In Re Directives Documents Released

As we noted earlier today, documents bearing on the In Re Directives litigation have now been declassified. The voluminous materials---including briefs and an apparently less redacted version of the Foreign Intelligence Surveillance Court of Review's 2008 opinion---indeed can now be found at the DNI's Tumblr site, and below. We'll likely have more to say on this; stay tuned.

Yahoo Brief (May 29, 2008) 

Government Ex Parte Merits Brief (June 5, 2008)

Yahoo Reply Brief (June 9, 2008)

Yahoo Rule 28(j) Letter to FISC-R Clerk from Zwillinger (June 13, 2008)

Government Ex Parte Supplemental Brief (June 26, 2008)

Yahoo Motion for Leave to File and Reply Brief to Gov’t Supplemental Brief (June 30, 2008) CR 357

Government Motion for Leave to File and Ex Parte Supplemental Reply Brief (July 3, 2008) CR 378

Rule 28(j) Letter to Judge Selya from Acting SG Greg Garre (July 10, 2008)

Government 28(j) Letter to Judge Selya from Acting SG Greg Garre (July 15, 2008)

Yahoo Response to Gov’t 28(j) Letter (July 17, 2008)

FISC-R Merits Opinion (Aug. 22, 2008)

Joint Appendix Cover Sheet

Docket Entry Sheet

Government’s Motion to Compel Compliance with Directives of the Director of National Intelligence and Attorney General, with attached directives (November 21, 2007)

Yahoo! Inc.’s Memorandum in Opposition to Motion to Compel (November 30, 2007)

Department of Defense Procedures Governing the Activities of DoD Intelligence Components that Affect United States Persons, DoD 5240.1-R, Dec. 1982 (excerpts) (December 11, 2007)

Motion to File Classified Appendix (motion only) (December 11, 2007)

Order Establishing Procedures for Handling Classified Information (December 28, 2007)

Order Directing the Filing of Affidavits (January 4, 2008)

Declaration of […] , Federal Bureau of Investigation Data Acquisition/Intercept Section (January 16, 2008) 

Declaration of […], Vice President and Associate General Counsel, Yahoo!, Inc. (January 22, 2008)

Declaration of […], Manager, Legal Department Compliance Team, Yahoo!, Inc. (January 23, 2008)

Order Authorizing Submission of Ex Parte Filing (January 31, 2008)

Order Directing Parties to Provide Supplemental Briefing on the Fourth Amendment (February 6, 2008)

Government’s Supplemental Brief on the Fourth Amendment (February 15, 2008)

Response to Ex Parte Order to Government and Motion for Leave to File Classified Appendix for the Court’s Ex Parte and In Camera Review (without attached classified appendix) (February 20, 2008) 

Order Granting Motion to File Classified Appendix (February 28, 2008)

Notice of Filing of Motion to File Classified Information (March 14, 2008) 

Order Authorizing Submission of Ex Parte Filing (March 17, 2008) 

Redacted Memorandum Opinion and Order (April 25, 2008) 

Government’s Motion for an Order of Civil Contempt (May 9, 2008) 

Declaration of Matthew G. Olsen, Deputy Assistant Attorney General, with attached exhibits (May 8, 2008)

Motion for Leave to File Classified Declaration for the Court’s Ex Parte and In Camera Review (without attached classified declaration) (May 9, 2008) 

Order Denying Yahoo’s Motion for a Stay and Granting Government’s Motion to File a Classified Appendix (May 9, 2008)

Yahoo!, Inc’s Compliance Report (May 14, 2008) 

Executive Order 12333, 46 Fed. Reg. 59,941 (December 4, 1981) 

Ex Parte Appendix Cover Sheet 

Classified Appendix in Support of the Government’s Motion to Compel Compliance with Directives of the Director of National Intelligence and Attorney General (February 20, 2008) 

Department of Defense Supplemental Procedures Governing Communications Metadata Analysis (March 14, 2008) 

Memorandum Opinion (unredacted (April 25, 2008) 

Declaration of J. Michael McConnell, Director of National Intelligence (May 9, 2008) 

Classified Annex to Department of Defense Procedures Under Executive Order 12333 

FBI Standard Minimization Procedures for Physical Search of a United States Person Agent of a Foreign Power (January 20, 1995) 

FBI Standard Minimization Procedures for Physical Search of a Non-United States Person Agent of a Foreign Power (January 20, 1995) 

FBI Standard Minimization Procedures for Electronic Surveillance of a United States Person Agent of a Foreign Power (September 17, 1997)               

FBI Standard Minimization Procedures for Electronic Surveillance of a Non-United States Person Agent of a Foreign Power (September 17, 1997)   

Amendments to FBI Standard Minimization Procedures (September 29, 2006) 

Memorandum Opinion and Order, In re DNI/AG Certification […], with attached exhibits (January 15, 2008)