Digitally signed

Human Rights Alert by Joseph Zernik

DN: cn=Joseph
PO Box 526, La Verne, CA 91750 Zernik, o, ou,
Fax: 323.488.9697; Email: jz12345@earthlink.net email=jz12345@e
arthlink.net, c=US
Blog: http://human-rights-alert.blogspot.com/ Date: 2011.05.10
Scribd: http://www.scribd.com/Human_Rights_Alert 02:20:33 +03'00'

11-05-10 Reply on FEC Response on FEC Freedom of Information Act (FOIA) Request, No.
2011-46, in re: February 22, 2010 Judgment in Citizens United v Federal Election
Commission (08-805)

Sally R. Bacon, Esq.

FOIA Requester Service Center
Federal Election Commission

Dear Attorney Bacon:

Thank you for the expedient response on my FOIA Request NO 2011-46 in re: February 22,
2010 Judgment in Citizens United v Federal Election Commission (08-805) and the respective
certificate of attestation/authentication by the Clerk of the Court.
Regarding your response, dated May 9, 2011 (attached):
1) I would be grateful if you could provide, as a PDF attachment, a signed copy of your
response letter, dated May 9, 2011. The email response was unsigned.
2) The record, which you provided as Judgment is a record, which bears a stamp indicating
that it is a true copy of an unsigned original record. The stamp itself is signed, but not
dated. Moreover, the name and authority of the person who signed the stamp (Cynthia
Rapp?) were not printed below the signature line.
In case you have a signed record of the Judgment in Citizens United v Federal Election
Commission, I would be grateful if you could provide such record. If no signed Judgment
record exists, please state so explicitly in your response.
3) The record, which you provided, did not include true attestation/authentication by the
Clerk of the Supreme Court of the United States.
Copied below are two types of certificates of attestation/authentication from the US courts.
Figure 1 is a paper based Certificate of Service. Figure 2 is an NEF (Notice of Electronic
Filing), deemed by the US courts as the electronic equivalent.
I would be grateful if you could provide an equivalent Notice, or Certificate of Service by
the Clerk of the US Supreme Court, if any exists, dated February 22, 2011, as indicated in
the docket of the US Supreme Court.
If no equivalent certificate of attestation/authentication by the Clerk of the US Supreme
Court exists, please state so explicitly in your response.
z Page 2/3 May 10, 2011

UNITED STATES DISTRICT COURT

FOR THE
DISTRICT OF <name of district>

<name1>, Case Number: <number>

Plaintiff,
v.
<name2>, CERTIFICATE OF SERVICE
Defendant.

I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. District Court,
Northern District of California.
That on <date>, I SERVED a true and correct copy(ies) of the attached, by placing said copy(ies) in
a postage paid envelope addressed to the person(s) hereinafter listed, by depositing said envelope
in the U.S. Mail, or by placing said copy(ies) into an inter-office delivery receptacle located in the
Clerk's office.
<service list>
Dated: <date>
<name of individual>, Clerk
[wet graphic signature]

________________________
By: <name of individual>, Deputy Clerk

Figure 1: Paper form of Certificate of Service by the Clerk of a US court.

Figure 2. Electronic Certificate of Authentication (NEF – Notice of Electronic Filing) from litigation
of SEC v BAC (1:09-cv-06829) in the US District Court, Southern District of New York.
z Page 3/3 May 10, 2011

4) To the degree that the record that you provided was filed on February 24, 2010 in the US
Court, District of Columbia, under Citizens United v Federal Election Commission (1:07-
cv-02240, Dkt #73, please accept this notice as a new FOIA request, for the NEF (Notice
of Electronic Filing) by the Clerk of the US Court, District of Columbia, pertaining to the
filing and entry of record, Dkt #73. The NEF should have been received by the attorneys
for the Federal Election Commission, and therefore, should be in your possession.

Truly,

Joseph Zernik, PhD

Human Rights Alert (NGO)
Human Rights Alert
PO Box 526, La Verne, CA 91750
Fax: 323.488.9697; Email: jz12345@earthlink.net
Blog: http://human-rights-alert.blogspot.com/
Scribd: http://www.scribd.com/Human_Rights_Alert

11-05-09 FEC Response on FEC Freedom of Information Act (FOIA) Request, No.
2011-46, in re: February 22, 2010 Judgment in Citizens United v Federal
Election Commission (08-805)

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2011-46
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May 9, 2011

VIA E-MAIL
Dr. Joseph Zernik
2231 South Ct.
Palo Alto, CA 94301
Jz12345@earthlink.net

Subject: FEC Freedom of Information Act (FOIA) Request, No. 2011-46

Dear Dr. Zernik,

This letter responds to your FOIA request to the Federal Election Commission (FEC or Commission) received
April 22, 2011. You requested the following records pertaining to the litigation of Citizens United v Federal
Elections Commission (08-805) in the Supreme Court of the United States:

1) February 22, 2010 Judgment; and 2) the respective certificate of

attestation/authentication by the Clerk of the Court.

We are granting your request in full. We have attached the requested judgment. Please note that the clerk's
attestation is located on the judgment itself.

You may appeal any adverse FOIA determination. Any such appeal must be filed in writing and should follow the
z Page 2/2 May 10, 2011

guidelines set forth in 11 C.F.R. 4.8. If you have any questions, please contact the FOIA Requester Service Center
at FOIA@fec.gov, or (202) 694-1650.

Sincerely,

Sally R. Bacon, Esq.

FOIA Requester Service Center

Judgment.pdf
 Case 1:07-cv-02240-RCL-RWR Document 73 Filed 02/24/10 Page 1 of 1

Supreme Court of the United States

No. 08-322

CITIZENS UNITED,
Appellant
v.

FEDERAL ELECTION COMMISSION

APPEAL FROM the United States District Court for the District of

Columbia.

THIS CAUSE came on to be heard on the transcript of the record from

the above court and was argued by counsel.

ON CONSIDERATION WHEREOF, it is ordered and adjudged by this

Court that the judgment of the above court is reversed with respect to the constitutionality

of 2 U.S.C. §441b’s restrictions on corporate independent expenditures. The judgment is

affirmed with respect to BCRA’s disclaimer and disclosure requirements. The case is

remanded to the United States District Court for the District of Columbia for further

proceedings consistent with the opinion of this Court.

IT IS FURTHER ORDERED that the appellant Citizens United recover

one-half costs from Federal Election Commission One Thousand Three Hundred Fifty-

eight Dollars ($1,358.00) for costs herein expended.

January 21, 2010

Printing of record: $2,417.00

Clerk’s costs: 300.00
Total: $2,717.00

One-half costs: $1,358.50