CNN V FBI Complaint PDF

Case 1:17-cv-01167 Document 1 Filed 06/15/17 Page 1 of 8
IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLUMBIA
CABLE NEWS NETWORK, INC., )

)
One CNN Center )
Atlanta, GA 30303, )
)
Plaintiff, )
)
v. )
Civil Action No. 1:17-cv-01167
)
FEDERAL BUREAU OF INVESTIGATION )
)
935 Pennsylvania Avenue, N.W. )
Washington, D.C. 20535-0001, )
)
Defendant. )
COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF
Plaintiff Cable News Network, Inc. (CNN) brings this suit against the Federal Bureau
of Investigation (FBI). In support thereof, CNN states as follows:
INTRODUCTION
1. This is an action brought pursuant to the Freedom of Information Act (FOIA), 5
U.S.C. 552, for declaratory, injunctive, and other appropriate relief, seeking the immediate
processing of CNNs request to the FBI for records prepared by former FBI Director James B.
Comey, Jr., that document his interactions with President Donald J. Trump, and the immediate
release of those records.
2. Despite the great urgency in informing the public about these records, and in
absolute disregard for the U.S. Department of Justice (DOJ) Office of Information Policys
(OIP) decision directing the expedited processing of CNNs request, the FBI has failed to
respond to the request within the time required by the FOIA.

PARTIES
3. Plaintiff CNN is a 24-hour cable news channel headquartered in Atlanta, Georgia.
CNN operates nine news bureaus across the United States, including in Washington, D.C., and
31 news bureaus internationally. A trusted source of news and information, CNN reaches more
individuals on television, the web and mobile devices than any other cable television news
organization in the United States.
4. Defendant FBI is a component of the DOJ, a department of the Executive Branch
of the United States and an agency within the meaning of 5 U.S.C. 552(f)(1). The FBI has
possession and control of the records requested by CNN.
JURISDICTION AND VENUE
5. This action arises under the FOIA. This Court has subject matter jurisdiction over
this action and personal jurisdiction over the parties pursuant to 5 U.S.C. 552(a)(4)(B) and
(a)(6)(C)(i). This Court also has jurisdiction over this action pursuant to 28 U.S.C. 1331.
6. Venue is proper in this judicial district under 5 U.S.C. 552(a)(4)(B).
FACTUAL ALLEGATIONS
7. President Trump fired FBI Director Comey on May 9, 2017.
8. Comey had been overseeing a criminal investigation into whether President
Trumps aides colluded with Russia to influence the outcome of the 2016 presidential election.
The FBI was also investigating President Trumps former National Security Adviser Michael T.
Flynn for his communications with Russian Ambassador Sergey I. Kislyak during the
presidential transition about sanctions imposed on Russia, and for Flynns work as a paid
lobbyist for Turkey during the campaign. President Trump fired Flynn on February 13, 2017 for
lying to Vice President Mike Pence, and other White House officials, about his communications
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with Kislyak.
9. Comey met with President Trump in the Oval Office on February 14, 2017.
During that meeting, in a one-on-one conversation, the President asked Comey to end the FBIs
investigation of Flynn.
10. Comey immediately documented his conversation with the President in a memo.
According to Comeys memo, President Trump said: I hope you can see your way clear to
letting this go, to letting Flynn go. He is a good guy. I hope you can let this go.
11. Comey prepared a number of additional memos detailing his interactions with the
President (the Comey memos).
12. Comey provided a copy of his February 14, 2017, memo to his friend Daniel
Richman, who has told CNN that he provided the memo and all relevant materials from
Comey to the FBI.
13. On May 16, 2017, CNN producer Greg Wallace submitted a FOIA request on
behalf of CNN to the FBI for copies of all records of notes taken by or communications sent
from FBI Director James Comey regarding or documenting interactions (including interviews
and other conversations) with President Donald Trump. The scope of this request is records
between January 20, 2017 and May 10, 2017. CNN requested a fee waiver as a member of a
news organization and because the release of the requested information is in the public interest
and will contribute significantly to the public understanding of government operations and
activities. CNN also requested expedited processing of the request. A copy of CNNs May 16,
2017 request is attached as Exhibit A. 1
14. Mr. Wallace submitted CNNs request through the FBIs eFOIPA system and
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The telephone numbers of CNN employees have been redacted from Exhibits A, B, E, G and H.
3
received a receipt confirming the request was received by the FBI on that same day. A copy of
the eFOIPA confirmation is attached as Exhibit B.
15. On May 23, 2017, the FBI granted CNNs request for a fee waiver. A copy of the
FBIs May 23, 2017 letter is attached as Exhibit C.
16. In a separate letter also dated May 23, 2017, the FBI denied CNNs request for
expedited processing on the grounds that CNN ha[d] not provided enough information
concerning the statutory requirements permitting expedition. A copy of the FBIs May 23,
2017 letter denying expedited processing is attached as Exhibit D.
17. On May 26, 2017, CNN timely appealed the denial of its request for expedited
processing to OIP. In the appeal, CNN noted that there is a great urgency in release of the
Comey memos which pertain[ ] directly to possible questions about the governments integrity
affecting public confidence in the Presidency and the Executive Branch. A copy of CNNs May
26, 2017 appeal is attached as Exhibit E.
18. On June 2, 2017, OIP reversed the FBIs denial of CNNs request for expedited
processing and remanded the request to the FBI with directions to process the request as quickly
as practicable. A copy of OIPs June 2, 2017 letter is attached as Exhibit F.
19. On June 7, 2017, the U.S. Senate Select Committee on Intelligence released
Comeys prepared statement to the Committee in advance of his public testimony the next day.
20. In his prepared statement, Comey detailed the contents of the memos. He
specifically noted that the Comey memos are not classified.
21. On that same day, CNN, through its attorney, emailed David M. Hardy, FBI
Section Chief, Record/Information Dissemination Section, Records Management Division, as to
the status of its public records request. CNN wrote: Given that today Mr. Comey publicly
4
confirmed that the memos exist, are not classified, and he divulged the details of those memos, it
would now be appropriate for the FBI to comply with CNNs FOIA request immediately.
CNNs June 7, 2017 email to Mr. Hardy is attached as Exhibit G.
22. On June 8, 2017, Comey testified before the Committee. He provided further
details about his communications with President Trump and the contents of the Comey memos.
He reiterated that the memos were not classified.
23. More than 19 million people watched the live broadcast of Comeys testimony.
24. The White House has disputed the accuracy of the information in the Comey
memos.
25. On June 8, 2017, the FBI responded to CNNs email stating that the request
would be processed as soon as practicable, but provided no timetable for production. A copy
of the FBIs June 8, 2017 email is attached as Exhibit H.
26. On June 12, 2917, the FBI provided the following status update by email: The
FBIs FOIPA Program is searching the FBIs indices for potentially responsive documents. You
may be contacted via formal letter for all fees and/or negotiation issues that may apply. A copy
of the FBIs June 12, 2017 email is attached as Exhibit H.
27. On June 13, 2017one day before the 20-day statutory time period to respond to
standard FOIAs expired, and in spite of the previous status updates provided by the agencythe
FBI formally acknowledged OIPs ruling directing it to expedite the processing of CNNs
request. A copy of the FBIs June 13, 2017 letter is attached as Exhibit I.
28. The urgency and national public importance in release of the Comey memos is
unquestionable.
29. It is inconceivable that locating and producing the small number of Comey
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memos, particularly given their prominence in current public debate, requires any significant
amount of the FBIs time or resources.
30. There is no basis to withhold the Comey memos under the FOIA.
31. Nevertheless, as of the date of this filing, the FBIs eFOIPA system continues to
reflect that [t]he FBI's FOIPA Program is searching the FBI's indices for potentially responsive
documents. You may be contacted via formal letter for all fees and/or negotiation issues that may
apply.
32. As of the date of this filing, and despite OIPs grant of expedited processing for
CNNs request, the FBI has not produced any of the requested public records.
CLAIM FOR RELIEF
COUNT I
(Declaratory and Injunctive Relief:
Violation of the Freedom of Information Act, 5 U.S.C. 552)
33. CNN realleges and incorporates by reference all previous paragraphs as if fully
set forth herein.
34. The FOIA provides this Court with jurisdiction to enjoin [the FBI] from
withholding agency records and to order the production of any agency records improperly
withheld from the complainant. 5 U.S.C. 552(a)(4)(B).
35. The documents requested by CNN are agency records within the FBIs control.
36. The FOIA requires that within 20 working days of receiving a request an agency,
like the FBI, notify a requester of the scope of the documents that the agency will produce, the
scope of the documents that the agency plans to withhold under any FOIA exemptions, the right
to seek assistance from a FOIA Public Liaison or the Office of Government Information
Services, and the right to administratively appeal any adverse determination. 5 U.S.C.
552(a)(6)(A)(i).
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37. The FBI received CNNs FOIA request on May 16, 2017.
38. Pursuant to the FOIA, the FBI was required to respond to CNNs request within
20 working days, or by June 14, 2017, at the very latest and particularly given OIPs order for
expedited treatment.
39. As of the date of this filing, the FBI has not provided any substantive response to
CNN. It has not produced any of the requested records.
40. The FBI has, thus, wrongfully withheld agency records in violation of the FOIA.
41. CNN has exhausted its administrative remedies with respect to the FBIs failure to
respond to its request and failure to produce the requested records. 5 U.S.C. 552(a)(6)(C)(i).
42. CNN requests a declaratory judgment that the FBI has violated FOIA and that
CNN is entitled to immediately receive the records referenced above.
43. CNN further requests that, pursuant to 5 U.S.C. 552(a)(4)(B), the Court issue an
injunction to the FBI to process CNNs request and produce the requested records.
REQUEST FOR RELIEF
WHEREFORE, Plaintiff respectfully requests that this Court:
A. Declare that the FBIs failure to provide responsive documents is unlawful under
FOIA;
B. Enter an injunction that directs the FBI to immediately process CNNs May 16,
2017, public records request;
C. Enter an injunction that directs the FBI to make all requested records available to
CNN, unredacted, and without further delay;
D. Provide for expeditious proceedings in this action;
E. Award CNN its costs and reasonable attorneys fees incurred in this action
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pursuant to 5 U.S.C. 552(a)(4)(E); and
F. Grant such other and further relief as the Court may deem just and proper.
Respectfully submitted,
By: /s/ Charles D. Tobin

Charles D. Tobin (#455593)
Adrianna C. Rodriguez (#1020616)
BALLARD SPAHR LLP
1909 K St., N.W., 12th Floor
Washington, D.C. 20006-1157
Telephone: 202-661-2200
Facsimile: 202-661-2299
Counsel for Plaintiff Cable News Network, Inc.
Dated: June 15, 2017
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Case 1:17-cv-01167 Document 1-1 Filed 06/15/17 Page 1 of 3
EXHIBIT A
May 16, 2017
Record/Information Dissemination Section

Records Management Division
Federal Bureau of Investigation
VIA eFOIPA portal
To Whom it May Concern:
Pursuant to the Federal Freedom of Information Act, 5 U.S.C. 552 (the "Act"), Cable News
Network, Inc. ("CNN") requests access to and copies of all records of notes taken by or
communications sent from FBI Director James Comey regarding or documenting interactions
(including interviews and other conversations) with President Donald Trump. The scope of this
request is records between January 20, 2017 and May 10, 2017.
CNN agrees to pay reasonable duplication fees for the processing of this request in an amount
not to exceed $500. Please notify me prior to your incurring any expenses in excess of that
amount.
As a member of a news organization, I am requesting that fees be waived because release of the
information is in the public interest and will contribute significantly to public understanding of
government operations and activities.
If CNN's request is denied in whole or part, we ask that you justify all deletions by reference to
the specific exemptions of the Act. CNN will also expect you to release all segregable portions of
otherwise exempt material. CNN reserves the right to appeal your decision to withhold any
information.
If you have questions regarding this request, please contact me as soon as possible by email at
gregory.wallace@CNN.com or by phone at .
As I have made this request in the capacity as a journalist and this information is of timely value, I
would appreciate your expediting the consideration of this request in every way possible. In any
event, I look forward to your reply within 20 business days, as the Act requires.
Thank you for your assistance.
Sincerely,
Gregory Wallace
cc:
Drew Shenkman, Counsel, CNN
Johnita P. Due, Assistant General Counsel, CNN
EXHIBIT B
6/12/2017 Mailgregory.wallace@turner.com
eFOIA Request Received
efoia@subscriptions.fbi.gov
Tue 5/16/2017 6:20 PM
To: Wallace, Gregory <gregory.wallace@turner.com>;
Organization Representative Information

OrganizationName CNN
Prefix Mr.
FirstName Gregory
MiddleName
LastName Wallace
Suffix
Email gregory.wallace@cnn.com
Phone
Location UnitedStates
Domestic Address
AddressLine1 820FirstStreetNE
AddressLine2 8thFloor
City Washington
https://outlook.office.com/owa/?realm=turner.com&path=/mail/AAMkAGE0NGZjNThhLWFhYTctNDNiNC05MTMxLWE4OTBkYTMxM2VjYQAuAAAAAAAdXP 1/2
6/12/2017 Mailgregory.wallace@turner.com
State DistrictofColumbia
Postal 20002
Agreement to Pay
Howyouwillpay 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.
Allowupto$ 1
Proof Of Affiliation for Fee Waiver

WaiverExplanation Pleaseseeattachedletter.
DocumentationFiles 20170516FOIAFBIComeynotesTrump1.docx
NonIndividual FOIA Request

RequestInformation PursuanttotheFederalFreedomofInformationAct,5U.S.C.?552(the
"Act"),CableNewsNetwork,Inc.("CNN")requestsaccesstoandcopiesof
allrecordsofnotestakenbyorcommunicationssentfromFBIDirectorJames
Comeyregardingordocumentinginteractions(includinginterviewsandother
conversations)withPresidentDonaldTrump.Thescopeofthisrequestis
recordsbetweenJanuary20,2017andMay10,2017.Pleaseseeattached
letter.
Expedite
ExpediteReason Pleaseseeletterattachedinprevioussteps.
https://outlook.office.com/owa/?realm=turner.com&path=/mail/AAMkAGE0NGZjNThhLWFhYTctNDNiNC05MTMxLWE4OTBkYTMxM2VjYQAuAAAAAAAdXP 2/2
EXHIBIT C
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. Your patience is appreciated.
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 FOIAonline 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 FBIs
FOIA Public Liaison by emailing foipaquestions@ic.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
EXHIBIT D
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 FBIs FOIA Public
Liaison by emailing foipaquestions@ic.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
EXHIBIT E
ONE CNN CENTER Atlanta, GA 30303-2762
DREW SHENKMAN
Senior Counsel
drew.shenkman@turner.com
May 26, 2017
VIA FOIA Online Portal
Director FOIA APPEAL

Office of Information Policy EXPEDITED PROCESSING
US Department of Justice
Suite 11050
REQUESTED
1425 New York Avenue
Washington, DC 20530
Re: CNNS FREEDOM OF INFORMATION ACT APPEAL

CASE NO. 1374094-000
To Whom It May Concern:
I represent CNN and its journalist Gregory Wallace, and I file this appeal to insist that the
Department of Justice Office of Information Policy reverse the FBIs denial of CNNs request for
expedited processing of Mr. Wallaces FOIA request for copies of all records of notes taken by or
communications sent from FBI Director James Comey regarding or documenting interactions
(including interviews and other conversations) with President Donald Trump between January 20,
2017 and May 10, 2017. The basis for this appeal is as follows:
On May 16, CNN reported that James Comey, when FBI Director, wrote contemporaneous
memos documenting conversations with President Trump out of concern that Trump or other White
House officials may meddle with an ongoing FBI investigation. Following these conversations,
Comey was fired. The day after the memos were publicly reported, a special counsel was appointed
to take over the investigation. Within days, the special counsel visited the FBI to be briefed on the
content of the memos. CNN has reported on these matters extensively,1 as they are of keen
national importance concerning the leaders of our nation.
On May 16, CNN requested those and other memos via FOIA, and on May 23, the FBI
denied CNN's request for expedited processing. We ask that OIP reverse this decision based on two
sections of 28 CFR 16.5(e)(1):
1. 28 CFR 16.5(e)(1)(ii)- There is a great urgency to inform the public about actual or
alleged federal government activityspecifically contemporaneous memos made by the
FBI Director of his meetings with the Presidentand CNN is in the very business of
disseminating information. The urgency to inform the public about the memos stem from
the fact that at least one memo documents a statement made by the President which
suggests that he asked the FBI Director to cease the agencys investigation into his
1
See e.g. www.cnn.com/2017/05/22/politics/mueller-comey-russia-investigation/;
www.cnn.com/2017/05/17/politics/special-counsel-robert-mueller/;
www.cnn.com/2017/05/16/politics/trump-james-comey-memo/.
FOIA APPEAL EXPEDITED PROCESSING REQUESTED
CASE NO. 1374094-000
May 26, 2017
Page 2
campaign and associates. There is no doubt that the public revelation of this information
has played and will continue to play a critical role in the public's understanding of the
President's level of cooperation with the investigation, as well as the government's
handling of the investigation.
2. 28 CFR 16.5(e)(1)(iv)- The requested memos no doubt are a matter of widespread and
exceptional media interest which pertains directly to possible questions about the
governments integrity affecting public confidence in the Presidency and the Executive
Branch. The very existence of the federal investigation, the appointment by DOJ of
Robert Mueller as Special Counsel to lead the investigation, and investigations being
conducted by the House and Senate, underscores why this FOIA request directly relates
to possible questions about government integrity and public confidence in the
Presidency. The documents reflect statements made by the FBI Director and the
President on this very topic, and are therefore of the most extreme public interest.
For each reason noted above, OIP should grant CNNs appeal and return CNNs original
request to the FBI for expedited processing.
And for the exact same reasons noted above, CNN requests that OIP review CNNs appeal
for expedited processing.
CERTIFICATION FOR EXPEDITED APPEAL PROCESSING
The undersigned hereby certifies the foregoing to be true to the best of his knowledge and
belief, and that there exists a compelling need to receive a response to this appeal on an expedited
basis.
* * *
For all of the reasons stated above, CNN and Mr. Wallace request that the Department of
Justice Office of Information Policy reverse the FBIs denial and release the requested documents in
full and without redaction in the most expedited manner possible.
Please do not hesitate to contact me should you have any questions or concerns.
Respectfully Submitted,
Drew E. Shenkman
Senior Counsel, CNN
cc: Gregory Wallace, Producer, CNN

EXHIBIT F
U.S. Department of Justice
Office of Office of Information Policy
Suite 11050
1425 New York Avenue, NW
Washington, DC 20530-0001
Telephone: (202) 514-3642
Drew E. Shenkman, Esq.

Cable News Network, Inc.
SE0911A
One CNN Center Re: Appeal No. DOJ-AP-2017-004349
Atlanta, GA 30303 Request No. 1374094
drew.shenkman@turner.com SRO:MTC
VIA: FOIAonline
Dear Mr. Shenkman:
This is to advise you that your administrative appeal from the action of the Federal
Bureau of Investigation was received in this Office on May 26, 2017. You appealed from the
FBI's denial of your request for expedited treatment of your Freedom of Information Act request.
After carefully considering your appeal, and based on the information presented, I believe
that expedited processing of your request is warranted. Accordingly, I am remanding your
request to the FBI, where it will be processed as quickly as practicable.
If you have any questions regarding the action this Office has taken on your appeal, you
may contact this Office's FOIA Public Liaison for your appeal. Specifically, you may speak with
the undersigned agency official by calling (202) 514-3642.
If you are dissatisfied with my action on your appeal for expedited treatment of your
request, you may file a lawsuit in accordance with 5 U.S.C. 552(a)(6)(E)(iii).
Sincerely,
6/2/2017
X
Sean R. O'Neill
Chief, Administrative Appeals Staff
Signed by: OIP
EXHIBIT G
Office of Office of Information Policy
Suite 11050
1425 New York Avenue, NW
Washington, DC 20530-0001
Telephone: (202) 514-3642
Drew E. Shenkman, Esq.

Cable News Network, Inc.
SE0911A
One CNN Center Re: Appeal No. DOJ-AP-2017-004349
Atlanta, GA 30303 Request No. 1374094
drew.shenkman@turner.com SRO:MTC
VIA: FOIAonline
Dear Mr. Shenkman:
This is to advise you that your administrative appeal from the action of the Federal
Bureau of Investigation was received in this Office on May 26, 2017. You appealed from the
FBI's denial of your request for expedited treatment of your Freedom of Information Act request.
After carefully considering your appeal, and based on the information presented, I believe
that expedited processing of your request is warranted. Accordingly, I am remanding your
request to the FBI, where it will be processed as quickly as practicable.
If you have any questions regarding the action this Office has taken on your appeal, you
may contact this Office's FOIA Public Liaison for your appeal. Specifically, you may speak with
the undersigned agency official by calling (202) 514-3642.
If you are dissatisfied with my action on your appeal for expedited treatment of your
request, you may file a lawsuit in accordance with 5 U.S.C. 552(a)(6)(E)(iii).
Sincerely,
6/2/2017
X
Sean R. O'Neill
Chief, Administrative Appeals Staff
Signed by: OIP
EXHIBIT H
Electronic FBI FOIPA request submissions are accepted at http://efoia.fbi.gov.
Do you have further questions about the FOIPA process? Visit us at http://www.fbi.gov/foia.
Please check the status of your request online at https://vault.fbi.gov by clicking on the "Check Status of Your FOI/PA Request" link on the right side of
the page. Status updates are performed on a weekly basis.
From:Shenkman,Drew[mailto:Drew.Shenkman@turner.com]
Sent:Monday,June12,20172:54PM
To:FOIPAQUESTIONS<FOIPAQUESTIONS@ic.fbi.gov>
Cc:Wallace,Gregory<gregory.wallace@turner.com>;Levitt,Ross<Ross.Levitt@turner.com>;Levine,AdamS(CNNDCBureau)
<Adam.S.Levine@turner.com>;Kupperman,Tammy<Tammy.Kupperman@turner.com>;Hardy,DavidM.(RMD)(FBI)
<dmhardy@fbi.gov>
Subject:RE:FinalDisposition,AppealDOJAP2017004349
Goodafternoon,
Anyupdateonthestatusofthisexpeditedrequest?
Drew Shenkman
Senior Counsel, CNN
From:FOIPAQUESTIONS[mailto:FOIPAQUESTIONS@ic.fbi.gov]
Sent:Thursday,June08,20178:17AM
To:Shenkman,Drew<Drew.Shenkman@turner.com>
<Adam.S.Levine@turner.com>;Kupperman,Tammy<Tammy.Kupperman@turner.com>;Hardy,DavidM.(RMD)(FBI)
<dmhardy@fbi.gov>
Subject:RE:FinalDisposition,AppealDOJAP2017004349
Good morning,
The FBI has received your additional correspondence regarding your Freedom of Information Act/Privacy (FOIPA)
request and it has been forwarded to the assigned analyst for review. In response to your inquiry regarding a time
frame for completion of requests granted expedited processing, the Record/Information Dissemination Section
processes such requests as soon as practicable.
If you require additional assistance please contact foipaquestions@ic.fbi.gov.
Thank you,
Holly Early
Government Information Specialist
Record/Information Dissemination Section (RIDS)
FBI-Records Management Division
170 Marcel Drive, Winchester, VA 22602-4843
PIO Line: (540) 868-4593
Direct: (540) 868-4854
Fax: (540) 868-4391 or (450)868-4997
Questions E-mail: foipaquestions@ic.fbi.gov
Electronic FBI FOIPA request submissions are accepted at http://efoia.fbi.gov.
Do you have further questions about the FOIPA process? Visit us at http://www.fbi.gov/foia.
2
Please check the status of your request online at https://vault.fbi.gov by clicking on the "Check Status of Your FOI/PA Request" link on the right side of
the page. Status updates are performed on a weekly basis.
From:Shenkman,Drew[mailto:Drew.Shenkman@turner.com]
Sent:Wednesday,June07,20173:45PM
To:FOIPAQUESTIONS<FOIPAQUESTIONS@ic.fbi.gov>;Hardy,DavidM.(RMD)(FBI)<dmhardy@fbi.gov>
<Adam.S.Levine@turner.com>;Kupperman,Tammy<Tammy.Kupperman@turner.com>
Subject:Fwd:FinalDisposition,AppealDOJAP2017004349
Mr. Hardy,
I am an attorney for CNN and journalist Greg Wallace. As you may already be aware, DOJ granted CNN's appeal and
remanded our request for expedited processing of former Director Comey's memos of his interactions with President
Trump, as described more fully in our original request #1374094 (appeal decision attached).
Given that today Mr. Comey publicly confirmed that the memos exist, are not classified, and he divulged the details of
those memos, it would now be appropriate for the FBI to comply with CNN's FOIA request immediately.
Please let us know when we can expect the documents today.
Many thanks,
Drew Shenkman
Senior Counsel, CNN
Begin forwarded message:
From: "OIP-NoReply@usdoj.gov" <OIP-NoReply@usdoj.gov>

Date: June 2, 2017 at 11:56:34 AM EDT
To: "drew.shenkman@turner.com" <drew.shenkman@turner.com>
Subject: Final Disposition, Appeal DOJ-AP-2017-004349
DOJ-AP-2017-004349 has been processed with the following final disposition: Completely
reversed/remanded.
3
EXHIBIT I
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 FBIs
FOIA Public Liaison by emailing foipaquestions@ic.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
CIVIL COVER SHEET
JS-44 (Rev. 6/17 DC)
I. (a) PLAINTIFFS DEFENDANTS
CABLE NEWS NETWORK, INC. FEDERAL BUREAU OF INVESTIGATION
One CNN Center 935 Pennsylvania Avenue, N.W.
Atlanta, GA 30303 Washington, D.C. 20535-0001
(b) COUNTY OF RESIDENCE OF FIRST LISTED PLAINTIFF _____________________ COUNTY OF RESIDENCE OF FIRST LISTED DEFENDANT _____________________
(EXCEPT IN U.S. PLAINTIFF CASES) (IN U.S. PLAINTIFF CASES ONLY)
NOTE: IN LAND CONDEMNATION CASES, USE THE LOCATION OF THE TRACT OF LAND INVOLVED
(c) ATTORNEYS (FIRM NAME, ADDRESS, AND TELEPHONE NUMBER) ATTORNEYS (IF KNOWN)
Charles D. Tobin and Adrianna C. Rodriguez

Ballard Spahr LLP
1909 K Street NW - 12th Floor, Washington, D.C. 20006
202-661-2202 | 202-661-2299 fax
II. BASIS OF JURISDICTION III. CITIZENSHIP OF PRINCIPAL PARTIES (PLACE AN x IN ONE BOX FOR
(PLACE AN x IN ONE BOX ONLY) PLAINTIFF AND ONE BOX FOR DEFENDANT) FOR DIVERSITY CASES ONLY!
PTF DFT PTF DFT
o 1 U.S. Government o 3 Federal Question
Plaintiff (U.S. Government Not a Party) Citizen of this State o1 o1 Incorporated or Principal Place o4 o4
of Business in This State
o 2 U.S. Government o 4 Diversity Citizen of Another State o2 o2 Incorporated and Principal Place o5 o5
Defendant (Indicate Citizenship of
of Business in Another State
Parties in item III) Citizen or Subject of a
Foreign Country
o3 o3 Foreign Nation o6 o6
IV. CASE ASSIGNMENT AND NATURE OF SUIT
(Place an X in one category, A-N, that best represents your Cause of Action and one in a corresponding Nature of Suit)
o A. Antitrust o B. Personal Injury/ o C. Administrative Agency o D. Temporary Restraining
Malpractice Review Order/Preliminary
410 Antitrust Injunction
310 Airplane 151 Medicare Act
315 Airplane Product Liability Any nature of suit from any category
320 Assault, Libel & Slander Social Security
may be selected for this category of
861 HIA (1395ff)
330 Federal Employers Liability case assignment.
862 Black Lung (923)
340 Marine
863 DIWC/DIWW (405(g)) *(If Antitrust, then A governs)*
345 Marine Product Liability
864 SSID Title XVI
350 Motor Vehicle
865 RSI (405(g))
355 Motor Vehicle Product Liability
Other Statutes
360 Other Personal Injury
891 Agricultural Acts
362 Medical Malpractice
893 Environmental Matters
365 Product Liability
890 Other Statutory Actions (If
367 Health Care/Pharmaceutical
Administrative Agency is
Personal Injury Product Liability
Involved)
368 Asbestos Product Liability
o E. General Civil (Other) OR o F. Pro Se General Civil

Real Property Bankruptcy Federal Tax Suits 462 Naturalization
210 Land Condemnation 422 Appeal 27 USC 158 870 Taxes (US plaintiff or Application
220 Foreclosure 423 Withdrawal 28 USC 157 defendant) 465 Other Immigration
230 Rent, Lease & Ejectment 871 IRS-Third Party 26 USC Actions
240 Torts to Land Prisoner Petitions 7609 470 Racketeer Influenced
245 Tort Product Liability 535 Death Penalty
& Corrupt Organization
540 Mandamus & Other Forfeiture/Penalty
290 All Other Real Property 480 Consumer Credit
550 Civil Rights 625 Drug Related Seizure of
Property 21 USC 881 490 Cable/Satellite TV
Personal Property 555 Prison Conditions
690 Other 850 Securities/Commodities/
370 Other Fraud 560 Civil Detainee Conditions
Exchange
371 Truth in Lending of Confinement
Other Statutes 896 Arbitration
380 Other Personal Property
375 False Claims Act 899 Administrative Procedure
Damage Property Rights
820 Copyrights 376 Qui Tam (31 USC Act/Review or Appeal of
385 Property Damage
830 Patent 3729(a)) Agency Decision
Product Liability
835 Patent Abbreviated New 400 State Reapportionment 950 Constitutionality of State
Drug Application 430 Banks & Banking Statutes
840 Trademark 450 Commerce/ICC 890 Other Statutory Actions
Rates/etc. (if not administrative agency
460 Deportation review or Privacy Act)
o G. Habeas Corpus/ o H. Employment o I. FOIA/Privacy Act o J. Student Loan
2255 Discrimination
530 Habeas Corpus General 442 Civil Rights Employment 895 Freedom of Information Act 152 Recovery of Defaulted
510 Motion/Vacate Sentence (criteria: race, gender/sex, 890 Other Statutory Actions Student Loan
463 Habeas Corpus Alien national origin, (if Privacy Act) (excluding veterans)
Detainee discrimination, disability, age,
religion, retaliation)
*(If pro se, select this deck)* *(If pro se, select this deck)*
o K. Labor/ERISA o L. Other Civil Rights o M. Contract o N. Three-Judge

(non-employment) (non-employment) Court
110 Insurance
710 Fair Labor Standards Act 441 Voting (if not Voting Rights 120 Marine 441 Civil Rights Voting
720 Labor/Mgmt. Relations Act) 130 Miller Act (if Voting Rights Act)
740 Labor Railway Act 443 Housing/Accommodations 140 Negotiable Instrument
751 Family and Medical 440 Other Civil Rights 150 Recovery of Overpayment
Leave Act 445 Americans w/Disabilities & Enforcement of
790 Other Labor Litigation Employment Judgment
791 Empl. Ret. Inc. Security Act 446 Americans w/Disabilities 153 Recovery of Overpayment
Other of Veterans Benefits
448 Education 160 Stockholders Suits
190 Other Contracts
195 Contract Product Liability
196 Franchise
V. ORIGIN
o 1 Original o 2 Removed o 3 Remanded o 4 Reinstated o 5 Transferred o 6 Multi-district o 7 Appeal to o 8 Multi-district
Proceeding from State from Appellate or Reopened from another Litigation District Judge Litigation
Court Court district (specify) from Mag. Direct File
Judge
VI. CAUSE OF ACTION (CITE THE U.S. CIVIL STATUTE UNDER WHICH YOU ARE FILING AND WRITE A BRIEF STATEMENT OF CAUSE.)
Freedom of Information Act ("FOIA"), 5 U.S.C. 552, suit for declaratory and injunctive relief
VII. REQUESTED IN CHECK IF THIS IS A CLASS DEMAND $ Check YES only if demanded in complaint
COMPLAINT ACTION UNDER F.R.C.P. 23
JURY DEMAND: YES NO
VIII. RELATED CASE(S)
IF ANY
(See instruction)
YES NO If yes, please complete related case form
6/15/17
DATE: _________________________ /s/ Charles D. Tobin
SIGNATURE OF ATTORNEY OF RECORD _________________________________________________________
INSTRUCTIONS FOR COMPLETING CIVIL COVER SHEET JS-44

Authority for Civil Cover Sheet
The JS-44 civil cover sheet and the information contained herein neither replaces nor supplements the filings and services of pleadings or other papers as required
by law, except as provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for the use of the
Clerk of Court for the purpose of initiating the civil docket sheet. Consequently, a civil cover sheet is submitted to the Clerk of Court for each civil complaint filed.
Listed below are tips for completing the civil cover sheet. These tips coincide with the Roman Numerals on the cover sheet.
I. COUNTY OF RESIDENCE OF FIRST LISTED PLAINTIFF/DEFENDANT (b) County of residence: Use 11001 to indicate plaintiff if resident
of Washington, DC, 88888 if plaintiff is resident of United States but not Washington, DC, and 99999 if plaintiff is outside the United States.
III. CITIZENSHIP OF PRINCIPAL PARTIES: This section is completed only if diversity of citizenship was selected as the Basis of Jurisdiction
under Section II.
IV. CASE ASSIGNMENT AND NATURE OF SUIT: The assignment of a judge to your case will depend on the category you select that best
represents the primary cause of action found in your complaint. You may select only one category. You must also select one corresponding
nature of suit found under the category of the case.
VI. CAUSE OF ACTION: Cite the U.S. Civil Statute under which you are filing and write a brief statement of the primary cause.
VIII. RELATED CASE(S), IF ANY: If you indicated that there is a related case, you must complete a related case form, which may be obtained from
the Clerks Office.
Because of the need for accurate and complete information, you should ensure the accuracy of the information provided prior to signing the form.
FOIA SummRQs
1/1
UNITED STATES DISTRICT COURT

CABLE NEWS NETWORK, INC.

)
Plaintiff )
)
v. ) Civil Action No. 1:17-cv-01167
)
Defendant )
SUMMONS IN A CIVIL ACTION
To: (Defendants name and address)

Federal Bureau of Investigation
935 Pennsylvania Avenue, N.W.
A lawsuit has been filed against you.
Within 30 days after service of this summons on you (not counting the day you received it) you must
serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 of the Federal Rules of
Civil Procedure. The answer or motion must be served on the plaintiff or plaintiffs attorney, whose name and
address are:
Charles D. Tobin
Adrianna C. Rodriguez
BALLARD SPAHR LLP
Telephone: 202-661-2200
Facsimile: 202-661-2299
If you fail to respond, judgment by default may be entered against you for the relief demanded in the
complaint. You also must file your answer or motion with the court.
ANGELA D. CAESAR, CLERK OF COURT
Date:
Signature of Clerk or Deputy Clerk
)2,$6XPPRQV3DJH
&LYLO$FWLRQ1R 1:17-cv-01167
PROOF OF SERVICE
(This section should not be filed with the court unless required by Fed. R. Civ. P. 4 (l))
7KLVVXPPRQVIRU(name of individual and title, if any)

ZDVUHFHLYHGE\PHRQ(date)
u ,SHUVRQDOO\VHUYHGWKHVXPPRQVRQWKHLQGLYLGXDODW (place)
RQ(date) RU
u ,OHIWWKHVXPPRQVDWWKHLQGLYLGXDOVUHVLGHQFHRUXVXDOSODFHRIDERGHZLWK(name)
DSHUVRQRIVXLWDEOHDJHDQGGLVFUHWLRQZKRUHVLGHVWKHUH
RQ(date) DQGPDLOHGDFRS\WRWKHLQGLYLGXDOVODVWNQRZQDGGUHVVRU
u ,VHUYHGWKHVXPPRQVRQ(name of individual) ZKRLV

GHVLJQDWHGE\ODZWRDFFHSWVHUYLFHRISURFHVVRQEHKDOIRI(name of organization)
RQ(date) RU
u ,UHWXUQHGWKHVXPPRQVXQH[HFXWHGEHFDXVH RU
u 2WKHU(specify):

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,GHFODUHXQGHUSHQDOW\RISHUMXU\WKDWWKLVLQIRUPDWLRQLVWUXH
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Servers signature
Printed name and title
Servers address
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FOIA SummRQs
1/1


)
Plaintiff )
)
)
Defendant )

Jeff Sessions
Attorney General of the United States
145 N. Street, N.E.
Washington, D.C. 20002
address are:
Charles D. Tobin
BALLARD SPAHR LLP
Telephone: 202-661-2200
Facsimile: 202-661-2299
Date:
)2,$6XPPRQV3DJH
PROOF OF SERVICE

RQ(date) RU

RQ(date) RU
u 2WKHU(specify):

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Servers signature
Servers address
FOIA SummRQs
1/1


)
Plaintiff )
)
)
Defendant )

Channing D. Phillips
United States Attorney for the District of Columbia
Judicial Center Building
555 Fourth Street, NW
Washington, D.C. 20530
address are:
Charles D. Tobin
BALLARD SPAHR LLP
Telephone: 202-661-2200
Facsimile: 202-661-2299
Date:
)2,$6XPPRQV3DJH
PROOF OF SERVICE

RQ(date) RU

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CNN V FBI Complaint PDF

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CNN V FBI Complaint PDF

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Case 1:17-cv-01167 Document 1 Filed 06/15/17 Page 1 of 8

IN THE UNITED STATES DISTRICT COURT

CABLE NEWS NETWORK, INC., )

COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF

of Investigation (FBI). In support thereof, CNN states as follows:

1. This is an action brought pursuant to the Freedom of Information Act (FOIA), 5

release of those records.

respond to the request within the time required by the FOIA.

3. Plaintiff CNN is a 24-hour cable news channel headquartered in Atlanta, Georgia.

organization in the United States.

4. Defendant FBI is a component of the DOJ, a department of the Executive Branch

possession and control of the records requested by CNN.

JURISDICTION AND VENUE

6. Venue is proper in this judicial district under 5 U.S.C. 552(a)(4)(B).

7. President Trump fired FBI Director Comey on May 9, 2017.

8. Comey had been overseeing a criminal investigation into whether President

President (the Comey memos).

Comey to the FBI.

2017 request is attached as Exhibit A. 1

the eFOIPA confirmation is attached as Exhibit B.

FBIs May 23, 2017 letter is attached as Exhibit C.

2017 letter denying expedited processing is attached as Exhibit D.

26, 2017 appeal is attached as Exhibit E.

as practicable. A copy of OIPs June 2, 2017 letter is attached as Exhibit F.

specifically noted that the Comey memos are not classified.

Section Chief, Record/Information Dissemination Section, Records Management Division, as to

CNNs June 7, 2017 email to Mr. Hardy is attached as Exhibit G.

He reiterated that the memos were not classified.

of the FBIs June 8, 2017 email is attached as Exhibit H.

of the FBIs June 12, 2017 email is attached as Exhibit H.

amount of the FBIs time or resources.

CLAIM FOR RELIEF

set forth herein.

withheld from the complainant. 5 U.S.C. 552(a)(4)(B).

CNN. It has not produced any of the requested records.

CNN is entitled to immediately receive the records referenced above.

REQUEST FOR RELIEF

WHEREFORE, Plaintiff respectfully requests that this Court:

2017, public records request;

CNN, unredacted, and without further delay;

D. Provide for expeditious proceedings in this action;

pursuant to 5 U.S.C. 552(a)(4)(E); and

By: /s/ Charles D. Tobin

Counsel for Plaintiff Cable News Network, Inc.

Dated: June 15, 2017

May 16, 2017

Record/Information Dissemination Section

To Whom it May Concern:

Thank you for your assistance.

To: Wallace, Gregory <gregory.wallace@turner.com>;

Organization Representative Information

Proof Of Affiliation for Fee Waiver

NonIndividual FOIA Request

ONE CNN CENTER Atlanta, GA 30303-2762

May 26, 2017

VIA FOIA Online Portal

Director FOIA APPEAL

Re: CNNS FREEDOM OF INFORMATION ACT APPEAL

To Whom It May Concern:

CERTIFICATION FOR EXPEDITED APPEAL PROCESSING

cc: Gregory Wallace, Producer, CNN

Telephone: (202) 514-3642

Drew E. Shenkman, Esq.

u ,VHUYHGWKHVXPPRQVRQ(name of individual) ZKRLV

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