Mike Scarcella reports:
Veteran appellate lawyer H. Thomas Byron III will defend the government’s bulk collection of phone records next month at argument in a Washington federal appeals court, according to court papers filed Monday.
Byron has long argued in the U.S. Court of Appeals for the D.C. Circuit, and other federal appellate courts, on issues that include post-9/11 surveillance, national security, the Freedom of Information Act and international disputes. Byron is on the appellate staff of the Civil Division at the U.S. Department of Justice.
Byron on Nov. 4 will go up against the surveillance program’s challenger—and lead plaintiff—Larry Klayman in the D.C. Circuit. Electronic Frontier Foundation legal director Cindy Cohn will argue as amicus counsel urging the court to find the bulk collection program unconstitutional. Senior Judges David Sentelle and Stephen Williams, sitting with Judge Janice Rogers Brown, will hear the case.
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