Case 1:14-cv-09763-VM Document 44 Filed 08/28/15 Page 32 of 35 only two such hypothetical circumstances in which Merrill could prevail: exists, or a a world in which no world in which the accord and its own time, threat FlilI, of terrorism acting on its own decides to disclose the contents of the Attachment. Such a result implicates serious issues, both with respect to the First Amend~ent and accountability of the government to the people.n As Judge Cardamone warned in his concurrence in Doe v. Gonzales, a shroud of democratic secrecy in perpetuity concepts and do not •a ban on speech and are fit antithetical comfortably fundamental rights guaranteed American citizens, unending secrecy could •serve as a cover to with the H and such for possible official misconduct and/or incompetence.• 449 F.3d at 422. Because shown a pursuant to Section 3511, should not) continued his that the Government has not good reason for continued non-disclosure Attachment, (and the Court finds First consider Merrill's non-disclosure Amendment here rights the Court that the a the need not other arguments constitutes and of that violation Government of has exceeded its statutory authority for non-disclosure in the » Such unending secrecy ie aleo at odde with President Obama• e '2014 remarks, in which he directed the Attarney General to limit the duration of NSL gag orders. (See Manes Deel, Bx. S.> 32 -