Case: N.Y. Times Co. v. United States DOJ

1:18-cv-02054 | U.S. District Court for the Southern District of New York

Filed Date: March 7, 2018

Closed Date: 2018

Clearinghouse coding complete

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 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 f…

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.

Summary Authors

Lisa Limb (2/13/2019)

Related Cases

In re Carter W. Page: A U.S. Person [FISA dockets 16-1182, 17-52, 17-375, 17-679], Foreign Intelligence Surveillance Court (2016)

James Madison Project v. U.S. Department of Justice, District of Columbia (2017)

FISA Court Matters relating to disclosure of Carter Page surveillance records: Four FISC cases [FISC Misc. 18-01, Misc. 18-02, Misc. 18-03, and Misc. 19-01], Foreign Intelligence Surveillance Court (2018)

Judicial Watch, Inc. v. U.S. Department of Justice, District of Columbia (2018)

In re Accuracy Concerns Regarding FBI Matters Submitted to the FISC, Foreign Intelligence Surveillance Court (2019)

Page v. Comey, District of Columbia (2020)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/6789745/parties/the-new-york-times-company-v-department-of-justice/


Judge(s)

Torres, Analisa Nadine (New York)

Attorneys(s) for Plaintiff

McCraw, David E (New York)

Attorneys(s) for Defendant

Berman, Geoffrey S. (New York)

Krause, Andrew Edward (New York)

Judge(s)

Torres, Analisa Nadine (New York)

Attorneys(s) for Plaintiff

McCraw, David E (New York)

Attorneys(s) for Defendant

Berman, Geoffrey S. (New York)

Krause, Andrew Edward (New York)

Documents in the Clearinghouse

Document

1:18-cv-02054

Docket

Aug. 9, 2018

Aug. 9, 2018

Docket
1

1:18-cv-02054

Complaint

March 7, 2018

March 7, 2018

Complaint
12

1:18-cv-02054

Answer to Complaint

April 13, 2018

April 13, 2018

Pleading / Motion / Brief

[Redacted]

DOJ Production of Documents Responsive to FOIA Request

DOJ Production of Documents Responsive to FOIA Request

No Court

July 21, 2018

July 21, 2018

Discovery Material/FOIA Release
16

1:18-cv-02054

Stipulation and Order of Settlement and Dismissal

U.S. District Court for the Eastern District of New York

Aug. 9, 2018

Aug. 9, 2018

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/6789745/the-new-york-times-company-v-department-of-justice/

Last updated May 30, 2022, 3:19 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against Department Of Justice. (Filing Fee $ 400.00, Receipt Number 0208-14781435)Document filed by The New York Times Company, Charlie Savage.(McCraw, David) (Entered: 03/07/2018)

March 7, 2018

March 7, 2018

RECAP
2

CIVIL COVER SHEET filed. (McCraw, David) (Entered: 03/07/2018)

March 7, 2018

March 7, 2018

PACER
3

RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Other Affiliate Grupo Financiero Inbursa, S.A.B. de C.V. for The New York Times Company. Document filed by The New York Times Company.(McCraw, David) (Entered: 03/07/2018)

March 7, 2018

March 7, 2018

PACER
4

REQUEST FOR ISSUANCE OF SUMMONS as to Department of Justice, re: 1 Complaint. Document filed by Charlie Savage, The New York Times Company. (McCraw, David) (Entered: 03/07/2018)

March 7, 2018

March 7, 2018

PACER

CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Analisa Torres. Please download and review the Individual Practices of the assigned District Judge, located at http://nysd.uscourts.gov/judges/District. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at http://nysd.uscourts.gov/ecf_filing.php. (laq)

March 8, 2018

March 8, 2018

PACER

Magistrate Judge Stewart D. Aaron is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: http://nysd.uscourts.gov/forms.php. (laq)

March 8, 2018

March 8, 2018

PACER

Case Designated ECF. (laq)

March 8, 2018

March 8, 2018

PACER
5

INITIAL PRETRIAL CONFERENCE ORDER: Initial Conference set for 4/2/2018 at 10:20 AM in Courtroom 15D, 500 Pearl Street, New York, NY 10007 before Judge Analisa Torres. (As further set forth in this Order.) (Signed by Judge Analisa Torres on 3/8/2018) (cf) (Entered: 03/08/2018)

March 8, 2018

March 8, 2018

PACER
6

ELECTRONIC SUMMONS ISSUED as to Department Of Justice. (pc) (Entered: 03/09/2018)

March 9, 2018

March 9, 2018

PACER
7

NOTICE OF APPEARANCE by Andrew Edward Krause on behalf of Department Of Justice. (Krause, Andrew) (Entered: 03/16/2018)

March 16, 2018

March 16, 2018

PACER
8

LETTER MOTION to Adjourn Conference currently scheduled for April 2, 2018 addressed to Judge Analisa Torres from Andrew E. Krause dated March 19, 2018., LETTER MOTION for Extension of Time to File the parties' joint pre-conference letter and proposed scheduling order addressed to Judge Analisa Torres from Andrew E. Krause dated March 19, 2018. Document filed by Department Of Justice.(Krause, Andrew) (Entered: 03/19/2018)

March 19, 2018

March 19, 2018

RECAP
9

ORDER granting in part and denying in part 8 Letter Motion to Adjourn Conference; granting in part and denying in part 8 Letter Motion for Extension of Time to File. GRANTED in part, DENIED in part. The initial pretrial conference scheduled for April 2, 2018 is ADJOURNED to April 16, 2018, at 11:40 a.m. The parties shall file their joint letter and proposed scheduling order by April 9, 2018. (Initial Conference set for 4/16/2018 at 11:40 AM before Judge Analisa Torres.) (Signed by Judge Analisa Torres on 3/19/2018) (cf) (Entered: 03/19/2018)

March 19, 2018

March 19, 2018

RECAP
10

LETTER addressed to Judge Analisa Torres from David E. McCraw dated 04/09/2018 re: Parties' joint letter proposing schedule. Document filed by Charlie Savage, The New York Times Company.(McCraw, David) (Entered: 04/09/2018)

April 9, 2018

April 9, 2018

RECAP
11

MEMO ENDORSEMENT on re: 10 Letter filed by The New York Times Company, Charlie Savage. ENDORSEMENT: GRANTED. By May 18, 2018, the Government shall file a status letter. By July 20, 2018, the Government shall finish producing all responsive, non-exempt documents on a rolling basis. By August 3, 2018, the parties shall file a joint status letter. The initial conference scheduled for April 16, 2018 is ADJOURNED sine die. (Signed by Judge Analisa Torres on 4/10/2018) (cf) (Entered: 04/10/2018)

April 10, 2018

April 10, 2018

RECAP
12

ANSWER to 1 Complaint. Document filed by Department Of Justice.(Krause, Andrew) (Entered: 04/13/2018)

April 13, 2018

April 13, 2018

RECAP
13

STATUS REPORT. Document filed by Department Of Justice.(Krause, Andrew) (Entered: 05/18/2018)

May 18, 2018

May 18, 2018

RECAP
14

JOINT LETTER addressed to Judge Analisa Torres from Andrew E. Krause dated August 3, 2018 re: status letter, in accordance with April 10, 2018 scheduling order (Dkt. No. 11). Document filed by Department Of Justice.(Krause, Andrew) (Entered: 08/03/2018)

Aug. 3, 2018

Aug. 3, 2018

RECAP
15

PROPOSED STIPULATION AND ORDER. Document filed by Charlie Savage, The New York Times Company. (McCraw, David) (Entered: 08/09/2018)

Aug. 9, 2018

Aug. 9, 2018

RECAP
16

STIPULATION AND ORDER OF SETTLEMENT AND DISMISSAL: In exchange for The Times's agreement to dismiss this action, DOJ agrees to provide to The Times any documents responsive to The Times's FOIA Request that are released in related actions. Further, DOJ agrees to provide to The Times any publicly-released Vaughn Index from these same actions. The parties' agreement fully settles any and all claims The Times now has or may hereafter acquire against DOJ or the United States of America (the "United States"), or any department, agency, officer, or employee of DOJ and/or the United States, related to or arising out of Plaintiffs' FOIA Request at issue in this action. This action is hereby dismissed with prejudice, with each party to bear its own fees and costs, provided that the Court shall retain jurisdiction over any issues that may arise relating to this Stipulation and Order. (Signed by Judge Analisa Torres on 8/9/2018) (tn) (Entered: 08/09/2018)

Aug. 9, 2018

Aug. 9, 2018

RECAP

Case Details

State / Territory: New York

Case Type(s):

National Security

Special Collection(s):

Foreign Intelligence Surveillance Act -- All Matters

Foreign Intelligence Surveillance Court

Trump Administration FOIA cases

Key Dates

Filing Date: March 7, 2018

Closing Date: 2018

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Charlie Savage, a reporter for the New York Times, and the New York Times Company.

Plaintiff Type(s):

Private Plaintiff

Public (for-profit) corporation

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Department of Justice, Federal

Defendant Type(s):

Jurisdiction-wide

Law-enforcement

Case Details

Causes of Action:

Freedom of Information Act (FOIA), 5 U.S.C. § 552

Availably Documents:

Trial Court Docket

Complaint (any)

Non-settlement Outcome

Outcome

Prevailing Party: Plaintiff

Source of Relief:

Settlement

Form of Settlement:

Private Settlement Agreement

Content of Injunction:

Required disclosure

Issues

General:

Confidentiality

Record-keeping

Records Disclosure