjurious statements regarding their metadata collection.
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CERTIFICATE OF SERVICE

I HEREBY CERTIFY that on this 10th day of February, 2014, a true and correct copy of the
foregoing Motion to Supplement the Record Concerning Recent Anonymous NSA Public
Disclosures Over Metadata Collection (Civil Action Nos. 13-cv-851 and 12-cv-881) was
submitted electronically to the District Court for the District of Columbia and served via
CM/ECF upon the following:

James J. Gilligan
Special Litigation Counsel
Civil Division, Federal Programs Branch
U.S. Department of Justice
P.O. Box 883
Washington, D.C. 20044
[phone]
Email: [e-mail]
Randolph D. Moss
WILMER CUTLER PICKERING HALE & DORR LLP
1875 Pennsylvania Avenue, NW
Washington, DC 20006
[phone]
Fax: [phone]
Email: [e-mail]
Attorneys for Defendants.

Respectfully submitted,
/s/ Larry Klayman
Larry Klayman, Esq.
General Counsel
Freedom Watch, Inc.
D.C. Bar No. 334581
2020 Pennsylvania Ave. NW, Suite 345
Washington, DC 20006
Tel: [phone]
Email: [e-mail]

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