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IN THE UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT ___________________________________ ) CHRISTOPHER HEDGES, et al., ) ) Plaintiffs-Appellees, ) ) v. ) ) BARACK OBAMA, et al., ) ) Defendants-Appellants. ) ____________________________________)
OPPOSITION TO MOTION FOR LEAVE TO FILE SUPPLEMENTAL BRIEFS AND HOLD SECOND ORAL ARGUMENT TO ADDRESS CLAPPER V. AMNESTY INTERNATIONAL The defendants-appellants, the President of the United States and Secretary of Defense, hereby oppose plaintiffs-appellees request for supplemental briefing and a second oral argument to address the Supreme Court ruling in Clapper v. Amnesty International, 133 S. Ct. 1138 (2013). The appellate rules provide a procedure for advising the Court of intervening authority, Fed. R. App. P. 28(j), and that rule is adequate to the task here. The government filed a letter under that Rule explaining why Clapper confirms the governments argument that there is no standing. Indeed, prior to Clapper, the government explained in briefing and argument why plaintiffs lacked standing even under this Courts broader standing ruling that was reversed in Clapper. Br. at 38-39. The reversal of that decision by the Supreme
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Court only confirms that plaintiffs lack standing here. For those reasons, further briefing and argument is unnecessary. In any event, the government explained in its letter why Clapper simply confirms that plaintiffs lack standing, and plaintiffs have now provided a ten-page argument in their motion as to why, in their view, Clapper is distinguishable. Further briefing and argument beyond that are not necessary. Of course, if the Court thinks additional briefing would be useful to its deliberations, the government is ready to provide it. CONCLUSION For the foregoing reasons, plaintiffs motion for supplemental briefing and a second oral argument should be denied. Respectfully submitted, PREET BHARARA United States Attorney BENJAMIN H. TORRANCE CHRISTOPHER B. HARWOOD Assistant United States Attorneys STUART F. DELERY Acting Assistant Attorney General BETH S. BRINKMANN Deputy Assistant Attorney General DOUGLAS N. LETTER (202) 514-4332 Director /s/ August E. Flentje AUGUST E. FLENTJE (202) 514-3309 Attorney Appellate Staff Civil Division, Room 3613
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APRIL 2013
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CERTIFICATE OF SERVICE I hereby certify that on this 4th day of April 2013, I caused this response to be filed with the Court electronically by CM/ECF. I certify that the following counsel in this case who is a registered CM/ECF user will be served by the appellate CM/ECF system: Bruce Ira Afran 10 Braeburn Drive Princeton, NJ 08540 /s/ August E. Flentje August E. Flentje Attorney for Defendants-Appellants