Case Document 55 Filed 02/19/16 Page 1 of 2 PREET BHARARA United States Attorney for the Southern District of New York By: TARA M. La MORTE ELIZABETH M. TULIS Assistant United States Attorneys 86 Chambers Street, 3rd Floor New York, New York 10007 UNITED STATES DISTRICT COURT DISTRICT OF NEW YORK THE NEW YORK TIMES COMPANY I and CHARLIE SAVAGE, Plaintiffs, 14 Civ. 3776 (AT) V. UNITED STATES DEPARTMENT OF JUSTICE, Defendant. SECOND DECLARATION OF TARA M. La MORTE Tara M. La Morte, pursuant to the provisions of 28 U.S.C. 1746, declares, under penalty of perjury, as follows: 1. I am an Assistant United States Attorney in the of?ce of Preet Bharara, United States Attorney for the Southern District of New York, attorney for the defendant in this case. I am an attorney assigned to the defense of this matter. 2. I submit this declaration in support of defendant United States Department of Justice?s cross-motion for summary judgment. Case 1:14-cv-03776-AT Document 55 Filed 02/19/16 Page 2 of 2 3. Attached as Exhibit A hereto is a true and correct copy of the Government?s supplemental production of documents Bates-stamped DOJ-OIG-00134 to -00135. These documents were previously produced to Plaintiffs with redactions, which have now been lifted. The previous versions of these documents were attached as part of an exhibit to the Declaration of David E. McCraw and numbered E-144 to E-145. For ease of reference, the attached, unredacted versions are numbered to 4. Attached as Exhibit hereto is a true and correct copy of the Government?s supplemental production of documents Bates-stamped DOJ-OIG-00896 to -OO905. These documents were previously produced to Plaintiffs with additional redactions. The previous versions of these documents were attached as part of an exhibit to the Declaration of David E. McCraw and numbered E-l3l to E-140. For ease of reference, the attached, less redacted versions are numbered E-13 1 (A) to I declare under penalty of perjury that the foregoing is true and correct. Dated: New York, New York February 19, 2016 ara La Morte TARA M. La MORTE Assistant United States Attorney Case Document 55-1 Filed 02/19/16 Page 1 of 2 sw'r subjects. of the underlying in the remaining 4! matters, the NSL targets could not he determhied. Source ofE?rroe Twelve of the 22 possible 10B violation s. identified by the were due to FBI errors, and it) were due to errors on the part of third-party recipients of the NSLs. (U) Uploading of information obtained beyond tinie period speci?ed in NSL request: We identified one instance in which the FBI uploaded into Telephone Applications from an iiS-L- that: exceeded the time period requested in the NSL. The NSL was issued during a foil counterterrorism investigation of a US. person reqnesting toll billing records on the investigative subject?s telephone number for the period September 1, 2062, to July to, 2003.. However, the FBI received and uploaded into its speeiadized application for telephone data telephone toll hitting records information for two months. in excess of the requested time period. B. Nationai Security Letter Issued in a Charlotte, Terrorism. Investigation. tilt in this section. we descrihe another possible violation arising fro in the use of national seeurity letter authorities that was not identified by the FBI. We learned of this possible violation throngh press aceonnts, For this reason we did not inelu tie it the description of the results of our review of investigative tiles in the four field offices we visited. lioness-n we believe this ttriolation is. noteworthy, and we therefore describe it in this. section? (Ul According. to pee ss accounts, the FB-l?s Charlotte Division Teras looking for information about a fomter student at North Carolina State Univarsityr in connection with in the London subway and bus homhings in July 2005,. who was later cleaned of suspicion 130' According to field. office personnel, the field office obtained a. federal grand jury subpoena to obtain edneationai records about the investigative subject was in the process of serving. it on the institution when the Raleigh directed by personnel, in the Headquarters Connterterrorisrn Division to serve a nationad security letter for the records. instead of. proceeding with the grand jury subpoena. a Charlotte Division supervisor and one of the case agents who was. involved in the matter told the. GIG that theyr did not recall being advised of a reason for using a natio-nai seenrity? ietter instead at a grand subpoena. [Si At the direction. of the Conn terterrorism Division the case agent. generated approval documentation for issuance of the nationad securityr letter, citing no authority the NISL statute? The national seeurity letter requested (Si 120' Barton Gellman, The FREE Secret Scrutiny: in ?n Terrorists, Bureau Examines Remains of ninerioans, The Washington Post, Nos; 55 20616, at. All- 831 ss>