Ahmed Wali Karzai (Drug Enforcement Administration)

Jason Smathers filed this request with the Drug Enforcement Administration of the United States of America.
Tracking #

AP-2014-02653

14-00007-FR ; AP-2014-02653

Status
Rejected

Communications

From: Drug Enforcement Administration

An acknowledgement letter, stating the request is being processed.

From: MuckRock

Hello,

The acknowledgement letter for this request has been received. Please send further correspondence to this email inbox.

Thank you.

From: MuckRock.com

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Aug. 13, 2013. Please let me know when I can expect to receive a response, or if further clarification is needed. You had assigned it reference number #14-00007-FR.

Thank you for your help.

From: Drug Enforcement Administration

The request has been rejected, with the agency stating that the information or document(s) requested are exempt from disclosure.

From: Drug Enforcement Administration

The request has been rejected, with the agency stating that the information or document(s) requested are exempt from disclosure.

From: MuckRock.com

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Aug. 13, 2013. Please let me know when I can expect to receive a response, or if further clarification is needed. You had assigned it reference number #14-00007-FR.

Thank you for your help.

From: Jason Smathers

FREEDOM OF INFORMATION ACT APPEAL

Re: Case Number 14-00007-FR

Director
Office of Information Policy
United States Department of Justice
1425 New York Avenue, NW, Suite 11050
Washington, DC 20530-0001

Dear FOIA Appeals Authority:

This is an appeal per the Freedom of Information Act. Via letter dated March 10, 2014 and postmarked March 11, 2014, I was informed that my request was denied in full citing multiple exemptions only by checking boxes next to statues they claimed with applicable without any explanation as to why they might apply. I appeal the withholding of these records.

Exemption (b)(7)(A) requires that release “could reasonably be expected to interfere with enforcement proceedings.” There is no reasonable expectation of this because the subject is deceased, thus impossible to prosecute. Further, it is questionable that any DEA records concerning foreign nationals residing and conducting their activities on foreign land would ever be used for law enforcement purposes by the Department of Justice.

Exemption (b)(7)(C) requires that the release “could reasonably be expected to constitute an unwarranted invasion of personal privacy.” Since the subject is deceased, he has no privacy interests to protect.

These are only two of the six exemptions cited by the DEA, by only checking a mark next to the exemption number. It appears that several exemptions were checked without warrant to suppress information that should be released per the FOIA.
I will not venture to guess why each exemption was selected, however, I appeal on all grounds deemed appropriate by the appeals authority and ask that the records be viewed in light of the subject being a foreign national, concerning foreign activity, and is now deceased.

Regards,
Jason Smathers

From: OIP-NoReply

THIS MESSAGE IS SENT FROM AN UNATTENDED ID. DO NOT REPLY TO THIS MESSAGE

From: OIP-NoReply

THIS MESSAGE IS SENT FROM AN UNATTENDED ID. DO NOT REPLY TO THIS MESSAGE

  • Smathers, Jason (AP-2014-02653) DEA, affirm 1, 7A, 7C, 7D, 7E, 7F

From: OIP-NoReply@usdoj.gov

The FOIA request DOJ-2015-001077 has had its Tracking Number changed to DOJ-AP-2015-001077. This is normally due to the request being transferred to another agency (for example, EPA to Dept. of Commerce) or to a sub-agency to process it. Additional details for this request are as follows:
* Old Tracking Number: DOJ-2015-001077
* New Tracking Number: DOJ-AP-2015-001077
* Requester Name: Jason Smathers
* Date Submitted: 11/18/2014
* Long Description: DRC appeal (AP-2014-02653)

From: OIP-NoReply@usdoj.gov

This message is to confirm your request submission to the FOIAonline application: View Request. Request information is as follows: (https://foiaonline.regulations.gov:443/foia/action/public/view/request?objectId=090004d2813f3e5f)
* Tracking Number: DOJ-2015-001077
* Requester Name: Jason Smathers
* Date Submitted: 11/18/2014
* Request Status: Submitted
* Description: DRC appeal (AP-2014-02653)

From: Muckrock Staff

To Whom It May Concern:

I wanted to follow up on the following request, copied below. Please let me know when I can expect to receive a response.

Thanks for your help, and let me know if further clarification is needed.

From: Drug Enforcement Administration

The request has been rejected by the agency.

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