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.
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.
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.
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.
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.
- Read the Joint Status Report in 1:16-cv-01827-KBJ HERE
- 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.
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 support Operation 45’s efforts HERE
WASHINGTON, DC — The CIA, FBI, Department of Homeland Security (DHS), and the Office of the Director of National Intelligence (ODNI) 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 yesterday against the FBI, CIA, DHS, and ODNI. The suit is over the agencies’ failures to comply with Shapiro and Leopold’s Freedom of Information Act (FOIA) requests for records on Russian interference in the 2016 U.S. presidential election.
Shapiro and Leopold’s FOIA requests and lawsuit:
Shapiro and Leopold 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.
Shapiro and Leopold seek these records in order to shed light on critical unknowns such as:
* What information on Russian interference did U.S. intelligence agencies possess, and when did they possess it?
* How did this information differ by agency?
* How did analysis of this information, and response proposals based upon that analysis, differ by agency?
* How did U.S. intelligence agencies communicate and coordinate with each other regarding the issue of Russian interference?
* Both officially and unofficially, how did U.S. intelligence agencies communicate and coordinate with outside entities and individuals regarding the issue of Russian interference?
1.) Records sought by Shapiro and Leopold include but are not limited to:…