✉️ "Final Response" from DOJ NSD

This is the National Security Division's ("NSD") final response to your Freedom of Information Act (FOIA) request dated March 19, 2026, requesting records regarding 18 U.S.C. § 1389. As noted in our March 27, 2026 acknowledgment letter to you, your FOIA request was assigned reference number NSD #26-171.

We conducted a search of the National Security Division and located one (1) page of records responsive to your request. From our review, we have determined to release the enclosed record in part pursuant to the following FOIA exemptions set forth in 5 U.S.C. § 552(b):

• (5) which permits the withholding of "inter-agency or intra-agency memorandums or letters that would not be available by law to a party ... in litigation with the agency;"
• (6) which permits withholding of records or information concerning material the release of which would constitute a clearly unwarranted invasion of the personal privacy of third parties; and
• (7)(C), which permits the withholding of records or information compiled for law enforcement purposes the release of which could reasonably be expected to constitute an unwarranted invasion of the personal privacy of third parties.

Please be advised that we have considered the foreseeable harm standard when reviewing records and applying FOIA exemptions.

For your information, Congress excluded three discrete categories of law enforcement and national security records from the requirements of the FOIA. See 5 U.S.C. § 552(c). This response is limited to those records that are subject to the requirements of the FOIA. This is a standard notification that is given to all our requesters and should not be taken as an indication that excluded records do, or do not, exist.

As this request is currently the subject of litigation, we are omitting our standard appeals paragraph. If you have any questions concerning this response, please contact Chelsea Wein of the Department of Justice at [redacted].

Sincerely,

David O'Dowd