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Request to Depose FBI Agent Case 0:12-cv-61735-WJZ Document 73 Entered on FLSD Docket 04/23/2015 Page 1 of 22 IN THE UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA Case No. 12-61735-Civ-Zloch BROWARD BULLDOG, INC., a Florida ) corporation not for profit, and DAN ) CHRISTENSEN, founder, operator and editor ) of the BrowardBulldog.com website, ) ) Plaintiffs, ) ) v. ) ) U.S. DEPARTMENT OF JUSTICE, ) 950 Pennsylvania Avenue, NW ) Washington, DC 20530, and ) FEDERAL BUREAU OF INVESTIGATION, ) 935 Pennsylvania Avenue, NW ) Washington, DC 20535, ) ) Defendants. ) ) Plaintiffs’ Request for Status Conference Plaintiffs, Broward Bulldog, Inc., publisher of FloridaBulldog.org, and Dan Christensen (collectively “The Bulldog”), respectfully request a status conference to (1) determine whether plaintiffs or a special master could assist with the Court’s review of documents produced by the defendants for in camera review, (2) address whether recent public statements by the FBI regarding the subject of this case warrant limited discovery, and (3) establish a schedule for the case. State of The Pleadings Plaintiffs commenced this Freedom of Information Act (“FOIA”) lawsuit against the U.S. Department of Justice and the Federal Bureau of Investigation (collectively “the FBI”) on HUNTON & WILLIAMS LLP Case 0:12-cv-61735-WJZ Document 73 Entered on FLSD Docket 04/23/2015 Page 2 of 22 Case No. 12-61735-Civ-Zloch September 5, 2012, in order to obtain records concerning an FBI investigation of a Saudi family that had left their home in Sarasota County, Florida, shortly before the terrorist attacks on the United States on September 11, 2001. DE-1. The FBI moved to dismiss the action on November 19, 2012, DE-5; the Court denied the motion on June 28, 2013, DE-38; and the FBI filed its answer on August 7, 2013, DE-44. No other pleadings have been filed and the case is not yet set for trial. No motions are pending at this time. Documents Produced The FBI advised the Court on January 9, 2013, that “defendants have not located any records responsive to plaintiffs’ request.” DE-12 at 2 ¶B. Nevertheless, the defendants subsequently found and produced 35 pages of records responsive to plaintiffs’ request on March 28, 2013, DE-25-1 Ex. K; and 4 additional pages of records responsive to plaintiffs’ request on May 9, 2014. DE-68-1. The FBI redacted portions of these documents, asserting various exemptions to FOIA’s disclosure requirements, including Exemptions 1 and 3. Exemption 1 relates to classified documents, while Exemption 3 relates to documents that are required to be withheld by statute. The FBI identified the National Security Act of 1947 as the statute requiring it to withhold some of the redacted portions of the records purportedly subject to Exemption 3. One of the most significant documents produced was dated April 16, 2002, Bates numbered SARASOTA-5 & 6, DE 72-1. Portions of the document were redacted and withheld on several grounds, including that they had been classified pursuant to Executive Order 13526 Section 1.4(c) and pursuant to a section of the National Security Act of 1947, 50 U.S.C. § 3024(i)(1). The former provides: “Information shall not be considered for classification unless its unauthorized disclosure could reasonably be expected to cause identifiable or describable 2 HUNTON & WILLIAMS LLP Case 0:12-cv-61735-WJZ Document 73 Entered on FLSD Docket 04/23/2015 Page 3 of 22 Case No. 12-61735-Civ-Zloch damage to the national security . and it pertains to . intelligence activities (including covert action), intelligence sources or methods, or cryptology.” The latter requires the Director of National Intelligence to “protect intelligence sources and methods from unauthorized disclosure.” The released portions of the April 16, 2002, document stated: FEDERAL BUREAU OF INVESTIGATION Precedence: _ROUTINE Date: 04/16/2002 To: Tampa From: Tampa SQ 6/Ft. Myers RA Contact: [Redacted] Approved By: [Redacted] Drafted By: [Redacted] slw* Case ID #: [Redacted] (Pending) Synopsis: To request a [redacted] be opened. Derived From: G-3 Declassify On: X1 Details: Pursuant to the investigation into the 9/11/01 terrorist attacks, the Federal Bureau of Investigation in Tampa Division became aware of [redacted] [redacted] is allegedly a wealthy and successful international businessman. [Redacted] and his family resided in a $530,000.00 in an affluent section of Sarasota, Florida, On or about 08/27/2001, the [redacted] fled their home, Based upon repeated citizen calls following September 11, the FBI and the South Florida Domestic Security Task Force became aware of the [redacted] family. Following an inspection of their home by agents of the Southwest Florida Domestic Security Task Force, it was discovered that the [redacted] left their residence quickly and suddenly. They left behind valuable items, clothing, jewelry, and food in a manner that indicated they fled unexpectedly without .prior preparation or knowledge. Further investigation of the [redacted] family revealed many connections between the [redacted] and individuals associated with the terrorist attacks on 09/11/2001. 3 HUNTON & WILLIAMS LLP Case 0:12-cv-61735-WJZ Document 73 Entered on FLSD Docket 04/23/2015 Page 4 of 22 Case No. 12-61735-Civ-Zloch More specifically, a [redacted] family member, [redacted] also known as [redacted] DOB [redacted] last known address [redacted] Florida, was also a flight student at Huffman Aviation. Additionally, [redacted] also known as [redacted] last known address [redacted] Florida, was arrested numerous times by Sarasota County Sheriff’s Office. [Redacted] lived with flight students at Huffman Aviation. [Redacted] (Emphasis added) (classification markings deleted). This documents contradicted prior public statements by the FBI that it had investigated a Saudi family that abruptly left Sarasota shortly before September 11, 2001, and had found no connections between the family and the terrorist attacks on that date. This contradiction suggested to plaintiffs that the FBI likely had many additional documents that would be responsive to the plaintiffs’ FOIA request for records relating to its investigation of events that occurred at the Sarasota home occupied by the family. Accordingly, plaintiffs asked the Court to direct the FBI to conduct a better search. The Court granted plaintiffs’ request on April 4, 2014, DE-60, and denied the FBI’s request for rehearing on April 18, 2014. DE-63. After conducting the additional search, the FBI produced 32 pages of responsive documents on June 6, 2014, DE-69-1; and 13 additional pages of responsive documents on June 27, 2014, DE-72-1. The last of these productions included the document Bates numbered SarasotaTrdPty-5 & 6 which contained the Electronic Communication set forth above. The FBI also redacted portions of the newly found documents, asserting various exemptions to FOIA’s disclosure requirements, including, the same exemptions based on classification and national security noted above. One of the documents released on June 27, 2014, Bates numbered SarasotaTrdPty-5 & 6, DE 25-2, appeared to be an Electronic Communication containing information similar to, but even more alarming than, that found in SARASOTA-5 & 6. It also was dated April 3, 2002, 4 HUNTON & WILLIAMS LLP Case 0:12-cv-61735-WJZ Document 73 Entered on FLSD Docket 04/23/2015 Page 5 of 22 Case No. 12-61735-Civ-Zloch about two weeks earlier than SARASOTA-5 & 6. The Electronic Communication stated: To: Tampa From: Tampa Re: [Redacted] 04/03/2002 [Redacted] [Redacted] The Tampa Division of the FBI has investigated [redacted] [redacted] pursuant to the Penttbom investigation. As a result of the investigation of [redacted] Tampa Division FBI has determined that [redacted] resides in Jerusalem. [Redacted] alleged has held regular and recurring meetings at his residence to denounce and criticize the United States of America and its policies. [Redacted] is allegedly an international businessman with great wealth. In November 2001, [redacted] visited the United States for the first time. He traveled to Sarasota, Florida, opened a bank account and made initial queries into the purchase of property in south central Florida [Redacted] intends to establish a Muslim compound in Central Florida. [Redacted] revealed that [redacted] is fearful of [redacted] and fears that [redacted] intents to begin offensive operations against the United States if he is able to purchase property and establish a Muslim compound in Central Florida. [Redacted]. Pursuant to the Penttbom investigation by the FBI, Tampa Division FBI became aware of [redacted] [redacted] is allegedly a wealthy and successful international businessman. [Redacted] and his family resided in a $530,000.00 home in an affluent section of Sarasota, Florida. On or about 8/27/2001, the [redacted] fled their home. Based upon repeated citizen calls following 09/11/2001, FBI Tampa and the Southwest Florida Domestic Security Task Force became aware of the [redacted] family. Following an inspection of their home by Agents of the Southwest Florida Domestic Security Task Force, it was discovered that the [redacted] left their residence quickly and suddenly. They left behind valuable items, clothing, jewelry, food and in a manner that indicated they fled unexpectedly, without prior preparation and permanently. Further investigation of the [redacted] family revealed many connections between the [redacted] family members and the investigation of the attacks on 9/11/2001. More specifically, a [redacted] family member, [redacted] aka, [redacted]
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