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Response 1.3.18
Response 1.3.18
Ex. A.1
Plaintiffs James Madison Project and Josh Gerstein argue in their fifth notice of
supplemental information that President Trump waived the Glomar response of the Federal
Bureau of Investigation (FBI) to Items 2 and 3 of plaintiffs’ request under the Freedom of
Information Act, 5 U.S.C. § 552, when he posted this tweet. ECF No. 34 at 2. Plaintiffs are
mistaken. Nothing in the tweet states or even implies that the FBI has made a “final
determination[] regarding the accuracy (or lack thereof) of any of the individual factual claims
listed in the two page synopsis” of the Trump Dossier, ECF No. 7 ¶ 14, much less constitutes
“‘an official . . . disclosure’” that the FBI has made any such “final determination[].” Mobley v.
1
References to exhibits are to the exhibits to this memorandum.
Case 1:17-cv-00144-APM Document 35 Filed 01/03/18 Page 2 of 2
CIA, 806 F.3d 568, 583 (D.C. Cir. 2015) (quoting Fitzgibbon v. CIA, 911 F.2d 755, 765 (D.C.
Cir. 1990)). Rather than constituting any such disclosure, the tweet appears to be a “response [of
the President] to a Washington Times report that was discussed on ‘Fox & Friends.’”2 Ex. B at
1. No waiver of the FBI’s Glomar response thus results from the tweet.
Respectfully submitted,
CHAD A. READLER
Acting Assistant Attorney General
JESSIE K. LIU
United States Attorney
ELIZABETH J. SHAPIRO
Deputy Director
s/ David M. Glass
DAVID M. GLASS, DC Bar 544549
Senior Trial Counsel
Department of Justice, Civil Division
20 Massachusetts Ave., N.W., Room 7200
Washington, D.C. 20529
Tel: (202) 514-4469/Fax: (202) 616-8470
E-mail: david.glass@usdoj.gov
Dated: January 3, 2018 Attorneys for Defendants
CERTIFICATE OF SERVICE
I hereby certify that on January 3, 2018, I served the within memorandum and the
exhibits to the memorandum on all counsel of record by filing them with the Court by means of
s/ David M. Glass
2
Fox & Friends is “Fox News’ morning show.” ECF No. 34 at 1 n.1.
2