Case 1:23-cv-03322-CRC Document 23 Filed 05/02/24 Page 1 of 3
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
America First Legal Foundation and Richard
Grenell, Civil Action No. 1:23-cv-3322-
Plaintiffs, CRC
v.
Alejandro Mayorkas, United States JOINT NOTICE AND
Department of Homeland Security, and STIPULATION OF
Homeland Intelligence Experts Group, DISMISSAL
Defendants.
On September 19, 2023, the Department of Homeland Security (Department)
announced the establishment of the Homeland Intelligence Experts Group (Experts
Group). Plaintiffs America First Legal Foundation and Richard Grenell subsequently
sued, alleging that the Department violated the Federal Advisory Committee Act
(FACA) when it established the Experts Group. The Department maintains its
position that the establishment and operation of the Experts Group did not violate
the FACA. In the interest of fully and finally resolving this matter, however, the
parties have agreed to the following:
The Experts Group shall be wound down within thirty (30) days of the entry of
the Order, it will not hold any future meetings, and the Department will not
reconstitute the Experts Group inconsistent with the FACA or the Homeland Security
Act of 2002. The Department will also provide the Experts Group meeting agendas
and meeting minutes with participant identifying information redacted within fifteen
(15) days of the entry of the Order.
Based on these representations, Plaintiffs have agreed to dismiss their lawsuit
with prejudice. Further, the Department reserves its right to create an advisory
Case 1:23-cv-03322-CRC Document 23 Filed 05/02/24 Page 2 of 3
committee under the provisions of the FACA, including the authorization to exempt
that advisory committee from the public notice, reporting, and open meeting
requirements of FACA pursuant to the Homeland Security Act of 2002, section 871(a)
(6 U.S.C. section 451(a)).
Accordingly, the parties to this action, acting through counsel, and pursuant to
Federal Rule of Civil Procedure 41(a)(1)(A)(ii) hereby stipulate to the dismissal with
prejudice of this action, with each party to bear their own attorney’s fees and costs.
Respectfully submitted this 2d day of May, 2024,
/s/ Gene P. Hamilton /s/ Christopher E. Mills
Gene P. Hamilton Christopher E. Mills
Reed D. Rubinstein (D.C. Bar No. 1021558)
Andrew Block SPERO LAW LLC
(D.C. Bar No. 1619548) 557 East Bay Street #22251
AMERICA FIRST LEGAL FOUNDATION Charleston, SC 29413
611 Pennsylvania Avenue SE #231 (843) 606-0640
Washington, DC 20003
[email protected] (202) 964-3721
[email protected] Counsel for Plaintiffs
Brian M. Boynton
Principal Deputy Assistant Attorney General
Elizabeth J. Shapiro
Deputy Branch Director
/s/ Bradley P. Humphreys
Bradley P. Humphreys
(D.C. Bar No. 988057)
Senior Trial Counsel
2
Case 1:23-cv-03322-CRC Document 23 Filed 05/02/24 Page 3 of 3
U.S. Department of Justice
Civil Division, Federal Programs Branch
1100 L Street, N.W.
Washington, D.C. 20005
Tel.: (202) 305-0878
[email protected] Counsel for Defendants
