RLDF AGs 1217 - AZ

Andrew Perez filed this request with the Office of the Attorney General of Arizona.
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From: Andrew Perez

To Whom It May Concern:

Pursuant to the state open records law, Ariz. Rev. Stat. Ann. Secs. 39-121 to 39-122 and 39-128, I hereby request the following records:

Copies of all sign-on items exchanged between officials at the Arizona Attorney General's Office and individuals affiliated with the Rule of Law Defense Fund and the Republican Attorneys General Association. We are seeking documents exchanged between July 1, 2017 and Dec. 20, 2017.

We are specifically requesting copies of files uploaded to the RLDF briefing room at the website: "https:/rldf.box.com." Your office previously provided us a handful of emails from 2016 that mention documents posted to the briefing room. We are requesting copies of any similar sign-on items circulated by RLDF during the dates specified.

Please understand “officials” to include individuals holding the following titles: Attorney General; Chief Deputy; Chief of Staff; Director of Operations; Director of Communications; State Government Division Chief; Civil Litigation Division Chief; Solicitor General; and Director of Media Relations.

For email addresses affiliated with the Rule of Law Defense Fund, please use email addresses that contain the domain: “@ruleoflawdefensefund.org.”

For email addresses affiliated with the Republican Attorneys General Association, please use email addresses that contain the domain: “@RepublicanAGs.com.”

If your agency is aware of any additional email addresses associated with the Rule of Law Defense Fund and the Republican Attorneys General Association, please include them in this search as well.

The requested documents will be made available to the general public, and this request is not being made for commercial purposes.

The requested documents will be made available to the general public, and this request is not being made for commercial purposes.

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 would request your response within ten (10) business days.

Sincerely,

Andrew Perez
MapLight
Political Reporter
c: (954) 410-4522

From: Office of the Attorney General

Hi, Andrew,

I am in receipt of your public records request, as attached, and will submit it for processing.

Thank you,

Bethany Diaz
Deputy Public Information Officer
Office of the Arizona Attorney General
2005 N Central Ave
Phoenix, AZ 85004

From: Office of the Attorney General

Hi, Andrew,

Please find a response attached to this email regarding your public records request.

Thank you,

Bethany Diaz
Deputy Public Information Officer
Office of the Arizona Attorney General
2005 N Central Ave
Phoenix, AZ 85004

From: Andrew Perez

Bethany, thank you for your letter. I am confused by your agency's response, though. We requested more than just Briefing Room documents. There is a broader request for correspondence with the Republican Attorneys General Association and the Rule of Law Defense Fund that does not appear to have been addressed.

I would note that your agency previously provided us 165 pages of correspondence with the Republican Attorneys General Association and the Rule of Law Defense Fund between between Jan. 1, 2015 and Feb. 28, 2017. (And those files included multiple references to documents posted to the Briefing Room.)

Is your office asserting that any correspondence between officials in your agency and RAGA and RLDF, from July 1, 2017 and Dec. 20, 2017, is exempt from disclosure? Or is your office only asserting that the Briefing Room documents are exempt from disclosure? We would appreciate your clarification on this as soon as possible.

From: Andrew Perez

In reading over my original request, I realize the language may not have been as broad as I originally thought. I am revising our request as follows:

Pursuant to the state open records law, Ariz. Rev. Stat. Ann. Secs. 39-121 to 39-122 and 39-128, I hereby request the following records:

Copies of all available emails, documents and email attachments exchanged between officials at the Arizona Attorney General's Office and individuals affiliated with the Rule of Law Defense Fund and the Republican Attorneys General Association, between June 1, 2017 and January 18, 2018.

Please understand “officials” to include individuals holding the following titles: Attorney General; Chief Deputy; Chief of Staff; Director of Operations; Director of Communications; State Government Division Chief; Civil Litigation Division Chief; Solicitor General; and Director of Media Relations.

For email addresses affiliated with the Rule of Law Defense Fund, please use email addresses that contain the domain: “@ruleoflawdefensefund.org.” For email addresses affiliated with the Republican Attorneys General Association, please use email addresses that contain the domain: “@RepublicanAGs.com.”

Please note that we are specifically requesting copies of any files or sign-on letters referenced in these emails that were uploaded to the RLDF "briefing room" at the website: "https://rldf.box.com." Sending a file through a unique link is analogous to sending a file via an email attachment, so these files should be considered public records.

The requested documents will be made available to the general public, and this request is not being made for commercial purposes.

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 would request your response within ten (10) business days.

Sincerely,
Andrew Perez
MapLight
Political Reporter
c: (954) 410-4522

From: Office of the Attorney General

Hi Andrew,

I am out today and Monday but will review your original request and revised request when I'm back on Tuesday to ensure we also didn't just misunderstand the request.

Thank you,

Bethany Diaz
Deputy Public Information Officer

From: Andrew Perez

Thank you, Bethany. It was my mistake though. I'm managing a bunch of similar requests to other agencies, and I incorrectly assumed the language was the same as in the others. I apologize for my quick response to your letter.

From: Office of the Attorney General

Hi, Andrew,

I’ve asked for a new search to be run pursuant to the revised request.

Thank you,

Bethany Diaz
Deputy Public Information Officer
Office of the Arizona Attorney General
2005 N Central Ave
Phoenix, AZ 85004

From: Office of the Attorney General

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C/O Andrew Perez

Hi Andrew,

Please find a letter of response in addition to responsive records attached to this email.

Thank you,

Bethany Diaz
Deputy Public Information Officer
Office of the Arizona Attorney General
2005 N Central Ave
Phoenix, AZ 85004

From: Andrew Perez

Ms. Diaz,

After speaking with the Arizona Ombudsman’s office, we would like to try one more version of this request.

Pursuant to the state open records law, Ariz. Rev. Stat. Ann. Secs. 39-121 to 39-122 and 39-128, I hereby request the following records:

Copies of all materials posted to the Rule of Law Defense Fund’s “Briefing Room” file-sharing website that were downloaded by officials at the Arizona Attorney General's Office between July 1, 2017 and March 14, 2018.

We are also requesting copies of all correspondence related to the following materials:

- The amicus brief filed by your office in opposition to the law enforcement gag order issued in the David Daleiden and Center for Medical Progress v. National Abortion Federation case. Your office announced the filing in a press release on September 07, 2017.

- The letter your office joined requesting the U.S. Health and Human Services Department give attorneys general the authority to investigate complaints of Medicaid fraud by beneficiaries. A draft of the letter appears to have been submitted to the RLDF Briefing Room on July 25, 2017. The letter was later announced by Louisiana Attorney General Jeff Landry on September 7, 2017.

- The complaint your office joined urging a federal district court in Texas to hold the Affordable Care Act’s (ACA) individual mandate is unconstitutional and to enjoin the entire law. The complaint was announced on February 26, 2018.

The requested documents will be made available to the general public, and this request is not being made for commercial purposes.

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 would request your response within ten (10) business days.

Sincerely,
Andrew Perez
MapLight
Political Reporter
c: (954) 410-4522

From: Office of the Attorney General

Hi, Andrew,

I will re-submit your request in regards to the Briefing Room and inquire on the letter to HHS re: Medicaid.

With regard to two of the other requests below:

· The amicus brief filed by your office in opposition to the law enforcement gag order issued in the David Daleiden and Center for Medical Progress v. National Abortion Federation case. Your office announced the filing in a press release on September 07, 2017.

This is already publicly available for download on our website (please scroll to the bottom of the release): https://www.azag.gov/press-release/ag-brnovich-leads-20-state-amicus-brief-protect-law-enforcement-investigative-powers

· The complaint your office joined urging a federal district court in Texas to hold the Affordable Care Act’s (ACA) individual mandate is unconstitutional and to enjoin the entire law. The complaint was announced on February 26, 2018.

This is already publicly available for download on our website (please scroll to the bottom of the release): https://www.azag.gov/sites/default/files/sites/all/docs/press-release/press-release-files/2018_files/complaints/Texas_Wisconsin_et_al_v._U.S._et_al_ACA_Complaint_02_26_18_.pdf

Thank you,

Bethany Diaz
Deputy Public Information Officer
Office of the Arizona Attorney General
2005 N Central Ave
Phoenix, AZ 85004

From: Office of the Attorney General

I should have also mentioned in my prior email that I will also process the request for the correspondence relating to the three items you mentioned (amicus and letters) in addition to the other items being requested.

Thank you,

Bethany Diaz
Deputy Public Information Officer
Office of the Arizona Attorney General
2005 N Central Ave
Phoenix, AZ 85004

From: Andrew Perez

Thank you!

From: Office of the Attorney General

Hello,

Your request is still being processed.

Thank you,

Bethany Diaz
Deputy Public Information Officer
Office of the Arizona Attorney General
2005 N Central Ave
Phoenix, AZ 85004

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