JAMES MADISON PROJECT v. CENTRAL INTELLIGENCE AGENCY

Filing 3

ANSWER to Complaint by CENTRAL INTELLIGENCE AGENCY. Related document: 1 Complaint filed by JAMES MADISON PROJECT.(Mei, Vesper)

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JAMES MADISON PROJECT v. CENTRAL INTELLIGENCE AGENCY Doc. 3 Case 1:07-cv-01382-RMU Document 3 Filed 09/07/2007 Page 1 of 3 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA THE JAMES MADISON PROJECT, Plaintiff, v. CENTRAL INTELLIGENCE AGENCY, Defendant. ) ) ) ) ) ) ) ) ) ) Case No. 1:07cv01382 (RMU) ANSWER Defendant Central Intelligence Agency (CIA), by its undersigned attorneys, hereby answers plaintiff's complaint as follows: 1. Paragraph 1 of the complaint contains plaintiff's legal conclusions regarding jurisdiction for this action, to which no response is required. 2. Paragraph 2 of the complaint contains plaintiff's legal conclusions regarding venue for this action, to which no response is required. 3. Defendant lacks knowledge or information sufficient to form a belief as to the truth of the allegations in Paragraph 3 of the complaint, and so denies them. 4. Admit that the CIA is a federal agency within the meaning of 5 U.S.C. 552(e); admit that the CIA possesses some documents responsive to plaintiff's FOIA request. 5. Admit that, by letter dated June 26, 2007, plaintiff submitted a FOIA request to the CIA. The remainder of this paragraph contains plaintiff's characterization of its request, to which no response is required. To the extent that a response is required, defendant denies the allegations on the ground that plaintiff's FOIA request speaks for itself and respectfully refers the Court to that request for a complete and accurate statement of its contents. Dockets.Justia.com Case 1:07-cv-01382-RMU Document 3 Filed 09/07/2007 Page 2 of 3 6. Admit that the CIA sent plaintiff a letter dated July 4, 2007. The remainder of the paragraph contains plaintiff's characterization of that letter, to which no response is required. To the extent that a response is required, defendant denies the allegations on the ground that the letter speaks for itself and respectfully refers the Court to the letter for a complete and accurate statement of its contents. 7. Paragraph 7 of the complaint contains plaintiff's legal conclusions regarding jurisdiction for this action, to which no response is required. To the extent that a response is required, admit. 8. Paragraph 8 of the complaint contains plaintiff's legal conclusions regarding jurisdiction for this action, to which no response is required. To the extent that a response is required, deny. The remainder of the complaint sets forth plaintiff's request for relief, to which no response is required. To the extent that a response is required, defendant denies the remaining allegations and denies that plaintiff is entitled to any relief. Defendant hereby denies all allegations not expressly admitted or denied. WHEREFORE, having fully answered, defendant asserts that plaintiff is not entitled to the relief requested, or to any relief whatsoever, and requests that defendant be given such other relief as the Court deems just and proper. FIRST AFFIRMATIVE DEFENSE Defendant objects to the Complaint to the extent that answering it imposes obligations upon it that exceed those imposed by the FOIA. -2- Case 1:07-cv-01382-RMU Document 3 Filed 09/07/2007 Page 3 of 3 SECOND AFFIRMATIVE DEFENSE Plaintiff is not entitled to compel the production of records protected from disclosure by any applicable exemptions. Dated: September 7, 2007 Respectfully submitted, PETER D. KEISLER Assistant Attorney General JEFFREY A. TAYLOR United States Attorney JOHN R. TYLER Senior Trial Counsel Of Counsel: Polly B. Smothergill Assistant General Counsel Office of General Counsel Central Intelligence Agency Washington, D.C. 20505 /s/ Vesper Mei VESPER MEI (D.C. Bar No. 455778) Trial Attorney United States Department of Justice Civil Division, Federal Programs Branch Post Office Box 883 Washington, D.C. 20044 Telephone: (202) 514-4686 Facsimile: (202) 616-8470 (fax) E-mail: vesper.mei@usdoj.gov Counsel for Defendant -3-

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