Robert Kehoe records

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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-2020-001887
* Request Tracking Number: 1447958-000
* Requester Name: Joseph Durso
* Date Submitted: 01/18/2020
* Appeal Status: Submitted
* Description:
With regards to FBI FOIA request #1447958-000, this is to appeal the FBI's withholding of 7 entire pages from the released responsive records under exemption (b)(3), based on 50 USC 3024(i)(1).

The subject of the request, Dr. Robert Kehoe, died almost 30 years ago. Most of the professional activities he was best known for occurred more than 50 years ago. Given that the FBI entirely withheld these pages, I do not known what time period these pages pertain to, or their exact subject. However, supposing how old the records probably are given how long ago Dr. Kehoe was known to be active, I am extremely skeptical that particular intelligence sources and methods could not be protected by redaction.

I ask OIP to consider:

1. The age of the records.

2. How long ago any activities the records pertain to occurred, on bases including but not limited to as whether the broader activities have now been declassified, decontrolled, or otherwise become known to the public.

3. Whether sources and methods cannot be protected by redaction rather than withholding of the entire pages, both in connection with how much time has elapsed, and in more broadly.

4. Given that I cannot review the withheld pages to formulate a more specific basis, any other basis obvious to OIP upon reviewing the withheld pages.

Thank you,

Joseph Durso

Attention: Joseph Durso

Dear Mr. Durso,

I am writing in response to your Freedom of Information Act request of
January 14, 2020, for records in the custody of the National Archives and
Records Administration. Your request was received in this office on January
14, 2020, and assigned FOIA tracking number *63761*.

You requested access to Serials 144 and 145 from FBI case file 65-HQ-28688,
identified by the FBI as potentially responsive to your request for records
relating to Dr. Robert Kehoe. Based on my initial evaluation, this file is
deemed unresponsive to your request because it has no relation to Dr.
Robert Kehoe.

The subject of this file generally, and the two requested serials
specifically is German espionage activities. In addition, Dr. Robert
Kehoe's name does not appear in either of the two requested serials.
Because I have determined that Serials 144 and 145 from FBI case file
65-HQ-28688 bear no relation to your subject of interest, we are denying
your request on procedural grounds. *However, if you believe that the file
is responsive to your request, please contact me directly at
heather.macrae@nara.gov <heather.macrae@nara.gov> within ninety (90)
calendar days from the date of this letter. If we do not hear from you
within ninety (90) calendar days, we will administratively close your case.*

I did conduct a search of the FBI files for the name Robert Kehoe, and was
unable to locate any other case files that relate to Dr. Robert Kehoe among
the records of the National Archives.

This concludes the processing of your request. If you have additional
questions, please contact me directly.

If you are not satisfied with our action on this request, you have the
right to file an administrative appeal within ninety (90) calendar days
from the date of this letter. Appeals must be in writing and may be
delivered by regular U.S. mail or by e-mail. By filing an appeal, you
preserve your rights under the Freedom of Information Act and present the
deciding agency with an opportunity to review your request and reconsider
its decision. If you submit your appeal by regular mail, it should be
addressed to the Deputy Archivist of the United States (ND), National
Archives and Records Administration, 8601 Adelphi Road, Room 4200, College
Park, Maryland 20740-6001. Both the letter and envelope should be clearly
marked “FOIA Appeal.” If you submit your appeal by e-mail, please send it
to foia@nara.gov, addressed to the Deputy Archivist, with the words “FOIA
Appeal” in the subject line. Please be certain to explain why you believe
this response does not meet the requirements of the Freedom of Information
Act. All communications concerning this request should reference FOIA
tracking number 63761.

If you would like the opportunity to discuss our response and attempt to
resolve your dispute without initiating the appeals process, you may
contact our FOIA Public Liaison for assistance:

Accessioned Executive Branch Records – Washington, DC Area

FOIA Requester Service Center: 301-837-3190

FOIA Public Liaison: Lynn Goodsell (Acting)

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College Park, MD 20740-6001

Telephone: 301-837-3190

E-mail: dc.foia.liaison@nara.gov

If you are unable to resolve your dispute through our Public Liaison, the
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ombudsman. OGIS offers mediation services to help resolve disputes between
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ogis@nara.gov

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1-877-684-6448

Sincerely,

--
*Heather MacRae*
*Archivist, Special Access/FOIA Staff*
*National Archives & Records Administration*

Tel: 301-837-1932
Email: heather.macrae@nara.gov
Main Office Tel: 301-837-3190
Main Office Email: specialaccess_foia@nara.gov
National Archives Website: www.archives.gov
Special Access/FOIA Website: www.archives.gov/research/foia/

Dear Joseph E Durso <requests@muckrock.com>,
Your password has been updated per your request. You can change your password in the future from your
profile page.
If you believe you received this email in error or need additional assistance, please contact the FOIAonline Help Desk. (mailto:foia.help@epa.gov)
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FOIAonline Team (mailto:foia.help@epa.gov)

The FOIA
appeal
- DOJ-AP-2020-001887 description has been modified. Additional details for this item are as follows:

* Tracking Number: DOJ-AP-2020-001887
* Requester: Mr. Joseph E Durso
* Submitted Date: 01/18/2020
* Description:
With regards to FBI FOIA request #1447958-000, this is to appeal the FBI's withholding of 7 entire pages from the released responsive records under exemption (b)(3), based on 50 USC 3024(i)(1).

The subject of the request, Dr. Robert Kehoe, died almost 30 years ago. Most of the professional activities he was best known for occurred more than 50 years ago. Given that the FBI entirely withheld these pages, I do not known what time period these pages pertain to, or their exact subject. However, supposing how old the records probably are given how long ago Dr. Kehoe was known to be active, I am extremely skeptical that particular intelligence sources and methods could not be protected by redaction.

I ask OIP to consider:

1. The age of the records.

2. How long ago any activities the records pertain to occurred, on bases including but not limited to as whether the broader activities have now been declassified, decontrolled, or otherwise become known to the public.

3. Whether sources and methods cannot be protected by redaction rather than withholding of the entire pages, both in connection with how much time has elapsed, and in more broadly.

4. Given that I cannot review the withheld pages to formulate a more specific basis, any other basis obvious to OIP upon reviewing the withheld pages.

Thank you,

Joseph Durso

DOJ-AP-2020-001887 has been processed with the following final disposition: Affirmed on Appeal.

Dear Joseph E Durso <requests@muckrock.com>,
Your password has been updated per your request. You can change your password in the future from your
profile page.
If you believe you received this email in error or need additional assistance, please contact the FOIAonline Help Desk. (mailto:foia.help@epa.gov)
Thank you!
FOIAonline Team (mailto:foia.help@epa.gov)

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