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CENTER FOR NATIONAL SECURITY STUDIES v. U.S. DEPT. OF JUSTICE

August 15, 2002

CENTER FOR NATIONAL SECURITY STUDIES, ET AL., PLAINTIFFS,
V.
UNITED STATES DEPARTMENT OF JUSTICE, DEFENDANT.



The opinion of the court was delivered by: Kessler, District Judge.

ORDER

On August 2, 2002, this Court ordered the Government to produce a list of the identities of all individuals detained in connection with the investigation of the September 11, 2001 terrorist attacks, and a list of the identities of their attorneys. The Government has filed an appeal, will ask the Court of Appeals for expedited consideration, and now seeks a stay of this Court's Order pursuant to Fed.R.Civ.P. 62(c).

Given the fact that stays are routinely granted in FOIA cases; that disclosure of the names of the detainees and their lawyers would effectively moot any appeal; and that the Government has promised to seek expedited consideration from the Court of Appeals; the Court deems the granting of a stay appropriate. Population Institute v. McPherson, 797 F.2d 1062, 1078 (D.C.Cir. 1986); Ashcroft v. North Jersey Media Group, ___ U.S. ___ 122 S.Ct. 2655, 153 L.Ed.2d 831 (2002); American Civil Liberties Union of N.J. v. County of Hudson, 352 N.J. Super. 44, 799 A.2d 629 (2002), cert. denied (174 N.J. 190, 803 A.2d 1162 (2002)); United States Dept. of Justice v. Rosenfeld, 501 U.S. 1227, 111 S.Ct. 2846, 115 L.Ed.2d 1015 (1991).

WHEREFORE, it is this day of August, 2002 hereby

ORDERED that Defendant's Motion for Stay Pending Appeal is granted.

20020815

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