University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name N.Y. Times Co. v. United States DOJ NS-NY-0024
Docket / Court 1:18-cv-02054-AT ( S.D.N.Y. )
State/Territory New York
Case Type(s) National Security
Special Collection Foreign Intelligence Surveillance Act -- All Matters
Foreign Intelligence Surveillance Court
Trump Administration FOIA cases
Case Summary
The Foreign Intelligence Surveillance Act (FISA) requires the government to obtain a warrant from the Foreign Intelligence Surveillance Court (FISC) before it may conduct any domestic electronic surveillance to acquire foreign intelligence information. The warrant applications are made ex parte and ... read more >
The Foreign Intelligence Surveillance Act (FISA) requires the government to obtain a warrant from the Foreign Intelligence Surveillance Court (FISC) before it may conduct any domestic electronic surveillance to acquire foreign intelligence information. The warrant applications are made ex parte and must include a sworn statement by a federal officer of the facts and circumstances relied upon to justify the government's belief that the target of surveillance is a foreign power or an agent of a foreign power. Once a FISC judge receives a warrant application, the judge can order approval of the surveillance only if the judge finds that there is probable cause to believe that the target of the electronic surveillance is a foreign power or an agent of a foreign power. Because the orders only authorize surveillance up to 90 days, the government must file an application for an extension that meets the same requirements as the initial warrant application and obtain a renewal order from the FISC for continued surveillance. For the Civil Rights Litigation Clearinghouse collection of FISA matters, see our special collection.

On January 29, 2018, the House Permanent Select Committee on Intelligence (HPSCI) voted to disclose a memorandum (the Nunes Memo) revealing existence of a FISA warrant for the electronic surveillance of Carter Page, who served as a onetime foreign policy advisor to the Trump Campaign until September 2016. The Nunes Memo was declassified by President Donald Trump on February 2, 2018. The Nunes Memo revealed that on October 21, 2016, the Department of Justice (DOJ) and the Federal Bureau of Investigations (FBI) sought and received a probable cause order from the FISC authorizing electronic surveillance on Carter Page. The Nunes Memo further disclosed that in addition to the initial warrant application, the government had received three renewal orders from the FISC.

On February 6, 2018, reporters Adam Goldman and Charlie Savage, along with the New York Times, filed a motion in the FISC for release of all court records, including opinions and application materials, in reference to the surveillance of Carter Page. See Misc. 18-01, NS-DC-0126 in this Clearinghouse.

On March 7, 2018, reporter Charlie Savage and the New York Times Company also 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) for the same documents they requested in their FISC motion: the release of all documents regarding the surveillance of Carter Page.

On July 21, 2018, the DOJ produced redacted documents it considered responsive to the FOIA request. See In re Carter W. Page, NS-DC-0127 in this Clearinghouse.

On August 9, 2018, the parties stipulated to settle their claims. In exchange for The Times's agreement to dismiss this action, the DOJ agreed to provide to the Times any additional documents responsive to The Times's FOIA Request that are released in any related actions. On August 9, 2018, United States District Judge Analisa Torres approved the settlement. The case is now closed.

Lisa Limb - 02/13/2019


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Issues and Causes of Action
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Issues
Content of Injunction
Required disclosure
Defendant-type
Jurisdiction-wide
Law-enforcement
General
Confidentiality
Record-keeping
Records Disclosure
Plaintiff Type
Private Plaintiff
Public (for-profit) corporation
Causes of Action Freedom of Information Act (FOIA), 5 U.S.C. ยง 552
Defendant(s) Department of Justice
Plaintiff Description Charlie Savage, a reporter for the New York Times, and the New York Times Company.
Class action status sought No
Class action status granted No
Filed Pro Se No
Prevailing Party Plaintiff
Public Int. Lawyer No
Nature of Relief Release of Requested Documents
Source of Relief Settlement
Form of Settlement Private Settlement Agreement
Filing Year 2018
Case Closing Year 2018
Case Ongoing No
Case Listing NS-DC-0126 : In re Orders & Records of this Court Related to the Surveillance of Carter Page [FISA Docket Misc. 18-01] (FISC)
NS-DC-0127 : In re Carter W. Page, a U.S. Person (FISC)
Additional Resources
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  Carter Page FISA Documents Are Released by Justice Department
Date: Jul. 21, 2018
By: Charlie Savage (The New York Times)
[ Detail ] [ External Link ]

Docket(s)
1:18-cv-02054-AT (S.D.N.Y.)
NS-NY-0024-9000.pdf | Detail
Date: 08/09/2018
Source: PACER [Public Access to Court Electronic Records]
General Documents
Complaint [ECF# 1]
NS-NY-0024-0001.pdf | Detail
Date: 03/07/2018
Source: PACER [Public Access to Court Electronic Records]
Answer to Complaint [ECF# 12]
NS-NY-0024-0002.pdf | Detail
Date: 04/13/2018
Source: PACER [Public Access to Court Electronic Records]
DOJ Production of Documents Responsive to FOIA Request
NS-NY-0024-0004.pdf | Detail
Date: 07/21/2018
Stipulation and Order of Settlement and Dismissal [ECF# 16] (E.D.N.Y.)
NS-NY-0024-0003.pdf | Detail
Date: 08/09/2018
Source: PACER [Public Access to Court Electronic Records]
show all people docs
Judges Torres, Analisa Nadine (S.D.N.Y.) show/hide docs
NS-NY-0024-0003 | NS-NY-0024-9000
Plaintiff's Lawyers McCraw, David E (New York) show/hide docs
NS-NY-0024-0001 | NS-NY-0024-0003 | NS-NY-0024-9000
Defendant's Lawyers Berman, Geoffrey S. (New York) show/hide docs
NS-NY-0024-0002
Krause, Andrew Edward (New York) show/hide docs
NS-NY-0024-0002 | NS-NY-0024-0003 | NS-NY-0024-9000

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