Filed
United States Foreign
intelligence Surveillance Court

UNITED STATES

APR 1 1 2019

FOREIGN INTELLIGENCE SURVEILLANCE COURT

H

LeeAnn Flynn a11 ,

Cl

rk fC

e

WASHINGTON, D.C.

IN RE MOTION FOR APPOINTMENT
OF THOMAS C. GOLDSTEIN AS
AMICUS CURIAE PURSUANT TO
50 U.S.C. § l 803(i)(2)(B)

Docket No. Misc. 18-04

ORDER
On December 11, 2018, Movant Thomas C. Goldstein filed a motion for appointment as
amicus curiae and for leave to file an amicus curiae brief to assist the Court in deciding whether
the appointment of Matthew Whitaker as Acting Attorney General was unlawful, such that he
could not properly act as Attorney General pursuant to the Foreign Intelligence Surveillance Act
(FJSA), codified as amended at 50 U.S.C. §§ 180I-1885c. Docket No. Misc. 18-04, Mot. of
Thomas C. Goldstein for Appointment as Amicus Curiae and for Leave to File Amicus Curiae
Brief (Dec. 1J , 2018) at 1-3.
The concerns raised by Movant are not before the Court. The government has not relied
on any action taken by Mr. Whitaker as the Acting Attorney General in any submission to the
Court. On February 14, 2019, the Senate confirmed the nomination of William P. Barr as
Attorney General, 165 Cong. Rec. Sl353, S1397 (daily ed. Feb. 14, 2019), and he was sworn into
office on the same date. Press Release, U.S. Dep't of Justice, William P. Barr Confirmed as 85th
Attorney General of the United States (Feb. 14, 2019), https://www.justice.gov/opa/pr/wi lliam-pbarr-confirmed-85th-attorney-general-united-states. Accordingly,

o

ou

rt

 IT IS HEREBY ORDERED that the above-referenced motion is DENIED.
ENTERED this

/~day of April, 2019, in Docket No. Misc. 18-04.

Judge, United States Foreign
Intelligence Surveillance Court

Page 2