Case 1:18-cv-02423 Document 1 Filed 10/23/18 Page 1 of 10

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
AMERICAN OVERSIGHT,
1030 15th Street NW, B255
Washington, DC 20005

v.
U.S. GENERAL SERVICES
ADMINISTRATION,
1800 F Street NW
Washington, DC 20405

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Plaintiff, )
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Defendant. )
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Case No. 18-cv-2423

COMPLAINT
1.

Plaintiff American Oversight brings this action against the U.S. General Services

Administration under the Freedom of Information Act, 5 U.S.C. § 552 (FOIA), and the
Declaratory Judgment Act, 28 U.S.C. §§ 2201 and 2202, seeking declaratory and injunctive
relief to compel compliance with the requirements of FOIA.
JURISDICTION AND VENUE
2.

This Court has jurisdiction over this action pursuant to 5 U.S.C. § 552(a)(4)(B)

and 28 U.S.C. §§ 1331, 2201, and 2202.
3.

Venue is proper in this district pursuant to 5 U.S.C. § 552(a)(4)(B) and 28 U.S.C.

§ 1391(e).
4.

Because Defendant has failed to comply with the applicable time-limit provisions

of FOIA, American Oversight is deemed to have exhausted its administrative remedies pursuant
to 5 U.S.C. § 552(a)(6)(C)(i) and is now entitled to judicial action enjoining the agency from

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continuing to withhold agency records and ordering the production of agency records improperly
withheld.
PARTIES
5.

Plaintiff American Oversight is a nonpartisan, non-profit section 501(c)(3)

organization primarily engaged in disseminating information to the public. American Oversight
is committed to the promotion of transparency in government, the education of the public about
government activities, and ensuring the accountability of government officials. Through research
and FOIA requests, American Oversight will use the information gathered, and its analysis of it,
to educate the public about the activities and operations of the federal government through
reports, published analyses, press releases, and other media. The organization is incorporated
under the laws of the District of Columbia.
6.

Defendant the U.S. General Services Administration (GSA) is an agency of the

federal government within the meaning of 5 U.S.C. § 552(f)(1) headquartered in Washington,
DC. GSA has possession, custody, and control of the records that American Oversight seeks.
STATEMENT OF FACTS
7.

On August 27, 2018, GSA’s Office of the Inspector General (OIG) published a

report, “Review of GSA’s Revised Plan for the Federal Bureau of Investigation Headquarters
Consolidation Project.” The report alleged that GSA Administrator Emily Murphy may have
misled Congress about the White House’s involvement in the FBI Headquarters Consolidation
project. Notably, it highlighted that the White House invoked executive privilege to prevent the
OIG—a component of GSA, an executive branch agency—from learning statements made by the
president in meetings regarding the FBI Headquarters project. In addition, recent press reporting
alleged that high-level Trump administration officials played roles in scuttling plans for

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relocating FBI Headquarters—instead prioritizing the costlier option of building a new
headquarters downtown.
8.

Documents released on October 18, 2018, by the U.S. House of Representatives

Committee on Oversight and Government Reform further demonstrate involvement of the
president himself, with emails referring to the decision as “direction from the White House,”
“what POTUS directed everyone to do,” and “the project the president wants.”
9.

American Oversight filed FOIA requests to inform the public as to whether and to

what extent the president’s personal financial interests influenced a multi-billion-dollar federal
project with national security implications.
White House Communications FOIA
10.

On August 30, 2018, American Oversight submitted a FOIA request to GSA

seeking access to the following records:
All records reflecting communications (including emails, email
attachments, text messages, voicemails, voicemail transcripts,
messages on messaging platforms (such as Slack, GChat or Google
Hangouts, Lync, Skype, WhatsApp, Facebook messaging, Twitter
Direct Messages, or Signal), telephone call logs, calendar
invitations, calendar entries, meeting notices, meeting agendas,
informational material, draft legislation, talking points, any
handwritten or electronic notes taken during any oral
communications, summaries of any oral communications, or other
materials) between or among (including those copied or blind
copied on emails) the following individuals and any person at the
White House Office (including anyone with an email address ending
in @who.eop.gov) regarding the FBI headquarters consolidation
project:
a.
b.
c.
d.

Administrator Emily Murphy
Acting Administrator Tim Horne
Chief of Staff to the Administrator
Anyone communicating on behalf of the Administrator
(including those performing duties in an acting capacity),
such as a Chief of Staff, Executive Assistant, or Secretary
e. Public Affairs Spokeswoman Pamela Dixon

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f. Public Buildings Service Commissioner Daniel Mathews
g. Former Acting Public Buildings Service Commissioner
Michael Gelber
h. Former Public Buildings Service Commissioner Norman
Dong
i. Associate Administrator and Acting Chief of Staff
P. Brennan Hart III, Office of Congressional and
Intergovernmental Affairs
11.

American Oversight further requested that GSA use the following terms to help

identify responsive records:
i.
ii.
iii.
iv.
v.
vi.
vii.
viii.
ix.
x.
xi.
xii.
xiii.
xiv.
xv.
xvi.
12.

“consolidat*”
“renovat*”
“demoli*”
“rebuild*”
“relocat*”
“Trump Hotels”
“Trump International Hotel”
TIH
“Trump Org*”
“Post Office”
OPO
Headquarters
HQ
HQS
JEH
FBI

American Oversight further stated that it was using the asterisk (*) to designate

the standard use of “wildcards” in the search for responsive records. For example, a search for
“renovat*” would return all of the following: renovate, renovates, renovated, renovation, etc.
American Oversight requested that GSA advise American Oversight if it is unable to search for
wildcards so that American Oversight could specifically include the variations that it would like
searched.
13.

American Oversight requested all responsive records from January 20, 2017,

through the date of search.

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14.

GSA assigned the White House Communications FOIA tracking number GSA-

2018-01618.
Hotel Communications FOIA
15.

On August 30, 2018, American Oversight submitted a FOIA request to GSA

seeking access to the following records:
1) All records reflecting communications (including emails, email
attachments, text messages, voicemails, voicemail transcripts,
messages on messaging platforms (such as Slack, GChat or Google
Hangouts, Lync, Skype, WhatsApp, Facebook messaging, Twitter
Direct Messages, or Signal), telephone call logs, calendar
invitations, calendar entries, meeting notices, meeting agendas,
informational material, draft legislation, talking points, any
handwritten or electronic notes taken during any oral
communications, summaries of any oral communications, or other
materials) between or among (including those copied or blind
copied on emails) GSA officials listed in Column A and Trump
Organization individuals or entities listed in Column B:
Column A:
a. Administrator Emily Murphy
b. Acting Administrator Tim Horne
c. Chief of Staff to the
Administrator
d. Anyone communicating on behalf
of the Administrator (including
those performing duties in an
acting capacity), such as a Chief
of Staff, Executive Assistant, or
Secretary
e. Public Affairs Spokeswoman
Pamela Dixon
f. Public Buildings Service
Commissioner Daniel Mathews
g. Former Acting Public Buildings
Service Commissioner Michael
Gelber
h. Former Public Buildings Service
Commissioner Norman Dong
i. Associate Administrator and
Acting Chief of Staff P. Brennan

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Column B:
Any individuals associated
with the Trump
Organization LLC or
Trump Hotels, including
but not limited to:
a. Donald “Don” Trump
Jr.
b. Eric Trump
c. Ivanka Trump
d. Jared Kushner
e. George Sorial
f. Amanda Miller
g. Alan Garten
h. Matthew Calamari
i. Lawrence Glick
j. Ron Lieberman
k. Allen Weisselberg
l. Andrew Weiss
m. Jill Martin
n. Deirdre Rosen
o. Eric “Ed” Danziger

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Hart III, Office of Congressional
and Intergovernmental Affairs

p. Anyone communicating
from an email address
ending with
@trumporg.com,
@trump.com,
@trumphotels.com,
@ijkfamily.com

2) All records reflecting communications (including emails, email
attachments, text messages, voicemails, voicemail transcripts,
messages on messaging platforms (such as Slack, GChat or Google
Hangouts, Lync, Skype, WhatsApp, Facebook messaging, Twitter
Direct Messages, or Signal), telephone call logs, calendar
invitations, calendar entries, meeting notices, meeting agendas,
informational material, draft legislation, talking points, any
handwritten or electronic notes taken during any oral
communications, summaries of any oral communications, or other
materials) with the individuals at GSA listed below containing the
search terms listed below:
a.
b.
c.
d.
e.
f.
g.
h.
i.

Administrator Emily Murphy
Acting Administrator Tim Horne
Chief of Staff to the Administrator
Anyone communicating on behalf of the Administrator
(including those performing duties in an acting capacity),
such as a Chief of Staff, Executive Assistant, or Secretary
Public Affairs Spokeswoman Pamela Dixon
Public Buildings Service Commissioner Daniel Mathews
Former Acting Public Buildings Service Commissioner
Michael Gelber
Former Public Buildings Service Commissioner Norman
Dong
Associate Administrator and Acting Chief of Staff
P. Brennan Hart III, Office of Congressional and
Intergovernmental Affairs

For this portion of the request, communications containing at least
one search term from Column A and at least one search term from
Column B are considered responsive:
i.
ii.
iii.
iv.

Column A
“Trump Hotel*”
“Trump International Hotel”
TIH
“Trump Org*”

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i.
ii.
iii.
iv.

Column B
FBI
HQ
HQS
HQs

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v.
vi.

16.

“Post Office”
OPO

v.
vi.
vii.
viii.
ix.
x.
xi.
xii.

Headquarters
JEH
Hoover
consolidat*
renovat*
demoli*
rebuild*
relocat*

American Oversight further stated that it was using the asterisk (*) to designate

the standard use of “wildcards” in the search for responsive records. For example, a search for
“Org*” would return all of the following: Org, Organization, Organize, Organized, Organizes,
Organizing, etc. American Oversight requested that GSA advise American Oversight if it is
unable to search for wildcards so that American Oversight could specifically include the
variations that it would like searched.
17.

American Oversight requested all responsive records from January 20, 2017,

through the date of search for both parts of the Hotel Communications FOIA.
18.

GSA assigned the Hotel Communications FOIA tracking number GSA-2018-

01619.
Exhaustion of Administrative Remedies
19.

As of the date of this complaint, GSA has failed to (a) notify American Oversight

of any determination regarding its FOIA requests, including the scope of any responsive records
GSA intends to produce or withhold and the reasons for any withholdings; or (b) produce the
requested records or demonstrate that the requested records are lawfully exempt from
production.

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20.

Through GSA’s failure to respond to American Oversight’s FOIA requests within

the time period required by law, American Oversight has constructively exhausted its
administrative remedies and seeks immediate judicial review.
COUNT I
Violation of FOIA, 5 U.S.C. § 552
Failure to Conduct Adequate Searches for Responsive Records
21.

American Oversight repeats the allegations in the foregoing paragraphs and

incorporates them as though fully set forth herein.
22.

American Oversight properly requested records within the possession, custody,

and control of GSA.
23.

GSA is an agency subject to FOIA, and it must therefore make reasonable efforts

to search for requested records.
24.

GSA has failed to promptly review agency records for the purpose of locating

those records that are responsive to American Oversight’s FOIA requests.
25.

GSA’s failure to conduct an adequate search for responsive records violates FOIA

and GSA regulations.
26.

Plaintiff American Oversight is therefore entitled to injunctive and declaratory

relief requiring Defendant to promptly make reasonable efforts to search for records responsive
to American Oversight’s FOIA requests.
COUNT II
Violation of FOIA, 5 U.S.C. § 552
Wrongful Withholding of Non-Exempt Responsive Records
27.

American Oversight repeats the allegations in the foregoing paragraphs and

incorporates them as though fully set forth herein.

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28.

American Oversight properly requested records within the possession, custody,

and control of GSA.
29.

GSA is an agency subject to FOIA, and it must therefore release in response to a

FOIA request any non-exempt records and provide a lawful reason for withholding any
materials.
30.

GSA is wrongfully withholding non-exempt agency records requested by

American Oversight by failing to produce non-exempt records responsive to its FOIA requests.
31.

GSA is wrongfully withholding non-exempt agency records requested by

American Oversight by failing to segregate exempt information in otherwise non-exempt records
responsive to American Oversight’s FOIA requests.
32.

GSA’s failure to provide all non-exempt responsive records violates FOIA and

GSA regulations.
33.

Plaintiff American Oversight is therefore entitled to declaratory and injunctive

relief requiring Defendant to promptly produce all non-exempt records responsive to its FOIA
requests and provide indexes justifying the withholding of any responsive records withheld under
claim of exemption.
REQUESTED RELIEF
WHEREFORE, American Oversight respectfully requests the Court to:
(1) Order Defendant to conduct a search or searches reasonably calculated to uncover all
records responsive to American Oversight’s FOIA requests;
(2) Order Defendant to produce, within twenty days of the Court’s order, or by such other
date as the Court deems appropriate, any and all non-exempt records responsive to

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American Oversight’s FOIA requests and indexes justifying the withholding of any
responsive records withheld under claim of exemption;
(3) Enjoin Defendant from continuing to withhold any and all non-exempt records
responsive to American Oversight’s FOIA requests;
(4) Award American Oversight the costs of this proceeding, including reasonable
attorneys’ fees and other litigation costs reasonably incurred in this action, pursuant
to 5 U.S.C. § 552(a)(4)(E); and
(5) Grant American Oversight such other relief as the Court deems just and proper.

Dated: October 23, 2018

Respectfully submitted,
/s/ Cerissa Cafasso
Cerissa Cafasso
D.C. Bar No. 1011003
/s/ Austin R. Evers
Austin R. Evers
D.C. Bar No. 1006999
AMERICAN OVERSIGHT
1030 15th Street NW, B255
Washington, DC 20005
(202) 869-5244
cerissa.cafasso@americanoversight.org
austin.evers@americanoversight.org
Counsel for Plaintiff

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