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 firstname.lastname@example.org or 631.291.3010. You can follow Jason Leopold on twitter at @JasonLeopold and Ryan Shapiro on twitter at @_rshapiro