Colorado - Brauchler/GOP email

David Sirota filed this request with the District Attorney of Arapahoe County, CO.


From: David Sirota

To Whom It May Concern:

Pursuant to the Colorado Open Records Act, I hereby request the following records:

- Specific emails to or from employees of the Office of the District Attorney for the 18th Judicial District to or from email addresses at the following domain names: "," "," ", "" and "" The specific emails this covers are those from 11/4/16 to the present.

- District Attorney George Brauchler's schedule from 11/4/16 to the present.

The requested documents will be made available to the general public, and this request is not being made for commercial purposes. I am requesting a waiver of all fees under 5 U.S.C. Section 552(a)(4)(A)(iii). The information I seek is in the public interest because it will contribute significantly to public understanding of the operations or activities of the government and is not primarily in my commercial interest. This request is not a commercial request -- it is being made by an award-winning media organization and is seeking documents of clear public interest and concern.

I believe I meet the criteria for a fee waiver recognized by the U.S. Justice Department - and by the federal courts, See Project on Military Procurement v. Department of the Navy, 710 F. Supp. 362 363, 365 (D.C.D. 1989).

My request concerns the operations or activities of government because the records relate to the enforcement of antitrust law at a time when there is significant public debate about consolidation, market power, and regulations. The records that are responsive to this request will spotlight the way the government shapes policy and will also show the ways that policy is shaped by corporate representatives seeking to influence public policy.

Also, the information sought has informative value, or potential for contribution to public understanding. Please note the decision in Elizabeth Eudey v. Central Intelligence Agency, 478 F. Supp. 1175 1176 (D.C.D. 1979) (even a single document has the potential for contributing to public understanding). As the senior editor for investigations at Newsweek/IBT, I plan to disseminate this information to the public at large through publication in Newsweek and at International Business Times. Those award-winning publications get millions of visitors per month.

In addition, the release of this information will have a significant impact on public understanding because it will illustrate how antitrust enforcement decisions are influenced and made by public officials. The policy matters this request covers millions of people in their daily lives, and these documents will show how those matters are perceived by public officials and influenced by outside interests.

In your deliberations, please take note of the following cases: Campbell v. U.S. Department of Justice, 334 U.S. App. D.C. (1998)(administrative and seemingly repetitious information is not exempt from fee-waiver consideration); Project on Military Procurement (agencies cannot reject a fee waiver based on the assumption that the information sought is covered by a FOIA exemption; and Landmark Legal Foundation v. Internal Revenue Service, 1998 U.S. Dist. LEXIS 21722 (D.C.D. 1998)(the fact that the information will soon be turned over to a public body does not exempt the material from fee-waiver consideration).

In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.

Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 3 business days, as the statute requires.


David Sirota
(646) 867-7100

From: Vikki Migoya

Received. Office is closed until Tuesday
Sent from my iPhone

From: Rich Orman

Mr. Sirota, I have compiled the records in response to the open records request. I have uploaded the records into a dropbox folder, from which you can download them. The emails you requested are saved as individual Outlook files. You will need Microsoft Outlook or compatible software to view them. If you need, I can try to provide them in another format. Also, I did not limit searches to the address fields, so the results will be over inclusive by a few emails.

Just so you know, the emails can be divided into a number of categories:

(1) "Mailing list" emails received by two of our prosecutors, John Hower and Rebecca Gleeson. You will see there are duplicates of these emails because they went to both of them.

(2) Two "out of office" automatic replies from Ms. Gleeson to the email list.

(3) Three emails forwarding voicemail messages from people leaving voicemail messages at our office related to Mr. Brauchler's political campaign. These were forwarded to someone working on Mr. Brauchler's campaign because they were not related to an office purpose.

Regarding the calendar, I have made a couple of redactions that reference ongoing criminal investigations. Those are noted with appropriate designations. The calendar is in a pdf format.

Here is the link to the dropbox folder.

Please do not hesitate to contact me if you have any questions.

Rich Orman
Chief Deputy District Attorney
18th Judicial District, State of Colorado
(Serving Arapahoe, Douglas, Elbert, and Lincoln Counties)
Direct line 720-874-8649