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)
5/26/2017
Gmail - Request for records under the Freedom of Information Act
Jason Leopold
Request for records under the Freedom of Information Act
1 message
Jason Leopold
ReplyTo: jasonleopold@gmail.com
To: CRM FOIA
Mon, May 15, 2017 at 10:37 AM
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: jasonleopold@gmail.com
Phone: 2132704334
RECORDS SOUGHT
I request disclosure from the Department of Criminal Division the following records:
1. Any and all records mentioning or referring to Mikhail Lesin, a former Russian government official, who died in 2015.
Senator Roger Wicker had called upon the Department of Justice, in a letter sent to thenAttorney General Eric Holder, to
investigate Mr. Lesin. https://www.wicker.senate.gov/public/_cache/files/8beaa73a341b4b518843d2aacafc1708/2014
0729lettertoagholderrelesin.pdf According to Senator Wicker’s office, AG Holder informed the Senator in a letter that
the request was forwarded to the criminal division.
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 (softcopy) on a compact disk or
other like media.
EXHIBIT D
https://mail.google.com/mail/u/0/?ui=2&ik=743397d0be&view=pt&q=lesin&qs=true&search=query&th=15c0d2ff47c75eb2&siml=15c0d2ff47c75eb2
1/3
5/26/2017
Gmail - Request for records under the Freedom of Information Act
FEE CATEGORY AND REQUEST FOR A FEE WAIVER
I am an investigative reporter for BuzzFeed News covering a widerange 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.
https://mail.google.com/mail/u/0/?ui=2&ik=743397d0be&view=pt&q=lesin&qs=true&search=query&th=15c0d2ff47c75eb2&siml=15c0d2ff47c75eb2
2/3
5/26/2017
Gmail - Request for records under the Freedom of Information Act
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.
Jason Leopold | BuzzFeed News | Senior Investigative Reporter | (213) 2704334 | @JasonLeopold | 6824 Lexington
Avenue, Los Angeles, CA 90038
Send me documents and tips, anonymously and securely: contact.buzzfeed.com
My personal PGP
https://mail.google.com/mail/u/0/?ui=2&ik=743397d0be&view=pt&q=lesin&qs=true&search=query&th=15c0d2ff47c75eb2&siml=15c0d2ff47c75eb2
3/3
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?