Leopold v. Manger

Case Number: 1:25-cv-01026

Court: U.S. District Court for the District of Columbia

Client: Jason Leopold

Background: The U.S. Capitol Police plays a unique role in securing federal lawmakers, and its response to the Jan. 6, 2021, riot at the U.S. Capitol faced intense scrutiny — but because the agency isn’t subject to the Freedom of Information Act, its operations have largely remained shrouded in secrecy.

A few weeks after a mob attacked and breached the Capitol, investigative journalist Jason Leopold sent letters to two divisions of the Capitol Police requesting access to, among other records, USCP written directives that were in effect on the day of the insurrection.

After counsel for the Capitol Police responded that the written directives were not public records, Leopold sued the chief of the Capitol Police and the inspector general of the Capitol Police for access to the documents in February 2021, arguing that the agency is subject to the common law right of access to government records. The U.S. District Court for the District of Columbia dismissed Leopold’s complaint, finding that all of the directives were protected from public disclosure. 

On appeal, the U.S. Court of Appeals for the District of Columbia Circuit affirmed the dismissal, but on different grounds. The appeals court concluded that the documents were, in fact, public records, but that Leopold had left “unbriefed” whether the Capitol Police’s duty to provide access — and to redact records containing sensitive “security information” rather than withhold them entirely — was “discretionary or ministerial” for purposes of awarding relief. 

On behalf of Leopold, Reporters Committee attorneys filed a new complaint to address the issues the D.C. Circuit left open. The lawsuit argues that the public has a powerful interest in disclosures relating to law enforcement policy, as well as a substantial interest in understanding the Capitol Police’s response to the events of Jan. 6, 2021.  

Filings:

2025-04-07: Complaint