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Merrill v. Holder et al

REPLY MEMORANDUM OF LAW in Support re: 24 MOTION to Dismiss . MOTION for Summary Judgment . and in opposition to plaintiff's motion 16 . Document

22 Cited authorities

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

    421 U.S. 132 (1975)   Cited 2,043 times   7 Legal Analyses
    Holding that FOIA does not compel agencies to write or create material to explain disclosed documents

  2. Bond v. U.S.

    564 U.S. 211 (2011)   Cited 466 times   3 Legal Analyses
    Holding an individual charged for violation of a federal statute had prudential standing to claim the statute was invalid "on grounds that, by enacting it, Congress exceeded its power under the Constitution, thus intruding upon the sovereignty and authority of the States"

  3. Wolf v. C.I.A

    473 F.3d 370 (D.C. Cir. 2007)   Cited 515 times
    Holding that an "official acknowledgment waiver relates only to the existence or nonexistence of the records," and remanding "to the district court where the CIA must either disclose any officially acknowledged records or establish both that their contents are exempt from disclosure and that such exemption has not also been waived"

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

    617 F.2d 854 (D.C. Cir. 1980)   Cited 1,185 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

  5. In re City of New York

    607 F.3d 923 (2d Cir. 2010)   Cited 261 times
    Holding that the law enforcement privilege prevented disclosure of NYPD Field Reports containing "detailed information about the undercover operations of the NYPD" which, if revealed, would "hinder the NYPD's ability to conduct future undercover investigations"

  6. Fitzgibbon v. C.I.A

    911 F.2d 755 (D.C. Cir. 1990)   Cited 391 times
    Holding that, after Sims, domestic intelligence sources are protected to the same extent as foreign sources

  7. Brooklyn v. Legal Service

    462 F.3d 219 (2d Cir. 2006)   Cited 95 times
    Holding that an individual does not have standing to bring a Tenth Amendment claim

  8. Wilson v. C.I.A

    586 F.3d 171 (2d Cir. 2009)   Cited 71 times
    Holding that "anything short of an [official disclosure] necessarily preserves some increment of doubt regarding the reliability of the publicly available information"

  9. Pickup v. Brown

    740 F.3d 1208 (9th Cir. 2014)   Cited 61 times
    Holding professional speech is viewed "along a continuum"

  10. Frugone v. Central Intelligence Agency

    169 F.3d 772 (D.C. Cir. 1999)   Cited 91 times
    Holding that disclosures are not "official" when "made by someone other than the agency from which the information is being sought"

  11. Rule 25 - Substitution of Parties

    Fed. R. Civ. P. 25   Cited 10,714 times   11 Legal Analyses
    Providing for the automatic substitution at the district-court level of public officers sued in their official capacities

  12. Section 2511 - Interception and disclosure of wire, oral, or electronic communications prohibited

    18 U.S.C. § 2511   Cited 2,784 times   42 Legal Analyses
    Imposing a penalty on persons who “intentionally intercept ... any wire, oral, or electronic communication”

  13. Section 2709 - Counterintelligence access to telephone toll and transactional records

    18 U.S.C. § 2709   Cited 45 times   8 Legal Analyses
    Containing the NSL non-disclosure requirement mandating that "no [ECSP] . . . shall disclose to any person that the [FBI] has sought or obtained access to information or records under this section"

  14. Section 3511 - Judicial review of requests for information

    18 U.S.C. § 3511   Cited 21 times   5 Legal Analyses

    (a) The recipient of a request for records, a report, or other information under section 2709(b) of this title, section 626(a) or (b) or 627(a) of the Fair Credit Reporting Act, section 1114(a)(5)(A) of the Right to Financial Privacy Act, or section 802(a) of the National Security Act of 1947 may, in the United States district court for the district in which that person or entity does business or resides, petition for an order modifying or setting aside the request. The court may modify or set aside

  15. Section 5326 - Records of certain domestic transactions

    31 U.S.C. § 5326   Cited 2 times   14 Legal Analyses

    (a) IN GENERAL.-If the Secretary of the Treasury finds, upon the Secretary's own initiative or at the request of an appropriate Federal or State law enforcement official, that reasonable grounds exist for concluding that additional recordkeeping and reporting requirements are necessary to carry out the purposes of this subtitle or to prevent evasions thereof, the Secretary may issue an order requiring any domestic financial institution or nonfinancial trade or business or group of domestic financial