MICHAEL F.

HERTZ, Acting Assistant Attorney General

BRETT L. TOLMAN, United States Attorney (Utah Bar No. 8821)
JARED C. BENNETT, Assistant United States Attorney (Utah Bar No. 9097)
JOHN R. TYLER, Assistant Branch Director
KATHRYN L. WYER (Utah Bar No. 9846)
kathryn.wyer@usdoj.gov
United States Department of Justice
Civil Division, Federal Programs Branch
20 Massachusetts Avenue, NW
Washington, D.C. 20530
Tel: (202) 616-8475
Attorneys for Defendant
_____________________________________________________________________________
IN THE UNITED STATES DISTRICT COURT
DISTRICT OF UTAH, CENTRAL DIVISION
______________________________________________________________________________
JESSE C. TRENTADUE, :
Plaintiff, :

vs. :

UNITED STATES CENTRAL :
INTELLIGENCE AGENCY, FEDERAL
BUREAU OF INVESTIGATION, and :
FEDERAL BUREAU OF
INVESTIGATIONS OKLAHOMA CITY :
FIELD OFFICE,
:
Defendants.

Case No: 2:08-CV-788 CW
ANSWER TO AMENDED
COMPLAINT
S))))))))))))))))))))))))))))))))))))))))))))))))))))))))))))))))))
Defendants the United States Central Intelligence Agency (CIA), Federal Bureau of
Investigation (FBI), and FBIs Oklahoma City Field Office (FBI Field Office) (the latter two
collectively referred to as FBI defendants) answer plaintiffs Amended Complaint as follows:
FIRST DEFENSE
Plaintiff has failed to exhaust administrative remedies with respect to the FBI defendants.
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SECOND DEFENSE
The FBI defendants are not proper party defendants.
THIRD DEFENSE
Plaintiffs Amended Complaint fails to state a claim upon which relief can be granted.
FOURTH DEFENSE
Defendants answer the numbered paragraphs of plaintiffs Amended Complaint as follows:
1. Defendants are without knowledge or information sufficient to form a belief as to
the truth of the allegations in Paragraph 1.
2. Paragraph 2 sets forth legal conclusions, to which no response is required. To the
extent a response is required, defendant CIA admits it is subject to FOIA and may be sued
pursuant to 5 U.S.C. 552. The allegations of this paragraph are not directed at the other
defendants, so no answer or other response is required of them with respect to this paragraph.
3. Paragraph 3 sets forth legal conclusions, to which no response is required. To the
extent a response is required, defendant FBI admits that it is subject to FOIA but denies that it is a
proper party defendant to a suit brought under 5 U.S.C. 552. The allegations of this paragraph
are not directed at the other defendants, so no answer or other response is required of them with
respect to this paragraph.
4. Paragraph 4 sets forth legal conclusions, to which no response is required. To the
extent a response is required, defendant FBI Field Office admits that it is subject to FOIA but
denies that it is a proper party defendant to a suit brought under 5 U.S.C. 552. The allegations
of this paragraph are not directed at the other defendants, so no answer or other response is
required of them with respect to this paragraph.
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5. Paragraph 5 sets forth the short forms that plaintiff intends to use in the
remainder of the Amended Complaint to refer to the FBI defendants. As such, no response is
required.
6. The allegations set forth in Paragraph 6 are denied.
7. Paragraph 7 sets forth legal conclusions, to which no response is required. To the
extent a response is required, defendants admit that 5 U.S.C. 552(a)(4)(B) sets forth a cause of
action under the FOIA, and 28 U.S.C. 1331 provides jurisdiction for such claims. Defendants
deny the remaining allegations of this paragraph.
8. Paragraph 8 sets forth legal conclusions, to which no response is required. To the
extent a response is required, defendants admit that venue is proper in this Court.
9. Paragraph 9 purports to describe plaintiffs FOIA requests dated December 19,
2006, and submitted to the CIA. These requests speak for themselves, and the Court is referred
to them for a full and accurate statement of their contents. To the extent a response is required,
defendant CIA acknowledges that the document attached to plaintiffs Amended Complaint as
Exhibit 1 was submitted to the CIA. The allegations of this paragraph are not directed at the FBI
defendants, so no answer or other response is required of the FBI defendants with respect to this
paragraph.
10. Paragraph 10 purports to further describe plaintiffs FOIA requests dated
December 19, 2006, and submitted to the CIA. These requests speak for themselves, and the
Court is referred to them for a full and accurate statement of their contents. To the extent a
response is required, defendant CIA acknowledges that the document attached to plaintiffs
Amended Complaint as Exhibit 2 was submitted to the CIA. The allegations of this paragraph are
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not directed at the FBI defendants, so no answer or other response is required of the FBI
defendants with respect to this paragraph.
11. Paragraph 11 purports to further describe plaintiffs FOIA requests dated
December 19, 2006, and submitted to the CIA. These requests speak for themselves, and the
Court is referred to them for a full and accurate statement of their contents. To the extent a
response is required, defendant CIA acknowledges that the document attached to plaintiffs
Amended Complaint as Exhibit 3 was submitted to the CIA. The allegations of this paragraph are
not directed at the FBI defendants, so no answer or other response is required of the FBI
defendants with respect to this paragraph.
12. The first three sentences of paragraph 12 purport to describe a letter from
defendant CIA to plaintiff dated February 23, 2007. This letter speaks for itself, and the Court is
referred to it for a full and accurate statement of its contents. To the extent a response is
required, defendant CIA acknowledges that the document attached to plaintiffs Amended
Complaint as Exhibit 4 was sent by defendant to plaintiff. The fourth sentence of paragraph 12
purports to set forth plaintiffs belief about and allegation against defendant CIA, and thus no
response is required. To the extent a response is required, defendant the CIA is without
knowledge or information sufficient to respond to plaintiffs characterization of his belief and
otherwise denies the allegations of this sentence. The allegations of this paragraph are not
directed at the FBI defendants, so no answer or other response is required of the FBI defendants
with respect to this paragraph.
13. Paragraph 13 purports to describe a letter dated March 4, 2007, from plaintiff to
defendant CIA. That letter speaks for itself, and the Court is respectfully referred to it for a full
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and accurate statement of its contents. To the extent a response is required, defendant CIA
acknowledges that the document attached to plaintiffs Amended Complaint as Exhibit 5 was
received by defendant CIA. The allegations of this paragraph are not directed at the FBI
defendants, so no answer or other response is required of the FBI defendants with respect to this
paragraph.
14. Paragraph 14 purports to describe a letter dated October 17, 2007, from plaintiff
to defendant CIA. That letter speaks for itself, and the Court is respectfully referred to it for a full
and accurate statement of its contents. To the extent a response is required, defendant CIA
acknowledges that the document attached to plaintiffs Amended Complaint as Exhibit 6 was
received by defendant CIA. The allegations of this paragraph are not directed at the FBI
defendants, so no answer or other response is required of the FBI defendants with respect to this
paragraph.
15. Paragraph 15 purports to describe a letter dated November 5, 2007, from
defendant CIA to plaintiff. That letter speaks for itself, and the Court is respectfully referred to it
for a full and accurate statement of its contents. To the extent a response is required, defendant
CIA is without knowledge or information sufficient to form a belief as to the truth of plaintiffs
allegation concerning when he received the letter. Defendant CIA acknowledges that the
document attached to plaintiffs Amended Complaint as Exhibit 7 was sent to plaintiff by
defendant CIA. The allegations of this paragraph are not directed at the FBI defendants, so no
answer or other response is required of the FBI defendants with respect to this paragraph.
16. The first two sentences of Paragraph 16 purport to describe a letter dated March
20, 2008, from plaintiff to defendant CIA. That letter speaks for itself, and the Court is
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respectfully referred to it for a full and accurate statement of its contents. To the extent a
response is required, defendant CIA acknowledges that the document attached to plaintiffs
Amended Complaint as Exhibit 8 was received by defendant CIA. Defendant CIA admits the
third sentence. The allegations of this paragraph are not directed at the FBI defendants, so no
answer or other response is required of the FBI defendants with respect to this paragraph.
17. Paragraph 17 sets forth legal conclusions to which no response is required. To the
extent a response is required, defendant CIA denies the allegations of this paragraph. The
allegations of this paragraph are not directed at the FBI defendants, so no answer or other
response is required of the FBI defendants with respect to this paragraph.
18. Paragraph 18 sets forth legal conclusions to which no response is required. To the
extent a response is required, defendant CIA admits that the exhaustion requirement set forth in 5
U.S.C. 552 has been fulfilled with respect to plaintiffs requests to defendant CIA. The
allegations of this paragraph are not directed at the FBI defendants, so no answer or other
response is required of the FBI defendants with respect to this paragraph.
19. Paragraph 19 purports to describe plaintiffs FOIA request dated October 12,
2008, and submitted to the FBI defendants. This request speaks for itself, and the Court is
respectfully referred to it for a full and accurate statement of their contents. To the extent a
response is required, the FBI defendants acknowledge that the quoted language appears in the
document attached to plaintiffs Amended Complaint as Exhibit 9 and that this document was
submitted to the FBI defendants. The allegations of this paragraph are not directed at defendant
CIA, so no answer or other response is required of defendant CIA with respect to this paragraph.
20. The FBI defendants admit the first sentence of Paragraph 20. The second sentence
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of this paragraph purports to describe a document attached to plaintiffs Amended Complaint as
Exhibit 10. The FBI defendants are without knowledge or information sufficient to form a belief
as to the truth of plaintiffs allegations concerning this document, or the documents authenticity.
The allegations of this paragraph are not directed at defendant CIA, so no answer or other
response is required of defendant CIA with respect to this paragraph.
21. Paragraph 21 purports to describe a letter dated October 14, 2008, and an e-mail
dated October 15, 2008, sent by the FBI defendants to plaintiff, which plaintiff alleges are
attached to his Amended Complaint as Exhibits 11 and 12. These documents speak for
themselves, and the Court is respectfully referred to them for a full and accurate statement of their
contents. To the extent a response is required, the FBI defendants acknowledge that the
documents attached to plaintiffs Amended Complaint as Exhibits 11 and 12 were sent by the FBI
defendants to plaintiff. The allegations of this paragraph are not directed at defendant CIA, so no
answer or other response is required of defendant CIA with respect to this paragraph.
22. Paragraph 22 contains legal conclusions to which no response is required. To the
extent a response is required, the FBI defendants deny the allegations of this paragraph. The
allegations of this paragraph are not directed at defendant CIA, so no answer or other response is
required of defendant CIA with respect to this paragraph.
23. Paragraph 23 contains legal conclusions to which no response is required. To the
extent a response is required, the FBI defendants deny the allegations of this paragraph. The
allegations of this paragraph are not directed at defendant CIA, so no answer or other response is
required of defendant CIA with respect to this paragraph.
24. Defendant CIA incorporates its responses to the allegations set forth in Paragraphs
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1 through 18 above. The allegations of this paragraph are not directed at the FBI defendants, so
no answer or other response is required of the FBI defendants with respect to this paragraph.
25. Paragraph 25 contains legal conclusions to which no response is required. To the
extent a response is required, defendant CIA denies the allegations of this paragraph. The
allegations of this paragraph are not directed at the FBI defendants, so no answer or other
response is required of the FBI defendants with respect to this paragraph.
26. Defendant CIA denies that it has possession of and control over all documents
and/or records requested by plaintiff. The allegations of this paragraph are not directed at the FBI
defendants, so no answer or other response is required of the FBI defendants with respect to this
paragraph.
27. Paragraph 27 contains legal conclusions to which no response is required. To the
extent a response is required, defendant CIA acknowledges its responsibility to comply with the
FOIA and otherwise denies the allegations of this paragraph. The allegations of this paragraph
are not directed at the FBI defendants, so no answer or other response is required of the FBI
defendants with respect to this paragraph.
28. Defendant CIA denies the allegations of this paragraph. Defendant CIA avers that
it has performed an adequate search for records responsive to plaintiffs request and is in the
process of identifying and preparing for release all nonexempt reasonably segregable information
in the records located during its search. The allegations of this paragraph are not directed at the
FBI defendants, so no answer or other response is required of the FBI defendants with respect to
this paragraph.
29. Paragraph 29 contains legal conclusions to which no response is required. To the
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extent a response is required, defendant CIA denies the allegations of this paragraph. The
allegations of this paragraph are not directed at the FBI defendants, so no answer or other
response is required of the FBI defendants with respect to this paragraph.
30. Paragraph 30 contains legal conclusions to which no response is required. To the
extent a response is required, defendant CIA acknowledges that judicial review of agency
responses to FOIA requests is governed by 5 U.S.C. 552. Defendant CIA otherwise denies the
allegations of this paragraph. The allegations of this paragraph are not directed at the FBI
defendants, so no answer or other response is required of the FBI defendants with respect to this
paragraph.
31. The FBI defendants incorporate by reference their responses to the allegations set
forth in Paragraphs 1 through 8 and 19 through 23 above. The allegations of this paragraph are
not directed at defendant CIA, so no answer or other response is required of defendant CIA with
respect to this paragraph.
32. Paragraph 32 contains legal conclusions to which no response is required. To the
extent a response is required, the FBI defendants deny the allegations of this paragraph. The
allegations of this paragraph are not directed at defendant CIA, so no answer or other response is
required of defendant CIA with respect to this paragraph.
33. The FBI defendants deny that they have possession of and control over all
documents and/or records requested by plaintiff. The allegations of this paragraph are not
directed at defendant CIA, so no answer or other response is required of defendant CIA with
respect to this paragraph.
34. Paragraph 34 contains legal conclusions to which no response is required. To the
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extent a response is required, the FBI defendants aver that they have undertaken a search for
records responsive to plaintiffs request; that they have located approximately 244 videotapes and
approximately 200 pages of documentation that appear to be responsive to plaintiffs request; that
they have released one unredacted videotape to plaintiff; and that they have requested that
plaintiff remit search and duplication fees in accordance with applicable regulations. The FBI
defendants further aver that they have received a response from plaintiff to their fee request, by
letter to undersigned counsel dated April 8, 2009, and that the parties are currently negotiating
the scope of plaintiffs FOIA request in the hope of resolving the fee issue. The FBI defendants
otherwise deny the allegations of this paragraph. The allegations of this paragraph are not
directed at defendant CIA, so no answer or other response is required of defendant CIA with
respect to this paragraph.
35. Paragraph 35 contains legal conclusions to which no response is required. To the
extent a response is required, the FBI defendants acknowledge their responsibility to comply with
the FOIA and otherwise deny the allegations of this paragraph. The allegations of this paragraph
are not directed at defendant CIA, so no answer or other response is required of defendant CIA
with respect to this paragraph.
36. Paragraph 36 contains legal conclusions to which no response is required. To the
extent a response is required, the FBI defendants deny the allegations of this paragraph. The
allegations of this paragraph are not directed at defendant CIA, so no answer or other response is
required of defendant CIA with respect to this paragraph.
37. Paragraph 37 contains legal conclusions to which no response is required. To the
extent a response is required, the FBI defendants deny the allegations of this paragraph. The
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allegations of this paragraph are not directed at defendant CIA, so no answer or other response is
required of defendant CIA with respect to this paragraph.
38. Paragraph 38 contains legal conclusions to which no response is required. To the
extent a response is required, the FBI defendants acknowledge that judicial review of agency
responses to FOIA requests is governed by 5 U.S.C. 552. The FBI defendants otherwise deny
the allegations of this paragraph. The allegations of this paragraph are not directed at defendant
CIA, so no answer or other response is required of defendant CIA with respect to this paragraph.
WHEREFORE, defendants deny that plaintiff is entitled to the relief requested in
plaintiffs Amended Complaint, or to any relief whatsoever.
DATED April 13, 2009. Respectfully submitted,
MICHAEL F. HERTZ
Acting Assistant Attorney General
BRETT L. TOLMAN
United States Attorney (Utah Bar No. 8821)
JARED C. BENNETT
Assistant United States Attorney (Utah Bar No. 9097)
JOHN R. TYLER
Assistant Branch Director
s/ Kathryn L. Wyer
KATHRYN L. WYER (Utah Bar No. 9846)
kathryn.wyer@usdoj.gov
United States Department of Justice
Civil Division, Federal Programs Branch
20 Massachusetts Avenue, NW
Washington, D.C. 20530
Tel: (202) 616-8475
Attorneys for Defendant
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CERTIFICATE OF SERVICE
I hereby certify that on April 13, 2009, I caused a true and correct copy of the
foregoing Answer to be served through the Courts electronic filing system on plaintiff,
proceeding pro se, at the address listed below:
Jesse C. Trentadue
Suitter Axland
8 E. Broadway, Suite 200
Salt Lake City, Utah 84111
/s/ Kathryn L. Wyer
Kathryn L. Wyer
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