July 20, 2021
WASHINGTON, D.C. — Today, Citizens United filed a Freedom of Information
Act (FOIA) lawsuit against the Department of State for records relating to
Secretary of State Antony Blinken’s relationship with WestExec Advisors.
The FOIA request associated with the lawsuit is summarized below:
All emails, letters, and/or memos sent to or from or drafted by the
following Department of State employees: Antony Blinken,
Secretary of State; Suzy George, Chief of Staff; Kamala
Lakhdhir, Executive Secretary; Howard Van Vranken, Executive
Director and Deputy Executive Secretary, Executive Secretariat;
Tressa Finerty, Deputy Executive Secretary, Executive
Secretariat; Marc Shaw, Deputy Executive Secretary, Executive
Secretariat; Stephanie Syptak-Ramnath, Deputy Executive
Secretary, Executive Secretariat; Richard Visek, Acting Legal
Adviser, Office of the Legal Adviser; Derek Chollet, Counselor;
Marc Ostfield, Ombudsman; Asel Roberts, Acting Chief of
Protocol; Ned Price, Department Spokesperson; Jalina Porter,
Principal Deputy Spokesperson; John Ice, Deputy Spokesperson;
and/or Carol Z. Perez, Acting Under Secretary of State for
Management including the following terms: WestExec;
WestExec Advisors, LLD; WestExec Ventures, LLC; WestExec
Capital Partners, LLC; Investments, LLC; Pine Island Capital
Partners, LP; Recusal; Recuse; Certificate of Divestiture;
Financial interest; Predictably affected; and/or Certification of
Ethics Agreement Compliance.
The time period covered by the FOIA request is January 20, 2021 to May 6,
2021. See below to view the complaint as filed.
1006 Pennsylvania Avenue SE_% Washington, DC 20003
Phone: (202) 547-5420 Fax: (202) 54 * citizensunited.org
‘Contributions or giRts to Citizens United are nct tax deductible Case 1:21-cv-01962 Document1 Filed 07/20/21 Page 1 of 5
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
CITIZENS UNITED,
1006 Pennsylvania Avenue, SE.
‘Washington, DC 20003,
Plaintiff, Civil Action No. 21-1962
v.
UNITED STATES DEPARTMENT
OF STATE,
The Executive Office
Office of the Legal Adviser, Suite 5.600
600 19" Street NW
Washington, DC 20522,
Defendant.
COMPLAINT
Plaintiff Citizens United brings this action against Defendant the United States
Department of State (‘“State Department”) to compel compliance with the Freedom of
Information Act, 5 U.S.C. § 552 (“FOIA”). As grounds therefor, Plaintiff alleges the following:
JURISDICTION AND VENUE
1. The Court has jurisdiction over this action pursuant to 5 U.S.C. § 552(a)(4)(B)
and 28 USC. § 1331.
2. Venue is proper in this district pursuant to 5 U.S.C. § 552(a)(4)(B) and 28 U.S.C.
§ 1391(e).
PARTIES
3. Plaintiff Citizens United is a Virginia non-stock corporation with its principal
place of business in Washington, D.C. Citizens United is organized and operated as a non-profit
membership organization that is exempt from federal income taxes under Section 501()(4) of Case 1:21-cv-01962 Document 1 Filed 07/20/21 Page 2 of 5
the U.S. Internal Revenue Code. Citizens United seeks to promote social welfare through
informing and educating the public on conservative ideas and positions in issues, including.
national defense, the free enterprise system, belief in God, and the family as the basic unit of
society. In furtherance of those ends, Citizens United produces and distributes information and
documentary films on matters of public importance. Citizens United regularly requests access to
the public records of federal government agencies, entities, and offices, to disseminate its
findings to the public through its documentary films and publications.
4, Defendant, the United States Department of State, is an agency of the United
States Government and is headquartered at 2201 C Street N.W., Washington, D.C. 20520.
Defendant has possession, custody, and control of records to which Plaintiff seeks access.
STATEMENT OF FACTS
5. Citizens United routinely submits FOIA requests, and this matter concerns a
FOIA request submitted to Defendant on May 6, 2021, regarding a topic of extreme public
importance, to which Defendant has failed to respond.
6. Pursuant to 5 U.S.C. § $52(a)(6)(A)(i), Defendant is required to respond to
Citizens United’s FOIA requests within 20 working days of each request, but that deadline is
extended by no more than 10 working days if there are “unusual circumstances” as defined by 5
US.C. § 552(a)(6)(B)Gii).
7. OnMay 6, 2021, Citizens United submitted a FOIA request, online, to Defendant.
See Exhibit A. The request sought:
All emails, letters, and/or memos sent to or from or drafted by the following,
Department of State employees: Antony Blinken, Secretary of State; Suzy
George, Chief of Staff; Kamala Lakhdhir, Executive Secretary; Howard Van
Vranken, Executive Director and Deputy Executive Secretary, Executive
Secretariat; Tressa Finerty, Deputy Executive Secretary, Executive
Secretariat; Marc Shaw, Deputy Executive Secretary, Executive Secretariat; Case 1:21-cv-01962 Document 1 Filed 07/20/21 Page 3 of 5
Stephanie Syptak-Ramnath, Deputy Executive Secretary, Executive
Secretariat; Richard Visek, Acting Legal Adviser, Office of the Legal
Adviser; Derek Chollet, Counselor; Mare Ostfield, Ombudsman; Ascl
Roberts, Acting Chief of Protocol; Ned Price, Department Spokesperson;
Jalina Porter, Principal Deputy Spokesperson; John Ice, Deputy
Spokesperson; and/or Carol Z. Perez, Acting Under Secretary of State for
‘Management including the following terms: WestExec; WestExec Advisors,
LLD; WestExec Ventures, LLC; WestExec Capital Partners, LLC;
Investments, LLC; Pine Island Capital Partners, LP; Recusal; Recuse;
Certificate of Divestiture; Financial interest; Predictably affected; and/or
Certification of Ethies Agreement Compliance.
The time period covered by the FOIA request was January 20, 2021 to May 6, 2021.
8. Citizens United, as a member of the media, requested expedited processing of this
FOIA request. See Exhibit A.
9. Iman email dated May 7, 2021, Defendant acknowledged receipt of Citizens
United’s FOIA request, assigned the request Case Control Number F-2021-06145, and informed
Citizens United that the request did not warrant expedited processing. See Exhibit B.
10. When left to their own devices, State Department bureaucrats in the past have
taken over three years to respond to Citizens United’s FOIA requests. Such extensive delays are
in clear violation of both the letter and the spirit of FOIA.
11. With regard to Citizens United’s FOIA request, the statutory deadline has passed,
and Defendant has failed to provide a substantive response to the FOIA request. In fact, as of the
date of this Complaint, Defendant has failed to produce a single responsive record or assert any
claims that responsive records are exempt from production.
12, Since Defendant has failed to comply with the time limit set forth in 5 U.S.C.
§ 552(a)(6)(A)iii), Citizens United is deemed to have fully exhausted any and all administrative
remedies with respect to its FOIA requests. See 5 U.S.C. § 552(a)(6(C).. 13.
14.
Case 1:21-cv-01962 Document 1 Filed 07/20/21 Page 4 of 5
CAUSE OF ACTION
(Violation of FOIA, 5 U.S.C. § 552)
Plaintiff realleges paragraphs 1 through 12 as though fully set forth herein,
Defendant has failed to make a determination regarding Citizens United’s May 6,
2021 FOIA request for records (F-2021-06145) within the statutory time limit and is unlawfully
withholding records requested by Citizens United pursuant to 5 U.S.C. § 552.
15.
Citizens United is being irreparably harmed by reason of Defendant's unlawful
withholding of requested records, and Citizens United will continue to be irreparably harmed
unless Defendant is compelled to conform its conduct to the requirements of the law.
PRAYER FOR RELIEF
WHEREFORE, Plaintiff Citizens United requests that the Court grant all appropriate
relief for the violations of FOIA alleged above, including:
a
‘An order and judgment requiring the Defendant to conduct a search for any and
all records responsive to Citizens United’s FOIA request and to demonstrate that
it employed search methods reasonably likely to lead to the discovery of all
records responsive to Citizens United's requests;
An order and judgment requiring the Defendant to produce, by a date certain, any
and all non-exempt records responsive to Citizens United’s FOIA request and a
Vaughn index of any responsive records withheld under claim of exemption;
An order and judgment permanently enjoining Defendant from continuing to
withhold any and all non-exempt records in this case that are responsive to
Citizens United’s FOIA request;
Attomeys’ fees and costs to Plaintiff pursuant to any applicable statute or
authority, including 5 U.S.C. § 552(a)(4)(E); and Case 1:21-cv-01962 Document1 Filed 07/20/21 Page 5 of 5
€. Any other relief that this Court in its discretion deems just and proper.
_‘k/ Jeremiah L. Morgan
Jeremiah L. Morgan
(D.C. Bar No. 1012943)
William J. Olson
(D.C. Bar No. 233833)
Robert J. Olson
(DC. Bar No. 1029318)
William J. Olson, P.C.
370 Maple Avenue West, Suite 4
Vienna, VA 22180-5615
703-356-5070 (telephone)
703-356-5085 (fax)
[email protected] (e-mail)
Counsel for Plaintiff
Dated: July 20, 2021 CITIZENS UNITED
