Filed Date: April 24, 2012
Closed Date: 2013
Clearinghouse coding complete
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.
Summary Authors
Carolina Velarde (10/26/2016)
For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/12960875/parties/the-new-york-times-company-v-united-states-department-of-justice/
Rakoff, Jed Saul (New York)
McCraw, David E (New York)
La Morte, Tara Marie (New York)
Morte, Tara Marie (New York)
Normand, Sarah Sheive (New York)
See docket on RECAP: https://www.courtlistener.com/docket/12960875/the-new-york-times-company-v-united-states-department-of-justice/
Last updated Dec. 17, 2024, 8:47 p.m.
Docket sheet not available via the Clearinghouse.State / Territory: New York
Case Type(s):
Key Dates
Filing Date: April 24, 2012
Closing Date: 2013
Case Ongoing: No
Plaintiffs
Plaintiff Description:
The New York Times and a New York Times reporter
Plaintiff Type(s):
Public (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), Federal
Defendant Type(s):
Case Details
Causes of Action:
FOIA (Freedom of Information Act), 5 U.S.C. § 552
Available Documents:
Outcome
Prevailing Party: Defendant
Nature of Relief:
Source of Relief:
Issues
General/Misc.: