Case 1:17-cv-00597-APM Document 26 Filed 11/29/17 Page 1 of 3

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
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Plaintiffs,
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v.
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Civil Action No. 17-597 (APM)
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DEPARTMENT OF JUSTICE
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Defendant.
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NOTICE OF SUPPLEMENTAL INFORMATION
THE JAMES MADISON PROJECT,
et al.,

The Plaintiffs, The James Madison Project and Brad Heath (“Plaintiffs”), respectfully
submit to this Court for consideration the newest official disclosure of material
information made public by the President of the United States via Twitter.
“The House of Representatives seeks contempt citations(?) against the
JusticeDepartment and the FBI for withholding key documents and an FBI
witness which could shed light on surveillance of associates of Donald Trump.
Big stuff. Deep State. Give this information NOW! @foxnews”
https://twitter.com/realDonaldTrump/status/936037938898636800 (last accessed
November 29, 2017). 1
For context, this tweet by the President appears to be in reference to a news report
aired on Fox News this evening. http://video.foxnews.com/v/5662667184001/
?#sp=show-clips (last accessed November 29, 2017). In the news report, Fox News
anchor Bret Baier announces that investigators for the House of Representatives have
recommended the issuance of contempt citations against the Department of Justice
(“DOJ”) and Federal Bureau of Investigation (“FBI”). The basis for the contempt

1

The typo and syntax errors are from the original tweet.

 Case 1:17-cv-00597-APM Document 26 Filed 11/29/17 Page 2 of 3

citations concerns pending subpoenas served upon DOJ and FBI by the House Permanent
Select Committee on Intelligence and that seek, among other things, “efforts to
corroborate information provided by Mr. Steele” that were memorialized in the Steele
Dossier. http://i2.cdn.turner.com/cnn/2017/images/09/06/nunesletter.pdf (last accessed
November 29, 2017). In the Fox News report, reporter James Rosen notes the separate
issue that allegations from the Steele Dossier were purportedly relied upon in some
fashion as the factual justification to secure surveillance warrants targeting associates of
President Trump. http://video.foxnews.com/v/5662667184001/?#sp=show-clips (last
accessed November 29, 2017).
The President’s tweet this evening is a rather clear and concrete official
acknowledgment of the existence of records responsive to the Plaintiffs’ FOIA requests.
The President specifically and definitively stated that the “key documents” he is publicly
ordering the FBI and DOJ to release to Congressional investigators “could shed light on
surveillance of associates of Donald Trump.” This is more than sufficient to nullify at
least in part, as a matter of law, the appropriateness of the Glomar responses categorically
invoked by the DOJ in this present case.

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 Case 1:17-cv-00597-APM Document 26 Filed 11/29/17 Page 3 of 3

Date: November 29, 2017

Respectfully submitted,
/s/
________________________
Bradley P. Moss, Esq.
D.C. Bar #975905
Mark S. Zaid, Esq.
D.C. Bar #440532
Mark S. Zaid, P.C.
1250 Connecticut Avenue, N.W.
Suite 200
Washington, D.C. 20036
Brad@MarkZaid.com
Mark@MarkZaid.com
Attorneys for the Plaintiffs

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