Case 1:14-cv-09763-VM Document 44 Filed 08/28/15 Page 29 of 35
investigation."
point,
the
targets"
(Gov't
Reply
Government
referred
to
Mem.
assumes
at
too
Doe_!Y
in
8
n.
6.)
The
much,
were,
On
more
that
•future
accurately,
was not yet closed or publicly known. 12
In any event,
changed
since
Merrill's
investigation
prohibits
as discussed su12ra,
has
the
closed,
Of
disclosure
investigation's
receipt
target,
the
of
many,
no
not
longer
or
identity
it
the
NSL
Government
Merrill's
and
circumstances have
all,
the
of
the
redacted investigative techniques at issue here have been
disclosed
strains
by
other
credulity
government
that
agencies.
future
Therefore,
targets
of
it
other
investigations would change their behavior in light of the
currently-redacted information,
when those targets
(which,
according to the Government,
see Perdue Deel.
~
56) have access to much of
" The Court is not holding that there <1.re r>o circumatancee in which the
Government might be <t.ble to provide a •goo• reaaon" for non-diaclosure,
even when that reason is keyed to authori~ed investigations to protect
against international terrorism or clandes¢ine intelligence activities,
generally, rather than to a particul<1.r on9oing investigation. Instead,
based on the facts and s\lbmissions before it, the Government has not
satief ied itB burden that there is a good reason to expect that
disclosure here
with these particular tactual circumstances
raises a substantial risk that any of the statutorily enumerated harme
would occur.
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