COCKRUM et al v. DONALD J. TRUMP FOR PRESIDENT, INC. et al

Filing 36

MOTION for Leave to File Amicus Curiae Brief by FORMER NATIONAL SECURITY OFFICIALS (Attachments: # 1 Exhibit Amicus Curiae Brief, # 2 Text of Proposed Order)(Spector, Phillip)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA

ROY COCKRUM, et al.,
Plaintiffs,
v.

Case No. 1:17-cv-1370-ESH
Date: December 8, 2017

DONALD J. TRUMP FOR PRESIDENT,
INC., et al.,
Defendants.

MOTION FOR LEAVE OF FORMER NATIONAL SECURITY OFFICIALS
AS AMICI CURIAE IN SUPPORT OF NEITHER PARTY

Harold Hongju Koh
RULE OF LAW CLINIC
Yale Law School
127 Wall Street, P.O. Box 208215
New Haven, CT 06520-8215
203-432-4932
[e-mail]

Phillip Spector (D.C. Bar No. 479121)
MESSING & SPECTOR LLP
1200 Steuart St. #2112
Baltimore MD 21230
202-277-8173
[e-mail]

Counsel for Amici Curiae

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Proposed amici curiae, a group of former national security officials identified below,
respectfully submit this motion seeking leave to file under Local Civil Rule 7(o) the
accompanying amicus curiae brief attached as an exhibit in support of neither party in the abovecaptioned case.
1.

This Court has recognized that district courts have “inherent authority” from Rule

29 of the Federal Rules of Appellate Procedure to “appoint or deny amici.” Jin v. Ministry of
State Sec., 557 F. Supp. 2d 131, 136 (D.D.C. 2008) (citation omitted). “Accordingly, it is solely
within the discretion of the Court to determine the fact, extent, and manner of participation by
the amicus.” Cobell v. Norton, 246 F. Supp. 2d 59, 62 (D.D.C. 2003) (citation omitted). An
amici curiae brief is appropriate at the trial court level when amici participation is beneficial to
the Court. See Cobell, 246 F. Supp. 2d at 62 (“An amicus curiae, defined as ‘friend of the
court,’... does not represent the parties but participates only for the benefit of the Court.”)
(citation omitted). This Court has recognized that amici submitting briefs that are “helpful and
of interest to the Court in the instant litigation” should be given leave to file. Cobell, 246 F.
Supp. 2d at 62; see also Ellsworth Assocs., Inc. v. United States, 917 F. Supp. 841, 846 (D.D.C.
1996) (“[A] court may grant leave to appear as an amicus if the information offered is timely and
useful.”) (citation and internal quotations omitted). Furthermore, a court may approve a motion
to file an amicus curiae brief “when the amicus has unique information or perspective that can
help the court beyond the help that the lawyers for the parties are able to provide.” Jin, 557 F.
Supp. 2d at 137 (citation omitted). Local Civil Rule 7(o)(3) provides that an “amicus brief shall
be filed within such time as the Court may allow.”
2.

Proposed amici curiae are former national security, foreign policy and intelligence

officials with decades of experience in Russian security and intelligence practices. They have

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served at senior levels in the administrations of Presidents of both parties, including in senior
roles in the intelligence agencies of the United States. They have devoted decades to combating
the threats the United States faces in a dynamic and dangerous world. Amici do not take a
position on the specific allegations in the Complaint in this case. They write instead to offer
their unique expertise and perspective, informed by their decades of work inside the U.S.
government on intelligence and foreign policy matters involving the Russian government, on a
specific question of national security that is relevant to and may bear on the Court’s
consideration of this case—whether and how Russia uses local actors inside a country to
facilitate “active measures” or disinformation campaigns.
3.

Proposed amici are:

a.

John O. Brennan served as Director of the Central Intelligence Agency from 2013 to
2017. He previously served as Deputy National Security Advisor for Homeland Security
and Counterterrorism and Assistant to the President from 2009 to 2013.

b.

William J. Burns served as Deputy Secretary of State from 2011 to 2014. He previously
served as Under Secretary of State for Political Affairs from 2008 to 2011, and as U.S.
Ambassador to Russia from 2005 to 2008.

c.

Michael Carpenter served as Deputy Assistant Secretary of Defense for Russia, Ukraine,
and Eurasia from 2015 to 2017. He previously served as a foreign policy advisor to Vice
President Joe Biden and as Director for Russia at the National Security Council.

d.

James Clapper served as U.S. Director of National Intelligence from 2010 to January 20,
2017.

e.

Philip H. Gordon served as Assistant Secretary of State for European and Eurasian
Affairs from 2009 to 2013. He also served as Special Assistant to the President and
White House Coordinator for the Middle East, North Africa and the Gulf; and Director
for European Affairs at the National Security Council.

f.

Avril D. Haines served as Deputy National Security Advisor to the President of the
United States from 2015 to January 20, 2017. From 2013 to 2015, she served as Deputy
Director of the Central Intelligence Agency.

g.

Steven L. Hall retired from the Central Intelligence Agency in 2015 after 30 years of
running and managing intelligence operations in Eurasia and Latin America. Mr. Hall

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was responsible for CIA Russian operations, overseeing intelligence operations in the
countries of the former Soviet Union and the former Warsaw Pact.
h.

General (ret.) Michael V. Hayden, USAF, served as Director of the Central Intelligence
Agency from 2006 to 2009. From 1995 to 2005, he served as Director of the National
Security Agency.

i.

Michael McFaul served as U.S. Ambassador to the Russian Federation from January
2012 to February 2014. Before becoming ambassador, he served for three years as a
special assistant to the president and senior director for Russian and Eurasian Affairs at
the National Security Council.

j.

Michael J. Morell served as Acting Director of the Central Intelligence Agency in 2011
and from 2012 to 2013; as Deputy Director of the Central Intelligence Agency from 2010
to 2013; and as a career official from 1980 onward. His duties included briefing
Presidents George W. Bush and Barack Obama.

k.

Stephen Sestanovich served from 1997 to 2001 as ambassador-at-large and special
adviser to the Secretary of State for the new independent states (including Russia) of the
former Soviet Union. Earlier, he served as senior director for policy development (from
1985 to 1987); director of political-military affairs from (1984 to 1985) at the National
Security Council.

l.

John Sipher retired in 2014 after a 28-year career in the Central Intelligence Agency’s
National Clandestine Service. John served multiple overseas tours as Chief of Station and
Deputy Chief of Station in Europe, Asia, Southeast Asia, the Balkans, and South Asia.

m.

Julianne Smith served as Deputy National Security Advisor to Vice President Joe Biden
from 2012 to 2013. Before her post at the White House, she served for three years
as the Principal Director for European and NATO Policy in the Office of the
Secretary of Defense in the Pentagon.

n.

Strobe Talbott served as Deputy Secretary of State from 1994 to 2001.
4.

Counsel for proposed amici sought the consent of counsel for the Plaintiffs and

the Defendants for the relief requested by this Motion. Counsel for the Plaintiffs consented to
the relief requested by this Motion. Counsel for the Defendants consented to this motion on the
condition that it was filed by December 8, 2017, and the Court approves the Defendants’ motion
for an extension of time for their reply brief on their motion to dismiss to December 29, 2017.

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5.

This Motion seeking leave to file the attached amicus curiae brief in support of

Plaintiffs, is filed well in advance of the close of briefing on defendants’ motion to dismiss and
any hearing by this Court, and so does not unduly delay the Court’s ability to rule on any matter.
6.

Proposed amici therefore respectfully request leave to file an amicus brief in

support of neither party.
Dated: December 8, 2017
Respectfully submitted,
_______/s/_________
Phillip Spector (D.C. Bar No. 479121)
MESSING & SPECTOR LLP
1200 Steuart Street #2112
Baltimore, MD 21230
202-277-8173
[e-mail]

Harold Hongju Koh
RULE OF LAW CLINIC
Yale Law School
127 Wall Street
P.O. Box 208215
New Haven, CT 06520-8215
203-432-4932
[e-mail]

Counsel for Amici Curiae

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CERTIFICATE OF SERVICE
I, Phillip Spector, hereby certify that on December 8, 2017, the foregoing document was
filed and served through the CM/ECF system.
Respectfully submitted,
______ /s/_________
Phillip Spector (D.C. Bar No. 479121)
MESSING & SPECTOR LLP
1200 Steuart Street
#2112
Baltimore, MD 21230
202-277-8173
[e-mail]
Counsel for Amici Curiae

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