24 APR 20-PRELIMINARY STATEMENT

Defendants assert in their Memorandum of Law in Support of Defendants’ Motion to Dismiss (Def. Memo.) that “Plaintiffs bring this action in an effort to compel Defendants pursuant to a writ of mandamus and the Administrative Procedure Act (“APA”) to present certain information to a federal grand jury pursuant to 18 U.S.C. § 3332(a) (“Section 3332”) and to release grand jury material related to any such presentation.” This statement while accurate as far as it goes, does not go far enough. Plaintiffs also, conspicuously enough, also bring a claim under the First Amendment. See First Amended Complaint (FAC), Dkt. 20, Count II. Contrary to Defendants’ assertion that Plaintiffs’ claims are not cognizable, Plaintiffs First Amended Complaint, as explained herein, does state valid claims under the Federal Mandamus Statute 28 U.S.C. § 1361, under the APA, under the First Amendment, and under common law. For the reasons stated herein, Defendants’ Motion to Dismiss should be denied…MORE