Thus, Judicial Watch could not have raised claims based on it, and it has changed the legal issues involved in this case.' Addressing the application of collateral estoppel, Kelly observed that collateral estoppel gets State no further. Applying the doctrine here, Kelly noted that 'the problem with State's argument is that the Grenell Memorandum did not exist when the earlier lawsuit about Judicial Watch's original request was pending. Kelly explained that res judicata barred a later lawsuit if a court had ruled on the merits in a case involving the same cause of action and the same parties. As a result of the Grenell disclosure, Judicial Watch filed suit on its 2019 request, arguing that the original Glomar defense was waived as to disclosures to Power. In May 2020, Acting Director of National Intelligence Richard Grenell released a newly declassified memorandum and accompanying list that identified officials who had requested the unmasking of former National Intelligence Advisor Michael Flynn's identity, including Power.

Shortly after Kelly's ruling, Judicial Watch submitted the exact same request in 2019. At that time, Kelly upheld the agency's Glomar defense. The Department of State issued a Glomar response, neither confirming nor denying the existence of records. Judicial Watch submitted its first request in 2017. After hearing nothing further from the agency and based on that change in circumstances, Judicial Watch filed suit.Ĭomplaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Vaughn index, Litigation - Attorney's feesįOIA Project Annotation: Judge Timothy Kelly has ruled that the Department of State has not shown that the doctrines of res judicata or collateral estoppel apply to records related to former UN Ambassador Samantha Power's use of unmasked classified records pertaining to Trump presidential or transition team members who were identified pursuant to intelligence collection activities. However, Judicial Watch pointed out that in 2020, the Office of the Director of National Intelligence had declassified documents indicating that Powers had made seven requests to unmask Michael Flynn's identity. Judicial Watch explained that it had made the identical request in 2018 and that in 2019, a district court judge had accepted State's Glomar response. The agency acknowledged receipt of the request. citizens identified during the investigation of Russian interference in the 2016 election.

Judicial Watch submitted a FOIA request to the Department of State for records concerning requests by former UN Ambassador Samantha Powers to 'unmask' the identities of U.S.

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