CNSS v. DOJ Case Highlights

The complete listing of the court filings in the case can be found at www.cnss.org/cnssvdoj.htm

The plaintiff groups' case is outlined in their

• Amended Complaint, filed on December 10, 2001 seeking the names and other information.

The main legal arguments of the plaintiff groups and the government in the district trial court are contained in the following:

• Government's Memorandum in Support of Motion for Summary Judgment, filed January 10, 2002
• Plaintiffs' Memorandum in Opposition to Government's Motion for Summary Judgment and in Support of Plaintiffs' Cross-Motion for Summary Judgment, filed March 18, 2002
• Defendant's Reply in Support of Motion for Summary Judgment and Opposition to Plaintiff's Motion for Summary Judgment , April 15, 2002
• Plaintiffs' Reply in Support of their Cross-Motion for Summary Judgment and Opposition to Defendant's Motion for Summary Judgment, April 30, 2002

• Index of Exhibits

The government's affidavits setting out their rationale for secrecy include:

• James Reynolds Affidavit, Chief, Terrorism and Violent Crime Section, Criminal Division, DOJ, January 11, 2002
• Supplemental Affidavit of James S. Reynolds, Chief, Terrorism and Violent Crime Section, Criminal Division, DOJ, January 11, 2002
• Dale L. Watson Affidavit, Executive Assistant Director for Counterterrorism and Coutnerintelligence, FBI, April 15, 2002

The plaintiffs' factual statements are contained in their

• Statement of Material Facts, filed March 18, 2002, and Index of Exhibits

After the district court heard oral argument on May 29, 2002, the parties put additional factual material before the court.

• Supplemental Memo filed by Plaintiffs, June 14, 2002
• Answers to Judge's Questions, filed by Defendants, June 14, 2002
• Plaintiffs' Notice of Filing Additional Exhibits, June 20, 2002
• Plaintiffs' Second Notice of Filing Additional Exhibits, June 28, 2002

On August 2, 2002, Judge Gladys Kessler ruled that the names of the detainees must be disclosed:

• Judge Kessler's Decision

The government appealed to the D.C. Circuit and the case was argued before Judges Sentelle, Tatel and Henderson on November 18, 2002.

• Government's (Appellant) Brief: Brief for Appellant, On Appeal for the United States District Court of the District of Columbia, September 20, 2002
• Plaintiff's Brief (Appellees/Cross Appellants) Brief for Appellees/Cross-Appellants, in the United States Court of Appeals for the District of Columbia Circuit, Tuesday, October 15, 2002
• Reply Brief for Appellant and Brief for Cross-Appellee, November 4, 2002
• Reply Brief for Cross-Appellants, November 8, 2002

On June 4th, 2003, Plaintiffs filed a letter with the court alerting them to the release of the Inspector General's June 2003 report entitled "The September 11 Detainees: A Review of Treatment of Aliens Held on Immigration Charges in Connection with the Investigation of the September 11 Attacks."

• Letter to Court of Appeals Calling Attention to the release of new IG report on Post 9/11 detainees, June 4, 2003

Two amicus briefs were filed with the Courts:

• Amicus Brief of the Washington Legal Foundation in Support of the Department of Justice, April 15, 2002
• Amicus Brief of The Washington Post Company, et al., in support of Plaintiffs , October 18, 2002

The Court of Appeals for the D.C. Circuit ruled in favor of the government on June 17, 2003. Judges Sentelle and Henderson were in the majority, while Judge Tatel dissented.

• Opinion filed in the Court of Appeals for the D.C. Circuit

On September 29, 2003, the plaintiffs filed a cert petition in the Supreme Court of the United States requesting it to address the government's refusal to release the names.

• Cert Petition filed in the Supreme Court of the United States (docket number 03-472), September 29, 2003
• Government's Opposition to Cert, December 12, 2003
• Plaintiffs filed a reply to the government's opposition to cert, December 22, 2003
• The Washington Post Company, joined by twenty-two other media organizations, filed an amicus brief supporting the plaintiffs' request for release of the names