Case 1:14-cv-09763-VM Document 44 Filed 08/28/15 Page 27 of 35
the
risk
of
harm
•substantial.•
. ··argues,...
-
F\1rthermore,
li
••
-•
as
Merrill
(See Pl. Mem.
at
19; Pl. Reply Mem. at ll, 21-22.)
Therefore, the Court finds that the Government has not
demonstrated
targets
of
a
good
national
reason
to
security
believe
that
investigations
their behavior to evade detection,
potential
will
change
or that disclosure of
the Attachment in its entirety would create a
substantial
risk of one of the statutorily enumerated harms.
The Court's ruling here is consistent with the Court's
prior
decisions
relating
to
the
NSL
issued
to
Merrill.
First, the present challenge can be factually distinguished
from Doe III and
~·
In Doe III, this Court found that
the Government had carried its burden of
reason
to
including
keep
the
confidential.
ongoing,
of
~~
identity
In Doe IV,
of
NSL
letter
and
the
recipient
good
Attachment,
and
target,
while the investigation remained
the court found that specific information in the
Attachment
scope
the
showing a
could
be
disclosed:
information that
the
both
material
NSL statute
within
identifies
the
as
permissible for the FBI to obtain through the use of NSLs,
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