Professional Documents
Culture Documents
20
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
21
1 INVESTIGATION, DEPARTMENT
OF JUSTICE CIVIL DIVISION,
2 DEPARTMENT OF JUSTICE
NATIONAL SECURITY DIVISION,
3 CENTRAL INTELLIGENCE
AGENCY, DEPARTMENT OF
4 HOMELAND SECURITY,
NATIONAL SECURITY AGENCY,
5 and OFFICE OF THE DIRECTOR OF
NATIONAL INTELLIGENCE,
6
Defendants.
7
9 INTRODUCTION
10 1. Plaintiffs JASON LEOPOLD and BUZZFEED INC. file this Freedom
11 of Information Act suit under 5 U.S.C. 552 to force Defendants DEPARTMENT
12 OF JUSTICE OFFICE OF THE ATTORNEY GENERAL (OAG),
13 DEPARTMENT OF JUSTICE OFFICE OF THE DEPUTY ATTORNEY
14 GENERAL (DAG), DEPARTMENT OF JUSTICE OFFICE OF LEGAL
15 COUNSEL (OLC), FEDERAL BUREAU OF INVESTIGATION (FBI),
16 DEPARTMENT OF JUSTICE CIVIL DIVISION (DOJ-CIVIL),
17 DEPARTMENT OF JUSTICE NATIONAL SECURITY DIVISION (NSD),
18 CENTRAL INTELLIGENCE AGENCY (CIA), DEPARTMENT OF
19 HOMELAND SECURITY (DHS), NATIONAL SECURITY AGENCY
20 (NSA), and OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE
21 (ODNI) to produce records mentioning or referring to statements by President
22 Donald Trump that his offices were wire-tapped by the Obama administration and
23 other claims the President has made on Twitter.
24 PARTIES
25 2. Plaintiff JASON LEOPOLD is a journalist who lives in Beverley Hills,
26 CA, and works in Los Angeles, CA. LEOPOLD submitted the FOIA requests at
27 issue in this case.
28
-2-
COMPLAINT
Case 2:17-cv-03747 Document 1 Filed 05/18/17 Page 3 of 11 Page ID #:3
-3-
COMPLAINT
Case 2:17-cv-03747 Document 1 Filed 05/18/17 Page 4 of 11 Page ID #:4
-4-
COMPLAINT
Case 2:17-cv-03747 Document 1 Filed 05/18/17 Page 5 of 11 Page ID #:5
1 wire tapping a race for president prior to the election? Turned down
2 by court earlier. A NEW LOW!
3 17. A true and correct copy of the March 6, 2017 FOIA request is attached
4 as Exhibit A.
5 18. OAG and DAG: On April 14, 2017, OAG and DAG acknowledged
6 receipt of the request. A true and correct copy of the April 14, 2017 letter is
7 attached as Exhibit B.
8 19. In violation of the deadlines set forth in the FOIA statute, OAG and
9 DAG have not provided any records or substantive response to the request.
10 20. OLC: On April 3, 2017, Defendant OLC acknowledged receipt of the
11 request. A true and correct copy of the April 3, 2017 letter is attached as Exhibit C.
12 21. In violation of the deadlines set forth in the FOIA statute, OLC has not
13 provided any records or substantive response to the request.
14 22. FBI: On March 30, 2017, Defendant FBI responded to the request by
15 alleging that the records were not reasonably described and claiming that the
16 request is overly broad in scope and seeks information in vague and undefined
17 terms. A true and correct copy of FBIs March 30, 2017 response is attached as
18 Exhibit D.
19 23. On April 7, 2017, LEOPOLD appealed Defendant FBIs denial.
20 24. On April 7, 2017, the U.S. Department of Justice Office of Information
21 Policy acknowledged the appeal. In violation of the statutory deadline to respond
22 to appeals, OIP has not yet issued a determination on the appeal. A true and correct
23 copy of OIPs April 7, 2017 acknowledgement is attached as Exhibit E.
24 25. DOJ-CIVIL: Defendant DOJ-CIVIL failed to provide a response to
25 the request by the statutory deadline.
26 26. On April 26, 2017, well after the statutory deadline, Defendant DOJ-
27 CIVIL inquired with LEOPOLD about narrowing his request because it
28 determined that we may have hundreds of emails and records which may be
-5-
COMPLAINT
Case 2:17-cv-03747 Document 1 Filed 05/18/17 Page 6 of 11 Page ID #:6
1 34. LEOPOLD is not required to narrow the scope of the request and
2 declines to do so.
3 DEFENDANT CIAS FOIA VIOLATION
4 35. On March 6, 2017, LEOPOLD submitted a request to CIA for the
5 same scope of records that were requested from the Department of Justice agencies.
6 A true and correct copy of his March 6, 2017 request to the CIA is attached as
7 Exhibit I.
8 36. On March 15, 2017, Defendant CIA acknowledged receipt of the
9 request. A true and correct copy of the March 15, 2017 letter from the CIA is
10 attached as Exhibit J.
11 37. In violation of the deadlines set forth in the FOIA statute, CIA has not
12 provided any records or any substantive response.
13 DEFENDANT DHSS FOIA VIOLATION
14 38. On March 6, 2017, LEOPOLD submitted a request to DHS for the
15 same scope of records that were requested from the Department of Justice agencies.
16 A true and correct copy of his March 6, 2017 request to the DHS is attached as
17 Exhibit K.
18 39. On March 15, 2017, Defendant DHS alleged that his request was too
19 broad in scope or did not specifically identify the records which you are seeking.
20 DHS requested that he resubmit the request containing a reasonable description
21 of the sought records. A true and correct copy of the March 15, 2017 letter from
22 DHS is attached as Exhibit L.
23 40. On March 30, 2017, LEOPOLD appealed Defendant DHSs denial. In
24 violation of the statutory deadlines, OIP has not yet ruled on the appeal.
25 DEFENDANT NSAS FOIA VIOLATION
26 41. On March 6, 2017, LEOPOLD submitted a request to NSA for the
27 same scope of records that were requested from the Department of Justice agencies.
28
-7-
COMPLAINT
Case 2:17-cv-03747 Document 1 Filed 05/18/17 Page 8 of 11 Page ID #:8
1 A true and correct copy of his March 6, 2017 request to NSA is attached as Exhibit
2 M.
3 42. On March 7, 2017, Defendant NSA acknowledged receipt of the
4 request and assigned it a reference number. A true and correct copy of the March 7,
5 2017 response from NSA is attached as Exhibit N.
6 43. In violation of the deadlines set forth in the FOIA statute, NSA has not
7 provided any records or any further response.
8 DEFENDANT ODNIS FOIA VIOLATION
9 44. On March 6, 2017, LEOPOLD submitted a request to ODNI for the
10 same scope of records that were requested from the Department of Justice agencies.
11 A true and correct copy of his March 6, 2017 request to ODNI is attached as
12 Exhibit O.
13 45. On April 4, 2017, Defendant ODNI acknowledged receipt of the
14 request and assigned it a reference number. A true and correct copy of the April 4,
15 2017 response is attached as Exhibit P.
16 46. In violation of the deadlines set forth in the FOIA statute, ODNI has
17 not provided any records or any further response.
18 COUNT I OAGS VIOLATION OF FOIA
19 47. The above paragraphs are incorporated herein.
20 48. Defendant OAG is an agency subject to FOIA.
21 49. LEOPOLD made a valid FOIA request to OAG.
22 50. BUZZFEED also has a legal interest in the request.
23 51. OAG has improperly denied the request.
24 COUNT II DAGS VIOLATION OF FOIA
25 52. The above paragraphs are incorporated herein.
26 53. Defendant DAG is an agency subject to FOIA.
27 54. LEOPOLD made a valid FOIA request to DAG.
28 55. BUZZFEED also has a legal interest in the request.
-8-
COMPLAINT
Case 2:17-cv-03747 Document 1 Filed 05/18/17 Page 9 of 11 Page ID #:9
28
- 10 -
COMPLAINT
Case 2:17-cv-03747 Document 1 Filed 05/18/17 Page 11 of 11 Page ID #:11
1 RESPECTFULLY SUBMITTED,
2 LAW OFFICE OF RACHEL STEINBACK
3 /s/ Rachel Steinback
4 Attorneys for Plaintiffs
24
25
26
27
28
- 11 -
COMPLAINT