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COMPLAINT - 1
Davis Wright Tremaine LLP
LAW OFFICES
920 Fifth Avenue, Suite 3300 Seattle, WA 98104-1610
206.622.3150 main · 206.757.7700 fax
UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON
AT SEATTLE
MICHELLE J. KINNUCAN,
Plaintiff,
v.
NATIONAL SECURITY AGENCY, THE CENTRAL INTELLIGENCE AGENCY, THE DEFENSE INTELLIGENCE AGENCY, AND THE DEPARTMENT OF DEFENSE,
Defendants.
Case No.
COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF FOR VIOLATION OF THE FREEDOM OF INFORMATION ACT, 5 U.S.C. § 552
Case 2:20-cv-01309 Document 1 Filed 09/01/20 Page 1 of 7
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COMPLAINT - 2
Davis Wright Tremaine LLP
LAW OFFICES
920 Fifth Avenue, Suite 3300 Seattle, WA 98104-1610
206.622.3150 main · 206.757.7700 fax
Plaintiff Michelle J. Kinnucan, an individual (“Ms. Kinnucan”), respectfully submits this
Complaint for declaratory and injunctive relief finding that Defendants National Security Agency
(“NSA”), Central Intelligence Agency (“CIA”), Defense Intelligence Agency (“DIA”), and
Department of Defense (“DOD”) have violated their legal obligations under the Freedom of
Information Act (“FOIA”), 5 U.S.C. § 552 et seq., and ordering them to promptly comply with
those obligations.
I. INTRODUCTION
1. Beginning in February 2019, Ms. Kinnucan filed multiple FOIA requests with the
NSA, CIA, and DIA seeking the release of unredacted documents concerning the June 8, 1967
attack on the U.S.S. Liberty (AGTR-5) by Israeli air and naval forces.
2. Although some of the Defendants have acknowledged receipt of those requests, all
have utterly failed to produce a single document—or the reason for such withholding—as
required by law.
3. But “disclosure, not secrecy, is the dominant objective” of the Freedom of
Information Act, Dep’t of Interior v. Klamath Water Users Protective Ass’n, 532 U.S. 1, 8 (2001)
(internal quotation marks and citations omitted), and the Act “focuses on the citizens’ right to be
informed about ‘what their government is up to.’” D.O.J. v. Reporters Comm. for Freedom of the
Press, 489 U.S. 749, 750, 773 (1989) (citation omitted).
4. Through her FOIA Requests, Ms. Kinnucan seeks information on a matter of
public concern: whether a U.S. ally knowingly attacked a U.S. vessel, killed 34 U.S.
servicemembers, and wounded 173 more. As a researcher, journalist, and honorary member of
the U.S.S. Liberty Veterans Association, Plaintiff intends to use that information to continue
raising awareness about the deceased and surviving victims and pressing for a comprehensive
Congressional investigation into the attack.
5. Plaintiff Kinnucan’s previous work on this subject resulted in The American
Legion’s 2017 adoption of Resolution 40, which she wrote and is memorialized in US House of
Representatives Document 115-91, at pp. 124-25. See
https://www.govinfo.gov/app/details/CDOC-115hdoc91/CDOC-115hdoc91; see also
Case 2:20-cv-01309 Document 1 Filed 09/01/20 Page 2 of 7
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COMPLAINT - 3
Davis Wright Tremaine LLP
LAW OFFICES
920 Fifth Avenue, Suite 3300 Seattle, WA 98104-1610
206.622.3150 main · 206.757.7700 fax
https://www.seattleweekly.com/news/a-seattleite-is-fighting-for-justice-for-the-uss-liberty-but-
not-without-some-controversy/.
6. Therefore, because Defendants have neglected their duties under federal law, Ms.
Kinnucan now requests that this Court order them to promptly comply, enjoin them from further
inattention, and reimburse her legal fees and costs incurred as a result.
II. PARTIES
7. Plaintiff Kinnucan is a Washington resident who currently resides in Seattle.
8. Defendant NSA is a federal agency within the meaning of 5 U.S.C. § 552(f) and
component of Defendant DOD, tasked with gathering, processing, and analyzing information and
data collected through electronic means. Ms. Kinnucan is informed and believes that the NSA
has possession and control of the records sought by the pertinent requests.
9. Defendant CIA is a federal agency within the meaning of 5 U.S.C. § 552(f), tasked
with gathering, processing, and analyzing national security information from around the world.
Ms. Kinnucan is informed and believes that the CIA has possession and control of the records
sought by the pertinent requests.
10. Defendant DIA is a federal agency within the meaning of 5 U.S.C. § 552(f) and
component of Defendant DOD, tasked with gathering, processing, and analyzing military-related
information from around the world. Ms. Kinnucan is informed and believes that the DIA has
possession and control of the records sought by the pertinent requests.
11. Defendant DOD is a department of the federal government tasked with
coordinating and overseeing all national security and military action for the United States. Ms.
Kinnucan is informed and believes that the DOD has possession and control of the records sought
by the pertinent requests by virtue of its control over Defendants NSA and DIA.
III. JURISDICTION
12. This Court has subject-matter jurisdiction over this action and personal jurisdiction
over the parties under 5 U.S.C. § 552(a)(4)(B) and 28 U.S.C. § 1331.
Case 2:20-cv-01309 Document 1 Filed 09/01/20 Page 3 of 7
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COMPLAINT - 4
Davis Wright Tremaine LLP
LAW OFFICES
920 Fifth Avenue, Suite 3300 Seattle, WA 98104-1610
206.622.3150 main · 206.757.7700 fax
IV. VENUE
13. Venue lies properly in this Court pursuant to 5 U.S.C. § 552(a)(4)(B) because Ms.
Kinnucan resides in this judicial district. Furthermore, venue is proper under 28 U.S.C. § 1391
because her requests and communications were initiated by her from Seattle, Washington, and
therefore, a substantial part of the events giving rise to the claim occurred in this judicial district.
V. FACTS
The U.S.S. Liberty Incident
14. On June 8, 1967, the U.S.S. Liberty was attacked by Israeli air and naval forces
while operating in support of the NSA in international waters. The attack left 34 U.S. service
members dead and 173 wounded.
15. The American and Israeli governments have long maintained that the Liberty was
attacked during the Six-Day War because she was mistaken for an Egyptian ship. However, the
ship’s crew and captain—as well as several government officials, scholars, and journalists—
dispute the stance adopted by the Johnson Administration. See, e.g., James Scott, The Spy Ship
Left Out in the Cold, Naval History Magazine, vol. 31, no. 3 (June 2017) at 28-35, available at
https://www.usni.org/magazines/naval-history-magazine/2017/june/spy-ship-left-out-cold; Mark
A. Stroh, Attack on the USS Liberty: A Stab at the Truth, U.S. Army War College (April 2009),
available at https://apps.dtic.mil/dtic/tr/fulltext/u2/a499280.pdf; Walter L. Jacobsen, A Juridical
Examination of the Israeli Attack on the USS Liberty, 36 Naval Law Review 69 (Winter 1986).
16. Although some reports have been released regarding the 50-year-old incident, all
volumes of “A Report to the Committee on Appropriations - U.S. House of Representatives on
the Effectiveness of the Worldwide Communications Systems and Networks of the DoD, U.S.S.
Liberty Incident” of December 1967 (the “HAC Report”) and other reporting have inexplicably
been withheld.
NSA FOIA Requests
17. On February 18, 2019, Ms. Kinnucan filed a FOIA request with Defendant NSA
seeking HAC Report “pages 48-50 of volume I and pages 75-76 of volume II only.” See Exhibit
A.
Case 2:20-cv-01309 Document 1 Filed 09/01/20 Page 4 of 7
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COMPLAINT - 5
Davis Wright Tremaine LLP
LAW OFFICES
920 Fifth Avenue, Suite 3300 Seattle, WA 98104-1610
206.622.3150 main · 206.757.7700 fax
18. On March 5, NSA confirmed receipt of the request, assigned Ms. Kinnucan case
number 106371, and requested clarification as to the scope. See id.
19. The next day, Ms. Kinnucan responded to NSA’s question by amending her
request to include both Volume I and II of the HAC Report. See id.
20. Although NSA responded on March 7 to inform Ms. Kinnucan that she would “be
hearing from [NSA] soon regarding the status of [her] request,” see id., and provided an
acknowledgment on March 18 indicating the requested documents had been located and were
being withheld pending “review prior to release,” see id., Defendant NSA has never responded to
the 14 follow up requests for information regarding case number 106371, produced responsive
documents, or provided a reason for any withholding. See id.
21. On June 17, 2020, Ms. Kinnucan sent a second, separate FOIA request to NSA,
seeking:
The Encrypted Traffic Reports … of the USS Little Rock (CLG-4) for the months of May, June, and July of 1967 and/or any analyses or reports that may aggregate or summarize the data/information contained in those reports; and
Any records pertaining to any attack(s) upon, theft, destruction, disappearance, etc. of U.S. “crypto-equipment” and/or the thirteen “U.S. facilities” housing them during the Six-Day War in 1967 … See Exhibit B.
22. Although Defendant NSA again acknowledged receipt and assigned the request
case number 109763, see id., it has not responded to follow up inquiries, produced responsive
documents, or provided a reason for any withholding.
CIA FOIA Requests
23. On May 31, 2020, Ms. Kinnucan requested copies of various unredacted reports
involving the same incident from the CIA. See Exhibit C.
24. On June 3, Defendant CIA also acknowledged Ms. Kinnucan’s request and
assigned reference number F-2020-01511. See id.
25. On June 17, Ms. Kinnucan submitted follow up clarifications and amendments to
her earlier request. See id.
26. Since that first acknowledgment, Defendant CIA has never responded to any
follow up requests, produced responsive documents, or provided a reason for any withholding.
Case 2:20-cv-01309 Document 1 Filed 09/01/20 Page 5 of 7
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COMPLAINT - 6
Davis Wright Tremaine LLP
LAW OFFICES
920 Fifth Avenue, Suite 3300 Seattle, WA 98104-1610
206.622.3150 main · 206.757.7700 fax
DIA FOIA Request
27. On June 17, 2020, Ms. Kinnucan submitted a FOIA request to Defendant DIA for
“[a]ll communications and message traffic to or from the Office of Defense Attaché in Israel from
June 5, 1967 to June 10, 1967.” See Exhibit D.
28. DIA has never responded to acknowledge that request, produced responsive
documents, or provided a reason for any withholding. See id.
VI. FIRST CLAIM FOR RELIEF
Violation of Freedom of Information Act (FOIA)
For Failure to Disclose Responsive Records
29. Plaintiff Kinnucan alleges and incorporates as set forth fully herein each and
every allegation contained in the above paragraphs.
30. Defendants have violated 5 U.S.C. § 552(a)(3)(A) by failing to promptly release
agency records in response to Ms. Kinnucan’s FOIA requests, which reasonably described the
records sought as detailed above that. Refusal to provide this information is unlawful.
31. Defendants have violated 5 U.S.C. § 552(a)(6)(A) by failing to timely respond to
the FOIA request detailed above. Refusal to timely respond to the request is unlawful.
32. Injunctive relief is authorized under 5 U.S.C. §552(a)(4)(B) because Defendants
continue to refuse to respond and improperly withholds the requested material, and do so as a
matter of policy or practice, in violation of the FOIA. Ms. Kinnucan has suffered injury and will
continue to suffer injury from Defendants’ illegal refusal to respond and provide records.
33. Declaratory relief is authorized under 22 U.S.C. § 2201 because an actual
controversy exists regarding Defendants’ failure to respond and improper withholding of the
records in violation of the FOIA. An actual controversy exists because Ms. Kinnucan contends
that Defendants’ continuing failure to respond and to release the records violates the law.
VII. PRAYER FOR RELIEF
WHEREFORE, Plaintiff Kinnucan requests the Court award the following relief:
A. Declare that Defendants’ failure to disclose responsive records violates the FOIA;
Case 2:20-cv-01309 Document 1 Filed 09/01/20 Page 6 of 7
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COMPLAINT - 7
Davis Wright Tremaine LLP
LAW OFFICES
920 Fifth Avenue, Suite 3300 Seattle, WA 98104-1610
206.622.3150 main · 206.757.7700 fax
B. Declare unlawful and enjoin Defendants’ practice of failing to comply with their
required duties upon receipt of a properly submitted request under the FOIA;
C. Order Defendants and all entities and agents, or other persons acting by, through,
for, or on behalf of Defendants, to conduct a prompt, reasonable search for records responsive to
Ms. Kinnucan’s FOIA requests, without imposing search or duplication fees pursuant to 5 U.S.C.
§ 552(a)(4)(A);
D. Enjoin Defendants and all entities and agents, or other persons acting by, through,
for, or on behalf of Defendants, from withholding records responsive to Ms. Kinnucan’s FOIA
requests and order them to promptly produce the same;
E. Award Ms. Kinnucan reasonable attorneys’ fees and costs pursuant to 5 U.S.C.
§ 552(a)(4)(E) and 28 U.S.C. § 2412; and
F. Grant all other such relief to Ms. Kinnucan as the Court deems just and equitable.
DATED: September 1, 2020 Respectfully submitted,
Davis Wright Tremaine LLP
By s/ Caesar Kalinowski IVCaesar Kalinowski IV, WSBA #52650
s/ Allexia ArnoldAllexia Arnold, WSBA #54902 920 5th Avenue, Suite 3300 Seattle, WA 98104-1610 Telephone: (206) 622-3150 Fax: (206) 757-7700 E-mail: [email protected]
Thomas R. Burke* 505 Montgomery Street, Suite 800 San Francisco, CA 94111-6533 Telephone: (415) 276-6500 Fax: (415) 276-6599 E-mail: [email protected]
Attorneys for Plaintiff Michelle J. Kinnucan
*pro hac vice application forthcoming
Case 2:20-cv-01309 Document 1 Filed 09/01/20 Page 7 of 7
EXHIBIT A
Case 2:20-cv-01309 Document 1-1 Filed 09/01/20 Page 1 of 6
Case 2:20-cv-01309 Document 1-1 Filed 09/01/20 Page 2 of 6
Case 2:20-cv-01309 Document 1-1 Filed 09/01/20 Page 3 of 6
Case 2:20-cv-01309 Document 1-1 Filed 09/01/20 Page 4 of 6
Case 2:20-cv-01309 Document 1-1 Filed 09/01/20 Page 5 of 6
Case 2:20-cv-01309 Document 1-1 Filed 09/01/20 Page 6 of 6
EXHIBIT B
Case 2:20-cv-01309 Document 1-2 Filed 09/01/20 Page 1 of 3
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Crypto Facility Attacks
Communications File 3 1
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Michelle Kinnucan filed this request
From: Michelle Kinnucan 06/17/2020 with the National Security Agency of
Subject: Freedom of Information Act Request: USS Little Rock ETRs & Crypto Facility Attacks Fax
the United States of America .
To Whom It May Concern:
Submitted June 17, 2020
Pursuant to the Freedom of Information Act, I hereby request the following records:
Due July 16, 2020
1. The Encrypted Traffic Reports (see note 1 below) of the USS Little Rock (CLG-4) for the months of May, June, and July of 1967 and/or any Est. Completion None
analyses or reports that may aggregate or summarize the data/information contained in those reports.
Status
2. Any records pertaining to any attack(s) upon, theft, destruction, disappearance, etc. of U.S. "crypto-equipment" and/or the thirteen "U.S.
Awaiting Response facilities" housing them during the Six-Day War in 1967 (see note 2 below).
Tags Notes:
In order to facilitate the location of the requested documents the two notes below are provided. clg-4 crypto encryption
national security agency six day war Note 1: "In 1966 we had about 25,000 of these KL-7 machines. Where were they used and for what? As some of you may know, we keep fairly
us navy uss little rock careful records on the usage of most of our systems: each user provides a monthly Encrypted Traffic Report (or ETR in our jargon) in which he
lists the number, length, and classification of messages transmitted. In the case of the KL-7, we found that the highest use was in U.S. Navy
networks, next Army, and last Air Force." Source: A HISTORY OF U.S. COMMUNICATIONS SECURITY: THE DAVID G. BOAK LECTURES (NSA, revised
July 1973; ISCAP No. 2009-049) p. 37.
Note 2: "Since those days [1957], no less than 32 (counting MAAG, the total is near 50) U.S. facilities (embassies, legations, missions) containing
crypto-equipment have come under attack, 13 of them during the 6 Day War in the Middle East ..." Source: A HISTORY OF U.S. COMMUNICATIONS
SECURITY: THE DAVID G. BOAK LECTURES, Vol. II, (NSA July 1981; ISCAP No. 2009-049) p. 47.
The requested records will be made available to the general public, and this request is not being made for commercial purposes. I am an
independent researcher and journalist. My previous work on this subject led to the adoption of a resolution, which I authored, at the American
Legion's 2017 national convention. That resolution is published on pages 124-5 of US House of Representatives Document 115–91 and my work
was featured in the August 30, 2017, print and online edition of Seattle Weekly.
In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer
the request filled electronically, by e-mail attachment if available or CD-ROM if not.
Thank you in advance for your anticipated cooperation in this matter.
I look forward to receiving your response to this request within 20 business days, as the statute requires.
Sincerely,
Michelle Kinnucan
From: National Security Agency 06/23/2020
Subject: None Mail
An acknowledgement letter, stating the request is being processed.
Acknowledgement Letter
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Case 2:20-cv-01309 Document 1-2 Filed 09/01/20 Page 2 of 3
From: Muckrock Staff 07/23/2020
Subject: RE: Freedom of Information Act Request: USS Little Rock ETRs & Crypto Facility Attacks Fax
To Whom It May Concern:
I wanted to follow up on the following Freedom of Information Act request, copied below, and originally submitted on June 17, 2020. Please let
me know when I can expect to receive a response.
Thanks for your help, and let me know if further clarification is needed.
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Case 2:20-cv-01309 Document 1-2 Filed 09/01/20 Page 3 of 3
EXHIBIT C
Case 2:20-cv-01309 Document 1-3 Filed 09/01/20 Page 1 of 4
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Thirteen Reports, & a
Letter Communications Files 4 5
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From: Michelle Kinnucan 05/31/2020
Michelle Kinnucan filed this request Subject: Freedom of Information Act Request: USS Liberty: A Memo, Thirteen Reports, & a Letter Portal
with the Central Intelligence Agency of To Whom It May Concern:
the United States of America .
Pursuant to the Freedom of Information Act, I hereby request the following records:
Tracking # F-2020-01511
1. An unredacted copy of a partially declassified CIA memorandum to the DCI (OLC 77-5124/1; Executive Registry 77-9493/5) with the subject line
"Response to Senator James Abourezk on the USS Liberty Incident (S)" and dated 10 Feb 1978 (hereafter "the 1978 memo"). A partially redacted Submitted May 29, 2020
copy of the 1978 memo is attached to this request.
Due June 26, 2020
2. An unredacted copy of each of twelve reports mentioned in numbered section 4 of the 1978 memo, which describes the requested documents Est. Completion None
as follows: "... an examination of NFAC files has identified ten reports predating 21 June 1967 and two reports dated after 21 June 1967 which
were not surfaced during the initial FOIA search but were located as a result of a special search for the Senator. Most of the ten documents are Status
Middle East situation reports which mention the Liberty incident among other matters. The two post-21 June finds are both summaries of earlier
Awaiting Response information and were prepared for Congressional briefings."
Tags 3. An unredacted copy of an additional report mentioned in numbered section 4 of the 1978 memo, which describes the requested document as
follows: "... there is another issue concerning the one report identified to the FOIA requestor early-on but withheld under the exemptions to the agtr-5 central intelligence agency
FOIA ... It is a sensitive analysis which CIA made based on DoD source information." department of defense israel
james abourezk six day war 4. An unredacted copy of a letter mentioned in numbered section 6 of the 1978 memo, which describes the requested document as follows: "This
stansfield turner us navy uss liberty letter describes all twelve of the recently discovered papers on the Liberty and informs him [i.e. Sen. Abourezk] of the action we are taking with
the SSCI on the one sensitive analytical document."
The requested documents will be made available to the general public, and this request is not being made for commercial purposes. I am an
independent researcher and journalist. My previous work on this subject led to the adoption of a resolution, which I authored, at the American
Legion's 2017 national convention. That resolution is published on pages 124-5 of US House of Representatives Document 115–91 and my work
was featured in the August 30, 2017, print and online edition of Seattle Weekly.
In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer
the request filled electronically, by e-mail attachment if available or CD-ROM if not.
Thank you in advance for your anticipated cooperation in this matter.
I look forward to receiving your response to this request within 20 business days, as the statute requires.
Sincerely,
Michelle Kinnucan
Abourezk_DOC_0001359179.pdf
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From: Central Intelligence Agency 06/05/2020
Subject: None Mail
An acknowledgement letter, stating the request is being processed.
Acknowledgement Letter
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Case 2:20-cv-01309 Document 1-3 Filed 09/01/20 Page 2 of 4
From: Michelle Kinnucan 07/01/2020
Subject: RE: Freedom of Information Act Request: USS Liberty: A Memo, Thirteen Reports, & a Letter Portal
To Whom It May Concern:
This is an amendment of my unacknowledged FOIA request submitted to your agency on 31 May 2020. Pursuant to the Freedom of Information
Act, I hereby request the following records:
1. An unredacted copy of a partially declassified CIA memorandum to the DCI (OLC 77-5124/1; Executive Registry 77-9493/5) with the subject line
"Response to Senator James Abourezk on the USS Liberty Incident (S)" and dated 10 Feb 1978 (hereafter "the 1978 memo"). A partially redacted
copy of the 1978 memo is attached to this request.
2. An unredacted copy of each of twelve reports mentioned in numbered section 4 of the 1978 memo, which describes the requested documents
as follows: "... an examination of NFAC files has identified ten reports predating 21 June 1967 and two reports dated after 21 June 1967 which
were not surfaced during the initial FOIA search but were located as a result of a special search for the Senator. Most of the ten documents are
Middle East situation reports which mention the Liberty incident among other matters. The two post-21 June finds are both summaries of earlier
information and were prepared for Congressional briefings."
3. An unredacted copy of an additional report mentioned in numbered section 4 of the 1978 memo, which describes the requested document as
follows: "... there is another issue concerning the one report identified to the FOIA requestor early-on but withheld under the exemptions to the
FOIA ... It is a sensitive analysis which CIA made based on DoD source information."
4. An unredacted copy of a letter mentioned in numbered section 6 of the 1978 memo, which describes the requested document as follows: "This
letter describes all twelve of the recently discovered papers on the Liberty and informs him [i.e. Sen. Abourezk] of the action we are taking with
the SSCI on the one sensitive analytical document."
5. An unredacted copy of a 1967 CIA "Information Report" with the subject line "PROSPECTS FOR POLITICAL AMBITIONS OF MOSHE
DAYAN/ATTACK ON USS LIBERTY ORDERED" (see FOIA Doc. No. 0001359157 and attached).
6. An unredacted copy of any and all records pertaining to the response, analysis, evaluation of, and/or decision not to evaluate, the 1967 CIA
"Information Report" referenced in paragraph 5 above.
7. An unredacted copy of any and all unreleased records pertaining to "the possible role of Moshe Dayan" in the attack on the USS Liberty. A 05
Aug 1981 letter (CREST Doc. No CIA-RDP86M00886R001500080033-5; see attached) from CIA Information and Privacy Coordinator John E. Bacon
indicates that, at that time, the CIA possessed "further information" the agency was unlikely to release.
The requested records will be made available to the general public, and this request is not being made for commercial purposes. I am an
independent researcher and journalist. My previous work on this subject led to the adoption of a resolution, which I authored, at the American
Legion's 2017 national convention. That resolution is published on pages 124-5 of US House of Representatives Document 115-91 and my work
was featured in the August 30, 2017, print and online edition of Seattle Weekly.
In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer
the request filled electronically, by e-mail attachment if available or CD-ROM if not.
Thank you in advance for your anticipated cooperation in this matter.
I look forward to receiving your response to this request within 20 business days, as the statute requires.
Sincerely,
Michelle Kinnucan
Abourezk_DOC_0001359179.pdf
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CIA-RDP86M00886R001500080033-5.pdf
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CIA20Moshe20Dayan20DOC_0001359157.pdf
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Case 2:20-cv-01309 Document 1-3 Filed 09/01/20 Page 3 of 4
From: Michelle Kinnucan 07/01/2020
Subject: RE: Freedom of Information Act Request #F-2020-01511 Portal
Re: Ref. F-2020-01511
Dear Mr. Lilly:
Your agency's acknowledgement letter, dated June 3, 2020, was not made available to me until June 19, 2020. Prior to that, on June 17, 2020, I
submitted an amended request to your agency. Has that request been received?
Sincerely,
Michelle Kinnucan
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Agencies Store accountable.
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Completed Make a Donation
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Case 2:20-cv-01309 Document 1-3 Filed 09/01/20 Page 4 of 4
EXHIBIT D
Case 2:20-cv-01309 Document 1-4 Filed 09/01/20 Page 1 of 2
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File a Request more.
Israel
Communications Files 2 0
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Michelle Kinnucan filed this request
From: Michelle Kinnucan 06/17/2020 with the Defense Intelligence Agency of
Subject: Freedom of Information Act Request: Office of Defense Attaché - Israel Email
the United States of America .
To Whom It May Concern:
Submitted June 17, 2020
Pursuant to the Freedom of Information Act, I hereby request the following records:
Status
1. All communications and message traffic to or from the Office of Defense Attaché in Israel from June 5, 1967 to June 10, 1967.
Awaiting Acknowledgement
2. All communications and message traffic to of from the Office of Defense Attaché in Israel from June 5, 1967 to June 10, 1967, including, but not Tags
limited to, messages received from or sent to the Army Communications Station/Center at the Pentagon.
agtr-5 defense intelligence agency israel
3. All communications and message traffic to or from the Office of Defense Attaché in Israel from June 5, 1967 to June 10, 1967, including, but not six day war uss liberty
limited to, messages relayed via the Army Communications Station/Center at the Pentagon.
The requested records will be made available to the general public and this request is not being made for commercial purposes. I am an
independent researcher and journalist. My previous work on the USS Liberty led to the adoption of a resolution, which I authored, at the
American Legion's 2017 national convention. That resolution is published on pages 124-5 of US House of Representatives Document 115-91 and
my work was featured in the August 30, 2017, print and online edition of Seattle Weekly.
In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer
the request filled electronically, by e-mail attachment if available or CD-ROM if not.
Thank you in advance for your anticipated cooperation in this matter.
I look forward to receiving your response to this request within 20 business days, as the statute requires.
Sincerely,
Michelle Kinnucan
From: Muckrock Staff 07/16/2020
Subject: RE: Freedom of Information Act Request: Office of Defense Attaché - Israel Email
To Whom It May Concern:
I wanted to follow up on the following Freedom of Information Act request, copied below, and originally submitted on June 17, 2020. Please let
me know when I can expect to receive a response.
Thanks for your help, and let me know if further clarification is needed.
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Case 2:20-cv-01309 Document 1-4 Filed 09/01/20 Page 2 of 2
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Michelle J. Kinnucan
National Security Agency, The Central Intelligence Agency, The
Defense Intelligence Agency, and The Department of Defense
King
Caesar Kalinowski and Allexia Arnold, Davis Wright Tremaine LLP, 920
Fifth Avenue, Suite 3300, Seattle, WA 98104-1610 Ph: 206-622-3150
5 U.S.C. § 552
Failure to respond to Freedom of Information Act requests
09/01/2020 s/ Caesar Kalinowski
Case 2:20-cv-01309 Document 1-5 Filed 09/01/20 Page 1 of 2
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Case 2:20-cv-01309 Document 1-5 Filed 09/01/20 Page 2 of 2
AO 440 (Rev. 06/12) Summons in a Civil Action
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SUMMONS IN A CIVIL ACTION
To: (Defendant’s name and address)
A lawsuit has been filed against you.
Within 21 days after service of this summons on you (not counting the day you received it) — or 60 days if youare the United States or a United States agency, or an officer or employee of the United States described in Fed. R. Civ.
P. 12 (a)(2) or (3) — you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 ofthe Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiff’s attorney,whose name and address are:
If you fail to respond, judgment by default will be entered against you for the relief demanded in the complaint. You also must file your answer or motion with the court.
CLERK OF COURT
Date:Signature of Clerk or Deputy Clerk
Western District of Washington
MICHELLE J. KINNUCAN,
NATIONAL SECURITY AGENCY, et al.
NATIONAL SECURITY AGENCY
Office of the General Counsel
9800 Savage Rd. Suite 6272
Ft. George G. Meade, MD 20755-6000
Caesar Kalinowski
Allexia Arnold
Davis Wright Tremaine LLP
920 Fifth Avenue, Ste. 3300
Seattle, WA 98104
Case 2:20-cv-01309 Document 1-6 Filed 09/01/20 Page 1 of 2
AO 440 (Rev. 06/12) Summons in a Civil Action (Page 2)
Civil Action No.
PROOF OF SERVICE
(This section should not be filed with the court unless required by Fed. R. Civ. P. 4 (l))
This summons for (name of individual and title, if any)
was received by me on (date) .
’ I personally served the summons on the individual at (place)
on (date) ; or
’ I left the summons at the individual’s residence or usual place of abode with (name)
, a person of suitable age and discretion who resides there,
on (date) , and mailed a copy to the individual’s last known address; or
’ I served the summons on (name of individual) , who is
designated by law to accept service of process on behalf of (name of organization)
on (date) ; or
’ I returned the summons unexecuted because ; or
’ Other (specify):
.
My fees are $ for travel and $ for services, for a total of $ .
I declare under penalty of perjury that this information is true.
Date:Server’s signature
Printed name and title
Server’s address
Additional information regarding attempted service, etc:
0.00
Case 2:20-cv-01309 Document 1-6 Filed 09/01/20 Page 2 of 2
AO 440 (Rev. 06/12) Summons in a Civil Action
UNITED STATES DISTRICT COURTfor the
__________ District of __________
)
)))
)))
)))
)
)
Plaintiff(s)
v. Civil Action No.
Defendant(s)
SUMMONS IN A CIVIL ACTION
To: (Defendant’s name and address)
A lawsuit has been filed against you.
Within 21 days after service of this summons on you (not counting the day you received it) — or 60 days if youare the United States or a United States agency, or an officer or employee of the United States described in Fed. R. Civ.
P. 12 (a)(2) or (3) — you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 ofthe Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiff’s attorney,whose name and address are:
If you fail to respond, judgment by default will be entered against you for the relief demanded in the complaint. You also must file your answer or motion with the court.
CLERK OF COURT
Date:Signature of Clerk or Deputy Clerk
Western District of Washington
MICHELLE J. KINNUCAN,
NATIONAL SECURITY AGENCY, et al.
Central Intelligence Agency
Information and Privacy Coordinator
Washington, DC 20505
Caesar Kalinowski
Allexia Arnold
Davis Wright Tremaine LLP
920 Fifth Avenue, Ste. 3300
Seattle, WA 98104
Case 2:20-cv-01309 Document 1-7 Filed 09/01/20 Page 1 of 2
AO 440 (Rev. 06/12) Summons in a Civil Action (Page 2)
Civil Action No.
PROOF OF SERVICE
(This section should not be filed with the court unless required by Fed. R. Civ. P. 4 (l))
This summons for (name of individual and title, if any)
was received by me on (date) .
’ I personally served the summons on the individual at (place)
on (date) ; or
’ I left the summons at the individual’s residence or usual place of abode with (name)
, a person of suitable age and discretion who resides there,
on (date) , and mailed a copy to the individual’s last known address; or
’ I served the summons on (name of individual) , who is
designated by law to accept service of process on behalf of (name of organization)
on (date) ; or
’ I returned the summons unexecuted because ; or
’ Other (specify):
.
My fees are $ for travel and $ for services, for a total of $ .
I declare under penalty of perjury that this information is true.
Date:Server’s signature
Printed name and title
Server’s address
Additional information regarding attempted service, etc:
0.00
Case 2:20-cv-01309 Document 1-7 Filed 09/01/20 Page 2 of 2
AO 440 (Rev. 06/12) Summons in a Civil Action
UNITED STATES DISTRICT COURTfor the
__________ District of __________
)
)))
)))
)))
)
)
Plaintiff(s)
v. Civil Action No.
Defendant(s)
SUMMONS IN A CIVIL ACTION
To: (Defendant’s name and address)
A lawsuit has been filed against you.
Within 21 days after service of this summons on you (not counting the day you received it) — or 60 days if youare the United States or a United States agency, or an officer or employee of the United States described in Fed. R. Civ.
P. 12 (a)(2) or (3) — you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 ofthe Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiff’s attorney,whose name and address are:
If you fail to respond, judgment by default will be entered against you for the relief demanded in the complaint. You also must file your answer or motion with the court.
CLERK OF COURT
Date:Signature of Clerk or Deputy Clerk
Western District of Washington
MICHELLE J. KINNUCAN,
NATIONAL SECURITY AGENCY, et al.
DEFENSE INTELLIGENCE AGENCY
ATTN: FAC2C (FOIA)
7400 Pentagon
Washington, DC 20301-7400
Caesar Kalinowski
Allexia Arnold
Davis Wright Tremaine LLP
920 Fifth Avenue, Ste. 3300
Seattle, WA 98104
Case 2:20-cv-01309 Document 1-8 Filed 09/01/20 Page 1 of 2
AO 440 (Rev. 06/12) Summons in a Civil Action (Page 2)
Civil Action No.
PROOF OF SERVICE
(This section should not be filed with the court unless required by Fed. R. Civ. P. 4 (l))
This summons for (name of individual and title, if any)
was received by me on (date) .
’ I personally served the summons on the individual at (place)
on (date) ; or
’ I left the summons at the individual’s residence or usual place of abode with (name)
, a person of suitable age and discretion who resides there,
on (date) , and mailed a copy to the individual’s last known address; or
’ I served the summons on (name of individual) , who is
designated by law to accept service of process on behalf of (name of organization)
on (date) ; or
’ I returned the summons unexecuted because ; or
’ Other (specify):
.
My fees are $ for travel and $ for services, for a total of $ .
I declare under penalty of perjury that this information is true.
Date:Server’s signature
Printed name and title
Server’s address
Additional information regarding attempted service, etc:
0.00
Case 2:20-cv-01309 Document 1-8 Filed 09/01/20 Page 2 of 2
AO 440 (Rev. 06/12) Summons in a Civil Action
UNITED STATES DISTRICT COURTfor the
__________ District of __________
)
)))
)))
)))
)
)
Plaintiff(s)
v. Civil Action No.
Defendant(s)
SUMMONS IN A CIVIL ACTION
To: (Defendant’s name and address)
A lawsuit has been filed against you.
Within 21 days after service of this summons on you (not counting the day you received it) — or 60 days if youare the United States or a United States agency, or an officer or employee of the United States described in Fed. R. Civ.
P. 12 (a)(2) or (3) — you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 ofthe Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiff’s attorney,whose name and address are:
If you fail to respond, judgment by default will be entered against you for the relief demanded in the complaint. You also must file your answer or motion with the court.
CLERK OF COURT
Date:Signature of Clerk or Deputy Clerk
Western District of Washington
MICHELLE J. KINNUCAN,
NATIONAL SECURITY AGENCY, et al.
DEPARTMENT OF DEFENSE
Defense Freedom of Information Division
1155 Defense Pentagon
Washington, DC 20301-1155
Caesar Kalinowski
Allexia Arnold
Davis Wright Tremaine LLP
920 Fifth Avenue, Ste. 3300
Seattle, WA 98104
Case 2:20-cv-01309 Document 1-9 Filed 09/01/20 Page 1 of 2
AO 440 (Rev. 06/12) Summons in a Civil Action (Page 2)
Civil Action No.
PROOF OF SERVICE
(This section should not be filed with the court unless required by Fed. R. Civ. P. 4 (l))
This summons for (name of individual and title, if any)
was received by me on (date) .
’ I personally served the summons on the individual at (place)
on (date) ; or
’ I left the summons at the individual’s residence or usual place of abode with (name)
, a person of suitable age and discretion who resides there,
on (date) , and mailed a copy to the individual’s last known address; or
’ I served the summons on (name of individual) , who is
designated by law to accept service of process on behalf of (name of organization)
on (date) ; or
’ I returned the summons unexecuted because ; or
’ Other (specify):
.
My fees are $ for travel and $ for services, for a total of $ .
I declare under penalty of perjury that this information is true.
Date:Server’s signature
Printed name and title
Server’s address
Additional information regarding attempted service, etc:
0.00
Case 2:20-cv-01309 Document 1-9 Filed 09/01/20 Page 2 of 2