STUART M. GERSON Assistant Attorney General JOHN A. MENDEZ United States Attorney STEPHEN L. SCHIRLE Chief, Civil Division MARY BETH UITTI Assistant United States Attorney (415) 556-6181 ELIZABETH A. PUGH JOHN S. MARTIN Attorneys, Department of Justice Civil Division Room 1024 901 E Street N.W. Washington, D.C. 20530 (202)616-0179 UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA John C. Gilmore, ) Plaintiff ) Civil Action No. C-92-3646 ) TEH vs . ) ) National Security ) Agency, ) Defendant. ) ANSWER Defendant, the National Security Agency ("NSA"), by its undersigned attorneys answers plaintiff's complaint as follows: FIRST DEFENSE The records or parts of records requested by, but withheld from, plaintiff are exempt from disclosure pursuant to exemptions (1) and (3) of the Freedom of Information Act ("FOIA"), 5 U.S.C. ¤¤552(b)(1) and (3). SECOND DEFENSE Defendant has not improperly withheld any records or parts of records from plaintiff. THIRD DEFENSE Defendant answers each numbered paragraph of the complaint as follows: 1. This paragraph contains plaintiff's characterization of his action to which no answer is required, but insofar as an answer may be deemed required, denied. 2. Admit first sentence. Defendant lacks knowledge or information sufficient to form a belief as to plaintiff's residence. 3. Defendant lacks knowledge or information sufficient to form a belief as to the truth of plaintiff's claim regarding his advocacy or his residence. Defendant admits that plaintiff has requested agency records which have been withheld. 4. Defendant admits that it is an agency of the United States and that it has possession of and control over the records that plaintiff seeks. 5. Defendant admits to its receipt on July 2, 1992 of a request on behalf of plaintiff under the Freedom of Information Act, dated June 27, 1992 (Exhibit 1 to plaintiff's Complaint), to which the Court is respectfully referred for a full and complete statement of its contents. 6. Defendant admits to its receipt on July 2, 1992 of a request under the Freedom of Information Act, to which the Court is respectfully referred for a full and complete statement of its contents. 7. Defendant admits that it mailed plaintiff's attorney a FOIA/Privacy Act Request Interim Response, postmarked July 17, 1992 (Exhibit 3 to plaintiff's Complaint), to which the Court is respectfully referred for a full and complete statement of its contents. 8. Defendant admits to its receipt of an appeal letter, dated July 21, 1992 (Exhibit 4 to plaintiff's Complaint), under the Freedom of Information Act, to which the Court is respectfully referred for a full and complete statement of its contents. 9. Defendant admits to its receipt of an appeal letter on July 24, 1992. 10.Defendant admits to the passage of time noted by plaintiff, but denies that it has failed to respond to plaintiff's request and appeal. Defendant responded to plaintiff's appeal by letter dated September 9, 1992, and to plaintiff's initial request by letter dated October 2, 1992. 11. Admitted. 12. Defendant incorporates by reference its answers to paragraphs 1 through 11. 13. Admitted. 14. This paragraph contains a conclusion of law to which no answer is required, but insofar as an answer may be deemed required, denied. 15. Deny first sentence. Defendant avers that it responded to plaintiff's appeal by letter dated September 9, 1992 and responded to plaintiff's initial request by letter dated October 2, 1992. Admit second sentence. Deny third sentence, except to admit that a postcard was sent by Defendant to plaintiff, to which the Court is respectfully referred for a full and complete statement of its contents. Deny fourth sentence. 16. This paragraph contains a conclusion of law to which no response is required. Defendant avers that it mailed plaintiff a FOIA/Privacy Act Interim Response, to which the Court is respectfully referred for a full and complete statement of its contents. (Exhibit 3 to plaintiff's complaint). 17. Denied, except to aver that defendant responded substantively to plaintiff's FOIA request by letter dated October 2, 1992. 18. This paragraph contains characterizations of facts and a conclusion of law to which no answer is required, but insofar as an answer may be deemed required, denied. 19. This paragraph contains a conclusion of law to which no answer is required, but insofar as an answer may be deemed required, denied. 20. Defendant incorporates by reference its answers to paragraphs 1 through 19. 21. Admit the first part of this paragraph, that defendant maintains records which are subject to the request procedures of the FOIA. The second part of this paragraph contains a conclusion of law to which no answer is required. 22. Defendant lacks knowledge or information sufficient to form a belief as to the truth of plaintiff's claim regarding his public interest mission. 23. This paragraph contains a conclusion of law to which no answer is required, but insofar as an answer may be deemed required, denied. 24. Denied. except to admit that defendant often mails postcards to inform FOIA requesters of the status of their request. 25. Denied, except to aver that some FOIA responses occur more than 10 days after receipt of a request. 26. Denied. 27. Denied. 28. Denied. 29. Denied. 30. This paragraph contains a conclusion of law to which no answer is required, but insofar as an answer may be deemed required, denied. 31. Defendant incorporates by reference its answers to paragraphs 1 through 30. 32. Denied. 33. Defendant lacks knowledge or information sufficient to form a belief as to the truth of plaintiff's claim regarding his plans and potential harm to him. Defendant denies the existence of any practice of silence and delay. 34. Denied. 35. The remainder of plaintiff's complaint consists of plaintiff's prayer for relief to which no answer is required, but insofar as an answer may be deemed required, denied. Answering the complaint further, defendant denies each and every allegation not admitted, denied, or otherwise finalized. Wherefore, defendant prays that this action be dismissed with prejudice, and that such other relief as may be just and reasonable be given defendant. Respectfully submitted, STUART M. GERSON Assistant Attorney General JOHN A. MENDEZ United States Attorney STEPHEN L. SCHIRLE Chief, Civil Division MARY BETH UITTI Assistant United States Attorney (signed) ELIZABETH A. PUGH (signed) JOHN S. MARTIN Attorneys, Department of Justice Civil Division Room 1024 901 E Street N.W. Washington, D.C. 20530 (202)616-0179 Of Counsel: Alison Jameson National Security Agency Fort Meade, Maryland 20755