Misc. 13-08 & 16-01 (FISC 2018)
Annotate this CaseThis opinion or order relates to an opinion or order originally issued on November 7, 2013.
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ll.S. F1l;~; FI Giel ffJrr.:-· ·;·..:,..::,.I·~~ ~! ; r;q r·" ;, / "t· ;- : ~':Ci~; v C. vun lc.ii'":J\t E COUHT 1 UNITED STATES FOREIGN INTELLIGENCE SURVEILLANCE COURT.?0 I8JUN WASHINGTON, D.C. 13 PM 3: 05 LEEAtm FLYNN HAL! CLERM OF COURT IN RE OPINIONS & ORDERS ISSUED BY THIS COURT ADDRESSING BULK COLLECTION OF DATA UNDER THE FOREIGN INTELLIGENCE SURVEILLANCE ACT IN RE OPINIONS & ORDERS OF THIS COURT CONTAINING NOVEL OR SIGNIFICANT INTERPRETATIONS OF LAW Docket No. Misc. 13-08 Docket No. Misc. 16-01 MOTION TO CONSOLIDATE DOCKET NOS. MISC. 13-08 & 16-01 For reasons of judicial economy and to avoid unnecessary delay, Movants respectfully request that the Court join Docket Nos. Misc. 13-08 and 16-01 for resolution. The Court has ordered the parties to brief the question of subject matter jurisdiction in No. Misc. 13-08, which was filed on November 7, 2013. See Mot. for Release of Court Records (No. Misc. 13-08). Presently pending before the Court is another right-of-access motion filed by Movant American Civil Liberties Union on October 19, 2016. See Mot. for Release of Court Records (No. Misc. 16-01 ). That motion seeks access to FISC opinions containing novel or significant interpretations of law issued between September 11, 2001, and the passage of the USA Freedom Act on June 2, 2015. 1 The motion was fully briefed on the merits nearly a year ago, as of June 29, 2017. Nonetheless, no decision has been issued nor has the Court requested additional briefing from the parties on any of the jurisdictional issues raised in this proceeding. 1 Uniting and Strengthening America by Fulfilling Rights and Ensuring Effective Discipline Over Monitoring Act ("USA FREEDOM Act"), Pub. L. No. 114-23, 129 Stat. 268 (2015). Because the legal issues raised by the two motions overlap extensively, including the question of subject matter jurisdiction addressed in the briefing underway in No. Misc. 13-08, Movants respectfully request that the Court join the two matters for resolution. Consideration of the two motions together will significantly promote judicial economy because it will allow both cases to be fully briefed and addressed in this Court without delay-and will avoid the need for a further round of jurisdictional briefing in No. Misc. 16-01, where the parties have not had the opportunity to address these issues. Proceeding sequentially, by contrast, will extend the timeline for resolution and add to the Court's workload. Given the similarity of the claims of access underlying both motions, consolidation will align both matters for an ultimate decision. 2 CONCLUSION For the foregoing reasons, Movants respectfully request that the Court consolidate Docket Nos. Misc. 13-08 and 16-01 for resolution. Dated: June 13, 2018 Respectfully submitted, Isl Patrick Toomey David A. Schulz Hannah Bloch-Wehba John Langford Media Freedom & Information Access Clinic* Abrams Institute Yale Law School P.O. Box 208215 New Haven, CT 06520 Phone: (203) 436-5827 Patrick Toomey Brett Max Kaufman American Civil Liberties Union Foundation 125 Broad Street, 18th Floor New York, NY 10004 Phone: (212) 549-2500 Fax: (212) 549-2654 ptoomey@aclu.org i l I I I 2 Movants conferred with the government concerning this motion to join the two matters. The government indicated that it opposes consolidation. * This motion has been prepared with the assistance of Yale Law School student, Christine D'alessandro. The motion does not purport to present the institutional views of Yale Law School, if any. I! I ! l ! i i t I i 2 ' ~: r t l f l r Fax: (203) 432-3034 david.schulz@ylsclinics.org Alex Abdo Jameel Jaffer Knight First Amendment Institute at Columbia University 475 Riverside Drive, Suite 302 New York, NY 10115 Phone: (646) 745-8500 alex.abdo@knightcolumbia.org Arthur B. Spitzer Scott Michelman American Civil Liberties Union Foundation of the District of Columbia 915 15th Street NW, 2nd Floor Washington, D.C. 20005 Phone: (202) 457-0800 Fax: (202) 457-0805 aspitzer@acludc.org Counsel for Movants I I II ! I l I I ~ 3 t f I CERTIFICATE OF SERVICE I, Patrick Toomey, certify that on this day, June 13, 2018, a copy of the foregoing motion was served on the following persons by the methods indicated: By email and UPS delivery Maura L. Peterson Litigation Security Group U.S. Department of Justice 2 Constitution Square 145 N Street, N .E. Suite 2W-115 Washington, DC 20530 Maura.L.Peterson@usdoj .gov By email and UPS delivery Jeffrey Smith Counsel, Appellate Unit U.S. Department of Justice National Security Division 950 Pennsylvania Ave., N.W. Washington, DC 20530 Jeffrey .Smith5@usdoj.gov By email and UPS delivery Laura Donohue Georgetown University Law Center 600 New Jersey Ave., N.W. Washington, DC 20001 ldk@georgetown.edu Isl Patrick Toomey Patrick Toomey
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