New York Time Law Suit For Disclosure of Public Records of Parties in Ukraine Gate Oct. 11th, 2019 10-Pages
New York Time Law Suit For Disclosure of Public Records of Parties in Ukraine Gate Oct. 11th, 2019 10-Pages
New York Time Law Suit For Disclosure of Public Records of Parties in Ukraine Gate Oct. 11th, 2019 10-Pages
Plaintiff THE NEW YORK TIMES COMPANY (“The Times”), by its undersigned
(“FOIA”), to obtain an order for the production of agency records from the U.S. Department of
State (“State Department” or “DOS”), the U.S. Department of Justice (“DOJ”), and the Federal
PARTIES
2. Plaintiff The New York Times Company publishes The New York Times
newspaper and www.nytimes.com. The New York Times Company is headquartered in this
that has possession and control of the records that Plaintiff seeks.
6. This Court has subject matter jurisdiction over this action pursuant to 28 U.S.C. §
FACTS
9. On May 17, 2019, Mark Walker, on behalf of The Times, submitted two FOIA
i. access to and copies of correspondence sent or received between January 20, 2014
and the date of the request, between any of seven State Department officials (Greg
Pfleger; Geoffrey Pyatt; Philip T. Reeker; Eric Rubin; Eric Schulz; Marie
(Alan Apter; Devon Archer; Barry Bennett; Hunter Biden or Robert Hunter
Alexander or Sasha Levin; Sally Painter; Lev Parnas; Joan Peugh; Harry
06257); and
2
Case 1:19-cv-09420-PAE Document 1 Filed 10/11/19 Page 3 of 10
ii. access to and copies of correspondence sent or received between January 20, 2014
and the date of request, between any of eight State Department officials (Eric
George P. Kent; Michael Kimmage; Victoria Nuland) and any of eighteen non-
government individuals (Alan Apter; Devon Archer; Barry Bennett; Hunter Biden or
Robert Hunter Biden; John D. Buretta; Joseph E. DiGenova; Mark Duffy; David
Leiter; Alexander or Sasha Levin; Sally Painter; Lev Parnas; Joan Peugh; Harry
10. On May 21, 2019, Mark Walker, on behalf of The Times, submitted six FOIA
i. correspondence sent or received from August 2016 to the date of the request
between, on the one hand Foreign Service Officers and political appointees in the
United States Embassy in Romania, and, on the other hand, other United States
Biden or Robert H. Biden; Matthew Britton; Elliott Broidy; Lt. Gen. (Ret.) Mark
staff; Jessica Stephens; Alan Stone or Alan Blaine Stone; Juan C. Zarate),
Biden; BCH Development Group; Broidy Capital Management; Lt. Gen. (Ret)
3
Case 1:19-cv-09420-PAE Document 1 Filed 10/11/19 Page 4 of 10
Number F-2019-06318);
ii. correspondence sent or received from August 2016 to the date of the request
between, on the one hand, Foreign Service Officers and political appointees in the
United States Embassy in the United Arab Emirates, and, on the other hand, other
Andrew Kowal; Stan Manning or Stanley Richard Manning; Fran Moore; George
staff; Jessica Stephens; Alan Stone or Alan Blaine Stone; Juan C. Zarate),
F2019-06323);
iii. correspondence sent or received from August 2016 to the date of the request
between, on the one hand, Foreign Service Officers and political appointees in the
United States Embassy of the Kingdom of Saudi Arabia, and, on the other hand,
4
Case 1:19-cv-09420-PAE Document 1 Filed 10/11/19 Page 5 of 10
Andrew Kowal; Stan Manning or Stanley Richard Manning; Fran Moore; George
staff; Jessica Stephens; Alan Stone or Alan Blaine Stone; Juan C. Zarate),
F2019-06321);
iv. correspondence sent or received between January 20, 2014 and the date of the
request between Jonathan Katz of the United States Agency for International
Development, and any other senders/recipients, including, but not limited to,
Mark Duffy; David Leiter; Alexander or Sasha Levin; Sally Painter; Lev Parnas;
Joan Peugh; Harry Sargeant; Eric Schwerin; John Sweeney; Andrii Telizhenko;
keywords (Burisma Holdings; Esko-Pivnich LLC; First Ukrainian Oil and Gas
Blue Star Strategies; Sally Painter; Karen A. Tramontano; Devon Archer; Eric
5
Case 1:19-cv-09420-PAE Document 1 Filed 10/11/19 Page 6 of 10
Levin; Barry Bennett; Yuri Vanetik; Lev Parnas; Harry Sargeant) (FOIA Tracking
Number F-2019-06325).
11. On May 23, 2019, May 24, 2019 and on May 28, 2019, DOS acknowledged
receipt of The Times’ May 17, 2019 and May 21, 2019 requests (FOIA Tracking Numbers: F-
2019-06321, F-2019-06312, F-2019-06325), granted The Times’ request for a fee waiver as to
each request, and denied The Times’ request for expedited processing as to each request. DOS
further stated that the requests were deemed “complex,” and that, based on “the need to search in
offices that are separate from the office processing your request” and “the need to conduct
consultations with other offices and agencies,” the requests fall within “unusual circumstances”
12. On May 20, 2019, Mark Walker, on behalf of The Times, submitted three FOIA
i. access to and copies of correspondence sent or received between January 20, 2014
and the date of the request, between Michael E. Horowitz of DOJ’s Office of
Inspector General and any other sender or recipient, related to any of certain
subjects or keywords (Alan Apter; Devon Archer; Barry Bennett; Hunter Biden or
Robert Hunter Biden; John D. Buretta; Joseph E. DiGenova; Mark Duffy; David
6
Case 1:19-cv-09420-PAE Document 1 Filed 10/11/19 Page 7 of 10
Leiter; Alexander or Sasha Levin; Sally Painter; Lev Parnas; Joan Peugh; Harry
253);
ii. access to and copies of correspondence sent or received between January 20, 2014
and the date of the request, between Michael E. Horowitz of DOJ’s Office of
Inspector General and any other sender or recipient, related to any of certain
Giuliani; Alexander Levin or Sasha Levin; Barry Bennett; Yuri Vanetik; Lev
iii. access to and copies of correspondence sent or received between January 20, 2014
and the date of the request, between Michael E. Horowitz of DOJ’s Office of
Inspector General and any other sender or recipient, related to any of certain
and Gas Company LLC; lnfoks LLC; Nadragaz LLC; Pari LLC;
Blue Star Strategies; Sally Painter; Karen A Tramontano; Devon Archer; Eric
7
Case 1:19-cv-09420-PAE Document 1 Filed 10/11/19 Page 8 of 10
13. On May 23, 2019, DOJ acknowledged receipt of The Times’ three May 20, 2019
FOIA requests and denied The Times’ requests for expedition as to each request.
14. On May 20, 2019, Mark Walker, on behalf of The Times, submitted a FOIA
request to the FBI requesting access to and copies of correspondence sent or received between
January 20, 2014 and the date of the request between either of two FBI officials (Karen
Greenaway; Raymond Hulser) and any of certain senders or recipients (Alan Apter; Devon
Archer; Barry Bennett; Hunter Biden or Robert Hunter Biden; John D. Buretta; Joseph E.
DiGenova; Mark Duffy; David Leiter; Alexander or Sasha Levin; Sally Painter; Lev Parnas;
Joan Peugh; Harry Sargeant; Eric Schwerin; John Sweeney; Andrii Telizhenko; Karen A>
15. Also on May 20, 2019, the FBI sent an automated acknowledgment of The
16. Plaintiff repeats, realleges, and reincorporates the allegations in the foregoing
17. DOS is an agency subject to FOIA and must therefore release in response to a
FOIA request any disclosable records in its possession at the time of the request and provide a
lawful reason for withholding any other materials as to which it is claiming an exemption.
18. DOJ is an agency subject to FOIA and must therefore release in response to a
FOIA request any disclosable records in its possession at the time of the request and provide a
lawful reason for withholding any other materials as to which it is claiming an exemption.
8
Case 1:19-cv-09420-PAE Document 1 Filed 10/11/19 Page 9 of 10
19. The FBI is an agency subject to FOIA and must therefore release in response to a
FOIA request any disclosable records in its possession at the time of the request and provide a
lawful reason for withholding any other materials as to which it is claiming an exemption.
20. Plaintiff has exhausted all administrative remedies under FOIA as to the requests
enumerated above, because DOS, DOJ, and the FBI failed to make a determination in regard to
21. Accordingly, Plaintiff is entitled to an order compelling DOS, DOJ, and the FBI
22. Declare that the documents sought by the requests, as described in the foregoing
23. Order DOS to undertake an adequate search for the requested records and provide
24. Order DOJ to undertake an adequate search for the requested records and provide
25. Order the FBI to undertake an adequate search for the requested records and
provide those records to Plaintiff within 20 business days of the Court’s order;
26. Award Plaintiff the costs of this proceeding, including reasonable attorney’s fees,
27. Grant Plaintiff such other and further relief as this Court deems just and proper.
9
Case 1:19-cv-09420-PAE Document 1 Filed 10/11/19 Page 10 of 10
10