Reporter who found tracker on his car in Kansas sues FBI for records
Published in News & Features
A New York Times reporter who discovered a tracking device on his family’s car while in Lawrence, Kansas, in October 2021, is suing the FBI for answers.
According to a complaint filed by the Times in the Southern District of New York last month, the FBI has continued to withhold documents related to the incident since closing its investigation into the illicit tracking of reporter Kevin Draper’s vehicle.
“A tracking device was discovered on his family’s car. He was subsequently told by law enforcement that the device was likely planted by parties concerned about reporting that he was doing,” the lawsuit says.
The incident was investigated by the FBI and the U.S. Attorney’s Office for the District of Kansas. On June 4, 2024, the suit says, Draper was told by the government that the case had been closed.
In January 2025, Draper filed a Freedom of Information Act, or FOIA, request seeking “any and all documents, communication and memos relating to myself, Kevin Michael Draper.” It was the third open records request he had filed related to the investigation, according to the complaint.
After being informed on Feb. 7 that “the Request would be treated as a request for all documents pertaining to him, including those that would have been subject to the two earlier requests,” the complaint alleges that communications from the federal agency ceased.
“The Times has not received any further response to the Request,” it says.
The Times alleged that the FBI failed to meet FOIA’s statutory deadline of 20 business days to respond substantively to the request and turn over responsive documents.
“Defendant FBI is an agency subject to FOIA and must therefore conduct an adequate search using reasonable efforts for responsive records; release any disclosable records in its possession at the time of the request; and provide a lawful reason for withholding any other materials as to which it is claiming an exemption,” the complaint says.
The Times claimed it has exhausted its administrative remedies and asked the court to order the FBI to provide records within 20 days of the judge’s decision.
A representative for The Times declined to comment further.
“We don’t have anything to add beyond the complaint,” spokesperson Danielle Rhoades Ha said in an email.
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