Merrick Garland v. Under Seal

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

IN RE THREE NATIONAL SECURITY No. 18-56669

LETTERS,

D.C. No. 3:18-cv-02269- MERRICK B. GARLAND, Attorney BAS-MDD General, Petitioner-Appellee,

OPINION

v.

UNDER SEAL,

Respondent-Appellant.

Appeal from the United States District Court for the Southern District of California Cynthia A. Bashant, District Judge, Presiding

Argued and Submitted November 5, 2019 Submission Vacated July 6, 2020 Resubmitted May 19, 2022 Pasadena, California

Filed May 26, 2022 IN RE THREE NATIONAL SECURITY LETTERS

Before: Mary H. Murguia, Chief Judge, Andrew D. Hurwitz, Circuit Judge, and Louis Guirola, Jr., * District Judge.

Opinion by Judge Hurwitz

SUMMARY **

Civil Rights

The panel affirmed the district court’s order requiring the recipient of three national security letters to comply with the nondisclosure requirements set forth in 18 U.S.C. § 2709(c) “unless and until the Government informs it otherwise.”

A national security letter (“NSL”) is an administrative subpoena issued by the FBI to a wire or electronic communication service provider requiring production of specified subscriber…