Case 1:22-cv-00802 Document 1 Filed 03/23/22 Page 1 of 6

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLUMBIA

GUN OWNERS OF AMERICA, INC. )

8001 Forbes Place )
Suite 202 )
Springfield, VA 22151 )
)
and )
)
GUN OWNERS FOUNDATION )
8001 Forbes Place )
Suite 202 )
Springfield, VA 22151 ) COMPLAINT
) (Freedom of Information
) Act, 5 U.S.C. §552)
Plaintiffs, )
)
v. )
)
UNITED STATES SECRET SERVICE )
Suite 8300, 950 H Street, NW. )
Washington, DC 20373-5802 )
)
Defendant. )
____________________________________)

Come now Gun Owners of America, Inc. and Gun Owners Foundation,

by and through undersigned counsel, and allege as follows:

1. This is an action under the Freedom of Information Act, 5 U.S.C. §

552, for injunctive and other appropriate relief and seeking the disclosure and

release of agency records improperly withheld from Plaintiffs by Defendant

United States Secret Service (“USSS”).

 Case 1:22-cv-00802 Document 1 Filed 03/23/22 Page 2 of 6

JURISDICTION AND VENUE

2. This Court has jurisdiction over this matter pursuant to 28 U.S.C.

§1331 and 5 U.S.C. §552(a)(4)(B).

3. Venue lies in this district under 28 U.S.C. §1391(e).

PARTIES

4. Plaintiff Gun Owners of America, Inc. (“GOA”) is a California non-

stock corporation with its principal place of business in Springfield, Virginia.

Gun Owners of America is organized and operated as a non-profit

membership organization, exempt from federal income taxes under Section

501(c)(4) of the U.S. Internal Revenue Code. Gun Owners of America seeks

to promote social welfare through informing and educating the public on and

conducting activities in defense of the Second Amendment and the right to

keep and bear arms.

5. Plaintiff Gun Owners Foundation (“GOF”) is a Virginia nonstock

corporation, organized and operated as a non-profit legal defense and

educational foundation that is exempt from federal income taxes under

Section 501(c)(3) of the Internal Revenue Code.

6. Defendant United States Secret Service is an agency within the

meaning of 5 U.S.C. § 552(f). Defendant USSS has possession, custody and

control of records to which Plaintiffs seek access. It may be served by serving

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a copy of the complaint and summons to United States Secret Service, General

Counsel, Suite 8300, 950 H Street, NW., Washington, DC 20373-5802. See

31 CFR Subtitle A, Pt. 1, Subpt. C, App. D, subsection 6.

STATEMENT OF FACTS

7. On December 29, 2021, Plaintiffs transmitted a Freedom of

Information Act (“FOIA”) request to Defendant USSS. The FOIA was

submitted via email. A true and correct copy of the FOIA is attached as

Exhibit “A.”

8. On November 1, 2021, Ken Dilanian from NBC News claimed to have

called the USSS to alert the agency to a Palmetto State Armory AR-15 lower

receiver branded as “LETSGO-15.”1 Additionally, Mr. Dilanian tweeted that

“[he] called to ask the Secret Service whether they consider “F—Joe Biden”

emblazoned on an assault rifle to represent a security threat to the president.

Which [he thought was] a reasonable question.”2

9. Plaintiffs’ FOIA requested the following:

(a) All records constituting any and all

investigations/inquires/questioning or otherwise regarding the
Palmetto State Armory lower receiver “LETSGO-15” and Mr.
Dilanian’s phone call/report/referral to the USSS; and

1 https://twitter.com/KenDilanianNBC/status/1455245963673677835 (last accessed 3.22.2022)

2 https://twitter.com/KenDilanianNBC/status/1455277689280008196 (last accessed 3.22.2022)
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(b) All records constituting any and all

investigations/inquires/questioning regarding the phrase “Let’s
Go Brandon” not already produced in request (a) above.

10. The USSS failed to provide an acknowledgement letter or any

response to the Plaintiffs’ FOIA request.

11. Since Defendant failed to comply with the time limit set forth in 5

U.S.C. § 552(a)(6)(A)(i), Plaintiffs are deemed to have fully exhausted any

and all administrative remedies with respect to their FOIA request. See 5

U.S.C. § 552(a)(6)(C).

12. Plaintiffs are nonprofit organizations seeking information with which

to inform and educate the public about the workings of government. Release

of the records requested is in the public interest.

13. As of the date of this Complaint, USSS has failed to: (i) to fully

comply with Plaintiffs’ FOIA request; and (ii) produce all the requested

records or otherwise demonstrate that the requested records are exempt from

production.

COUNT I
(Violation of FOIA, 5 U.S.C. §552 Against USSS)

14. Plaintiffs realleges the preceding paragraphs as if fully stated herein.

15. Defendant USSS is unlawfully withholding records requested by

Plaintiffs pursuant to 5 U.S.C. §552.

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16. Plaintiffs are being irreparably harmed by reason of Defendant’s

unlawful withholding of records responsive to Plaintiffs’ FOIA request, and

Plaintiffs will continue to be irreparably harmed unless Defendant USSS is

compelled to conform its conduct to the requirements of the law.

WHEREFORE, Plaintiffs respectfully request that the Court:

(1) Order Defendant to conduct a search for any and all responsive records

to Plaintiffs’ FOIA request and demonstrate that it employed search methods

reasonably likely to lead to the discovery of records responsive to Plaintiffs’

FOIA request;

(2) Order Defendant to produce, by a date certain, any and all non-exempt

records responsive to Plaintiffs’ FOIA request, and a Vaughn index of any

responsive records withheld under claim of exemption;

(3) Enjoin Defendant from continuing to withhold any and all non-exempt

records responsive to Plaintiffs’ FOIA request;

(4) Grant Plaintiffs an award of attorneys’ fees and other litigation costs

reasonably incurred in this action pursuant to 5 U.S.C. §552(a)(4)(E); and

(5) Grant Plaintiffs such other relief as the Court deems just and proper.

Dated: March 23, 2022.

Respectfully Submitted,
Gun Owners of America, Inc. and
Gun Owners Foundation
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/s/ Stephen D. Stamboulieh

Stephen D. Stamboulieh
Stamboulieh Law, PLLC
P.O. Box 428
Olive Branch, MS 38654
(601) 852-3440
stephen@sdslaw.us
DC District Court Bar# MS0009
Counsel for Plaintiffs

Robert J. Olson
(D.C. Bar No. 1029318)
Jeremiah L. Morgan
(D.C. Bar No. 1012943)
William J. Olson
(D.C. Bar No. 233833)
William J. Olson, P.C.
370 Maple Avenue West, Suite 4
Vienna, VA 22180-5615
703-356-5070 (telephone)
703-356-5085 (fax)
wjo@mindspring.com (e-mail)

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 Case 1:22-cv-00802 Document 1-1 Filed 03/23/22 Page 1 of 3

W ILLIAM J. O LSON , P.C.

A T T O RN E Y S A T LA W
WILLIAM J. OLSON 370 MAPLE AVENUE WEST, SUITE 4
(VA, D.C.)

HERBERT W. TITUS VIENNA, VIRGINIA 22180-5615

(VA OF COUNSEL)
TELEPHONE (703) 356-5070 114 C R E E K S ID E LA N E
JEREMIAH L. MORGAN W IN C H E S T E R , V A 22602-2429
(D.C., CA ONLY) FAX (703) 356-5085 T E LE P H O N E (540) 450-8777
ROBERT J. OLSON E-MAIL: wjo@mindspring.com FA X (540) 450-8771
(VA, D.C.)
http://www.lawandfreedom.com

December 29, 2021

via electronic mail

Communications Center (FOIA/PA)

245 Murray Lane
Building T-5
Washington, D.C. 20223
Fax: 202-406-5586
Email: FOIA@usss.dhs.gov

Re: FREEDOM OF INFORMATION ACT (FOIA) REQUEST

of Gun Owners of America and Gun Owners Foundation regarding
Secret Service contact from NBC Reporter Ken Dilanian

Dear FOIA Officer:

We represent Gun Owners of America (“GOA”) and Gun Owners Foundation (“GOF”),
and submit this Freedom of Information Act (“FOIA”) request on their behalf to the United
States Secret Service (“USSS”).

GOA is a nonprofit social welfare organization exempt from federal income tax under
section 501(c)(4) of the Internal Revenue Code. GOA’s tax-exempt mission and purposes
include educating the public and conducting activities in defense of the Second Amendment and
the right to keep and bear arms. GOA’s principal office is located at 8001 Forbes Place, Suite
202, Springfield, Virginia 22151. (For further information on GOA, please see
https://gunowners.org.) GOF is a Virginia non-stock corporation, organized and operated as a
non-profit legal defense and educational foundation that is exempt from federal income taxes
under Section 501(c)(3) of the Internal Revenue Code. GOF is supported by gun owners across
the country. (For further information on GOF, please see https://www.gunowners.com/.)

Record Request

On November 1, 2021, Ken Dilanian from NBC News claimed to have called the USSS
to alert the agency to a Palmetto State Armory AR-15 lower receiver branded as “LETSGO-15.”1

1
https://www.nbcnews.com/politics/politics-news/gun-dealers-sell-weapon-parts-ammo-
using-anti-biden-slogan-lets-go-bra-rcna4260.

Exhibit "A"
 Case 1:22-cv-00802 Document 1-1 Filed 03/23/22 Page 2 of 3

Mr. Dilanian indicated that he believed the USSS should investigate “potential threats to the
President like this.” Subsequently, Mr. Dilanian tweeted that “[he] called to ask the Secret
Service whether they consider ‘F—Joe Biden’ emblazoned on an assault rifle to represent a
security threat to the president. Which I think is a reasonable question.”2

Therefore, we seek the following records:

(a) All records of any phone call placed or other form of communication made by Mr.
Dilanian to the USSS (including but not limited to any audio recording or
transcript thereof), along with records of any
referral/investigation/inquiry/questioning that was opened or not opened, made or
not made, conducted or not conducted, or closed regarding the November 1, 2021
Dilanian referral, Palmetto State Armory, or the Palmetto State Armory lower
receiver “LETSGO-15.”

(b) Any other Secret Service records regarding the phrase “Let’s Go Brandon” or
“Let’s Go, Brandon,” or other iterations thereof including an exclamation mark,
not already produced in request (a) above.

The date range for this request is from October 2, 2021 until the date you begin to process this
request. If any of the information sought above is publicly available, please provide us with the
location(s) of that information.

Please email the documents to wjo@mindspring.com, or mail them to the following

address:

Robert J. Olson, Esquire

William J. Olson, P.C.
370 Maple Ave W., Suite 4
Vienna, VA 22180-5615

Fee Waiver Request

We request that the search, review, and copying fees be waived as provided under section
5 U.S.C. § 552(a)(4)(A) and 28 CFR 16.10(k). GOA and GOF are nonprofit organizations
seeking the requested documents to educate the public on a matter of great public importance, by
releasing information that — in addition to contributing to public understanding on the workings
of government — may have great effect on substantive policy discussions relating to the exercise
of citizens’ rights under the Second Amendment. GOA and GOF routinely publish the results of
findings from documents they receive through FOIA requests, free-of-charge on their websites, in

2
See https://twitter.com/KenDilanianNBC/status/1455277689280008196
 Case 1:22-cv-00802 Document 1-1 Filed 03/23/22 Page 3 of 3

releases to members and supporters, and through dissemination of information to the news
media.

The fees should be waived because release of the requested documents is in the public
interest, and the requested information is likely to contribute significantly to public
understanding of the operations or activities of the government. Additionally, the records sought
by GOA and GOF are likely to contribute significantly to public understanding of the operations
or activities of the government.

The release of the requested documents is not primarily for any commercial interest or
purpose, including any commercial interest of GOA or GOF. GOA and GOF intend to
disseminate to the general public, free of charge, any important information it obtains as a result
of this request.

If our clients’ waiver request is denied, we would appreciate an estimate of the costs
involved in procuring any of the requested documents if such costs exceed $250. If the costs do
not exceed $250, however, we do not need an estimate, and we will guarantee payment.

We request that the 20-day response time imposed by 5 U.S.C. § 552(a)(6)(A)(i) and 28
CFR 16.6(b) be adhered to strictly. We look forward to hearing from you within 20 business
days.

Thank you for your prompt attention to this request.

Sincerely yours,

Robert J. Olson

RJO:ls

cc: Gun Owners of America

Gun Owners Foundation
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