6:26-cv-00832-MTK

Declaration of David O'Dowd (ECF 16)

DECLARATION OF DAVID O'DOWD IN SUPPORT OF DEFENDANT'S MOTION TO DISMISS

I, David O'Dowd, do hereby state and declare as follows:

I am the Supervisory Attorney Advisor in the Freedom of Information Act ("FOIA") Unit in the National Security Division ("NSD") of the United States Department of Justice ("DOJ" or the "Department").
The mission of the National Security Division is to protect the United States from threats to our national security by pursuing justice through the law. NSD's organizational structure is designed to ensure greater coordination and unity of purpose between prosecutors and law enforcement agencies, on the one hand, and intelligence attorneys and the United States Intelligence Community, on the other, thus strengthening the effectiveness of the federal government's national security efforts. See About the National Security Division (NSD), Dep't of Justice, https://www.justice.gov/nsd/about-national-security-division-nsd (last visited October 7, 2026).
My duties as Supervisory Attorney Advisor of the FOIA Unit include the supervision of NSD's daily execution of its obligations under FOIA, 5 U.S.C. § 552.
The statements herein are based on my personal knowledge, on reports made to me by NSD personnel, and other information I acquired while performing my official duties. I submit this declaration in my official capacity, pursuant to the Defendant's Motion to Dismiss.

On March 19, 2026, the NSD FOIA Unit received a FOIA request via email from Abbie Casteel seeking records regarding 18 U.S.C. § 1389. A true and correct copy of the request received by the NSD FOIA Unit is attached hereto as Exhibit 1. The NSD FOIA Unit assigned this request reference number NSD FOIA #26-171.
NSD FOIA #26-171 contained the typed signature of "Abbie Casteel," and the contact information provided for the requester was abbiecasteel@proton.me.
NSD FOIA #26-171 did not include the name "Logan Isaac" or "Logan Martin Isaac," or any variation thereof.
On March 27, 2026, the NSD FOIA Unit issued an acknowledgement letter for NSD FOIA #26-171.
On September 23, 2026, the NSD FOIA Unit issued the final response to NSD FOIA #26-171, in which it produced all non-exempt records responsive to the request, to wit producing one responsive record, in part. A true and correct copy of the NSD FOIA Unit's final response letter is attached hereto as Exhibit 2.

On August 27, 2026, the NSD FOIA Unit was notified that Plaintiff had filed a Complaint on April 27, 2026.
Exhibit B to Plaintiff's Complaint includes a copy of what Plaintiff purports to be NSD FOIA #26-171. However, Exhibit B to Plaintiff's Complaint is different from the FOIA request the NSD FOIA Unit received and assigned reference number NSD FOIA #26-171. Exhibit B to Plaintiff's Complaint redacts the requester's name in two locations; first, in the "From" section of the email header, and second, in the signature block at the bottom of the email. In addition, Exhibit B to Plaintiff's Complaint shows the Plaintiff's name (i.e., "Logan M. Isaac") included in the "To" line; however, Plaintiff's name does not appear anywhere in the FOIA request received by the NSD FOIA Unit. See Exhibit 1.
Exhibit C to Plaintiff's Complaint includes a copy of what Plaintiff purports to be the March 27, 2026 acknowledgement letter issued by the NSD FOIA Unit for NSD FOIA #26-171. However, the name of the requester has been redacted in Exhibit C to Plaintiff's Complaint.