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Human Rights Alert Digitally signed by

Joseph Zernik
PO Box 526, La Verne, CA 91750 DN: cn=Joseph
Zernik, o, ou,
Fax: 323.488.9697; Email: jz12345@earthlink.net email=jz12345@earthl
ink.net, c=US
Blog: http://human-rights-alert.blogspot.com/ Date: 2011.05.23
11:52:55 +03'00'
Scribd: http://www.scribd.com/Human_Rights_Alert

11-05-23 RE: FEC FOIA No. 2011-46 in re: Citizens United v Federal Elections Commission,
2nd Zernik’s Reply on FEC’s 2nd FOIA Response

Attached:

# Date Record Page #


1 May 23, 2011 Zernik’s Reply on FEC FOIA OFFICE 2nd Email response 2
2 May 20, 2011 FEC FOIA Office 2nd Email response 4
Attachments:
3 May 10, 2011 Zernik’s Reply on FEC FOIA Office 1st Email response 7
4 July 18, 2008 NEF (Notice of Electronic Filing) Citizens United v Federal Election 13
Commission, US District Court, DC, Dkt #73
5 May 9, 2011 FEC FOIA Office 1st Response as a signed PDF 15
z Page 2/2 May 23, 2011

Date: Mon, 23 May 2011 11:03:34 +0300


To: FOIA@fec.gov
From: joseph zernik <jz12345@earthlink.net>
Subject: Re: Fwd: Reply on your May 9, 2011 Response on FEC Freedom of Information Act (FOIA)
Request, No. 2011-46, in re: February 22, 2010 Judgment in Citizens United v Federal Election
Commission (08-805)

May 23, 2011

Sally R. Bacon, Esq


FOIA Requester Service Center
Federal Election Commission

RE: FEC Freedom of Information Act (FOIA) Request, No. 2011-46, in re: February 22, 2010
Judgment in Citizens United v Federal Election Commission (08-805) in the US Supreme Court
and Citizens United v Federal Election Commission (1:07-cv-02240) in the US District Court, DC

Dear Attorney Bacon:

Thanks for your prompt response.

I would be grateful if you could please follow up on Request #2011-46, as detailed below:

1) RE: Judgment of the US Supreme Court as served on the Federal Election Commission

The Judgment record of the US Supreme Court, which you provided, is obviously derived from the
PACER docket of the US District Court, and is NOT the record of the Supreme Court Judgment as
served upon the Federal Election Commission. In your response you imply that no additional such
record exists with the Commission. I would be grateful if you could explicitly answer the question:
Is there on file with the Federal Election Commission a record of the US Supreme Court
Judgment in Citizens United v Federal Election Commision (corresponding to Dkt #73 in the
US District Court), as served on the Federal Election Commission by the US Supreme Court?

2) RE: NEF of the Judgment (Dkt #73), as docketed by the US District Court, DC

The NEF of Dkt #73, which you provided in your response, lists the person who issued the Notice only
as "znmw".

Would you please be able to confirm (to the degree that such question is permitted under
FOIA) the identity of the individual, who issued the NEF of the Judgment (Dkt #73) in the US
District Court, and whether that individual was in fact a Clerk of the Court or Deputy Clerk of
the Court?

2) RE: Summons of the US District Court, DC

The docket of Citizens United v Federal Election Committee (1:07-cv-02240) in the US District Court,
DC, lists:
a) 12/13/2007 Dkt # (none) SUMMONS (3) Issued as to FEDERAL ELECTION COMMISSION, U.S.
Attorney and U.S. Attorney General. (jf, ) (Entered: 12/14/2007)

b) 12/14/2007 Dkt# 10 ENTERED IN ERROR.....RETURN OF SERVICE/AFFIDAVIT of Summons and


Complaint Executed as to FEDERAL ELECTION COMMISSION served on 12/13/2007, answer due
2/11/2008. (Bopp, James) Modified on 12/17/2007 (tg, ). (Entered: 12/14/2007)

c) 12/17/2007 Dkt #15 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to


FEDERAL ELECTION COMMISSION served on 12/13/2007, answer due 2/11/2008. (Bopp, James)
(Entered: 12/17/2007)
z Page 3/3 May 23, 2011

These are the only entries in the docket, pertaining to the Summons on Federal Election Commission.
Between the three entries, only Dkt #15 includes a copy of the summons as executed. However, the
copy that was filed with the US District Court fails to show the Seal of the Court, and that may be the
outcome of photocopying or scanning.

Would you please be able to provide a copy of the Summons as served on the Federal
Election Commission from the Commission's files, showing the Seal of the Court?
Alternatively, if the copy on file with the Commission does not show the Seal of the Court,
would you please provide the copy of the record as is, and explicitly state in your reply that the
record, as found on file with the Commission, does not show the Seal of the Court?

I would be grateful if you provide your response on these questions with a PDF cover letter signed by
you.

Thank you again, and with this follow up I hope to conclude this FOIA request.

Truly,

Joseph Zernik, PhD


Human Rights Alert (NGO)
z Page 4/4 May 23, 2011

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From: FOIA@fec.gov
To: joseph zernik <jz12345@earthlink.net>
Subject: Re: Fwd: Reply on your May 9, 2011 Response on FEC Freedom of Information
Act (FOIA) Request, No. 2011-46, in re: February 22, 2010 Judgment in
Citizens United v Federal Election Commission (08-805)
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Hi Mr. Zernik,

I've attached the Notice of Electronic Filing you requested as well as a pdf signed copy of my originial
response letter to you. This is the only additional information that we have.

Sincerely,

Sally R. Bacon, Esq.


FOIA Requester Service Center

______________

joseph zernik <jz12345@earthlink.net>

05/17/2011 05:56 AM

To FOIA@fec.gov

cc
Subject Fwd: Reply on your May 9, 2011 Response on FEC Freedom of Information Act (FOIA) Request, No. 2011-46, in re: February 22,
2010 Judgment in Citizens United v Federal Election Commission (08-805)

May 17, 2011

Dear Attorney Bacon:

Please confirm receipt of my May 10, 2011 Reply on FEC FOIA-Response No. 2011-46, copied below,
and the attached PDF record.

Truly,

Joseph Zernik, PhD


Human Rights Alert (NGO)

Date: Tue, 10 May 2011 02:29:40


To: FOIA@fec.gov
From: joseph zernik <jz12345@earthlink.net>
z Page 5/5 May 23, 2011

Subject: Reply on your May 9, 2011 Response on FEC Freedom of Information Act (FOIA) Request,
No. 2011-46, in re: February 22, 2010 Judgment in Citizens United v Federal Election Commission (08-
805)

Dear Attorney Bacon:

Please accept the attached, [1] as my reply on your May 9, 2011 Response on FEC Freedom of
Information Act (FOIA) Request, No. 2011-46, in re: February 22, 2010 Judgment in Citizens United v
Federal Election Commission (08-805).

Truly,

Joseph Zernik, PhD


Human Rights Alert (NGO)

Attached:
[1] 11-05-10 Reply on FEC Response on FEC Freedom of Information Act (FOIA) Request, No. 2011-
46, in re: February 22, 2010 Judgment in Citizens United v Federal Election Commission (08-805)

______________

At 11:43 PM 5/9/2011, you wrote:

May 9, 2011

VIA E-MAIL
Dr. Joseph Zernik
2231 South Ct.
Palo Alto, CA 94301
Jz12345@earthlink.net

Subject: FEC Freedom of Information Act (FOIA) Request, No. 2011-46

Dear Dr. Zernik,

This letter responds to your FOIA request to the Federal Election Commission (FEC or Commission) received
April 22, 2011. You requested the following records pertaining to the litigation of Citizens United v Federal
Elections Commission (08-805) in the Supreme Court of the United States:

1) February 22, 2010 Judgment; and 2) the respective certificate of


attestation/authentication by the Clerk of the Court.

We are granting your request in full. We have attached the requested judgment. Please note that the clerk's
attestation is located on the judgment itself.

You may appeal any adverse FOIA determination. Any such appeal must be filed in writing and should follow the
guidelines set forth in 11 C.F.R. 4.8. If you have any questions, please contact the FOIA Requester Service Center
at FOIA@fec.gov, or (202) 694-1650.
z Page 6/6 May 23, 2011

Sincerely,

Sally R. Bacon, Esq.


FOIA Requester Service Center

11-05-10 Reply on FEC Response on FEC Freedom of Information Act (FOIA) Request, No. 2011-46-s,.pdf

53A Enotice (2-24-10).pdf

Zernik 2011-46.pdf
Human Rights Alert
PO Box 526, La Verne, CA 91750
Fax: 323.488.9697; Email: jz12345@earthlink.net
Blog: http://human-rights-alert.blogspot.com/
Scribd: http://www.scribd.com/Human_Rights_Alert

11-05-10 Reply on FEC Response on FEC Freedom of Information Act (FOIA) Request, No.
2011-46, in re: February 22, 2010 Judgment in Citizens United v Federal Election
Commission (08-805)

Sally R. Bacon, Esq.


FOIA Requester Service Center
Federal Election Commission

Dear Attorney Bacon:


Thank you for the expedient response on my FOIA Request NO 2011-46 in re: February 22,
2010 Judgment in Citizens United v Federal Election Commission (08-805) and the respective
certificate of attestation/authentication by the Clerk of the Court.
Regarding your response, dated May 9, 2011 (attached):
1) I would be grateful if you could provide, as a PDF attachment, a signed copy of your
response letter, dated May 9, 2011. The email response was unsigned.
2) The record, which you provided as Judgment is a record, which bears a stamp indicating
that it is a true copy of an unsigned original record. The stamp itself is signed, but not
dated. Moreover, the name and authority of the person who signed the stamp (Cynthia
Rapp?) were not printed below the signature line.
In case you have a signed record of the Judgment in Citizens United v Federal Election
Commission, I would be grateful if you could provide such record. If no signed Judgment
record exists, please state so explicitly in your response.
3) The record, which you provided, did not include true attestation/authentication by the
Clerk of the Supreme Court of the United States.
Copied below are two types of certificates of attestation/authentication from the US courts.
Figure 1 is a paper based Certificate of Service. Figure 2 is an NEF (Notice of Electronic
Filing), deemed by the US courts as the electronic equivalent.
I would be grateful if you could provide an equivalent Notice, or Certificate of Service by
the Clerk of the US Supreme Court, if any exists, dated February 22, 2011, as indicated in
the docket of the US Supreme Court.
If no equivalent certificate of attestation/authentication by the Clerk of the US Supreme
Court exists, please state so explicitly in your response.
z Page 2/3 May 10, 2011

UNITED STATES DISTRICT COURT


FOR THE
DISTRICT OF <name of district>

<name1>, Case Number: <number>


Plaintiff,
v.
<name2>, CERTIFICATE OF SERVICE
Defendant.

I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. District Court,
Northern District of California.
That on <date>, I SERVED a true and correct copy(ies) of the attached, by placing said copy(ies) in
a postage paid envelope addressed to the person(s) hereinafter listed, by depositing said envelope
in the U.S. Mail, or by placing said copy(ies) into an inter-office delivery receptacle located in the
Clerk's office.
<service list>
Dated: <date>
<name of individual>, Clerk
[wet graphic signature]

________________________
By: <name of individual>, Deputy Clerk

Figure 1: Paper form of Certificate of Service by the Clerk of a US court.

Figure 2. Electronic Certificate of Authentication (NEF – Notice of Electronic Filing) from litigation
of SEC v BAC (1:09-cv-06829) in the US District Court, Southern District of New York.
z Page 3/3 May 10, 2011

4) To the degree that the record that you provided was filed on February 24, 2010 in the US
Court, District of Columbia, under Citizens United v Federal Election Commission (1:07-
cv-02240, Dkt #73, please accept this notice as a new FOIA request, for the NEF (Notice
of Electronic Filing) by the Clerk of the US Court, District of Columbia, pertaining to the
filing and entry of record, Dkt #73. The NEF should have been received by the attorneys
for the Federal Election Commission, and therefore, should be in your possession.

Truly,

Joseph Zernik, PhD


Human Rights Alert (NGO)
Human Rights Alert
PO Box 526, La Verne, CA 91750
Fax: 323.488.9697; Email: jz12345@earthlink.net
Blog: http://human-rights-alert.blogspot.com/
Scribd: http://www.scribd.com/Human_Rights_Alert

11-05-09 FEC Response on FEC Freedom of Information Act (FOIA) Request, No.
2011-46, in re: February 22, 2010 Judgment in Citizens United v Federal
Election Commission (08-805)

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Subject: Your Freedom of Information Act Request to the Federal Election Commission
2011-46
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May 9, 2011

VIA E-MAIL
Dr. Joseph Zernik
2231 South Ct.
Palo Alto, CA 94301
Jz12345@earthlink.net

Subject: FEC Freedom of Information Act (FOIA) Request, No. 2011-46

Dear Dr. Zernik,

This letter responds to your FOIA request to the Federal Election Commission (FEC or Commission) received
April 22, 2011. You requested the following records pertaining to the litigation of Citizens United v Federal
Elections Commission (08-805) in the Supreme Court of the United States:

1) February 22, 2010 Judgment; and 2) the respective certificate of


attestation/authentication by the Clerk of the Court.

We are granting your request in full. We have attached the requested judgment. Please note that the clerk's
attestation is located on the judgment itself.

You may appeal any adverse FOIA determination. Any such appeal must be filed in writing and should follow the
z Page 2/2 May 10, 2011

guidelines set forth in 11 C.F.R. 4.8. If you have any questions, please contact the FOIA Requester Service Center
at FOIA@fec.gov, or (202) 694-1650.

Sincerely,

Sally R. Bacon, Esq.


FOIA Requester Service Center

Judgment.pdf
Case 1:07-cv-02240-RCL-RWR Document 73 Filed 02/24/10 Page 1 of 1

Supreme Court of the United States


No. 08-322

CITIZENS UNITED,
Appellant
v.

FEDERAL ELECTION COMMISSION

APPEAL FROM the United States District Court for the District of

Columbia.

THIS CAUSE came on to be heard on the transcript of the record from

the above court and was argued by counsel.

ON CONSIDERATION WHEREOF, it is ordered and adjudged by this

Court that the judgment of the above court is reversed with respect to the constitutionality

of 2 U.S.C. §441b’s restrictions on corporate independent expenditures. The judgment is

affirmed with respect to BCRA’s disclaimer and disclosure requirements. The case is

remanded to the United States District Court for the District of Columbia for further

proceedings consistent with the opinion of this Court.

IT IS FURTHER ORDERED that the appellant Citizens United recover

one-half costs from Federal Election Commission One Thousand Three Hundred Fifty-

eight Dollars ($1,358.00) for costs herein expended.

January 21, 2010

Printing of record: $2,417.00


Clerk’s costs: 300.00
Total: $2,717.00

One-half costs: $1,358.50


DCD_ECFNotice@dcd.uscour To DCD_ECFNotice@dcd.uscourts.gov
ts.gov
cc
02/24/2010 09:06 AM
bcc
Subject Activity in Case 1:07-cv-02240-RCL-RWR CITIZENS
UNITED v. FEDERAL ELECTION COMMISSION US
SUPREME COURT Judgment

This is an automatic e-mail message generated by the CM/ECF system. Please DO NOT
RESPOND to this e-mail because the mail box is unattended.
***NOTE TO PUBLIC ACCESS USERS*** Judicial Conference of the United States
policy permits attorneys of record and parties in a case (including pro se litigants) to
receive one free electronic copy of all documents filed electronically, if receipt is required
by law or directed by the filer. PACER access fees apply to all other users. To avoid later
charges, download a copy of each document during this first viewing. However, if the
referenced document is a transcript, the free copy and 30 page limit do not apply.

U.S. District Court

District of Columbia

Notice of Electronic Filing

The following transaction was entered on 2/24/2010 at 9:06 AM EDT and filed on 2/24/2010
CITIZENS UNITED v. FEDERAL ELECTION
Case Name:
COMMISSION
Case Number: 1:07-cv-02240-RCL-RWR
Filer:
WARNING: CASE CLOSED on 07/18/2008
Document
73
Number:

Docket Text:
US SUPREME COURT JUDGMENT as to [67] Notice of Appeal, filed by CITIZENS
UNITED (znmw, )

1:07-cv-02240-RCL-RWR Notice has been electronically mailed to:

Joseph Gerald Hebert JGHEBERT@COMCAST.NET, ghebert@campaignlegalcenter.org

James Bopp, Jr jboppjr@aol.com

Richard E. Coleson rcoleson@bopplaw.com


Steve Nicholas Hajjar shajjar@fec.gov, dkolker@fec.gov, sgarr@fec.gov

Adav Noti anoti@fec.gov, sgarr@fec.gov, vgraham@fec.gov

Clayton J. Callen ccallen@gbmglaw.com, ecf@gbmglaw.com

1:07-cv-02240-RCL-RWR Notice will be delivered by other means to::

Jeffrey P. Gallant
BOPP, COLESON & BOSTROM
1 South Sixth Street
Terre Haute, IN 47807-3510

The following document(s) are associated with this transaction:


Document description:Main Document
Original filename:suppressed
Electronic document Stamp:
[STAMP dcecfStamp_ID=973800458 [Date=2/24/2010]
[FileNumber=2465684-0]
[6f104e86e72e9fc47b76d5101588729b2110b928937ca6fdda652016fcf6258063
9c
a1a319098641e8ccd6f738f4767170a7fd74ce158479f3fefbb0b8824a1a]]