Case 1:14-cv-09763-VM Document 44 Filed 08/28/15 Page 28 of 35
and material that the FBI has publicly acknowledged it has
previously requested by means of NSLa. ~ 703 F. Supp. 2d
at 316.
Since
then,
the
Government's
investigation
has
been
closed, and the parties have reached agreement that Merrill
can identify himself as the 2004 NSL recipient and disclose
the identity of the target. Now, unlike earlier iterations
of
this
keeping
litigation,
the
protecting
relevant
the
Attachment
law
to
asserted Government
confidential
enforcement
future
or
is
found
reason."
such
a
found
that
~the
on
information
potential
national
to
ate n.
6.)
Government
in Doe IV,
However,
has
that
is
security
constitute
did not make such a broad statement there.
Court
solely
sensitive
justification
(Gov't Reply Mem.
in
based
investigations. The Government argues that,
Court
interest
a
the
•good
the Court
In Doe IV,
demonstrated
the
a
reasonable likelihood that disclosure of the Attachment in
its
entirety
could
inform
enforcement investigations,
current
targets
of
law
including the particular target
of the Government's ongoing inquiry in this action, as well
as,
potentially,
future targets.•
703 F.
Supp.
2d at 317.
The Government claims that the term "future targets• were
•obviously,
not
the
subjects
of
- 28 -
1m
'ongoing'
underlying
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents