Records disclosed by the Office of the Director of National Intelligence in its May 12, 2009 discretionary release, part 1

Unclassified Report on the Presidential Surveillance Program

Discretionary release of additional documents

EFF argues that DHS's description of their search was inadequate, so summary judgment is inappropriate at this time.

This declaration describes the efforts DHS made to locate records, the release of responsive documents, and redactions made before release.

The court finds that DOJ's classified declaration provides sufficient grounds to believe that no part of the documents can be released. The court is satisfied with the classified declaration and does not feel the need to inspect the documents itself.

"At the conclusion of oral argument in this action on July 26, 2007, the Court indicated from the bench that it was granting the motion of defendant Department of Justice for summary judgment and denying the cross-motion of plaintiff Electronic Frontier Foundation for in camera inspection of the withheld agency records at issue in this case. By this motion, plaintiff apprises the Court of newly available facts relevant to the parties’ motions and respectfully requests reconsideration of the Court’s ruling."