Filed Date: June 3, 2014
Closed Date: 2015
Clearinghouse coding complete
On June 3, 2014, the New York Times and NYT reporter Charlie Savage filed this lawsuit in the U.S. District Court for the Southern District of New York. The plaintiffs sued the Department of Justice (DOJ) under the Freedom of Information Act (FOIA). They sought production of Foreign Intelligence Surveillance Court (FISC) rulings interpreting surveillance law since 9/11 after the government failed to release these documents in response to a FOIA request. Represented by in-house counsel, the plaintiffs sought a declaration that the documents sought were public and must be disclosed, an order requiring the defendant to produce the documents within 20 days, and attorneys' fees and costs.
As a result of Edward Snowden’s release of classified documents in 2013, it became evident that FISC engaged legal analysis interpreting constitutional rights and surveillance statutes. Though the government began selectively declassifying FISC rulings, many documents remained secret. The New York Times submitted a FOIA request on March 12, 2014 to obtain FISC documents related to rulings on the sharing of raw data without private information removed between government agencies and attempts to approve of a warrantless surveillance under the Foreign Intelligence Service Act but failed to receive any documents.
While this litigation was pending, the DOJ produced redacted versions of the FISC documents to the plaintiffs. The parties settled the case with plaintiffs' stipulation to voluntary dismissal. On October 28, 2015, Judge Vernon S. Broderick accepted the stipulation and dismissed the case with prejudice. The documents were then posted at Savage's website here, and are reposted by the Clearinghouse. The case is now closed.
Summary Authors
Emily Kempa (6/8/2019)
For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/13245485/parties/the-new-york-times-company-v-united-states-department-of-justice/
Broderick, Vernon Speede (New York)
Baranetsky, Diana Victoria (New York)
Ashcroft, John (District of Columbia)
Baker, James A. (District of Columbia)
Bharara, Preetinder S. (New York)
Broderick, Vernon Speede (New York)
Carr, James G. (Ohio)
Conway, John Edwards (New Mexico)
Davis, Michael James (Minnesota)
Gorton, Nathaniel M. (Massachusetts)
Hilton, Claude M. (Virginia)
Kollar-Kotelly, Colleen (District of Columbia)
McLaughlin, Mary A. (Pennsylvania)
Robertson, James (District of Columbia)
Stafford, William Henry Jr. (Florida)
See docket on RECAP: https://www.courtlistener.com/docket/13245485/the-new-york-times-company-v-united-states-department-of-justice/
Last updated April 19, 2024, 3:09 a.m.
State / Territory: New York
Case Type(s):
Special Collection(s):
Key Dates
Filing Date: June 3, 2014
Closing Date: 2015
Case Ongoing: No
Plaintiffs
Plaintiff Description:
The New York Times and a reporter for The New York Times
Plaintiff Type(s):
Closely-held (for profit) corporation
Public Interest Lawyer: No
Filed Pro Se: No
Class Action Sought: No
Class Action Outcome: Not sought
Defendants
United States Department of Justice (Washington D.C.), Federal
Defendant Type(s):
Case Details
Causes of Action:
Freedom of Information Act (FOIA), 5 U.S.C. § 552
Available Documents:
Outcome
Prevailing Party: Plaintiff
Source of Relief:
Form of Settlement:
Issues
General: