12-0003-I (National Archives and Records Administration)

This message is to confirm your request submission to the FOIAonline application: View Request. Request information is as follows: (https://www.foiaonline.gov/foiaonline/action/public/submissionDetails?trackingNumber=NARA-NGC-2019-000795&type=request)

* Tracking Number: NARA-NGC-2019-000795
* Requester Name: Emma Best
* Date Submitted: 09/18/2019
* Request Status: Submitted
* Description:
To Whom It May Concern:

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

Materials mentioning, generated or received as part of the National Archives and Records Administration's Office of the Inspector General's (Office of Investigations) investigation number 12-0003-I, including but not limited to emails containing "12-0003-I" or "12 0003 I," materials describing the FBI's briefing, materials describing the evidence collected and shared by the FBI (including materials describing its provenance), as well as any interim, final or supplemental reports.

Note that the investigation was closed with the consent of both NARA and the FBI, and there was no finding of criminal activity. Therefore, broad b7(A) redactions do not apply. Please see attached for prior, official disclosures which were reviewed and approved by both NARA and the FBI.

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

Attachments:

https://cdn.muckrock.com/outbound_composer_attachments/EmmaBest/75326/12-0003-I202013.pdf
https://cdn.muckrock.com/outbound_composer_attachments/EmmaBest/75326/12-0003-I202019.pdf
https://cdn.muckrock.com/outbound_composer_attachments/EmmaBest/75326/Fee20category20and20search20parameters_0b4n3EQ.pdf
Upload documents directly: https://https://www.muckrock.comhttps://accounts.muckrock.com/accounts/login/?url_auth_token=AAAj2s1ucuu_oVmnt8n3JKMuPaY%3A1iARAi%3A5ZX8UWKFER9Mnwy_DP-Y6-zcBZU&next=https%3A%2F%2Fwww.muckrock.com%2Facco

Dear Ms. Best:

Thank you for submitting your Freedom of Information Act (FOIA) request to
the National Archives and Records Administration (NARA), via the
*FOIAOnline* website. We received your request on September 18, 2019.

Our office does not handle FOIA requests for records of the NARA Office of
Inspector General. That office processes FOIA requests for their
operational records. Therefore, we are forwarding your request to that
office. Since the OIG does not use *FOIAonline *to process FOIA requests, your
request has been removed from the *FOIAOnline* website, and you will be
assigned a new tracking number by that office within the next 20 business
days. In the future, if you need to follow up with that office directly,
please contact them at the address below, or electronically via email.

Office of Inspector General
National Archives and Records Administration
8601 Adelphi Road, Room 1300
College Park, MD 20740-6001

Telephone: 301-837-3000
FAX: 301-837-3197

For your reference, a copy of your request with three attachments is
below.

Please visit our website at www.archives.gov/foia for further information
about when and how to file a FOIA request with NARA.

Sincerely,

Susan Gillett
Government Information Specialist
Office of General Counsel
National Archives and Records Administration
College Park, MD 20740-6001
301-837-3409
susan.gillett@nara.gov

---------- Forwarded message ---------
From: <admin@foiaonline.gov>
Date: Wed, Sep 18, 2019 at 8:42 AM
Subject: FOIA Request Deletion: NARA-NGC-2019-000795
To: <susan.gillett@nara.gov>

Below is an export of the submitted request information for the FOIA
request NARA-NGC-2019-000795.

- *Name and Address*
- First Name: Emma
- Middle Initial:
- Last Name: Best
- Organization:
- Mailing Address Location: United States/U.S. Territories
- Address Line 1: MuckRock News, DEPT MR 80567
- Address Line 2: 411A Highland Ave
- City: Somerville
- State/Province: MA
- Zip/Postal Code: 02144
- *Contact Information*
- E-mail Address: requests@muckrock.com
- Phone Number:
- Fax Number:
- *Agency and Fee Information*
- Assigned Agency: NGC - Office of General Counsel
- Will Pay Up To: $0.00
- *Description*
- To Whom It May Concern: Pursuant to the Freedom of Information Act,
I hereby request the following records: Materials mentioning,
generated or
received as part of the National Archives and Records Administration's
Office of the Inspector General's (Office of Investigations)
investigation
number 12-0003-I, including but not limited to emails containing
"12-0003-I" or "12 0003 I," materials describing the FBI's briefing,
materials describing the evidence collected and shared by the FBI
(including materials describing its provenance), as well as any interim,
final or supplemental reports. Note that the investigation was
closed with
the consent of both NARA and the FBI, and there was no finding
of criminal
activity. Therefore, broad b7(A) redactions do not apply. Please see
attached for prior, official disclosures which were reviewed and approved
by both NARA and the FBI. 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
Attachments:

https://cdn.muckrock.com/outbound_composer_attachments/EmmaBest/75326/12-0003-I202013.pdf

https://cdn.muckrock.com/outbound_composer_attachments/EmmaBest/75326/12-0003-I202019.pdf

https://cdn.muckrock.com/outbound_composer_attachments/EmmaBest/75326/Fee20category20and20search20parameters_0b4n3EQ.pdf
Upload documents directly: https://https://www.muckrock.comhttps://
accounts.muckrock.com/accounts/login/?url_auth_token=AAAj2s1ucuu_oVmnt8n3JKMuPaY%3A1iARAi%3A5ZX8UWKFER9Mnwy_DP-Y6-zcBZU&next=https%3A%2F%2Fwww.muckrock.com%2Facco
- *Fee Waiver*
- Fee Waiver Requested: Yes
- Fee Waiver Reason: I am a member of the news media and request
classification as such. I have previously written about the
government and
its activities, with some reaching over 100,000 readers in
outlets such as
Gizmodo, MuckRock, Motherboard, Property of the People, Unicorn Riot, and
The Outline, among others. 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 non-profits such as the library Internet Archive and the
journalist
non-profit MuckRock, 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. Further, 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. I request that fees be waived.
- *Expedited Processing*
- Expedited Processing Requested: No
- Expedited Processing Reason:

Ms. Best,

Good afternoon. I just wanted to check in with you on the status of your
FOIA request. We have identified what could be some potentially responsive
records, but they are in off-site storage. They were ordered in September
and we are still waiting on them to be delivered.

Respectfully,

John Simms
Counsel to the Inspector General
Office of Inspector General
National Archives and Records Administration
301-837-1966

THE INFORMATION CONTAINED IN THIS TRANSMITTAL MAY BE CONFIDENTIAL AND MAY
BE PROTECTED FROM DISCLOSURE UNDER ATTORNEY-CLIENT AND/OR ATTORNEY
WORK-PRODUCT PRIVILEGES. THE INFORMATION IN THIS TRANSMITTAL MAY ALSO BE
SUBJECT TO ADDITIONAL CLAIMS OF PRIVILEGE IF COVERED BY A DISCOVERY
REQUEST, OR A FREEDOM OF INFORMATION ACT REQUEST UNDER 5 U.S.C. § 552. IF
YOU RECEIVED THIS TRANSMITTAL IN ERROR, ANY STORAGE, COPYING, DISSEMINATION
OR DISTRIBUTION OF THIS TRANSMITTAL AND/OR ATTACHMENTS IS PROHIBITED. IF
YOU RECEIVED THIS TRANSMITTAL IN ERROR, PLEASE NOTIFY THE SENDER VIA A
RETURN E-MAIL TRANSMISSION AND DESTROY THE TRANSMITTAL.

Re: Request for Records Relating to NARA OIG Investigation 12-0003-I (NARA
OIG FOIA 19-21)

Ms. Best,

This letter is in regards to a FOIA request below which you sent the
National Archives and Records Administration (NARA). NARA’s Office of
General Counsel (NGC) sent your request to the Office of Inspector General
(OIG) for processing. For your information, the OIG is an independent unit
of the National Archives and Records Administration (NARA) tasked by
Congress to combat fraud, waste, abuse and mismanagement within NARA. As
such, we have no control or authority over records kept and maintained by
any other government agency, or even any office at NARA. We only control
those records generated within the OIG alone. Accordingly, no other office
at NARA controls OIG records.

As previously communicated on October 3, 2019, I have reviewed the OIG’s
file and found responsive records, but another Federal agency has equities
in those records. This email is just a reminder that the NARA OIG records
have been sent to the FOIA office of that agency for a consult, and we are
waiting to hear back from them. As soon as we know what can be released
from these records we will send the records to you.

If you have any questions, please feel free to contact me directly at
301-837-1966 or john.simms@nara.gov. Thank you for contacting the NARA
OIG, I hope you have a wonderful holiday.

Respectfully,

John Simms
Counsel to the Inspector General
Office of Inspector General
National Archives and Records Administration
301-837-1966

THE INFORMATION CONTAINED IN THIS TRANSMITTAL MAY BE CONFIDENTIAL AND MAY
BE PROTECTED FROM DISCLOSURE UNDER ATTORNEY-CLIENT AND/OR ATTORNEY
WORK-PRODUCT PRIVILEGES. THE INFORMATION IN THIS TRANSMITTAL MAY ALSO BE
SUBJECT TO ADDITIONAL CLAIMS OF PRIVILEGE IF COVERED BY A DISCOVERY
REQUEST, OR A FREEDOM OF INFORMATION ACT REQUEST UNDER 5 U.S.C. § 552. IF
YOU RECEIVED THIS TRANSMITTAL IN ERROR, ANY STORAGE, COPYING, DISSEMINATION
OR DISTRIBUTION OF THIS TRANSMITTAL AND/OR ATTACHMENTS IS PROHIBITED. IF
YOU RECEIVED THIS TRANSMITTAL IN ERROR, PLEASE NOTIFY THE SENDER VIA A
RETURN E-MAIL TRANSMISSION AND DESTROY THE TRANSMITTAL.

Ms. Best,

Thank you very much for your patience. Your request and the potentially
responsive records were sent to the Federal Bureau of Investigation (FBI)
and were assigned FBI FOI/PA Request # 1452563-00. The FBI determined all
7,289 pages originated in an investigative file which is exempt from
disclosure pursuant to Title 5, United States Code, Section 552, subsection
b(7)(A) (Exemption b(7)(A)). Information compiled for law enforcement
purposes that could reasonably be expected to interfere with enforcement
proceedings is withheld from release pursuant to Exemption b(7)(A). After
review the FBI determined records were also covered by several other FOIA
exemptions. Exemptions b(6) and b(7)(C) cover information that constitutes
a clearly unwarranted invasion of personal privacy and/or records compiled
for law enforcement purposes that could reasonably be expected to
constitute an unwarranted invasion of personal privacy. Law enforcement
information which could reasonably be expected to disclose the identity of
a confidential source is covered under Exemption b(7)(D). Information that
would disclose techniques and procedures for law enforcement investigations
or prosecutions which could reasonably be expected to risk circumvention of
the law is covered under Exemption b(7)(E). The FBI has determined all
7,289 pages should be withheld under FOIA Exemptions b(6), b(7)(A),
b(7)(C), b(7)(D), and b(7)(E).

You have the right to administratively appeal those determinations by
writing to the Archivist of the United States, National Archives and
Records Administration, 8601 Adelphi Road, College Park, MD, 20740, within
ninety (90) calendar days of the date of this letter. If you choose to
appeal, your appeal letter and its envelope should be clearly marked
“Freedom of Information Act Appeal,” and you should explain why you believe
NARA should release the withheld information. Any appeal will be
coordinated with the Department of Justice Office of Information Policy
regarding the FBI redactions.

Alternatively, you may seek dispute resolution services on the FBI
redactions by contacting the FBI’s FOIA Public Liaison by emailing
foipaquestions@fbi.gov. If you submit your dispute resolution
correspondence with the FBI by email, the subject heading should clearly
state “Dispute Resolution Services.” Please also cite the FBI FOIPA
Request Number assigned to your request (#1452563-000) so it may be easily
identified. You may also contact the OIG’s FOIA Public Liaison, James
Springs, for assistance at:

National Archives and Records Administration
Office of Inspector General
8601 Adelphi Road, Room 1300
College Park, MD 20740-6001
(301) 837-3018
james.springs@nara.gov

If you are unable to resolve your FOIA dispute through the FOIA Public
Liaisons, the Office of Government Information Services (OGIS), the Federal
FOIA Ombudsman’s office, offers mediation services to help resolve disputes
between FOIA requesters and Federal agencies. The contact information for
OGIS is:

Office of Government Information Services
National Archives and Records Administration
8601 Adelphi Road–OGIS
College Park, MD 20740-6001
ogis@nara.gov
ogis.archives.gov
202-741-5770 or 1-877-684-6448

Finally, in accordance with Department of Justice guidance, I would also
like to notify you that Congress excluded three discrete categories of law
enforcement and national security records from the requirements of the
FOIA. See 5 U.S.C. 552(c) (2006 & Supp. IV 2010). This response is limited
to those records that are subject to the requirements of the FOIA. This is
a standard notification given to all our requesters and should not be taken
as an indication excluded records do, or do not, exist.

If you have any questions, please do not hesitate to contact me. I am
working from home today and my work cell phone is 301-974-7464, tomorrow I
will be back in the office at 301-837-1966. Thank you again.

Respectfully,

John Simms
Counsel to the Inspector General
Office of Inspector General
National Archives and Records Administration
301-837-1966

THE INFORMATION CONTAINED IN THIS TRANSMITTAL MAY BE CONFIDENTIAL AND MAY
BE PROTECTED FROM DISCLOSURE UNDER ATTORNEY-CLIENT AND/OR ATTORNEY
WORK-PRODUCT PRIVILEGES. THE INFORMATION IN THIS TRANSMITTAL MAY ALSO BE
SUBJECT TO ADDITIONAL CLAIMS OF PRIVILEGE IF COVERED BY A DISCOVERY
REQUEST, OR A FREEDOM OF INFORMATION ACT REQUEST UNDER 5 U.S.C. § 552. IF
YOU RECEIVED THIS TRANSMITTAL IN ERROR, ANY STORAGE, COPYING, DISSEMINATION
OR DISTRIBUTION OF THIS TRANSMITTAL AND/OR ATTACHMENTS IS PROHIBITED. IF
YOU RECEIVED THIS TRANSMITTAL IN ERROR, PLEASE NOTIFY THE SENDER VIA A
RETURN E-MAIL TRANSMISSION AND DESTROY THE TRANSMITTAL.

The Office of Information Policy has received your FOIA Appeal.  Please see the attached acknowledgment letter.

Your FOIAonline user account for requests@muckrock.com will be deactivated in 5 days due to inactivity.

Your FOIAonline user account for requests@muckrock.com will be deactivated in 5 days due to inactivity.

Your FOIAonline user account for requests@muckrock.com has been deactivated due to inactivity.

The Office of Information Policy has made its final determination on your FOIA Appeal Number A-2020-00523 .  A copy of this determination is enclosed for your review, along with any enclosures, if applicable.  Thank you.