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September 19, 2023

The Honorable Kimberly A. Moore

Chair of the Special Committee of the 

Judicial Council for the Federal Circuit

U.S. Court of Appeals for the Federal Circuit

717 Madison Place, N.W.

Washington, DC 20439

VIA EMAIL

Re: In re Complaint No. 23-90015 (Complaint Against Circuit Judge Pauline Newman)

Dear Judge Moore:

This Letter responds to the Special Committee’s Order of September 18, 2023.1 

The Order makes several incorrect factual claims. First, the Order states that Judge Newman 

requested the release of her August 31, 2023 responsive brief to the Special Committee’s Report and 

Recommendation on September 13, 2023. That is incorrect. As has been her practice throughout 

these proceedings, Judge Newman requested the release of her brief contemporaneously with filing 

of that document. See Rule 20(a) Response to the Special Committee’s Report and Recommendation

(“Response”) at 1, n.1. The September 13 Letter merely reiterated that request. See Sept. 13 Letter at 

1 (“I write to respectfully renew the request for an expeditious public release of Judge Newman’s August 

31, 2023 responsive brief to the Special Committee’s Report and Recommendation. This request has 

been pending for two weeks, with no action.”) (emphasis added, footnote omitted). 

Second, the Committee claims that “Judge Newman also informed the Clerk of Court no 

redactions to the Response were necessary.” Sept. 18 Order at 2. That too is incorrect. Judge 

Newman’s September 13 Letter “respectfully request[ed] prompt release of Judge Newman’s response 

with any appropriate redactions.” Sept. 13 Letter at 2 (emphasis added). Since the Committee has been in 

the possession of Judge Newman’s brief for nearly three weeks, it has had plenty of opportunity to 

identify such redactions. We note that the Committee was able to produce its own 111-page report 

and redact it in less time.

 

1 Pursuant to Rule 23(b)(7), Judge Newman requests that this filing, the Order of September 18, 

2023, and any response from the Committee be made publicly available.
2 | N C L A

Third, the Committee states that Judge Newman “did not include redactions to Exhibit C” 

when requesting the release of information. Sept. 18 Order at 2. While technically a true statement, 

the email to the Clerk of Court stated that “Judge Newman consents to the release of unredacted 

Attachment C, but understands that because it involves internal Court communications, the 

Committee may not wish it released.” Accordingly, Judge Newman “le[ft] this matter to the 

Committee’s discretion.” Sept. 13, 2023 Email from Gregory Dolin to . Thus, nothing 

precluded the Committee from redacting such information as it saw fit from that Exhibit.

Nevertheless, in order to expedite the process of publicly releasing Judge Newman’s August 

31 brief, we are providing redacted copies of all of the exhibits. In compliance with the Committee’s 

September 18 Order, this submission includes redacted Exhibit C which removed “names and contact

information of court employees,” Sept. 18 Order at 2, but retained the names of judges to whom the 

pre-assignment memorandum was sent. Because the composition of the panel which decided 

 is a matter of public record, we do not believe that the redaction of panel 

members’ names is necessary.

Additionally, and for the completeness of the record, Judge Newman is providing the 

Committee with Dr. Ted Rothstein’s CV. This item was unavailable to Judge Newman at the time of 

the brief’s submission as Dr. Rothstein was on vacation and did not have access to the electronic 

version of this document. We received the document earlier today and are now sharing it with the 

Committee and the Judicial Council.

Now that the Committee’s requests have been complied with, we hope for and expect an 

expeditious release of the entirety of Judge Newman’s (appropriately redacted) August 31, 2023 Rule 

20(a) response.

 

Respectfully submitted,

/s/ Gregory Dolin,M.D.

Senior Litigation Counsel

NEW CIVIL LIBERTIES ALLIANCE