Category Archives: Operation 45

FOIA Litigation Produces Letter from Senators Feinstein and Cardin Urging President Obama to Directly Respond to Russian Cyberattacks

FOIA Litigation Produces Letter from Senators Feinstein and Cardin Urging President Obama to Directly Respond to Russian Cyberattacks

Washington, DC —  Today, as a result of ongoing FOIA litigation, the US Department of State and Department of Homeland Security released four (4) documents to the newly formed transparency project Operation 45.  Among the documents released Friday afternoon were records responsive to a November 1, 2016 letter from Senators Dianne Feinstein and Benjamin Cardin wherein the Senators call on then President Barack Obama to take immediate action against Russia for intrusions into the 2016 election, which was at the moment of their letter just over a week away.

As investigative journalist Jason Leopold, a co-plaintiff in the suit, reported for Buzzfeed, the letter “stands as a missing piece to a timeline about Democratic eufforts to encourage the White House to speak out about Russia’s intrusion sooner.”

Included in the released documents are responses from Julia Frifield, Assistant Secretary of State for Legislative Affairs at the State Department stating that they, “will not tolerate attempts to interfere with the U.S. Democratic process, and we will take action to protect our interests, including in cyberspace, and we will do so at a time and place of our choosing.”

‘The WASP’ is a Department of Homeland Security Newsletter on Cybersecurity Situational Awareness.

Also included in the documents released is a partially redacted 28-page Homeland Security newsletter on cybersecurity situational awareness titled, The WASP.

In November 2016, investigative journalist Jason Leopold and Massachusetts Institute of Technology (MIT) PhD candidate/Harvard Klein Center for Internet & Society research affiliate, Ryan Shapiro submitted FOIA requests to the CIA, FBI, DHS, and ODNI for records pertaining to Russian interference in the 2016 U.S. presidential election, as well as records pertaining to U.S. intelligence agency operations involving any such Russian interference.

After the agencies failed to respond to their request, Shapiro and Leopold filed a lawsuit on December 26, 2016.  The following documents are the first production of responsive documents since the suit was filed.

Documents

  1. Read the State Department Cover Letter HERE 
  2. Read the Feinstein & Cardin Letter + Frifield Responses HERE
  3. Read the DHS Cover Letter HERE
  4. Read The WASP Newsletter on Cybersecurity Situational Awareness HERE


Property of the People
 is anew government transparency non-profit. Their project, Operation 45, dedicated to uncovering records relevant to the public interest concerning the current Presidential administration has been described by The Nation as “a ray of hope in these dark political times.” Operation 45 is on twitter @opfortyfive

Ryan Shapiro is the director of Operation 45 and the co-founder of Property of the People. Politico has called Shapiro “a FOIA guru at the Massachusetts Institute of Technology.” He is a historian of national security, the policing of dissent, and governmental transparency. Shapiro’s pathbreaking FOIA work has already led the FBI to declare his MIT dissertation research a threat to national security. Shapiro is on twitter @_rshapiro.

Jason Leopold is an award-winning Senior Investigative Reporter at Buzzfeed News, specializing in counterterrorism and human rights. Leopold has been called a “FOIA Terrorist” by federal employees for his aggressive use of the Freedom of Information Act, which includes successfully suing the FBI to force changes to Bureau FOIA practices. Leopold is on twitter @JasonLeopold.

The Plaintiffs are represented by Washington, DC based FOIA specialist attorney, Jeffrey Light.

Activists and Journalists Have Sued the Federal Bureau of Investigation for Withholding Donald Trump’s File

Activists and Journalists Have Sued the Federal Bureau of Investigation for Withholding Donald Trump’s File

Washington, DC — The nonprofit transparency organization Property of the People has filed a Freedom of Information Act (FOIA) lawsuit against the Federal Bureau of Investigation (FBI) seeking the release of Donald J. Trump’s FBI file.  The records requested, which cover a period from June 14, 1946 through June 15, 2015, will shed new light on already known investigations linking Trump to organized crime and will provide new information about Trump’s engagements with the bureau.

The effort is part of Property of the People’s Operation 45, a project dedicated to seeking transparency and accountability from the Trump administration. Ryan Shapiro, a Massachusetts Institute of Technology (MIT) PhD candidate, and investigative reporter Jason Leopold, are co-plaintiffs in the lawsuit.

It has been nearly three months since Property of the People first filed their request to the FBI seeking, among other things, as the request states: “[a]ny and all records mentioning or referring to the living person Donald John Trump.”

Though the FBI has previously released multiple documents with Trump’s name on them from the period stated to Shapiro and Leopold, they have improperly withheld records from this most recent request on the grounds that confirming the existence or non-existence of such records would infringe on Trump’s privacy. However, Operation 45 argues that the enormous public interest in obtaining this information clearly outweighs any embarrassment Trump might suffer. Additionally Trump’s own tweets acknowledging the FBI’s investigation of him negate any arguments that such records may not exist.

Moreover, the FBI has improperly withheld records from this request on the grounds that confirming the existence or non-existence of such records would “risk circumvention of Federal law enforcement efforts.”  As stated in the complaint:

“Confirming that the FBI maintains files numbered 137-NY-19967 and 137-22152 would not disclose techniques, procedures, or guidelines for law enforcement investigations or prosecutions. Additionally, documents referencing file numbers 137-22152 and 137-NY-19967 in connection with the FBI’s contact with Mr. Trump are already available to the public. The disclosure of the mere existence or nonexistence of responsive records could not reasonably be expected to risk circumvention of the law. The FBI has not only unreasonably withheld the responsive records, but has unreasonably refused to even confirm the existence of responsive records.”

Plaintiff Shapiro asserts: “Given the profound gravity of the FBI’s past and ongoing investigations involving Donald J. Trump, the public interest in the release of the requested documents is immense. The American public absolutely deserves to know the full truth about the FBI’s historical and current operations involving the President.”

Property of the People vs. Department of Justice, was filed in the United States District Court for the District of Columbia.  The complaint can be read in it’s entirety HERE.

Property of the People is anew government transparency non-profit. Their project, Operation 45, dedicated to uncovering records relevant to the public interest concerning the current Presidential administration has been described by The Nation as “a ray of hope in these dark political times.” Operation 45 is on twitter @opfortyfive

Ryan Shapiro is the director of Operation 45 and the co-founder of Property of the People. Politico has called Shapiro “a FOIA guru at the Massachusetts Institute of Technology.” He is a historian of national security, the policing of dissent, and governmental transparency. Shapiro’s pathbreaking FOIA work has already led the FBI to declare his MIT dissertation research a threat to national security. Shapiro is on twitter @_rshapiro.

Jason Leopold is an award-winning Senior Investigative Reporter at Buzzfeed News, specializing in counterterrorism and human rights. Leopold has been called a “FOIA Terrorist” by federal employees for his aggressive use of the Freedom of Information Act, which includes successfully suing the FBI to force changes to Bureau FOIA practices. Leopold is on twitter @JasonLeopold.

The Plaintiffs are represented by Washington, DC based FOIA specialist, Jeffrey Light.

The FBI is Investigating Donald Trump’s Call for Russian Hacking and Espionage

The FBI is Investigating Donald Trump’s Call for Russian Hacking and Espionage

President Trump’s May 9, 2017 letter firing now-former FBI Director James Comey in part reads, “I greatly appreciate you informing me, on three separate occasions, that I am not under investigation[.]”

However, a recent court filing by the Department of Justice on behalf of the FBI in an ongoing FOIA lawsuit plainly indicates the FBI has an active investigation pertaining to Donald Trump’s actions related to actual or potential election-related hacking and espionage by Russia.

The lawsuit is filed by Ryan Shapiro, a Massachusetts Institute of Technology (MIT) PhD candidate/Berkman Klein Center for Internet & Society at Harvard University research affiliate, and Jason Leopold, Senior Investigative Journalist at BuzzFeed News.

An excerpt from Donald Trump’s termination letter to James Comey.  You can read Donald Trump’s full letter along with accompanying letters from AG Jeff Sessions, and Deputy AG Rod Rosenstein HERE

On August 18, 2016, Shapiro and Leopold submitted a FOIA request to the FBI seeking “disclosure of any and all records, including investigative records, mentioning or referring to Donald J. Trump’s statement on 27 July, 2016 [regarding Secretary Hillary Clinton’s State Department emails], ‘Russia, if you’re listening, I hope you’re able to find the 30,000 emails that are missing,’ and ‘I think you will probably be rewarded mightily by our press.’”

When the FBI did not respond in a timely manner to the FOIA request, Shapiro and Leopold sued. During the lawsuit, the FBI initially asserted that it could neither confirm nor deny the existence of documents responsive to this FOIA request.

Excerpt from the Joint Status Report that indicates that there is an active FBI investigation.  Read the full status report HERE

However, the FBI subsequently withdrew this position and agreed to search for the requested documents. Again, the documents requested by Shapiro and Leopold are records, including investigative records, mentioning or referring to a public statement made personally by Donald J. Trump, not his advisors, surrogates, or campaign staff.

Excerpt from the Joint Status Report that indicates that there is an active FBI investigation. Read the full status report HERE

In a court filing in this case on April 6, 2017, a Justice Department attorney representing the FBI informed the Court that there is an “active, ongoing investigation” pertaining to this matter and claimed that disclosing the “records that are responsive to the Russia Request” could reasonably be expected to interfere with “enforcement proceedings.” (As noted elsewhere in the DOJ/FBI’s new filing, the term “Russia Request” refers explicitly to Shapiro and Leopold’s FOIA request quoted above.) The DOJ/FBI’s new court filing acknowledges the existence of records responsive to Shapiro and Leopold’s “Russia Request”, and claimed that all, or virtually all, of these documents cannot be released because of the potential to interfere with active law enforcement proceedings.

On April 7, 2017, the Court set a deadline of July 25, 2017 for the FBI to file a motion explaining the basis for its claim that release of documents responsive to “the Russia Request” would interfere with an ongoing law enforcement operation.

The lawsuit is Case 1:16-cv-01827-KBJ. It is being heard in the United States District Court for the District of Columbia.

Documents

  1. Read the Joint Status Report in 1:16-cv-01827-KBJ HERE 
  2. Read Comey’s termination letter from Trump, Sessions & Rosenstein HERE

About Operation 45

Ryan Shapiro, referred to by Politico as “a FOIA guru at the Massachusetts Institute of Technology”, is an historian of national security, the policing of dissent, and governmental transparency. Shapiro’s pathbreaking FOIA work has already led the FBI to declare his MIT dissertation research a threat to national security. Shapiro is a Ph.D. candidate in the Department of Science, Technology, and Society (HASTS) at MIT, as well as a Research Affiliate at the Berkman Klein Center for Internet & Society at Harvard University.

Shapiro is also the co-founder and president of the new transparency organization Operation 45. The Nation has described Operation 45 as “a ray of hope in these dark political times.”

Jason Leopold is an award-winning Senior Investigative Reporter at Buzzfeed News, specializing in counterterrorism and human rights. Leopold has been called a “FOIA Terrorist” by federal employees for his aggressive use of the Freedom of Information Act, which includes successfully suing the FBI to force changes to Bureau FOIA practices.

Shapiro and Leopold are represented by Washington, DC-based FOIA specialist attorney, Jeffrey Light.

You can follow Ryan Shapiro on twitter at @_rshapiro, and Jason Leopold on twitter at @JasonLeopold.

You can support Operation 45’s efforts HERE

Lawyer Representing Investors Told to Stop ‘Fucking with Mr. Trump’

Lawyer Representing Investors Told to Stop ‘Fucking with Mr. Trump’

Newly released documents reveal that the FBI investigated an extortion threat related to a menacing phone call made to bankruptcy attorney Kristopher Hansen on February 18, 2009, wherein a Trump associate using the name “Carmine” threatened Hansen’s wife and children.   Redactions within FBI documents initially indicated that the bureau’s extortion investigation was ongoing as of March 9, 2017. However, in an unusual step the FBI backtracked and claimed that the redaction marking was inadvertent.

According to the Holmdel Township Police the threat specifically stated:

“My name is ‘Carmine’ I don’t know why you are fucking with Mr. Trump but if you keep fucking with Mr. Trump, we know where you live and we’re going to your house for your wife and kids.”

The threat came as Donald Trump’s casino business went into bankruptcy and Trump Entertainment Resorts had defaulted on payments owed to investors in excess of $1.25 billion.  Kristopher Hansen, whose law firm Stroock & Stroock & Lavan represented the investors, received the threatening call on his blackberry from 212-399-5686, a number the FBI later identifies as a pay phone on 54th Street diagonally across from the Ed Sullivan Theater.  Donald Trump and his entourage were at the Ed Sullivan Theater that day for a taping of the Tonight Show with David Letterman.

 

The first set of FBI documents (1 & 2) were produced in March as a result of a FOIA lawsuit filed by BuzzFeed News Senior Investigative journalist Jason Leopold, and Massachusetts Institute of Technology PhD candidate and Harvard Klein Center for Internet & Society research affiliate, Ryan Shapiro.  Shapiro’s effort is part of #Operation45, a constellation of FOIA lawsuits demanding accountability and transparency from the Trump administration.  

“Donald Trump has long been in bed with gangsters and thugs at home and abroad,” said Shapiro. “He has also long sought to intimidate and silence those who seek to hold him to his obligations and to account.  As a private citizen, this contempt for basic decency is dangerous.  As President of the United States, it could prove catastrophic.”

Additional investigation by Leopold and Buzzfeed News returned the Holmdel Township Police report detailing the content of the threatening call.

Documents

  1. Read the complaint filed against the Department of Justice HERE
  2. Read Trump Entertainment Resort’s Bankruptcy Filing HERE
  3. Read the FBI’s case notes on ‘Carmine’ (part 1) HERE
  4. Read the FBI’s case notes on ‘Carmine’ (part 2) HERE
  5. Read the 2/18/2009 Holmdel Township Police Report HERE
8 Federal Agencies Sued for Records on Trump Attorney General Pick, Jeff Sessions

8 Federal Agencies Sued for Records on Trump Attorney General Pick, Jeff Sessions

WASHINGTON, DC — Multiple federal agencies are in violation of the Freedom of Information Act. Investigative journalist Jason Leopold and Massachusetts Institute of Technology (MIT) PhD candidate/Harvard Klein Center for Internet & Society research affiliate, Ryan Shapiro, filed a lawsuit this morning against the Department of Justice (DOJ), Department of State (DOS), Department of Homeland Security (DHS), the Department of Defense (DOD), the Securities and Exchange Commission (SEC), the Equal Opportunity Employment Commission (EEOC), the Environmental Protection Agency (EPA), and the National Security Agency (NSA). The suit is over the agencies’ failure to comply with Shapiro and Leopold’s Freedom of Information Act (FOIA) request for records on President Trump’s nominee for Attorney General, Jeff Sessions.

Shapiro and Leopold submitted FOIA requests to the DOJ, DOS, DHS, DOD, SEC, EEOC, EPA, and NSA for records pertaining to President Trump’s nominee for Attorney General, Jeff Sessions.

Jeff Sessions’ nomination for Attorney General is one of the most controversial in American history. Sessions has an extensive track record of opposition to civil rights and civil rights activists, and has decried the Voting Rights Act of 1965 as a “piece of intrusive legislation.” Hounded for decades by allegations of deep-rooted racism, Sessions was rejected for a federal judgeship in 1986 by the Senate Judiciary Committee partially on the sworn statement of a DOJ attorney who testified that Sessions spoke favorably of the Ku Klux Klan and decried the NAACP and ACLU as “un-American” and “Communist-inspired” organizations. Further, the Republicans are forcing President Trump’s nominees through the confirmation process with only the most limited and superficial of hearings.

The records Shapiro and Leopold have sued over today will help shed light on the often obscured detailed of Sessions’ history as a state and federal Attorney General and as lawmaker.

1.) Records sought by Shapiro and Leopold include but are not limited to:

* Correspondence and other communications from, to, mentioning, or referring to Jeff Sessions. 

* Records authored or signed by Jeff Sessions regarding Civil Rights cases.

* Records constituting, mentioning, or referring to Civil Rights complaints involving Jeff Sessions

* Records pertaining to the conservative political action committee (PAC) Judicial Crisis Network, which is dedicated to securing confirmation of Sessions as Attorney General.

* Records pertaining to confirmsession.com, a website and project of Judicial Crisis Network dedicated to securing confirmation of Sessions as Attorney General.

2.) Due to the urgency of the matter, Shapiro and Leopold requested expedited processing of their FOIA requests. The DOJ, DOS, DHS, DOD, SEC, EEOC, EPA, and NSA failed to respond. This is a violation of the Freedom of Information Act.

3.) Not including this new lawsuit, Shapiro and Leopold already have four FOIA lawsuits against the FBI and other federal agencies for records on investigations involving Donald Trump.

In the first of these lawsuits, among other things, Operation 45 is suing the FBI and Secret Service for records on Donald Trump’s thinly-veiled assassination remarks regarding Hillary Clinton, and his less than veiled campaign trail call for Russian hacking of Hillary Clinton’s emails. The FBI unlawfully failed to respond to Shapiro and Leopold’s FOIA request, and then slow-walked an initial response to Shapiro and Leopold’s lawsuit until after the election.

Notably, the FBI’s response indicates the FBI might indeed be investigating Donald Trump for these incidents. However, in stark contrast to Director Comey’s pre-election rush to inform Congress that the FBI might re-open its investigation of Hillary Clinton, in this case the FBI dragged its feet to avoid revealing the same about Donald Trump until after the election.

4.) In the second of these lawsuits, Operation 45 is suing the FBI for all FBI records on the Trump Organization, the Trump Foundation, Trump Entertainment Resorts, and Trump University.

5.) In the third of these lawsuits, Operation 45 is suing the FBI for records on the FBI’s role in the 2016 U.S. presidential election.

6.) In the fourth of these lawsuits, Operation 45 is suing, the CIA, FBI, Department of Homeland Security (DHS), and the Office of the Director of National Intelligence (ODNI) for records on Russian interference in the 2016 U.S. presidential election, as well as U.S. intelligence agency responses to Russian interference in the election.

7.) Shapiro and Leopold’s lawsuit filed today is part of the work of Operation 45. Operation 45 is a new 501(c)(3) charitable organization founded by MIT/Harvard’s Shapiro, and attorney Jeffrey Light, to ensure transparency and accountability for the incoming Trump/Pence administration.

Ryan Shapiro, referred to by Politico as “a FOIA guru at the Massachusetts Institute of Technology”, is an historian of national security, the policing of dissent, and governmental transparency. Shapiro’s pathbreaking FOIA work has already led the FBI to declare his MIT dissertation research a threat to national security. Shapiro is a Ph.D. candidate in the Department of Science, Technology, and Society (HASTS) at MIT, as well as a Research Affiliate at the Berkman Klein Center for Internet & Society at Harvard University.

Jason Leopold is an award-winning Senior Investigative Reporter at Buzzfeed News, specializing in counterterrorism and human rights. Leopold has been called a “FOIA Terrorist” by federal employees for his aggressive use of the Freedom of Information Act, which includes successfully suing the FBI to force changes to Bureau FOIA practices.

Leopold and Shapiro are represented by Washington, DC-based FOIA specialist attorney Jeffrey Light.

According to Shapiro

Regarding this lawsuit:

“The American public absolutely deserves to the know the truth about the man Trump has nominated to hold one of the most powerful offices in the country, especially in light of the allegations of deep-rooted prejudice and contempt for civil liberties that have hounded Sessions for decades.”

Regarding Operation 45 (Of which this lawsuit is a part):

“Given Trump’s authoritarian aspirations and overt contempt for the Constitution and a free press, American civil liberties and privacy now face a profoundly clear and present danger.

“Trump must not be allowed to conduct his presidency from the shadows, and he must not be allowed to cripple the Freedom of Information act. The need is urgent for aggressive work to keep President Trump and his administration transparent and accountable.”

Regarding FOIA more broadly:

“Secrecy is a cancer on the body of democracy.

“The democratic process cannot meaningfully function without an informed citizenry, and such a citizenry is impossible without broad public access to information about the operations of government.

“The Freedom of Information Act is one of the most underappreciated elements of the entire American experiment. The notion that the records of government are the property of the people, and all we need to do to get them is to ask, is radically democratic. But FOIA is broken. Sadly, this is why we now need to sue to compel FBI compliance with federal law.”

A complete copy of the complaint filed in court can be viewed HERE

To arrange an interview with Jason Leopold and Ryan Shapiro, please email or text Andy Stepanian at andy@sparrowmedia.net or 631.291.3010. You can follow Jason Leopold on twitter at @JasonLeopold and Ryan Shapiro on twitter at @_rshapiro