Case: American Civil Liberties Union v. Department of Justice

America Civil Liberties Union v. Department of Justice

COMPLAINT against Department of Defense, Department of Justice, including its component Office of Legal Counsel, Department of State. (Filing Fee $ 405.00, Receipt Number ANYSDC-32105524)Document filed by American Civil Liberties Union, Center for Constitutional Rights, American Civil Liberties Union Foundation. (Attachments: # 1 Exhibit FOIA Request).(Stein, Jeffrey) (Entered: 12/09/2025)

1 Exhibit FOIA Request

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CIVIL COVER SHEET filed..(Stein, Jeffrey) (Entered: 12/09/2025)

FILING ERROR - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Department of Justice, including its component Office of Legal Counsel, re: 1 Complaint,. Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation, Center for Constitutional Rights..(Stein, Jeffrey) Modified on 12/10/2025 (jgo). (Entered: 12/09/2025)

FILING ERROR - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Department of State, re: 1 Complaint,. Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation, Center for Constitutional Rights..(Stein, Jeffrey) Modified on 12/10/2025 (jgo). (Entered: 12/09/2025)

FILING ERROR - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Department of Defense, re: 1 Complaint,. Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation, Center for Constitutional Rights..(Stein, Jeffrey) Modified on 12/10/2025 (jgo). (Entered: 12/09/2025)

RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation, Center for Constitutional Rights..(Stein, Jeffrey) (Entered: 12/09/2025)

REQUEST FOR ISSUANCE OF SUMMONS as to Department of Justice, including its component Office of Legal Counsel, re: 1 Complaint,. Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation, Center for Constitutional Rights..(Stein, Jeffrey) (Entered: 12/10/2025)

REQUEST FOR ISSUANCE OF SUMMONS as to Department of State, re: 1 Complaint,. Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation, Center for Constitutional Rights..(Stein, Jeffrey) (Entered: 12/10/2025)

REQUEST FOR ISSUANCE OF SUMMONS as to Department of Defense, re: 1 Complaint,. Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation, Center for Constitutional Rights..(Stein, Jeffrey) (Entered: 12/10/2025)

NOTICE OF APPEARANCE by Ifeyinwa Chikezie on behalf of American Civil Liberties Union, American Civil Liberties Union Foundation, Center for Constitutional Rights..(Chikezie, Ifeyinwa) (Entered: 12/10/2025)

NOTICE OF APPEARANCE by Jeffrey Stein on behalf of American Civil Liberties Union, American Civil Liberties Union Foundation, Center for Constitutional Rights..(Stein, Jeffrey) (Entered: 12/10/2025)

NOTICE OF APPEARANCE by Perry Grossman on behalf of American Civil Liberties Union, American Civil Liberties Union Foundation, Center for Constitutional Rights..(Grossman, Perry) (Entered: 12/10/2025)

NOTICE OF APPEARANCE by Brett Max Kaufman on behalf of American Civil Liberties Union, American Civil Liberties Union Foundation, Center for Constitutional Rights..(Kaufman, Brett) (Entered: 12/10/2025)

Case Opening Initial Assignment Notice

CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Paul A. Engelmayer. Please download and review the Individual Practices of the assigned District Judge, located at https://nysd.uscourts.gov/judges/district-judges. 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 https://nysd.uscourts.gov/rules/ecf-related-instructions..(jgo)

Magistrate Judge Sarah Netburn is designated to handle matters that may be referred in this case. 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: https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (jgo)

Case Designation

Case Designated ECF. (jgo)

Case Designated ECF

Notice to Attorney Regarding Deficient Request for Issuance of Summons

***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Jeffrey Stein to RE-FILE Document No. 5 Request for Issuance of Summons, 4 Request for Issuance of Summons, 3 Request for Issuance of Summons,. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the issuance of summons is not correct; the PDF attached is not the Freedom of Information Act summons form. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (jgo)

ELECTRONIC SUMMONS ISSUED as to Department of Defense..(jgo) (Entered: 12/11/2025)

ELECTRONIC SUMMONS ISSUED as to Department of Justice..(jgo) (Entered: 12/11/2025)

ELECTRONIC SUMMONS ISSUED as to Department of State..(jgo) (Entered: 12/11/2025)

NOTICE OF APPEARANCE by Baher Azmy on behalf of American Civil Liberties Union, American Civil Liberties Union Foundation, Center for Constitutional Rights..(Azmy, Baher) (Entered: 01/06/2026)

NOTICE OF APPEARANCE by Peter Max Aronoff on behalf of Department of Defense, Department of Justice, Department of State..(Aronoff, Peter) (Entered: 01/12/2026)

CONSENT LETTER MOTION for Extension of Time to File Answer re: 1 Complaint, status report, and proposal for further status report by February 5 addressed to Judge Paul A. Engelmayer from Peter Aronoff dated 1/14/2026. Document filed by Department of Defense, Department of Justice, Department of State..(Aronoff, Peter) (Entered: 01/14/2026)

ORDER granting 19 Letter Motion for Extension of Time to Answer re 1 Complaint. GRANTED. SO ORDERED. Department of Defense answer due 2/2/2026; Department of Justice answer due 2/2/2026; Department of State answer due 2/2/2026. (Signed by Judge Paul A. Engelmayer on 1/14/2026) (tg) (Entered: 01/14/2026)

SUMMONS RETURNED EXECUTED. Department of Defense served on 12/16/2025, answer due 2/2/2026. Service was made by Mail. Document filed by American Civil Liberties Union; Center for Constitutional Rights; American Civil Liberties Union Foundation..(Stein, Jeffrey) (Entered: 01/15/2026)

SUMMONS RETURNED EXECUTED. Department of Justice served on 12/16/2025, answer due 2/2/2026. Service was made by Mail. Document filed by American Civil Liberties Union; Center for Constitutional Rights; American Civil Liberties Union Foundation..(Stein, Jeffrey) (Entered: 01/15/2026)

SUMMONS RETURNED EXECUTED. Department of State served on 12/17/2025, answer due 2/2/2026. Service was made by Mail. Document filed by American Civil Liberties Union; Center for Constitutional Rights; American Civil Liberties Union Foundation..(Stein, Jeffrey) (Entered: 01/15/2026)

AFFIDAVIT OF SERVICE of Copy of Complaint and Summonses served on the Attorney General of the United States on 12/16/2025. Service was made by Mail. Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation, Center for Constitutional Rights..(Stein, Jeffrey) (Entered: 01/15/2026)

AFFIDAVIT OF SERVICE of Copy of Complaint and Summonses served on the Civil Process Clerk of the Southern District of New York on 12/16/2025. Service was made by Mail. Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation, Center for Constitutional Rights..(Stein, Jeffrey) (Entered: 01/15/2026)

ANSWER to 1 Complaint,. Document filed by Department of Defense, Department of Justice, Department of State..(Aronoff, Peter) (Entered: 01/30/2026)

NOTICE OF INITIAL PRETRIAL CONFERENCE: Initial Conference set for 2/12/2026 at 03:30 PM in Courtroom 1305, 40 Centre Street, New York, NY 10007 before Judge Paul A. Engelmayer. (Signed by Judge Paul A. Engelmayer on 1/30/2026) (tg) (Entered: 01/30/2026)

STATUS REPORT. (joint) and response to Court's initial conference order Document filed by Department of Defense, Department of Justice, Department of State..(Aronoff, Peter) (Entered: 02/04/2026)

MEMO ENDORSEMENT on re: 28 Status Report filed by Department of Defense, Department of State, Department of Justice. ENDORSEMENT: The Court thanks counsel for this update. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 2/6/2026) (tg) (Entered: 02/06/2026)

NOTICE OF APPEARANCE by Ashley Marie Gorski on behalf of American Civil Liberties Union, American Civil Liberties Union Foundation, Center for Constitutional Rights..(Gorski, Ashley) (Entered: 02/09/2026)

ORDER: For the reasons stated on the record of today's conference, the Court directed the parties to submit a status letter by Thursday, February 26, 2026, addressing defendants' ongoing (1) review of materials for responsiveness and (2) processing of these materials to determine whether and to what extent to claim FOIA exemptions. The Court further stated that, subject to reassessment after review of the status letter, it expects defendant's responsiveness review of the limited materials at issue in this case to be complete by Thursday, March 12, 2026. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 2/12/2026) (tg) (Entered: 02/12/2026)

Pretrial Conference - Initial

Minute Entry for proceedings held before Judge Paul A. Engelmayer: Initial Pretrial Conference held on 2/12/2026. Plaintiffs' counsel present. Defense counsel present. Court reporter present. (ajs)

Pretrial Conference - Initial

STATUS REPORT. (joint) Document filed by Department of Defense, Department of Justice, Department of State..(Aronoff, Peter) (Entered: 02/26/2026)

STIPULATION OF VOLUNTARY DISMISSAL It is hereby stipulated and agreed by and between the parties and/or their respective counsel(s) that the above-captioned action is voluntarily dismissed, with prejudice against the defendant(s) Department of State and without costs pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by Department of Defense, Department of Justice, Department of State. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)...(Aronoff, Peter) (Entered: 02/26/2026)

STIPULATION OF PARTIAL VOLUNTARY DISMISSAL PURSUANT TO FED. R. CIV. P. 41(a)(1)(A)(ii): NOW, THEREFORE, it is hereby STIPULATED and AGREED between the parties as follows: 1. The claims brought by Plaintiffs in this action against State are hereby dismissed with prejudice pursuant to Rule 41(a)(1)(A)(ii). Solely with respect to Plaintiffs' claims against State, Plaintiffs and State will each bear their own fees and costs. 2. Plaintiffs release and discharge any and all claims that Plaintiffs now have or may hereinafter acquire against State, or any component, officer, or employee of State, related to or arising out of the FOIA requests that are the subject of this action. 3. For the avoidance of doubt, nothing in this Stipulation shall affect Plaintiffs'claims against the Department of Justice and Department of Defense. 4. This Stipulation may be executed in counterparts. Facsimile or PDF signatures shall constitute originals. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 2/26/2026) (tg) (Entered: 02/27/2026)

MEMO ENDORSEMENT on re: 32 Status Report filed by Department of Defense, Department of State, Department of Justice. ENDORSEMENT: The parties' request to file a further joint status report on March 17, 2026 is GRANTED. Should either party seek to pursue summary judgment, pursuant to the Court's Individual Rules, the party moving for summary judgment shall submit a letter via ECF, not to exceed three single spaced pages in length, setting forth the basis for the anticipated motion, including the legal standards governing the claims at issue. This letter must be filed by March 17, 2026. The opposing party shall respond by March 20, 2026. The Court schedules a case management conference in this matter for March 23, 2026 at 10:30 a.m. in courtroom 1305 of the Thurgood Marshall United States Courthouse, 40 Centre Street, New York, New York 10007. If any premotion letters are filed, the Court expects to take these up at the conference. ( Case Management Conference set for 3/23/2026 at 10:30 AM in Courtroom 1305, 40 Centre Street, New York, NY 10007 before Judge Paul A. Engelmayer.) (Signed by Judge Paul A. Engelmayer on 2/27/2026) (rro) (Entered: 03/02/2026)

***NOTICE TO COURT REGARDING STIPULATION OF VOLUNTARY DISMISSAL Document No. 33 Stipulation of Voluntary Dismissal was reviewed and referred to Judge Paul A. Engelmayer for approval for the following reason(s): the plaintiff(s) filed their voluntary dismissal and it did not dismiss all of the parties or the action in its entirety. (km)

Notice to Court Regarding Voluntary Dismissal

LETTER addressed to Judge Paul A. Engelmayer from Jeffrey Stein dated March 17, 2026 re: Anticipated Cross-Motion for Partial Summary Judgment. Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation, Center for Constitutional Rights..(Stein, Jeffrey) (Entered: 03/17/2026)

STATUS REPORT. (joint) Document filed by Department of Defense, Department of Justice, Department of State..(Aronoff, Peter) (Entered: 03/17/2026)

LETTER addressed to Judge Paul A. Engelmayer from Peter Aronoff dated 3/17/2026 re: government's pre-motion letter on anticipated summary judgment motion. Document filed by Department of Defense, Department of Justice, Department of State..(Aronoff, Peter) (Entered: 03/17/2026)

MEMO ENDORSEMENT on re: 37 Status Report filed by Department of Defense, Department of State, Department of Justice. ENDORSEMENT: The Court thanks counsel for this update. However, in light of the topicality of plaintiffs' FOIA requests, the briefing schedule proposed by counsel is too extended. The Court asks counsel to propose a briefing schedule that will result in the completion of briefing by the end of May. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 3/19/2026) (tg) (Entered: 03/19/2026)

LETTER addressed to Judge Paul A. Engelmayer from Jeffrey Stein dated March 20, 2026 re: Anticipated Opposition to Defendants' Cross-Motion for Partial Summary Judgment. Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation, Center for Constitutional Rights..(Stein, Jeffrey) (Entered: 03/20/2026)

ORDER: For the reasons stated on the record of today's conference, the Court hereby sets the following schedule and deadlines: The parties' motions for summary judgment shall be filed by May 1, 2026. Opposition to such motions shall be filed by May 22, 2026. Replies shall be filed by May 29, 2026. ( Motions due by 5/1/2026., Responses due by 5/22/2026, Replies due by 5/29/2026.) (Signed by Judge Paul A. Engelmayer on 3/23/2026) (rro) (Entered: 03/24/2026)

Status Conference

Minute Entry for proceedings held before Judge Paul A. Engelmayer: Status Conference held on 3/23/2026. Plaintiffs' counsel present. Defense counsel present. Court reporter present. (ajs)

TRANSCRIPT of Proceedings re: CONFERENCE held on 2/12/2026 before Judge Paul A. Engelmayer. Court Reporter/Transcriber: Nicole DIMasi, (212) 805-0320. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 4/17/2026. Redacted Transcript Deadline set for 4/27/2026. Release of Transcript Restriction set for 6/25/2026..(Moya, Goretti) (Entered: 03/27/2026)

NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 2/12/26 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days....(Moya, Goretti) (Entered: 03/27/2026)

LETTER addressed to Judge Paul A. Engelmayer from Jeffrey Stein dated March 30, 2026 re: Scope of Plaintiffs' Challenge. Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation, Center for Constitutional Rights..(Stein, Jeffrey) (Entered: 03/30/2026)

MEMO ENDORSEMENT on re: 44 Letter, filed by Center for Constitutional Rights, American Civil Liberties Union, American Civil Liberties Union Foundation ENDORSEMENT: SO ORDERED (Signed by Judge Paul A. Engelmayer on 3/31/2026) (ks) (Entered: 03/31/2026)

TRANSCRIPT of Proceedings re: CONFERENCE held on 3/23/2026 before Judge Paul A. Engelmayer. Court Reporter/Transcriber: Pamela Utter, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 5/12/2026. Redacted Transcript Deadline set for 5/22/2026. Release of Transcript Restriction set for 7/20/2026..(Moya, Goretti) (Entered: 04/21/2026)

NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 3/23/26 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days....(Moya, Goretti) (Entered: 04/21/2026)

CROSS MOTION for Summary Judgment . Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation, Center for Constitutional Rights..(Stein, Jeffrey) (Entered: 05/01/2026)

MEMORANDUM OF LAW in Support re: 48 CROSS MOTION for Summary Judgment . . Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation, Center for Constitutional Rights..(Stein, Jeffrey) (Entered: 05/01/2026)

DECLARATION of Jeffrey Stein in Support re: 48 CROSS MOTION for Summary Judgment .. Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation, Center for Constitutional Rights. (Attachments: # 1 Exhibit A - Excerpted Test. of Mr. Young, # 2 Exhibit B - Tr. of Sen. Warner News Conf., # 3 Exhibit C - Rep. Himes Remarks at Council on Foreign Relations, # 4 Exhibit D - CNN Article by Main et al., # 5 Exhibit E - Statement of Sen. Kaine, # 6 Exhibit F - Wash. Post Article by Nakashima et al., Dated Nov. 12, 2025, # 7 Exhibit G - Wash. Post Article by Nakashima et al., Dated Nov. 22, 2025, # 8 Exhibit H - Letter from Sen. Blumenthal et al. to Attorney Gen. Bondi and Secretary of Def. Hegseth, # 9 Exhibit I - Tr. of Press Briefing by White House Press Secretary Leavitt, # 10 Exhibit J - Statement of Sen. Reed, # 11 Exhibit K - Press Release by Sen. Schmitt, # 12 Exhibit L - Excerpted Test. of Gen. Donovan).(Stein, Jeffrey) (Entered: 05/01/2026)

1 Exhibit A - Excerpted Test. of Mr. Young

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2 Exhibit B - Tr. of Sen. Warner News Conf.

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3 Exhibit C - Rep. Himes Remarks at Council on Foreign Relations

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4 Exhibit D - CNN Article by Main et al.

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5 Exhibit E - Statement of Sen. Kaine

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6 Exhibit F - Wash. Post Article by Nakashima et al., Dated Nov. 12, 2025

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7 Exhibit G - Wash. Post Article by Nakashima et al., Dated Nov. 22, 2025

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8 Exhibit H - Letter from Sen. Blumenthal et al. to Attorney Gen. Bondi and Secret

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9 Exhibit I - Tr. of Press Briefing by White House Press Secretary Leavitt

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10 Exhibit J - Statement of Sen. Reed

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11 Exhibit K - Press Release by Sen. Schmitt

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12 Exhibit L - Excerpted Test. of Gen. Donovan

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MOTION for Summary Judgment . Document filed by Department of Defense, Department of Justice..(Aronoff, Peter) (Entered: 05/01/2026)

DECLARATION of Ryan Watzel in Support re: 51 MOTION for Summary Judgment .. Document filed by Department of Defense, Department of Justice..(Aronoff, Peter) (Entered: 05/01/2026)

DECLARATION of Earl G. Matthews in Support re: 51 MOTION for Summary Judgment .. Document filed by Department of Defense, Department of Justice..(Aronoff, Peter) (Entered: 05/01/2026)

MEMORANDUM OF LAW in Support re: 51 MOTION for Summary Judgment . . Document filed by Department of Defense, Department of Justice..(Aronoff, Peter) (Entered: 05/01/2026)

MOTION for Natalie Smith to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-32875090. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation, Center for Constitutional Rights. (Attachments: # 1 Affidavit of Natalie Smith, Notarized, # 2 Exhibit Certificate of Good Standing, # 3 Proposed Order for Admission Pro Hac Vice).(Smith, Natalie) (Entered: 05/20/2026)

ORDER FOR ADMISSION PRO HAC VICE granting 55 Motion for Natalie Smith to Appear Pro Hac Vice. (Signed by Judge Paul A. Engelmayer on 5/20/2026) (rro) Transmission to Attorney Services/Help Desk. (Entered: 05/21/2026)

Notice Regarding Pro Hac Vice Motion

>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 55 MOTION for Natalie Smith to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-32875090. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bc)

MEMORANDUM OF LAW in Opposition re: 51 MOTION for Summary Judgment . . Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation, Center for Constitutional Rights..(Stein, Jeffrey) (Entered: 05/22/2026)

DECLARATION of Natalie Smith in Opposition re: 51 MOTION for Summary Judgment .. Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation, Center for Constitutional Rights. (Attachments: # 1 Exhibit A - Excerpted Test. of Gen. Caine, # 2 Exhibit B - N.Y. Times Article by Cooper et al., # 3 Exhibit C - Wash. Post. Article by Nakashima et al.).(Stein, Jeffrey) (Entered: 05/22/2026)

1 Exhibit A - Excerpted Test. of Gen. Caine

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2 Exhibit B - N.Y. Times Article by Cooper et al.

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3 Exhibit C - Wash. Post. Article by Nakashima et al.

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MEMORANDUM OF LAW in Opposition re: 48 CROSS MOTION for Summary Judgment . . Document filed by Department of Defense, Department of Justice..(Aronoff, Peter) (Entered: 05/22/2026)

REPLY MEMORANDUM OF LAW in Support re: 48 CROSS MOTION for Summary Judgment . . Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation, Center for Constitutional Rights..(Stein, Jeffrey) (Entered: 05/29/2026)

DECLARATION of Jeffrey Stein (Supplemental) in Support re: 48 CROSS MOTION for Summary Judgment .. Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation, Center for Constitutional Rights. (Attachments: # 1 Exhibit A - Advance Policy Questions for Mr. Young).(Stein, Jeffrey) (Entered: 05/29/2026)

1 Exhibit A - Advance Policy Questions for Mr. Young

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REPLY MEMORANDUM OF LAW in Support re: 51 MOTION for Summary Judgment . . Document filed by Department of Defense, Department of Justice..(Aronoff, Peter) (Entered: 05/29/2026)

DECLARATION of Earl G. Matthews in Support re: 51 MOTION for Summary Judgment .. Document filed by Department of Defense, Department of Justice..(Aronoff, Peter) (Entered: 05/29/2026)

ORDER: On May 1, 2026, the parties in the above-captioned case moved for summary judgment, with plaintiffs' requesting oral argument. Dkts. 48, 51. On May 29, 2026, briefing as to both parties' summary judgment motions was complete. Dkts. 60-63. The Court, accordingly, schedules oral argument on the pending motions for summary judgment for 11 a.m. on Wednesday, June 24, 2026. Argument shall be in person, in courtroom 1305 of the Thurgood Marshall United States Courthouse, 40 Foley Square, New York, New York 10007. The parties should be prepared to discuss whether, in resolving these matters, the Court should arrange for the in camera review of the material(s) at issue. SO ORDERED. (Oral Argument set for 6/24/2026 at 11:00 AM in Courtroom 1305, 40 Centre Street, New York, NY 10007 before Judge Paul A. Engelmayer.) (Signed by Judge Paul A. Engelmayer on 6/9/2026) (jca) (Entered: 06/10/2026)

Minute Entry for proceedings held before Judge Paul A. Engelmayer: Oral Argument held on 6/24/2026. Plaintiffs' counsel present. Defense counsel present. Court reporter present. (ajs)

Oral Argument

Oral Argument

LETTER addressed to Judge Paul A. Engelmayer from Jeffrey Stein dated July 16, 2026 re: July 15, 2026 Congressional Testimony of Acting Attorney General Todd Blanche. Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation, Center for Constitutional Rights..(Stein, Jeffrey) (Entered: 07/16/2026)

LETTER addressed to Judge Paul A. Engelmayer from Peter Aronoff dated 7/20/2026 re: response to plaintiffs' letter regarding Acting Attorney General's testimony. Document filed by Department of Defense, Department of Justice..(Aronoff, Peter) (Entered: 07/20/2026)

LETTER addressed to Judge Paul A. Engelmayer from Jeffrey Stein dated August 28, 2026 re: Rule 3(N) of this Court's Individual Rules and Practices in Civil Cases. Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation, Center for Constitutional Rights..(Stein, Jeffrey) (Entered: 08/28/2026)

LETTER addressed to Judge Paul A. Engelmayer from Jeffrey Stein dated September 2, 2026 re: U.S. Southern Command Official Statement. Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation, Center for Constitutional Rights..(Stein, Jeffrey) (Entered: 09/02/2026)

LETTER addressed to Judge Paul A. Engelmayer from Peter Aronoff dated 9/9/2026 re: response to plaintiffs' September 2, 2026 letter 68 . Document filed by Department of Defense, Department of Justice..(Aronoff, Peter) (Entered: 09/09/2026)

MOTION for Ifeyinwa Chikezie to Withdraw as Attorney . Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation, Center for Constitutional Rights..(Chikezie, Ifeyinwa) (Entered: 09/21/2026)

MEMO ENDORSEMENT granting 70 Motion to Withdraw as Attorney. ENDORSEMENT: GRANTED. SO ORDERED. Attorney Ifeyinwa Chikezie terminated. (Signed by Judge Paul A. Engelmayer on 9/21/2026) (jca) (Entered: 09/21/2026)

OPINION & ORDER re: 51 MOTION for Summary Judgment filed by Department of Defense, Department of Justice, 48 CROSS MOTION for Summary Judgment filed by Center for Constitutional Rights, American Civil Liberties U nion, American Civil Liberties Union Foundation. For the reasons above, the Court, with respect to the parties' motions for summary judgment based on FOIA Exemption Five, (1) grants plaintiffs' motion and denies defendants' motion t o the extent defendants invoke the deliberative process and attorney-client privileges; and (2) reserves judgment on the parties' motions to the extent defendants invoke the presidential communications privilege, pending its review of the m aterials that the Court has directed herein be produced. Within 14 days of this decision, defendants are to (1) provide the Court with the factual declaration(s) addressing the questions specified above, and (2) make the OLC Memo available for the Court's in camera review. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 9/30/2026) (mml)

Transcript

Notice of Filing Transcript

Reconsideration AND Stay

Memorandum of Law in Support of Motion