Professional Documents
Culture Documents
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JASON LEOPOLD,
:
:
Plaintiff,
: CA No. 14-919
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v.
:
:
NATIONAL SECURITY AGENCY,
:
:
Defendant.
:
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APPEARANCES:
For the Plaintiff:
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P R O C E E D I N G S
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DEPUTY CLERK:
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MR. LIGHT:
I'm
Jeffrey
THE COURT:
MR. BRESSLER:
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THE COURT:
This
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pending motions.
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case, and in this case the plaintiff has moved for summary
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plaintiff's favor.
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MR. LIGHT:
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to two things.
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THE COURT:
MR. LIGHT:
THE COURT:
All right.
MR. LIGHT:
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the --
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THE COURT:
Most of what
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NSA programs?
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MR. LIGHT:
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Counterintelligence.
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I think
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Not
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were used.
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database.
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THE COURT:
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MR. LIGHT:
Yes.
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THE COURT:
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programs?
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MR. LIGHT:
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We'd submit a
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Compliance Office.
THE COURT:
do that?
MR. LIGHT:
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But --
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MR. LIGHT:
Right.
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THE COURT:
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hard to respond.
MR. LIGHT:
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Sure.
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Why is
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anxiety or worry.
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to.
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his concern was about the, was about certain legal issues.
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THE COURT:
That
It's a question.
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officials --
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MR. LIGHT:
Right.
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THE COURT:
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MR. LIGHT:
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wasn't clear.
If
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interpretation.
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And
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and that's the question I'm asking you, because I'm not
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MR. LIGHT:
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And --
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THE COURT:
It was something
You
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MR. LIGHT:
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THE COURT:
MR. LIGHT:
THE COURT:
importance to someone?
MR. LIGHT:
Yes.
THE COURT:
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I am concerned.
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it.
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I mean, who is to
MR. LIGHT:
Right.
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activities.
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email.
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They released it as
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MR. LIGHT:
No.
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concerns, and --
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THE COURT:
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this is a problem?
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MR. LIGHT:
I'm confused.
Doesn't he say in
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is, essentially.
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is improper.
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relevance of that.
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THE COURT:
All right.
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In other
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MR. LIGHT:
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And so if it's
And
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important to you?
MR. LIGHT:
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is raising it.
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remark.
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NSA programs.
It
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an NSA program.
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request.
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programs.
discuss some work I'm doing for the NSA, then obviously it
THE COURT:
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MR. LIGHT:
Why wouldn't
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used, that is, these words do allow for some ambiguity and
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THE COURT:
And
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here?
MR. LIGHT:
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So we
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look for.
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THE COURT:
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MR. LIGHT:
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And
There
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addressing it.
And what the Court said on page 27 -- this was a
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adequate.
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search for --
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THE COURT:
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of the NSA?
MR. LIGHT:
the issue.
THE COURT:
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MR. LIGHT:
Right.
And --
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So
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context later.
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They say
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emails.
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THE COURT:
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MR. LIGHT:
Right.
THE COURT:
MR. LIGHT:
Right.
So if this universe of
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THE COURT:
All right.
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MR. LIGHT:
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THE COURT:
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Mr. Bressler.
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MR. BRESSLER:
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Excuse
me.
Mr. Light is, respectfully to him, confused
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in my argument now.
This should be a relatively straightforward
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case.
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It
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Mr. Snowden.
declaration.
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--
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THE COURT:
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MR. BRESSLER:
Do we think
I do
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THE COURT:
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MR. BRESSLER:
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THE COURT:
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MR. BRESSLER:
Yes.
Sorry.
What he asked was about this
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and so on.
So I think it is clear in the context of the
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interest.
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very broad.
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It's
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looked for.
And --
THE COURT:
position:
email says I'm not entirely certain but this does not seem
correct?
MR. BRESSLER:
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programs.
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had seen.
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the force and effect of law but right, they can't trump a
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statute.
What
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request.
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So undisputed.
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that date, which was after this email had been produced,
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THE COURT:
So
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what it didn't.
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definition.
Is
that.
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THE COURT:
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MR. BRESSLER:
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THE COURT:
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MR. BRESSLER:
All right.
I can also -- well, I'm sorry.
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"collection."
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judgment.
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necessary here.
THE COURT:
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other motion?
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MR. BRESSLER:
That is correct.
What we did,
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THE COURT:
All right.
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MR. BRESSLER:
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responsive records.
THE COURT:
point.
MR. BRESSLER:
THE COURT:
MR. BRESSLER:
Yes.
Back in 2013.
All of his emails, which would
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Paragraph 5 of that
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THE COURT:
conducted?
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MR. BRESSLER:
Yes.
THE COURT:
It's
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MR. BRESSLER:
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here today?
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Yes.
So
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THE COURT:
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just mentioned?
MR. BRESSLER:
declaration.
THE COURT:
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MR. BRESSLER:
THE COURT:
Right.
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compiled.
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MR. BRESSLER:
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THE COURT:
Yes.
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FOIA request the NSA's FOIA office then took that universe
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MR. BRESSLER:
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THE COURT:
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MR. BRESSLER:
Yes.
All right.
And to be clear, if I can parse
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conducted.
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request.
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at every email.
THE COURT:
Right.
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MR. BRESSLER:
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And
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things.
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THE COURT:
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happened?
MR. BRESSLER:
I mean, I guess I
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good faith.
THE COURT:
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All right.
It wasn't a
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should the Court just say since we have this dispute over
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in, NSA.
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or what?
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MR. BRESSLER:
Circuit has made clear and this Court has made clear a
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can do that.
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made after this case was filed in which Mr. Leopold asked
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done.
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other member of the media who asked for all of his emails
other than the one that has been provided to Plaintiff and
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THE COURT:
litigation?
MR. BRESSLER:
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review.
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nothing.
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raised concerns.
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None of them
agency.
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any.
those emails.
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think would happen, how would the public react if this was
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responsive.
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responsive.
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If they
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MR. BRESSLER:
Yes.
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I mean, speaking of
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abundance of caution.
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THE COURT:
All right.
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MR. BRESSLER:
So at
Thank you.
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THE COURT:
Mr. Light.
MR. LIGHT:
Since
form.
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on April 9.
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THE COURT:
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MR. LIGHT:
Correct.
THE COURT:
Yes.
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phrase that he used, which may or may not have been clear
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raise.
THE COURT:
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on that point.
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judgment motion?
MR. LIGHT:
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remanded.
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the record.
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job.
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THE COURT:
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declarations?
MR. BRESSLER:
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General Counsel.
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additional searches.
So the story of this case has been respectfully
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properly.
Each of the
We
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conceivably responsive.
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THE COURT:
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MR. BRESSLER:
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THE COURT:
Yes.
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request itself.
emails.
raised concerns.
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about complaints.
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being plausible.
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in an email; right?
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And
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THE COURT:
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Right.
concerns emails.
MR. BRESSLER:
Yes.
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than emails.
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THE COURT:
Right.
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separate search.
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THE COURT:
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MR. BRESSLER:
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THE COURT:
You did a
Yes.
All right.
Okay.
Thank you.
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anything more.
MR. LIGHT:
THE COURT:
All right.
this.
Thank you.
*************************
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above-entitled matter.
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______________________________
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8-14-15
DATE