FOIA - Communications with DoD/NSA regarding George Floyd protests

J Ader filed this request with the Minnesota National Guard of Minnesota.

It is a clone of this request.

Tracking #

D015726-062620

Est. Completion None
Status
Fix Required

Communications

From: J Ader

To Whom It May Concern:

On May 30th 2020, Minnesota officials held a presser on the protests in Minneapolis pertaining to the killing of George Floyd by Minneapolis Police. During this presser, Gov. Tim Walz explained how the state administration as well as the National Guard have been in touch with the Department of Defense and National Security Agency to explore options in undertaking Signals Intelligence (SIGINT) to obtain information on protesters in the area.

Here is a video excerpt from the broadcast of this presser: https://twitter.com/wsmith825/status/1266744367043100672 (archived link: https://archive.is/aX6iR ).

Pursuant to the Minnesota Government Data Practices Act, I hereby request the following records:

- All transcripts, memos, and/or notes pertaining to any calls between any of your agency officials which included Defense Secretary Mark T. Esper
- All transcripts, memos, and/or notes pertaining to any calls between any of your agency officials which included Chairman of Joint Chiefs of Staff Gen. Mark A. Milley
- All internal emails, presentations, bulletins, memos, advisories, assessments, and/or analysis documents mentioning any of the following phrases (separated by comma): SIGINT, Signals Intelligence, Signal Intelligence, Signals Intel, Dept. of Defense, Department of Defense, DOD, DoD, D.O.D., National Security Agency, NSA, N.S.A.

I would like the time-frame for any responsive records for this request to be anything created from May 28th, 2020 to the date of this request (May 30th, 2020).

I am also requesting Expedited Processing for this request under Subsection 552(a)(6)(E) of the Freedom of Information Act. I believe this request both concerns a matter of current exigency to the American public as well as a significant recognized interest by the public, which a delay would quell. The matters relate to the ongoing surveillance of the American public under the U.S. Patriot Act and other legislative-based measures pertaining to Signals Intelligence.

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 10 business days.

Sincerely,

J Ader

From: Minnesota National Guard

Dear J :

Thank you for your interest in public records of the City of Saint Paul. Your Minnesota Government Data Practices open records request has been received and is being processed. Your request was received in this office on 6/26/2020 and given the reference number D015726-062620 for tracking purposes.

Record Requested: To Whom It May Concern:

On May 30th 2020, Minnesota officials held a presser on the protests in Minneapolis pertaining to the killing of George Floyd by Minneapolis Police. During this presser, Gov. Tim Walz explained how the state administration as well as the National Guard have been in touch with the Department of Defense and National Security Agency to explore options in undertaking Signals Intelligence (SIGINT) to obtain information on protesters in the area.

Here is a video excerpt from the broadcast of this presser: https://twitter.com/wsmith825/status/1266744367043100672 (archived link: https://archive.is/aX6iR ).

Pursuant to the Minnesota Government Data Practices Act, I hereby request the following records:

- All transcripts, memos, and/or notes pertaining to any calls between any of your agency officials which included Defense Secretary Mark T. Esper
- All transcripts, memos, and/or notes pertaining to any calls between any of your agency officials which included Chairman of Joint Chiefs of Staff Gen. Mark A. Milley
- All internal emails, presentations, bulletins, memos, advisories, assessments, and/or analysis documents mentioning any of the following phrases (separated by comma): SIGINT, Signals Intelligence, Signal Intelligence, Signals Intel, Dept. of Defense, Department of Defense, DOD, DoD, D.O.D., National Security Agency, NSA, N.S.A.

I would like the time-frame for any responsive records for this request to be anything created from May 28th, 2020 to the date of this request (May 30th, 2020).

I am also requesting Expedited Processing for this request under Subsection 552(a)(6)(E) of the Freedom of Information Act. I believe this request both concerns a matter of current exigency to the American public as well as a significant recognized interest by the public, which a delay would quell. The matters relate to the ongoing surveillance of the American public under the U.S. Patriot Act and other legislative-based measures pertaining to Signals Intelligence.

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 10 business days.

Sincerely,

J Ader

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City of Saint Paul

From: Minnesota National Guard

Good afternoon, the Minnesota Army National Guard (MNARNG) FOIA office does not process Minnesota Data Practices Act requests. We have no knowledge of the request to which you are referring. According to the information in your email thread below, your request was submitted to the City of Saint Paul Data Practices Act office so you must reach out to them.

If you wish to resubmit your request under the FOIA, the following website describes in detail how to make a request: DoD Open Government > Transparency > FOIA > FOIA Handbook (defense.gov)<https://open.defense.gov/Transparency/FOIA/FOIA-Handbook/>, but items of note are:

1. Description of records sought - be as specific as possible. As it is stated below, your request is much too broad to be processed by any Federal Agency under the FOIA. Requests for emails cannot only be a “keyword search”, they must include the to and from email addresses.
2. An agency is not required to create records to respond to a request.
3. Certain information is protected by the FOIA; the nine exemptions are listed on the DoD FOIA website above.

MNARNG requests can be submitted by email (preferred method) to: ng.mn.mnarng.mbx.foia@army.mil<mailto:ng.mn.mnarng.mbx.foia@army.mil> or by mail to:

Dept of Military Affairs J6
Attn FOIA Manager
20 12th Street W
Saint Paul, MN 55155

Respectfully,

Zena Reta
MNARNG J6
Administrative Services Supervisor
Freedom of Information Act and Privacy Manager
Office: 651-268-8876

Department of Military Affairs
NGMN‐IMA
20 12th Street West
Saint Paul MN 55155‐2004
FOIA: ng.mn.mnarng.mbx.foia@army.mil<mailto:ng.mn.mnarng.mbx.foia@army.mil>

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