Daniel Schorr
| Tracking # |
1379793-0, DOJ-AP-2019-002042 1379793-0 1379793-000 13799793-000 |
| Submitted | July 8, 2017 |
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Communications
From: Emma Best
To Whom It May Concern:
This is a request under the Freedom of Information Act. I hereby request the following records:
Records relating to or mentioning Daniel Louis Schorr (August 31, 1916 – July 23, 2010) was an American journalist who covered world news for more than 60 years. Schorr died peacefully from an apparent "short illness" on July 23, 2010, at a Washington, D.C. hospital.
In 1971, after a dispute with White House aides, Schorr's friends, neighbors, and co-workers were questioned by the Federal Bureau of Investigation (FBI) about his habits. They were told that Schorr was under consideration for a high-level position in the environmental area. Schorr knew nothing about it. Later, during the Watergate hearings, it was revealed that Nixon aides had drawn up what became known as Nixon's Enemies List, and Daniel Schorr was on that list. Famously, Schorr read the list aloud on live TV, surprised to be reading his own name in that context.
Schorr provoked intense controversy in 1976 when he received and made public the contents of the secret Pike Committee report on illegal Central Intelligence Agency (CIA) and FBI activities. Called to testify before Congress, he refused to identify his source on First Amendment grounds, risking imprisonment. This did not mollify CBS executives, and Schorr ultimately resigned from his position at CBS in September 1976. Although scolded at first for his television report by former CIA director Richard Helms, Schorr was vindicated by the text of the Pike Committee, which he obtained from an undisclosed source and sent to The Village Voice.
Please conduct a search of the Central Records System, including but not limited to the ELSUR Records System, the Microphone Surveillance (MISUR) Indices, the Physical Surveillance (FISUR) Indices, and the Technical Surveillance (TESUR) Indices, for both main-file records and cross-reference records for all relevant names, individuals, agencies and companies. If any potentially responsive records have been destroyed and/or transferred to NARA, then I request copies of the destruction or transfer slips as well as any other documentation relating to, mentioning or describing said transfer or destruction, to include but not be limited to confirmation that the Bureau has no other copies of said records (as the Bureau has posted copies of records that it previously said were transferred to NARA such as the Tokyo Rose file).
Referring me to the files already posted on the FBI website will not satisfy the intent of this request.
I am a member of the news media and request classification as such. I am freelance writer who has previously written about the government and its activities for MuckRock, Motherboard, Unicorn Riot, AND Magazine and Glomar Disclosure. My articles have been widely read, with some reaching over 100,000 readers. My work has been further discussed in outlets including the New York Times, the Washington Post, and BBC. As such, as I have a reasonable expectation of publication and my editorial and writing skills are well established. In addition, I discuss and comment on the files online and make them available through the non-profit Internet Archive, disseminating them to a large audience. While my research is not limited to this, a great deal of it, including this, focuses on the activities and attitudes of the government itself. As such, it is not necessary for me to demonstrate the relevance of this particular subject in advance. Additionally, case law states that “proof of the ability to disseminate the released information to a broad cross-section of the public is not required.” Judicial Watch, Inc. v. Dep’t of Justice, 365 F.3d 1108, 1126 (D.C. Cir. 2004); see Carney v. U.S. Dep’t of Justice, 19 F.3d 807, 814-15 (2d Cir. 1994). Further, courts have held that "qualified because it also had “firm” plans to “publish a number of . . . ‘document sets’” concerning United States foreign and national security policy." Under this criteria, as well, I qualify as a member of the news media. Additionally, courts have held that the news media status "focuses on the nature of the requester, not its request. The provision requires that the request be “made by” a representative of the news media. Id. § 552(a)(4)(A)(ii)(II). A newspaper reporter, for example, is a representative of the news media regardless of how much interest there is in the story for which he or she is requesting information." As such, the details of the request itself are moot for the purposes of determining the appropriate fee category. As such, my primary purpose is to inform about government activities by reporting on it and making the raw data available and I therefore request that fees be waived. Per DOJ FOIA guidance, "a requester should be granted a fee waiver if the requested information (1) sheds light on the activities and operations of the government; (2) is likely to contribute significantly to public understanding of those operations and activities; and (3) is not primarily in the commercial interest of the requester." As this FOIA meets all of those requirements (see above regarding the subject and how I will apply the information), a fee waiver is warranted.
The requested documents will be made available to the general public, and this request is not being made for commercial purposes.
In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.
Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 20 business days, as the statute requires.
Sincerely,
Emma Best
From: Federal Bureau of Investigation
An acknowledgement letter, stating the request is being processed.
From: MuckRock.com
To Whom It May Concern:
I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on July 8, 2017. Please let me know when I can expect to receive a response, or if further clarification is needed. You had assigned it reference number #13799793-000.
Thanks for your help, and let me know if further clarification is needed.
From: MuckRock.com
To Whom It May Concern:
I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on July 8, 2017. Please let me know when I can expect to receive a response, or if further clarification is needed. You had assigned it reference number #13799793-000.
Thanks for your help, and let me know if further clarification is needed.
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on July 8, 2017. Please let me know when I can expect to receive a response, or if further clarification is needed. You had assigned it reference number #13799793-000.
Thanks for your help, and let me know if further clarification is needed.
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on July 8, 2017. Please let me know when I can expect to receive a response, or if further clarification is needed. You had assigned it reference number #13799793-000.
Thanks for your help, and let me know if further clarification is needed.
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on July 8, 2017. Please let me know when I can expect to receive a response, or if further clarification is needed. You had assigned it reference number #13799793-000.
Thanks for your help, and let me know if further clarification is needed.
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on July 8, 2017. Please let me know when I can expect to receive a response, or if further clarification is needed. You had assigned it reference number #13799793-000.
Thanks for your help, and let me know if further clarification is needed.
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on July 8, 2017. Please let me know when I can expect to receive a response, or if further clarification is needed. You had assigned it reference number #13799793-000.
Thanks for your help, and let me know if further clarification is needed.
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following Freedom of Information Act request, copied below, and originally submitted on July 8, 2017. Please let me know when I can expect to receive a response, or if further clarification is needed. You had assigned it reference number #13799793-000.
Thanks for your help, and let me know if further clarification is needed.
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following Freedom of Information Act request, copied below, and originally submitted on July 8, 2017. Please let me know when I can expect to receive a response, or if further clarification is needed. You had assigned it reference number #13799793-000.
Thanks for your help, and let me know if further clarification is needed.
From: Federal Bureau of Investigation
A copy of documents responsive to the request.
From: Federal Bureau of Investigation
A copy of documents responsive to the request.
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1379793-0 - File 7, Section 1.PDF
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1379793-0 - File 6, Section 1.PDF
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1379793-0 - File 5, Section 1.PDF
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1379793-0 - File 4, Section 1.PDF
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1379793-0 - File 2, Section 1.PDF
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1379793-0 - File 3, Section 1.PDF
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1379793-0 - File 1, Section 1.PDF
From: Emma North-Best
I am appealing the integrity of the redactions of the response, including by not limited to File 4 Section 1, which has numerous and excessive redactions, which include the general description of the information which the Village Voice published, which the Bureau withheld under b6 (not a person, no privacy standard or expectation), b7C (not a person, no privacy standard or expectation), and b7D (not a confidential informant, source or method, and the Bureau has already acknowledged referencing the Village Voice's publications in this very case).
From: Federal Bureau of Investigation
This message is to notify you of a new appeal submission to the FOIAonline application. Appeal information is as follows:
* Appeal Tracking Number: DOJ-AP-2019-002042
* Request Tracking Number: 1379793
* Requester Name: Emma Best
* Date Submitted: 01/28/2019
* Appeal Status: Submitted
* Description: FBI appeal
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following request, copied below. Please let me know when I can expect to receive a response.
Thanks for your help, and let me know if further clarification is needed.
From: Federal Bureau of Investigation
A fix is required to perfect the request.
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1379793-0 - File 1, Section 1.PDF
From: Federal Bureau of Investigation
A fix is required to perfect the request.
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1379793-0 - File 1, Section 1.PDF
From: Federal Bureau of Investigation
DOJ-AP-2019-002042 has been processed with the following final disposition: Affirmed on Appeal.
Given the nature of this request, some records are only being released to you as the requester. If you have an account in FOIAonline, you may access those records by [FOIAONLINE_HOME]. Otherwise, those responsive records will be sent via the method agreed upon with the FOIA processor.
From: Federal Bureau of Investigation
A copy of documents responsive to the request.
Files
pages