Case 1:17-cv-01000-CKK Document 18 Filed 04/13/18 Page 1 of 2

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLUMBIA

THE PROTECT DEMOCRACY PROJECT,

INC.

Plaintiff,

v. Civil Action No. 17-CI-1000-CKK

U.S. NATIONAL SECURITY AGENCY,

OFFICE OF THE DIRECTOR OF

NATIONAL INTELLIGENCE,

and

DEPARTMENT OF JUSTICE,

Defendants.

MOTION FOR SUMMARY JUDGMENT

AGAINST NATIONAL SECURITY AGENCY

Pursuant to Fed. R. Civ. P. and Local Rule 7(h), plaintiff The Protect Democracy Project,

Inc. (hereinafter “Protect Democracy”) hereby moves for summary judgment against Defendant

U.S. National Security Agency (“NSA”). As explained in more detail in the accompanying Statement

of Undisputed Material Facts and Memorandum of Points and Authorities in support of this

Motion, the parties negotiated a narrowed scope of the pending FOIA request solely for Defendant

NSA. Specifically, Plaintiff agreed to limit the scope of NSA’s search and production obligations to a

memorandum (and related documents) that, according to numerous news reports quoting multiple

current and former government officials, was written in March 2017 by senior NSA personnel after

the President of the United States called the Director of the NSA and asked him to publicly dispute

the notion that there was any collusion between the Trump campaign and Russia during the 2016

Presidential election.

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NSA has now completed its search for responsive documents and claims, under Exemption

3 of the Freedom of Information Act and the “Glomar” doctrine, that it can neither confirm nor

deny the existence of any responsive records. Because neither the cited exemption nor Glomar

applies to this case, Plaintiff Protect Democracy is entitled to summary judgment on its claim against

the NSA.

Plaintiff does not, at this time, seek summary judgment against the other defendant agencies

in this case, who are still processing and producing responsive records under the schedule

established by this Court.

Dated: April 13, 2018

Respectfully submitted,

/s/ Michael P. Abate

Michael P. Abate
(DDC Bar No. MD28077)
(DC Bar No. 1023343)
Kaplan Johnson Abate & Bird LLP
710 W. Main St., 4th Floor
Louisville, KY 40202

Benjamin L. Berwick (MA Bar No. 679207)

Counsel
The Protect Democracy Project, Inc.
2020 Pennsylvania Ave., NW #163
Washington, DC 20006
Phone: 202-599-0466
Fax: 929-777-8428

Counsel for Plaintiff