|Submitted||Dec. 9, 2010|
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To Whom It May Concern:
This is a request under the Freedom of Information Act. I hereby request the following records:
All records referencing the five oldest FOIA and Privacy Act requests which are still being processed that contain remarks, comments, notes, explanations, etc. made by your personnel or contractors about the processing of these requests (and appeals, if appropriate), the invocation of exemptions, or related matters. This is to include any analysts' notes made during the processing of the requests, any standard worksheets completed by the analysts, any justifications for exemption invocations or other supporting documentation provided to the Appeals Authority, and any correspondence referencing the requests, including tasking orders, emails, and coordination documentation. However, any records previously released to the original requesters in unredacted form may be excluded from this request. Additionally, please provide the initial request letters for the 5 oldest open FOIA/PA requests.
When processing this request, please note that the D.C. Circuit has previously held that agencies have a duty to construe the subject material of FOIA requests liberally to ensure responsive records are not overlooked. See Nation Magazine, Washington Bureau v. U.S. Customs Service, 71 F.3d 885, 890 (D.C. Cir. 1995). Accordingly, you are hereby instructed that the term “record” includes, but is not limited to: 1) all email communications to or from any individual within your agency; 2) memoranda; 3) inter-agency communications; 4) sound recordings; 5) tape recordings; 6) video or film recordings; 7) photographs; 8) notes; 9) notebooks; 10) indices; 11) jottings; 12) message slips; 13) letters or correspondence; 14) telexes; 15) telegrams; 16) facsimile transmissions; 17) statements; 18) policies; 19) manuals or binders; 20) books; 21) handbooks; 22) business records; 23) personnel records; 24) ledgers; 25) notices; 26) warnings; 27) affidavits; 28) declarations under penalty of perjury; 29) unsworn statements; 30) reports; 31) diaries; or 32) calendars, regardless of whether they are handwritten, printed, typed, mechanically or electronically recorded or reproduced on any medium capable of conveying an image, such as paper, CDs, DVDs, or diskettes.
I also request that, if appropriate, fees be waived as I believe this request is in the public interest. The requested documents will be made available to the general public free of charge as part of the public information service at MuckRock.com, processed by a representative of the news media/press and is made in the process of news gathering and not for commercial usage.
In the event that fees cannot be waived, 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.
I am responding to the voice mail which was left for me from Ms. Scott concerning my FOIA request to CENTCOM for the 5 oldest open FOIA requests. I am requesting the request letters, but I am also requesting all other records concerning those requests. If you have done any work on the 5 oldest requests at all, there should be records. For example, if you completed any worksheets, issued any taskers on the requests, or discussed the requests in writing with anyone, those would be responsive records. I am asking for all records concerning the five oldest requests as stated in my initial request. Nothing said in this response should in any way change my initial request. I believe my initial request clearly and narrowly states the records I am requesting in great detail.
I do not consent to withdraw my request, nor should it be administratively closed for any reason. I agree to up to $25 in fees according to the news media fee category if my request for a fee waiver is denied and that denial is upheld by both administrative appeal and judicial review if I were to pursue those remedies.
Please let me know if you have any further questions.
I have an agreement with MuckRock.com to publish Freedom of Information related stories. You can view one such published story here: http://www.muckrock.com/blog/requestors-voice-in-bullhead-city-arizona-freedom-of-information-reform-slow-going/
My agreement with MuckRock.com and my previously published article on Freedom of Information demonstrates a solid basis to expect publication.
Please bill according to the news media fee category or provide details to submit an appeal.
You have not responded to my January email. Please update me on the status of this request.