America's Most Wanted

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

Communications

From: Emma Best

To Whom It May Concern:

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

Records mentioning or relating to the show America's Most Wanted, including any FBI coordination with the show and reports of cases closed and fugitives captured with the help of the show. Files may also be captioned: "America's Most Wanted" FOX Broadcasting.

The concept for America's Most Wanted originally came from a German show, Aktenzeichen XY ... ungelöst (German for File Reference XY ... Unsolved), that first aired in 1967, and the British show Crimewatch, first aired in 1984, with the US version conceived by Fox executive Stephen Chao and Executive Producer Michael Linder in the summer of 1987. Even earlier, however, CBS aired a three-month half-hour similar series hosted by Walter McGraw in the 1955-1956 season entitled Wanted.

While Linder was shooting the pilot episode in Indiana, Chao and Fox attorney Tom Herwitz conducted a hurried search for a host. Chao's first choice was former police officer and best-selling author Joseph Wambaugh, but Wambaugh refused, saying he didn't believe a national dragnet would work in the United States. Chao also considered asking recently resigned U.S. Attorney Rudolph Giuliani, former Virginia governor Chuck Robb and former Oklahoma governor Bob Curry before deciding a politician might use the show as a platform for personal political ambitions. Other potential candidates included former Marine Corps Commandant General P. X. Kelly, journalists Linda Ellerbee and Bob Woodward, and victims' advocate Theresa Saldana. Then, during a marathon telephone conference call, Herwitz suggested John Walsh. Walsh had gained publicity after his six-year-old son, Adam Walsh, was kidnapped and murdered in 1981. The crime had been the subject of the 1983 television film Adam, and Walsh's later advocacy had resulted in new legislation to protect missing children, as well as the creation of the National Center for Missing and Exploited Children. After lengthy discussions, Walsh agreed to host the pilot episode.

America's Most Wanted debuted as a half-hour program on February 7, 1988 on seven Fox-owned stations. Within four days of the first broadcast, FBI Ten Most Wanted Fugitive David James Roberts was captured as a direct result. He was a convicted killer who had recently escaped from prison by digging his way out with a small axe. This demonstrated the effectiveness of the show's "Watch Television, Catch Criminals" premise to skeptical law enforcement agencies. Ten weeks later, the program premiered nationwide on the Fox network and became the fledgling network's first hit series. In 1990, the show's format was changed from 30 minutes to 60 minutes. The show was cut back to 30 minutes in 1995, and back to 60 minutes in 1996. From 1995 to 1996, a short-lived syndicated spinoff titled America's Most Wanted: Final Justice aired.

Please conduct a search of the Central Records System, including but not limited to the ELSUR Records System, the Microphone Surveillance (MISUR) Indices, the Physical Surveillance (FISUR) Indices, and the Technical Surveillance (TESUR) Indices, for both main-file records and cross-reference records for all relevant names, individuals, agencies and companies. If any potentially responsive records have been destroyed and/or transferred to NARA, then I request copies of the destruction or transfer slips as well as any other documentation relating to, mentioning or describing said transfer or destruction, to include but not be limited to confirmation that the Bureau has no other copies of said records (as the Bureau has posted copies of records that it previously said were transferred to NARA such as the Tokyo Rose file).

I am a member of the news media and request classification as such. I am freelance writer who has previously written about the government and its activities for MuckRock, Motherboard, Unicorn Riot, AND Magazine and Glomar Disclosure. My articles have been widely read, with some reaching over 100,000 readers. My work has been further discussed in outlets including the New York Times, the Washington Post, and BBC. 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. As such, my primary purpose is to inform about government activities by reporting on it and making the raw data available and I therefore request that fees be waived. Per DOJ FOIA guidance, "a requester should be granted a fee waiver if the requested information (1) sheds light on the activities and operations of the government; (2) is likely to contribute significantly to public understanding of those operations and activities; and (3) is not primarily in the commercial interest of the requester." As this FOIA meets all of those requirements (see above regarding the subject and how I will apply the information), a fee waiver is warranted.

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

Files

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