Lawsuit Seeks Records about Kurt Olsen’s Work, Including Communications with the White House Amid Concerns about Potential Retaliatory Use of Federal Investigative Authority

Boston — Free Speech For People filed a lawsuit today against the U.S. Department of Justice (DOJ), seeking to compel the release of records that could shed light on a reported investigation examining whether President Trump’s civil rights were violated by legitimate criminal investigations conducted after his first term. Free Speech For People is represented in the lawsuit by Democracy Forward.

The Freedom of Information Act (FOIA) lawsuit seeks records concerning the work of Kurt Olsen, who joined the U.S. Attorney’s Office for the Southern District of Florida earlier this year and, according to public reporting, was involved in a wide-ranging investigation examining past investigations of President Trump at that office. The complaint states that public reporting raises questions about whether federal investigative and prosecutorial authority could be used to target public critics and officials involved in prior investigations and prosecutions of the president.

“Kurt Olsen’s record not only includes multiple schemes to assault our democracy,” says Susan Greenhalgh, Senior Advisor on Election Security at Free Speech For People. “He is also connected to the 2021 plot to break into voting machines in Georgia and unlawfully take copies of voting software. With his record, putting Olsen in the Department of Justice, with all the associated power, was deeply disturbing and has created new threats to democracy. This is why we are demanding transparency into his activities at the Justice Department.”

“The U.S. Department of Justice’s extraordinary investigative and prosecutorial powers must never be used to pursue personal or political retaliation,” said Skye Perryman, President and CEO of Democracy Forward. “The serious questions surrounding this investigation demand transparency about what is happening, who is involved, and how federal law enforcement authority is being used. We are honored to represent Free Speech For People in the fight for transparency and accountability.”

In July, Free Speech For People submitted five FOIA requests seeking information about Olsen’s work at DOJ. The requests seek, among other records, Olsen’s communications with White House officials and outside actors, his calendars, communications containing terms related to his work, and memoranda, reports, directives, and guidance he authored or issued.

According to the complaint, DOJ acknowledged all five requests and placed them on its “complex” processing track but has not issued a determination on any of them or produced responsive records. 

The case is Free Speech For People v. DOJ, and Democracy Forward’s legal team working on the case includes Ron Fein, Daniel Martinez, Robin Thurston, and Daniel McGrath.

Read the complaint here.