University of Michigan Law School
Civil Rights Litigation Clearinghouse
new search
page permalink
Case Name The New York Times Co. v. U.S. Department of Justice NS-NY-0020
Docket / Court 1:12-cv-03215-JSR ( S.D.N.Y. )
State/Territory New York
Case Type(s) National Security
Case Summary
On April 24, 2012, The New York Times and one of the newspaper’s reporters filed this lawsuit against the U.S. Department of Justice in the United States District Court for the Southern District of New York pursuant to the Freedom of Information Act (“FOIA”).

The plaintiffs sought ... read more >
On April 24, 2012, The New York Times and one of the newspaper’s reporters filed this lawsuit against the U.S. Department of Justice in the United States District Court for the Southern District of New York pursuant to the Freedom of Information Act (“FOIA”).

The plaintiffs sought to compel the Department of Justice to provide two specific documents cited in a memorandum from the Office of Legal Counsel regarding appointments during Senate recess periods. The two documents were: (1) Memorandum for Alberto R. Gonzales, Counsel to the President, from Jack L. Goldsmith III, Assistant Attorney General, Office for Legal Counsel, Re: Recess Appointments in the Current Recess of the Senate, and (2) Memorandum to File from John P. Elwood, Deputy Assistant Attorney General, Office of Legal Counsel, Re: Lawfulness of Making Recess Appointment During Adjournment of the Senate Notwithstanding Periodic “Pro Forma Sessions.”

On June 14, 2012, the government moved for summary judgment, and the plaintiffs then filed a cross-motion for summary judgment. On January 7, 2013, U.S. District Judge Jed S. Rakoff concluded that these documents were protected by deliberative process privilege. Therefore, the court granted the government's motion for summary judgment.

As of January 13, 2013, this case is closed.

Carolina Velarde - 10/26/2016


compress summary

- click to show/hide ALL -
Issues and Causes of Action
click to show/hide detail
Issues
Defendant-type
Jurisdiction-wide
General
Courts
Records Disclosure
Plaintiff Type
Public (for-profit) corporation
Causes of Action Freedom of Information Act (FOIA), 5 U.S.C. § 552
Defendant(s) United States Department of Justice
Plaintiff Description The New York Times and a New York Times reporter
Indexed Lawyer Organizations None on record
Class action status sought No
Class action status granted No
Prevailing Party Defendant
Public Int. Lawyer No
Nature of Relief None
Source of Relief None
Form of Settlement None on record
Order Duration not on record
Case Closing Year 2013
Case Ongoing No
Additional Resources
click to show/hide detail
Links Guest Post: New Resource — Civil Rights Litigation Clearinghouse FISA Archives
Just Security
Posted: Jun. 26, 2014
By: Margo Schlanger
[ Detail ] [ External Link ]

Docket(s)
1:12-cv-03215-JSR (S.D.N.Y.) 01/24/2013
NS-NY-0020-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Complaint 04/24/2012
NS-NY-0020-0001.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Memorandum Order 01/07/2013 (2013 WL 174222) (S.D.N.Y.)
NS-NY-0020-0002.pdf | WESTLAW | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Judges Rakoff, Jed Saul (S.D.N.Y.)
NS-NY-0020-0002 | NS-NY-0020-9000
Monitors/Masters None on record
Plaintiff's Lawyers McCraw, David E (New York)
NS-NY-0020-0001 | NS-NY-0020-9000
Defendant's Lawyers La Morte, Tara Marie (New York)
NS-NY-0020-9000
Normand, Sarah Sheive (New York)
NS-NY-0020-9000
Other Lawyers None on record

- click to show/hide ALL -

new search
page permalink

- top of page -