Case 1:14-cv-09763-VM Document 44 Filed 08/28/15 Page 6 of 35
v. Holder,
665 F. Supp. 2d 426 (S.D.N.Y. 2009)
("Doe III"),
the Court found the Mukasey standard satisfied.
held
that
~good
a
reason"
existed
to
The court
believe
that
"disclosure may result in a harm related to an authorized
ongoing
investigation
to
protect
against
international
terrorism or clandestine intelligence activities," and that
the
"link between disclosure
~at
substantial."
Following
Doe
and the
risk of
harm
[was]
432.
_.!_g,
Merrill
moved
for
partial
reconsideration of Doe III as it applied to the Attachment.
See
Doe
v.
Holder,
703
F.
Supp.
2d
313
(S.D.N.Y.
2010)
( "J::)C)e IV" l . The Court granted the motion in part and denied
it
in
Court
part,
found
ordering
that
certain
information
two categories
of
the Attachment should be disclosed:
disclosed.
The
material contained in
(1) material within the
scope of what the NSL statute identifies as permissible for
the FBI to obtain through the use of NSLs, and (2) material
that
the
FBI
has
publicly acknowledged
requested by means of NSLs.
~ee
~
it
at 316.
has
previously
The Court was
•not persuaded that disclosure of these two categories of
information would raise a substantial risk that any of the
statutorily enumerated harms would occur.•
~
As
to
the
rest of the Attachment, the Court found that the Government
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