Case 1:14-cv-09763-VM Document 44 Filed 08/28/15 Page 17 of 35 that no governmental interest is more compelling than the security of the nation." 453 Agee, U.S. 380, F.3d at 878 549 307 (1981)). (q\lotin51 Haig v. Similarly, the Second Circuit has indicated that the government has a compelling interest "combat ting in crime, and corruption, racketeering." sanitation & Recyclin9 Indus., Inc. v. City 107 F.3d 985, 1997). such parallel some of of New York, interests (2d 998 the Cir. Section enumerated 2709 harms - - i.e., whether disclosure could implicate a danger to the national interference security a with of criminal, counterintelligence investigation. Court held, courts the cannot, United counterterrorism, However, consistent as simply accept disclosure would interests. The Government must still provide a the and basis to assure itself . create . a or First the Government's assertions implicate or the Mukasey with Amendment, ~some States risk to that these court with that the link between disclosure and risk of harm is substantial.• see Mukasey, 549 F.3d at 881 Here, the (emphasis added). Government has not demonstrated a good reason to expect that public disclosure of the parts of the Attachment that remain confidential would risk one of these enumerated harms; nor has the Government provided the Court - 17 -

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