Case 1:18-cv-02885-RJL Document 7 Filed 12/26/18 Page 1 of 4

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA

JEROME CORSI,
Plaintiff,
v.
ROBERT MUELLER, individually and in his
official capacity as Special Counsel, FEDERAL
BUREAU OF INVESTIGATION, NATIONAL
SECURITY AGENCY, CENTRAL
INTELLIGENCE AGENCY, and UNITED
STATES DEPARTMENT OF JUSTICE,
Defendants.

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CASE NO.: 1:18cv2885

MOTION FOR A STAY OF HEARING DATE
IN LIGHT OF LAPSE OF APPROPRIATIONS
Defendants Federal Bureau of Investigation, National Security Agency, Central
Intelligence Agency, United States Department of Justice, and Robert Mueller in his official
capacity as Special Counsel (together, “the Government”) hereby move for a stay of the order-toshow-cause hearing scheduled to be held on January 3, 2019, in the above-captioned case.
1.

At the end of the day on December 21, 2018, the appropriations act that had been

funding the Department of Justice expired and appropriations to the Department lapsed. The
Department does not know when funding will be restored by Congress.
2.

Absent an appropriation, Department of Justice attorneys are generally prohibited

from working, even on a voluntary basis, except in very limited circumstances, including
“emergencies involving the safety of human life or the protection of property.” 31 U.S.C. § 1342.

 Case 1:18-cv-02885-RJL Document 7 Filed 12/26/18 Page 2 of 4

3.

On December 12, 2018, the Court issued an order directing the Plaintiff to show

cause in writing within 14 days why this case is related to Klayman v. Obama, C.A. No. 13-cv851 for the purpose of the Rule 40.5 procedure, and scheduled a hearing on the Plaintiff’s notice
for January 3, 2019, at 3:00 p.m.
4.

Undersigned counsel has been assigned to represent the Government’s interests at

such hearing on the Plaintiff’s notice. Undersigned counsel for the Department of Justice
therefore requests a stay of the hearing date until Congress has restored appropriations to the
Department.
5.

If this motion for a stay is granted, undersigned counsel will notify the Court as

soon as Congress has appropriated funds for the Department. The Government requests that, at
that point, the hearing be rescheduled. The Government further respectfully requests that, once
appropriations have been restored, it be afforded a reasonable amount of time prior to the hearing
to respond in writing, if necessary, to Plaintiff’s submission in response to the Court’s order to
show cause.
Therefore, although we greatly regret any disruption caused to the Court and the other
litigants, the Government hereby moves for a stay of the hearing scheduled to be held on January
3, 2019, in this case until Department of Justice attorneys are permitted to resume their usual
civil litigation functions. Opposing counsel has informed the Government that Plaintiff opposes
this motion.

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 Case 1:18-cv-02885-RJL Document 7 Filed 12/26/18 Page 3 of 4

Dated: December 26, 2018

Respectfully submitted,
JAMES J. GILLIGAN
Acting Branch Director
/s/ Elizabeth Tulis
ELIZABETH TULIS
Trial Attorney
Federal Programs Branch
U.S. Department of Justice, Civil Division
1100 L Street, NW
Washington, DC 20005
Tel: (202) 514-9237
Fax: (202) 616-8470
E-mail: elizabeth.tulis@usdoj.gov

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 Case 1:18-cv-02885-RJL Document 7 Filed 12/26/18 Page 4 of 4

CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on December 26, 2018, I will electronically file the foregoing
with the Clerk of Court using the CM/ECF system, which will send a notification of electronic
filing to the parties.
/s/ Elizabeth Tulis
ELIZABETH TULIS