IN RE LEOPOLD TO UNSEAL CERTAIN ELEC. SURVEILLANCE

No. 18-5276.

964 F.3d 1121 (2020)

IN RE: In the Matter of the Application of Jason LEOPOLD TO UNSEAL CERTAIN ELECTRONIC SURVEILLANCE APPLICATIONS AND ORDERS, Jason Leopold and Reporters Committee for Freedom of the Press, Appellants v. United States of America, Appellee.

United States Court of Appeals, District of Columbia Circuit.

Decided July 7, 2020.


Attorney(s) appearing for the Case

Katie Townsend argued the cause for appellants. With her on the briefs was Jeffrey Light .

Christopher T. Bavitz was on the brief for amici curiae Former United States Magistrate Judges in support of petitioners and reversal.

Laura R. Handman , Kurt A. Wimmer , Washington, DC, Bruce W. Sanford , Mark I. Bailen , Washington, DC, and David McCraw were on the brief for amici curiae Media Organizations in support of appellants.

Charles S. Sims , New York, NY, was on the brief for amici curiae First and Fourth Amendment Scholars in support of petitioners-appellants and in support of reversal.

Aaron D. Mackey was on the brief for amici curiae Electronic Frontier Foundation and Riana Pfefferkorn in support of petitioners-appellants.

Peter S. Smith , Assistant U.S. Attorney, argued the cause for appellee. With him on the brief were Jessie K. Liu , U.S. Attorney, and Elizabeth Trosman , Chrisellen Kolb , and Pamela S. Satterfield , Assistant U.S. Attorneys.

Before: Tatel and Garland, Circuit Judges, and Silberman, Senior Circuit Judge.


Journalist Jason Leopold and the Reporters Committee for Freedom of the Press applied to the district court to unseal certain electronic surveillance orders and related filings in closed investigations. The district court Clerk's Office, the U.S. Attorney's Office, and the applicants were able to reach accommodations regarding...

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