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American Civil Liberties Union et al v. Federal Bureau of Investigation et al

MEMORANDUM OF LAW in Opposition re: 58 CROSS MOTION for Summary Judgment., 40 MOTION for Summary Judgment. Plaintiffs' Memorandum of Law In Support of Cross-Motion for Summary Judgment and in Opposition to Defendants' Motion for Summary Judgment. Document

40 Cited authorities

  1. New Hampshire v. Maine

    532 U.S. 742 (2001)   Cited 4,543 times   17 Legal Analyses
    Holding that under the doctrine of judicial estoppel, “New Hampshire is equitably barred from asserting—contrary to its position in the 1970's litigation—that the inland Piscataqua River boundary runs along the Maine shore”

  2. U.S. Dept. of Justice v. Reporters Committee

    489 U.S. 749 (1989)   Cited 1,918 times   1 Legal Analyses
    Holding that disclosure of "[o]fficial information that sheds light on an agency's performance of its statutory duties falls squarely within [FOIA's] statutory purpose"

  3. Mistretta v. United States

    488 U.S. 361 (1989)   Cited 1,922 times   10 Legal Analyses
    Holding that Sentencing Reform Act of 1984, 18 U.S.C. § 3551 et seq., and 28 U.S.C. § 991 et seq., did not result in Executive's wielding legislative powers, despite either House's power to block Act's passage

  4. Nat'l Labor Relations Bd. v. Sears, Roebuck & Co.

    421 U.S. 132 (1975)   Cited 2,041 times   7 Legal Analyses
    Holding that FOIA does not compel agencies to write or create material to explain disclosed documents

  5. Nat'l Labor Relations Bd. v. Robbins Tire & Rubber Co.

    437 U.S. 214 (1978)   Cited 950 times   4 Legal Analyses
    Holding that a FOIA requestor's rights are neither “diminished” nor “enhanced” in light of a “particular, litigation-generated need for these materials”

  6. Morrison v. Olson

    487 U.S. 654 (1988)   Cited 576 times   22 Legal Analyses
    Holding an independent counsel to be an inferior officer

  7. John Doe Agency v. John Doe Corp.

    493 U.S. 146 (1989)   Cited 544 times
    Holding that records originally assembled for other purposes can come within Exemption 7 if subsequently compiled for law enforcement purposes

  8. Larson v. Department of State

    565 F.3d 857 (D.C. Cir. 2009)   Cited 598 times
    Holding that information provided by CHS that could reveal the identity of intelligence source was properly withheld

  9. Coastal States Gas Corp. v. Dept. of Energy

    617 F.2d 854 (D.C. Cir. 1980)   Cited 1,184 times   2 Legal Analyses
    Holding that when agency auditors communicate information from third parties to the agency's regional counsel and ask for legal advice, the regional counsel's written responses containing "neutral, objective analyses of agency regulations" are not privileged

  10. Judicial Watch, Inc. v. Food Drug Admin

    449 F.3d 141 (D.C. Cir. 2006)   Cited 456 times
    Holding that Exemption 6 authorized the FDA to redact the names of agency personnel from documents released in response to a FOIA request for records related to the abortifacient drug, RU-486

  11. Section 552 - Public information; agency rules, opinions, orders, records, and proceedings

    5 U.S.C. § 552   Cited 12,171 times   556 Legal Analyses
    Holding that the Court's entering of a “Stipulation and Order” approving the parties' terms of dismissal did not amount to a “court-ordered consent decree” that would render the plaintiff the prevailing party

  12. Section 1801 - Definitions

    50 U.S.C. § 1801   Cited 280 times   10 Legal Analyses
    Defining "United States person" to be a "citizen of the United States, an alien lawfully admitted for permanent residence" or certain unincorporated associations or corporations with ties to the United States

  13. Section 1803 - Designation of judges

    50 U.S.C. § 1803   Cited 68 times   1 Legal Analyses

    (a) Court to hear applications and grant orders; record of denial; transmittal to court of review (1) The Chief Justice of the United States shall publicly designate 11 district court judges from at least seven of the United States judicial circuits of whom no fewer than 3 shall reside within 20 miles of the District of Columbia who shall constitute a court which shall have jurisdiction to hear applications for and grant orders approving electronic surveillance anywhere within the United States under

  14. Section 403-1 - Transferred

    50 U.S.C. § 403-1   Cited 66 times
    Providing that "[t]he Director of National Intelligence shall protect intelligence sources and methods from unauthorized disclosure"

  15. Section 8 - Authenticated transcripts or copies of certain returns; other data; restriction on use; disposition of fees received

    13 U.S.C. § 8   Cited 42 times

    (a) The Secretary may, upon written request, furnish to any respondent, or to the heir, successor, or authorized agent of such respondent, authenticated transcripts or copies of reports (or portions thereof) containing information furnished by, or on behalf of, such respondent in connection with the surveys and census provided for in this title, upon payment of the actual or estimated cost of searching the records and furnishing such transcripts or copies. (b) Subject to the limitations contained

  16. Section 1861 - Definitions

    50 U.S.C. § 1861   Cited 33 times   6 Legal Analyses
    Providing that "[n]o person shall disclose to any other person that the [FBI] has sought or obtained tangible things pursuant to an order under" Title V of FISA

  17. Section 1871 - Semiannual report of the Attorney General

    50 U.S.C. § 1871   Cited 5 times

    (a) Report On a semiannual basis, the Attorney General shall submit to the Permanent Select Committee on Intelligence of the House of Representatives, the Select Committee on Intelligence of the Senate, and the Committees on the Judiciary of the House of Representatives and the Senate, in a manner consistent with the protection of the national security, a report setting forth with respect to the preceding 6-month period- (1) the aggregate number of persons targeted for orders issued under this chapter

  18. Section 0.25 - General functions

    28 C.F.R. § 0.25   Cited 16 times   1 Legal Analyses
    Delegating Attorney General’s authority to render legal advice to OLC