KLAYMAN v. OBAMA et al
Filing
94
NOTICE Regarding Order of the Foreign Intelligence Surveillance Court by KEITH B. ALEXANDER, ERIC H. HOLDER, JR, NATIONAL SECURITY AGENCY, BARACK HUSSEIN OBAMA, II, U.S. DEPARTMENT OF JUSTICE (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Dearinger, Bryan)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
_______________________________________
)
)
LARRY KLAYMAN, et al.,
)
)
Civil Action No.
Plaintiffs,
)
1:13-cv-00851-RJL
v.
)
)
)
BARACK OBAMA, President of the
)
United States, et al.,
)
Defendants.
)
_______________________________________)
)
LARRY KLAYMAN, et al.,
)
)
)
Civil Action No.
Plaintiffs,
)
1:13-cv-00881-RJL
)
v.
)
)
BARACK OBAMA, President of the
)
United States, et al.,
)
)
Defendants.
_______________________________________)
GOVERNMENT DEFENDANTS’ NOTICE REGARDING ORDER
OF THE FOREIGN INTELLIGENCE SURVEILLANCE COURT
The Government Defendants1 hereby provide notice regarding an order issued by the
Foreign Intelligence Surveillance Court (FISC) today. On February 25, 2014, the United States
filed a motion with the FISC for leave to retain call-detail records collected under the National
Security Agency (NSA) bulk telephony metadata program beyond the five-year deadline by
which FISC orders require the records to be destroyed. See Exh. 1, attached hereto. The United
States filed that motion in order to ensure compliance with any preservation obligations the
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The “Government Defendants” are defendants Barack Obama, President of the United
States, Eric Holder, Attorney General of the United States, and General Keith B. Alexander,
Director of the National Security Agency (NSA), insofar as they are sued in their official
capacities, together with defendants NSA and the United States Department of Justice.
Government may have in this and other civil actions respecting those records. Today, the FISC
issued an order denying that motion. See Exh. 2, attached hereto. Consistent with that order, as
of the morning of Tuesday, March 11, 2014, absent a contrary court order, the United States will
commence complying with applicable FISC orders requiring the destruction of call-detail records
at this time.
Dated: March 7, 2014
Respectfully submitted,
STUART F. DELERY
Assistant Attorney General
JOSEPH H. HUNT
Director, Federal Programs Branch
ANTHONY J. COPPOLINO
Deputy Branch Director
/s/ Bryan Dearinger
JAMES J. GILLIGAN
Special Litigation Counsel
MARCIA BERMAN
Senior Trial Counsel
BRYAN DEARINGER
Trial Attorney
RODNEY PATTON
Trial Attorney
U.S Department of Justice
Civil Division, Federal Programs Branch
20 Massachusetts Ave., N.W., Room 6102
Washington, D.C. 20001
Phone: (202) 514-3358
Fax: (202) 616-8202
Bryan.Dearinger@usdoj.gov
Counsel for the Government Defendants
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