Case 1:19-cv-01278-RBW Document 102 Filed 10/08/20 Page 1 of 3

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
JASON LEOPOLD and
BUZZFEED, INC.,
Plaintiff,
v.
UNITED STATES DEPARTMENT OF
JUSTICE, et al.
Defendants.

Case No: 1:19-cv-01278-RBW

CABLE NEWS NETWORK, INC.,
Plaintiff,
v.
FEDERAL BUREAU OF INVESTIGATION,
Defendant.

EMERGENCY MOTION OF PLAINTIFFS JASON LEOPOLD, BUZZFEED, INC., AND
CABLE NEWS NETWORK, INC. FOR COURT ORDER REQUIRING DEFENDANTS
TO REPROCESS RECORDS BEFORE THE NOVEMBER 3, 2020 PRESIDENTIAL
ELECTION IN LIGHT OF THE PRESIDENT’S RECENT DECLASSIFICATION AND
WAIVER
This Freedom of Information Act case involves FBI FD-302 reports of witness interviews
from the Mueller investigation. Defendants DOJ and FBI have redacted or withheld a variety of
records based on a variety of exemptions. While some of these withholdings result from statutes
that prohibit release, many are discretionary and can therefore be waived. This Court has
repeatedly recognized the importance of these records to the November 3, 2020 election.

 Case 1:19-cv-01278-RBW Document 102 Filed 10/08/20 Page 2 of 3

On October 6, 2020, the President of the United States directed that all documents
pertaining to investigations into Russian interference in the 2016 election, which includes the
Mueller investigation, be released to the public, and stated that he had, in fact, previously ordered
this be done. Twitter, @realDonaldTrump, Oct. 6, 2020 at 8:41pm (“I have fully authorized the
total Declassification of any & all documents pertaining to the single greatest political CRIME in
American History, the Russia Hoax. Likewise, the Hillary Clinton Email Scandal. No
redactions!”); Twitter, @realDonaldTrump, Oct. 6, 2020 at 9:21pm (“All Russia Hoax Scandal
information was Declassified by me long ago. Unfortunately for our Country, people have acted
very slowly, especially since it is perhaps the biggest political crime in the history of our Country.
Act!!!”) (attached as Group Exhibit A). As a result, (1) Exemption 1 no longer applies because
the records are no longer classified, and (2) any FOIA exemptions have been waived with the
exception of disclosures prohibited by the Privacy Act, Rule 6(e), or other statutes that prohibit
release.
As a result, Plaintiffs ask the Court to order the government to reprocess the 302s to remove
all redactions or withholdings based on Exemption 1 or any discretionary exemptions like
Exemption 5, by October 28, 2020. This should be a simple process that requires no independent
analysis or consultation beyond simply reviewing which exemptions were asserted and removing
the applicable redactions based solely on which exemption claimed.
Due to the impending election and importance of this issue, Plaintiffs have filed this motion
on an emergency basis. The parties have conferred, and the government has indicated that it will
oppose. Plaintiffs respectfully request that the Court order the government to file any opposition
by Monday, October 12, 2020, and schedule a hearing for the earliest available date thereafter so

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 Case 1:19-cv-01278-RBW Document 102 Filed 10/08/20 Page 3 of 3

that the motion may be resolved and any order complied with before the November 3, 2020
election.

RESPECTFULLY SUBMITTED,
/s/ Matthew V. Topic
Matthew Topic
LOEVY & LOEVY
311 North Aberdeen, 3rd Floor
Chicago, IL 60607
T: (312) 243-5900
foia@loevy.com
DC Bar No. IL0037
Counsel for Jason Leopold and BuzzFeed
Inc.
/s/ Charles D. Tobin
Charles D. Tobin (D.C. Bar No. 455593)
tobinc@balladspahr.com
Matthew E. Kelley (D.C. Bar No. 1018126)
kelleym@ballardspahr.com
BALLARD SPAHR LLP
1909 K Street, NW
Washington, D.C. 20006-1157
T: (202) 661-2200
Counsel for Cable News Network, Inc.

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