The New York Times Company et al v. United States Central Command

Filing 9

ANSWER to 1 Complaint. Document filed by United States Central Command..(Normand, Sarah)

DAMIAN WILLIAMS
United States Attorney for the
Southern District of New York
SARAH S. NORMAND
Assistant United States Attorney
86 Chambers Street, Third Floor
New York, New York 10007
Telephone: [phone]
Facsimile: [phone]
[e-mail]
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
............................................................................... x
THE NEW YORK TIMES COMPANY and
CHARLIE SAVAGE,
Plaintiffs,

21 Civ. 8297 (LGS)
ANSWER

v.
UNITED STATES CENTRAL COMMAND,
Defendant.
............................................................................... x

Defendant the United States Central Command (“CENTCOM”), by its attorney Damian
Williams, United States Attorney for the Southern District of New York, answers the complaint
upon information and belief as follows:
1.

The allegations in paragraph 1 constitute a characterization of this action, to which

no response is required. To the extent a response is required, denies the allegations in
paragraph 1, except admits that this action is putatively brought under the Freedom of
Information Act (“FOIA”), 5 U.S.C. § 552.
2.

Denies knowledge or information sufficient to form a belief as to the truth of the

allegations in paragraph 2.
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3.

Denies knowledge or information sufficient to form a belief as to the truth of the

allegations in paragraph 3.
4.

Admits that CENTCOM has possession of the requested record.

The remaining

allegations in paragraph 4 constitute legal conclusions to which no response is required.
5.

The allegations in paragraph 5 constitute legal conclusions as to jurisdiction, to

which no response is required.
6.

The allegations in paragraph 6 constitute legal conclusions as to venue, to which no

response is required.
7.

The allegations in paragraph 7 constitute legal conclusions, to which no response is

required.
8.

Denies the allegations in the first sentence of paragraph 8. The allegations in the

second sentence of paragraph 8 constitute legal conclusions, to which no response is required.
9.

Admits that U.S. forces carried out a strike in Kabul, Afghanistan on August 29,

2021, that the target of the strike was a vehicle, and that the strike resulted in the unintended
deaths of ten civilians.

To the extent paragraph 9 cites a newspaper article, no response is

required. The Court is respectfully referred to the cited article for a true and complete
statement of its contents.
10.

The allegations in paragraph 10 constitute characterizations of statements by

“officials” as reported in a newspaper article. The Court is respectfully referred to the cited
article for a true and complete statement of its contents.
11.

Admits the allegations in paragraph 11, and avers that the strike was a tragic
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mistake.

To the extent paragraph 11 cites a newspaper article, no response is required.

The

Court is respectfully referred to the cited article for a true and complete statement of its contents.
12.

Admits that plaintiff Charlie Savage submitted a FOIA request to CENTCOM on or

about September 8, 2021, and respectfully refers the Court to that FOIA request for a true and
complete statement of its contents.
13.

Admits the allegations in paragraph 13.

14.

Denies the allegations in paragraph 14, and avers that CENTCOM sent plaintiff

an interim letter on September 17, 2021.
15.

Repeats, realleges, and reincorporates its responses to the foregoing paragraphs as

though fully set forth herein.
16.

The allegations in paragraph 16 constitute legal conclusions to which no response

is required.
17.

Denies the allegations the first sentence of paragraph 17. The remaining

allegations in paragraph 17 constitute legal conclusions to which no response is required.
18.

The allegations in paragraph 18 constitute legal conclusions to which no response

is required.
19.

Denies the allegations in paragraph 19.

20.

Denies the allegations in paragraph 20.

21-24. The remainder of the complaint contains a request for relief, to which no response
is required. To the extent a response is deemed required, CENTCOM denies the allegations
contained in the remainder of the complaint and states that plaintiffs are not entitled to the
requested relief or any relief whatsoever.
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CENTCOM denies all allegations in plaintiffs’ complaint not expressly admitted or
denied.
DEFENSES
FIRST DEFENSE
Plaintiffs fail to state a claim upon which relief may be granted.
SECOND DEFENSE
The requested record is exempt from disclosure.

See 5 U.S.C. § 552(b).

THIRD DEFENSE
The Court lacks subject matter jurisdiction over plaintiffs’ request for relief that exceeds
the relief authorized under FOIA, 5 U.S.C. § 552.
CENTCOM may have additional defenses which are presently unknown but may be
ascertained at a later time.

CENTCOM reserves the right to assert each and every affirmative

or other defense that may be available, including any defenses available pursuant to Federal
Rules of Civil Procedure 8 and 12.

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WHEREFORE, defendant is entitled to judgment dismissing plaintiffs’ complaint with
prejudice and granting such further relief as the Court deems just, including costs and
disbursements.
Dated: New York, New York
November 10, 2021

Respectfully submitted,
DAMIAN WILLIAMS
United States Attorney for the
Southern District of New York
Attorney for Defendant
By:

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/s/ Sarah S. Normand
SARAH S. NORMAND
Assistant United States Attorney
86 Chambers Street, Third Floor
New York, New York 10007
Telephone: [phone]
Fax: [phone]
E-mail: [e-mail]