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In the United States Court of Appeals for the Fourth Circuit Joint Appendix

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In the United States Court of Appeals for the Fourth Circuit Joint Appendix USCA4 Appeal: 20-1568 Doc: 21 Filed: 08/14/2020 Pg: 1 of 213 20-1568 IN THE UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT TIMOTHY H. EDGAR; RICHARD H. IMMERMAN; MELVIN A. GOODMAN; ANURADHA BHAGWATI; MARK FALLON, Plaintiffs–Appellants v. JOHN RATCLIFFE, in his official capacity as Director of National Intelligence; GINA HASPEL, in her official capacity as Director of the Central Intelligence Agency; MARK T. ESPER, in his official capacity as Secretary of Defense; PAUL M. NAKASONE, in his official capacity as Director of the National Security Agency, Defendants–Appellees On appeal from the United States District Court for the District of Maryland — No. 8:19-cv-00985 (Hazel, J.) JOINT APPENDIX Counsel on next page USCA4 Appeal: 20-1568 Doc: 21 Filed: 08/14/2020 Pg: 2 of 213 Ethan P. Davis Jameel Jaffer Acting Assistant Attorney General Alex Abdo Ramya Krishnan Robert K. Hur Meenakshi Krishnan United States Attorney Knight First Amendment Institute at Columbia University H. Thomas Byron III 475 Riverside Drive, Suite 302 Daniel Winik New York, NY 10115 Attorneys, Appellate Staff T: (646) 745-8500 Civil Division, Room 7245 F: (646) 661-3361 U.S. Department of Justice [email protected] 950 Pennsylvania Avenue NW Washington, DC 20530 Brett Max Kaufman T: (202) 305-8849 Alexia Ramirez Vera Eidelman Attorneys for Defendants–Appellees Ben Wizner American Civil Liberties Union Foundation 125 Broad Street, 18th Floor New York, NY 10004 T: (212) 549-2500 F: (212) 549-2654 [email protected] David R. Rocah American Civil Liberties Union Foundation of Maryland 3600 Clipper Mill Road, Suite 350 Baltimore, MD 21211 T: (410) 889-8555 F: (410) 366-7838 [email protected] Attorneys for Plaintiffs–Appellants USCA4 Appeal: 20-1568 Doc: 21 Filed: 08/14/2020 Pg: 3 of 213 !"#$%&'(&)'*+%*+,& #$%&'(")*(+!',"-----------------------------------------------------------------------------------------------------"./01" 2$3456!*("7$+"#'%56+6($+8"6*9":*;<*%(!='">'5!'7"?)2@"1AB" 7!5'9"/4+!5"CB"CD1E"-------------------------------------------------------------------------------------"./0F" #'%56+6(!$*"$7"/*($!*'(('"G-"HI!*'+B":*7$+36(!$*">'=!'J" K77!%'+B"L!(!M6(!$*":*7$+36(!$*">'=!'J"K77!%'B"2'*(+65" :*('55!M'*%'"/M'*%8B"J!(I")NI!O!("/"?)2@"PD0CAB"" 7!5'9".<*'"1QB"CD1E"----------------------------------------------------------------------------------"./0RD" #'%56+6(!$*"$7"/5'N"/O9$"J!(I")NI!O!(,"/SL"?)2@"PP01AB" 7!5'9".<58"1TB"CD1E"-----------------------------------------------------------------------------------"./0RF" U'3$+6*9<3"K4!*!$*"?)2@"QTAB"7!5'9"/4+!5"1TB"CDCD"-----------------------------------"./01QR" K+9'+"?)2@"QFAB"7!5'9"/4+!5"1TB"CDCD"--------------------------------------------------------------"./0CDP" K+9'+"?)2@"QVAB"7!5'9"U68"FB"CDCD"-----------------------------------------------------------------"./0CDR" W$(!%'"$7"/44'65"?)2@"QEAB"7!5'9"U68"1CB"CDCD"---------------------------------------------"./0CDF" " !" USCA4 Appeal: 20-1568 Doc: 21 Filed: 08/14/2020 Pg: 4 of 213 !"#$%&'()&*+%,' JA-1 USCA4 Appeal: 20-1568 Doc: 21 Filed: 08/14/2020 Pg: 5 of 213 District of Maryland (CM/ECF Live 6.3.3) 8/10/20, 10!33 AM APPEAL,CLOSED U.S. District Court District of Maryland (Greenbelt) CIVIL DOCKET FOR CASE #: 8:19-cv-00985-GJH Edgar et al v. Coats et al Date Filed: 04/02/2019 Assigned to: Judge George Jarrod Hazel Date Terminated: 05/07/2020 Case in other court: USCA, 20-01568 Jury Demand: None Cause: 28:1331 Violation of Constitutional Rights Nature of Suit: 440 Civil Rights: Other Jurisdiction: U.S. Government Defendant Date Filed # Docket Text 04/02/2019 1 COMPLAINT against All Defendants ( Filing fee $ 400 receipt number 0416- 7926763.), filed by Melvin A. Goodman, Richard H. Immerman, Anuradha Bhagwati, Timothy H. Edgar, Mark Fallon. (Attachments: # 1 Civil Cover Sheet, # 2 Summons, # 3 Summons, # 4 Summons, # 5 Summons)(Rocah, David) (Entered: 04/02/2019) 04/02/2019 2 MOTION to Appear Pro Hac Vice for Brett Max Kaufman (Filing fee $100, receipt number 0416-7926828.) by Anuradha Bhagwati, Timothy H. Edgar, Mark Fallon, Melvin A. Goodman, Richard H. Immerman(Rocah, David) (Entered: 04/02/2019) 04/02/2019 3 MOTION to Appear Pro Hac Vice for Vera Eidelman (Filing fee $100, receipt number 0416-7926858.) by Anuradha Bhagwati, Timothy H. Edgar, Mark Fallon, Melvin A. Goodman, Richard H. Immerman(Rocah, David) (Entered: 04/02/2019) 04/02/2019 4 MOTION to Appear Pro Hac Vice for Naomi Gilens (Filing fee $100, receipt number 0416-7926866.) by Anuradha Bhagwati, Timothy H. Edgar, Mark Fallon, Melvin A. Goodman, Richard H. Immerman(Rocah, David) (Entered: 04/02/2019) 04/02/2019 5 MOTION to Appear Pro Hac Vice for Alex Abdo (Filing fee $100, receipt number 0416-7926872.) by Anuradha Bhagwati, Timothy H. Edgar, Mark Fallon, Melvin A. Goodman, Richard H. Immerman(Rocah, David) (Entered: 04/02/2019) 04/02/2019 6 MOTION to Appear Pro Hac Vice for Ramya Krishnan (Filing fee $100, receipt number 0416-7926880.) by Anuradha Bhagwati, Timothy H. Edgar, Mark Fallon, Melvin A. Goodman, Richard H. Immerman(Rocah, David) (Entered: 04/02/2019) 04/02/2019 7 MOTION to Appear Pro Hac Vice for Jameel Jaffer (Filing fee $100, receipt number 0416-7926890.) by Anuradha Bhagwati, Timothy H. Edgar, Mark Fallon, Melvin A. Goodman, Richard H. Immerman(Rocah, David) (Entered: 04/02/2019) 04/02/2019 8 MOTION for Other Relief to Omit Home Addresses from Caption by Anuradha Bhagwati, Timothy H. Edgar, Mark Fallon (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order)(Rocah, David) (Entered: 04/02/2019) 04/02/2019 9 Summons Issued 21 days as to Daniel Coats, Gina Haspel, Paul M. Nakasone, and https://ecf.mdd.uscourts.gov/cgi-bin/DktRpt.pl?342064171500302-L_1_0-1 Page 1 of 5 JA-2 USCA4 Appeal: 20-1568 Doc: 21 Filed: 08/14/2020 Pg: 6 of 213 District of Maryland (CM/ECF Live 6.3.3) 8/10/20, 10!33 AM Patrick M. Shanahan. (Attachments: # 1 Summons, # 2 Summons, # 3 Summons) (km4s, Deputy Clerk) (Entered: 04/02/2019) 04/03/2019 10 PAPERLESS ORDER granting 2 Motion to Appear Pro Hac Vice on behalf of Brett Max Kaufman. Attorney Brett Max Kaufman will receive a separate email with the previously issued CM/ECF login and password. Signed by Clerk on 4/3/2019. (srds, Deputy Clerk) (Entered: 04/03/2019) 04/03/2019 11 PAPERLESS ORDER granting 3 Motion to Appear Pro Hac Vice on behalf of Vera Eidelman. Directing attorney Vera Eidelman to register online for CM/ECF at http://www.mdd.uscourts.gov/electronic-case-filing-registration. Signed by Clerk on 4/3/2019. (srds, Deputy Clerk) (Entered: 04/03/2019) 04/03/2019 12 PAPERLESS ORDER granting 4 Motion to Appear Pro Hac Vice on behalf of Naomi Gilens. Directing attorney Naomi Gilens to register online for CM/ECF at http://www.mdd.uscourts.gov/electronic-case-filing-registration. Signed by Clerk on 4/3/2019. (srds, Deputy Clerk) (Entered: 04/03/2019) 04/03/2019 13 QC NOTICE: 5 Motion to Appear Pro Hac Vice filed by Mark Fallon, Timothy H. Edgar, Melvin A. Goodman, Richard H. Immerman, Anuradha Bhagwati needs to be modified. See attachment for details and corrective actions needed regarding the signature(s) on the motion. (srds, Deputy Clerk) (Entered: 04/03/2019) 04/03/2019 14 QC NOTICE: 6 Motion to Appear Pro Hac Vice filed by Mark Fallon, Timothy H. Edgar, Melvin A. Goodman, Richard H. Immerman, Anuradha Bhagwati needs to be modified. See attachment for details and corrective actions needed regarding the signature(s) on the motion. (srds, Deputy Clerk) (Entered: 04/03/2019) 04/03/2019 15 QC NOTICE: 7 Motion to Appear Pro Hac Vice filed by Mark Fallon, Timothy H. Edgar, Melvin A. Goodman, Richard H. Immerman, Anuradha Bhagwati needs to be modified. See attachment for details and corrective actions needed regarding the signature(s) on the motion. (srds, Deputy Clerk) (Entered: 04/03/2019) 04/03/2019 16 CORRECTED MOTION to Appear Pro Hac Vice for Alex Abdo by Anuradha Bhagwati, Timothy H. Edgar, Mark Fallon, Melvin A. Goodman, Richard H. Immerman. The fee has already been paid.(Rocah, David) (Entered: 04/03/2019) 04/03/2019 17 CORRECTED MOTION to Appear Pro Hac Vice for Ramya Krishnan by Anuradha Bhagwati, Timothy H. Edgar, Mark Fallon, Melvin A. Goodman, Richard H. Immerman. The fee has already been paid.(Rocah, David) (Entered: 04/03/2019) 04/03/2019 18 CORRECTED MOTION to Appear Pro Hac Vice for Jameel Jaffer by Anuradha Bhagwati, Timothy H. Edgar, Mark Fallon, Melvin A. Goodman, Richard H. Immerman. The fee has already been paid.(Rocah, David) (Entered: 04/03/2019) 04/09/2019 19 PAPERLESS ORDER granting 16 Corrected Motion to Appear Pro Hac Vice on behalf of Alex Abdo. Attorney Alex Abdo will receive a separate email with the previously issued CM/ECF login and password. Signed by Clerk on 4/9/2019. (srds, Deputy Clerk) (Entered: 04/09/2019) 04/09/2019 20 PAPERLESS ORDER granting 17 Corrected Motion to Appear Pro Hac Vice on behalf https://ecf.mdd.uscourts.gov/cgi-bin/DktRpt.pl?342064171500302-L_1_0-1 Page 2 of 5 JA-3 USCA4 Appeal: 20-1568 Doc: 21 Filed: 08/14/2020 Pg: 7 of 213 District of Maryland (CM/ECF Live 6.3.3) 8/10/20, 10!33 AM of Ramya Krishnan. Directing attorney Ramya Krishnan to register online for CM/ECF at http://www.mdd.uscourts.gov/electronic-case-filing-registration. Signed by Clerk on 4/9/2019. (srds, Deputy Clerk) (Entered: 04/09/2019) 04/09/2019 21 PAPERLESS ORDER granting 18 Corrected Motion to Appear Pro Hac Vice on behalf of Jameel Jaffer. Attorney Jameel Jaffer will receive a separate email with the previously issued CM/ECF login and password. Signed by Clerk on 4/9/2019. (srds, Deputy Clerk) (Entered: 04/09/2019) 05/06/2019 22 SUMMONS Returned Executed by Melvin A.
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