Litigation
NSC provides legal
representation to clients involved in administrative proceedings and
litigation involving national security law, information and privacy law, and
related issues. If you wish to discuss possible representation, please contact
Kel McClanahan.
NSC also files independent lawsuits in furtherance of its FOIA
efforts. All efforts will be made to post substantive litigation files
here for public review.
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The original NFOIC press release can be found
here.
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UPDATE: On Feb. 22, 2012,
NSC received an additional litigation grant to file a fourth
related lawsuit against the CIA for several additional FOIA
practices, as well as a class action challenge to the CIA's promulgation
of a new regulation allowing it to charge excessive fees for Mandatory
Declassification Review requests.
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Case files:
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National Security Counselors v. Central Intelligence
Agency, Defense Intelligence Agency, Department of Justice, Department
of State, National Security Agency, and Office of the Director of
National Intelligence, Civil Action No. 11-445 (BAH)
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Apr. 22, 2011 - Received FOIA/PA Training Materials
from NSA. See Document Vault to review.
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Oct. 20, 2011 - Received FOIA/PA
Training Materials from State.
See Document Vault to review (will be posted soon).
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National Security Counselors v. Central Intelligence
Agency, Civil Action No. 11-444 (BAH)
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May 26, 2011 - Received descriptions of
two records indexing systems from CIA. See Document
Vault to review.
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Aug. 31, 2011 - Received
large collection of FOIA correspondence from CIA.
See Document Vault to review (will
be posted soon).
- Dec. 20, 2011 - CIA Brief
for Summary Judgment
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National Security Counselors v. Central Intelligence
Agency, Civil Action No. 11-443 (BAH)
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National
Security Counselors, Kathryn Sack, Jeffrey Stein, and Mark
Zaid v. Central Intelligence Agency and Office of the Director of National
Intelligence, Civil Action No. 12-284 (BAH)
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Feb. 28, 2011 - NSC filed a lawsuit in the U.S. District
Court for the District of Columbia against the Central Intelligence Agency
and the Defense Intelligence Agency to obtain historical records that have
been the subject of a 13-year-old FOIA request, as well as to obtain
records about CIA's declassification procedures.
- Feb. 14, 2012 - NSC filed a lawsuit in the U.S.
District Court for the District of Columbia on behalf of itself and
journalist Jason Leopold against the Central Intelligence Agency and several other federal agencies to enforce the FOIA requirement that agencies must provide estimated dates
of completion to requesters.
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Leopold and
National Security Counselors v. Central Intelligence
Agency, Department of Defense, Department of Energy, Department of Justice, Department of the Treasury, National Archives and Records Administration, and Office of the Director of National Intelligence,
Civil Action No. 12-245 (BAH)
As privacy interests permit, NSC will also make available select pleadings
from cases in which it has represented clients. These case files are
intended as educational materials, to allow other litigants who find
themselves faced with similar issues to benefit from our
work.
- Feb. 5, 2010 - NSC filed a lawsuit in the U.S.
District Court for the District of Columbia on behalf of a British author
writing a book
about the
role played by the United States and United Kingdom in the development of
the Iraqi Oil Law.
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Muttitt v. United States Central
Command, Department
of
Defense, Department of State, and Department of the Treasury,
Civil Action No. 10-202 (BAH)
- July 26, 2010 - Richard Tarzia, an immigration
and asylum attorney, filed a pro se lawsuit in the U.S. District
Court for the Southern District of New York
seeking records and documentation underlying a State Department monograph on China. NSC began representing him
on Nov. 29, 2010.
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