IN THE UNITED STATES COURT OF APPEALS 
FOR THE DISTRICT OF COLUMBIA CIRCUIT 
) 
) 
) 
) Nos. 03-5262, 04-5084 
) 
) [Civil Action No. 96-1285 (D.D.C.)] 
) 
) 
ELOUISE PEPION COBELL, et al., ) 
Plaintiffs-Appellees, 
v. 
GALE A. NORTON, 
Secretary of the Interior, et al., 
) 
Defendants-Appellants. ) 
) 
) 
RESPONSE TO MOTION FOR IMMEDIATE ISSUANCE OF MANDATE 
Defendants-appellants, the Secretary of the Interior, et al., hereby respond to the “emergency 
motion” filed on December 23, 2004, seeking immediate issuance of the mandate. 
The government does not oppose issuance of the mandate on any schedule the Court deems 
appropriate. We wish to make clear, however, that we in no way subscribe to the account presented 
in plaintiffs’ motion. 
Although plaintiffs style their pleading as implicating an "emergency," there is no emergency 
of any kind. As discussed in this Court’s opinion, a number of Interior computer systems were 
reconnected to the internet pursuant to the provisions of a consent order which established 
procedures for reconnection with the approval of the Special Master. The systems in question that 
are currently on-line were reconnected pursuant to these procedures. They have thus been on-line 
since at least July 2003, when the district court issued a preliminary injunction that superseded the 
Special Master regime. The district court's July 2003 injunction was not based on a showing that the reconnected 
systems were, in fact, insecure. To the contrary, the district court specifically observed in issuing 
its July 2003 order that “plaintiffs have not demonstrated to the satisfaction of the Court that the 
reconnected systems are not presently secure from unauthorized Internet access.” 274 F. Supp. 2d 
at 132. When the district court on March 15, 2004 ordered that these systems be disconnected, it did 
so without even considering the evidence of security improvements provided by Interior pursuant 
to the court’s order, and this Court immediately stayed the disconnection order. In its December 3, 
2004 opinion, this Court ordered that the injunction be vacated, holding that it was not supported by 
the evidence. 
It is thus wholly unclear what kind of “emergency” exists. At bottom, plaintiffs’ motion 
simply repeats the kind of general allegations that this Court has already concluded are not sufficient 
to support an injunction. Indeed, although plaintiffs seek to suggest that Interior's computer systems 
are insecure, a principal basis of this Court’s decision was that the evidence before the district court 
did not support that conclusion. Plaintiffs’ declared “emergency” is without substance. 
Nevertheless, if plaintiffs have determined that they do not wish to seek further review of this 
Court’s decision, the government does not object to issuance of the mandate on whatever schedule 
the Court believes proper. 
Respectfully submitted, 
PETER D. KEISLER 
Assistant Attorney General 
KENNETH L. WAINSTEIN 
United States Attorney 
2
DECEMBER 2004 
GREGORY G. KATSAS 
Deputy Assistant Attorney General 
ROBERT E. KOPP 
MARK B. STERN 
THOMAS M. BONDY 
CHARLES SCARBOROUGH 
ALISA B. KLEIN 
(202) 514-5089 
Attorneys, Appellate Staff 
Civil Division, Room 7531 
Department of Justice 
950 Pennsylvania Ave., N.W. 
Washington, D.C. 20530 
3
CERTIFICATE OF SERVICE 
I hereby certify that on this 29th day of December 2004, I caused copies of the foregoing 
motion to be sent to the Court and to the following by hand delivery: 
The Honorable Royce C. Lamberth 
United States District Court 
United States Courthouse 
Third and Constitution Ave., N.W. 
Washington, D.C. 20001 
Keith M. Harper 
Native American Rights Fund 
1712 N Street, N.W. 
Washington, D.C. 20036-2976 
(202) 785-4166 
and to the following by federal express, overnight mail: 
Elliott H. Levitas 
Law Office of Elliott H. Levitas 
1100 Peachtree Street 
Suite 2800 
Atlanta, GA 30309-4530 
(404) 815-6450 
and to the following by regular, first class mail: 
Dennis Marc Gingold 
Law Office of Dennis Marc Gingold 
607 14th Street, N.W., Box 6 
Washington, D.C. 20005 
Earl Old Person (pro se) 
Blackfeet Tribe 
P.O. Box 850 
Browning, MT 59417 
________________________ 
THOMAS M. BONDY