Case 1:15-cv-02789-WHP Document 8 Filed 09/21/15 Page 1 of 4

PREET BHARARA
United States Attorney for the
Southern District of New York
By: PETER ARONOFF
Assistant U.S. Attorney
86 Chambers Street, Third Floor
New York, New York 10007
Telephone: (212) 637-2697
Fax: (212) 637-2717
Email: peter.aronoff@usdoj.gov

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF NEW YORK

ALAN JULES WEBERMAN,

Plaintiff, ANSWER
- versus –
No. 15 Civ. 2789 (WHP)
CENTRAL INTELLIGENCE AGENCY,

Defendant.

Defendant the Central Intelligence Agency (“CIA” or “Defendant”), by its

attorney, Preet Bharara, United States Attorney for the Southern District of New York, answers

the complaint of plaintiff Alan Jules Weberman (“Plaintiff”) upon information and belief as

follows:

1. Paragraph 1 of the complaint constitutes Plaintiff's characterization of this action,

to which no response is required.

2. Paragraph 2 of the complaint contains a legal conclusion, to which no response is

required.

3. Defendant denies knowledge or information sufficient to form a belief as to the

truth of the allegations in paragraph 3 of the complaint. These allegations appear to consist of

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Plaintiff’s characterization of documents in the public domain, or documents that are attached as

an Exhibit to the Complaint, to which no response is required. To the extent that a response is

required, Defendant denies the allegations on the ground that the documents speak for

themselves and the Court is respectfully referred to those documents, which are the best evidence

of their contents.

4. Defendant admits the first sentence of paragraph 4 of the complaint. Defendant

denies knowledge or information sufficient to form a belief as to the truth of the allegations in

the second sentence of paragraph 4 of the complaint; to the extent the second sentence of

paragraph 4 is a legal conclusion, no response is required.

5. Defendant admits the allegations contained in the fifth paragraph in the complaint,

to the extent that Plaintiff meant in the third sentence to state that “Defendant refused to

acknowledge the existence or non existence of requested records.”

6. To the extent that paragraph 6 of the complaint quotes and characterizes legal

authorities or makes legal arguments, no response is required; to the extent a response is

required, denies. To the extent paragraph 6 contains factual allegations, denies.

7. Defendant denies knowledge or information sufficient to form a belief as to the

truth of the allegations in paragraph 7 of the complaint.

8. To the extent a response is required to paragraph 8 of the complaint, Defendant

denies knowledge or information sufficient to form a belief as to the truth of the allegations in

paragraph 8 of the complaint.

9. Paragraph 9 of the complaint re-alleges paragraphs 1 through 8 of the complaint;

no additional response is required.

10. Denies.

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11. Denies.

12. The remainder of the Complaint consists of Plaintiff’s prayer for relief, to which

no response is required. To the extent a response is required, Defendant denies that Plaintiff is

entitled to the relief requested, or to any relief whatsoever.

AFFIRMATIVE AND OTHER DEFENSES

Any allegations not specifically admitted, denied, or otherwise answered are hereby

denied. For its further and separate defenses, the Government alleges as follows:

FIRST DEFENSE

The complaint should be dismissed in whole or in part for failure to state a claim upon

which relief can be granted.

SECOND DEFENSE

The Court lacks subject matter jurisdiction over plaintiff’s requests for relief that exceed

the relief authorized by statute under FOIA, 5 U.S.C. § 552.

Defendant may have additional defenses which are not known at this time but which may

become known through discovery. Accordingly, Defendant reserves the right to assert each and

every affirmative or other defense that may be available, including any defenses available

pursuant to Rules 8 and 12 of the Federal Rules of Civil Procedure.

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WHEREFORE Defendant respectfully requests that the Court: (1) dismiss the Complaint

with prejudice; (2) enter judgment in favor of Defendant; and (3) grant such further relief as the

Court deems just and proper.

Date: New York, New York

September 21, 2015

PREET BHARARA
United States Attorney for the
Southern District of New York

By: PETER ARONOFF

/s/ Peter Aronoff
Assistant U.S. Attorney
86 Chambers Street, 3rd Floor
New York, New York 10007
Telephone: (212) 637-2697
Fax: (212) 637-2717
Email: peter.aronoff@usdoj.gov
Attorney for CIA