Professional Documents
Culture Documents
Joseph Zernik
PO Box 526, La Verne, CA 91750 DN: cn=Joseph
Zernik, o, ou,
Fax: 323.488.9697; Email: jz12345@earthlink.net email=jz12345@earthl
ink.net, c=US
Blog: http://human-rights-alert.blogspot.com/ Date: 2011.05.23
11:52:55 +03'00'
Scribd: http://www.scribd.com/Human_Rights_Alert
11-05-23 RE: FEC FOIA No. 2011-46 in re: Citizens United v Federal Elections Commission,
2nd Zernik’s Reply on FEC’s 2nd FOIA Response
Attached:
RE: 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) in the US Supreme Court
and Citizens United v Federal Election Commission (1:07-cv-02240) in the US District Court, DC
I would be grateful if you could please follow up on Request #2011-46, as detailed below:
1) RE: Judgment of the US Supreme Court as served on the Federal Election Commission
The Judgment record of the US Supreme Court, which you provided, is obviously derived from the
PACER docket of the US District Court, and is NOT the record of the Supreme Court Judgment as
served upon the Federal Election Commission. In your response you imply that no additional such
record exists with the Commission. I would be grateful if you could explicitly answer the question:
Is there on file with the Federal Election Commission a record of the US Supreme Court
Judgment in Citizens United v Federal Election Commision (corresponding to Dkt #73 in the
US District Court), as served on the Federal Election Commission by the US Supreme Court?
2) RE: NEF of the Judgment (Dkt #73), as docketed by the US District Court, DC
The NEF of Dkt #73, which you provided in your response, lists the person who issued the Notice only
as "znmw".
Would you please be able to confirm (to the degree that such question is permitted under
FOIA) the identity of the individual, who issued the NEF of the Judgment (Dkt #73) in the US
District Court, and whether that individual was in fact a Clerk of the Court or Deputy Clerk of
the Court?
The docket of Citizens United v Federal Election Committee (1:07-cv-02240) in the US District Court,
DC, lists:
a) 12/13/2007 Dkt # (none) SUMMONS (3) Issued as to FEDERAL ELECTION COMMISSION, U.S.
Attorney and U.S. Attorney General. (jf, ) (Entered: 12/14/2007)
These are the only entries in the docket, pertaining to the Summons on Federal Election Commission.
Between the three entries, only Dkt #15 includes a copy of the summons as executed. However, the
copy that was filed with the US District Court fails to show the Seal of the Court, and that may be the
outcome of photocopying or scanning.
Would you please be able to provide a copy of the Summons as served on the Federal
Election Commission from the Commission's files, showing the Seal of the Court?
Alternatively, if the copy on file with the Commission does not show the Seal of the Court,
would you please provide the copy of the record as is, and explicitly state in your reply that the
record, as found on file with the Commission, does not show the Seal of the Court?
I would be grateful if you provide your response on these questions with a PDF cover letter signed by
you.
Thank you again, and with this follow up I hope to conclude this FOIA request.
Truly,
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From: FOIA@fec.gov
To: joseph zernik <jz12345@earthlink.net>
Subject: Re: Fwd: Reply on your May 9, 2011 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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Hi Mr. Zernik,
I've attached the Notice of Electronic Filing you requested as well as a pdf signed copy of my originial
response letter to you. This is the only additional information that we have.
Sincerely,
______________
05/17/2011 05:56 AM
To FOIA@fec.gov
cc
Subject Fwd: Reply on your May 9, 2011 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)
Please confirm receipt of my May 10, 2011 Reply on FEC FOIA-Response No. 2011-46, copied below,
and the attached PDF record.
Truly,
Subject: Reply on your May 9, 2011 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)
Please accept the attached, [1] as my reply on your May 9, 2011 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).
Truly,
Attached:
[1] 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)
______________
May 9, 2011
VIA E-MAIL
Dr. Joseph Zernik
2231 South Ct.
Palo Alto, CA 94301
Jz12345@earthlink.net
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:
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
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.
z Page 6/6 May 23, 2011
Sincerely,
11-05-10 Reply on FEC Response on FEC Freedom of Information Act (FOIA) Request, No. 2011-46-s,.pdf
Zernik 2011-46.pdf
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
11-05-10 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)
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 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,
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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From: FOIA@fec.gov
To: Jz12345@earthlink.net
Subject: Your Freedom of Information Act Request to the Federal Election Commission
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
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:
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,
Judgment.pdf
Case 1:07-cv-02240-RCL-RWR Document 73 Filed 02/24/10 Page 1 of 1
CITIZENS UNITED,
Appellant
v.
APPEAL FROM the United States District Court for the District of
Columbia.
Court that the judgment of the above court is reversed with respect to the constitutionality
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
one-half costs from Federal Election Commission One Thousand Three Hundred Fifty-
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***NOTE TO PUBLIC ACCESS USERS*** Judicial Conference of the United States
policy permits attorneys of record and parties in a case (including pro se litigants) to
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by law or directed by the filer. PACER access fees apply to all other users. To avoid later
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referenced document is a transcript, the free copy and 30 page limit do not apply.
District of Columbia
The following transaction was entered on 2/24/2010 at 9:06 AM EDT and filed on 2/24/2010
CITIZENS UNITED v. FEDERAL ELECTION
Case Name:
COMMISSION
Case Number: 1:07-cv-02240-RCL-RWR
Filer:
WARNING: CASE CLOSED on 07/18/2008
Document
73
Number:
Docket Text:
US SUPREME COURT JUDGMENT as to [67] Notice of Appeal, filed by CITIZENS
UNITED (znmw, )
Jeffrey P. Gallant
BOPP, COLESON & BOSTROM
1 South Sixth Street
Terre Haute, IN 47807-3510