Intervention in mifepristone lawsuit
| Submitted | Dec. 28, 2023 |
MuckRock users can file, duplicate, track, and share public records requests like this one. Learn more.
Communications
From: Susan Rinkunas
To Whom It May Concern:
Pursuant to the Idaho Public Records Act, I hereby request the following records:
Public records show that the Office of the Attorney General filed to intervene in a federal lawsuit in Texas over the abortion drug mifepristone in November 2023, one year after the suit was originally filed and as the case was being considered by the Supreme Court. The suit is called Alliance for Hippocratic Medicine v. U.S. Food and Drug Administration and the plaintiffs are represented by the legal organization Alliance Defending Freedom. The AG intervention also says the Comstock Act of 1873 (18 U.S. Code §§ 1461–1462) bars the mailing of all abortion drugs, even in states where abortion is legal, a legal theory championed by lawyer Jonathan Mitchell.
News story, 11/6/23: https://www.courthousenews.com/red-states-sue-feds-to-block-abortion-pill-mail-order-sales/
Complaint from motion to intervene, 11/3/23: https://storage.courtlistener.com/recap/gov.uscourts.txnd.370067/gov.uscourts.txnd.370067.151.1_1.pdf
Therefore, I request the following:
- Any communications that mention “Alliance for Hippocratic Medicine” or “AHM” sent between January 1, 2023, and the time this request is processed, including attachments
- Any communications that mention “Alliance Defending Freedom” or “ADF” sent between January 1, 2023, and the time this request is processed, including attachments
- Any communications between the Office of the Attorney General and Alliance Defending Freedom (@adflegal.org) sent between November 1, 2022, and the time this request is processed, including attachments
- Any digital communications (including but not limited to emails and text messages) with Jonathan Mitchell and/or Mitchell Law PLLC (@mitchell.law)
-Any communications that mention “mifepristone,” “mife,” or "chemical abortion" sent between January 1, 2023, and the time this request is processed, including attachments
I am a journalist doing public interest reporting.
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 3 business days, as the statute requires.
Sincerely,
Susan Rinkunas
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following Idaho Public Records Act request, copied below, and originally submitted on Dec. 28, 2023. Please let me know when I can expect to receive a response.
Thanks for your help, and let me know if further clarification is needed.
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following Idaho Public Records Act request, copied below, and originally submitted on Dec. 28, 2023. Please let me know when I can expect to receive a response.
Thanks for your help, and let me know if further clarification is needed.
From: Office of the Attorney General - Idaho
Hi Susan,
I wanted to reach out to you and let you know we are still working to process your request for records related to the FDA lawsuit. The search parameters returned a few thousand records that needed to be individually viewed. It is my hope that we will complete this review shortly, but I didn't want you to think we had forgotten. I'll update you as we make progress, but until then if you have any questions, please don't hesitate to contact me directly.
Best regards,
Dan
[cid:image001.png@01DA4E0B.E6980460]<https://www.ag.idaho.gov/>
Dan Estes|Public Information Officer
Attorney General Raúl R. Labrador
Office of the Attorney General | State of Idaho
O: 208-334-4112 | C: 208-996-4491 | W: ag.idaho.gov<https://www.ag.idaho.gov/>
NOTICE: This message, including any attachments, is intended only for the individual(s) or entity(ies) named above and may contain information that is confidential, privileged, attorney work product, or otherwise exempt from disclosure under applicable law. If you are not the intended recipient, please reply to the sender that you have received this transmission in error, and then please delete this email.
-
image001
From: Office of the Attorney General - Idaho
Susan,
Attached you will find an outline of fees regarding your public records request. If you have any questions feel free to reach out.
[cid:image001.png@01DA539D.88665670]<https://www.ag.idaho.gov/>
Kami Reeve | Public Information Specialist
Attorney General Raúl Labrador
Office of the Attorney General | State of Idaho
O: 208-334-2400 | W: ag.idaho.gov<https://www.ag.idaho.gov/>
NOTICE: This message, including any attachments, is intended only for the individual(s) or entity(ies) named above and may contain information that is confidential, privileged, attorney work product, or otherwise exempt from disclosure under applicable law. If you are not the intended recipient, please reply to the sender that you have received this transmission in error, and then please delete this email.
-
image001
From: Susan Rinkunas
Hi Kami,
My request meets the three criteria below for a fee waiver under the Idaho Public Records Act (10)(f). I am a journalist reporting on the state's involvement in this Supreme Court case, which is of significant public interest. I am also a freelance journalist who doesn't have an institution to cover these fees.
https://legislature.idaho.gov/statutesrules/idstat/title74/t74ch1/sect74-102/
(f) The public agency shall not charge any cost or fee for copies or labor when the requester demonstrates that the requester’s examination and/or copying of public records:
(i) Is likely to contribute significantly to the public’s understanding of the operations or activities of the government;
(ii) Is not primarily in the individual interest of the requester including, but not limited to, the requester’s interest in litigation in which the requester is or may become a party; and
(iii) Will not occur if fees are charged because the requester has insufficient financial resources to pay such fees.
Therefore, I request a media fee waiver.
If it helps to narrow the request to reduce the burden on the office, I can tell you what I'm *not* looking for. I know the state also sought to intervene in a related case regarding the drug mifepristone. I am *not* seeking communications exclusively about intervention in that case, State of Washington et al v. U.S. Food and Drug Administration (No. 1:2023cv03026).
I am seeking communications mentioning the drug (and the other parties mentioned in the initial request: ADF, Mitchell) specifically in relation to the case Alliance for Hippocratic Medicine v. FDA.
Please let me know if that helps narrow the request.
Thank you,
Susan
From: Office of the Attorney General - Idaho
Susan,
Attached you will find our office's response to your Public Information Request. If you have questions, feel free to reach out.
With regards,
[cid:image001.png@01DA63FE.65BFC2C0]<https://www.ag.idaho.gov/>
Kami Reeve | Public Information Specialist
Attorney General Raúl Labrador
Office of the Attorney General | State of Idaho
O: 208-334-2400 | W: ag.idaho.gov<https://www.ag.idaho.gov/>
NOTICE: This message, including any attachments, is intended only for the individual(s) or entity(ies) named above and may contain information that is confidential, privileged, attorney work product, or otherwise exempt from disclosure under applicable law. If you are not the intended recipient, please reply to the sender that you have received this transmission in error, and then please delete this email.
-
image001
From: Susan Rinkunas
Hi Kami,
I see that clarification reduced the processing time from 41 hours to 4.5 hours. Is your office unable to provide a fee waiver under Idaho Code 74-102(10)(f)?
Thank you,
Susan
From: Office of the Attorney General - Idaho
Dear Susan,
We cannot waive the fee.
[cid:image001.png@01DA6899.B66358A0]<https://www.ag.idaho.gov/>
Kami Reeve | Public Information Specialist
Attorney General Raúl Labrador
Office of the Attorney General | State of Idaho
O: 208-334-2400 | W: ag.idaho.gov<https://www.ag.idaho.gov/>
-
image001
From: Susan Rinkunas
To Whom It May Concern:
Please find enclosed a check for $191.38 to satisfy the fee associated with the attached public records request.
Thank you.
From: Susan Rinkunas
Hi Kami, I've just paid the fee. Given that the request is down to 4.5 hours of work, please let me know when I can expect to receive the records in question.
Thank you,
Susan
From: Office of the Attorney General - Idaho
Hello Susan,
Once payment has been received by our office, we will commence the process of preparing and sending your requested public documents. We will complete this work in a timely manner. I will let you know when we receive payment.
With regard,
[cid:image001.png@01DA754D.0B1B21B0]<https://www.ag.idaho.gov/>
Kami Reeve | Public Information Specialist
Attorney General Raúl Labrador
Office of the Attorney General | State of Idaho
O: 208-334-2400 | W: ag.idaho.gov<https://www.ag.idaho.gov/>
Office of the Attorney General
Public Records Request
P.O. Box 83720
Boise, ID 83720-0010
From: Office of the Attorney General - Idaho
Dear Susan Rinkunas,
Attached you will find our office's response to your public records request along with 1 of 6 PDF files that contain responsive public documents. The others will follow shortly.
Have a great day!
[cid:image001.png@01DA7EC7.AC0FCFC0]<https://www.ag.idaho.gov/>
Kami Reeve | Public Information Specialist
Attorney General Raúl Labrador
Office of the Attorney General | State of Idaho
O: 208-334-2400 | W: ag.idaho.gov<https://www.ag.idaho.gov/>
NOTICE: This message, including any attachments, is intended only for the individual(s) or entity(ies) named above and may contain information that is confidential, privileged, attorney work product, or otherwise exempt from disclosure under applicable law. If you are not the intended recipient, please reply to the sender that you have received this transmission in error, and then please delete this email.
-
image001
From: Office of the Attorney General - Idaho
Dear Susan Rinkunas,
Attached you will find our office's response to your public records request along with 2 of 6 PDF files that contain responsive public documents. The others will follow shortly.
Have a great day!
[cid:image001.png@01DA7EC8.55046000]<https://www.ag.idaho.gov/>
Kami Reeve | Public Information Specialist
Attorney General Raúl Labrador
Office of the Attorney General | State of Idaho
O: 208-334-2400 | W: ag.idaho.gov<https://www.ag.idaho.gov/>
NOTICE: This message, including any attachments, is intended only for the individual(s) or entity(ies) named above and may contain information that is confidential, privileged, attorney work product, or otherwise exempt from disclosure under applicable law. If you are not the intended recipient, please reply to the sender that you have received this transmission in error, and then please delete this email.
-
image001
From: Office of the Attorney General - Idaho
Dear Susan Rinkunas,
Attached you will find our office's response to your public records request along with 3 of 6 PDF files that contain responsive public documents. The others will follow shortly.
Have a great day!
[cid:image001.png@01DA7EC8.74087040]<https://www.ag.idaho.gov/>
Kami Reeve | Public Information Specialist
Attorney General Raúl Labrador
Office of the Attorney General | State of Idaho
O: 208-334-2400 | W: ag.idaho.gov<https://www.ag.idaho.gov/>
NOTICE: This message, including any attachments, is intended only for the individual(s) or entity(ies) named above and may contain information that is confidential, privileged, attorney work product, or otherwise exempt from disclosure under applicable law. If you are not the intended recipient, please reply to the sender that you have received this transmission in error, and then please delete this email.
-
image001
From: Office of the Attorney General - Idaho
Dear Susan Rinkunas,
Attached you will find our office's response to your public records request along with 4 of 6 PDF files that contain responsive public documents. The others will follow shortly.
Have a great day!
[cid:image001.png@01DA7EC8.86354D10]<https://www.ag.idaho.gov/>
Kami Reeve | Public Information Specialist
Attorney General Raúl Labrador
Office of the Attorney General | State of Idaho
O: 208-334-2400 | W: ag.idaho.gov<https://www.ag.idaho.gov/>
NOTICE: This message, including any attachments, is intended only for the individual(s) or entity(ies) named above and may contain information that is confidential, privileged, attorney work product, or otherwise exempt from disclosure under applicable law. If you are not the intended recipient, please reply to the sender that you have received this transmission in error, and then please delete this email.
-
image001
From: Office of the Attorney General - Idaho
Dear Susan Rinkunas,
Attached you will find our office's response to your public records request along with 5 of 6 PDF files that contain responsive public documents. The others will follow shortly.
Have a great day!
[cid:image001.png@01DA7EC8.A1C08A40]<https://www.ag.idaho.gov/>
Kami Reeve | Public Information Specialist
Attorney General Raúl Labrador
Office of the Attorney General | State of Idaho
O: 208-334-2400 | W: ag.idaho.gov<https://www.ag.idaho.gov/>
NOTICE: This message, including any attachments, is intended only for the individual(s) or entity(ies) named above and may contain information that is confidential, privileged, attorney work product, or otherwise exempt from disclosure under applicable law. If you are not the intended recipient, please reply to the sender that you have received this transmission in error, and then please delete this email.
-
image001
From: Office of the Attorney General - Idaho
Dear Susan Rinkunas,
Attached you will find our office's response to your public records request along with 6 of 6 PDF files that contain responsive public documents. This is the final email.
Have a great day!
[cid:image001.png@01DA7EC8.B80141A0]<https://www.ag.idaho.gov/>
Kami Reeve | Public Information Specialist
Attorney General Raúl Labrador
Office of the Attorney General | State of Idaho
O: 208-334-2400 | W: ag.idaho.gov<https://www.ag.idaho.gov/>
NOTICE: This message, including any attachments, is intended only for the individual(s) or entity(ies) named above and may contain information that is confidential, privileged, attorney work product, or otherwise exempt from disclosure under applicable law. If you are not the intended recipient, please reply to the sender that you have received this transmission in error, and then please delete this email.
-
image001
Files
pages