Anarchist Cookbooks

William Fernandes filed this request with the Department of Justice, Executive Office for United States Attorneys of the United States of America.
Tracking #

EOUSA-2022-002317

Status
Rejected

Communications

From: William Fernandes

To Whom It May Concern:

Pursuant to the Freedom of Information Act, I hereby request the following records:

on behalf of Muckrock.com
We seek the following records to be released.

Any and all records received, transmitted to or from the USAO Washington DC from the United States Capitol Police collected on the subject of Anarchism, Anarchist Extremism and/or Anarchist Extremists from 2015 to the present. This includes and is not limited to communication preserved in any form, including: correspondence, documents, data, e-mails (including all attachments), social media posts, intelligence reports, text messages, web searches (including search histories), audio/visual tapes, faxes, files, guidance, analyses, notes, procedures, rules, manuals, and technical information, that is in the custody of the United States Attorney’s offices for Washington D.C.

I/WE 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. 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.

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.

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,

Muckrock.com

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,

William Fernandes

From: Department of Justice, Executive Office for United States Attorneys

Dear William Fernandes,

Case Number EOUSA-2022-002317 has been assigned to the request you submitted. In all future correspondence regarding this request please reference case number EOUSA-2022-002317.
Regards,
Executive Office for U.S. Attorneys

From: Department of Justice, Executive Office for United States Attorneys

Please see attached final action letter. Thank you.

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