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)

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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 1 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 2

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