FOR November 21. 2016 By facsimile: 540-868-4391 Federal Bureau of Investigation Attn: Request Record/Information Dissemination Section 170 Marcel Drive Winchester, VA 22602-4843 Re: Freedom of Information Act Request Dear Records Custodian: Campaign for Accountability makes this request for records pursuant to the Freedom of Information Act (FOIA), 5 U.S.C. 552, et seq., and US. Department of Justice (DOJ) regulations, 28 C.F.R. Part 16. Speci?cally, requests copies of all witness statements, investigation reports prosecution memoranda, and Federal Bureau of Investigation (FBI) 302 reports related to any investigation by the FBI and DOJ of Jared Kushner. Please search for records regardless of format, medium, or physical characteristics. We seek records of any kind, including electronic records, audiotapes, videotapes, calendars, and photographs. Where possible, please produce records electronically, in PDF or TIF format, on a CD-ROM. By way of background, an investigation by the Federal Election Commission commenced in 2001 revealed Jared Kushner, along with his father Charles Kushner, other family members, and associates and entities connected to his father?s business interests had violated the Federal Election Campaign Act of 1971 .1 Speci?cally as to Jared Kushner, the FEC found he had made campaign contributions in excess of the $25,000 annual contribution limitation imposed by 2 U.S.C. 441a(1)(3) and 11 CPR. Id. In June 2004, Jared Kushner, along with the other respondents to the FEC enforcement action, agreed to pay a civil penalty of $508,900.2 One year later, following a criminal investigation by the US. Attorney?s Of?ce for the District of New Jersey, Charles Kushner was sentenced to ?two See MUR 5279, Bill Bradley for President, lnc., available at 2 FEC Press Release, Real Estate Developer to Pay $508,900 Civil Penalty to Federal Election Commission, June 30, 2004, available at 1201 Connecticut Avenue, N.W. 0 Suite 300 0 Washington, D.C. 20036 - (202) 780-5750 FBI Records Custodian November 21, 2016 Page 2 years in prison after pleading guilty to 18 counts of tax evasion, witness tampering and making illegal campaign donations.?3 Given the extent to which Jared Kushner already has been in the public spotlight as the son-in-law of and close advisor to President~elect Donald Trump, the anticipated role he will play in a Trump administration, and the already publicly available information concerning his violations of campaign ?nance laws, any privacy interest he may enjoy must be balanced against the public?s right to know whether and the extent to which Mr. Kushner may have engaged in illegal activities. If it is your position that any portion of the requested records is exempt from disclosure, requests that you provide an index of those documents as required under Vaughn v. Rosen, 484 F.2d 820 (DC. Cir. 1973), cert. denied, 415 US. 977 (1972). As you are aware, a Vaughn index must describe each document claimed as exempt with suf?cient speci?city ?to permit a reasoned judgment as to whether the material is actually exempt under Founding Church of Scientology v. Bell, 603 F.2d 945, 949 (DC. Cir. 1979). Moreover, the Vaughn index must ?describe each document or portion thereof withheld, and for each withholding it must discuss the consequences of supplying the sought?after information.? King v. US. Dep ?t of Justice, 830 F.2d 210, 223?24 (DC. Cir. 1987) (emphasis added). Further, ?the withholding agency must supply ?a relatively detailedjusti?cation, speci?cally identifying the reasons why a particular exemption is relevant and correlating those claims with the particular part of a withheld document to which they apply.? Id. at 224 (citing Mead Data Central v. US. Dep ?t of the Air orce, 566 F.2d 242, 251 (DC Cir. 1977)). In the event some portions of the requested records are properly exempt from disclosure, please disclose any reasonably segregable non-exempt portions of the requested records. See 5 U.S.C. 552(b). If it is your position that a document contains non-exempt segments, but that those non-exempt segments are so dispersed throughout the document as to make segregation impossible, please state what portion of the document is non-exempt, and how the material is dispersed throughout the document. Mead Data Central, 566 F.2d at 26]. Claims of nonsegregability must be made with the same degree of detail as required for claims of exemptions in a Vaughn index. If a request is denied in whole, please state speci?cally that it is not reasonable to segregate portions of the record for release. Finally, welcomes the opportunity to discuss with you whether and to what extent this request can be narrowed or modi?ed to better enable the FBI to process it within the deadlines. 3 Ronald Smothers, Democratic Donor Receives Two-Year Prison Sentence, New York Times, March 5, 2005, available at sentence.html? r=0. FBI Records Custodian November 21, 2016 Page 3 Fee Waiver Request In accordance with 5 U.S.C. and 28 C.F.R. requests a waiver of fees associated with processing this request for records. The subject of this request concerns the operations of the federal government, and the disclosures likely will contribute to a better understanding of relevant government procedures by and the general public in a signi?cant way. Moreover, the request primarily and fundamentally is for non-commercial purposes. 5 U.S.C. See, McClellan Ecological v. Carlucci, 835 F.2d 1282, 1285 (9th Cir. 1987). Currently Jared Kushner is married to President-elect Donald Trump?s daughter Ivanka, and is widely reported to serve as one of his closest advisors, a role expected to continue once Mr. Trump assumes the of?ce of president. It also has been reported that the Trump transition team will seek to have Mr. Kushner cleared to attend the daily presidential brie?ngs, during which some of our nation?s most closely held secrets are discussed. The requested records are likely to contribute to public understanding of the appropriateness of Mr. Jared serving in this role, and the extent to which DOJ has information bearing directly on whether Mr. Jared should receive a top-level security clearance. is a project of a non-pro?t organized under section 501(c)(3) of the Internal Revenue Code. is committed to protecting the public?s right to be aware of the activities of government of?cials and to ensuring the integrity of those of?cials. uses a combination of research, litigation, and advocacy to advance its mission. The release of information garnered through this request is not in CfA?s ?nancial interest. will analyze the information responsive to this request, and will share its analysis with the public, either through memoranda, reports, or press releases. In addition, will disseminate any documents it acquires from this request to the public through its website, Under these circumstances, satis?es fully the criteria for a fee waiver. News Media E95: Waiver Request also asks that it not be charged search or review fees for this request because quali?es as a ?representative of the news media? pursuant to the FOIA and DOJ regulation 28 C.F.R. 16.10. In Nat ?1 Sec. Archive v. US. Dep't ofDefense, 880 F.2d 1381, 1386 (DC. Cir. 1989), the Court of Appeals for the District of Columbia Circuit found the National Security Archive was a representative of the news media under the FOIA, relying on the legislative history, which indicates the phrase ?representative of the news media? is to be interpreted broadly; ?it is critical that the phrase ?representative of the news media? be broadly interpreted if the act is to work as expected . . . In fact, any person or organization which regularly publishes or disseminates information to the public. . . should quali?/ for waivers as a ?representative of the news media. 132 Cong. Rec. $14298 (daily ed. Sept. 30, 1986) (emphasis added), cited in id. meets this test. FBI Records Custodian November 21, 2016 Page 4 routinely and systematically disseminates information to the public in several ways. First, maintains a website, In addition, posts documents it receives under the FOIA, and publishes reports based on documents it receives through open records laws, including the FOIA. Based on its publication activities, quali?es as a ?representative of the news media? under the FOIA and agency regulations. Request for Expedition Finally, please be advised that also has requested expedition of this request because its subject matter is of widespread and exceptional media interest and the requested information involves possible questions about the government?s integrity which affect public con?dence. Pursuant to 28 CPR. submitted that request to the Director of Public Affairs; a copy of this request is enclosed. Conclusion If you have any questions about this request or foresee any problems in releasing fully the requested records, please contact me at (301) 717-6610. Also, if CfA?s request for a fee waiver is not granted in full, please contact me immediately upon making such determination. Please send the requested records to Anne Weismann, Campaign for Accountability, 660 Ave., S.E., Suite 303, Washington, DC. 20003. Sincerely, L. eismann Executive Director Encl.