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)

May 10, 2017

This is a request for records under the Freedom of Information Act (“FOIA”), 5 U.S.C.
§ 552 and the Privacy Act, 5 U.S.C. § 552a. This request should be considered under
both statutes to maximize the release of records.
REQUESTER INFORMATION
Name: Jason Leopold
Affiliation: Senior Investigative Reporter/BuzzFeed News
Address: 1669 Benedict Canyon Drive
Beverly Hills, CA 90210
Email: [e-mail]
Phone: [phone]
RECORDS SOUGHT

I request disclosure from the Department of Justice Executive Office of US Attorneys
the following records:

1. The complete US attorney case file relating to the investigation into the death
of Mikhail Lesin. As noted in a press release dated October 28, 2016, the US
Attorney for the District of Columbia had worked with the DC Metro Police
and the FBI investigating the death of Mikhail Lesin. 1
2. Any and all video footage, as cited in the press release, obtained during the
course of the investigation.
3. All interview transcripts, notes, exhibits, photographs, audio recordings,
obtained, written and maintained during the course of the investigation into
Mikhail Lesin’s death.

Under the FOIA Improvement Act of 2016, agencies must adopt a presumption of
disclosure, withholding information “only if . . . disclosure would harm an interest
protected by an exemption” or “disclosure is prohibited by law.”

ADDITIONAL INSTRUCTIONS REGARDING REQUEST
Please produce all records with administrative markings and pagination included.
Please send a memo (copy to me) to the appropriate units in your office to assure
that no records related to this request are destroyed. Please advise of any
destruction of records and include the date of and authority for such destruction.
FORMAT
I request that any releases stemming from this request be provided to me in digital
format (soft-copy) on a compact disk or other like media.

https://www.justice.gov/usao-dc/pr/investigation-death-mikhail-lesin-hasclosed-manner-death-determined-accident
1

EXHIBIT C

FEE CATEGORY AND REQUEST FOR A FEE WAIVER

I am an investigative reporter for BuzzFeed News covering a wide-range of issues,
including Guantanamo, national security, counterterrorism, civil liberties, human
rights, and open government. Additionally, my reporting has been published in VICE
News, The Guardian, The Wall Street Journal, The Financial Times, Salon, CBS
Marketwatch, The Los Angeles Times, The Nation, Truthout, Al Jazeera English and
Al Jazeera America.

I am willing to pay any reasonable expenses associated with this request, however,
as the purpose of the requested disclosure is in full conformity with the statutory
requirements for a waiver of fees, I formally request such a waiver. I request a
waiver of all costs pursuant to 5 U.S.C. §552(a)(4)(A)(iii) (“Documents shall be
furnished without any charge ... 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.”). Disclosure in this case meets the statutory criteria, and a
fee waiver would fulfill Congress’s legislative intent in amending FOIA. See Judicial
Watch, Inc. v. Rossotti, 326 F.3d 1309, 1312 (D.C. Cir. 2003) (“Congress amended
FOIA to ensure that it be ‘liberally construed in favor of waivers for noncommercial
requesters.’”). I incorporate by reference the explanation and attached materials in
the above sections which demonstrates why the requested information is in the
public interest.
Under 32 C.F.R. 1900.13(b), “Records will be furnished without charge or at a
reduced rate whenever the Agency determines . . . (2) That it is in the public interest
because it is likely to contribute significantly to the public understanding of the
operations or activities of the United States Government and is not primarily in the
commercial interest of the requester.”

Should my request for a fee waiver be denied, I request that I be categorized as a
member of the news media for fee purposes pursuant to 32 C.F.R.
1900.02(h)(3). According to 5 U.S.C. § 552(a)(4)(A)(ii), which codified the ruling of
Nat’l Security Archive v. Dep’t of Defense, 880 F.2d 1381 (D.C. Cir. 1989), the term “a
representative of the news media” means any person or entity that gathers
information of potential interest to a segment of the public, uses its editorial skills to
turn the raw materials into a distinct work, and distributes that work to an
audience. This is consistent with the definition provided in 32 C.F.R. 1900.02(h)(3)
As the legislative history of FOIA reveals, “It is critical that the phrase
‘representative of the news media’ be broadly interpreted if the act is to work as
expected. . . . In fact, any person or organization which regularly publishes or
disseminates information to the public . . . should qualify for waivers as a
‘representative of the news media.’” 132 Cong. Rec. S14298 (daily ed. Sept. 30,
1986) (emphasis in original quotation); and 2) “A request by a reporter or other
person affiliated with a newspaper, magazine, television or radio station, or other
entity that is in the business of publishing or otherwise disseminating information

to the public qualifies under this provision.” 132 Cong. Rec. H9463 (Oct. 8, 1986)
(emphasis in original quotation)). Therefore, in accordance with the Freedom of
Information Act and relevant case law, I, Jason Leopold, should be considered a
representative of the news media.

Should my request for a fee waiver be denied, I request that I be categorized as a
member of the news media for fee purposes. According to 5 U.S.C. §
552(a)(4)(A)(ii), which codified the ruling of Nat’l Security Archive v. Dep’t of
Defense, 880 F.2d 1381 (D.C. Cir. 1989), the term “a representative of the news
media” means any person or entity that gathers information of potential interest to
a segment of the public, uses its editorial skills to turn the raw materials into a
distinct work, and distributes that work to an audience.
As the legislative history of FOIA reveals, “It is critical that the phrase
‘representative of the news media’ be broadly interpreted if the act is to work as
expected. . . . In fact, any person or organization which regularly publishes or
disseminates information to the public . . . should qualify for waivers as a
‘representative of the news media.’” 132 Cong. Rec. S14298 (daily ed. Sept. 30,
1986) (emphasis in original quotation); and 2) “A request by a reporter or other
person affiliated with a newspaper, magazine, television or radio station, or other
entity that is in the business of publishing or otherwise disseminating information
to the public qualifies under this provision.” 132 Cong. Rec. H9463 (Oct. 8, 1986)
(emphasis in original quotation)). Therefore, in accordance with the Freedom of
Information Act and relevant case law, I, Jason Leopold, should be considered a
representative of the news media.

I have the intent and ability to disseminate this significant expansion of public
understanding of government operations. The public interest in this significant
expansion of public understanding of government operations far outweighs any
commercial interest of my own in the requested release. Accordingly, my fee waiver
request amply satisfies my request for a fee waiver. Legislative history and judicial
authority emphatically support this determination. For these reasons, and based
upon their extensive elaboration above, I request a full waiver of fees be granted. I
will appeal any denial of my request for a waiver administratively and to the courts
if necessary.