Case: 12-1159

Document: 00116344987

Page: 1

Date Filed: 03/08/2012

Entry ID: 5624661

NOS. 11-2511 and 12-1155

IN THE UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT
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No. 11-2511 UNITED STATES OF AMERICA, PETITIONER -APPELLEE V. TRUSTEES OF BOSTON COLLEGE, MOVANT ED MOLONEY; ANTHONY MCINTYRE APPLICANTS FOR INTERVENTION-APPELLANTS

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No. 12-1159 ED MOLONEY; ANTHONY MCINTYRE PLAINTIFFS - APPELLANTS V. ERIC HOLDER, JR, ATTORNEY GENERAL; JOHN T. MCNEIL, COMMISSIONER DEFENDANTS-APPELLEES __________________________ GOVERNMENT’S MOTION FOR LEAVE TO FILE AN OVERSIZED BRIEF AND TO EXTEND TO MARCH 12, 2012 THE TIME FOR FILING ITS BRIEF The United States of America respectfully moves this Court for an order permitting the government to file an oversized brief of no more than 15,000 words, and extending by one business day, from March 9, 2012 to March 12, 2012 the date on which the government must file its brief. government states the following: In support of this motion, the

Case: 12-1159

Document: 00116344987

Page: 2

Date Filed: 03/08/2012

Entry ID: 5624661

1.

This a consolidated appeal from two rulings of the district court

addressing arguments made by Ed Moloney and Anthony McIntyre opposing the government’s request for subpoenas pursuant to the Mutual Legal Assistant Treaty (“MLAT”) between the United States and the United Kingdom. 2. The briefing schedule for these appeals was expedited at the parties’

request, and the period set for the United States to complete and file its brief was three weeks, with a deadline of March 9, 2012. Appellants’ Reply brief is currently due March 16, 2012, and oral argument is set for April 4, 2012. 3. The arguments in these appeals raise a number of issues of first

impression regarding the rights of third parties to intervene in or otherwise effect proceedings under the MLAT. In addition, because the appeals implicate an

international treaty as well as issues of domestic civil and criminal law, a number of departments of the United States have requested that they be allowed to review and comment on the government’s brief. A draft of the brief has been completed. In order to allow sufficient time for the brief to be reviewed and reviewer comments to be incorporated into the draft, however, the government requests that its deadline be extended by one business day. 4. In addition, it now appears that, in order to respond to arguments made

with respect to both of the consolidated appeals as well as the arguments made by -2-

Case: 12-1159

Document: 00116344987

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Date Filed: 03/08/2012

Entry ID: 5624661

American Civil Liberties Union of Massachusetts (“ACLUM”) in its amicus brief, which was filed February 27, 2012, the government will require up to 1,000 additional words. 5. On this date the undersigned e-mailed counsel for the appellants

regarding these requests, copying counsel for the ACLUM, but has not yet received a response. WHEREFORE the government respectfully requests that this Court allow this motion and enter an order extending the date for the government to file its brief to March 12, 2012 (and Appellants’ Reply brief to March 19), and permitting the government to file an oversized brief not to exceed 15,000 words. Respectfully submitted, CARMEN M. ORTIZ United States Attorney

By:

/s/ Barbara Healy Smith
BARBARA HEALY SMITH Assistant United States Attorney United States Attorney’s Office John Joseph Moakley U.S. Courthouse 1 Courthouse Way, Suite 9200 Boston, MA 02210 (617) 748-3263 Barbara.H.Smith@usdoj.gov

Dated: March 8, 2012

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Document: 00116344987

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Date Filed: 03/08/2012

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CERTIFICATE OF SERVICE I hereby certify that the foregoing document filed through the ECF system will be sent electronically to the registered participants as identified on the Notice of Electronic Filing (NEF) and paper copies will be sent to those indicated as non registered participants.

/s/ Barbara Healy Smith
Date: March 8, 2012 BARBARA HEALY SMITH Assistant United States Attorney

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