Marcia Hoffman writes:
A couple weeks ago we told you about a victory in our long-running Freedom of Information Act (FOIA) litigation for documents detailing telecommunications carriers’ lobbying efforts to get off the hook for their role in the government’s warrantless electronic surveillance of millions of ordinary Americans. On September 24, a federal judge ordered the Director of National Intelligence and Department of Justice to turn over many of the records we requested by Friday, October 9, 2009.
Nevertheless, after Judge White ordered disclosure of the documents, the agencies asked him to postpone his order for 60 days while the government ruminated over the pros and cons of appealing to the Ninth Circuit, which EFF opposed. The agencies also asked the court to reconsider the decision. Yesterday, Judge White denied both of the government’s motions, clearing the way for the government to release the documents tomorrow, as originally ordered. So far, the government hasn’t appealed, and the clock is ticking.
UPDATE: Late Thursday, the DOJ and ODNI filed an emergency motion asking for a 30-day stay while the agencies consider an appeal. We’ll post any additional updates here as soon as they become available.
Read more on EFF.