Case 1:17-cv-00645-RC Document 9 Filed 05/22/17 Page 1 of 8

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLUMBIA
____________________________________
)
AMERICAN CENTER FOR )
LAW AND JUSTICE, )
)
Plaintiff, )
)
v. ) Civil Action No. 17-cv-00645
)
NATIONAL SECURITY AGENCY, et al., )
)
)
)
Defendants. )
___________________________________ )

DEFENDANTS ANSWER TO PLAINTIFFS COMPLAINT

Defendants National Security Agency (NSA) and the Office of the Director of National

Intelligence (ODNI) (collectively, Defendants) hereby answer the Complaint filed by

Plaintiff American Center for Law and Justice (the Complaint) (Dkt. No. 1). The introductory,

non-numbered paragraph contains Plaintiffs characterization of this lawsuit, to which no

response is required. Defendants answer the Complaint in the following numbered paragraphs,

which correspond to the Complaints numbered paragraphs:

1. This paragraph contains legal conclusions, to which no response is required.

2. This paragraph contains legal conclusions, to which no response is required.

3. This paragraph contains legal conclusions, to which no response is required.

4. This paragraph contains legal conclusions, to which no response is required.

5. Defendants lack knowledge or information sufficient to form a belief as to the

truth of the allegations of this paragraph.

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6. Defendants admit that the NSA is an agency of the United States within the

meaning of 5 U.S.C. 552(f)(1). The second sentence contains legal conclusions, to which no

response is required.

7. Defendants admit that ODNI is an agency of the United States within the meaning

of 5 U.S.C. 552(f)(1). The second sentence contains legal conclusions, to which no response is

required.

8. This paragraph consists of Plaintiffs characterization of the Freedom of

Information Request (FOIA) request it submitted to the NSA, to which no response is required.

To the extent a response is deemed required, Defendants respectfully refer the Court to the

request for a full and accurate statement of its contents.

9. This paragraph consists of Plaintiffs characterization of the FOIA request it

submitted to ODNI, to which no response is required. To the extent a response is deemed

required, Defendants respectfully refer the Court to the request for a full and accurate statement

of its contents.

10. This paragraph includes Plaintiffs characterization of the FOIA requests, to

which no response is required. To the extent a response is deemed required, Defendants

respectfully refer the Court to the requests for a full and accurate statement of its contents.

11. This paragraph includes Plaintiffs characterization of the FOIA requests, to

which no response is required. To the extent a response is deemed required, Defendants

respectfully refer the Court to the requests for a full and accurate statement of its contents.

12. This paragraph includes Plaintiffs characterization of the FOIA requests, to

which no response is required. To the extent a response is deemed required, Defendants

respectfully refer the Court to the requests for a full and accurate statement of its contents.

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13. This paragraph includes Plaintiffs characterization of the FOIA requests, to

which no response is required. To the extent a response is deemed required, Defendants

respectfully refer the Court to the requests for a full and accurate statement of its contents.

14. This paragraph includes Plaintiffs characterization of the FOIA requests, to

which no response is required. To the extent a response is deemed required, Defendants

respectfully refer the Court to the requests for a full and accurate statement of its contents.

15. This paragraph includes Plaintiffs characterization of the FOIA requests, to

which no response is required. To the extent a response is deemed required, Defendants

respectfully refer the Court to the requests for a full and accurate statement of its contents.

16. This paragraph includes Plaintiffs characterization of the FOIA requests, to

which no response is required. To the extent a response is deemed required, Defendants

respectfully refer the Court to the requests for a full and accurate statement of its contents.

17. Admit.

18. Admit.

19. Admit.

20. Defendants admit that the NSA sent a letter to Plaintiff dated March 8, 2017. The

remainder of this paragraph includes Plaintiffs characterization of the March 8, 2017 letter, to

which no response is required. To the extent a response is deemed required, Defendants

respectfully refer the Court to the letter for a full and accurate statement of its contents.

21. Defendants admit that the NSA sent a letter to Plaintiff, dated March 8, 2017,

which included as an attachment a copy of Plaintiffs FOIA request. Defendants also admit that

the attached copy of Plaintiffs FOIA request included a date stamp of March 1, 2017, and the

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word Recd. Defendants deny the remaining allegations in this paragraph, which include

terms that are vague and ambiguous.

22. Defendants admit that the NSA did not provide a final determination regarding

Plaintiffs FOIA request within 20 days of receiving the request.

23. Admit.

24. Admit.

25. This paragraph consists of Plaintiffs arguments, statements of law, or legal

conclusions, to which no response is required. To the extent a response is deemed required,

Defendants admit the allegations.

26. Defendants admit that ODNI sent a letter to Plaintiff dated March 10, 2017. The

remainder of this paragraph includes Plaintiffs characterization of the March 10, 2017 letter, to

which no response is required. To the extent a response is deemed required, Defendants

respectfully refer the Court to the letter for a full and accurate statement of its contents.

27. Defendants admit that ODNI did not provide a final determination regarding

Plaintiffs FOIA request within 20 days of receiving the request.

28. Admit.

29. Admit.

30. This paragraph consists of Plaintiffs arguments, statements of law, or legal

conclusions, to which no response is required. To the extent a response is deemed required,

Defendants admit the allegations.

31. Defendants lack knowledge or information sufficient to form a belief as to the

truth of the allegations of this paragraph.

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32. Defendants repeat and incorporate by reference their responses to paragraphs 1 to

31 of the Complaint.

33. This paragraph consists of Plaintiffs arguments, statements of law, or legal

conclusions, to which no response is required.

34. This paragraph consists of Plaintiffs arguments, statements of law, or legal

conclusions, to which no response is required.

35. This paragraph consists of Plaintiffs arguments, statements of law, or legal

conclusions, to which no response is required.

36. This paragraph consists of Plaintiffs arguments, statements of law, or legal

conclusions, to which no response is required.

37. This paragraph consists of Plaintiffs arguments, statements of law, or legal

conclusions, to which no response is required.

38. Admit.

39. This paragraph consists of Plaintiffs arguments, statements of law, or legal

conclusions, to which no response is required.

40. This paragraph consists of Plaintiffs arguments, statements of law, or legal

conclusions, to which no response is required.

41. This paragraph consists of Plaintiffs arguments, statements of law, or legal

conclusions, to which no response is required. To the extent a response is deemed required,

Defendants admit the allegations.

42. This paragraph consists of Plaintiffs arguments, statements of law, or legal

conclusions, to which no response is required.

43. This paragraph consists of Plaintiffs arguments, statements of law, or legal

conclusions, to which no response is required.

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44. This paragraph consists of Plaintiffs arguments, statements of law, or legal

conclusions, to which no response is required.

45. This paragraph consists of Plaintiffs arguments, statements of law, or legal

conclusions, to which no response is required.

46. This paragraph consists of Plaintiffs arguments, statements of law, or legal

conclusions, to which no response is required.

47. This paragraph consists of Plaintiffs arguments, statements of law, or legal

conclusions, to which no response is required.

48. This paragraph consists of Plaintiffs arguments, statements of law, or legal

conclusions, to which no response is required.

49. This paragraph contains Plaintiffs requested relief, to which no response is

required. To the extent a response is deemed necessary, Defendants deny the allegations

contained in the paragraph and aver that Plaintiff is not entitled to any relief. Defendants also

deny all allegations in the Complaint not expressly admitted or denied.

DEFENSES

FIRST DEFENSE

All or part of the Complaint fails to state a claim upon which relief can be granted

because it does not present a valid FOIA request by failing to reasonably describe the records

sought. See 5 U.S.C. 552(a)(3)(A)(i).

SECOND DEFENSE

Some or all of the requested documents and information are exempt from disclosure. See

5 U.S.C. 552(b).

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THIRD DEFENSE

Defendants have exercised due diligence in processing Plaintiffs FOIA requests and

exceptional circumstances exist that necessitate additional time for Defendants to complete the

processing of the FOIA request. See 5 U.S.C. 552(a)(6)(C).

WHEREFORE, having fully answered the claims in Plaintiffs Complaint, Defendants

assert that Plaintiff is not entitled to the relief requested, or to any relief whatsoever.

Accordingly, Defendants request that they be given such other relief as the Court deems just and

proper.

Dated: May 22, 2017 Respectfully submitted,

CHAD A. READLER
Acting Assistant Attorney General

MARCIA BERMAN
Assistant Director, Federal Programs Branch

/s/ Stephen M. Elliott

STEPHEN M. ELLIOTT (PA Bar# 203986)
Trial Attorney
United States Department of Justice
Civil Division, Federal Programs Branch
20 Massachusetts Avenue, N.W., Room 7318
Washington, D.C. 20530
Tel: (202) 305-8177
Email: stephen.elliott@usdoj.gov

Counsel for Defendants

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CERTIFICATE OF SERVICE

I hereby certify that on May 22, 2017, I electronically transmitted the foregoing to the

clerk of court for the United States District Court for the District of Columbia using the CM/ECF

filing system.

/s/ Stephen M. Elliott

STEPHEN M. ELLIOTT
Trial Attorney
United States Department of Justice
Civil Division, Federal Programs Branch
20 Massachusetts Avenue, N.W., Room 7318
Washington, D.C. 20530