Case 1:20-cv-03281 Document 1 Filed 11/13/20 Page 1 of 4

UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLUMBIA

THE AMERICAN IDEAS INSTITUTE *

BARBARA BOLAND *
910 17th Street, NW *
Suite 312 *
Silver Spring, Maryland 20910 *
*
Plaintiffs, *
*
v. * Civil Action No. 20-3281
*
DEPARTMENT OF STATE *
Office of the Legal Adviser *
600 19th Street, NW *
Washington, D.C. 20522 *
*
Defendant. *
*
* * * * * * * * * * * *
COMPLAINT

This is an action under the Freedom of Information Act (“FOIA”), 5 U.S.C. § 552, et seq.,

as amended, seeking production of records responsive to requests submitted by the Plaintiffs

The American Ideas Institute and Barbara Boland to the Defendant Department of State.

JURISDICTION

1. This Court has both subject matter jurisdiction over this action and personal jurisdiction

over the Defendant pursuant to 5 U.S.C. § 552(a)(4)(B) and 28 U.S.C. § 1331.

VENUE

2. Venue is appropriate under 5 U.S.C. § 552(a)(4)(B) and 28 U.S.C. § 1391.

PARTIES

3. Plaintiff The American Ideas Institute is a non-profit organization that owns and operates

the American Conservative magazine, where Plaintiff Barbara Boland (“Ms. Boland”) works.

Ms. Boland qualifies as a representative of the news media.

 Case 1:20-cv-03281 Document 1 Filed 11/13/20 Page 2 of 4

4. Defendant Department of State (“State”) is an agency within the meaning of

5 U.S.C. § 552 (f), and is in possession and/or control of the records requested by the Plaintiffs

that are the subject of this action.

FACTUAL BACKGROUND

5. This FOIA lawsuit is brought to compel the production of records regarding the

investigation into a foiled coup attempt in Venezuela in May 2020, that was purportedly led by

various former U.S. military personnel.

6. According to media reporting, on May 3, 2020, the Venezuelan Government reported that

it had foiled an armed coup attempt and alleged the operation was led by Jordan Goudreau

(“Goudreau”), a former U.S. special operations soldier, along with Javier Nieto, a retired

Venezuelan military captain. The operation was purportedly named “Operation Gideon” and

allegedly included a signed contract between Goudreau’s private security firm, Silvercorp USA

(“Silvercorp”), and Venezuelan opposition leader, Juan Guaido. https://www.the

americanconservative.com/articles/how-did-a-bronze-star-green-beret-end-up-behind-

venezuelan-bay-of-pigs/ (last accessed November 11, 2020).

7. The foiled operation came amidst heightened tensions between Venezuela and the United

States, and accusations were quickly leveled against the Trump Administration for possible

complicity in the attack. Former National Security Advisor John Bolton had cryptically tweeted,

“Morning is coming to Venezuela – again”, mere days before the launch of Operation Gideon

and on the first anniversary of a separate failed coup attempt in Venezuela. The Trump

Administration denied involvement in the matter, specifically in terms of an alleged connection

between Goudreau (or Silvercorp) and President Donald Trump’s former White House advisor

and longtime bodyguard, Keith Schiller (“Schiller”). Id.

2
 Case 1:20-cv-03281 Document 1 Filed 11/13/20 Page 3 of 4

8. The details surrounding this debacle remain shrouded in confusion, secrecy and

fragmented official narratives. There is a genuine interest in having a fuller and complete

understanding of exactly how much (if at all) the prestige and credibility of the United States

Government was put on the line in support of a modern day Bay of Pigs failure.

COUNT ONE (STATE)

9. The Plaintiffs repeat and reallege paragraphs 5 through 8 above, inclusive.

10. On August 6, 2020, the Plaintiffs submitted a FOIA request to State that sought copies

of “documents, emails, phone calls, memorandum, and general communications that mention

any of the following people: Jordan Goudreau, Keith Schiller, Airan Berry, Luke Denman,

Javier Nieto, Cliver Alcala, or the company Silvercorp USA.” The FOIA request stated that Ms.

Boland qualified for designation as a representative of the news media, and also sought a fee

waiver and expedited processing.

11. By e-mail dated August 10, 2020, State acknowledged receipt of the request and

assigned it Request No. F-2020-07506. State noted that it was granting a fee waiver but was

denying expedited processing.

12. To date, no substantive response has been received by the Plaintiffs from State. All

required administrative remedies have now been constructively exhausted.

COUNT TWO (STATE)

13. The Plaintiffs repeat and reallege paragraphs 5 through 8 above, inclusive.

14. On August 18, 2020, the Plaintiffs submitted another FOIA request to State that sought

copies of “documents, emails, phone calls, memorandum, and general communications that

mention any of the following people: Karg Art Glass, Rolling Karg, and Patricia Karg.” The

3
 Case 1:20-cv-03281 Document 1 Filed 11/13/20 Page 4 of 4

FOIA request stated that Ms. Boland qualified for designation as a representative of the news

media, and also sought a fee waiver and expedited processing.

15. By e-mail dated August 19, 2020, State acknowledged receipt of the request and

assigned it Request No. F-2020-07889. State noted it was denying expedited processing.

16. To date, no substantive response has been received by the Plaintiffs from State. All

required administrative remedies have now been constructively exhausted.

WHEREFORE, the Plaintiffs pray that this Court:

(1) Orders the Defendant to disclose the requested records in their entirety and make copies

promptly available to the Plaintiffs;

(2) Award reasonable costs and attorney’s fees as provided in 5 U.S.C. § 552 (a)(4)(E)

and/or 28 U.S.C. § 2412 (d);

(3) expedite this action in every way pursuant to 28 U.S.C. § 1657 (a); and

(4) grant such other relief as the Court may deem just and proper.

Date: November 13, 2020

Respectfully submitted,

/s/ Bradley P. Moss

__________________________
Bradley P. Moss, Esq.
D.C. Bar #975905
Mark S. Zaid, Esq.
D.C. Bar #440532
Mark S. Zaid, P.C.
1250 Connecticut Avenue, N.W.
Suite 700
Washington, D.C. 20036
(202) 454-2809
(202) 330-5610 fax
Brad@MarkZaid.com
Mark@MarkZaid.com

Attorneys for the Plaintiff