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Zoe Tillman
@ZoeTillman
, 3 tweets, 2 min read Read on Twitter
In the FOIA lawsuit filed by my colleague @JasonLeopold, the judge has set a hearing on a preliminary injunction motion for April 16 at 2pm — Jason and BuzzFeed News are asking the judge to order DOJ to process the FOIA request and produce non-exempt portions by April 18
You may be wondering: "Why pursue this when the AG has said he'll release the report within a week?" Pursuing docs under FOIA and then in litigation (if you're in a position to sue) puts requesters in a posture to challenge withheld information before a judge
The judge is also asking whether he should consolidate BuzzFeed's case with an earlier FOIA suit filed over the Mueller report by @EPICprivacy. Previously on that case: buzzfeednews.com/article/zoetil…
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More from @ZoeTillman see all

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Zoe Tillman
@ZoeTillman
Hello on this gray morning from the federal courthouse, where Maria Butina, who pleaded guilty to conspiring to act as an unregistered agent for Russia, will be sentenced. She's asking for time-served and immediate deportation back to Russia. Prosecutors are asking for 18 months
Update: We're watching the "Me!" music video in the media room while we wait for Butina's sentencing to start at 10am
I'll be in the media room for Maria Butina's sentencing - there's live audio, but sadly we've learned this courtroom isn't equipped with video yet, so no video stream. I'll be sharing live updates as the hearing unfolds, but I won't be able to tell you what people look like
Read 31 tweets
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Zoe Tillman
@ZoeTillman
NEW: Concord Management, one of the defendants in Mueller's Russian troll farm case, is asking the judge to order the govt to say why it shouldn't be found in contempt for the info it released related to the case in Mueller's report assets.documentcloud.org/documents/5978…
"The practical effect of the broadside by AG Barr and SC Mueller on Concord was to advise the world (including potential jurors) that the allegations in the Indictment are true and that the Defendants ... were operating as part of a Russian government led interference campaign"
Under court rules, lawyers aren't supposed to make public statements about a case if there's a "reasonable likelihood that such dissemination will interfere with a fair trial or otherwise prejudice the due administration of justice" — this is the rule that allows for gag orders
Read 4 tweets
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Zoe Tillman
@ZoeTillman
Amid all this talk of fighting congressional subpoenas, a reminder that the lawsuit House Rs filed against then-AG Eric Holder for asserting executive privilege over documents in response to a subpoena is *still pending* buzzfeednews.com/article/zoetil…
House Rs in April 2016 appealed to continue the fight over what info DOJ could assert executive privilege over re: the Operation Fast and Furious scandal. Briefs were filed, but in Jan. 2017 the House asked for a delay, citing settlement talks and the presidential transition
In March 2018, DOJ announced a tentative settlement, but it hinged on the judge, Judge Amy Berman Jackson (you may remember her from such cases as US v. Manafort and US v. Stone), vacating her earlier rulings. Jackson said no (really more of a hell no): assets.documentcloud.org/documents/5029…
Read 6 tweets

Related threads

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Jason Leopold
@JasonLeopold
Not sure if anyone is aware, but for more than two years, I//@BuzzFeedNews /@_rshapiro have had a #FOIA lawsuit against multiple intel agencies for documents on their assertions that Russia interfered in the 2016 presidential campaign/collusion. 1/
The agencies identified thousands of pages of documents and withheld the vast majority on national security grounds. Still, some were released and we are the only ones who have been successful in prying loose some of these records via #FOIA. 2/
So in light on the 4-page Barr memo characterizing the Mueller report (which we still haven't seen) I am reupping some of the stories I wrote from the cache of #FOIA docs on Russia interference in the 2016 campaign. These documents are from DHS, CIA, FBI, ODNI and State Dept. 3/
Read 23 tweets
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Chris Geidner
@chrisgeidner
EXCLUSIVE: I finally obtained President Trump's memorandum designating Matthew Whitaker as the acting attorney general. Spoiler: It just raises more questions! buzzfeednews.com/article/chrisg… #FOIA
- Sessions left DOJ on Nov. 7.
- DOJ released a statement from "Acting Attorney General Matt Whitaker" on Nov. 7.
- Trump appointment memo wasn't dated until Nov. 8.
buzzfeednews.com/article/chrisg…
- DOJ's Executive Secretariat did not mark its receipt of the memorandum until 11:59 p.m. Nov. 13.
- DOJ released its defense of the legality of Whitaker's appointment on Nov. 14.
buzzfeednews.com/article/chrisg…
Read 9 tweets
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Jason Leopold
@JasonLeopold
Been a pretty shitty year for #FOIA. Govt agencies continue to thwart the release of records. But I was still able to pry loose a few gems.

Here's a thread to highlight all of the news stories I published at @BuzzFeedNews in 2018 based on docs I obtained via #FOIA ICYMI 1/
People Actually Complained That TV Networks Repeated Trump's "Shithole" Comment

After news networks quoted the president talking about "shithole countries," audience members complained to the FCC — and @BuzzFeedNews obtained their complaints. #FOIA 2/

buzzfeednews.com/article/jasonl…
Trump Transition Records, A Source Of Friction With Special Counsel Robert Mueller, Were Almost Destroyed

buzzfeednews.com/article/jasonl…

#FOIA 3/
Read 19 tweets
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Tim Hogan
@TimInHonolulu
Judge in the @Acosta case is a Trump appointment. Hon. Timothy J. Kelly
Approved by the Senate 94-2.
Two No's: Gillibrand (D-NY) Warren (D-MA).
I saw some comment on @CNN that the delay of coming back tomorrow was prejudice to @Acosta . While I agree this is a critical issue that involves a significant Constitutional right, case was filed yesterday. Two days for a TRO in Federal court is pretty good. @CNN should chill.
Also for those who don't practice in Federal court, the TRO is not appealable. If denied it will usually be set for hearing on the preliminary injunction, denial of which is appealable.That's why in Muslim Ban they added a Mandamus request to get to the court of appeals faster.
Read 3 tweets
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Emma Best (U//FOUO) 🏳️‍🌈
@NatSecGeek
RELEASE: FBI just sent me ~29,000 pages from their file on President Reagan and his time as an FBI informant – and lots more muckrock.com/foi/united-sta… #FOIA
For comparison, this is over 10x more than what the FBI posted to their website.
RELEASE: Department of Energy security and classification expenses by year, 2001-2017: muckrock.com/foi/united-sta… cdn.muckrock.com/foia_files/201…

(See also muckrock.com/search/?page=1…)
Read 122 tweets
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Jason Leopold
@JasonLeopold
Over the past couple of days, journalists have been reminded of steps we need to take to safeguard our comms and protect our sources while working on news reports

It's also impt to note what happens after news stories are published that are based on nonpublic/classified info 1/
Every government agency on a near daily basis scrutinizes news stories for classified, secret or non public information. 2/
Personnel at the government agency fills out a media leaks questionnaire and identifies the nonpublic/classified info contained in the news report.

(I obtained a copy of one such questionnaire and example of some media leaks via FOIA: documentcloud.org/documents/3859…) 3/
Read 15 tweets

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