United States District Court, District of Columbia
August 15, 2002
CENTER FOR NATIONAL SECURITY STUDIES, ET AL., PLAINTIFFS,
UNITED STATES DEPARTMENT OF JUSTICE, DEFENDANT.
The opinion of the court was delivered by: Kessler, District Judge.
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
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