ANSWER to Complaint by UNITED STATES DEPARTMENT OF JUSTICE. Related document: [1] Complaint filed by DEMOCRATIC NATIONAL COMMITTEE. (Attachments: # (1) Exhibit 1# (2) Exhibit 2)(Oldham, Nicholas)
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Page 1 IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
DEMOCRATIC NATIONAL
COMMITTEE
430 S. Capitol Street, S.E.
Washington, D.C. 20003
Plaintiff,
v.
Civil Action No. 07-712 (ESH)
UNITED STATES DEPARTMENT
OF JUSTICE
950 Pennsylvania Avenue, N.W.
Washington, D.C. 20503
Defendant.
DEFENDANT’S ANSWER TO THE COMPLAINT
Defendant United States Department of Justice, through undersigned counsel, hereby
answers the Complaint of Plaintiff Democratic National Committee.
First Affirmative Defense
Plaintiff has failed to state a claim upon which relief can be granted.
Defendant’s Responses to the Numbered Paragraphs
Defendant answers the numbered paragraphs of the Complaint as follows:
1.
Paragraph 1 contains a legal conclusion to which no response is required. To the
extent that a response is deemed necessary, Defendant admits that the Court has jurisdiction over
this action.
2.
Paragraph 2 contains a legal conclusion to which no response is required. To the
extent that a response is deemed necessary, Defendant admits that venue is proper in this district.Page 2 Defendant is without knowledge or information sufficient to form a belief as to the
truth of the allegations contained in Paragraph 3.
4.
Defendant admits the allegations contained in Paragraph 4.
5.
Paragraph 5 contains a legal conclusion to which no response is required. To the
extent that a response is deemed necessary, Defendant is without knowledge or information
sufficient to form a belief as to the truth of the allegations contained in Paragraph 5.
6.
The allegations contained in Paragraph 6 constitute a characterization of Plaintiff’s
FOIA request dated March 19, 2007, to which no response is required. To the extent that a
response is deemed necessary, Defendant respectfully refers the Court to Plaintiff’s FOIA
request, which is attached hereto as Exhibit 1.
7.
The allegations contained in Paragraph 7 constitute a characterization of Plaintiff’s
FOIA request dated March 19, 2007, to which no response is required. To the extent that a
response is deemed necessary, Defendant respectfully refers the Court to Plaintiff’s FOIA
request, which is attached hereto as Exhibit 1.
8.
Defendant admits the allegations contained in Paragraph 8, but avers that it
acknowledged receipt of Plaintiff’s FOIA request by letter dated April 23, 2007, which is
attached hereto as Exhibit 2.
9.
Defendant admits that it has not produced any records to Plaintiff in response to
Plaintiff’s FOIA request dated March 19, 2007, or asserted to Plaintiff that any records
responsive to Plaintiff’s FOIA request are being withheld pursuant to FOIA, but denies all
remaining allegations contained in Paragraph 9.
2Page 3 To the extent that Plaintiff incorporates by reference all preceding paragraphs into
Paragraph 10, Defendant respectfully refers the Court to its responses to those preceding
paragraphs.
11.
Defendant admits that 5 U.S.C. § 552(a)(6)(A)(i) requires Defendant to respond to a
FOIA request within twenty (20) working days of Defendant’s receipt of such request, except in
unusual circumstances as set forth in 5 U.S.C. § 552(a)(6)(B), but denies all remaining
allegations contained in Paragraph 11.
12.
Defendant denies the allegations contained in Paragraph 12.
13.
Paragraph 13 contains a legal conclusion to which no response is required. To the
extent that a response is deemed necessary, Defendant denies the allegations contained in
Paragraph 13.
14.
Paragraph 14 contains a legal conclusion to which no response is required. To the
extent that a response is deemed necessary, Defendant is without knowledge or information
sufficient to form a belief as to the truth of the allegations contained in Paragraph 14.
15.
Paragraph 15 contains a legal conclusion to which no response is required. To the
extent that a response is deemed necessary, Defendant is without knowledge or information
sufficient to form a belief as to the truth of the allegations contained in Paragraph 15.
16.
Paragraph 16 contains a legal conclusion to which no response is required. To the
extent that a response is deemed necessary, Defendant denies the allegations contained in
Paragraph 16.
The final, unnumbered paragraph of the Complaint represents Plaintiff’s request for relief to
which no response is required. To the extent that a response is deemed necessary, Defendant
denies that Plaintiff is entitled to the relief requested, or to any relief whatsoever.
3Page 4 Defendant hereby denies all allegations not expressly admitted or denied.
Dated: May 30, 2007
Respectfully submitted,
PETER D. KEISLER
Assistant Attorney General
JEFFREY A. TAYLOR
United States Attorney
JOHN R. TYLER (D.C. Bar No. 297713)
Senior Trial Counsel
Federal Programs Branch
/s/ Nicholas A. Oldham
Nicholas A. Oldham (D.C. Bar No. 484113)
Trial Attorney
U.S. Department of Justice
Civil Division, Federal Programs Branch
Mailing Address
P.O. Box 883
Washington, D.C. 20044
Delivery Address
20 Massachusetts Ave., N.W., Rm. 6134
Washington, D.C. 20001
Tel: (202) 514-3367
Fax: (202) 616-8470
nicholas.oldham@usdoj.gov
Attorneys for Defendant
4Page 5 Case 1:07-cv-00712-ESH Document 3-2 Filed 05/30/2007 Page1of3
EXHIBIT 1Page 6 DEMOCRATIC NATIONAL COMMITTEE
March 19,2007
By Hand
Melanie Ann Pustay
Acting Director
Office of Information and Privacy
Department of Justice
Suite 11050
1425 New York Avenue., N.W.
Washington, D.C. 20530
Re:
OFFICE OF INFORMATION
AND PRIVACY
MAR 2 6 2007
Freedom of Information Act Request
.RECEIVED
Dear Ms. Pustay:
This letter constitutes a request under the Freedom of Information Act, 5 U.S.C. §552
("FOIA"), and is submitted by the undersigned individuals who are concerned about the
widening scandal involving improper and potentially unlawful attempts, by the Bush White
House, Republican Members of Congress and Republican party officials, to influence and
interfere in ongoing criminal investigations being conducted by United States Attorneys and to
influence the hiring and firing of U.S. Attorneys for partisan political reasons.
In addition to White House interference, and improper contacts from Republican
Members of Congress, it was recently reported that a White House Deputy Political Director,
using a Republican National Committee e-mail account, communicated with the Department of
Justice about appointing a former aide to Karl Rove to be U.S. Attorney in Arkansas. And it was
also reported that the then-Washington State Republican Party Chairman Chris Vance contacted
then-U.S. Attorney John McKay (who was subsequently fired) about launching investigations of
Democrats in connection with the 2004 gubernatorial election in that state.
We therefore request:
(a)
all documents in the possession, custody or control of the Office of Attorney
General, Office of the Deputy Attorney General and Office of the Associate
Attorney General, prepared on or after November 1, 2004, constituting,
reflecting or referring to communications to or from or to any officer or
employee of the Republican National Committee or any state or local
Republican Party committee, referring, relating to or discussing (1) any
Democratic Party Headquarters
- 430 South Capitol Street, SE - Washington, DC, 20003 - (202) 863-8000 • Fax (202) 863-8174
Paid for by the Democratic National Committee. Contributions to the Democratic National Committee are not tax deductible.
Visit our website at www.democrats.org.
(!)AECYClEDPAl'fA
••••••Page 7 Melanie Ann Pustay
Office of Information and Privacy
U.S. Department of Justice
March 19,2007
prospective or ongoing investigation or prosecution; (2) initiating any
investigation or prosecution; or (3) the appointment or termination of any
United States Attorney; or (4) the performance, work or activity of any United
States Attorney or Office of United States Attorney; and
(b)
all e~mail messages in the possessio!) custody or control of the Office of
Attorney General, Office of the Deputy Attorney General and Office of the
Associate Attorney. General, sent on or after November 1, 2004, to or from
any e~mai1address including the domain name "GWB43.com."
The undersigned requestors fall in the category of "other requestors" for purposes of
FOIA and the Department's FOIA fee regulations. On behalf of the undersigned requestors, the
Democratic National Committee will pay any fees for searching or copying the requested
records.
We look forward to your response within twenty (20) working days as the.law requires. If
you have any questions or need any further information concerning .this request, please contact
the first signatory below, Governor Howard Dean. Thank you for your prompt attention to this
important matter.
.
Sincerely,
Governor Howard Dean
National ChairPage 8 Case 1:07-cv-00712-ESH Document 3-3 Filed 05/30/2007 Page1of3
EXHIBIT 2Page 9 U.S. Department of Justice
Office of Information and Privacy
Telephone: (202) 514-3642
Washington, D.C. 20530
APR 2 3 2007
Governor Howard Dean
National Chair
Democratic National Committee
Democratic Party Headquarters
430 South Capitol Street, SE
Washington, D.C. 20003
Re:
AG/07-R0411
DAG/07-R0412
ASG/07 -R0413
MLF:VRB:UA
Dear Governor Dean:
This is to acknowledge receipt of your letter dated March 19,2007, which was received in
this Office on March 26,2007, in which you requested records "prepared on or after November 1,
2004, constituting, reflecting, or referring to communications to and from ... any officer or
employee of the Republican National Committee or any state or local Republican Party committee
referring, relating to or discussing (1) any prospective or ongoing investigation or prosecution;
(2) initiating any investigation or prosecution; or (3) the appointment or termination of any United
States Attorney; or (4) the performance, work or activity of any United States Attorney or Office of
United States Attorney. " You also requested e-mail messages "sent on or after Nov~mber 1, 2004,
to or from any e-mail addressincludingthedomainname.GWB43.com
•." This response is made
on behalf of the Offices of the Attorney General, Deputy Attorney General, and Associate Attorney
General.
Because the records you seek require searches in other offices, our staffhas not yet been able
to complete our searches to determine whether there are records within the scope of your request.
Accordingly, we will be unable to comply with the twenty-working-day time limit in this case, as
well as the ten additional days provided by the statute. In an effort to speed up our records searches,
you may wish to narrow the scope of your request to limit the number of potentially responsive
records or agree to an alternative time frame for processing, should records be located; or you may
wish to await the completion of our records searches to discuss either of these options.
In accordance with Department of Justice regulation 28 C.F.R. § 16.3(c) (2006), this letter
also confirms your agreement to incur all applicable fees involved in the processing of your request,
up to the amount of $25. We will notify you if we estimate that fees will exceed this amount.
I regret the necessity of this delay, but I assure you that your request will be processed as
soon as possible. If you have any questions or wish to discuss reformulation or an alternative timePage 10 -2 -
frame for the processing of your request, you may contact me by telephone at the above number
or you may write to me at the above address.
Sin7dm% ~
Usman Ahmad
FOIA Specialist
PDF Page 1
PlainSite Cover Page
PDF Page 2
Case 1:07-cv-00712-ESH
Document 3
Filed 05/30/2007
Page 1 of 4
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
DEMOCRATIC NATIONAL
COMMITTEE
430 S. Capitol Street, S.E.
Washington, D.C. 20003
Plaintiff,
v.
Civil Action No. 07-712 (ESH)
UNITED STATES DEPARTMENT
OF JUSTICE
950 Pennsylvania Avenue, N.W.
Washington, D.C. 20503
Defendant.
DEFENDANT’S ANSWER TO THE COMPLAINT
Defendant United States Department of Justice, through undersigned counsel, hereby
answers the Complaint of Plaintiff Democratic National Committee.
First Affirmative Defense
Plaintiff has failed to state a claim upon which relief can be granted.
Defendant’s Responses to the Numbered Paragraphs
Defendant answers the numbered paragraphs of the Complaint as follows:
1.
Paragraph 1 contains a legal conclusion to which no response is required. To the
extent that a response is deemed necessary, Defendant admits that the Court has jurisdiction over
this action.
2.
Paragraph 2 contains a legal conclusion to which no response is required. To the
extent that a response is deemed necessary, Defendant admits that venue is proper in this district.
PDF Page 3
Case 1:07-cv-00712-ESH
3.
Document 3
Filed 05/30/2007
Page 2 of 4
Defendant is without knowledge or information sufficient to form a belief as to the
truth of the allegations contained in Paragraph 3.
4.
Defendant admits the allegations contained in Paragraph 4.
5.
Paragraph 5 contains a legal conclusion to which no response is required. To the
extent that a response is deemed necessary, Defendant is without knowledge or information
sufficient to form a belief as to the truth of the allegations contained in Paragraph 5.
6.
The allegations contained in Paragraph 6 constitute a characterization of Plaintiff’s
FOIA request dated March 19, 2007, to which no response is required. To the extent that a
response is deemed necessary, Defendant respectfully refers the Court to Plaintiff’s FOIA
request, which is attached hereto as Exhibit 1.
7.
The allegations contained in Paragraph 7 constitute a characterization of Plaintiff’s
FOIA request dated March 19, 2007, to which no response is required. To the extent that a
response is deemed necessary, Defendant respectfully refers the Court to Plaintiff’s FOIA
request, which is attached hereto as Exhibit 1.
8.
Defendant admits the allegations contained in Paragraph 8, but avers that it
acknowledged receipt of Plaintiff’s FOIA request by letter dated April 23, 2007, which is
attached hereto as Exhibit 2.
9.
Defendant admits that it has not produced any records to Plaintiff in response to
Plaintiff’s FOIA request dated March 19, 2007, or asserted to Plaintiff that any records
responsive to Plaintiff’s FOIA request are being withheld pursuant to FOIA, but denies all
remaining allegations contained in Paragraph 9.
2
PDF Page 4
Case 1:07-cv-00712-ESH
10.
Document 3
Filed 05/30/2007
Page 3 of 4
To the extent that Plaintiff incorporates by reference all preceding paragraphs into
Paragraph 10, Defendant respectfully refers the Court to its responses to those preceding
paragraphs.
11.
Defendant admits that 5 U.S.C. § 552(a)(6)(A)(i) requires Defendant to respond to a
FOIA request within twenty (20) working days of Defendant’s receipt of such request, except in
unusual circumstances as set forth in 5 U.S.C. § 552(a)(6)(B), but denies all remaining
allegations contained in Paragraph 11.
12.
Defendant denies the allegations contained in Paragraph 12.
13.
Paragraph 13 contains a legal conclusion to which no response is required. To the
extent that a response is deemed necessary, Defendant denies the allegations contained in
Paragraph 13.
14.
Paragraph 14 contains a legal conclusion to which no response is required. To the
extent that a response is deemed necessary, Defendant is without knowledge or information
sufficient to form a belief as to the truth of the allegations contained in Paragraph 14.
15.
Paragraph 15 contains a legal conclusion to which no response is required. To the
extent that a response is deemed necessary, Defendant is without knowledge or information
sufficient to form a belief as to the truth of the allegations contained in Paragraph 15.
16.
Paragraph 16 contains a legal conclusion to which no response is required. To the
extent that a response is deemed necessary, Defendant denies the allegations contained in
Paragraph 16.
The final, unnumbered paragraph of the Complaint represents Plaintiff’s request for relief to
which no response is required. To the extent that a response is deemed necessary, Defendant
denies that Plaintiff is entitled to the relief requested, or to any relief whatsoever.
3
PDF Page 5
Case 1:07-cv-00712-ESH
Document 3
Filed 05/30/2007
Page 4 of 4
Defendant hereby denies all allegations not expressly admitted or denied.
Dated: May 30, 2007
Respectfully submitted,
PETER D. KEISLER
Assistant Attorney General
JEFFREY A. TAYLOR
United States Attorney
JOHN R. TYLER (D.C. Bar No. 297713)
Senior Trial Counsel
Federal Programs Branch
/s/ Nicholas A. Oldham
Nicholas A. Oldham (D.C. Bar No. 484113)
Trial Attorney
U.S. Department of Justice
Civil Division, Federal Programs Branch
Mailing Address
P.O. Box 883
Washington, D.C. 20044
Delivery Address
20 Massachusetts Ave., N.W., Rm. 6134
Washington, D.C. 20001
Tel: (202) 514-3367
Fax: (202) 616-8470
nicholas.oldham@usdoj.gov
Attorneys for Defendant
4
PDF Page 6
Case 1:07-cv-00712-ESH Document 3-2 Filed 05/30/2007 Page1of3
EXHIBIT 1
PDF Page 7
Case 1:07-cv-00712-ESH
Document 3-2
Filed 05/30/2007
Page 2 of 3
DEMOCRATIC NATIONAL COMMITTEE
March 19,2007
By Hand
Melanie Ann Pustay
Acting Director
Office of Information and Privacy
Department of Justice
Suite 11050
1425 New York Avenue., N.W.
Washington, D.C. 20530
Re:
OFFICE OF INFORMATION
AND PRIVACY
MAR 2 6 2007
Freedom of Information Act Request
.RECEIVED
Dear Ms. Pustay:
This letter constitutes a request under the Freedom of Information Act, 5 U.S.C. §552
("FOIA"), and is submitted by the undersigned individuals who are concerned about the
widening scandal involving improper and potentially unlawful attempts, by the Bush White
House, Republican Members of Congress and Republican party officials, to influence and
interfere in ongoing criminal investigations being conducted by United States Attorneys and to
influence the hiring and firing of U.S. Attorneys for partisan political reasons.
In addition to White House interference, and improper contacts from Republican
Members of Congress, it was recently reported that a White House Deputy Political Director,
using a Republican National Committee e-mail account, communicated with the Department of
Justice about appointing a former aide to Karl Rove to be U.S. Attorney in Arkansas. And it was
also reported that the then-Washington State Republican Party Chairman Chris Vance contacted
then-U.S. Attorney John McKay (who was subsequently fired) about launching investigations of
Democrats in connection with the 2004 gubernatorial election in that state.
We therefore request:
(a)
all documents in the possession, custody or control of the Office of Attorney
General, Office of the Deputy Attorney General and Office of the Associate
Attorney General, prepared on or after November 1, 2004, constituting,
reflecting or referring to communications to or from or to any officer or
employee of the Republican National Committee or any state or local
Republican Party committee, referring, relating to or discussing (1) any
Democratic Party Headquarters
- 430 South Capitol Street, SE - Washington, DC, 20003 - (202) 863-8000 • Fax (202) 863-8174
Paid for by the Democratic National Committee. Contributions to the Democratic National Committee are not tax deductible.
Visit our website at www.democrats.org.
(!)AECYClEDPAl'fA
••••••
PDF Page 8
Case 1:07-cv-00712-ESH
Document 3-2
Filed 05/30/2007
Page 3 of 3
Melanie Ann Pustay
Office of Information and Privacy
U.S. Department of Justice
March 19,2007
prospective or ongoing investigation or prosecution; (2) initiating any
investigation or prosecution; or (3) the appointment or termination of any
United States Attorney; or (4) the performance, work or activity of any United
States Attorney or Office of United States Attorney; and
(b)
all e~mail messages in the possessio!) custody or control of the Office of
Attorney General, Office of the Deputy Attorney General and Office of the
Associate Attorney. General, sent on or after November 1, 2004, to or from
any e~mai1address including the domain name "GWB43.com."
The undersigned requestors fall in the category of "other requestors" for purposes of
FOIA and the Department's FOIA fee regulations. On behalf of the undersigned requestors, the
Democratic National Committee will pay any fees for searching or copying the requested
records.
We look forward to your response within twenty (20) working days as the.law requires. If
you have any questions or need any further information concerning .this request, please contact
the first signatory below, Governor Howard Dean. Thank you for your prompt attention to this
important matter.
.
Sincerely,
Governor Howard Dean
National Chair
PDF Page 9
Case 1:07-cv-00712-ESH Document 3-3 Filed 05/30/2007 Page1of3
EXHIBIT 2
PDF Page 10
Case 1:07-cv-00712-ESH
Document 3-3
Filed 05/30/2007
Page 2 of 3
U.S. Department of Justice
Office of Information and Privacy
Telephone: (202) 514-3642
Washington, D.C. 20530
APR 2 3 2007
Governor Howard Dean
National Chair
Democratic National Committee
Democratic Party Headquarters
430 South Capitol Street, SE
Washington, D.C. 20003
Re:
AG/07-R0411
DAG/07-R0412
ASG/07 -R0413
MLF:VRB:UA
Dear Governor Dean:
This is to acknowledge receipt of your letter dated March 19,2007, which was received in
this Office on March 26,2007, in which you requested records "prepared on or after November 1,
2004, constituting, reflecting, or referring to communications to and from ... any officer or
employee of the Republican National Committee or any state or local Republican Party committee
referring, relating to or discussing (1) any prospective or ongoing investigation or prosecution;
(2) initiating any investigation or prosecution; or (3) the appointment or termination of any United
States Attorney; or (4) the performance, work or activity of any United States Attorney or Office of
United States Attorney. " You also requested e-mail messages "sent on or after Nov~mber 1, 2004,
to or from any e-mail addressincludingthedomainname.GWB43.com
•." This response is made
on behalf of the Offices of the Attorney General, Deputy Attorney General, and Associate Attorney
General.
Because the records you seek require searches in other offices, our staffhas not yet been able
to complete our searches to determine whether there are records within the scope of your request.
Accordingly, we will be unable to comply with the twenty-working-day time limit in this case, as
well as the ten additional days provided by the statute. In an effort to speed up our records searches,
you may wish to narrow the scope of your request to limit the number of potentially responsive
records or agree to an alternative time frame for processing, should records be located; or you may
wish to await the completion of our records searches to discuss either of these options.
In accordance with Department of Justice regulation 28 C.F.R. § 16.3(c) (2006), this letter
also confirms your agreement to incur all applicable fees involved in the processing of your request,
up to the amount of $25. We will notify you if we estimate that fees will exceed this amount.
I regret the necessity of this delay, but I assure you that your request will be processed as
soon as possible. If you have any questions or wish to discuss reformulation or an alternative time
PDF Page 11
Case 1:07-cv-00712-ESH
Document 3-3
Filed 05/30/2007
Page 3 of 3
-2 -
frame for the processing of your request, you may contact me by telephone at the above number
or you may write to me at the above address.
Sin7dm% ~
Usman Ahmad
FOIA Specialist
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