OBAMA v. KLAYMAN

Nos. 14-5004, 14-5005, 14-5016, 14-5017.

800 F.3d 559 (2015)

Barack Hussein OBAMA, et al., Appellants v. Larry Elliott KLAYMAN, et al., Appellees.

United States Court of Appeals, District of Columbia Circuit.

Decided August 28, 2015.


Attorney(s) appearing for the Case

H. Thomas Byron, III , Attorney, U.S. Department of Justice, argued the cause for appellants/cross-appellees. With him on the briefs were Stuart F. Delery , Assistant Attorney General, Ronald C. Machen, Jr. , U.S. Attorney, and Douglas N. Letter and Henry C. Whitaker , Attorneys.

Larry E. Klayman argued the cause and filed the briefs for appellees/cross-appellants.

Cindy A. Cohn argued the cause for amici curiae Electronic Frontier Foundation, et al. On the brief were Alex Abdo , Jameel Jaffer , Arthur B. Spitzer , and Mark Rumold.

Paul M. Smith argued the cause for amicus curiae Center for National Security Studies. With him on the brief were Kate A. Martin , Joseph Onek , and Michael Davidson.

Opinion dissenting in part filed by Senior Circuit Judge SENTELLE.


In the wake of the terrorist attacks of September 11, 2001, Congress enacted the USA PATRIOT Act. Pub. L. No. 107-56, 115 Stat. 272 (2001). Section 215 of that Act empowered the FBI to request, and the Foreign Intelligence Surveillance Court ("FISC") to enter, orders "requiring the production of any tangible things (including

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