VIA ELECTRONIC MAIL

September 20, 2019

U.S. Department of State
Office of Information Programs and Services
A/GIS/IPS/RL
SA-2, Suite 8100
Washington, DC 20522-0208
FOIArequest@state.gov
Re: Request for Expedited Processing of Freedom of Information Act Requests
Dear Freedom of Information Officer:
Pursuant to the Freedom of Information Act (FOIA), 5 U.S.C. § 552, and the implementing regulations of
the Department of State (State), 22 C.F.R. Part 171, American Oversight makes the following request that
five FOIA requests American Oversight previously submitted be processed on an expedited basis in light
of recent developments that have created an urgency to inform the public about matters of great public
concern.
American Oversight’s requests seek records with the potential to shed light on the efforts of President
Trump, his personal attorney, and his administration to encourage an investigation of a potential
political opponent. As voting in the primaries of the 2020 presidential election commences in less than 5
months, there is an urgent need to inform the public about the administration’s actions on this matter,
and the records requested by American Oversight plainly have the potential to provide the needed
information.
American Oversight’s Open FOIA Requests
May 21, 2019 Requests
On May 21, 2019, American Oversight submitted two FOIA requests that followed reports that
President Trump’s personal lawyer, Rudolph Giuliani, planned to travel to Ukraine to meet with the
country’s president-elect to urge the Ukrainian government to pursue an investigation related to the son
of former Vice President Biden—a potential electoral opponent of the president. 1 Mr. Giuliani,
reportedly aided by the president’s former attorneys Victoria Toensing and Joseph E. diGenova,
defended his planned trip by stating that “[w]e’re not meddling in an election, we’re meddling in an
investigation.”2 Those requests sought, broadly speaking records reflecting communications between
the president’s personal lawyers and State officials, records reflecting communications concerning any
effort to encourage the Ukrainian government to investigate the Biden family, and communications with
or about former U.S. Ambassador to Ukraine Marie Yovanovitch, who was recalled from Ukraine around
the time Mr. Giuliani’s efforts to pressure the Ukrainian government to investigate one of the president’s

Kenneth P. Vogel, Rudy Giuliani Plans Ukraine Trip to Push for Inquiries That Could Help Trump, N.Y.
TIMES, May 9, 2019, https://www.nytimes.com/2019/05/09/us/politics/giuliani-ukraine-trump.html.
2 Id.
1

1030 15th Street NW, Suite B255, Washington, DC 20005   AmericanOversight.org

 political opponents were publicly reported.3 State acknowledged these requests by letters dated July 25,
2019 and assigned them tracking numbers F-2019-06331 and F-2019-06332.
August 23, 2019 and September 11, 2019 Requests
Following reports that U.S. Special Representative to Ukraine Kurt D. Volker helped to arrange talks
between the president’s personal lawyer—Mr. Giuliani—and Ukrainian officials, 4 American Oversight
submitted a further request to State on August 23, 2019 seeking, broadly speaking, records reflecting
Mr. Volker’s communications with the president’s personal lawyers or concerning any efforts to
persuade the Ukrainian government to investigate one of the president’s potential political opponents.
American Oversight has not received a tracking number or acknowledgement letter to the August 23,
2019 request. It is attached as Exhibit A.
And, on September 11, 2019, in light of further reports that the meeting arranged by Mr. Volker between
Mr. Giuiliani and Ukrainian officials shortly followed the president’s July 25, 2019 call with Ukrainian
President Zelensky—in which the president reportedly asked Ukraine to investigate “corruption” 5—
American Oversight submitted two FOIA requests. One request sought Mr. Volker’s recent calendars,
and the other sought emails sent by key State officials during the relevant time period containing key
terms that may relate to the efforts of the president and his personal lawyers to encourage the Ukrainian
government to investigate a potential electoral opponent of the president. American Oversight has not
received a tracking number or acknowledgement letter for either of the September 11, 2019 requests.
They are attached as Exhibits B & C.
American Oversight Requests Expedited Processing the Above-Described FOIA Requests
Pursuant to 5 U.S.C. § 552(a)(6)(E)(1) and 22 C.F.R. § 171.11(f)(2), American Oversight requests that
your agency expedite the processing of the above requests.
I certify to be true and correct to the best of my knowledge and belief that there is a compelling need for
expedited processing of the above requests because the information requested is urgently needed in
order to inform the public concerning actual or alleged government activity and American Oversight is
primarily engaged in disseminating the information it received from public records requests to the
public. 22 C.F.R. § 171.11(f)(2).
Recent reporting demonstrates that there is clearly an urgent need to inform the public regarding the
matters that are the subject of American Oversight’s FOIA requests. First, since American Oversight’s
initial requests in May 2019, the time period before voting commences in the 2020 presidential election
has further diminished. Voting in the presidential primary elections is now scheduled to commence in
Robbie Gramer & Amy MacKinnon, U.S. Ambassador to Ukraine Recalled in ‘Political Hit Job,’ Lawmakers
Say, FOREIGN POLICY (May 7, 2019, 12:09 PM), https://foreignpolicy.com/2019/05/07/us-ambassadorto-ukraine-recalled-in-political-hit-job-lawmakers-say-marie-yovanovitch-lutsenko-right-wing-mediaaccusations-congress-diplomats-diplomacy/; Letter from Sen. Chris Murphy to Sen. Jim Risch, Chairman,
Comm. on Foreign Relations, May 10, 2019, https://www.murphy.senate.gov/download/ukrainegiuliani-letter.
4 Kenneth P. Vogel (@kenvogel), TWITTER (Aug. 22, 2019, 6:30 PM),
https://twitter.com/kenvogel/status/1164666081501470727?s=20.
5 Letter from Chairs Rep. Engel, Rep. Schiff, & Rep. Cummings, U.S. House of Representatives Committees
on Foreign Affairs, Intelligence, and Oversight and Reform, to Michael Pompeo, Secretary, U.S. Dep’t of
State, Sep. 9, 2019, https://www.politico.com/f/?id=0000016d-16fe-d466-a36d-d6ff7a9c0000.
3

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STATE-19-624, 625, 1062, 1154, 1155

 less than five months, on February 3, 2020, and voting in the general election will start in just over a
year.6 Second, factual developments in the last week have raised concerns that the president and his
private attorney, Mr. Giuliani, may be continuing or intensifying their efforts to use the authority and
resources of the federal government to pressure the Ukrainian government to undertake an investigation
of presidential candidate Joe Biden and his family. There is widespread public concern that a
whistleblower complaint within the intelligence community relates to the president’s efforts to pressure
the Ukrainian government to conduct an investigation of a political opponent for the president’s
electoral benefit.7 Mr. Giuliani, the president’s personal lawyer, has again confirmed that he has
endeavored to pressure Ukrainian authorities to begin an investigation. 8
American Oversight’s requests for communications with and about the president’s personal lawyers and
any effort to pressure Ukraine to undertake an investigation of the president’s potential political
opponent, as well as American Oversight’s requests for information about top State officials involved in
Ukraine policy (Ambassadors Volker and Yovanovitch), seek information that can shed light on whether
and to what extent State and the Trump administration are attempting to use government resources to
pressure a foreign nation to undertake actions designed to threaten, weaken, or otherwise target the
president’s political opponents for the purpose of giving him an electoral advantage. The public urgently
needs the information American Oversight has requested before voting in the 2020 presidential election,
including before voting in the primaries of that election. The public has a right to know if the president’s
administration’s has inappropriately used government power to gain electoral advantage against an
opponent through pressure on a foreign nation.
I further certify that American Oversight is primarily engaged in disseminating information to the public.
American Oversight’s mission is to promote transparency in government, to educate the public about
government activities, and to ensure the accountability of government officials. Similar to other
organizations that have been found to satisfy the criteria necessary to qualify for expedition, 9 American
Oversight “‘gathers information of potential interest to a segment of the public, uses its editorial skills to
turn the raw material into a distinct work, and distributes that work to an audience.’” 10 American
Oversight uses the information gathered, and its analysis of it, to educate the public through reports,
press releases, and other media. American Oversight also makes materials it gathers available on its
public website and promotes their availability on social media platforms, such as Facebook and

Catherine Kim, The 2020 Election Calendar, VOX (Sept. 12, 2019, 11:56 PM),
https://www.vox.com/2019/6/26/18693259/2020-presidential-election-calendar-primaries.
7 See, e.g., John Wagner, Trump Declines to Say Whether He Discussed Joe Biden in Call with Ukrainian
President, WASH. POST (Sept. 20, 2019, 12:27 PM), https://www.washingtonpost.com/politics/trumpissues-fresh-denial-of-a-dicey-conversation-with-a-foreign-leader/2019/09/20/00da79dc-dba3-11e9a688-303693fb4b0b_story.html; Phil Helsel, Whistleblower Complaint About Trump Involves Ukraine,
Report Says, NBC News (Sept. 19, 2019, 9:54 PM), https://www.nbcnews.com/politics/whitehouse/whisteblower-complaint-about-trump-involves-ukraine-report-says-n1056751.
8 Robert Legare, Rudy Giuiliani Says He Didn’t Ask Ukraine to Investigate Biden—And Then Says He Did,
CBS News (Sept. 20, 2019, 10:31 AM) https://www.cbsnews.com/news/rudy-giuliani-chris6

cuomo-interview-did-not-ask-ukraine-to-investigate-biden-and-then-says-he-did-cnnappearance/.

See ACLU v. U.S. Dep’t of Justice, 321 F. Supp. 2d 24, 30–31 (D.D.C. 2004); EPIC v. Dep’t of Defense, 241 F.
Supp. 2d 5, 15 (D.D.C. 2003).
10 ACLU, 321 F. Supp. 2d at 29 n.5 (quoting EPIC, 241 F. Supp. 2d at 11).
9

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 Twitter.11 As discussed previously, American Oversight has demonstrated its commitment to the public
disclosure of documents and creation of editorial content. 12
American Oversight’s FOIA requests satisfy the criteria for expedited processing.
Please contact Dan McGrath at foia@americanoversight.org or 202.897.4213 to discuss this request for
expedited processing. Also, if American Oversight’s request for a fee waiver is not granted in full, please
contact us immediately upon making such a determination.
Sincerely,

Melanie Sloan
Senior Advisor
American Oversight

American Oversight currently has approximately 12,300 page likes on Facebook and 54,500 followers
on Twitter. American Oversight, FACEBOOK, https://www.facebook.com/weareoversight
(last visited Sept. 20, 2019); American Oversight (@weareoversight), TWITTER,
https://twitter.com/weareoversight (last visited Sept. 20, 2019).
12 See generally News, AMERICAN OVERSIGHT, https://www.americanoversight.org/blog; see, e.g., DOJ Civil
Division Response Noel Francisco Compliance, AMERICAN OVERSIGHT,
https://www.americanoversight.org/document/doj-civil-division-response-noel-francisco-compliance;
Francisco & the Travel Ban: What We Learned from the DOJ Documents, AMERICAN OVERSIGHT,
https://www.americanoversight.org/francisco-the-travel-ban-what-we-learned-from-the-dojdocuments; Audit the Wall, AMERICAN OVERSIGHT,
https://www.americanoversight.org/investigation/audit-the-wall; Border Wall Investigation Report: No
Plans, No Funding, No Timeline, No Wall, AMERICAN OVERSIGHT,
https://www.americanoversight.org/border-wall-investigation-report-no-plans-no-funding-notimeline-no-wall; Documents Reveal Ben Carson Jr.’s Attempts to Use His Influence at HUD to Help His
Business, AMERICAN OVERSIGHT, https://www.americanoversight.org/documents-reveal-ben-carson-jr-sattempts-to-use-his-influence-at-hud-to-help-his-business; Investigating the Trump Administration’s
Efforts to Sell Nuclear Technology to Saudi Arabia, AMERICAN OVERSIGHT,
https://www.americanoversight.org/investigating-the-trump-administrations-efforts-to-sell-nucleartechnology-to-saudi-arabia; Sessions’ Letter Shows DOJ Acted On Trump’s Authoritarian Demand to
Investigate Clinton, AMERICAN OVERSIGHT, https://www.americanoversight.org/sessions-letter.
11

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 EXHIBIT A

VIA ELECTRONIC MAIL

August 23, 2019

U.S. Department of State
Office of Information Programs and Services
A/GIS/IPS/RL
SA-2, Suite 8100
Washington, DC 20522-0208
FOIArequest@state.gov
Re: Freedom of Information Act Request
Dear Freedom of Information Officer:
Pursuant to the Freedom of Information Act (FOIA), 5 U.S.C. § 552, and the implementing
regulations of the Department of State (State), 22 C.F.R. Part 171, American Oversight makes the
following request for records.
On May 9, 2019, President Trump’s personal lawyer, Rudolph Giuliani, announced that he would
travel to Ukraine to meet with the country’s president-elect to urge the Ukrainian government to
pursue an investigation related to the son of former Vice President Biden—a potential electoral
opponent of the president.1 Mr. Giuliani, reportedly aided by the president’s former attorneys
Victoria Toensing and Joseph E. diGenova, defended his planned trip by stating that “[w]e’re not
meddling in an election, we’re meddling in an investigation.”2 After facing widespread criticism for
this effort to influence a foreign government’s law enforcement efforts for political gain, Mr.
Giuliani canceled his trip to Ukraine.3
It is more troubling that, shortly before Mr. Giuliani announced his plan to attempt to “meddl[e]”
in a Ukrainian investigation related to one of the president’s potential political opponents, State
recalled U.S. Ambassador to Ukraine Marie Yovanovitch, a career foreign service officer who has
served under Democratic and Republican presidents.4 Ambassador Yovanovitch had faced criticism

Kenneth P. Vogel, Rudy Giuliani Plans Ukraine Trip to Push for Inquiries That Could Help Trump, N.Y.
TIMES, May 9, 2019, https://www.nytimes.com/2019/05/09/us/politics/giuliani-ukrainetrump.html.
2 Id.
3 Kenneth P. Vogel, Rudy Giuliani Cancels His Trip to Ukraine, Blaming Democrats’ ‘Spin,’ N.Y. TIMES, May
11, 2019, https://www.nytimes.com/2019/05/11/us/politics/rudy-giuliani-ukraine.html.
4 Robbie Grammer & Amy MacKinnon, U.S. Ambassador to Ukraine Recalled in ‘Political Hit Job,’
Lawmakers Say, FOREIGN POLICY (May 7, 2019, 12:09 PM),
https://foreignpolicy.com/2019/05/07/us-ambassador-to-ukraine-recalled-in-political-hit-job1

1030 15th Street NW, Suite B255, Washington, DC 20005   AmericanOversight.org

 from conservative media for purportedly criticizing the president in private conversations.5 Senator
Chris Murphy has, further, expressed concern that Ambassador Yovanovitch’s recall may be related
to Mr. Giuliani’s efforts to influence Ukrainian investigations.6
Recent reports suggest that Mr. Giuliani engaged a State Department official—U.S. Special
Representative for Ukraine Negotiations Kurt D. Volker—in his efforts.7 The State Department has
acknowledged that Mr. Volker helped arrange talks between Mr. Giuliani and a Ukrainian official.8
American Oversight seeks records with the potential to shed light on whether and to what extent
the political interests of the president have influenced State Department policies and actions in
Ukraine, including actions related to the efforts of the president’s personal attorney to persuade the
Ukrainian government to conduct an investigation connected to a potential political opponent of
the president.
Requested Records
American Oversight requests that State produce the following records within twenty business days:
1. All records reflecting communications (including emails, email attachments, text
messages, messages on messaging platforms (such as Slack, GChat or Google Hangouts,
Lync, Skype, or WhatsApp), 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 (1) U.S. Special
Representative for Ukraine Negotiations Kurt D. Volker, or anyone serving as a Chief of
Staff, deputy, confidential assistant, or executive assistant to Mr. Volker, and
(2) Rudolph Giuliani, Victoria Toensing, or Joseph diGenova.
2. All records reflecting communications (including emails, email attachments, text
messages, messages on messaging platforms (such as Slack, GChat or Google Hangouts,
Lync, Skype, or WhatsApp), telephone call logs, calendar invitations, calendar entries,
meeting notices, meeting agendas, informational material, draft legislation, talking
lawmakers-say-marie-yovanovitch-lutsenko-right-wing-media-accusations-congress-diplomatsdiplomacy/.
5 Id.
6 Letter from Sen. Chris Murphy to Sen. Jim Risch, Chairman, Comm. on Foreign Relations,
May 10, 2019, https://www.murphy.senate.gov/download/ukraine-giuliani-letter.
7 Kenneth P. Vogel & Andrew E. Kramer, Giuliani Renews Push for Ukraine to Investigate Trump’s
Political Opponents, N.Y. TIMES, Aug. 21, 2019,
https://www.nytimes.com/2019/08/21/us/politics/giuliani-ukraine.html?smid=nytcore-ios-share.
8 Kenneth P. Vogel (@kenvogel), TWITTER (Aug. 22, 2019, 6:30 PM),
https://twitter.com/kenvogel/status/1164666081501470727?s=20.

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 points, any handwritten or electronic notes taken during any oral communications,
summaries of any oral communications, or other materials) of the U.S. Special
Representative for Ukraine Negotiations Kurt D. Volker, or anyone serving as a Chief of
Staff or deputy to Mr. Volker regarding (1) any plan by Rudolph Giuliani, Victoria
Toensing, and/or Joseph diGenova to travel to Ukraine or to communicate with
Ukrainian government officials or future Ukrainian government officials or (2) any
other effort to encourage the Ukrainian government to investigate any matter related to
former Vice President Joseph Biden or his son Hunter Biden.
Please provide all responsive records from March 1, 2019, through the date the search is
conducted.
In addition to the records requested above, American Oversight also requests records describing the
processing of this request, including records sufficient to identify search terms used and locations
and custodians searched and any tracking sheets used to track the processing of this request. If
State uses FOIA questionnaires or certifications completed by individual custodians or components
to determine whether they possess responsive materials or to describe how they conducted
searches, we also request any such records prepared in connection with the processing of this
request.
American Oversight seeks all responsive records regardless of format, medium, or physical
characteristics. In conducting your search, please understand the terms “record,” “document,” and
“information” in their broadest sense, to include any written, typed, recorded, graphic, printed, or
audio material of any kind. We seek records of any kind, including electronic records, audiotapes,
videotapes, and photographs, as well as letters, emails, facsimiles, telephone messages, voice mail
messages and transcripts, notes, or minutes of any meetings, telephone conversations or
discussions. Our request includes any attachments to these records. No category of material
should be omitted from search, collection, and production.
Please search all records regarding agency business. You may not exclude searches of files or
emails in the personal custody of your officials, such as personal email accounts. Records of
official business conducted using unofficial systems or stored outside of official files are subject to
the Federal Records Act and FOIA.9 It is not adequate to rely on policies and procedures that
require officials to move such information to official systems within a certain period of time;
American Oversight has a right to records contained in those files even if material has not
yet been moved to official systems or if officials have, through negligence or willfulness,
failed to meet their obligations.10
See Competitive Enter. Inst. v. Office of Sci. & Tech. Policy, 827 F.3d 145, 149–50 (D.C. Cir. 2016); cf.
Judicial Watch, Inc. v. Kerry, 844 F.3d 952, 955–56 (D.C. Cir. 2016).
10 See Competitive Enter. Inst. v. Office of Sci. & Tech. Policy, No. 14-cv-765, slip op. at 8 (D.D.C. Dec. 12,
2016) (“The Government argues that because the agency had a policy requiring [the official] to
forward all of his emails from his [personal] account to his business email, the [personal] account
9

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 In addition, please note that in conducting a “reasonable search” as required by law, you must
employ the most up-to-date technologies and tools available, in addition to searches by individual
custodians likely to have responsive information. Recent technology may have rendered State’s
prior FOIA practices unreasonable. In light of the government-wide requirements to manage
information electronically by the end of 2016, it is no longer reasonable to rely exclusively
on custodian-driven searches.11 Furthermore, agencies that have adopted the National
Archives and Records Administration (NARA) Capstone program, or similar policies, now
maintain emails in a form that is reasonably likely to be more complete than individual
custodians’ files. For example, a custodian may have deleted a responsive email from his or her
email program, but State’s archiving tools would capture that email under Capstone. Accordingly,
American Oversight insists that State use the most up-to-date technologies to search for responsive
information and take steps to ensure that the most complete repositories of information are
searched. American Oversight is available to work with you to craft appropriate search terms.
However, custodian searches are still required; agencies may not have direct access to files
stored in .PST files, outside of network drives, in paper format, or in personal email
accounts.
Under the FOIA Improvement Act of 2016, agencies must adopt a presumption of disclosure,
withholding information “only if . . . disclosure would harm an interest protected by an exemption”
or “disclosure is prohibited by law.”12 If it is your position that any portion of the requested records
is exempt from disclosure, American Oversight requests that you provide an index of those
documents as required under Vaughn v. Rosen, 484 F.2d 820 (D.C. Cir. 1973), cert. denied, 415 U.S.
977 (1974). As you are aware, a Vaughn index must describe each document claimed as exempt
with sufficient specificity “to permit a reasoned judgment as to whether the material is actually
exempt under FOIA.”13 Moreover, the Vaughn index “must describe each document or portion
thereof withheld, and for each withholding it must discuss the consequences of disclosing the
sought-after information.”14 Further, “the withholding agency must supply ‘a relatively detailed
only contains duplicate agency records at best. Therefore, the Government claims that any
hypothetical deletion of the [personal account] emails would still leave a copy of those records
intact in [the official’s] work email. However, policies are rarely followed to perfection by anyone.
At this stage of the case, the Court cannot assume that each and every work related email in the
[personal] account was duplicated in [the official’s] work email account.” (citations omitted)).
11 Presidential Memorandum—Managing Government Records, 76 Fed. Reg. 75,423 (Nov. 28,
2011), https://obamawhitehouse.archives.gov/the-press-office/2011/11/28/presidentialmemorandum-managing-government-records; Office of Mgmt. & Budget, Exec. Office of the
President, Memorandum for the Heads of Executive Departments & Independent Agencies,
“Managing Government Records Directive,” M-12-18 (Aug. 24, 2012),
https://www.archives.gov/files/records-mgmt/m-12-18.pdf.
12 FOIA Improvement Act of 2016 § 2 (Pub. L. No. 114–185).
13 Founding Church of Scientology v. Bell, 603 F.2d 945, 949 (D.C. Cir. 1979).
14 King v. U.S. Dep’t of Justice, 830 F.2d 210, 223–24 (D.C. Cir. 1987) (emphases in original).

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 justification, specifically 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.’”15
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. 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.16 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 specifically
that it is not reasonable to segregate portions of the record for release.
You should institute a preservation hold on information responsive to this request. American
Oversight intends to pursue all legal avenues to enforce its right of access under FOIA, including
litigation if necessary. Accordingly, State is on notice that litigation is reasonably foreseeable.
To ensure that this request is properly construed, that searches are conducted in an adequate but
efficient manner, and that extraneous costs are not incurred, American Oversight welcomes an
opportunity to discuss its request with you before you undertake your search or incur search or
duplication costs. By working together at the outset, American Oversight and State can decrease the
likelihood of costly and time-consuming litigation in the future.
Where possible, please provide responsive material in electronic format by email or in PDF or TIF
format on a USB drive. Please send any responsive material being sent by mail to American
Oversight, 1030 15th Street NW, Suite B255, Washington, DC 20005. If it will accelerate release of
responsive records to American Oversight, please also provide responsive material on a rolling
basis.
Fee Waiver Request
In accordance with 5 U.S.C. § 552(a)(4)(A)(iii) and 22 C.F.R. § 171.16(a), American Oversight
requests a waiver of fees associated with processing this request for records. First, the subject of
this request concerns the operations of the federal government, and the disclosures will likely
contribute to a better understanding of relevant government procedures by the general public in a
significant way.17 Second, the request is primarily and fundamentally for non-commercial
purposes.18

Id. at 224 (citing Mead Data Central, Inc. v. U.S. Dep’t of the Air Force, 566 F.2d 242, 251 (D.C. Cir.
1977)).
16 Mead Data Central, 566 F.2d at 261.
17 22 C.F.R. § 171.16(a)(1).
18 22 C.F.R. § 171.16(a)(2).
15

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 Under the public interest requirement, FOIA requesters must satisfy four factors.19 American
Oversight has met these four factors for the reasons set forth below. The subject matter of the
requested records specifically relates to the operations or activities of the government, including
communications surrounding an effort by the personal attorney to the president to persuade the
Ukrainian government to investigate a family member of one of the president’s potential political
opponents just after the chief U.S. diplomat to Ukraine was recalled.20 There is significant public
interest in understanding whether and to what extent the perceived political interests of the
president are influencing U.S. foreign policy toward Ukraine, including whether a career diplomat
was displaced in connection with an effort to use the president’s private attorney to lobby
Ukrainian officials.21 The subject of this request is a matter of public interest, and the public’s
understanding of the government’s activities and use of resources would be enhanced through
American Oversight’s analysis and publication of these records.
Increasing the likelihood that disclosure of these records will contribute significantly to public
understanding, American Oversight’s objective is to reveal to the public at large any information it
receives related to this FOIA request, and little information is currently available regarding the
subject matter of this request—specifically, whether high-ranking State officials have coordinated
with political allies of the president to displace a career diplomat in Ukraine for a perceived lack of
political loyalty in conjunction with the efforts of the president’s attorney to pressure the Ukrainian
government to undertake investigations to benefit the president’s perceived political interests.22
American Oversight has the capacity to disseminate this information as it posts all records to its
public websites and publishes analyses of its records. In the past, the organization has successfully
informed the public of specific government activities and operations. As an example, American
Oversight obtained Education Secretary DeVos’s calendar entries, which revealed Secretary DeVos’s
frequent absences from office and the influence of charter schools and for-profit colleges on the
Education Department.23 The New York Times and CNN relied on American Oversight’s analyses to
report on Secretary DeVos’s priorities within the Department of Education.24
D.C. Technical Assistance Org. Inc. v. U.S. Dep’t of Hous. and Urban Dev. (D.C. Technical Assistance), 85
F.Supp.2d 46, 48–49 (D.D.C. 2000) (requested documents will contribute to “greater
understanding of government activities”).
20 See Vogel supra note 1; Vogel supra note 3; Grammer & Mackinnon supra note 4.
21 See Letter from Sen. Murphy, supra note 6.
22 See Vogel supra note 1; Vogel supra note 3; Grammer & Mackinnon supra note 4.
23 See Influence & Access at the Department of Education, AMERICAN OVERSIGHT (Oct. 27, 2017),
https://www.americanoversight.org/investigation/influence-access-at-the-department-of-education;
Unexcused Absences: DeVos Calendars Show Frequent Days Off, AMERICAN OVERSIGHT (Oct. 27, 2017),
https://www.americanoversight.org/unexcused-absences-devos.
24 Eric Lipton, Betsy DeVos’s School Schedule Shows Focus on Religious and Nontraditional Schools, N.Y.
TIMES, Oct. 27, 2017, https://www.nytimes.com/2017/10/27/us/politics/betsy-devos-workschedule-education.html; Gregory Wallace et. al., What Betsy DeVos’s Schedule Tells Us About Her
Agenda, CNN (Oct. 29, 2017, 12:22 PM), http://www.cnn.com/2017/10/28/politics/devosschedules-education/index.html.
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STATE-19-1062

 American Oversight’s request is also primarily and fundamentally for non-commercial purposes.25
As a 501(c)(3) nonprofit, American Oversight does not have a commercial purpose and the release
of the information requested is not in American Oversight’s financial interest. American
Oversight’s mission is to promote transparency in government, to educate the public about
government activities, and to ensure the accountability of government officials. American Oversight
uses the information gathered, and its analysis of it, to educate the public through reports, press
releases, or other media. American Oversight also makes materials it gathers available on our public
website and promotes their availability on social media platforms, such as Facebook and Twitter. 26
American Oversight has demonstrated its commitment to the public disclosure of documents and
creation of editorial content. For example, after receiving records regarding an ethics waiver
received by a senior DOJ attorney, American Oversight promptly posted the records to its website27
and published an analysis of what the records reflected about DOJ’s process for ethics waivers.28 As
an additional example, American Oversight has a project called “Audit the Wall,” where the
organization is gathering and analyzing information and commenting on public releases of
information related to the administration’s proposed construction of a barrier along the U.S.Mexico border.29
Accordingly, American Oversight qualifies for a fee waiver.
Conclusion
We share a common mission to promote transparency in government. American Oversight looks
forward to working with State on this request. If you do not understand any part of this request,
have any questions, or foresee any problems in fully releasing the requested records, please contact
Dan McGrath at foia@americanoversight.org or 202.897.4213. Also, if American Oversight’s

22 C.F.R. § 171.16(a)(2)(i)-(iii).
American Oversight currently has approximately 12,300 page likes on Facebook and 54,200
followers on Twitter. American Oversight, FACEBOOK, https://www.facebook.com/weareoversight
(last visited May 20, 2019); American Oversight (@weareoversight), TWITTER,
https://twitter.com/weareoversight (last visited May 20, 2019).
27 DOJ Records Relating to Solicitor General Noel Francisco’s Recusal, AMERICAN OVERSIGHT,
https://www.americanoversight.org/document/doj-civil-division-response-noel-franciscocompliance.
28 Francisco & the Travel Ban: What We Learned from the DOJ Documents, AMERICAN OVERSIGHT,
https://www.americanoversight.org/francisco-the-travel-ban-what-we-learned-from-the-dojdocuments.
29 Audit the Wall, AMERICAN OVERSIGHT, https://www.americanoversight.org/investigation/auditthe-wall.
25
26

7

STATE-19-1062

 request for a fee waiver is not granted in full, please contact us immediately upon making such a
determination.
Sincerely,

Melanie Sloan
Senior Advisor
American Oversight

8

STATE-19-1062

 EXHIBIT 

VIA ELECTRONIC MAIL

September 11, 2019

U.S. Department of State
Office of Information Programs and Services
A/GIS/IPS/RL
SA-2, Suite 8100
Washington, DC 20522-0208
FOIArequest@state.gov
Re: Freedom of Information Act Request
Dear Freedom of Information Officer:
Pursuant to the Freedom of Information Act (FOIA), 5 U.S.C. § 552, and the implementing
regulations of the Department of State (State), 22 C.F.R. Part 171, American Oversight makes the
following request for records.
On May 9, 2019, President Trump’s personal lawyer, Rudolph Giuliani, announced that he would
travel to Ukraine to meet with the country’s president-elect to urge the Ukrainian government to
pursue an investigation related to the son of former Vice President Biden—a potential electoral
opponent of the president.1 Mr. Giuliani, reportedly aided by the president’s former attorneys
Victoria Toensing and Joseph E. diGenova, defended his planned trip by stating that “[w]e’re not
meddling in an election, we’re meddling in an investigation.”2 After facing widespread criticism for
this effort to influence a foreign government’s law enforcement efforts for political gain, Mr.
Giuliani canceled his trip to Ukraine.3
It is more troubling that, shortly before Mr. Giuliani announced his plan to attempt to “meddl[e]”
in a Ukrainian investigation related to one of the president’s potential political opponents, State
recalled U.S. Ambassador to Ukraine Marie Yovanovitch, a career foreign service officer who has
served under Democratic and Republican presidents.4 Ambassador Yovanovitch had faced criticism

Kenneth P. Vogel, Rudy Giuliani Plans Ukraine Trip to Push for Inquiries That Could Help Trump, N.Y.
TIMES, May 9, 2019, https://www.nytimes.com/2019/05/09/us/politics/giuliani-ukrainetrump.html.
2 Id.
3 Kenneth P. Vogel, Rudy Giuliani Cancels His Trip to Ukraine, Blaming Democrats’ ‘Spin,’ N.Y. TIMES, May
11, 2019, https://www.nytimes.com/2019/05/11/us/politics/rudy-giuliani-ukraine.html.
4 Robbie Gramer & Amy MacKinnon, U.S. Ambassador to Ukraine Recalled in ‘Political Hit Job,’
Lawmakers Say, FOREIGN POLICY (May 7, 2019, 12:09 PM),
https://foreignpolicy.com/2019/05/07/us-ambassador-to-ukraine-recalled-in-political-hit-job1

1030 15th Street NW, Suite B255, Washington, DC 20005   AmericanOversight.org

 from conservative media for purportedly criticizing the president in private conversations.5 Senator
Chris Murphy has, further, expressed concern that Ambassador Yovanovitch’s recall may be related
to Mr. Giuliani’s efforts to influence Ukrainian investigations.6
Recent reports suggest that Mr. Giuliani engaged a State Department official—U.S. Special
Representative for Ukraine Negotiations Kurt D. Volker—in his efforts.7 The State Department has
acknowledged that Mr. Volker helped arrange talks between Mr. Giuliani and a Ukrainian official.8
Reports also indicate that this meeting occurred shortly after the president’s July 25, 2019, call with
Ukraine’s president, in which President Trump reportedly asked Ukraine’s government to prioritize
“corruption” investigations.9
American Oversight seeks records with the potential to shed light on whether and to what extent
the political interests of the president have influenced State Department policies and actions in
Ukraine, including actions related to the efforts of the president’s personal attorney to persuade the
Ukrainian government to conduct an investigation connected to a potential political opponent of
the president.
Requested Records
American Oversight requests that State produce the following records within twenty business days:
All calendars or calendar entries10 for U.S. Special Representative for Ukraine Negotiations
Kurt D. Volker, including any calendars maintained on his behalf (e.g., by an administrative
assistant) for the date range provided below.

lawmakers-say-marie-yovanovitch-lutsenko-right-wing-media-accusations-congress-diplomatsdiplomacy/.
5 Id.
6 Letter from Sen. Chris Murphy to Sen. Jim Risch, Chairman, Comm. on Foreign Relations,
May 10, 2019, https://www.murphy.senate.gov/download/ukraine-giuliani-letter.
7 Kenneth P. Vogel & Andrew E. Kramer, Giuliani Renews Push for Ukraine to Investigate Trump’s
Political Opponents, N.Y. TIMES, Aug. 21, 2019,
https://www.nytimes.com/2019/08/21/us/politics/giuliani-ukraine.html?smid=nytcore-ios-share.
8 Kenneth P. Vogel (@kenvogel), TWITTER (Aug. 22, 2019, 6:30 PM),
https://twitter.com/kenvogel/status/1164666081501470727?s=20.
9 Letter from Chairs Rep. Engel, Rep. Schiff, & Rep. Cummings, U.S. House of Representatives
Committees on Foreign Affairs, Intelligence, and Oversight and Reform, to Michael Pompeo,
Secretary, U.S. Dep’t of State, Sep. 9, 2019, https://www.politico.com/f/?id=0000016d-16fe-d466a36d-d6ff7a9c0000.
10 Though American Oversight has provided context related to Mr. Volker’s involvement in an
important matter, American Oversight notes that there is no subject matter limitation in this
request for Mr. Volker’s calendars and calendar entries.

2

STATE-19-1154

 American Oversight requests that the calendars be produced in a format that includes all
invitees, any notes, and all attachments.
Please do not limit your search to Outlook calendars. We request the production of any
document—paper or electronic, whether on government-issued or personal devices—used
to track or coordinate how Ambassador Volker allocates his time on agency business.
Please provide all responsive records from March 1, 2019, through the date the search is
conducted.
Fee Waiver Request
In accordance with 5 U.S.C. § 552(a)(4)(A)(iii) and 22 C.F.R. § 171.16(a), American Oversight
requests a waiver of fees associated with processing this request for records. First, the subject of
this request concerns the operations of the federal government, and the disclosures will likely
contribute to a better understanding of relevant government procedures by the general public in a
significant way.11 Second, the request is primarily and fundamentally for non-commercial
purposes.12
Under the public interest requirement, FOIA requesters must satisfy four factors.13 American
Oversight has met these four factors for the reasons set forth below. The subject matter of the
requested records specifically relates to the operations or activities of the government, including
communications surrounding an effort by the personal attorney to the president to persuade the
Ukrainian government to investigate a family member of one of the president’s potential political
opponents.14 There is significant public interest in understanding whether and to what extent the
perceived political interests of the president are influencing U.S. foreign policy toward Ukraine,
including whether State Department officials are involved in an effort to use the president’s private
attorney to lobby Ukrainian officials.15 The subject of this request is a matter of public interest, and
the public’s understanding of the government’s activities and use of resources would be enhanced
through American Oversight’s analysis and publication of these records.
Increasing the likelihood that disclosure of these records will contribute significantly to public
understanding, American Oversight’s objective is to reveal to the public at large any information it
receives related to this FOIA request, and little information is currently available regarding the
subject matter of this request—specifically, whether high-ranking State officials have coordinated
22 C.F.R. § 171.16(a)(1).
22 C.F.R. § 171.16(a)(2).
13 D.C. Technical Assistance Org. Inc. v. U.S. Dep’t of Hous. and Urban Dev. (D.C. Technical Assistance), 85
F.Supp.2d 46, 48–49 (D.D.C. 2000) (requested documents will contribute to “greater
understanding of government activities”).
14 See Vogel supra note 1; Vogel supra note 3; Gramer & Mackinnon supra note 4.
15 See Letter from Sen. Murphy, supra note 6, Vogel supra note 7.
11
12

3

STATE-19-1154

 with political allies of the president to displace a career diplomat in Ukraine for a perceived lack of
political loyalty in conjunction with the efforts of the president’s attorney to pressure the Ukrainian
government to undertake investigations to benefit the president’s perceived political interests.16
American Oversight has the capacity to disseminate this information as it posts all records to its
public websites and publishes analyses of its records. In the past, the organization has successfully
informed the public of specific government activities and operations. As an example, American
Oversight obtained Education Secretary DeVos’s calendar entries, which revealed Secretary DeVos’s
frequent absences from office and the influence of charter schools and for-profit colleges on the
Education Department.17 The New York Times and CNN relied on American Oversight’s analyses to
report on Secretary DeVos’s priorities within the Department of Education.18
American Oversight’s request is also primarily and fundamentally for non-commercial purposes.19
As a 501(c)(3) nonprofit, American Oversight does not have a commercial purpose and the release
of the information requested is not in American Oversight’s financial interest. American
Oversight’s mission is to promote transparency in government, to educate the public about
government activities, and to ensure the accountability of government officials. American Oversight
uses the information gathered, and its analysis of it, to educate the public through reports, press
releases, or other media. American Oversight also makes materials it gathers available on our public
website and promotes their availability on social media platforms, such as Facebook and Twitter. 20
American Oversight has demonstrated its commitment to the public disclosure of documents and
creation of editorial content. For example, after receiving records regarding an ethics waiver
received by a senior DOJ attorney, American Oversight promptly posted the records to its website21

See Vogel supra note 1; Vogel supra note 3; Gramer & Mackinnon supra note 4.
See Influence & Access at the Department of Education, AMERICAN OVERSIGHT (Oct. 27, 2017),
https://www.americanoversight.org/investigation/influence-access-at-the-department-of-education;
Unexcused Absences: DeVos Calendars Show Frequent Days Off, AMERICAN OVERSIGHT (Oct. 27, 2017),
https://www.americanoversight.org/unexcused-absences-devos.
18 Eric Lipton, Betsy DeVos’s School Schedule Shows Focus on Religious and Nontraditional Schools, N.Y.
TIMES, Oct. 27, 2017, https://www.nytimes.com/2017/10/27/us/politics/betsy-devos-workschedule-education.html; Gregory Wallace et. al., What Betsy DeVos’s Schedule Tells Us About Her
Agenda, CNN (Oct. 29, 2017, 12:22 PM), http://www.cnn.com/2017/10/28/politics/devosschedules-education/index.html.
19 22 C.F.R. § 171.16(a)(2)(i)-(iii).
20 American Oversight currently has approximately 12,200 page likes on Facebook and 54,500
followers on Twitter. American Oversight, FACEBOOK, https://www.facebook.com/weareoversight
(last visited Sept. 10, 2019); American Oversight (@weareoversight), TWITTER,
https://twitter.com/weareoversight (last visited Sept. 10, 2019).
21 DOJ Records Relating to Solicitor General Noel Francisco’s Recusal, AMERICAN OVERSIGHT,
https://www.americanoversight.org/document/doj-civil-division-response-noel-franciscocompliance.
16
17

4

STATE-19-1154

 and published an analysis of what the records reflected about DOJ’s process for ethics waivers.22 As
an additional example, American Oversight has a project called “Audit the Wall,” where the
organization is gathering and analyzing information and commenting on public releases of
information related to the administration’s proposed construction of a barrier along the U.S.Mexico border.23
Accordingly, American Oversight qualifies for a fee waiver.
Conclusion
We share a common mission to promote transparency in government. American Oversight looks
forward to working with State on this request. If you do not understand any part of this request,
have any questions, or foresee any problems in fully releasing the requested records, please contact
Dan McGrath at foia@americanoversight.org or 202.897.4213. Also, if American Oversight’s
request for a fee waiver is not granted in full, please contact us immediately upon making such a
determination.
Sincerely,

Melanie Sloan
Senior Advisor
American Oversight

Francisco & the Travel Ban: What We Learned from the DOJ Documents, AMERICAN OVERSIGHT,
https://www.americanoversight.org/francisco-the-travel-ban-what-we-learned-from-the-dojdocuments.
23 Audit the Wall, AMERICAN OVERSIGHT, https://www.americanoversight.org/investigation/auditthe-wall.
22

5

STATE-19-1154

 EXHIBIT 

VIA ELECTRONIC MAIL

September 11, 2019

U.S. Department of State
Office of Information Programs and Services
A/GIS/IPS/RL
SA-2, Suite 8100
Washington, DC 20522-0208
FOIArequest@state.gov
Re: Freedom of Information Act Request
Dear Freedom of Information Officer:
Pursuant to the Freedom of Information Act (FOIA), 5 U.S.C. § 552, and the implementing
regulations of the Department of State (State), 22 C.F.R. Part 171, American Oversight makes the
following request for records.
On May 9, 2019, President Trump’s personal lawyer, Rudolph Giuliani, announced that he would
travel to Ukraine to meet with the country’s president-elect to urge the Ukrainian government to
pursue an investigation related to the son of former Vice President Biden—a potential electoral
opponent of the president.1 Mr. Giuliani, reportedly aided by the president’s former attorneys
Victoria Toensing and Joseph E. diGenova, defended his planned trip by stating that “[w]e’re not
meddling in an election, we’re meddling in an investigation.”2 After facing widespread criticism for
this effort to influence a foreign government’s law enforcement efforts for political gain, Mr.
Giuliani canceled his trip to Ukraine.3
It is more troubling that, shortly before Mr. Giuliani announced his plan to attempt to “meddl[e]”
in a Ukrainian investigation related to one of the president’s potential political opponents, State
recalled U.S. Ambassador to Ukraine Marie Yovanovitch, a career foreign service officer who has
served under Democratic and Republican presidents.4 Ambassador Yovanovitch had faced criticism

Kenneth P. Vogel, Rudy Giuliani Plans Ukraine Trip to Push for Inquiries That Could Help Trump, N.Y.
TIMES, May 9, 2019, https://www.nytimes.com/2019/05/09/us/politics/giuliani-ukrainetrump.html.
2 Id.
3 Kenneth P. Vogel, Rudy Giuliani Cancels His Trip to Ukraine, Blaming Democrats’ ‘Spin,’ N.Y. TIMES, May
11, 2019, https://www.nytimes.com/2019/05/11/us/politics/rudy-giuliani-ukraine.html.
4 Robbie Gramer & Amy MacKinnon, U.S. Ambassador to Ukraine Recalled in ‘Political Hit Job,’
Lawmakers Say, FOREIGN POLICY (May 7, 2019, 12:09 PM),
https://foreignpolicy.com/2019/05/07/us-ambassador-to-ukraine-recalled-in-political-hit-job1

1030 15th Street NW, Suite B255, Washington, DC 20005   AmericanOversight.org

 from conservative media for purportedly criticizing the president in private conversations.5 Senator
Chris Murphy has, further, expressed concern that Ambassador Yovanovitch’s recall may be related
to Mr. Giuliani’s efforts to influence Ukrainian investigations.6
Recent reports suggest that Mr. Giuliani engaged a State Department official—U.S. Special
Representative for Ukraine Negotiations Kurt D. Volker—in his efforts.7 The State Department has
acknowledged that Mr. Volker helped arrange talks between Mr. Giuliani and a Ukrainian official.8
Reports also indicate that this meeting occurred shortly after the president’s July 25, 2019, call with
Ukraine’s president, in which President Trump reportedly asked Ukraine’s government to prioritize
“corruption” investigations.9
American Oversight seeks records with the potential to shed light on whether and to what extent
the political interests of the president have influenced State Department policies and actions in
Ukraine, including actions related to the efforts of the president’s personal attorney to persuade the
Ukrainian government to conduct an investigation connected to a potential political opponent of
the president.
Requested Records
American Oversight requests that State produce the following records within twenty business days:
All email communications (including email messages, calendar invitations, and attachments
thereto, and including complete email chains) sent by the specified State officials below
containing the following key terms:
i.
ii.
iii.

Rudy
Rudolph
Giuliani

lawmakers-say-marie-yovanovitch-lutsenko-right-wing-media-accusations-congress-diplomatsdiplomacy/.
5 Id.
6 Letter from Sen. Chris Murphy to Sen. Jim Risch, Chairman, Comm. on Foreign Relations,
May 10, 2019, https://www.murphy.senate.gov/download/ukraine-giuliani-letter.
7 Kenneth P. Vogel & Andrew E. Kramer, Giuliani Renews Push for Ukraine to Investigate Trump’s
Political Opponents, N.Y. TIMES, Aug. 21, 2019,
https://www.nytimes.com/2019/08/21/us/politics/giuliani-ukraine.html?smid=nytcore-ios-share.
8 Kenneth P. Vogel (@kenvogel), TWITTER (Aug. 22, 2019, 6:30 PM),
https://twitter.com/kenvogel/status/1164666081501470727?s=20.
9 Letter from Chairs Rep. Engel, Rep. Schiff, & Rep. Cummings, U.S. House of Representatives
Committees on Foreign Affairs, Intelligence, and Oversight and Reform, to Michael Pompeo,
Secretary, U.S. Dep’t of State, Sep. 9, 2019, https://www.politico.com/f/?id=0000016d-16fe-d466a36d-d6ff7a9c0000.

2

STATE-19-1155

 iv.
v.
vi.
vii.
viii.
ix.
x.
xi.
xii.
xiii.
xiv.
xv.
xvi.
xvii.
xviii.
xix.

Toensing
diGenova
Hunter
Biden
Parnas
Fruman
Kolomoisky
Klitschko
Burisma
Shokin
Lutsenko
Zelensky
Zelenskyy
Yermak
“Ukraine Security Assistance Initiative”
USAI

Specified State Officials:
i.
ii.
iii.
iv.
v.
vi.
vii.
viii.
ix.
x.

Secretary Mike Pompeo
White House Liaison Carrie Cabelka, or any other individuals serving in the
role of White House Liaison
Senior Advisors (to Secretary Pompeo) P. Michael McKinley, Mary Kissel, and
Toni Porter
Counselor to the Secretary Thomas Ulruich Brechbuhl
Senior Policy Advisor and Special Representative for Iran, Brian Hook
U.S. Special Representative for Ukraine Negotiations, Kurt D. Volker
Chargé d’Affaires, a.i. of the United States Embassy in Kyiv, William B. Taylor
Deputy Chief of Mission of the United States Embassy in Kyiv, Kristina A. Kvien
Acting Assistant Secretary of European and Eurasian Affairs, Philip Reeker
U.S. Ambassador to Spain, Richard Duke Buchan III

American Oversight has limited its request to sent messages of each official to reduce the
volume of potentially responsive records. American Oversight still requests complete email
chains. So, for example, if a specified official sent a response to an incoming message
containing a key term listed above, the email chain containing the initially received message
and the response is responsive to this request.
Please provide all responsive records from July 23, 2019, through August 21, 2019.

3

STATE-19-1155

 Fee Waiver Request
In accordance with 5 U.S.C. § 552(a)(4)(A)(iii) and 22 C.F.R. § 171.16(a), American Oversight
requests a waiver of fees associated with processing this request for records. First, the subject of
this request concerns the operations of the federal government, and the disclosures will likely
contribute to a better understanding of relevant government procedures by the general public in a
significant way.10 Second, the request is primarily and fundamentally for non-commercial
purposes.11
Under the public interest requirement, FOIA requesters must satisfy four factors.12 American
Oversight has met these four factors for the reasons set forth below. The subject matter of the
requested records specifically relates to the operations or activities of the government, including
communications surrounding an effort by the personal attorney to the president to persuade the
Ukrainian government to investigate a family member of one of the president’s potential political
opponents.13 There is significant public interest in understanding whether and to what extent the
perceived political interests of the president are influencing U.S. foreign policy toward Ukraine,
including whether State Department officials are involved in an effort to use the president’s private
attorney to lobby Ukrainian officials.14 The subject of this request is a matter of public interest, and
the public’s understanding of the government’s activities and use of resources would be enhanced
through American Oversight’s analysis and publication of these records.
Increasing the likelihood that disclosure of these records will contribute significantly to public
understanding, American Oversight’s objective is to reveal to the public at large any information it
receives related to this FOIA request, and little information is currently available regarding the
subject matter of this request—specifically, whether high-ranking State officials have coordinated
with political allies of the president to displace a career diplomat in Ukraine for a perceived lack of
political loyalty in conjunction with the efforts of the president’s attorney to pressure the Ukrainian
government to undertake investigations to benefit the president’s perceived political interests.15
American Oversight has the capacity to disseminate this information as it posts all records to its
public websites and publishes analyses of its records. In the past, the organization has successfully
informed the public of specific government activities and operations. As an example, American
Oversight obtained Education Secretary DeVos’s calendar entries, which revealed Secretary DeVos’s
frequent absences from office and the influence of charter schools and for-profit colleges on the

22 C.F.R. § 171.16(a)(1).
22 C.F.R. § 171.16(a)(2).
12 D.C. Technical Assistance Org. Inc. v. U.S. Dep’t of Hous. and Urban Dev. (D.C. Technical Assistance), 85
F.Supp.2d 46, 48–49 (D.D.C. 2000) (requested documents will contribute to “greater
understanding of government activities”).
13 See Vogel supra note 1; Vogel supra note 3; Gramer & Mackinnon supra note 4.
14 See Letter from Sen. Murphy, supra note 6, Vogel supra note 7.
15 See Vogel supra note 1; Vogel supra note 3; Gramer & Mackinnon supra note 4.
10
11

4

STATE-19-1155

 Education Department.16 The New York Times and CNN relied on American Oversight’s analyses to
report on Secretary DeVos’s priorities within the Department of Education.17
American Oversight’s request is also primarily and fundamentally for non-commercial purposes.18
As a 501(c)(3) nonprofit, American Oversight does not have a commercial purpose and the release
of the information requested is not in American Oversight’s financial interest. American
Oversight’s mission is to promote transparency in government, to educate the public about
government activities, and to ensure the accountability of government officials. American Oversight
uses the information gathered, and its analysis of it, to educate the public through reports, press
releases, or other media. American Oversight also makes materials it gathers available on our public
website and promotes their availability on social media platforms, such as Facebook and Twitter. 19
American Oversight has demonstrated its commitment to the public disclosure of documents and
creation of editorial content. For example, after receiving records regarding an ethics waiver
received by a senior DOJ attorney, American Oversight promptly posted the records to its website20
and published an analysis of what the records reflected about DOJ’s process for ethics waivers.21 As
an additional example, American Oversight has a project called “Audit the Wall,” where the
organization is gathering and analyzing information and commenting on public releases of
information related to the administration’s proposed construction of a barrier along the U.S.Mexico border.22

See Influence & Access at the Department of Education, AMERICAN OVERSIGHT (Oct. 27, 2017),
https://www.americanoversight.org/investigation/influence-access-at-the-department-of-education;
Unexcused Absences: DeVos Calendars Show Frequent Days Off, AMERICAN OVERSIGHT (Oct. 27, 2017),
https://www.americanoversight.org/unexcused-absences-devos.
17 Eric Lipton, Betsy DeVos’s School Schedule Shows Focus on Religious and Nontraditional Schools, N.Y.
TIMES, Oct. 27, 2017, https://www.nytimes.com/2017/10/27/us/politics/betsy-devos-workschedule-education.html; Gregory Wallace et. al., What Betsy DeVos’s Schedule Tells Us About Her
Agenda, CNN (Oct. 29, 2017, 12:22 PM), http://www.cnn.com/2017/10/28/politics/devosschedules-education/index.html.
18 22 C.F.R. § 171.16(a)(2)(i)-(iii).
19 American Oversight currently has approximately 12,200 page likes on Facebook and 54,500
followers on Twitter. American Oversight, FACEBOOK, https://www.facebook.com/weareoversight
(last visited Sept. 10, 2019); American Oversight (@weareoversight), TWITTER,
https://twitter.com/weareoversight (last visited Sept. 10, 2019).
20 DOJ Records Relating to Solicitor General Noel Francisco’s Recusal, AMERICAN OVERSIGHT,
https://www.americanoversight.org/document/doj-civil-division-response-noel-franciscocompliance.
21 Francisco & the Travel Ban: What We Learned from the DOJ Documents, AMERICAN OVERSIGHT,
https://www.americanoversight.org/francisco-the-travel-ban-what-we-learned-from-the-dojdocuments.
22 Audit the Wall, AMERICAN OVERSIGHT, https://www.americanoversight.org/investigation/auditthe-wall.
16

5

STATE-19-1155

 Accordingly, American Oversight qualifies for a fee waiver.
Conclusion
We share a common mission to promote transparency in government. American Oversight looks
forward to working with State on this request. If you do not understand any part of this request,
have any questions, or foresee any problems in fully releasing the requested records, please contact
Dan McGrath at foia@americanoversight.org or 202.897.4213. Also, if American Oversight’s
request for a fee waiver is not granted in full, please contact us immediately upon making such a
determination.
Sincerely,

Melanie Sloan
Senior Advisor
American Oversight

6

STATE-19-1155