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Download Legal Document USCA Case #15-5183 Document #1583855 Filed: 11/16/2015 Page 1 of 171 [ORAL ARGUMENT NOT YET SCHEDULED] No. 15-5183 UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT _________________________ AMERICAN CIVIL LIBERTIES UNION and AMERICAN CIVIL LIBERTIES UNION FOUNDATION, Appellants, v. CENTRAL INTELLIGENCE AGENCY, et al., Appellees. ON APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA JOINT APPENDIX Arthur B. Spitzer Hina Shamsi American Civil Liberties Union of the Ashley Gorski Nation’s Capital American Civil Liberties Union 4301 Connecticut Avenue, NW–Suite 434 Foundation Washington, DC 20008 125 Broad Street–18th Floor T: 202.457.0800 New York, New York 10004 F: 202.452.1868 T: 212.549.2500 [email protected] F: 212.549.2654 [email protected] Counsel for Appellants November 16, 2015 USCA Case #15-5183 Document #1583855 Filed: 11/16/2015 Page 2 of 171 ACLU v. CIA, No. 15-5183 (D.C. Cir.) JOINT APPENDIX TABLE OF CONTENTS U.S. District Court for the District of Columbia, Docket Sheet, Case No. 13 Civ. 01870 ............................................................................. JA 1 Declaration of Neal Higgins, Director, Office of Congressional Affairs, Central Intelligence Agency (Feb. 28, 2014), ECF No. 17-2 .................. JA 12 American Civil Liberties Union, Second Amended Complaint (June 6, 2014), ECF No. 28 ..................................................................... JA 23 Hearing Transcript, Status Conference (Oct. 7, 2014) ............................ JA 36 Declaration of Neal Higgins, Director, Office of Congressional Affairs, Central Intelligence Agency (Jan. 21, 2015), ECF No. 39-1 .................. JA 54 Ex. A—American Civil Liberties Union, Freedom of Information Act Request (Feb. 13, 2013) ................................................................. JA 66 Ex. B—Letter, Michelle Meeks, Information & Privacy Coordinator, Central Intelligence Agency, to Mitra Ebadolahi, American Civil Liberties Union, Feb. 22, 2013 ...................................................... JA 78 Ex. C—American Civil Liberties Union, Freedom of Information Act Request (May 6, 2014) .................................................................. JA 80 Ex. D—Letter, Sen. Dianne Feinstein & Sen. Christopher Bond to The Hon. Leon Panetta, June 2, 2009 ................................................... JA 91 Ex. E—Email, David Grannis, Staff Director, Senate Select Committee on Intelligence, to [redacted] and Mark David Agrast, Director of Office of Congressional Affairs, Dec. 13, 2012 ......... JA 97 Ex. F— Press Release, Sen. Dianne Feinstein, Intelligence Committee Votes to Declassify Portions of CIA Study (Apr. 3, 2014) ........... JA 99 i USCA Case #15-5183 Document #1583855 Filed: 11/16/2015 Page 3 of 171 Declaration of Julia E. Frifield, Assistant Secretary of the Bureau of Legislative Affairs, U.S. Department of State (Jan. 21, 2015), ECF No. 39-2 ......................................................................................... JA 102 Declaration of Mark H. Herrington, Associate Deputy General Counsel, Department of Defense (Jan. 21, 2015), ECF No. 39-3 ........................ JA 106 Declaration of Peter J. Kadzik, Assistant Attorney General, Office of Legislative Affairs, U.S. Department of Justice (Jan. 21, 2015), ECF No. 39-4 ......................................................................................... JA 109 Ex. A—American Civil Liberties Union, Freedom of Information Act Request (May 6, 2014) ................................................................ JA 113 Ex. B—Letter, Vanessa R. Brinkmann, Senior Counsel, U.S. Department of Justice, to Ashley Gorski, American Civil Liberties Union, May 22, 2014 ................................................................... JA 124 Letter, Sen. Dianne Feinstein to The Hon. Barack Obama, Dec. 14, 2012, ECF No. 41-1 ......................................................................................... JA 126 Letter, Sen. Dianne Feinstein to The Hon. Barack Obama, Apr. 7, 2014, ECF No. 41-2 ......................................................................................... JA 129 Letter, Sen. Dianne Feinstein to The Hon. Barack Obama, Dec. 10, 2014, ECF No. 41-3 ......................................................................................... JA 132 Letter, Sen. Richard Burr to The Hon. Barack Obama, Jan. 14, 2015, ECF No. 41-4 ......................................................................................... JA 135 Letter, Sen. Dianne Feinstein to The Hon. Barack Obama, Jan. 16, 2015, ECF No. 41-5 ......................................................................................... JA 137 Order (May 20, 2015), ECF No. 51 ....................................................... JA 140 Opinion (May 20, 2015), ECF No. 52 ................................................... JA 141 Notice of Appeal (June 26, 2015), ECF No. 53 .................................... JA 167 ii Case 1:13-cv-01870-JEB Document 54 Filed 06/26/15 Page 1 of 40 USCA Case #15-5183 Document #1583855 Filed: 11/16/2015APPEAL,CLOSED,TYPE Page 4 of 171 I−FOIA U.S. District Court District of Columbia (Washington, DC) CIVIL DOCKET FOR CASE #: 1:13−cv−01870−JEB AMERICAN CIVIL LIBERTIES UNION et al v. CENTRAL Date Filed: 11/26/2013 INTELLIGENCE AGENCY Date Terminated: 05/21/2015 Assigned to: Judge James E. Boasberg Jury Demand: None Case: 1:13−cv−01324−JEB Nature of Suit: 895 Freedom of Cause: 05:552 Freedom of Information Act Information Act Jurisdiction: U.S. Government Defendant Plaintiff AMERICAN CIVIL LIBERTIES represented by Arthur B. Spitzer UNION AMERICAN CIVIL LIBERTIES UNION OF THE NATION'S CAPITAL 4301 Connecticut Avenue, NW Suite 434 Washington, DC 20008 (202) 457−0800 x1004 Fax: (202) 457−0805 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED Hina Shamsi AMERICAN CIVIL LIBERTIES UNION FOUNDATION 125 Broad Street 18th floor New York, NY 10004 (212) 284−7321 Fax: (212) 549−2654 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED Alexander Abdo AMERICAN CIVIL LIBERTIES UNION FOUNDATION 125 Broad Street 18th Floor New York, NY 10004 (212) 549−2517 Fax: (212) 549−2654 Email: [email protected] PRO HAC VICE ATTORNEY TO BE NOTICED Ashley Gorski JA 1 1 Case 1:13-cv-01870-JEB Document 54 Filed 06/26/15 Page 2 of 40 USCA Case #15-5183 Document #1583855 Filed:AMERICAN 11/16/2015 CIVIL LIBERTIESPage 5 of 171UNION FOUNDATION 125 Broad Street 18th Floor New York, NY 10004 (212) 284−7305 Fax: (212) 549−2654 Email: [email protected] PRO HAC VICE ATTORNEY TO BE NOTICED Dror Ladin AMERICAN CIVIL LIBERTIES UNION FOUNDATION Immigrant's Rights Project 125 Broad Street 18th Floor New York, NY 10004 (212) 284−7303 Fax: (212) 549−2654 Email: [email protected] PRO HAC VICE Plaintiff AMERICAN CIVIL LIBERTIES represented by Arthur B. Spitzer UNION FOUNDATION (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Hina Shamsi (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Alexander Abdo (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED Ashley Gorski (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED Dror Ladin (See above for address) PRO HAC VICE V. Defendant JA 2 2 Case 1:13-cv-01870-JEB Document 54 Filed 06/26/15 Page 3 of 40 USCACENTRAL Case #15-5183INTELLIGENCE Document #1583855represented Filed:by Vesper 11/16/2015 Mei Page 6 of 171 AGENCY U.S. DEPARTMENT OF JUSTICE Federal Programs Branch Civil Division P.O. Box 883 Washington, DC 20044 (202) 514−4686 Fax: (202) 616−8202 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED Defendant DEPARTMENT OF DEFENSE represented by Vesper Mei (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Defendant DEPARTMENT OF JUSTICE represented by Vesper Mei (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Defendant DEPARTMENT OF STATE represented by Vesper Mei (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Date Filed # Page Docket Text 11/26/2013 1 COMPLAINT against CENTRAL INTELLIGENCE AGENCY ( Filing fee $ 400 receipt number 0090−3547825) filed by AMERICAN CIVIL LIBERTIES UNION, AMERICAN CIVIL LIBERTIES UNION FOUNDATION. (Attachments: # 1 Civil Cover Sheet, # 2 Summons CIA Summons, # 3 Summons AG Summons, # 4 Summons US Atty Summons, # 5 Supplement Rule 7.1 Statement)(Shamsi, Hina) (Entered: 11/26/2013) 11/26/2013 2 NOTICE OF RELATED CASE by AMERICAN CIVIL LIBERTIES UNION, AMERICAN CIVIL LIBERTIES UNION FOUNDATION. Case related to Case No. 13−cv−1324(JEB). (Shamsi, Hina) (Entered: 11/26/2013) 11/26/2013 Case Assigned to Judge James E. Boasberg. (md, ) (Entered: 11/26/2013) 11/26/2013 3 ELECTRONIC SUMMONS (3) ISSUED as to CENTRAL INTELLIGENCE AGENCY, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Summons 2nd, # 2 Summons 3rd, # 3 Notice of Consent, # 4 Consent Form)(md, ) (Entered: 11/26/2013) 11/26/2013 4 NOTICE of Appearance by Arthur B. Spitzer on behalf of AMERICAN CIVIL JA 3 3 Case 1:13-cv-01870-JEB Document 54 Filed 06/26/15 Page 4 of 40 USCA Case #15-5183 Document #1583855 Filed: 11/16/2015 Page 7 of 171 LIBERTIES UNION, AMERICAN CIVIL LIBERTIES UNION FOUNDATION (Spitzer, Arthur) (Entered: 11/26/2013) 11/27/2013 5 MOTION for Leave to Appear Pro Hac Vice :Attorney Name− Alex Abdo, :Firm− American Civil Liberties Union Foundation, :Address− 125 Broad Street, 18th Floor. Phone No. − 212−549−2517. Fax No. − 212−549−2654 by AMERICAN CIVIL LIBERTIES UNION, AMERICAN CIVIL LIBERTIES UNION FOUNDATION (Attachments: # 1 Declaration, # 2 Text of Proposed Order)(Shamsi, Hina)
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