THE NEW YORK TIMES CO. v. GONZALES

Docket No. 05-2639.

459 F.3d 160 (2006)

THE NEW YORK TIMES COMPANY, Plaintiff-Appellee, v. Alberto GONZALES, in his official capacity as Attorney General of the United States, and the United States of America, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided: August 1, 2006.


Attorney(s) appearing for the Case

James P. Fleissner, Special Assistant United States Attorney (Patrick J. Fitzgerald, United States Attorney for the Northern District of Illinois, Debra Riggs Bonamici, Daniel W. Gillogly, Assistant United States Attorneys, Chicago, Illinois, on the brief), for Defendants-Appellants.

Floyd Abrams, Cahill Gordon & Reindel LLP, New York, New York (Susan Buckley, Brian Markley, Cahill Gordon & Reindel, New York, New York, on the brief; George Freeman, New York Times Company, New York, New York, of counsel), for Plaintiff-Appellee.

Before: KEARSE, WINTER, and SACK, Circuit Judges.


Judge SACK dissents in a separate opinion.

WINTER, Circuit Judge.

After the attacks on the World Trade Center and the Pentagon on September 11, 2001, the federal government launched or intensified investigations into the funding of terrorist activities by organizations raising money in the United States. In the course of those investigations, the government developed a plan to freeze the assets and/or search the premises of two foundations. Two New York...

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