Case 1:18-cv-01862-RDM Document 10 Filed 05/10/19 Page 1 of 3

UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLUMBIA

CITIZENS UNITED,
Plaintiff,
v. Civil Action No. 18-1862-RDM
U.S. DEPARTMENT OF STATE,
Defendant.

JOINT STATUS REPORT

Plaintiff, Citizens United, and Defendant, the United States Department of State

(“State”), by their respective undersigned counsel, submit this joint status report pursuant to the

Court’s minute order dated March 19, 2019.

1. Citizens United filed this Freedom of Information Act (“FOIA”) case on August

8, 2018, alleging that State had failed to issue a determination on its FOIA request seeking

certain records about a briefing at the State Department involving Christopher Steele in October

2016. ECF No. 1.

2. State made its first release of records to Citizens United on February 20, 2019,

consisting of two records, totaling four pages. State made a second production on April 30,

2019, consisting four documents, three of which were released in part, totaling seven pages. One

document was withheld in full. State made a third and final production on May 6, 2019,

consisting of two documents, one of which was released in part, and also re-released one of the

documents released on April 30, but with additional information unredacted. The May 6

production totaled 15 pages.

 Case 1:18-cv-01862-RDM Document 10 Filed 05/10/19 Page 2 of 3

3. The parties propose intend to file cross-motions for summary judgment.

Accordingly, the parties have agreed to the following briefing schedule, which the parties request

that the Court adopt.

June 7, 2019 Plaintiff’s Motion for Summary Judgment

July 8, 2019 Defendant’s Response and Motion for Summary Judgment

July 22, 2019 Plaintiff’s Reply and Response

July 31, 2019 Defendant’s Reply

STATEMENT BY PLAINTIFF

4. Plaintiff would like to outline briefly the context for the proposed briefing

schedule. On October 11, 2016 — exactly four weeks before Election Day 2016 —

Christopher Steele, a former British intelligence agent, met with a senior official in the U.S.

Department of State and shared “research” that he had collected on a presidential candidate

challenging the incumbent party. That research, collected in what is now known as the “Steele

Dossier,” contained salacious, unverified, and some even fantastic claims of wrongdoing for

the Republican candidate.

5. This FOIA case seeks disclosure of records from the State Department regarding

the meeting between senior department personnel and that former British agent, Christopher

Steele, who was peddling the never-verified Dossier to various government representatives and

media outlets to benefit the Democrat candidate.1

6. The records that the State Department thus far has produced in this case

demonstrate that a State Department official communicated critical information to the FBI,

                                                            
1
See J. Solomon, “Steele’s stunning pre-FISA confession: Informant needed to air Trump dirt
before election,” The Hill (May 7, 2019).
2
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following the October 11, 2016 briefing with Steele. This case is of immense national

importance because the withheld records relate to what the federal agencies knew and when

they knew it, particularly when representations about the Steele Dossier were made to the

Foreign Intelligence Surveillance Court seeking warrants to conduct surreptitious surveillance

of an advisor to the Republican presidential candidate.2

7. Plaintiff believes that the American public has a right to know the details of any

improper federal government involvement in the 2016 elections. It is for these reasons, and

other reasons as will be explained in the briefing, that Plaintiff will contest the FOIA

exemptions claimed by the Defendant.

Respectfully submitted,

/s/ Jeremiah L. Morgan JESSIE K. LIU, D.C. Bar #472845

Jeremiah L. Morgan, D. C. Bar #1012943 United States Attorney
Robert J. Olson, D.C. Bar #1029318
William J. Olson, D.C. Bar #233833 DANIEL F. VAN HORN, D.C. Bar #924092
WILLIAM J. OLSON, P.C. Chief, Civil Division
370 Maple Avenue West, Suite 4
Vienna, Virginia 22180 By: /s/ Johnny Walker
Telephone: 703 356 5070 JOHNNY H. WALKER, D.C. Bar #991325
Facsimile: 703 356 5085 Assistant United States Attorney
Email: wjo@mindspring.com 555 4th Street, N.W.
Washington, District of Columbia 20530
Counsel for Plaintiff
Telephone: 202 252 2575
Email: johnny.walker@usdoj.gov
Counsel for Defendant

Dated: May 10, 2019

                                                            
2
See J. Solomon, “FBI’s Steele story falls apart: False intel and media contacts were flagged
before FISA,” The Hill (May 9, 2019).
3