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
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