Certification of Bar Membership and Security Clearance Status

UNITED STATES 	70 13 JUL 12 	PH ~: 22
FOREIGN INTELLIGENCE SURVEILLANCE COUR'f 	.
WASHINGTON, D.C. LEEA~-m FLY:ll~ HALL
CLERl\ OF COUIU
IN RE ORDERS ISSUED BY THIS COURT
INTERPRETING SECTION 215 OF THE
PATRIOT ACT
Case No. Misc. 13-02
CERTIFICATION OF BAR MEMBERSHIP AND
SECURITY CLEARANCE STATUS
Pursuant to the Court's Order of June 14, 2013, and United States Foreign Intelligence
Surveillance Court Rules of Procedure 7(h)(l), 7(i), and 63, the American Civil Liberties Union
("ACLU") and the Media Freedom and Information Access Clinic at Yale Law School (together,
"Movants") respectfully submit the following information:
Bar Membership Information
Undersigned counsel for Movants are licensed attorneys and members, in good standing,
of the bars of United States district and circuit courts. See FISA Ct. R.P. 7(h)(l), 63.
Alex Abdo is a member, in good standing, of the following federal courts: the Supreme
Court of the United States; the United States Courts of Appeals for the First, Second, Fourth, and
District of Columbia Circuits; and the United States District Court for the Southern District of
New York. He is licensed to practice law by the bar of the State of New York.
Brett Max Kaufinan is a member, in good standing, of the following federal courts: the
United States Court of Appeals for the Second Circuit; and the United States District Court for
the Southern District of New York. He is licensed to practice law by the bar of the State of New
York.
1

Patrick Toomey is a member, in good standing, of the following federal courts: the
United States District Courts for the Eastern and Southern Districts of New York. He is licensed
to practice law by the bars of the States of Massachusetts and New York.
Jameel Jaffer is a member, in good standing, of the following federal courts: the Supreme
Court of the United States; the United States Courts of Appeals for the Second, Fourth, Sixth,
Ninth, and District of Columbia Circuits; and the United States District Courts for the Eastern
and Southern Districts of New York, and the Eastern District of Michigan. He is licensed to
practice law by the bar of the State of New York.
Arthur Spitzer is a member, in good standing, of the following federal courts: the
Supreme Court of the United States; the United States Courts of Appeals for the Armed Forces
and the Fourth, District of Columbia, and Federal Circuits; and the United States District Courts
for the District of Columbia, District of Maryland, and the Eastern and Southern Districts of New
York. He is licensed to practice law by the bars of the District of Columbia and the State of New
York.
David Schulz is a member, in good standing, of the following federal courts: the Supreme
Court of the United States; the United States Courts of Appeals for the Second, Third, Fourth,
Ninth, Tenth and District of Columbia Circuits; and the United States District Courts for the
District of Columbia, and for all Districts of the State of New York. He is licensed to practice
law by the bars of the District of Columbia and the State of New York.
Security Clearance Information
Pursuant to FISA Ct. R.P. 7(i), Movants certify that Arthur Spitzer holds a "Secret"
security clearance issued by the Department of Justice.
2

Because Movants' motion does not seek the release of properly classified information,
and because the motion and the related briefing does not contain classified information, Movants
respectfully submit that all undersigned counsel may participate in proceedings on the motion
without access to classified information or security clearances. See FISA Ct. R.P. 63 (requiring
counsel only to have "appropriate security clearances").
Dated: July 12, 2013
David A. Schulz
Media Freedom and Information Access Clinic
Yale Law School
40 Ashmun Street, 4th Floor
New Haven, CT 06511
Phone: (203) 436-5892
Fax: (203) 436-0851
david.schulz@yale.edu
3
Respectfully submitted,
Isl Alex Abdo
Alex Abdo
Brett Max Kaufinan
Patrick Toomey
Jameel Jaffer
American Civil Liberties Union Foundation
125 Broad Street, 18th Floor
New York, NY l 0004
Phone: (212) 549-2500
Fax: (212) 549-2654
aabdo@acl u .org
Arthur B. Spitzer
American Civil Liberties Union of the
Nation's Capital
4301 Connecticut Avenue, N.W., Suite 434
Washington, DC 20008
Phone: (202) 457-0800
Fax: (202) 457-0805
artspitzer@aclu-nca.org

CERTIFICATE OF SERVICE
I, Alex Abdo, certify that on this day, July 12, 2013, a copy of the foregoing certification
was served on the following persons by the methods indicated:
By email and UPS overnight delivery
Christine Gunning
Litigation Security Group
U.S. Department of Justice
2 Constitution Square
145 N Street, N.E.
Suite 2W-115
Washington, DC 20530
Email: Christine.E.Gunning@usdoj.gov
By UPS overnight delivery
John P. Carlin
J. Bradford Wiegmann
Tashina Gauhar
Jeffrey M. Smith
Nicholas J. Patterson
U.S. Department of Justice
National Security Division
950 Pennsylvania Ave., N.W.
Washington, DC 20530
Phone: (202) 514-5600
~{H
Alex Abdo