Abdelilah Himich [INTERPOL]
|Submitted||Nov. 22, 2016|
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From: Patrick Mackie
To Whom It May Concern:
This is a request under the Freedom of Information Act. I hereby request the following records:
All records (I am looking for messages transmitted between foreign police, administrative files, and other files) created that reference name: Abdelilah Himich, AKA: Abu Sulayman al-Faransi, AKA: Abu Suleyman al-Firansi, AKA: Abu Suleyman, AKA: Abou Souleiman Al-Firansi, AKA: Abu Sulayman al-Faransi, AKA: Abu Souleymane, AKA: Abu Souleymaine al-Faransi, AKA: Abu Suleiman, DOB: November, 1989, POB: Morocco, Location: al Bab, Syria.
In this news article they reference: "France and Interpol have issued warrants for Himich’s arrest on suspicion of terrorist activity, according to U.S. officials.": http://www.pbs.org/wgbh/frontline/article/u-s-identifies-key-player-in-isis-attacks-on-europe/
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.
From: Interpol-USNCB FOIA
Mr. Mackie –
The attached is in response to your FOIA request.
INTERPOL Washington FOIA Service Center
U.S. Department of Justice
Washington, D.C. 20530
From: Patrick Mackie
INTERPOL Washington (U.S. National Central Bureau)
Information related to Abdelilah Himich is important to US citizens (who have an immense interests in national security, as Abdelilah Himich could be involved in plots against the United States). It is already public knowledge that Abdelilah Himich has a warrant (which is public) from Interpol (http://www.pbs.org/wgbh/frontline/article/u-s-identifies-key-player-in-isis-attacks-on-europe/).
Based on legal precedent Abdelilah Himich is defined by the state department as a Specially Designated Global Terrorist. Under Executive Order (E.O.) 13224 Specially Designated Global Terrorist is made to "Heightens public awareness and knowledge of individuals or entities linked to terrorism." as stated by the state department, hence increasing public interest. According to NARA vs Favish, it requires the agency to balance privacy interest against the public interest in disclosure. I do not believe this has been correctly balanced. Also, “clearly unwarranted” intrusion on personal privacy. This wouldn't be "clearly unwarranted" as he is a Specially Designated Global Terrorist. https://www.state.gov/r/pa/prs/ps/2016/11/264498.htm
According to Yick Wo v. Hopkins Abdelilah Himich (having never entered the United States) does not have a right to privacy, therefore; his personal privacy cannot be protected. Without entering lands of the United States, this individual is not subject to American laws and codes. Pursuant to Yick Wo v. Hopkins, Abdelilah Himich (due to not ever being on US Land) not been classified as a US person who is guaranteed the same rights and laws (which including FOIA privacy) as a citizen or one who has stepped foot on US lands.
From: INTERPOL Washington (U.S. National Central Bureau)
A letter stating that the request appeal has been received and is being processed.
Please do not reply to this e-mail, as this account is not monitored. To ensure a prompt reply, please direct any inquiries to the contact information listed in the correspondence provided to you. Thank you.
12/27/2016 10:38 AM FOIA Request: DOJ-AP-2017-001363
DOJ-AP-2017-001363 has been processed with the following final disposition: Affirmed on Appeal.