📧 to Wein

I received NSD's final response dated September 23, 2026. It released one page in part, relating to the 2021 Olson matter. Before we go further, I want to raise a specific concern about how NSD searched.

My request asked for cases "in which 18 U.S.C. § 1389 was charged or considered as a charging vehicle" from November 1, 2009 to the present. Attached is the criminal complaint and supporting FBI affidavit in United States v. McNeil, No. 5:15-cr-00446-DAP (N.D. Ohio), ECF No. 1, filed November 11, 2015, Veterans Day. That case involved an ISIS-inspired solicitation. The affidavit names § 1389 as one of the felonies McNeil allegedly solicited (ECF No. 1-1 ¶ 8(b), PageID #4). It concludes that there is probable cause that he solicited violations of "Section 1114, and/or ... Section 1389" (¶ 99, PageID #24). This is a public filing, and it is exactly the kind of record my request describes. NSD's response does not reflect it.

Please tell me:

1. Which NSD systems and files were searched, what search terms were used, and what date range each covered.
2. Whether the search would capture matters where § 1389 appeared as a predicate or object offense, for example under 18 U.S.C. § 373 (solicitation) or § 371 (conspiracy), and not only where it was listed as a charged count.
3. Whether the Counterterrorism Section's case files for 2009 through 2020 were included.
4. Whether NSD will conduct a supplemental search in light of McNeil, and by what date.

I raise this now so it can be resolved without motion practice. If NSD stands on its current search, I will expect its declaration to address these points, and I reserve all arguments about adequacy. I'm happy to discuss by phone or email.