S. Power Emails

Daniel Boguslaw filed this request with the United States Agency for International Development of the United States of America.

It is a clone of this request.

Tracking #

A-00011-22

FP-00143-21

Est. Completion None
Status
No Responsive Documents

Communications

From: Daniel Boguslaw

To Whom It May Concern:

Pursuant to the Freedom of Information Act, I hereby request the following records:

All correspondence (emails, letters, text messages, phone records) between USAID personnel and former Special Assistant to the President and Senior Director for Multilateral Affairs and Human Rights on the National Security Council Samantha Power, between January 1, 2009 and February 30, 2013.

I am a freelance reporter with outlets including The Intercept, The New Republic, and The Nation. I therefore ask that any associated fees be waves. Additionally, due to the public and legislative import of Samantha Power's interaction with USAID while serving on Barack Obama's National Security Council, I ask that this request receive expedited processing, as any information pertaining to Samantha Power will have a bearing on public interest and the thoroughness of the proceedings during her upcoming confirmation hearing for USAID chief.

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,

Daniel Boguslaw

From:

USAID has implemented maximum telework to promote social distancing during the COVID-19 pandemic.  Priorities in many of our operating units have shifted, thus impacting processing response times. Please note that USAID is unable to conduct a search for physical records while teleworking.  As a result, all search requests will be limited to electronic records, unless you notify us that you want your request to remain open until USAID employees have physical access to their workspaces. We appreciate your understanding during this time.  If you have any questions, please email us at foia@usaid.gov .  Thank you.

--
V/r, FOIA Specialist US AID - US Agency for International Development FOIA Office Bureau for Management, Office of Management Services, Information and Records Division (M/MS/IRD) | foia@USAID.gov

From: United States Agency for International Development

March 31, 2021 RE:  USAID FOIA No. F-00143-21 (Acknowledgment Letter) Dear Mr. Boguslaw: Thank you for your letter dated March 30, 2021, requesting information pursuant to the Freedom of Information Act (FOIA), 5 U.S.C. § 552.  The tracking number for your request is F-00143-21.  Please use this number when corresponding with our office. At this time, we are in the process of perfecting your request.  A perfected request for records reasonably describes such records and is made in accordance with published rules stating the time, place, fees (if any) and procedures to be followed.  This process includes reviewing the request for clarity and fee category determination and related commitment to pay, if applicable. Once your request is perfected, you will be notified of the FOIA Specialist assigned to process your case.  If you have questions, please contact us at .  Please cite the above-referenced number when corresponding with our office. (mailto:foia@usaid.gov) foia@usaid.gov Thank you. Sincerely, Diamond Johnson
FOIA Specialist
Bureau for Management
Office of Management Services
Information and Records Division

From: United States Agency for International Development

March 31, 2021 RE:  USAID FOIA No. F-00143-21 (Acknowledgment Letter) Dear Mr. Boguslaw: Thank you for your letter dated March 30, 2021, requesting information pursuant to the Freedom of Information Act (FOIA), 5 U.S.C. § 552.  The tracking number for your request is F-00143-21.  Specifically, you requested records concerning all correspondence (emails, letters, text messages, phone records) between USAID personnel and former Special Assistant to the President and Senior Director for Multilateral Affairs and Human Rights on the National Security Council Samantha Power, between January 1, 2009 and February 30, 2013.(Date Range for Record Search: From 1/1/2009 To 2/28/2013).  Please use this number when corresponding with our office. Clarification The FOIA requires that requests describe the records sought with sufficient detail to allow an agency employee familiar with the subject area of the request to locate the records with a reasonable amount of effort.  The FOIA was not intended to reduce government agency staff to researchers or full-time investigators on behalf of FOIA requesters.  In this instance, your request does not adequately describe the records sought; therefore, we are unable to process it at this time.  If you wish to pursue your request, please provide as much information as possible, such as: how the subject matter relates to USAID; name of the country and/or program/project; and/or persons involved (please provide the names and/or email boxes of USAID personnel you would like searched).
Your request has been placed on hold.  Please note that, if we do not receive your written response clarifying the types of records you seek--as articulated above--within 10 days from the date of this communication, we will consider the nonresponse a withdrawal of your request.  As such, your request will be closed and no further action will be taken on it. If you wish to discuss further, you may contact this office at foia@usaid.gov.
This is not a denial of your request. Once we receive this information, your request will be perfected. You will be notified of the FOIA Specialist assigned to process your case. If you have questions, please contact us by email at foia@usaid.gov. Thank you. Sincerely, Diamond Johnson
FOIA Specialist
Bureau for Management
Office of Management Services
Information and Records Division

From: Daniel Boguslaw

Hello,

Thank you for brining the broad scope of this request to my attention. Please allow me to narrow my request with the following amended parameters.

All correspondence (emails, letters, text messages, phone records) between former Special Assistant to the President and Senior Director for Multilateral Affairs and Human Rights on the National Security Council Samantha Power, and one or more of the following USAID officials: Rajiv Shah, Gayle Smith, Mara Rudman, Nancy Lindborg, and Mark Feierstein between January 1, 2009 and February 30, 2013. Please focus on correspondences related to Libya, Syria, Yemen, Iraq, Afghanistan, Palestine, Ukraine, Bolivia, Venezuela, and Chile.

I am a freelance reporter with outlets including The Intercept, The New Republic, and The Nation. I therefore ask that any associated fees be waves. Additionally, due to the public and legislative import of Samantha Power's interaction with USAID while serving on Barack Obama's National Security Council, I ask that this request receive expedited processing, as any information pertaining to Samantha Power will have a bearing on public interest and the thoroughness of the proceedings during her upcoming confirmation hearing for USAID chief.

From: United States Agency for International Development

Greetings! Thank you for your message.  I'm away from the office starting 04/01/21 and returning 04/05/21. For urgent matters, please contact our FOIA by email at ( foia@usaid.gov). Otherwise, I will respond to your message upon my return. (mailto:foia@usaid.gov)

--
Thank you,
Diamond M. Johnson
FOIA Specialist
US AID – US Agency for International Development
Bureau for Management, Office of Management Services, Information and Records Division USAID Annex, Room 2.4.0A ~ 1300 Pennsylvania Avenue, NW ~ Washington, DC 20523

From: United States Agency for International Development

April 05, 2021 RE:  USAID FOIA No. F-00143-21 (FOIA Specialist Assignment Email) Dear Mr. Boguslaw: This acknowledges receipt of your March 30, 2021, Freedom of Information Act (FOIA) request to the United States Agency for International Development (USAID).  Specifically, you requested records concerning all correspondence (emails, letters, text messages, phone records) between former Special Assistant to the President and Senior Director for Multilateral Affairs and Human Rights on the National Security Council Samantha Power, and one or more of the following USAID officials: Rajiv Shah, Gayle Smith, Mara Rudman, Nancy Lindborg, and Mark Feierstein between January 1, 2009 and February 30, 2013. Please focus on correspondences related to Libya, Syria, Yemen, Iraq, Afghanistan, Palestine, Ukraine, Bolivia, Venezuela, and Chile.(Date Range for Record Search: From 1/1/2009 To 2/28/2013). You also requested expedited processing and a fee waiver. Expedited Processing
The FOIA provides that e xpedited processing is warranted if the request involves circumstances in which the lack of expedited processing could (1) reasonably be expected to pose an imminent threat to the life or physical safety of an individual, or (2) an urgency to inform the public about an actual or alleged federal government activity, if made by a person primarily engaged in disseminating information.  You indicated you requested expedited processing "because the public has an urgent and compelling need for information about all correspondence (emails, letters, text messages, phone records) between former Special Assistant to the President and Senior Director for Multilateral Affairs and Human Rights on the National Security Council Samantha Power, and one or more of the following USAID officials: Rajiv Shah, Gayle Smith, Mara Rudman, Nancy Lindborg, and Mark Feierstein between January 1, 2009 and February 30, 2013. Please focus on correspondences related to Libya, Syria, Yemen, Iraq, Afghanistan, Palestine, Ukraine, Bolivia, Venezuela, and Chile.(Date Range for Record Search: From 1/1/2009 To 2/28/2013).  After review of your justification, your request for expedited processing is denied.  Your rationale does not articulate an imminent threat to the life or physical safety of an individual, nor is it an urgency to inform the public.  Below is information on how to submit an appeal for this expedited processing denial.
Fee Waiver
The FOIA provides that fees should be waived or reduced if disclosure of the information is in the public interest because it is likely to contribute significantly to public understanding of the operations and activities of the government and is not primarily in the commercial interest of the requester.  As a member of the media, the only applicable fee is duplication.  Duplication is $0.10 per page, but the first 100 pages are free.  After review of the fee waiver criteria, your fee waiver request is moot.  Since the only applicable fee is duplication, and USAID routinely furnishes responsive records to FOIA requesters in electronic format, it's most likely there will be no duplication fees to assess.
Appeal rightsYou have a right to appeal the denial of expedited processing.  Your appeal must be received by USAID no later than 90 days from the date of this communication.  In order for it to considered an official appeal, please address and send directly to the FOIA Appeal Officer:

Deputy Director, Office of Management Services
U.S. Agency for International Development
1300 Pennsylvania Avenue, NW
USAID Annex, M/MS, Room 10.8.OD
Washington, DC 20523

If you wish to fax your appeal, the fax number is (202) 916-4990.  Both the appeal and envelope should be marked "FOIA Appeal".  Please include the subject-referenced tracking number in your letter
FOIA Specialist
Your request has been assigned to Theresa Morris, Senior FOIA Specialist.  You may contact Theresa Morris by email at thmorris@usaid.gov or by phone on 202-921-5003.  Please reference the tracking number cited above in any future correspondence.
Extending the FOIA’s Time Limits due to Unusual Circumstances The FOIA provides that an agency  may extend its time limits when “unusual circumstances” occur in the processing of a request. See 5 U.S.C. § 552(a)(6)(B)(i) (2016). Those “unusual circumstances” are set forth in the statute, 5 U.S.C § 552(a)(6)(B)(iii), and are described as: 1) The need to search for records from field facilities or other locations separate from the office processing the request; 2) The need to search, collect and examine voluminous records; and 3) The need for consultation with another agency. Based upon the records you have requested, we have determined that one or more unusual circumstances will occur during the processing of your request. Accordingly, your response time-limit has been extended beyond the 20 days required by statute; therefore, 10 additional processing days have been added to your request. To mitigate this action, you may limit the scope of the request so that it can be processed more quickly or to arrange an alternative time to respond. If you have any questions or wish to discuss reformulation or an alternative time frame for the processing of your request, you may contact the assigned FOIA Specialist noted above. You may also contact USAID’s FOIA Public Liaison, Christopher Colbow, at foia@usaid.gov.

Additionally, you may contact the Office of Government Information Services (OGIS) at the National Archives and Records Administration to inquire about the FOIA mediation services offered: Office of Government Information Services National Archives and Records Administration 8601 Adelphi Road-OGIS, College Park, Maryland 20740-6001 E-mail: ogis@nara.gov Telephone: 202-741-5770; Toll Free: 1-877-684-6448 Fax: 202-741-5769 Thank you for your interest in USAID. Sincerely, Diamond Johnson
FOIA Specialist
Bureau for Management
Office of Management Services
Information and Records Division

From: Daniel Boguslaw

APPEAL FOR EXPIDITED PROCESSING ON USAID FOIA No. F-00143-21

To whom it may concern,

I am writing to appeal the decision to deny my FOIA request expedited processing. My request, seeking email correspondence between Samantha Power and senior USAID officials, falls under the Freedom of Information Act's provision for expedited processing due to "Compelling need", with "respect to a request made by a person primarily engaged in disseminating information, urgency to inform the public concerning actual or alleged Federal Government activity".

As a full time member of the news media, I am making this request to inform the general public about Samantha Power's work and interaction with USAID while serving in President Barack Obama's white house. The general public has an urgent need to learn about Power's record interacting and guiding USAID while serving as Chair of the Atrocities Prevention Board, which includes USAID, the agency she has been nominated to lead.

The courts have largely relied on three standards to determine whether or not their is an urgency to inform the public, and therefore whether or not to grant expedited status to a request:

1.) the request concerns a matter of current exigency to the American public
2.) the consequences of delaying a response would compromise a significant recognized interest
3.) the request concerns federal government activity.

The errors in judgment that Samantha Power made as a senior government official, and which have been widely reported on in outlets like The New Republic, maker her nomination a matter of current exigency to the American public: if confirmed as USAID chief, Power will have tremendous oversight on providing aid to foreign nations, and in turn a direct impact on the national security and international standing of the united State of America, two points of clear public interest. Furthermore, delaying a response would compromise public interest by preventing critical information from surfacing before Power's confirmation hearing before the U.S. Senate.

From: United States Agency for International Development

May 03, 2021
Dear Mr. Boguslaw:

The United States Agency for International Development (USAID) regrets the delay in responding to your Freedom of Information Act (FOIA) request.

Please be advised that FOIA No. FP-00143-21 has been reassigned to me, Kimberly Frazier, for processing.

USAID regrets any delay incurred in complying with your request and solicits your continued patience.  If you have any questions concerning your requests, please send me an email at , between 9:00 a.m. and 5:00 p.m., Monday through Friday. (mailto:kfrazier%20@usaid.gov) kfrazier@usaid.gov

From: United States Agency for International Development

Dear Mr. Boguslaw,

The United States Agency for International Development (USAID) regrets the
delay in responding to your Freedom of Information Act (FOIA) request. We
do not have an estimated time on when your request will be completed.
USAID is dealing with a backlog of requests and we will provide you with a
response as soon as we can.

Please be advised that Kimberly Frazier, FOIA Specialist, is no longer with
USAID, and FOIA No. F-00143-21 is currently being reassigned. However, if
you have any questions concerning your requests, please send me an email at
thmorris@usaid.gov, between 8:00 a.m. and 4:30 p.m., Monday through
Friday.

Again, USAID regrets any delay incurred in complying with your request and
solicits your continued patience.
--
Sincerely,

*Theresa A. Morris*
*Project Manager & Senior FOIA Specialist *
USAID - U.S. Agency for International Development
Bureau for Management, Office of Management Services
Information and Records Division (M/MS/IRD)
USAID Annex, Room 2.4.2C
1300 Pennsylvania Avenue, NW, Washington, DC 20523
Direct: (202) 921-5003 - thmorris@usaid.gov

From: Daniel Boguslaw

Please use the following email addresses for your search to narrow the scope of my request:

blinkena@state.gov, antony.blinken@state.gov, blinken.antony@state.gov, antony@state.gov,
blinken@state.gov, blinkenantony@state.gov, bmckeon@state.gov, brian.mckeon@state.gov, mckeon.brian@state.gov, brian@state.gov, mckeon@state.gov, brianmckeon@state.gov, shermanw@state.gov, wendy.sherman@state.gov, sherman.wendy@state.gov, wendy@state.gov, sherman@state.gov, shermanwendy@state.gov, ofda.gov

From: Daniel Boguslaw

Please use the following email addresses for your search to narrow the scope of my request:

blinkena@state.gov, antony.blinken@state.gov, blinken.antony@state.gov, antony@state.gov,
blinken@state.gov, blinkenantony@state.gov, bmckeon@state.gov, brian.mckeon@state.gov, mckeon.brian@state.gov, brian@state.gov, mckeon@state.gov, brianmckeon@state.gov, shermanw@state.gov, wendy.sherman@state.gov, sherman.wendy@state.gov, wendy@state.gov, sherman@state.gov, shermanwendy@state.gov, ofda.gov

From: Daniel Boguslaw

Please use the following email addresses for your search to narrow the scope of my request:

blinkena@state.gov, antony.blinken@state.gov, blinken.antony@state.gov, antony@state.gov,
blinken@state.gov, blinkenantony@state.gov, bmckeon@state.gov, brian.mckeon@state.gov, mckeon.brian@state.gov, brian@state.gov, mckeon@state.gov, brianmckeon@state.gov, shermanw@state.gov, wendy.sherman@state.gov, sherman.wendy@state.gov, wendy@state.gov, sherman@state.gov, shermanwendy@state.gov, ofda.gov

From: United States Agency for International Development

Good Afternoon Mr. Boguslaw,

It appears that you are responding to FOIA request *FP-00143-21*. This is
the email that I sent to you yesterday in reference to *F-00177-21*:

[image: image.png]

Please respond to the USAID Request that we have on file for you as
F-00177-21. I look forward to a response from you by July 6, 2021, as
stated in yesterday's email. Have a nice day.
Best regards,
Michelle Smith

From: United States Agency for International Development

May 31, 2022

Re: USAID FOIA Appeal of FOIA Request No. (Acknowledgement Letter/FOIA Specialist Assignment) A-00011-22

Dear Mr. Boguslaw: This email acknowledges receipt of your appeal of FOIA Case No. A-00011-22.  The tracking number for your appeal is A-00011-22. Please use this number when corresponding with our office. The Senior FOIA Specialist assigned to your FOIA appeal is Ms. Sylvia Lankford.

If you have any questions, please contact Ms. Lankford on 202-921-5005 or by email at . (mailto:slankford@usaid.gov) slankford@usaid.gov

Sincerely, Starr Lewis
FOIA Specialist
Bureau for Management
Office of Management Services
Information and Records Division

From: United States Agency for International Development

Dear Mr. Boguslaw,

Attached is the final response letter pertaining to your March 30, 2021,
Freedom of Information Act request to the U.S. Agency for International
Development.

*Kind regards,*

*Tiffanie M. WoodlandGovernment Information SpecialistUSAID – US Agency for
International DevelopmentBureau for Management, Office of Management
Services, Information and Records Division (M/MS/IRD) *

*Office:202-921-5006*
*Direct: 202-706-2421*

From: United States Agency for International Development

Good morning Mr. Boguslaw,

Attached please find USAID's final response to your FOIA appeal,
A-00011-22. Please let me know if you have any questions.

Thank you,

Peter A. Chickris

*Senior FOIA Specialist USAID – US Agency for International
DevelopmentBureau for Management, Office of Management Services,
Information and Records Division (M/MS/IRD) *
*USAID Annex, Room 2.4C * **1300 Pennsylvania Avenue, NW ** * **Washington,
DC 20523 *
*Mobile: (202) 600-1441 *
*pchickris@usaid.gov <pchickris@usaid.gov>*

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