The New Era of Secret Law: Reference Documents

October 18, 2016

Freedom of Information Act Documents

Department of Homeland Security

Immigration and Customs Enforcement

Produced Nov. 10, 2015

Guidance on Filing Protective Orders (Apr. 20, 2006) and Sample Motion

Document titled “The Protective Order Regulation”

Produced Jan. 20, 2016

Chart of “Special Interest” Cases

Department of Justice

Executive Office for Immigration Review

Produced Nov 19, 2015

Memorandum from David L. Neal, Acting Chairman, Board of Immigration Appeals, to Board Legal Staff, Re: Processing Cases Subject to a Protective Order (Sept. 17, 2010)

BIA document entitled “Processing Protective Order Cases by Board Legal Staff”

May 18, 2011 email to EOIR offices with instructions for classified documents that turn up in filings after WikiLeaks

Memorandum from MaryBeth Keller, General Counsel, Executive Office for Immigration Review from Lori Scialabba, Chairman, Board of Immigration Appeals (Nov 1, 2005) (entirely redacted)

Memorandum from Michael Creppy, Chief Immigration Judge, to all immigration judges and court administrators, Re: Cases requiring special procedures (Mar. 21, 2001)

Undated document entitled “Instructions for cases requiring additional security”

Memorandum from David Neal, Chief Immigration Judge, OCIJ and Juan Osuna, Acting Chairman, BIA to Kevin Chapman, Acting General Counsel, Re: Request for Formal OGC Opinion (June 25, 2007) (entirely redacted)

Memorandum from Kevin Chapman, Acting General Counsel to David Neal, Chief Immigration Judge, OCIJ and Juan Osuna, Acting Chairman, BIA, Re: Response to Request for Formal OGC Opinion (Mar. 7, 2008) (entirely redacted)

Memorandum from David L. Neal, Chairman, Board of Immigration Appeals to All Board Staff and Contractors, Re: Classified National Security Information Document Control (Apr. 22, 2014)

Memorandum from Chrissy Burghard, Management & Program Analyst, Board of Immigration Appeals, to Amy Minton, Senior Legal Clerk, Re: Restricted Cases and Board Decisions Accompanied by an Immigration Judge Decision (June 20, 2013)

No Disclosure Cases chart (Oct. 18, 2002)

Protective Order Cases chart (Jan. 23, 2015)

All INS & EOIR “Deleted” Cases chart (Dec. 2, 2004)

Secure Access Case Report chart (Dec. 1, 2014)

Immigration Court Cases Where DOJ Has Directed Special Security Procedures charts (Apr. 23, 2003 & Nov. 29, 2002)

Security Procedures Established Pursuant to Public Law 96-456, 94 Stat. 2025, By the Chief Justice of the US for the Protection of Classified Information

Operating Policy and Procedures Memorandum OPPM 98-10: Classified Information in Immigration Court Proceedings (Dec. 28, 1998) and related memos

Marking Executive Order 12958 National Security Information

Memorandum from Michael Creppy, Chief Immigration Judge, to Immigration Judges, Re: Classified Cases (Oct. 23, 1998)

National Security Division

Produced June 10, 2015

Chart of documents produced to Congress under 50 U.S.C. § 1871(c)

Produced Jan. 8 - June 13, 2016

Attorney General’s semi-annual reports under 50 U.S.C. § 1871(a) Dec 2005-Dec 2013

Office of Legal Counsel

Produced July 10, 2014

Memorandum from Antonin Scalia, Assistant Attorney General, Office of Legal Counsel, to Leonard F. Champam, Jr., Commissioner, INS, Henry S. Dogin, Acting Administrator, DEA, Clarence M. Kelley, Director, FBI, and Richard W. Velde, Administrator, LEAA, Re: International Agreements by the Justice Department (June 10, 1975)

Memorandum from John M. Harmon, Acting Assistant Attorney General, Office of Legal Counsel, to the Honorable James R. Schlesinger, Assistant to the President (May 12, 1977)

Memorandum from Theodore B. Olson, Assistant Attorney General, Office of Legal Counsel, to Fred F. Fielding, Counsel to the President, Re: Increased Congressional Powers in the Realm of United States Foreign Policy Since the Vietnam War (Mar. 23, 1984)

Produced Sept. 30, 2014

Lists of Unclassified OLC Opinions, 1998-2013

Produced Sept. 1, 2015

Index of Classified OLC Legal Advice Related to [Redacted] (Oct. 21, 2009)

Index of Classified OLC Opinions and Other Signed Memoranda Conveying Legal Advice to Other Executive Branch Officers or Entities Concerning [Redacted] (Dec. 10, 2009)

Index of classified daybook entries (June 24, 2014)

Untitled Lists of Opinions, Classified as TS/SCI

Excerpts from Classified Daybook

Department of State

Produced July 6, 2016

Case Act Indices 2004 to 2014

Office of the Director of National Intelligence

Produced May 21, 2015

PPT presentation on FAA 1871(c) redaction, Office of General Counsel (Mar. 17, 2010)

 

FOREIGN INTELLIGENCE SURVEILLANCE COURT

Chart of public Foreign Intelligence Surveillance Court opinions (excluding scheduling orders and similar)