Milley-Pelosi comms on nuclear launch codes

To Whom It May Concern:

Pursuant to the Freedom of Information Act, I hereby request the following records:

Any correspondence sent to and/or received from the office of Speaker of the House of Representatives Nancy Pelosi soliciting, arranging for and/or discussing the January 8, 2020 conversation between Speaker Pelosi and Chairman of the Joint Chiefs of Staff Mark Milley; and
Any talking points prepared and/or circulated by the office of the Chairman of the Joint Chiefs of Staff in preparation for the January 8, 2020 conversation between Secretary Pelosi and Chairman Milley.

On January 8, 2020, Speaker Pelosi wrote in a letter to colleagues that she "spoke to the Chairman of the Joint Chiefs of Staff Mark Milley to discuss available precautions for preventing an unstable president from initiating military hostilities or accessing the launch codes and ordering a nuclear strike" that morning. The letter was also published by her office online: https://www.speaker.gov/newsroom/1821-0

Chairman Milley assured Speaker Pelosi that military commanders could refuse an order to launch a nuclear strike on the advice of lawyers, Speaker Pelosi told colleagues in Congress, according to an Associated Press report published later that day: https://apnews.com/article/capitol-congress-storming-2a82004e2e556eee92481e1474a52148

If any part of the responsive emails contain attachments, please include those files as well. If any potentially-responsive documents are exempt from disclosure, please remember to include all reasonably-segregable portions of the documents, as the FOIA requires.

I am seeking expedited processing of my request pursuant to 5 U.S.C.§ 552(a)(6)(E) because there is an urgency to inform the public concerning actual or alleged Federal Government activity in a matter of current exigency to the American public.

Note that federal courts have recognized the public's interest in breaking news, which "conveys information the public wants quickly,” “would lose value if it were delayed" (Am. Civil Liberties Union of N. Cal., 2006 WL 1469418 at *6.), and may have an "impact" on the public's political decision-making (Id. at *7). Speaker Pelosi's letter has been widely covered, and it is of obvious relevance to the public, as it concerns the military chain of command and the most powerful weapons in the United States arsenal.

As a reporter at Responsible Statecraft, I am a person primarily engaged in disseminating information, and request that you properly classify me as a media requester. I have written numerous articles on topics of public interest for the Daily Beast, the Asia Times, Responsible Statecraft, the National Interest, Reason Magazine, America Magazine and the Armenian Weekly, and I am requesting these documents in an editorial capacity. Please contact me if you have any questions about my media status.

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 20 business days, as the statute requires.

Sincerely,

Matthew Petti