Records of Threats Against Governor Gavin Newsom

To Whom It May Concern:

Pursuant to the California Public Records Act, I hereby request the following records:

I am writing to request access to and copies of all documents, emails, and any other information in the possession of the Governor's Office of California relating to threats made against Governor Gavin Newsom from his Inauguration on January 7, 2019, to the present date. This request includes metadata associated with the records, such as author, date, and time of creation.

Recent reports have indicated that Governor Newsom has received numerous threats of violence and harm during his time in office. As a concerned citizen and advocate for transparency, I request access to any documents, emails, or other information in the possession of the Governor's Office of California that relate to these threats.

In support of this request, I refer to the following court cases and legal principles:

Soucie v. David, 448 F.2d 1067 (D.C. Cir. 1971): This case held that the public has a strong interest in obtaining information about government activities, including any threats made against public officials.

National Archives and Records Administration v. Favish, 541 U.S. 157 (2004): This case held that FOIA requires agencies to disclose records unless the agency reasonably foresees that disclosure would harm an interest protected by a FOIA exemption.

FOIA Improvement Act of 2016, Pub. L. No. 114-185, 130 Stat. 538 (2016): This law updated and strengthened the Freedom of Information Act, emphasizing the importance of transparency and accountability in government and requiring agencies to proactively disclose certain records to the public.

Please provide these records in a readable electronic format, such as PDF or Microsoft Word, and include the metadata associated with the records. If any portion of this request is denied or exempt from disclosure, please cite the specific exemption and provide an index of the withheld or redacted records, as required by law.

Please be advised that any attempt to withhold or delete responsive documents will be appealed in a court of law. Any such actions may result in legal proceedings to compel the production of the records and any applicable penalties. I also request that any responsive records be provided on a rolling basis, meaning that records should be provided as they become available instead of waiting for all records to be collected before responding to the request.

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 look forward to receiving your response to this request within 10 calendar days, as the statute requires.

Sincerely,

Jordan

Dear Record Officer,

I am writing to appeal the decision regarding my recent Public Records Act Request, which was denied on the basis of Gov. Code, § 7928.000, subd. (l) and Gov. Code, § 7922.000. I believe that this decision is unjustified, as there is strong legal precedent to support the release of the requested records.

Firstly, the case law cited in the decision is not applicable to my request. Times Mirror Co. v. Super. Ct. (1991) 53 Cal.3d 1325, which was cited as a basis for withholding the records, pertains to the deliberative process privilege, which only applies to communications within the executive branch that are part of the decision-making process. However, my request specifically seeks information related to threats made against Governor Newsom, which does not fall under this privilege.

Secondly, I would like to point out that Gov. Code, § 7928.000, subd. (l), which was also cited as a basis for withholding the records, only applies to correspondence of or to the Governor or the Governor’s staff. However, my request seeks documents and information held by the Governor's Office of California, which may not be covered by this exemption.

In light of these issues, I respectfully request an immediate search for the requested documents, as well as a reevaluation of the denial of my request. I believe that the requested records are of significant public interest, and that their release is necessary to ensure transparency and accountability in the government. If my request is still denied, I will be forced to file a complaint with the relevant authorities and take legal action to compel the release of the requested records.

Thank you for your attention to this matter.

Sincerely,

Jordan

Dear Julia Spiegel,

Thank you for your response to my request for access to and copies of all documents, emails, and any other information in the possession of the Governor's Office of California relating to threats made against Governor Gavin Newsom from his Inauguration on January 7, 2019, to the present date.

While I appreciate your thorough consideration of my request, I must express my disappointment in your decision not to produce the requested records. As a concerned citizen, I strongly believe that the public has a right to access information related to threats made against an elected official.

Given the significance of this matter, I am heavily considering taking the matter to the Central District of California Federal Court for further review. While I understand the Governor's Office's concern for the safety of Governor Newsom, I believe that there must be a balance between transparency and security.

Thank you again for your attention to this matter.

Sincerely,
Jordan