5 oldest FOIA requests (USSOCOM)

To Whom It May Concern:

This is a request under the Freedom of Information Act. I hereby request the following records:

All records referencing the five oldest FOIA and Privacy Act requests which are still being processed that contain remarks, comments, notes, explanations, etc. made by your personnel or contractors about the processing of these requests (and appeals, if appropriate), the invocation of exemptions, or related matters. This is to include any analysts' notes made during the processing of the requests, any standard worksheets completed by the analysts, any justifications for exemption invocations or other supporting documentation provided to the Appeals Authority, and any correspondence referencing the requests, including tasking orders, emails, and coordination documentation. However, any records previously released to the original requesters in unredacted form may be excluded from this request. Additionally, please provide the initial request letters for the 5 oldest open FOIA/PA requests.

When processing this request, please note that the D.C. Circuit has previously held that agencies have a duty to construe the subject material of FOIA requests liberally to ensure responsive records are not overlooked. See Nation Magazine, Washington Bureau v. U.S. Customs Service, 71 F.3d 885, 890 (D.C. Cir. 1995). Accordingly, you are hereby instructed that the term “record” includes, but is not limited to: 1) all email communications to or from any individual within your agency; 2) memoranda; 3) inter-agency communications; 4) sound recordings; 5) tape recordings; 6) video or film recordings; 7) photographs; 8) notes; 9) notebooks; 10) indices; 11) jottings; 12) message slips; 13) letters or correspondence; 14) telexes; 15) telegrams; 16) facsimile transmissions; 17) statements; 18) policies; 19) manuals or binders; 20) books; 21) handbooks; 22) business records; 23) personnel records; 24) ledgers; 25) notices; 26) warnings; 27) affidavits; 28) declarations under penalty of perjury; 29) unsworn statements; 30) reports; 31) diaries; or 32) calendars, regardless of whether they are handwritten, printed, typed, mechanically or electronically recorded or reproduced on any medium capable of conveying an image, such as paper, CDs, DVDs, or diskettes.

I also request that, if appropriate, fees be waived as I believe this request is in the public interest. The requested documents will be made available to the general public free of charge as part of the public information service at MuckRock.com, processed by a representative of the news media/press and is made in the process of news gathering and not for commercial usage.

In the event that fees cannot be waived, 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,

Jason Smathers

1) The processing of Freedom of Information Act requests is of current interest to the public. I state this by knowledge and belief as a represenative of the news media. The information requested in this FOIA request is of public interest.

2) I plan to write about FOIA processing, specifically about backlog in processing. I will be taking the records responsive to this FOIA request and turning it into a distinct work using my editorial skills. Please note, I plan to write on the subject, not simply post the records.

3) I have an agreement with muckrock.com to provide news articles concerning freedom of information issues. I have been previously published on this topic as part of this agreement. You can view my previously published article here: http://www.muckrock.com/blog/requestors-voice-in-bullhead-city-arizona-freedom-of-information-reform-slow-going/ My agreement for continued publishing and my previously published article on this topic demonstrate that the informaiton will be distributed to the general public.

I agree to fees up to $10 billed according to the news media fee category. If you refuse to process this request according to the news media fee category, please provide proper appeal informaiton. A pending appeal on a prior request does not allow for the denial of the right to appeal additional adverse decisions.

I have requested billing according to the news media fee category and insist it is the appropriate billing category. If you need more information, please let me know what you would like for me to explain. If you refuse to bill according to the news media fee category, please provide proper appeal information and understand that I plan to defend the news media category through appeal, mediation with OGIS and in federal court if needed.

Please either process this request according to the news media fee category or provide the proper appeal information.

to: DFOIPO@whs.mil
cc: FOIA@SOCOM.mil
CC: corinna.zarek@nara.gov

Mr. Hogan,

I am having trouble dealing with USSOCOM concerning the 5 oldest pending FOIA requests that you previously contacted me about. USSOCOM denied my request to be treated as news media for the purpose of billing and is requesting a blanket fee authorization (without providing me an estimate). They have threatened to close the case today if I do not provide that authorization.

I provided the following informaiton concerning my request for news media category billing:
1) The processing of Freedom of Information Act requests is of current interest to the public. I state this by knowledge and belief as a represenative of the news media. The information requested in this FOIA request is of public interest.

2) I plan to write about FOIA processing, specifically about backlog in processing. I will be taking the records responsive to this FOIA request and turning it into a distinct work using my editorial skills. Please note, I plan to write on the subject, not simply post the records.

3) I have an agreement with muckrock.com to provide news articles concerning freedom of information issues. I have been previously published on this topic as part of this agreement. You can view my previously published article here: http://www.muckrock.com/blog/requestors-voice-in-bullhead-city-arizona-freedom-of-information-reform-slow-going/ My agreement for continued publishing and my previously published article on this topic demonstrate that the informaiton will be distributed to the general public.

Doreen E. Agard's email to me suggests that I do not have the right to appeal the denial of news media status in this case because I have another pending appeal on the same issue. I remain interested in these records and believe closing the case today would be highly inappropriate. I ask that you intervene in this case, ensuring it remains open and either having it processed according to the news media fee category or allowing for a proper appeal to be submitted on the matter without closing the case.

I have copied Corinna Zarek from the Office of Government Information Services, as I have asked her to look into the inconsistent application of the news media fee category in various agencies, which I will expand to include USSOCOM if we cannot resolve the issue without her mediation.

Best Regards,
Jason Smathers

Office of Government Information Services
National Archives and Records Administration
8601 Adelphi Road, Room 2510
College Park, MD 20740

August 26, 2011

Dear OGIS,

I am contacting you for assistance with a recent request I made under the Freedom of Information Act (FOIA).

USSOCOM has denied me access to the news media fee category. They have done this based on the fact that another DOD compent denied me access to the news media fee category. Furthermore, USSOCOM has denied me the ability to appeal based on the fact that I had a pending appeal in the DOD concenring fee categories. Their last email to me threatened to close the case unless I agreed to be billed as "all other." I responded, but have not heard back from them since.

You may review a complete record of correspondance here: http://www.muckrock.com/foi/view/united-states-of-america/5-oldest-foia-requests-ussocom/320/

I understand that your office provides mediation services for FOIA requests such as mine. I look forward to hearing from your office about how this disagreement can be mediated.

In accordance with the Privacy Act of 1974 as amended, I hereby authorize the Office of Government Information Services to make inquiries on my behalf, including the right to review all documentation that OGIS deems necessary regarding the Freedom of Information Act and/or Privacy Act request/administrative appeal that is the subject of my request for OGIS assistance. I understand that any documents I provide to OGIS, except those provided in confidence, may be copied and forwarded to agency officials as a part of the mediation/resolution process. I also authorize any Federal department, agency or component to release to OGIS information and records related to my Freedom of Information Act and/or Privacy Act request/administrative appeal.

Electronic signature follows.

Signed,
/Jason Smathers/
Jason Smathers

Hi,

This is a follow up to request US SOCOM Case No. 2011-036. A complete history of the request is available here:

http://www.muckrock.com/foi/view/united-states-of-america/5-oldest-foia-requests-ussocom/320/#tabs-request

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Dec. 21, 2010. Please let me know when I can expect to receive a response, or if further clarification is needed. You had assigned it reference number #2011-034.

Thank you for your help.

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Dec. 21, 2010. Please let me know when I can expect to receive a response, or if further clarification is needed. You had assigned it reference number #2011-034.

Thank you for your help.

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Dec. 21, 2010. Please let me know when I can expect to receive a response, or if further clarification is needed. You had assigned it reference number #2011-034.

Thank you for your help.

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Dec. 21, 2010. Please let me know when I can expect to receive a response, or if further clarification is needed. You had assigned it reference number #2011-034.

Thank you for your help.

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Dec. 21, 2010. Please let me know when I can expect to receive a response, or if further clarification is needed. You had assigned it reference number #2011-034.

Thank you for your help.

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Dec. 21, 2010. Please let me know when I can expect to receive a response, or if further clarification is needed. You had assigned it reference number #2011-034.

Thank you for your help.

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Dec. 21, 2010. Please let me know when I can expect to receive a response, or if further clarification is needed. You had assigned it reference number #2011-034.

Thank you for your help.

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Dec. 21, 2010. Please let me know when I can expect to receive a response, or if further clarification is needed. You had assigned it reference number #2011-034.

Thank you for your help.

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Dec. 21, 2010. Please let me know when I can expect to receive a response, or if further clarification is needed. You had assigned it reference number #2011-034.

Thank you for your help.

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Dec. 21, 2010. Please let me know when I can expect to receive a response, or if further clarification is needed. You had assigned it reference number #2011-034.

Thank you for your help.

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Dec. 21, 2010. Please let me know when I can expect to receive a response, or if further clarification is needed. You had assigned it reference number #2011-034.

Thank you for your help.

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Dec. 21, 2010. Please let me know when I can expect to receive a response, or if further clarification is needed. You had assigned it reference number #2011-034.

Thank you for your help.

I wanted to follow up on the below request. Thanks!

Please provide me with an estimated date of completion.

Thanks!

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Dec. 21, 2010. Please let me know when I can expect to receive a response, or if further clarification is needed. You had assigned it reference number #2011-034.

Thank you for your help.

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Dec. 21, 2010. Please let me know when I can expect to receive a response, or if further clarification is needed. You had assigned it reference number #2011-034.

Thank you for your help.

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Dec. 21, 2010. Please let me know when I can expect to receive a response, or if further clarification is needed. You had assigned it reference number #2011-034.

Thank you for your help.

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Dec. 21, 2010. Please let me know when I can expect to receive a response, or if further clarification is needed. You had assigned it reference number #2011-034.

Thank you for your help.

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Dec. 21, 2010. Please let me know when I can expect to receive a response, or if further clarification is needed. You had assigned it reference number #2011-034.

Thank you for your help.

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Dec. 21, 2010. Please let me know when I can expect to receive a response, or if further clarification is needed. You had assigned it reference number #2011-034.

Thank you for your help.

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Dec. 21, 2010. Please let me know when I can expect to receive a response, or if further clarification is needed. You had assigned it reference number #2011-034.

Thank you for your help.

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Dec. 21, 2010. Please let me know when I can expect to receive a response, or if further clarification is needed. You had assigned it reference number #2011-034.

Thank you for your help.

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Dec. 21, 2010. Please let me know when I can expect to receive a response, or if further clarification is needed. You had assigned it reference number #2011-034.

Thank you for your help.

Hello,

On 2013-03-19, it was indicated that responsive documents would take 30-60 days to process. Please advise as to the delay and estimated date of completion.

Thank you.

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Dec. 21, 2010. Please let me know when I can expect to receive a response, or if further clarification is needed. You had assigned it reference number #2011-034.

Thank you for your help.

Hello,

It has been nearly a year (March 19, 2013) since your office indicated my FOIA request (originally dated Dec. 8, 2010) would be fulfilled in approximately 30-60 days.

Please provide an updated timetable for the completion of my request.

Thank you.

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Dec. 21, 2010. Please let me know when I can expect to receive a response, or if further clarification is needed. You had assigned it reference number #2011-034.

Thank you for your help.

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Dec. 21, 2010. Please let me know when I can expect to receive a response, or if further clarification is needed. You had assigned it reference number #2011-034.

Thank you for your help.

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Dec. 21, 2010. Please let me know when I can expect to receive a response, or if further clarification is needed. You had assigned it reference number #2011-034.

Thank you for your help.

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Dec. 21, 2010. Please let me know when I can expect to receive a response, or if further clarification is needed. You had assigned it reference number #2011-034.

Thank you for your help.

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Dec. 21, 2010. Please let me know when I can expect to receive a response, or if further clarification is needed. You had assigned it reference number #2011-034.

Thank you for your help.

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Dec. 21, 2010. Please let me know when I can expect to receive a response, or if further clarification is needed. You had assigned it reference number #2011-034.

Thank you for your help.

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Dec. 21, 2010. Please let me know when I can expect to receive a response, or if further clarification is needed. You had assigned it reference number #2011-034.

Thank you for your help.

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Dec. 21, 2010. Please let me know when I can expect to receive a response, or if further clarification is needed. You had assigned it reference number #2011-034.

Thank you for your help.

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Dec. 21, 2010. Please let me know when I can expect to receive a response, or if further clarification is needed. You had assigned it reference number #2011-034.

Thank you for your help.

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Dec. 21, 2010. Please let me know when I can expect to receive a response, or if further clarification is needed. You had assigned it reference number #2011-034.

Thank you for your help.

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Dec. 21, 2010. Please let me know when I can expect to receive a response, or if further clarification is needed. You had assigned it reference number #2011-034.

Thank you for your help.

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Dec. 21, 2010. Please let me know when I can expect to receive a response, or if further clarification is needed. You had assigned it reference number #2011-034.

Thank you for your help.

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Dec. 21, 2010. Please let me know when I can expect to receive a response, or if further clarification is needed. You had assigned it reference number #2011-034.

Thank you for your help.

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Dec. 21, 2010. Please let me know when I can expect to receive a response, or if further clarification is needed. You had assigned it reference number #2011-034.

Thank you for your help.

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Dec. 21, 2010. Please let me know when I can expect to receive a response, or if further clarification is needed. You had assigned it reference number #2011-034.

Thank you for your help.

Hello Mr. Komosinski,

Could you please provide an estimated date of completion for this request? It was originally submitted on December 8, 2010.

Thank you.

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Dec. 21, 2010. Please let me know when I can expect to receive a response, or if further clarification is needed. You had assigned it reference number #2011-034.

Thank you for your help.

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Dec. 21, 2010. Please let me know when I can expect to receive a response, or if further clarification is needed. You had assigned it reference number #2011-034.

Thank you for your help.

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Dec. 21, 2010. Please let me know when I can expect to receive a response, or if further clarification is needed. You had assigned it reference number #2011-034.

Thanks for your help, and let me know if further clarification is needed.

Hi Keith,

Thank you so much for your message. It's greatly appreciated, particularly as this request was initially submitted on December 8, 2010, and, as you say, it has passed through many hands before landing in your own. Please do let us know if there's any additional information you might need, and, again, we really appreciate your help with this and all of our requests.

Have a lovely evening,
Beryl, MuckRock