Protect Democracy Project v. Department of Justice, et al. - Notice of OLC Memorandum

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UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
THE PROTECT DEMOCRACY
PROJECT, INC.,
Plaintiff,
v.
U.S. DEPARTMENT OF JUSTICE, et al.,
Defendants.
Case No. 20-cv-172-RC
NOTICE OF OLC MEMORANDUM
Pursuant to the Court’s March 12, 2020 Minute Order in which it directed Defendants to
“submit a filing on behalf of OLC indicating whether it possesses a memorandum or opinion
responsive to Plaintiff’s FOIA requests,” Defendants provide the following statement:
OLC possesses a legal memorandum meeting the description of Plaintiff’s FOIA request.
That memorandum is nonresponsive to the FOIA request because it was signed after January 31,
2020, which was the date OLC initiated its search for responsive records. The Department of
Justice FOIA regulations state that, “[i]n determining which records are responsive to a request, a
component ordinarily will include only records in its possession as of the date that it begins its
search.” 28 C.F.R. § 16.4(a). Nevertheless, OLC will include the document in its processing of
Plaintiff’s request.
Dated: March 19, 2020 Respectfully submitted,
JOSEPH H. HUNT
Assistant Attorney General
ELIZABETH J. SHAPIRO
Deputy Director, Federal Programs Branch
Case 1:20-cv-00172-RC Document 25 Filed 03/19/20 Page 1 of 2

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