LEOPOLD et al v. U.S. DEPARTMENT OF JUSTICE et al

Filing 1

COMPLAINT against ALL DEFENDANTS ( Filing fee $ 400 receipt number 0090-5051867), filed by JASON LEOPOLD, BUZZFEED, INC.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Civil Cover Sheet, # 6 Summons, # 7 Summons, # 8 Summons, # 9 Summons)(Topic, Matthew)

Case 1:17-cv-01525 Document 1 Filed 07/28/17 Page 1 of 7

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
JASON LEOPOLD,
6824 Lexington Avenue
Los Angeles, CA 90038
BUZZFEED INC.,
111 East 18th Street, 13th Floor
New York, NY 10003
Plaintiffs,
v.
U.S. DEPARTMENT OF JUSTICE,
950 Pennsylvania Avenue, NW
Washington, D.C. 20530
FEDERAL BUREAU OF
INVESTIGATION,
935 Pennsylvania Avenue, NW
Washington, D.C. 20535
U.S. DOJ CRIMINAL DIVISION,
950 Pennsylvania Avenue, NW
Washington, D.C. 20530
U.S. DOJ EXECUTIVE OFFICE FOR
U.S. ATTORNEYS,
950 Pennsylvania Avenue, NW
Washington, DC 20530
Defendants.

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COMPLAINT
1.

Plaintiffs JASON LEOPOLD and BUZZFEED INC. file this Freedom of

Information Act suit to force Defendants FEDERAL BUREAU OF INVESTIGATION, DOJ
CRIMINAL DIVISION, and DOJ EXECUTIVE OFFICE FOR US ATTORNEYS to produce
records related to the death of Mikhail Yuriyevich Lesin—a prominent adviser to Vladamir Putin
who was found dead of blunt force trauma to the head in a D.C. hotel in November 2015.

Case 1:17-cv-01525 Document 1 Filed 07/28/17 Page 2 of 7

PARTIES
2.

Plaintiffs JASON LEOPOLD and BUZZFEED INC. are members of the media

and made the FOIA requests at issue in this case.
3.

Defendant U.S. DEPARTMENT OF JUSTICE (“DOJ”) is a federal agency

subject to the Freedom of Information Act, 5 U.S.C. § 552. All of the other Defendants are
components of DOJ.
4.

Defendant FEDERAL BUREAU OF INVESTIGATION is a federal agency

subject to the Freedom of Information Act, 5 U.S.C. § 552.
5.

Defendant U.S. DEPARTMENT OF JUSTICE CRIMINAL DIVISION (“CRM”)

is a federal agency subject to the Freedom of Information Act, 5 U.S.C. § 552.
6.

Defendant U.S. DEPARTMENT OF JUSTICE EXECUTIVE OFFICE FOR U.S.

ATTORNEYS (“EOUSA”) is a federal agency subject to the Freedom of Information Act, 5
U.S.C. § 552.
JURISDICTION AND VENUE
7.

This case is brought under 5 U.S.C. § 552(a)(6)(c)(i) and presents a federal

question conferring jurisdiction on this Court.
8.

Venue is proper under 5 U.S.C. § 552(a)(4)(B) because a plaintiff may always

bring a federal FOIA suit in the U.S. District Court for the District of Columbia.
BACKGROUND
9.

Interference by the Russian government in U.S. politics has been a subject of

significant interest to the FBI, other federal agencies, the media, and the general public.
10.

While an FBI investigation into Russian interference and possible related illegal

activity by members of the Trump campaign was pending, President Trump fired FBI Director
James Comey.

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11.

A special prosecutor has been appointed to investigate Russian interference and

any ties between Russia and members of the Trump campaign. According to Fox News shortly
after the appointment was made, 68% percent of Americans approved of the appointment.
12.

The Trump administration has given varying, inconsistent accounts of why

Comey was fired, but President Trump eventually explained: “Regardless of the [DOJ]
recommendation I was going to fire Comey.”
13.

Comey’s firing came after a meeting between Comey and President Trump in

which the President asked Comey to disclose whether he was under investigation. Comey and
President Trump have given varying accounts of the discussion.
14.

In a recent meeting with Russian officials, President Trump said: “I just fired the

head of the FBI. He was crazy, a real nut job.” The President also told Russian officials: “I faced
great pressure because of Russia. That’s taken off.”
15.

According to Fox News shortly after Comey’s firing, 60% of Americans believe

that President Trump fired FBI Director Comey “because FBI investigations were harming the
White House rather than because Comey was harming the agency.”
16.

Before his death from blunt force trauma to the head in November 2015, Mikhail

Yuriyevich Lesin was an adviser to Vladamir Putin.
17.

Lesin is generally credited with achieving Kremlin control over the Russian news

media and running propaganda for Putin.
18.

In 2014, U.S. Senator Roger Wicker asked the Justice Department to conduct a

criminal investigation into Lesin for violations of the Foreign Corrupt Practices Act and AntiMoney Laundering statutes. The Justice Department has confirmed that it referred Lesin’s case
to the Criminal Division and the FBI.

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19.

Russian officials initially claimed that Lesin died from a heart attack, but the chief

medical examiner for Washington D.C. later announced that the cause of death was blunt force
trauma to the head.
20.

According to Time magazine, “the medical examiner also revealed that Lesin’s

body had apparently been pummeled, with injuries to his arms, legs, neck and torso.”
21.

Time has also reported that there has been “a mixed message from the U.S.

government on federal law enforcement’s interest in Lesin.”
22.

According to the U.S. Attorney for the District of D.C., Lesin’s death was not the

result of foul play. Thus, there is no pending investigation into Lesin’s death.
FBI’S FOIA VIOLATION
23.

On April 8, 2016, LEOPOLD requested from FBI any records related to the

investigation into Lesin’s death. A true and correct copy of the request is attached as Exhibit A.
24.

FBI acknowledged receipt of the request but failed to produce any records, deny

the request, or otherwise respond to it.
25.

On February 22, 2017, Plaintiffs again requested from FBI any records related to

the investigation into Lesin’s death. A true and correct copy of the request is attached as Exhibit
B.
26.

The FBI again acknowledged receipt of the request but failed to produce any

records or otherwise comply with FOIA in responding to it.
27.

In response to an inquiry from LEOPOLD sent nearly three months after the

February 2017 FOIA request, FBI informed LEOPOLD that it was still unable to provide an
estimated completion date and explained that FBI is currently taking an average of 181 days to
respond to requests involving 50 pages or less and 659 days to respond to requests involving
more than 50 pages.

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28.

FBI’s responses to Plaintiffs specifically, and its long backlog of requests more

generally, violate the Freedom of Information Act.
EOUSA’S FOIA VIOLATION
29.

On May 10, 2017, Plaintiffs requested from EOUSA the complete case file

relating to the investigation into Lesin’s death, the video footage obtained in the investigation,
and interview transcripts and other materials written and maintained during the course of the
investigation into Lesin’s death. A true and correct copy of the request is attached as Exhibit C.
30.

In violation of FOIA, EOUSA has failed to respond to the request.
CRM’S FOIA VIOLATION

31.

On May 15, 2017, Plaintiffs requested from CRM records mentioning or referring

to Lesin. A true and correct copy of the request is attached as Exhibit D.
32.

In violation of FOIA, CRM has failed to respond to the request, other than to

acknowledge its receipt.
COUNT I – FBI
33.

The above paragraphs are incorporated herein.

34.

Defendant FBI is an agency subject to FOIA.

35.

LEOPOLD made a FOIA request to FBI on April 8, 2016.

36.

Plaintiffs made a FOIA request to FBI on February 22, 2017.

37.

FBI has failed to produce the requested records or otherwise comply with the

Freedom of Information Act in response to the requests.
COUNT II – EOUSA
38.

The above paragraphs are incorporated herein.

39.

Defendant EOUSA is an agency subject to FOIA.

40.

Plaintiffs made a FOIA request to EOUSA on May 10, 2017.

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41.

EOUSA has failed to produce the requested records or otherwise comply with the

Freedom of Information Act in response to the requests.
COUNT III – CRM
42.

The above paragraphs are incorporated herein.

43.

Defendant CRM is an agency subject to FOIA.

44.

Plaintiffs made a FOIA request to CRM on May 15, 2017.

45.

CRM has failed to produce the requested records or otherwise comply with the

Freedom of Information Act in response to the requests.
WHEREFORE, Plaintiffs ask the Court to:
i.

Order Defendants to conduct a reasonable search for records and to produce all
non-exempt requested records;

ii.

Award Plaintiffs attorney fees and costs; and

iii.

Enter any other relief the Court deems appropriate.

DATED: July 28, 2017

Respectfully Submitted,
/s/ Matthew Topic
Attorneys for Plaintiffs
Matthew Topic
Illinois ARDC No.: 6290922
(E-Mail: [e-mail]) LOEVY
& LOEVY
311 N. Aberdeen, Third Floor
Chicago, Illinois 60607
Tel.: [phone]
Fax: [phone]
Nabiha Syed
New York Bar No.: 5058672
(E-Mail: [e-mail])
BUZZFEED INC.
111 East 18th Street, 13th Floor New
York, NY 10003
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Case 1:17-cv-01525 Document 1 Filed 07/28/17 Page 7 of 7

Tel.: [phone]
Fax: [phone]
Pro Hac Vice Motion Forthcoming

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