12 - Am Compl

Case 1:17-cv-01000-CKK Document 12 Filed 08/07/17 Page 1 of 52
IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLUMBIA
_____________________________________
)
THE PROTECT DEMOCRACY PROJECT, )
INC. )
2020 Pennsylvania Avenue, NW, #163 )
Washington, DC 20006, )
)
Plaintiff, )
)
v. ) Civil Action No. 1:17-cv-01000-CKK
)
U.S. NATIONAL SECURITY AGENCY )
9800 Savage Road )
Fort Meade, MD 20755, )
)
OFFICE OF THE DIRECTOR OF )
NATIONAL INTELLIGENCE )
1500 Tysons McLean Dr, )
McLean, VA 22102, )
)
and )
)
DEPARTMENT OF JUSTICE )
950 Pennsylvania Ave., NW )
Washington, DC 20530, )
)
Defendants. )
)
AMENDED COMPLAINT
Plaintiff The Protect Democracy Project, Inc. (hereinafter “Protect Democracy”) brings
this action against Defendants the National Security Agency, Office of the Director of National
Intelligence, and the Department of Justice, to compel compliance with the Freedom of
Information Act (FOIA), 5 U.S.C. § 552. Plaintiff alleges as follows:
1
JURISDICTION AND VENUE
1. The Court has jurisdiction over this action pursuant to 5 U.S.C. § 552(a)(4)(B)
and 28 U.S.C. § 1331.
2. Venue is proper in this district pursuant to 5 U.S.C. § 552(a)(4)(B).
PARTIES
3. Plaintiff The Protect Democracy Project, Inc. is an organization awaiting
501(c)(3) status, incorporated under the laws of the District of Columbia, and located at 2020
Pennsylvania Avenue, NW, #163, Washington, DC 20006. Plaintiff’s mission is to protect our
democracy from descending into a more autocratic form of government by preventing those in
power from depriving Americans of a free, fair, and fully-informed opportunity to exercise
ultimate sovereignty. As part of this mission, Plaintiff seeks to inform public understanding of
operations and activities of the government by gathering and disseminating information that is
likely to contribute significantly to the public understanding of executive branch operations and
activities. Plaintiff regularly requests such information pursuant to FOIA. Plaintiff intends to
give the public access to documents transmitted via FOIA on its website,
www.protectdemocracy.org, and to provide information about and analysis of those documents
as appropriate.
4. Defendant U.S. National Security Agency (NSA) is an agency of the executive
branch of the federal government of the United States. Defendant NSA is headquartered at 9800
Savage Rd., Fort Meade, MD 20755. Defendant has possession, custody, and control of the
documents that Plaintiff seeks in response to its FOIA request.
5. Defendant Office of the Director of National Intelligence (ODNI) is an office of
the executive branch of the federal government of the United States. Defendant ODNI is
2
headquartered at 1500 Tysons McLean Dr, McLean, VA 22102. Defendant has possession,
custody, and control of the documents that Plaintiff seeks in response to its FOIA request.
6. Defendant Department of Justice (DOJ) is a department of the executive branch of
the federal government of the United States. Defendant DOJ is headquartered at 950
Pennsylvania Ave., NW, Washington, DC 20530. Defendant has possession, custody, and
control of the documents that Plaintiff seeks in response to its FOIA request.
STATEMENT OF FACTS
President Trump’s Apparent Attempts to Interfere in the FBI’s Investigation of His Campaign’s
Role in Russian Interference in the 2016 Election
7. On January 6, 2017, the United States intelligence community (IC) released a
report entitled “Assessing Russian Activities and Intentions in Recent US Elections.” The
declassified version of the report includes an “analytic assessment drafted and coordinated
among The Central Intelligence Agency (CIA), The Federal Bureau of Investigation (FBI), and
The National Security Agency (NSA).” In the report, the agencies, including the NSA,
“assess[ed] Putin and the Russian Government aspired to help President-elect Trump’s election
chances when possible by discrediting Secretary Clinton and publicly contrasting her
unfavorably to him.”
8. On March 20, 2017, FBI Director James Comey confirmed in testimony before
the House Intelligence Committee that the FBI was investigating Russian interference in the
2016 election and any coordination between Russia and the campaign of President Donald
Trump. Comey stated that he had “been authorized by the Department of Justice to confirm that
the FBI, as part out our counterintelligence mission, is investigating the Russian government’s
efforts to interfere in the 2016 presidential election and that includes investigating the nature of
any links between individuals associated with the Trump campaign and the Russian government,
3
and whether there was any coordination between the campaign and Russia’s efforts.”
9. On May 9, President Trump fired FBI Director James Comey. In his note to
Comey, Trump stated: “I greatly appreciate you informing me, on three separate occasions, that I
am not under investigation.”
10. On May 10, Trump met in the Oval Office with officials of the Russian
government, including Ambassador Sergey I. Kislyak and Foreign Minister Sergei V. Lavrov.
Upon information and belief, a document summarizing the meeting states that Trump told the
Russian officials: “I just fired the head of the F.B.I. He was crazy, a real nut job.” That
document further states that Trump said in the meeting: “I faced great pressure because of
Russia. That’s taken off.”
11. In a television interview on May 11, 2017, Donald Trump told journalist Lester
Holt that he had decided to fire Comey before meeting with Attorney General Jeff Sessions and
Deputy Attorney General Rod Rosenstein to discuss whether to fire Comey. According to
Trump: “And in fact when I decided to just do it, I said to myself, I said you know, this Russia
thing with Trump is a made up story.”
12. On May 22, 2017, the Washington Post published an article by journalists Adam
Entous and Ellen Nakashima entitled “Trump asked intelligence chiefs to push back against FBI
collusion probe after Comey revealed its existence.” The article states: “President Trump asked
two of the nation’s top intelligence officials in March to help him push back against an FBI
investigation into possible coordination between his campaign and the Russian government,
according to current and former officials.” It explains that “Trump made separate appeals to the
director of national intelligence, Daniel Coats, and to Adm. Michael S. Rogers, the director of
the National Security Agency, urging them to publicly deny the existence of any evidence of
4
collusion during the 2016 election.”
13. The article further states: “Trump’s conversation with Rogers was documented
contemporaneously in an internal memo written by a senior NSA official, according to the
officials.” At a minimum, the referenced memo should now be easy to find and produce, and it
is of paramount public interest as it may represent an attempt by the President to use the powers
of the intelligence community to interfere in an investigation into his or his associates’ own
potential wrongdoing.
FOIA to NSA and Agency’s Failure to Respond
14. On April 21, 2017, Plaintiff sent a FOIA request to Defendant NSA seeking the
following records:
Pursuant to the Freedom of Information Act (FOIA), 5 U.S.C. § 552, The Protect
Democracy Project hereby requests that your office produce within 20 business days the
following records (see below for clarity on the types of records sought):
1) All records, including but not limited to emails, notes, and memoranda, reflecting,
discussing, or otherwise relating to communications between the National
Security Agency and the Executive Office of the President regarding contacts
between individuals connected with the Russian government and individuals
connected with the Trump campaign or the Trump administration, and/or Russian
involvement with, or attempts to influence or interfere with, the national election
of November 2016.
discussing, or otherwise relating to talking points or other communications with
the public or the media regarding contacts between individuals connected with the
Russian government and individuals connected with the Trump campaign or the
Trump administration, and/or Russian involvement with, or attempts to influence
or interfere with, the national election of November 2016.
Security Agency and the House Permanent Select Committee on Intelligence
(HPSCI) and/or the Senate Select Committee on Intelligence (SSCI), and/or
Representative Devin Nunes, Representative Adam Schiff, Senator Richard Burr,
Senator Mark Warner, and/or any other members or staff of HPSCI or SSCI,
regarding contacts between individuals connected with the Russian government and
5
individuals connected with the Trump campaign or the Trump administration,

and/or Russian involvement with, or attempts to influence or interfere with, the
national election of November 2016.
4) All calendars, agendas, manifests, schedules, notes, lists of attendees, or other

records reflecting or relating to meetings regarding contacts between individuals
connected with the Russian government and individuals connected with the
Trump campaign or the Trump administration, and/or Russian involvement with,
or attempts to influence or interfere with, the national election of November 2016.
5) In addition to the records requested above, we also request records describing the
processing of this request, including records sufficient to identify search terms
used and locations and custodians searched, and any tracking sheets used to track
the processing of this request. If your agency uses FOIA questionnaires or
certifications completed by individual custodians or components to determine
whether they possess responsive materials or to describe how they conducted
searches, we also request any such records prepared in connection with the
processing of this request.
The timeframe for this request is July 1, 2016 through the date that searches are
conducted for records responsive to this FOIA request.
See Exhibit A (NSA FOIA request).
15. Plaintiff also requested a fee waiver pursuant to 5 U.S.C. § 552(a)(4)(A)(iii) or 5
U.S.C. § 552(a)(4)(A)(ii)(II). See Exhibit A.
16. Plaintiff’s request was submitted to the NSA by fax on April 21, 2017.
17. Plaintiff received a letter from Defendant NSA dated May 1, 2017. The NSA
letter stated that Plaintiff’s FOIA request had been received on April 24, 2017. See Exhibit B. It
further stated: “This letter acknowledges that we have received your request and provides some
administrative information.” It explained “we are experiencing delays in processing” and that
“[w]e will begin to process your request and will respond to you again as soon as we are able.”
The NSA response letter noted that “we have not addressed . . . your request for a fee waiver at
this time.”
18. Pursuant to FOIA, within 20 business days of receipt of Plaintiff’s request – that
6
is, no later than May 22, 2017 – Defendant NSA was required to “determine . . . whether to
comply with such request” and to “immediately notify” Plaintiff of “such determination and the
reasons therefor,” and, in the case of an adverse determination, Plaintiff’s appeal rights. 5 U.S.C.
§ 552(a)(6)(A)(i).
19. To date, Defendant NSA has failed to make the required determination and
notifications. Nor has Defendant NSA made a determination regarding Plaintiff’s request for a
fee waiver.
FOIA to ODNI and Office’s Failure to Respond
20. On May 22, 2017, Plaintiff sent a FOIA request to Defendant ODNI seeking the
following records:
discussing, or otherwise relating to communications between the Office of the Director of
National Intelligence and the Executive Office of the President regarding contacts
of November 2016.
discussing, or otherwise relating to communications between the Office of the Director of
National Intelligence and the House Permanent Select Committee on Intelligence
regarding contacts between individuals connected with the Russian government and
7
individuals connected with the Trump campaign or the Trump administration,


See Exhibit C (ODNI FOIA request).
U.S.C. § 552(a)(4)(A)(ii)(II). See Exhibit C.
22. Plaintiff’s request was submitted to the ODNI by email on May 23, 2017.
23. Plaintiff received a letter from Defendant ODNI dated May 24, 2017. The ODNI
letter stated that Plaintiff’s FOIA request had been received on May 23, 2017. See Exhibit D. It
further states: “this acknowledges receipt of your email.” The ODNI response letter noted that
“we may be unable to provide a response within the 20 working days stipulated by the FOIA.”
ODNI acknowledged that while more time might be necessary, the party requesting the
information has the right to treat silence as a denial following the 20 days requirement. The
letter noted that “all fees associated with the processing of this request have been waived.”
24. Pursuant to FOIA, within 20 business days of receipt of Plaintiff’s request – that
8
is, no later than June 20, 2017 – Defendant ODNI was required to “determine . . . whether to
comply with such request” and to “immediately notify” Plaintiff of “such determination and the
reasons therefor,” and, in the case of an adverse determination, Plaintiff’s appeal rights. 5 U.S.C.
§ 552(a)(6)(A)(i).
25. To date, Defendant ODNI has failed to make the required determination and
notifications.
FOIA to DOJ Components
26. On April 21, 2017, Plaintiff sent a FOIA request to several components of
Defendant DOJ, including DOJ’s Office of Information Policy, Criminal Division, National
Security Division, and the Federal Bureau of Investigation.
27. That FOIA request sought the following records:
discussing, or otherwise relating to communications between Department of Justice and
the Executive Office of the President regarding contacts between individuals connected
with the Russian government and individuals connected with the Trump campaign or the
Trump administration, and/or Russian involvement with, or attempts to influence or
interfere with, the national election of November 2016.
discussing, or otherwise relating to communications between the Department of Justice
and the House Permanent Select Committee on Intelligence (HPSCI) and/or the Senate
Select Committee on Intelligence (SSCI), and/or Representative Devin Nunes,
Representative Adam Schiff, Senator Richard Burr, Senator Mark Warner, and/or any
other members or staff of HPSCI or SSCI, regarding contacts between individuals
9
connected with the Russian government and individuals connected with the Trump
campaign or the Trump administration, and/or Russian involvement with, or attempts to
influence or interfere with, the national election of November 2016.

or attempts to influence or interfere with, the national election of November 2016,
including but not limited to any such meetings involving FBI Director James Comey
and/or other employees of the FBI.
See Exhibit E (DOJ FOIA request).
U.S.C. § 552(a)(4)(A)(ii)(II). See Exhibit E.
29. Plaintiff’s request was submitted to the DOJ by fax on April 21, 2017.
30. Plaintiff received a letter from DOJ’s Criminal Division dated April 28, 2017.
See Exhibit F. The letter acknowledged receipt of Plaintiff’s FOIA request on April 25, 2017
and explained that the Criminal Division was “extending the time limit to respond to your
request an additional ten days” under 5 U.S.C. § 552(a)(6)(B). The Criminal Division response
letter noted that “we have not yet made a decision on your request for a fee waiver.” Id.
31. Plaintiff also received a response from DOJ’s Office of Information Policy on
June 6, 2017. See Exhibit G. OIP’s response letter acknowledged receipt of the request on April
10
21, 2017, but stated that the agency was “extend[ing] the time limit to respond to your request
beyond the ten additional days provided by the statute.” Id. OIP’s letter also stated that it had not
yet made a decision on Plaintiff’s request for a fee waiver. Id.
32. Plaintiff also received a response from the DOJ’s National Security Division on
May 4, 2017. See Exhibit H. That letter acknowledged NSD’s receipt of the request on April 21,
2017 and stated that it would be processed on a first-in, first-out basis. Id. NSD’s letter also
stated that it had not yet made a decision on Plaintiff’s request for a fee waiver. Id.
33. Finally, Plaintiff received a response from the Federal Bureau of Investigation,
dated June 2, 2017. See Exhibit I. That FBI response stated that all responsive documents were
exempt from disclosure because they are located in an investigative file exempt from disclosure
under Exemption 7(A) of FOIA, 5 U.S.C. § 552(b)(7)(A). The FBI denied Plaintiff’s request for
a fee waiver as moot.1
34. Pursuant to FOIA, the Department of Justice was required within the applicable
time frame to “determine . . . whether to comply with such request” and to “immediately notify”
Plaintiff of “such determination and the reasons therefor,” and, in the case of an adverse
determination, Plaintiff’s appeal rights. 5 U.S.C. § 52(a)(6)(A)(i).
35. To date, DOJ’s Criminal Division, Office of Information Policy, and National
Security Division have failed to make the required determination and notifications. Nor have
those components made a determination regarding Plaintiff’s request for a fee waiver.
1
Plaintiff will be appealing the FBI’s denial of its FOIA request. Therefore, Plaintiff does not at
this time challenge the FBI’s response as part of this lawsuit.
11
COUNT I - NSA
(Violation of FOIA, 5 U.S.C. § 552)
36. Plaintiff re-alleges and incorporates by reference all preceding paragraphs.
37. Defendant NSA is in violation of FOIA by failing to respond to Plaintiff’s request
within the statutorily prescribed time limit and by unlawfully withholding records responsive to
Plaintiff’s request.
COUNT 2 - ODNI
39. Defendant ODNI is in violation of FOIA by failing to respond to Plaintiff’s
request within the statutorily prescribed time limit and by unlawfully withholding records
responsive to Plaintiff’s request.
COUNT 3 - DOJ
41. Defendant DOJ is in violation of FOIA by failing to respond to Plaintiff’s request
within the statutorily prescribed time limit and by unlawfully withholding records responsive to
Plaintiff’s request.
PRAYER FOR RELIEF
WHEREFORE, Plaintiff respectfully requests that the Court:
(1) Order Defendants, by a date certain, to conduct a search that is reasonably likely to
lead to the discovery of any and all records responsive to Plaintiff’s request;
(2) Order Defendants, by a date certain, to demonstrate that it has conducted an adequate
search;
12
(3) Order Defendants, by a date certain, to produce to Plaintiff any and all non-exempt
records or portions of records responsive to Plaintiff’s request, as well as a Vaughn index of any
records or portions of records withheld due to a claim of exemption;
(4) Enjoin Defendants from improperly withholding records responsive to Plaintiff’s
request;
(5) Order Defendants to grant Plaintiff’s request for a fee waiver;
(6) Grant Plaintiff an award of attorney fees and other reasonable litigation costs pursuant
to 5 U.S.C. § 552(a)(4)(E); and
(7) Grant Plaintiff such other relief as the Court deems appropriate.
Respectfully submitted,
Date: August 3, 2017 /s/ Michael P. Abate
Michael P. Abate
(DDC Bar No. MD28077)
(DC Bar No. 1023343)
Kaplan & Partners LLP
710 W. Main St., 4th Floor
Louisville, KY 40202
Benjamin L. Berwick (MA Bar No. 679207)

Counsel
The Protect Democracy Project, Inc.
2020 Pennsylvania Ave., NW #163
Washington, DC 20006
Phone: 202-599-0466
Fax: 929-777-8428
Counsel for Plaintiff
13
Exhibit A
2020 Pennsylvania Ave NW

#163
Fax: (929) 777-8428
INFO@protectdemocracy.org
FAX
To Whom It May Concern:
Please see the enclosed fax transmission from The Protect Democracy Project. If you have questions
about the contents of the fax, please contact us at INFO@protectdemocracy.org or via phone at (202)
599-0466.
We appreciate your prompt attention to this matter, and look forward to hearing from you soon.
Sincerely,
Ian Bassin
Protect Democracy Project
Exh. A
April 21, 2017
National Security Agency

Attn: FOIA/PA Office
9800 Savage Road, Suite 6932
Ft. George G. Meade, MD 20755-6932
Fax: 443-479-3612
Re: Freedom of Information Act request for communications regarding Russian

interference with 2016 election
Security Agency and the Executive Office of the President regarding contacts
of November 2016.
Security Agency and the House Permanent Select Committee on Intelligence
regarding contacts between individuals connected with the Russian government
2020 Pennsylvania Avenue, NW, #163, Washington, DC 20006

ben.berwick@protectdemocracy.org
and individuals connected with the Trump campaign or the Trump administration,

FEE WAIVER
FOIA provides that any fees associated with a request are waived if “disclosure of
the information is in the public interest because it is likely to contribute significantly to
public understanding of the operations or activities of the government and is not
primarily in the commercial interest of the requester.” 5 U.S.C. § 552(a)(4)(A)(iii). The
core mission of The Protect Democracy Project, a new organization awaiting 501(c)(3)
status, is to inform public understanding on operations and activities of the government.
This request is submitted in consort with the organization’s mission to gather and
disseminate information that is likely to contribute significantly to the public
understanding of executive branch operations and activities. The Protect Democracy
Project has no commercial interests.
In addition to satisfying the requirements for a waiver of fees associated with the
search and processing of records, The Protect Democracy Project is entitled to a waiver
of all fees except “reasonable standard charges for document duplication.” 5 U.S.C.
§ 552(a)(4)(A)(ii)(II). Federal law mandates that fees be limited to document duplication
costs for any requester that qualifies as a representative of the news media. Id. The
Protect Democracy Project operates in the tradition of 501(c)(3) good government
organizations that qualify under FOIA as “news media organizations.” Like those
organizations, the purpose of The Protect Democracy Project is to “gather information of
potential interest to a segment of the public, use its editorial skills to turn the raw
materials into distinct work, and distribute that work to an audience.” Nat’s Sec. Archive

v. Dep’t of Defense, 880 F.2d 1381, 1387 (D.C. Cir. 1989). We intend to give the public
access to documents transmitted via FOIA on our website,
www.unitedtoprotectdemocracy.org, and to provide information about and analysis of
those documents as appropriate.
RESPONSIVE RECORDS
We ask that all types of records and all record systems be searched to discover
records responsive to our request. We seek records in all media and formats. This
includes, but is not limited to: agendas, manifests, calendars, schedules, notes, and any
prepared documentation for meetings, calls, teleconferences, or other discussions
responsive to our request; voicemails; e-mails; e-mail attachments; talking points; faxes;
training documents and guides; tables of contents and contents of binders; documents
pertaining to instruction and coordination of couriers; and any other materials. However,
you need not produce press clippings and news articles that are unaccompanied by any
commentary (e.g., an email forwarding a news article with no additional commentary in
the email thread).
We ask that you search for records from all components of the NSA that may be
reasonably likely to produce responsive results. We also ask that you search all systems
of record, including electronic and paper, in use at your agency, as well as files or emails
in the personal custody of your employees, such as personal email accounts, as required
by FOIA and to the extent that they are reasonably likely to contain responsive records.
The Protect Democracy Project would prefer records in electronic format, saved as PDF
documents, and transmitted via email or CD-rom.
If you make a determination that any responsive record, or any segment within a
record, is exempt from disclosure, we ask that you provide an index of those records at
the time you transmit all other responsive records. In the index, please include a
description of the record and the reason for exclusion with respect to each individual
exempt record or exempt portion of a record, as provided by Vaughn v. Rosen, 484 F.2d
820 (D.C. Cir. 1973), cert. denied, 415 U.S. 977 (1974). When you deem a portion of a
record exempt, we ask that the remainder of the record to be provided, as required by 5
U.S.C. § 552(b).
Given the 20-day statutory deadline, we hope to be as helpful as possible in

clarifying or answering questions about our request. Please contact me at
FOIA@protectdemocracy.org or (202) 599-0466 if you require any additional
information. We appreciate your cooperation, and look forward to hearing from you very
soon.
Sincerely,
Ben Berwick

Counsel
The Protect Democracy Project

Exhibit B
Exhibit C
May 22, 2017
Jennifer L. Hudson
Director, Information Management Division
Office of the Director of National Intelligence
Washington, D.C. 20511
dni-foia@dni.gov
Fax: (703) 275-1299

discussing, or otherwise relating to communications between the Office of the
Director of National Intelligence and the Executive Office of the President
regarding contacts between individuals connected with the Russian government
and individuals connected with the Trump campaign or the Trump administration,
discussing, or otherwise relating to communications between the Office of the
Director of National Intelligence and the House Permanent Select Committee on
Intelligence (HPSCI) and/or the Senate Select Committee on Intelligence (SSCI),
and/or Representative Devin Nunes, Representative Adam Schiff, Senator
Richard Burr, Senator Mark Warner, and/or any other members or staff of HPSCI

or SSCI, regarding contacts between individuals connected with the Russian

government and individuals connected with the Trump campaign or the Trump
administration, and/or Russian involvement with, or attempts to influence or
interfere with, the national election of November 2016.

FEE WAIVER

RESPONSIVE RECORDS
the email thread).
We ask that you search for records from all components of ODNI that may be
reasonably likely to produce responsive results. We also ask that you search all systems
of record, including electronic and paper, in use at your agency, as well as files or emails
in the personal custody of your employees, such as personal email accounts, as required
by FOIA and to the extent that they are reasonably likely to contain responsive records.
The Protect Democracy Project would prefer records in electronic format, saved as PDF
documents, and transmitted via email or CD-rom.
U.S.C. § 552(b).

soon.

Sincerely,
Ben Berwick
Counsel

Exhibit D
Exhibit E
2020 Pennsylvania Ave NW

#163
Fax: (929) 777-8428
INFO@protectdemocracy.org
FAX
Please see the enclosed fax transmission from The Protect Democracy Project. If you have questions
about the contents of the fax, please contact us at INFO@protectdemocracy.org or via phone at (202)
599-0466.
We appreciate your prompt attention to this matter, and look forward to hearing from you soon.
Sincerely,
Ian Bassin
Protect Democracy Project
April 21, 2017
Laurie Day David M. Hardy, Chief

Chief, Initial Request Staff Record/Information Dissemination Section
Office of Information Policy Records Management Division
Department of Justice Federal Bureau of Investigation
Suite 11050 Department of Justice
1425 New York Avenue, N.W. 170 Marcel Drive
Washington, DC 20530-0001 Winchester, VA 22602-4843
Phone: (202) 514-FOIA Phone: (540) 868-4500
Fax: (202) 514-1009 Fax: (540) 868-4997
Amanda M. Jones Arnetta Mallory

Acting Chief, FOIA/PA Unit FOIA Initiatives Coordinator
Criminal Division National Security Division
Department of Justice Department of Justice
Suite 1127, Keeney Building Room 6150, 950 Pennsylvania Avenue,
950 Pennsylvania Avenue, N.W. N.W.
Washington, DC 20530-0001 Washington, DC 20530-0001
Phone: (202) 616-0307 Phone: (202) 233-0754
Fax: (202) 514-6117

discussing, or otherwise relating to communications between the Department of
Justice and the Executive Office of the President regarding contacts between
individuals connected with the Russian government and individuals connected
with the Trump campaign or the Trump administration, and/or Russian
of November 2016.

discussing, or otherwise relating to communications between the Department of
Justice and the House Permanent Select Committee on Intelligence (HPSCI)
and/or the Senate Select Committee on Intelligence (SSCI), and/or Representative
Devin Nunes, Representative Adam Schiff, Senator Richard Burr, Senator Mark
Warner, and/or any other members or staff of HPSCI or SSCI, regarding contacts
of November 2016.

or attempts to influence or interfere with, the national election of November 2016,
including but not limited to any such meetings involving FBI Director James
Comey and/or other employees of the FBI.
FEE WAIVER


RESPONSIVE RECORDS
the email thread).
We ask that you search for records from all components of the Justice Department
that may be reasonably likely to produce responsive results, including but not limited to
the Office of the Attorney General, the Office of the Deputy Attorney General, the Office
of the Associate Attorney General, the Office of Legal Policy, the Office of Public
Affairs, the Office of Legislative Affairs, the Federal Bureau of Investigation, the
Criminal Division, and the National Security Division. We also ask that you search all
systems of record, including electronic and paper, in use at your agency, as well as files
or emails in the personal custody of your employees, such as personal email accounts, as
required by FOIA and to the extent that they are reasonably likely to contain responsive
records. The Protect Democracy Project would prefer records in electronic format, saved
as PDF documents, and transmitted via email or CD-rom.

U.S.C. § 552(b).

soon.
Sincerely,
Ben Berwick
Counsel

Exhibit F
U.S. Department of Justice
Criminal Division
Office of Enforcement Operations Washington, D.C. 20530
VIA Electronic Mail April 28, 2017
Mr. Ben Berwick

Suite 163 Request No. CRM-300595842
2020 Pennsylvania Avenue, NW Subject: Communication between Trump
Washington, DC 20006 Campaign/Administration and
Ben.berwick@protectdemocracy.org individuals connected to Russia
Dear Mr. Berwick:
This acknowledges receipt of your Freedom of Information Act request dated April 21,
2017 seeking records maintained by the Criminal Division concerning the above-mentioned
subject. Your request was received in this Office on April 25, 2017. The request number listed
above has been assigned to your request. Please use this number in all correspondence
concerning your request.
☒ Your request has been received by the Freedom of Information Act/Privacy Act
Unit and we are searching the section(s) most likely to maintain responsive
records.
☒ Because your request presents “unusual circumstances” (See 5 U.S.C. §

552(a)(6)(B)(i)-(iii)), we are extending the time limit to respond to your request
an additional ten days as provided by the statute.
☒ We have not yet made a decision on your request for a fee waiver. We will do so
after we determine whether the processing of your request will result in any
assessable fees.
☐ We have not yet made a decision on your request for preferred fee status. We will
do so after we determine whether the processing of your request will result in any
assessable fees.
☐ Your request for expedited treatment has been:
☐ Granted. Accordingly, your request has been assigned to a Government

Information Specialist in this Office and we will respond to your request as soon
as practicable.
2
☐ Denied. You have not established that your request fits within any of the
four U.S. Department of Justice standards for expedited treatment. If you are not
satisfied with my response to this request, you may administratively appeal by
writing to the Director, Office of Information Policy (OIP), U.S. Department of
Justice, Suite 11050, 1425 New York Avenue, NW, Washington, DC 20530-
0001, or you may submit an appeal through OIP's FOIA online portal by creating
an account on the following website:
https://foiaonline.regulations.gov/foia/action/public/home. Your appeal must be
postmarked or electronically transmitted within 60 days of the date of my
response to your request. If you submit your appeal by mail, both the letter and
the envelope should be clearly marked “Freedom of Information Act Appeal.”
I assure you that your request will be processed as soon as possible. If you have any
questions or wish to discuss reformulation or an alternative time frame for the processing of your
request, you may contact me by telephone at (202) 616-0307, by email at crm.foia@usdoj.gov,
or by mail at the Criminal Division, U.S. Department of Justice, Suite 1127, Keeney Building,
NW, Washington, DC 20530-0001.
You may contact our FOIA Public Liaison at the telephone number listed above for any
further assistance and to discuss any aspect of your request. Additionally, you may contact the
Office of Government Information Services (OGIS) at the National Archives and Records
Administration to inquire about the FOIA mediation services they offer. The contact information
for OGIS is as follows: Office of Government Information Services, National Archives and
Records Administration, Room 2510, 8601 Adelphi Road, College Park, Maryland 20740-6001;
e-mail at ogis@nara.gov; telephone at 202-741-5770; toll free at 1-877-684-6448; or facsimile at
202-741-5769.
Sincerely,
Amanda Marchand Jones

Chief
FOIA/PA Unit
Exhibit G
U.S. Department of Justice
Office of Information Policy
Suite 11050
1425 New York Avenue, NW
Washington, DC 20530-0001
Telephone: (202) 514-3642
June 6, 2017
Re: DOJ-2017-003688 (AG)

DOJ-2017-004495 (DAG)
Mr. Ben Berwick DOJ-2017-004496 (ASG)
The Protect Democracy Project DOJ-2017-004497 (OLP)
2020 Pennsylvania Ave, NW, #163 DOJ-2017-004500 (OLA)
Washington, DC 20006 DOJ-2017-004501 (PAO)
ben.berwick@protectdemocracy.org DRH:ERH
Dear Mr. Berwick:
This is to acknowledge receipt of your Freedom of Information Act (FOIA) request

dated and received in this Office on April 21, 2017, in which you requested records of
communication dating from July 1, 2016, between the Department and the Executive Office of
the President, the media, or Congress regarding (1) contacts between the Trump campaign or
administration and Russia or (2) Russian interference in the 2016 presidential election. This
response is made on behalf of the Offices of the Attorney General, Deputy Attorney General,
Associate Attorney General, Legal Policy, Legislative Affairs, and Public Affairs.
The records you seek require searches in other Offices, and so your request falls within
“unusual circumstances.” See 5 U.S.C. 552 § (a)(6)(B)(i)-(iii). Because of these unusual
circumstances, we need to extend the time limit to respond to your request beyond the ten
additional days provided by the statute. For your information, we use multiple tracks to
process requests, but within those tracks we work in an agile manner, and the time needed to
complete our work on your request will necessarily depend on a variety of factors, including
the complexity of our records search, the volume and complexity of any material located, and
the order of receipt of your request. At this time we have assigned your request to the complex
track. In an effort to speed up our process, you may wish to narrow the scope of your request
to limit the number of potentially responsive records so that it can be placed in a different
processing track. You can also agree to an alternative time frame for processing, should
records be located; or you may wish to await the completion of our records search to discuss
either of these options. You may also contact the Office of Government Information Services
(OGIS) of the National Archives and Records Administration to inquire into the FOIA
mediation services they provide. OGIS can be contacted at the following:
Office of Government Information Services

National Archives and Records Administration
Room 2510
8601 Adelphi Road
College Park, MD 20740-6001
-2-
Telephone: (202) 741-5770

Facsimile: (202) 741-5769
Toll-Free: (877) 684-6448
Email: ogis@nara.gov
We have not yet made a decision on your request for a fee waiver. We will do so after
we determine whether fees will be assessed for this request.
I regret the necessity of this delay, but I assure you that your request will be processed
as soon as possible. If you have any questions or wish to discuss reformulation or an
alternative timeframe for the processing of your request, you may contact me by telephone at
the above number or you may write to me at the Office of Information Policy, United States
Department of Justice, Suite 11050, 1425 New York Avenue, NW, Washington, DC 20530-
0001. Lastly, you may contact our FOIA Public Liaison at the telephone number listed above
to discuss any aspect of your request.
Sincerely,
Eric Hotchkiss
Government Information Specialist
Exhibit H
7/17/2017 United to Protect
Case 1:17-cv-01000-CKK Democracy Mail
Document 12 - NSD FOIA08/07/17
Filed Request # 17-159
Page 46 of 52
Ben Berwick <ben.berwick@protectdemocracy.org>
NSD FOIA Request # 17159
NSDFOIA (NSD) <NSDFOIA@usdoj.gov> Thu, May 4, 2017 at 1:36 PM
To: Caroline McKay <caroline.mckay@protectdemocracy.org>
Cc: Ben Berwick <ben.berwick@protectdemocracy.org>

Ben Berwick
202 Pennsylvania Ave, N.W.
#163
Washington, D.C. 20006

Re: FOIA/PA #17-159

Dear Mr. Berwick:

This is to acknowledge your email dated April 21, 2017 pertaining to 1) all records, including but
not limited to emails, notes, and memoranda, reflecting, discussing, or otherwise relating to communications
between the Department of Justice and the Executive Office of the President regarding contacts between
individuals connected with the Russian government and individuals connected with the Trump campaign or
the Trump administration, and/or Russian involvement with, or attempts to influence or interfere with, the
national election of November 2016. 2) All records, including but not limited to emails, notes, and
memoranda, reflecting, discussing, or otherwise relating to talking points or other communications with the
public or the media regarding contacts between individuals connected with the Russian government and
individuals connected with the Trump campaign or the Trump administration, and/or Russian involvement
with, or attempts to influence or interfere with, the national election of November 2016. 3) All records,
including but not limited to emails, notes, and memoranda, reflecting, discussing, or otherwise relating to
communications between the Department of Justice and the House Permanent Select Committee on
Intelligence (HPSCI) and/or the Senate Select Committee on Intelligence (SSCI), and/or Representative
Devin Nunes, Representative Adam Schiff, Senator Richard Burr, Senator Mark Warner, and/or any other
members or staff of HPSCI or SSCI, regarding contacts between individuals connected with the Russian
government and individuals connected with the Trump campaign or the Trump administration, and/or
Russian involvement with, or attempts to influence or interfere with, the national election of November
2016. 4) All calendars, agendas, manifests, schedules, notes, lists of attendees, or other records reflecting
or relating to meetings regarding contacts between individuals connected with the Russian government and
individuals connected with the Trump campaign or the Trump administration, and/or Russian involvement
with, or attempts to influence or interfere with, the national election of November 2016, including but not
limited to any such meetings involving FBI Director James Comey and/or other employees of the FBI. 5) In
addition to the records requested above, we also request records describing the processing of this request,
including records sufficient to identify search terms used and locations and custodians searched, and any
tracking sheets used to track the processing of this request. If your agency uses FOIA questionnaires or
certifications completed by individual custodians or components to determine whether they possess
responsive materials or to describe how they conducted searches, we also request any such records
prepared in connection with the processing of this request. Our FOIA office received your Freedom of
Information Act request on April 21, 2017.

https://mail.google.com/mail/u/0/?ui=2&ik=eb781f1d75&jsver=YLDmfjBKkgk.en.&view=pt&msg=15bd489fcd4852c1&q=nsd&search=query&siml=15bd489fcd48… 1/2
7/17/2017 United to Protect
Case 1:17-cv-01000-CKK Democracy Mail
Document 12 - NSD FOIA08/07/17
Filed Request # 17-159
Page 47 of 52
Our policy is to process FOIA requests on a first-in, first-out basis. Consistent with this policy,
every effort will be made to respond to your request as quickly as possible. The actual processing time will
depend upon the complexity of the request, whether it involves sensitive or voluminous records, and
whether consultations with other agencies or agency components are appropriate.

Also, you requested a waiver of processing fees, this is under consideration. We will notify you
once a decision has been made. You may contact our office at (202) 2330754 if you have any questions
regarding your request.

Sincerely,
Arnetta Mallory
Government Information Specialist

From: Caroline McKay [mailto:caroline.mckay@protectdemocracy.org]
Sent: Friday, April 21, 2017 4:40 PM
To: NSDFOIA (NSD) <Ex_NSDFoia@jmd.usdoj.gov>
Cc: Ben Berwick <ben.berwick@protectdemocracy.org>
Subject: Freedom of Information Act Request

Please see the attached Freedom of Information Act request.
Ben Berwick (cc'd), Counsel with Protect Democracy, can answer any questions about the request.
Thanks very much, and we look forward to hearing from you soon.
Sincerely,
Caroline McKay
https://mail.google.com/mail/u/0/?ui=2&ik=eb781f1d75&jsver=YLDmfjBKkgk.en.&view=pt&msg=15bd489fcd4852c1&q=nsd&search=query&siml=15bd489fcd48… 2/2
Exhibit I

12 - Am Compl

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Case 1:17-cv-01000-CKK Document 12 Filed 08/07/17 Page 1 of 52

IN THE UNITED STATES DISTRICT COURT

Information Act (FOIA), 5 U.S.C. § 552. Plaintiff alleges as follows:

JURISDICTION AND VENUE

and 28 U.S.C. § 1331.

2. Venue is proper in this district pursuant to 5 U.S.C. § 552(a)(4)(B).

3. Plaintiff The Protect Democracy Project, Inc. is an organization awaiting

www.protectdemocracy.org, and to provide information about and analysis of those documents

4. Defendant U.S. National Security Agency (NSA) is an agency of the executive

documents that Plaintiff seeks in response to its FOIA request.

5. Defendant Office of the Director of National Intelligence (ODNI) is an office of

6. Defendant Department of Justice (DOJ) is a department of the executive branch of

7. On January 6, 2017, the United States intelligence community (IC) released a

am not under investigation.”

Russia. That’s taken off.”

thing with Trump is a made up story.”

collusion during the 2016 election.”

contemporaneously in an internal memo written by a senior NSA official, according to the

FOIA to NSA and Agency’s Failure to Respond

individuals connected with the Trump campaign or the Trump administration,

4) All calendars, agendas, manifests, schedules, notes, lists of attendees, or other

See Exhibit A (NSA FOIA request).

15. Plaintiff also requested a fee waiver pursuant to 5 U.S.C. § 552(a)(4)(A)(iii) or 5

U.S.C. § 552(a)(4)(A)(ii)(II). See Exhibit A.

FOIA to ODNI and Office’s Failure to Respond

individuals connected with the Trump campaign or the Trump administration,

4) All calendars, agendas, manifests, schedules, notes, lists of attendees, or other

See Exhibit C (ODNI FOIA request).

21. Plaintiff also requested a fee waiver pursuant to 5 U.S.C. § 552(a)(4)(A)(iii) or 5

U.S.C. § 552(a)(4)(A)(ii)(II). See Exhibit C.

FOIA to DOJ Components

Security Division, and the Federal Bureau of Investigation.

27. That FOIA request sought the following records:

4) All calendars, agendas, manifests, schedules, notes, lists of attendees, or other

See Exhibit E (DOJ FOIA request).

28. Plaintiff also requested a fee waiver pursuant to 5 U.S.C. § 552(a)(4)(A)(iii) or 5

U.S.C. § 552(a)(4)(A)(ii)(II). See Exhibit E.

yet made a decision on Plaintiff’s request for a fee waiver. Id.

a fee waiver as moot.1

determination, Plaintiff’s appeal rights. 5 U.S.C. § 52(a)(6)(A)(i).

36. Plaintiff re-alleges and incorporates by reference all preceding paragraphs.

37. Defendant NSA is in violation of FOIA by failing to respond to Plaintiff’s request

38. Plaintiff re-alleges and incorporates by reference all preceding paragraphs.

39. Defendant ODNI is in violation of FOIA by failing to respond to Plaintiff’s

responsive to Plaintiff’s request.

40. Plaintiff re-alleges and incorporates by reference all preceding paragraphs.

41. Defendant DOJ is in violation of FOIA by failing to respond to Plaintiff’s request

PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully requests that the Court:

records or portions of records withheld due to a claim of exemption;

(4) Enjoin Defendants from improperly withholding records responsive to Plaintiff’s

(5) Order Defendants to grant Plaintiff’s request for a fee waiver;

to 5 U.S.C. § 552(a)(4)(E); and

Date: August 3, 2017 /s/ Michael P. Abate

Benjamin L. Berwick (MA Bar No. 679207)

Counsel for Plaintiff

2020 Pennsylvania Ave NW

April 21, 2017

National Security Agency

Re: Freedom of Information Act request for communications regarding Russian

To Whom It May Concern:

2020 Pennsylvania Avenue, NW, #163, Washington, DC 20006

4) All calendars, agendas, manifests, schedules, notes, lists of attendees, or other

2020 Pennsylvania Avenue, NW, #163, Washington, DC 20006