Motion for Discovery Filed

Discovery is rare in FOIA cases. When it is granted, it is typically limited to the processing of records themselves.

However, last week I filed a motion for discovery related to the following FOIA’s:

• DOD 22-F-0854 

  • Request: “...any memorandums of understanding, contracts, emails, or agreements in DARPA's possession concerning the use of DARPA's resources in the aid of criminal investigations by the FBI or prosecutions by the Department of Justice.”

• DOD 23-F-0055

  • Request: “...all emails in the account of Angelos Keromytis (DARPA) sent to or from emails ending with @usdoj.gov or @fbi.gov suffixes.”

• FBI 1558747-000 

  • Request: “...any reports, emails, memorandums, or letters in the FBI's possession relating to the hack of the DNC or Guccifer 2.0 that were provided by David Dagon or Manos Antonakakis.”

• ODNI DF-2022-00400 

  • Request: “...any files in DNI's possession relating to attribution work done on the hack of the Democratic National Committee by the Russians in 2016 that originated with or was influenced by, Rodney Joffe, David Dagon, Manos Antonakakis, Angelos Keromytis, or Tejas Patel.”

• ODNI DF-2022-00401 

  • Request: “...any reports, emails, assessments or notes used to support the October 7, 2016 attribution statement noted here:  https://www.dhs.gov/news/2016/10/07/joint-statement-department-homeland-security-and-office-director-national.”

Part of what might make discovery possible are the inaccurate public statements issued by DARPA, first to Jerry Dunleavy and then to Senator Grassley. We have shown there is more to the story.

The motivations to hide the role of Clinton-connected cyber researchers also draw consideration. I did the best I could to lay it all out for the court.

At the least, the government’s response may tell us something. I will have an update in a few days with everything I am up to, suffice to say, I am going to raise hell for a few weeks.

Tomorrow I will hit their flanks, which they have left unprotected.