161s 2005

Emma Best filed this request with the Federal Bureau of Investigation of the United States of America.

It is a clone of this request.

Tracking # 17.001964; NFP-64901
Status
Rejected
Tags

Communications

From: Michael Best

To Whom It May Concern:

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

The initiating and terminating documents for all 161 files (Special Inquiries for White House, Congressional Committees and Other Government Agencies) opened or closed in 2005. In addition to this, I request the first 10 other releasable pages and the last 10 other releasable pages from each file and the first and last instance releasable instances of communications from the White House, Congressional Committees or Other Government Agencies as appropriate.

I am a member of the news media and request classification as such. I have previously written about the government and its activities for AND Magazine, MuckRock and Glomar Disclosure and have an open arrangement with each. My articles have been widely read, with some reaching over 100,000 readers. 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 the non-profit Internet Archive, 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. Additionally, 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.

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,

Michael Best

From: FOIPAQUESTIONS

Dear Mr. Best,

The FBI has received your Freedom of Information Act/Privacy (FOIPA) request and it will be forwarded to Initial Processing for review. Your request will be processed under the provisions of FOIPA and a response will be mailed to you at a later date.

Requests for fee waivers and expedited processing will be addressed once your request has been assigned an FOIPA request number. You will receive written notification of the FBI’s decision.

Information regarding the Freedom of Information Act/Privacy is available at http://www.fbi.gov<http://www.fbi.gov>/ or http://www.fbi.gov/foia/<http://www.fbi.goiv/foia/>. If you require additional assistance please contact the Public Information Officer.

Thank you,

Holly Early
Government Information Specialist
Record/Information Dissemination Section (RIDS)
FBI-Records Management Division
170 Marcel Drive, Winchester, VA 22602-4843
PIO: (540) 868-4593
Direct: (540) 868-4854
Fax: (540) 868-4391/4997
E-mail: foiparequest@ic.fbi.gov<mailto:foiparequest@ic.fbi.gov>
Questions E-mail: foipaquestions@ic.fbi.gov<mailto:foipaquestions@ic.fbi.gov>

Do you have further questions about the FOI/PA process? Visit us at http://www.fbi.gov/foia

Please check the status of your request online at https://vault.fbi.gov/fdps-1/@@search-fdps. Status updates are performed on a weekly basis.

From: Federal Bureau of Investigation

A fix is required to perfect the request.

From: FOIPAQUESTIONS

Dear Mr. Best,
The request was received on 01-04-2017 (actual date request was scanned into the FOIPA Document Processing System) and assigned FOIPA Request Number #NFP-64901. The request was closed on 01-12-2017. Correspondence was mailed to your attention on 01-11-2017.
Information regarding the Freedom of Information Act/Privacy is available at http://www.fbi.gov<http://www.fbi.gov>/ or http://www.fbi.gov/foia/. If you require additional assistance please contact the Public Information Officer.
Thank you,

Holly Early
Government Information Specialist
Record/Information Dissemination Section (RIDS)
FBI-Records Management Division
170 Marcel Drive, Winchester, VA 22602-4843
PIO Line: (540) 868-4593
Direct: (540) 868-4854
Fax: (540) 868-4391 or (450)868-4997
Questions E-mail: foipaquestions@ic.fbi.gov<mailto:foipaquestions@ic.fbi.gov>

Do you have further questions about the FOI/PA process? Visit us at http://www.fbi.gov/foia

Please check the status of your request online at https://vault.fbi.gov/fdps-1/@@search-fdps. Status updates are performed on a weekly basis.

From: Federal Bureau of Investigation

The request has been rejected by the agency.

From: Michael Best

I am appealing the FBI's determination that I asked questions. No questions were asked and the records were reasonably described.

From: OIP-NoReply@usdoj.gov

01/31/2017 11:42 AM FOIA Request: DOJ-AP-2017-001964

From: OIP-NoReply@usdoj.gov

DOJ-AP-2017-001964 has been processed with the following final disposition: Affirmed on Appeal -- Records not reasonably described.

  • Best, Michael, AP-2017-001964, -001965 & -002120, FBI - Affirm Not Rea

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