Case 1:14-cv-09763-VM Document 44 Filed 08/28/15 Page 16 of 35
the court will now turn to the application of the Mukasey
standard,
as reflected in Sections 2709 and 3511,
portions
of
the
that
Attachment
Merrill
is
to the
currently
prohibited from discussing publicly.
B. Al'PLICA'l'ION TO
The
Court
satisfied
its
now
'l'HE
AT'l'ACBMl!:N'l'
turns
to
whether
burden of showing a
the
Goverrunent
good reason
has
exists
to
believe that disclosure of the Attachment could result in a
statutorily
ongoing
enumerated
investigation
harm
to
related
protect
to
an
against
authorized
international
terrorism or clandestine intelligence activities.
Government
The
that
argues
disclosure
of
the
Attachment would reveal law enforcement techniques that the
FBI
has
not
acknowledged
in
the
context
of
NSLs,
would
indicate the types of information the FBI deems important
for
investigative
purposes,
and
could
lead
to
potential
targets of investigations changing their behavior to evade
law enforcement detection.
agrees
that
constitute
{See Gov't Mem. at 6.) The Court
such
reasons
could,
•good"
reasons
for
Circuit stated in Mukasey,
in
some
disclosure.
circumstances,
As
the
Second
•it is obvious and unarguable
met its burden of showing a 'good reaso11• to expect that disclosure
will risk an enumerated har111, and 'some !basis• to conclude that the
disclosure is linked to the risk.• (Gov't Reply Mem. at 8.)
- 16 -
اختر الفقرة المستهدفة3
الاتصال بفقرة
Connect to an entity
Disable highlights
أضف إلى جدول المحتويات