Given that DOJ is prepped to give @bradheath (parts of) Page's FISA order, albeit 4 months from now, I wonder how that'll affect @charlie_savage's attempt to get it from FISC directly and the underlying @ACLU case on 1A grounds?
@Laura_K_Donohue
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That does seem possible...pic.twitter.com/kY59HVoNCC
Yes, but to release to NYT as well as USAT they will be ceding 1A access. Or maybe they'll moot it?
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To date we have asked the court to unseal under its own discretionary powers to do so under Rule 62. While we said we would also have standing to assert a claim of right, we didn't actually do so in our motion.
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They’ll likely argue any release to NYT is only being done consistent with their obligations in the USAT FOIA suit. They’ll likely say it doesn’t constitute an admission NYT would be otherwise entitled to it via their separate action and make them litigate the issue
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