Case 1:14-cv-09763-VM Document 44 Filed 08/28/15 Page 15 of 35
government-initiated review of a non-disclosure requirement
after notice by the recipient of
non-disclosure requirement.
18
intent to challenge
u.s.c.
§
the
35ll(b) (l) (A). And
no longer does Section 3511 state that courts are to give a
conclusive presumption, absent bad faith,
to the official's
certification. Now, under Section 3511:
Standard. -- A district court of the United States
shall issue a nondisclosure order
if the court
determines that there is re~son to believe that
disclosure
of
the
information
subject
to
the
nondisclosure requirement during the applicable time
period may result in (A)
(B)
(C)
(D)
18
u.s.c.
a danger to the national security of the United
States;
interference with a criminal, counterterrorism,
or counterintelligence investigation;
interference with diplomatic relations; or
danger to the life or physical safety of any
person.
§
351l(b) (3).
The Court agrees with the Government that, at least as
concerns the relevant statutory provisions for the case at
hand,
the amended Sections 2709 and 3511 codify the Mukasey
standard
requirement
for
judicial
i.e.,
review
of
a
non-disclosure
that the Government has the burden to
show that a good reason exists to expect that disclosure of
receipt of an NSL will risk an enumerated harm.' Therefore,
' The Government argues that • [u) ltimatel.y. the question under [the
amended Sec:tionl 270~ (C:) and [Muka&eyl is, whether the government ha&
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