Case 1:18-cv-01174 Document 1 Filed 05/18/18 Page 1 of 8 IN THE UNITED STATES DISTRICT COURT FOR DISTRICT OF COLUMBIA ) BENJAMIN WITTES ) SCOTT R. ANDERSON ) P.O. Box 33226 ) Washington, D.C. 20033-3226 ) ) Plaintiffs, ) ) v. ) ) U.S. FEDERAL BUREAU OF INVESTIGATION ) 935 Pennsylvania Avenue, NW ) Washington, D.C. 20535 ) ) Defendant. ) Civil Action No. 18-1174 COMPLAINT 1. Plaintiffs Benjamin Wittes and Scott R. Anderson bring this action against the Federal Bureau of Investigations (“FBI”) to compel compliance with the Freedom of Information Act (“FOIA”). See 5 U.S.C. § 552. Plaintiffs allege as follows: 2. On May 9, 2017, President Trump fired FBI Director James Comey. As justification for Director Comey’s firing, President Trump claimed that the FBI was “in turmoil” and that he “just want[ed] somebody that’s competent” to run the Bureau. 3. The FBI administers an annual “climate survey” to its personnel. The anonymous questionnaire assesses employees’ views about their “work, work environment, and the FBI as a whole.”1 In response to prior Freedom of Information Act requests, the FBI has previously released the results of the 2013, 2014, 2015, 2016, and 2017 climate surveys.2 1 Federal Bureau of Investigation, FBI Field Office and Headquarters Climate Survey Results, https://vault.fbi.gov/FBI%20Field%20Office%20and%20Headquarters%20Climate%20Survey% 20Results. 2 Id. Case 1:18-cv-01174 Document 1 Filed 05/18/18 Page 2 of 8 4. The 2017 survey showed that the FBI was not “in turmoil.” Rather, the survey showed that FBI personnel were satisfied with Mr. Comey’s leadership. 5. The release of the survey informed national media coverage of the Bureau. For example, The New York Times reported that the surveys showed that “Mr. Comey’s . . . scores were consistently high in each year and in nearly every area.” The surveys “show[ed] no support” for President Trump’s claim that the FBI was “in turmoil.”3 And other outlets similarly reported on the survey results. See, e.g., Esme Cribb, FBI Agents Gave Comey Consistently High Marks, Counter to Trump’s Claims, Talking Points Memo (Aug. 16, 2017)4; Julia Manchester, Internal Surveys Show Comey Highly Respected as FBI Leader, The Hill (Aug. 16, 2017).5 6. The FBI faced many challenges over the past year, following President Trump’s decision to fire Director Comey. The President and his allies have accused specific FBI personnel of skewing investigative results, abusing surveillance authorities, and engaging in a vendetta against the President.6 The President has also repeatedly attacked the integrity of the FBI and its agents on Twitter. 3 Matt Apuzzo, F.B.I. Agents Supported Comey, Surveys Show, Weakening Trump’s Claim of Turmoil, N.Y. Times (Aug. 16, 2017), available at https://www.nytimes.com/2017/08/16/us/politics/comey-fbi-agents-confidence-survey.html. 4 Available at https://talkingpointsmemo.com/livewire/fbi-agents-gave-comey-high-marks-ininternal-survey. 5 Available at http://thehill.com/blogs/blog-briefing-room/news/346855-fbi-surveys-comeystrong-support. 6 See, e.g., Alan Yuhas and Luke Harding, Trump Accuses Top FBI and Justice Department Officials of Bias in Russia Investigation, The Guardian (Feb. 2, 2018), available at https://www.theguardian.com/us-news/2018/feb/02/donald-trump-fbi-justice-department-russiainvestigation. 2 Case 1:18-cv-01174 Document 1 Filed 05/18/18 Page 3 of 8 Donald J. Trump (@realDonaldTrump), Twitter (Dec. 3, 2017, 5:00 AM), https://twitter.com/realdonaldtrump/status/937305615218696193?lang=en. Donald J. Trump (@realDonaldTrump), Twitter (Feb. 17, 2018, 8:08 PM), https://twitter.com/realdonaldtrump/status/965075589274177536?lang=en. 3 Case 1:18-cv-01174 Document 1 Filed 05/18/18 Page 4 of 8 Donald J. Trump (@realDonaldTrump), Twitter (Apr. 2, 2018, 6:58 AM), https://twitter.com/realDonaldTrump/status/980806557846863872. 7. Plaintiffs seek to understand and explain to the public how these actions affect FBI morale. In response to an inquiry, the FBI press office has stated that the most recent FBI climate surveys were conducted in February and March 2018. 8. Plaintiffs submitted a FOIA request seeking this data because the data should provide up-to-date information on how FBI morale has changed over the past year. But despite the Bureau’s prior willingness to publicly release the results of the climate surveys, the Bureau has not released the most recent results. Plaintiffs seek the Court’s help to obtain these documents, to which they are entitled under FOIA. JURISDICTION AND VENUE 9. The Court has jurisdiction over this action pursuant to 5 U.S.C. § 552(a)(4)(B) and 28 U.S.C. § 1331. 10. Venue is proper in this district pursuant to 5 U.S.C. § 552(a)(4)(B). PARTIES 11. Plaintiff Benjamin Wittes is the editor-in-chief of Lawfare, an online publication published by The Lawfare Institute, a 501(c)(3) not-for-profit educational organization in cooperation with the Brookings Institution, a 501(c)(3) nonprofit public policy organization. Lawfare is dedicated to informing public understanding on operations and activities of the government. 12. Plaintiff Scott R. Anderson is a Senior Editor of Lawfare and a Fellow in Governance Studies at the Brookings Institution. 13. Plaintiffs intend to give the public access to the documents obtained through this 4 Case 1:18-cv-01174 Document 1 Filed 05/18/18 Page 5 of 8 FOIA request on Lawfare’s website (www.lawfareblog.com). Plaintiffs also intend to provide information about and analysis of the documents as appropriate. 14. Defendant Federal Bureau of Investigation is an agency of the executive branch of the federal government of the United States. Defendant is headquartered at 935 Pennsylvania Ave. NW, Washington, DC 20535. Defendant has possession, custody, and control of the documents that plaintiffs seek. STATEMENT OF FACTS 15. On April 5, 2018, plaintiffs sent a FOIA request to defendant seeking the following records: Any documents reflecting the results of Federal Bureau of Investigation (FBI) Field Office and Headquarters Climate Survey for 2018. The request further specified: We understand the survey was administered between February and March 2018. You have disclosed the results of Climate Surveys for prior years on https://vault.fbi.gov/. We are requesting the same type of documents for the 2018 survey. See Exhibit A (FOIA request). 16. Plaintiffs requested a fee waiver pursuant to 5 U.S.C. § 552(a)(4)(A)(iii) or 5 U.S.C. § 552(a)(4)(A)(ii)(II). Id. 17. Plaintiffs requested expedited processing pursuant to 5 U.S.C. § 552(a)(6)(E) and 28 C.F.R. § 16.5(e). See Exhibit B. Plaintiffs’ request was narrowly tailored to make it easy for the FBI to respond to it in an expedited fashion. 18. Plaintiffs’ request was submitted through defendant’s Electronic FOIPA website. On the same day that the request was submitted, plaintiffs received an email from defendant acknowledging receipt of the request. Id. 5 Case 1:18-cv-01174 Document 1 Filed 05/18/18 Page 6 of 8 19. On April 16, 2018, plaintiffs received a letter from defendant acknowledging receipt of the request and stating that plaintiffs’ request for a fee waiver was under consideration. See Exhibit C. 20. Also on April 16, 2018, plaintiffs received a letter from defendant advising them that “unusual circumstances” for the processing of the request would “delay [the FBI’s] ability to make a determination . . . within 20 days.” The letter did not indicate an alternate date by which a determination would be made. See Exhibit D. 21. Also on April 16, 2018, plaintiff Scott Anderson sent an email to defendant requesting clarification of the reason for the processing delay, explaining “we are asking for a single internal FBI document that has been publicly disclosed in response to similar requests in prior years.” See Exhibit E. 22. On April 17, 2018, defendant responded to plaintiffs stating that plaintiffs’ request “remains in process and was not deemed overly broad.” Id. 23. Pursuant to FOIA, within 20 business days of receipt of plaintiffs’ request – for this case, that was by May 4, 2018 – defendant was required to “determine . . . whether to comply with such request” and to “immediately notify” plaintiffs of “such determination and the reasons therefor,” plaintiffs’ right “to seek assistance from the FOIA Public Liaison of the agency,” and, in the case of an adverse determination, plaintiffs’ appeal rights. 5 U.S.C. § 552(a)(6)(A)(i). In its April 16, 2018 letter, defendant stated that “unusual circumstances” for the processing of the request would “delay [the FBI’s] ability to make a determination . . . within 20 days.” However, defendant did not invoke the 10-day extension that can be afforded to agencies pursuant to 28 C.F.R. § 16.5(c). Even if defendant had properly invoked the 10-day extension, its response would have been due no later than May 17, 2018. 6 Case 1:18-cv-01174 Document 1 Filed 05/18/18 Page 7 of 8 24. To date, defendant has failed to make the required determination and notifications. Nor has defendant made a determination regarding plaintiffs’ request for a fee waiver. COUNT I (Violation of FOIA, 5 U.S.C. § 552) 25. Plaintiffs re-allege and incorporate by reference all preceding paragraphs. 26. Defendant is in violation of FOIA by failing to respond to plaintiffs’ request within the statutorily prescribed time limit and by unlawfully withholding records responsive to plaintiffs’ request. PRAYER FOR RELIEF Plaintiffs respectfully request that the Court: (1) Order defendant, by a date certain, to conduct a search that is reasonably likely to lead to the discovery of any and all records responsive to plaintiffs’ request; (2) Order defendant, by a date certain, to demonstrate that it has conducted an adequate search; (3) Order defendant, by a date certain, to produce to plaintiffs any and all non-exempt records or portions of records responsive to plaintiffs’ request, as well as a Vaughn index of any records or portions of records withheld due to a claim of exemption; (4) Enjoin defendant from improperly withholding records responsive to plaintiffs’ request; (5) Order defendant to grant plaintiffs’ request for a fee waiver; (6) Grant plaintiffs an award of attorney fees and other reasonable litigation costs pursuant to 5 U.S.C. § 552(a)(4)(E); 7 Case 1:18-cv-01174 Document 1 Filed 05/18/18 Page 8 of 8 (7) Grant plaintiffs such other relief as the Court deems appropriate. Respectfully submitted, Date: May 18, 2018 /s/ Justin Florence JUSTIN FLORENCE (Bar No. 988953) Justin.Florence@protectdemocracy.org The Protect Democracy Project, Inc. 10 Ware Street Cambridge, MA 02138 Phone: 202-599-0466 Fax: 929-777-8428 CAMERON KISTLER (Bar No. 1008922) Cameron.Kistler@protectdemocracy.org The Protect Democracy Project, Inc. 2020 Pennsylvania Ave. NW, #163 Washington, DC 20006 Phone: 202-997-0379 Fax: 929-777-8428 Counsel for Plaintiffs 8 Case Document 1-2 Filed 05/18/18 Page 1 of 4 EXHIBIT A Case 1:18-cv-01174 Document 1-2 Filed 05/18/18 Page 2 of 4 1775 Massachusetts Avenue, NW Washington, DC 20036 telephone 202 797 6000 fax 202 797 6004 web brookings edu April 5, 2018 Federal Bureau of Investigation Attn: FOI/PA Request Record/Information Dissemination Section 170 Marcel Drive Winchester, VA 22602-4843 (540) 868-4391/4997 (fax) Re: Freedom of Information Act Request Dear sir or madam: Pursuant to the Freedom of Information Act (FOIA), 5 U.S.C. § 552, we hereby request that your office produce, within 20 business days, the following records (see below for clarity on the types of records sought): 1. Any documents reflecting the results of Federal Bureau of Investigation (FBI) Field Office and Headquarters Climate Survey for 2018. We understand the survey was administered between February and March 2018. You have disclosed the results of Climate Surveys for prior years on https://vault.fbi.gov/.1 We are requesting the same type of documents for the 2018 survey. FEE WAIVER FOIA provides that any fees associated with a request are waived if “disclosure of the information is in the public interest because it is likely to contribute significantly to public understanding of the operations or activities of the government and is not primarily in the commercial interest of the requester.” 5 U.S.C. § 552(a)(4)(A)(iii). We are the Editor-in-Chief and Senior Editor of Lawfare, an online publication dedicated to informing public understanding on operations and activities of the government. Lawfare is published by The Lawfare Institute, a 501(c)(3) not-for-profit educational organization, and in cooperation with The Brookings Institution, a 501(c)(3) nonprofit public policy organization. This request is submitted in connection with Lawfare’s mission to publish information that is likely to contribute significantly to the public understanding of executive branch activities related to law and national security. Lawfare does not have commercial interests. The full URL where the results of the prior years’ Climate Surveys are made public is: https://vault.fbi.gov/FBI%20Field%20Office%20and%20Headquarters%20Climate%20Survey% 20Results/FBI%20Field%20Office%20and%20Headquarters%20Climate%20Survey%20Results %20%282017%29/view. 1 1 Case 1:18-cv-01174 Document 1-2 Filed 05/18/18 Page 3 of 4 In addition to satisfying the requirements for a waiver of fees associated with the search and processing of records, we are entitled to a waiver of all fees except “reasonable standard charges for document duplication.” 5 U.S.C. § 552(a)(4)(A)(ii)(II). Federal law mandates that fees be limited to document duplication costs for any requester that qualifies as “a representative of the news media.” Id. Lawfare is a “news media organization[]” that “gathers information of potential interest to a segment of the public, uses its editorial skills to turn the raw materials into a distinct work, and distributes that work to an audience.” Nat’l Sec. Archive v. Dep’t of Defense, 880 F.2d 1381, 1387 (D.C. Cir. 1989). We intend to give the public access to documents transmitted via FOIA on our website, https://www.lawfareblog.com/, and to provide information about and analysis of those documents as appropriate. RESPONSIVE RECORDS We ask that all types of records and all record systems be searched to discover records responsive to our request. We seek records in all medium and format. We ask that you search all systems of record, including electronic and paper, in use at your agency. We also ask that you search files or emails in the personal custody of your employees, such as personal email accounts, as required by FOIA and to the extent that they are reasonably likely to contain responsive records. We would prefer records in electronic format, saved as PDF documents, and transmitted via email or CD-ROM. We ask that you search for records from all components of the FBI that may be reasonably likely to produce responsive results. If you make a determination that any responsive record, or any segment within a record, is exempt from disclosure, we ask that you provide an index of those records at the time you transmit all other responsive records. In the index, please include a description of the record and the reason for exclusion with respect to each individual exempt record or exempt portion of a record, as provided by Vaughn v. Rosen, 484 F.2d 820 (D.C. Cir. 1973), cert. denied, 415 U.S. 977 (1974). When you deem a portion of a record exempt, we ask that the remainder of the record be provided, as required by 5 U.S.C. §§ 552(a)(8)(A)(ii) & 552(b). Given the 20-day statutory deadline, we hope to be as helpful as possible in clarifying or answering questions about our request. Please contact me by phone or email if you require any additional information. We appreciate your cooperation, and look forward to hearing from you very soon. Sincerely, /s/ Benjamin Wittes Benjamin Wittes Senior Fellow in Governance Studies, The Brookings Institution Editor in Chief, Lawfare 2 Case 1:18-cv-01174 Document 1-2 Filed 05/18/18 Page 4 of 4 1775 Massachusetts Ave., N.W. Washington, D.C. 20036 (202) 797-4368 (phone) benjamin.wittes@gmail.com /s/ Scott R. Anderson Scott R. Anderson Fellow in Governance Studies, The Brookings Institution Senior Editor, Lawfare 1775 Massachusetts Ave., N.W. Washington, D.C. 20036 (202) 797-6090 (phone) sanderson@brookings.edu 3 Case Document 1-3 Filed 05/18/18 Page 1 of 6 EXHIBIT Case 1:18-cv-01174 Document 1-3 Filed 05/18/18 Page 2 of 6 Subject: Date: From: To: eFOIA  Request  Received Friday,  April  6,  2018  at  10:24:38  AM  Eastern  Daylight  Time efoia@subscripJons.Li.gov ScoN  Anderson Organization Representative Information Organization Name Lawfare Prefix First Name Middle Name Last Name SCOTT RICHARD ANDERSON Suffix Email Phone Location sanderson@brookings.edu 7033036133 United States Domestic Address Address Line 1 1775 MASSACHUSETTS AVENUE Page  1  of  5 Case 1:18-cv-01174 Document 1-3 Filed 05/18/18 Page 3 of 6 Address Line 2 City State Postal WASHINGTON District of Columbia 20036 Agreement to Pay How you will pay Allow up to $ I am requesting a fee waiver for my request and have reviewed the FOIA reference guide. If my fee waiver is denied, I am willing to pay additional fees and will enter that maximum amount in the box below. 200 Proof Of Affiliation for Fee Waiver Waiver Explanation FOIA provides that any fees associated with a request are waived if ???disclosure of the information is in the public interest because it is likely to contribute significantly to public understanding of the operations or activities of the government and is not primarily in th e commercial interest of the requester.??? 5 U.S.C. ?? 552(a)(4)(A)(iii ). We are the Editor-in-Chief and Senior Editor of Lawfare, a n online publication dedicated to informing public understanding on operations and activities of the government. Lawfare is published by The Lawfare Institute, a 501(c)(3) not-for-profit educational organization, and i n cooperation with The Brookings Institution, a 501(c)(3) nonprofit public po licy organization. This request is submitted in connection with Lawfare???s m ission to publish information that is likely to contribute significantly to the public understanding of executive branch activities related to la w and national Page  2  of  5 Case 1:18-cv-01174 Document 1-3 Filed 05/18/18 Page 4 of 6 understanding of executive branch activities related to la w and national security. Lawfare does not have commercial interests. In addition to satisfying the requirements for a waiver of fees associated with the search and processing of records, we are entitled to a waiver of all fees except ???reasonable standard charges for documen t duplication.??? 5 U.S.C. ?? 552(a)(4)(A)(ii)(II). Federal law mandates that fees be limited to document duplication costs for any requester that qualifie s as ???a representative of the news media.??? Id. Lawfare is a ???n ews media organization[]??? that ???gathers information of potential interest to a segment of the public, uses its editorial skills to turn the raw m aterials into a distinct work, and distributes that work to an audience.?? ? Nat???l Sec. Archive v. Dep???t of Defense, 880 F.2d 1381, 1387 (D.C. Cir. 1989 ). We intend to give the public access to documents transmitted via FOIA on our website, https://www.lawfareblog.com/, and to provide information a bout and analysis of those documents as appropriate. Documentation Files Non-Individual FOIA Request Request Information Pursuant to the Freedom of Information Act (FOIA), 5 U.S.C . ?? 552, we hereby request that your office produce, within 20 business days, the following records (see below for clarity on the types of records sou ght): 1. Any documents reflecting the results of Federal Bureau of Investigation (FBI) Field Office and Headquarters Climate Survey for 201 8. We understand the survey was administered between February and March 2018. You have disclosed the results of Climate Surveys for prio r years on https://vault.fbi.gov/. (The full URL where the results of the prior years??? Climate Surveys are made public is: https://vault.fbi.gov/FBI%20Field%20Office%20and%20Headqua Page  3  of  5 Case 1:18-cv-01174 Document 1-3 Filed 05/18/18 Page 5 of 6 https://vault.fbi.gov/FBI%20Field%20Office%20and%20Headqua rters%20Climate%20Survey%20Results/FBI%20Field%20Office%20 and%20Headquarters%20Climate%20Survey%20Results%20%282017% 29/view.) We are requesting the same type of documents for the 2018 survey. RESPONSIVE RECORDS We ask that all types of records and all record systems be searched to discover records responsive to our request. We seek record s in all medium and format. We ask that you search all systems of record, including electronic and paper, in use at your agency. We also ask t hat you search files or emails in the personal custody of your employees, such as personal email accounts, as required by FOIA and to the extent that they are reasonably likely to contain responsive records. We would prefer records in electronic format, saved as PDF documents, and transmitted via email or CD-ROM. We ask that you search for records from all components of the FBI that may be reasonably likely to produce responsive results. If you make a determination that any responsive record, or any segment within a record, is exempt from disclosure, we ask that yo u provide an index of those records at the time you transmit all other respon sive records. In the index, please include a description of the record and the reason for exclusion with respect to each individual exempt record or exempt portion of a record, as provided by Vaughn v. Rosen, 484 F.2d 820 (D. C. Cir. 1973), cert. denied, 415 U.S. 977 (1974). When you deem a portion of a record exempt, we ask that the remainder of the record be provide d, as required by 5 U.S.C. ???? 552(a)(8)(A)(ii) & 552(b). Given the 20-day statutory deadline, we hope to be as help ful as possible in clarifying or answering questions about our request. Pleas e contact me by phone or email if you require any additional information. We appreciate your cooperation, and look forward to hearing from you very soo n. Sincerely, /s/ Benjamin Wittes Page  4  of  5 Case 1:18-cv-01174 Document 1-3 Filed 05/18/18 Page 6 of 6 Benjamin Wittes Senior Fellow in Governance Studies, The Brookings Institu tion Editor in Chief, Lawfare 1775 Massachusetts Ave., N.W. Washington, D.C. 20036 (202) 797-4368 (phone) benjamin.wittes@gmail.com /s/ Scott R. Anderson Scott R. Anderson Fellow in Governance Studies, The Brookings Institution Senior Editor, Lawfare 1775 Massachusetts Ave., N.W. Washington, D.C. 20036 (202) 797-6090 (phone) sanderson@brookings.edu Expedite Expedite Reason We believe ???the subject of th[is] request is of widespre ad and exceptional media interest and the information sought involves possibl e questions about the government's integrity which affect public confidence. ??? The last year has seen a remarkable amount of turnover in FBI leadership and associated controversy. The morale and views of FBI personnel is a ke y measure of perceptions of government integrity and relate directly to public confidence. We also know these results have been sought by many media organizations in the past, and expect the same for this ye ar. Page  5  of  5 Case Document 1-4 Filed 05/18/18 Page 1 of 3 EXHIBIT Case Document 1-4 Filed 05/18/18 Page 2 of 3 US. Department of Justice Federal Bureau of Investigation Washington, D. C. 20535 April 16, 2018 MR. SCOTT RICHARD ANDERSON LAW FAR 17?5 MASSACHUSETTS AVENUE WASHINGTON, DC 20036 FOIPA Request No.: 1402478-000 Subject: FBI Climate Survey (2018) Dear Mr. Anderson: This acknowledges receipt of your Freedom of Information Act (FOIA) request to the FBI. Below you will find check boxes and informational paragraphs about your request, as well as specific determinations required by these statutes. Please read each one carefully. IF Your request has been received at FBI Headquarters for processing. Your request has been received at the Resident Field Office and forwarded to FBI Headquarters for processing. You submitted your request via the system. We have reviewed your request. Consistent with the FBI terms of service, future correspondence about your FOIA request will be provided in an email link. r? We have reviewed your request. Consistent with the FBI terms of service, future correspondence about your FOIPA request will be sent through standard mail. The subject of your request is currently being processed and documents will be released to you upon completion. Release of responsive records will be posted to the electronic FOIA Library (The Vault), http:ivault.fbi.gov, and you will be contacted when the release is posted. Your request for a public interest fee waiver is under consideration, and you will be advised of the decision at a later date. If your fee waiver is not granted, you will be responsible for applicable fees per your designated requester fee category below. For the purpose of assessing any fees, we have determined: As a commercial use requester, you will be charged applicable search, review, and duplication fees in accordance with 5 USC 552 I: As an educational institution, noncommercial scientific institution or representative of the news media requester, you will be charged applicable duplication fees in accordance with 5 USC 552 As a general (all others) requester, you will be charged applicable search and duplication fees in accordance with 5 USC 552 Case 1:18-cv-01174 Document 1-4 Filed 05/18/18 Page 3 of 3 Please check the status of your FOIPA request at www.fbi.gov/foia by clicking on FOIPA Status and entering your FOIPA Request Number. Status updates are adjusted weekly. The status of newly assigned requests may not be available until the next weekly update. If the FOIPA has been closed the notice will indicate that appropriate correspondence has been mailed to the address on file. For questions regarding our determinations, visit the www.fbi.gov/foia website under “Contact Us.” The FOIPA Request number listed above has been assigned to your request. Please use this number in all correspondence concerning your request. You may file an appeal by writing to the Director, Office of Information Policy (OIP), United States Department of Justice, Suite 11050, 1425 New York Avenue, NW, Washington, D.C. 20530-0001, or you may submit an appeal through OIP's FOIA online portal by creating an account on the following web site: https://foiaonline.regulations.gov/foia/action/public/home. Your appeal must be postmarked or electronically transmitted within ninety (90) days from the date of this letter in order to be considered timely. If you submit your appeal by mail, both the letter and the envelope should be clearly marked “Freedom of Information Act Appeal.” Please cite the FOIPA Request Number assigned to your request so it may be easily identified. You may seek dispute resolution services by contacting the Office of Government Information Services (OGIS) at 877-684-6448, or by emailing ogis@nara.gov. Alternatively, you may contact the FBI’s FOIA Public Liaison by emailing foipaquestions@fbi.gov. If you submit your dispute resolution correspondence by email, the subject heading should clearly state “Dispute Resolution Services.” Please also cite the FOIPA Request Number assigned to your request so it may be easily identified. Sincerely, David M. Hardy Section Chief, Record/Information Dissemination Section Records Management Division Case Document 1-5 Filed 05/18/18 Page 1 of 3 EXHIBIT Case Document 1-5 Filed 05/18/18 Page 2 of 3 US. Department of Justice Federal Bureau of Investigation Washington, D. C. 20535 April 15, 2018 NIH. SCOTT RICHARD ANDERSON 1775 MASSACHUSETTS AVENUE WASHINGTON, DC 20036 FOIPA Bequest No.: 1402478500 Subject: FBI Climate Survey (2018) Dear Mr. Anderson: Please be advised that ?unusual circumstances" apply to the processing of your request. 5 USC. 552 ?Unusual circumstances" include one or more of the following scenarios: There is a need to search for and collect records from field olfices andfor other of?ces that are separate from the FBI Dissemination Section There is a need to search for, collect, and examine a voluminous amount of separate and distinct records. There is a need for consultation with another agency or two or more DOJ components. These ?unusual circumstances? will delay our ability to make a determination on your request within 20 days [excluding weekend and legal public holidays). Additionally, the payment of pertinent tees may apply to your request. 5 U.S.C. 552 The application of "unusual circumstances" is not a determination of how the FBI will respond to your substantive request, this letter provides notice that these ?unusual circumstances? apply to processing and delay the determination of your request. 5 U.S.C. 552 (all?llBl- You have the opportunity to reduce the scope of your request: this will accelerate the process and could potentially place your request in a quicker processing queue. This may also reduce search and duplication costs and allow for a more timely receipt of your information. The FBI uses a multi-queue processing system to fairly assign and process new requests. Simple request queue cases (50 pages or less} usually require the least time to process. Please advise in writing it you would like to discuss reducing the scope of your request and your willingness to pay the estimated search and duplication costs indicated above. Provide a telephone number, it one is available, where you can be reached between 8:00 am. and 5:00 Eastern Standard Time. Mail your response to: Work Process Unit; Record InformationrDissemination Section; Records Management Division; Federal Bureau of Investigation; we Marcel Drive; Winchester; VA 22602. You may also fax your response to: 540-868?4997, Attention: Work Process Unit. For questions regarding our determinations; visit the website under ?Contact Us." The FDIPA Request number listed above has been assigned to your request. Please use this number in all correspondence concerning your request. Your patience is appreciated. Case 1:18-cv-01174 Document 1-5 Filed 05/18/18 Page 3 of 3 You may file an appeal by writing to the Director, Office of Information Policy (OIP), United States Department of Justice, Suite 11050, 1425 New York Avenue, NW, Washington, D.C. 20530-0001, or you may submit an appeal through OIP's FOIA online portal by creating an account on the following web site: https://foiaonline.regulations.gov/foia/action/public/home. Your appeal must be postmarked or electronically transmitted within ninety (90) days from the date of this letter in order to be considered timely. If you submit your appeal by mail, both the letter and the envelope should be clearly marked “Freedom of Information Act Appeal.” Please cite the FOIPA Request Number assigned to your request so that it may be easily identified. You may seek dispute resolution services by contacting the Office of Government Information Services (OGIS) at 877-684-6448, or by emailing ogis@nara.gov. Alternatively, you may contact the FBI’s FOIA Public Liaison by emailing foipaquestions@fbi.gov. If you submit your dispute resolution correspondence by email, the subject heading should clearly state “Dispute Resolution Services.” Please also cite the FOIPA Request Number assigned to your request so that it may be easily identified. Sincerely, David M. Hardy Section Chief, Record/Information Dissemination Section Records Management Division Case Document 1-6 Filed 05/18/18 Page 1 of 3 EXHIBIT Case 1:18-cv-01174 Document 1-6 Filed 05/18/18 Page 2 of 3 Subject: Date: From: To: A1achments: RE:  Issue  re:  FOIPA  Request  No.  1402478-­‐000  (FBI  Climate  Survey) Tuesday,  April  17,  2018  at  8:11:06  AM  Eastern  Daylight  Time FOIPAQUESTIONS ScoR  Anderson image001.png Dear  Mr.  Anderson, Thank  you  for  contacting  foipaquestions@fbi.gov  in  reference  to  your  Freedom  of  Information  Act (FOIA)  request.    The  letter  you  received  citing  unusual  circumstances  apply  in  that  there  is  a  need  to search  for  and  collect  records  from  field  offices  and/or  offices  that  are  separate  from  the  FBI Record/Information  Dissemination  Section.    Your  request  remains  in  process  and  was  not  deemed overly  broad.    Furthermore,  there  is  no  need  to  reach  out  to  reduce  the  scope  of  your  request  at  this time.   Should  you  have  further  questions,  please  feel  free  to  reach  out. Respectfully, Public  Information  Of1icer Record/Information  Dissemination  Section  (RIDS)  FBI-­‐‑Records  Management  Division 170  Marcel  Drive,  Winchester,  VA  22602-­‐‑4843 Direct:  (540)  868-­‐‑4593 Fax:  (540)  868-­‐‑4391/4997 Questions  E-­‐‑mail:  foipaquestions@Sbi.gov Do  you  have  further  questions  about  the  FOI/PA  process?  Visit  us  at  http://www.Sbi.gov/foia Please  check  the  status  of  your  request  online  at  https://vault.Sbi.gov/fdps-­‐‑1/@@search-­‐‑fdps        Status updates  are  performed  on  a  weekly  basis. Note:    This  is  a  non-­‐‑emergency  email  address.    If  this  is  an  emergency,  please  call  911  directly.    If you  need  to  report  a  tip  for  immediate  action,  please  contact  FBI  Tips  at  http://tips.1bi.gov/  or reach  out  to  your  local  1ield  of1ice. From:  ScoR  Anderson  [mailto:SAnderson@brookings.edu]   Sent:  Monday,  April  16,  2018  4:22  PM To:  FOIPAQUESTIONS   Subject:  Issue  re:  FOIPA  Request  No.  1402478-­‐000  (FBI  Climate  Survey) Page  1  of  2 Case 1:18-cv-01174 Document 1-6 Filed 05/18/18 Page 3 of 3   Hello, I just received the attached letter finding “unusual circumstances” in regards to our FOIA request relating to the results of the 2018 climate survey, indicating one or more of the following: I am confused as to how these conditions could apply because we are asking for a single internal FBI document that has been publicly disclosed in response to similar requests in prior years. Here is the substantive portion of our FOIA request: 1. Any documents reflecting the results of Federal Bureau of Investigation (FBI) Field Office and Headquarters Climate Survey for 2018. We understand the survey was administered between February and March 2018. You have disclosed the results of Climate Surveys for prior years on https://vault.fbi.gov/. (The full URL where the results of the prior years??? Climate Surveys are made public is: https://vault.fbi.gov/FBI%20Field%20Office%20and%20Headquarters%20Climate%20Survey% 20Results/FBI%20Field%20Office%20and%20Headquarters%20Climate%20Survey%20Results%20 %282017%29/view.) We are requesting the same type of documents for the 2018 survey. Can you clarify what the issue could possibly be? We specifically drafted the request as narrowly as possible to documents that resemble prior disclosures in order to expedite it. We’re happy to appeal and pursue the other channels mentioned in the letter, but thought we’d start here. Any guidance or clarification would be appreciated. Many thanks, Scott -Scott R. Anderson David M. Rubenstein Fellow in Governance Studies, The Brookings Institution Senior Editor, Lawfare 1775 Massachusetts Ave., N.W., Washington, D.C. 20036 sanderson@brookings.edu 202-797-2480 (direct) @S_R_Anders   Page  2  of  2