The U.S. Department of Justice can keep secret two internal memoranda on its guidance to prosecutors in the wake of a 2012 U.S. Supreme Court decision on law enforcement using GPS systems for tracking criminal suspects, Southern District Judge William Pauley (See Profile) ruled Tuesday.

Granting summary judgment to the government in a Freedom of Information Act lawsuit, Pauley held that the ACLU does not have the right to see the memos, both crafted by an attorney in the Justice Department’s Criminal Appellate Section and then distributed to all federal prosecutors.