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 -

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