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Case 1:06-cv-00734-RBW Document 46 Filed 07/28/2008 Page 1 of 2

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA

Plaintiffs,

v.

et al.,



JOSE MANUEL VEGA FRANQUI,

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SYRIAN ARAB REPUBLIC, et al.,

Defendants.

Civil Action No. 06-734 (RBW)

THE UNITED STATES OF AMERICA’S

UNOPPOSED MOTION FOR EXTENSION OF TIME TO INTERVENE

AND MEMORANDUM IN SUPPORT

The United States of America, by undersigned counsel, respectfully moves the Court for

an extension of the time provided under Fed. R. Civ. P. 5.1(c) until and including September 26,

2008, to intervene in this action to defend the constitutionality of an Act of Congress or to

inform the Court that the United States has elected not to exercise its right to intervene.

Good cause exists for this Motion. On May 2, 2008, defendant the Great Socialist

Libyan People’s Arab Jamahiriya challenged the constitutionality of Section 1083(c)(2) of the

National Defense Authorization Act for Fiscal Year 2008, Pub. L. 110-181 (“NDAA”), codified

at 28 U.S.C. §§ 1605A, 1610. That challenge is presented in defendant’s Motion to Dismiss the

Amended Complaint [Dkt. # 40]. The United States has received that defendant’s May 19, 2008

Notice under 28 U.S.C. § 2403(a) and Fed. R. Civ. P. 5.1(b) that there is a constitutional

challenge to a federal statute in this case [Dkt. # 42].

The United States is now evaluating whether to exercise its right under 28 U.S.C.

§ 2403(a) to intervene in this action to defend the constitutionality of Section 1083(c)(2) of the

NDAA. Department of Justice regulations require the approval of the Solicitor General prior to

intervening in an action for purposes of defending the constitutionality of a federal statute. See

Case 1:06-cv-00734-RBW Document 46 Filed 07/28/2008 Page 2 of 2

28 C.F.R. § 0.21. Although undersigned counsel from the U.S. Department of Justice, Civil

Division is in the process of consulting within the United States government and securing a

decision from the Solicitor General regarding intervention in the instant case as expeditiously as

possible, that process may require several additional weeks.

The undersigned has contacted plaintiffs’ counsel, Joshua M. Ambush and Paul Gaston,

and defendant’s counsel, Mark A. Johnston, who indicated that they have no objection to the

relief requested in this Motion.

Accordingly, the United States respectfully requests that this Court enter an order

extending the time under Fed. R. Civ. P. 5.1(c) for the United States to exercise its right to

intervene in this action under 28 U.S.C. § 2403(a), or to inform the Court of its decision not to

intervene, until September 26, 2008. A proposed Order is attached.

Dated: July 28, 2008

Respectfully submitted,

GREGORY G. KATSAS
Acting Assistant Attorney General

JEFFREY A. TAYLOR
United States Attorney

VINCENT M. GARVEY
Deputy Director, Federal Programs Branch

/s/ Steven Y. Bressler
STEVEN Y. BRESSLER D.C. Bar #482492
Trial Attorney, U.S. Department of Justice
Civil Division, Federal Programs Branch
Post Office Box 883
Washington, DC 20044
Tel. No.: (202) 514-4781
Fax No.: (202) 318-7609

Counsel for the United States of America

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