Order and Memorandum Opinion, In re Proceedings Required by Section 702(i) of the FISA Amendments Act of 2008

Holding, Findings, and Matters of Law

Denying ACLU’s motion (a) to be notified of the caption and briefing schedule for any proceedings under §702(i) in which the Court would consider legal questions relating to the scope, meaning, and constitutionality of the FAA; (b) that the Government be required to file public versions of its legal briefs with selective redactions; (c) that the ACLU be granted leave to file a legal brief addressing the constitutionality of the FAA and to participate in oral argument before the Court; and (d) that any legal opinions issued by the Court be made available to the public, with only the redactions necessary to protect information properly classified; and citing the Aug. 9, 2007 determination that (1) the common law and (2) the First Amendment provide no public right of access because the records being sought, although different from the earlier case, are subject to the same comprehensive statutory scheme.

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