Case Detail

FOIA Project Annotation: Judge Thomas Hogan has rejected EFF's request that he reconsider his previous ruling concerning whether Foreign Intelligence Surveillance Court orders it sought from the Justice Department primarily addressed legal issues rather than operational details of the NSA surveillance program. EFF claimed that an August 3, 2007 article in the Washington Post reported that the FISC judge "secretly declared a key element of the Bush administration's wiretapping efforts illegal. . ." The primary source of the article was House Republican Minority Leader John Boehner, who apparently made the comments during an interview with Fox News. A Boehner spokesman also said Boehner's statement was based on a January 17, 2007 letter from former Attorney General Alberto Gonzales. EFF contended the article lent support to its claims that the FISC orders pertained to legal analyses. Hogan, however, found that the Post article actually contradicted EFF's position and pointed out that "there is nothing whatsoever in the newspaper article that offers any support for the contention that the FISC issued a ruling on or before January 17, 2007 that addressed the legality of the NSA's so-called warrantless surveillance program." Saying that the article contained no new information that had not been available to the court before it made it prior ruling, Hogan indicated that "there is nothing in the newspaper article that suggests the Justice Department misrepresented the facts in either the public or classified declarations in this case, or that it acted in bad faith."
Issues: Litigation - Jurisdiction

Date Filed	Doc #	Docket Text
2007-02-27	1	COMPLAINT against DEPARTMENT OF JUSTICE ( Filing fee $ 350 receipt number 4616002563)filed by ELECTRONIC FRONTIER FOUNDATION.(lc, ) (Entered: 03/01/2007)
2007-02-27	2	LCvR 7.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by ELECTRONIC FRONTIER FOUNDATION (lc, ) (Entered: 03/01/2007)
2007-02-27		SUMMONS (3) issued as to DEPARTMENT OF JUSTICE, U.S. Attorney and U.S. Attorney General (lc, ) (Entered: 03/01/2007)
2007-02-28		Case Reassigned to Judge Ricardo M. Urbina. Judge James Robertson no longer assigned to the case. (lc, ) (Entered: 03/02/2007)
2007-03-23	3	NOTICE of Appearance by Rupa Bhattacharyya on behalf of DEPARTMENT OF JUSTICE (Bhattacharyya, Rupa) (Entered: 03/23/2007)
2007-03-23	4	ANSWER to Complaint by DEPARTMENT OF JUSTICE. Related document: 1 Complaint filed by ELECTRONIC FRONTIER FOUNDATION.(Bhattacharyya, Rupa) (Entered: 03/23/2007)
2007-04-12		Case Reassigned to Chief Judge Thomas F. Hogan. Judge Ricardo M. Urbina no longer assigned to the case. (jeb, ) (Entered: 04/12/2007)
2007-04-17	5	ORDER setting an initial scheduling conference to take place on May 8, 2007, at 10:30 AM in Courtroom 25A before Chief Judge Thomas F. Hogan. Signed by Chief Judge Thomas F. Hogan on April 17, 2007. (lctfh2) (Entered: 04/17/2007)
2007-04-17		Set Hearings: Initial Scheduling Conference set for 5/8/2007 at 10:30 AM in Courtroom 25A before Chief Judge Thomas F. Hogan. (hs,) (Entered: 04/17/2007)
2007-05-07		NOTICE of RESCHEDULED Hearing:Initial Scheduling Conference set for 5/8/2007 at 10:30AM reset for 11:30 AM in Courtroom 25A before Chief Judge Thomas F. Hogan. (hs,) (Entered: 05/07/2007)
2007-05-08		Minute Entry. Proceedings held before Chief Judge Thomas F. Hogan : Scheduling Conference held on 5/8/2007. Plaintiff's Opposition/Cross Motions to Summary Judgement Motion due by 6/4/2007,Government's Opposition/Response to Cross Motions due by 6/25/2007,If needed Plaintiff's Reply to Cross Motions due by 7/2/2007. Status Conference set for 7/25/2007 at 11:00 AM in Courtroom 25A before Chief Judge Thomas F. Hogan. (Court Reporter Cathryn Jones.) (hs,) (Entered: 05/08/2007)
2007-05-09	6	SCHEDULING ORDER attached setting deadlines for depositive motions and scheduling a hearing to present oral arguments regarding same. Dispositive Motions due by 5/11/2007, Response to Dispositive Motions due by 6/4/2007, Reply to Dispositive Motions due by 6/25/2007, Cross Motions due by 6/4/2007, Response to Cross Motions due by 5/25/2007, Reply to Cross Motions due by 7/2/2007, Motion Hearing set for 7/25/2007 11:00 AM in Courtroom 25A before Chief Judge Thomas F. Hogan. Signed by Chief Judge Thomas F. Hogan on May 9, 2007. (Entered: 05/09/2007)
2007-05-10		Set Deadlines/Hearings: Defendant's Summary Judgment motion due by 5/11/2007. Plaintiff's Cross-Motion for Summary Judgment and Opposition to Motion for Summary Judgment due by 6/4/2007. Defendant's Opposition to Cross-Motion for Summary Judgment and Reply in Support of Motion for Summary Judgment due by 6/25/2007. Plaintiff's Reply in Support of Cross-Motion for Summary Judgment due by 7/2/2007. Motion Hearing set for 7/25/2007 11:00 AM in Courtroom 25A before Chief Judge Thomas F. Hogan. (lctfh2, ) (Entered: 05/10/2007)
2007-05-11	7	MOTION for Summary Judgment by DEPARTMENT OF JUSTICE (Attachments: # 1 Exhibit A -- Declaration of Matthew G. Olsen# 2 Statement of Facts)(Bhattacharyya, Rupa) (Entered: 05/11/2007)
2007-05-11	8	ERRATA by DEPARTMENT OF JUSTICE 7 MOTION for Summary Judgment filed by DEPARTMENT OF JUSTICE. (Attachments: # 1 )(Bhattacharyya, Rupa) (Entered: 05/11/2007)
2007-06-04	9	Memorandum in opposition to re 7 MOTION for Summary Judgment filed by ELECTRONIC FRONTIER FOUNDATION. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D# 5 Exhibit E# 6 Exhibit F)(Sobel, David) (Entered: 06/04/2007)
2007-06-04	10	Cross MOTION for In Camera Review by ELECTRONIC FRONTIER FOUNDATION (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D# 5 Exhibit E# 6 Exhibit F)(Sobel, David) (Entered: 06/04/2007)
2007-06-25	11	Memorandum in opposition to re 10 Cross MOTION for In Camera Review and Reply in Support of 7 Motion for Summary Judgment filed by DEPARTMENT OF JUSTICE. (Attachments: # 1 Exhibit Ex. A - Redacted Olsen Declaration)(Bhattacharyya, Rupa) (Entered: 06/25/2007)
2007-06-25	12	NOTICE of Lodging of Classified Exhibit for Court's In Camera, Ex Parte Review by DEPARTMENT OF JUSTICE re 11 Memorandum in Opposition (Bhattacharyya, Rupa) (Entered: 06/25/2007)
2007-06-25	13	REPLY to opposition to motion re 7 MOTION for Summary Judgment filed by DEPARTMENT OF JUSTICE. (see docket entry 11 to view documents) (lc, ) (Entered: 06/26/2007)
2007-07-02	14	REPLY to opposition to motion re 10 Cross MOTION for In Camera Review filed by ELECTRONIC FRONTIER FOUNDATION. (Sobel, David) (Entered: 07/02/2007)
2007-07-04	15	Consent MOTION to Continue Motion Hearing by DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order)(Bhattacharyya, Rupa) (Entered: 07/04/2007)
2007-07-09		MINUTE ORDER granting 15 Consent Motion to Continue Hearing, which requests to reschedule the hearing currently set to take place on July 25, 2007. Accordingly, the hearing shall now take place on July 26, 2007, at 11:00 a.m. in Courtroom 25A. Signed by Chief Judge Thomas F. Hogan on July 9, 2007. (lctfh2) (Entered: 07/09/2007)
2007-07-09		Set/Reset Hearings: Motion Hearing set for 7/26/2007 11:00 AM in Courtroom 25A before Chief Judge Thomas F. Hogan. (lctfh2) (Entered: 07/09/2007)
2007-08-03	16	MOTION for Reconsideration by ELECTRONIC FRONTIER FOUNDATION (Attachments: # 1 Exhibit A)(Sobel, David) (Entered: 08/03/2007)
2007-08-14	17	MEMORANDUM OPINION. Signed by Chief Judge Thomas F. Hogan on August 14, 2007. (lctfh2) (Entered: 08/14/2007)
2007-08-14	18	ORDER granting 7 Defendant's Motion for Summary Judgment and denying 10 Plaintiff's Cross-Motion for In Camera Review. Signed by Chief Judge Thomas F. Hogan on August 14, 2007. (lctfh2) (Entered: 08/14/2007)
2007-08-14	19	Memorandum in opposition to re 16 MOTION for Reconsideration filed by DEPARTMENT OF JUSTICE. (Bhattacharyya, Rupa) (Entered: 08/14/2007)
2007-08-17	20	CLERK'S JUDGMENT; in favor of The Department of Justice, against Electronic Frontier Foundation ordered by Chief Judge Thomas F. Hogan on 8/14/07. (hs,) (Entered: 08/17/2007)
2007-09-18	21	NOTICE of Change of Address by Marcia Clare Hofmann (Hofmann, Marcia) (Entered: 09/18/2007)
2007-12-14	22	NOTICE of Relevant Authority by DEPARTMENT OF JUSTICE re 16 MOTION for Reconsideration, 19 Memorandum in Opposition (Attachments: # 1 FISC Order)(Bhattacharyya, Rupa) (Entered: 12/14/2007)
2008-01-29	23	MEMORANDUM OPINION. Signed by Chief Judge Thomas F. Hogan on January 29, 2008. (lctfh2) (Entered: 01/29/2008)
2008-01-29	24	ORDER re 16 Plaintiff's Motion for Reconsideration. Signed by Chief Judge Thomas F. Hogan on January 29, 2008. (lctfh2) (Entered: 01/29/2008)
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