U.S. Department of Justice 
Civil Division, Appellate Staff 
601 "D" Street, N.W., Rm: 9548 
Washington, D.C. 20530 
Thomas M. Bondy 
December 19, 2003 
BY HAND-DELIVERY 
Mr. Mark J. Langer 
Clerk, United States Court of Appeals 
for the District of Columbia Circuit 
United States Courthouse 
Room 5423 
Third & Constitution Avenue, N.W. 
Washington, D.C. 20001 
Re: Cobell v. Norton, 
No. 03-5314 
Dear Mr. Langer: 
Defendants-Appellants, the Secretary of the Interior, et al., 
hereby respond to the Rule 28(j) letter submitted by Plaintiffs- 
Appellees on December 11, 2003. 
Plaintiffs' letter brings to the Court's attention the "Fourth 
Report Card on Computer Security at Federal Departments and 
Agencies," dated December 9, 2003, issued by the House Subcommittee 
on Technology, Information Policy, Intergovernmental Relations and 
the Census. The "report card" graded the overall computer security 
of the Department of the Interior as "F." 
The relevance of this filing is unclear. This is an appeal 
from the district court's Structural Injunction issued on September 
25, 2003. As discussed in our pending motion for a stay pending 
appeal, the district court at no point had authority to issue a 
Structural Injunction, and the injunction is also wholly 
inconsistent with recent legislation. Nothing in the cited "report 
card" has any bearing on that analysis. 
To place in perspective the grade accorded to Interior, it 
should be noted that the "report card" also awarded an "F" to the 
Tel: (202) 514-4825 
Fax: (202) 514-7964
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Department of Justice, the Department of Homeland Security, the 
Department of State, the Department of Energy, the Department of 
Housing and Urban Development, the Department of Health and Human 
Services, and the Department of Agriculture. See Attachments to 
Plaintiffs-Appellees' Rule 28(j) Letter. 
Plaintiffs complain that they have not yet been provided with 
copies of reports underlying the Report Card. This complaint has 
no bearing on the appeal before the Court. In any event, the 
disclosure of the underlying reports raises significant security 
concerns, and is the subject of a recent district court decision in 
this case. See Order, No. 96-1285(RCL) (D.D.C. Dec. 11, 2003). 
Finally, plaintiffs' letter underscores the appropriateness of 
consolidating this appeal with the government's appeal in No. 03- 
5262, arising from the district court's July 28, 2003, preliminary 
injunction regarding information security. The consolidation 
motion is pending before the Court. 
Enclosed please find copies of this letter for distribution to 
the panel. 
Thank you for your cooperation in this matter. 
Yours very truly, 
THOMAS M. BONDY 
Attorney for Appellants
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cc: By Hand Delivery: 
Keith Harper, Esq. 
Native American Rights Fund 
1712 N Street, N.W. 
Dennis M. Gingold, Esq. 
Mark Kester Brown, Esq. 
607 - 14th Street, N.W., 9th Floor 
Washington, D.C. 20005 
G. William Austin, III, Esq. 
607 - 14th Street N.W., Ste. 900 
Washington, D.C. 20005 
By Prepaid First Class U.S. Mail: 
Elliott Levitas, Esq 
1100 Peachtree Street, Ste. 2800 
Atlanta, GA 30309-4530