Athan Theoharis (FBI File)

RECORDS REQUESTED

I request the following records under the Freedom of Information Act: all records related to Athanasios George Theoharis, also known as Athan Theoharis.

BIOGRAPHIC DETAILS AND PROOF OF DEATH

Dr. Theoharis was born on 3 August 1936 in Milwaukee, Wisconsin. He died 3 July 2021. Dr. Theoharis's news obituary from the Washington Post is attached.

ABOUT DR. THEOHARIS

Athan Theoharis was an open-government activist who exposed FBI misconduct through his tenacious use of Freedom of Information Act requests, helping to reveal how the Bureau investigated political opponents, intimidated critics, and illegally eavesdropped on actors, civil rights activists and alleged radicals. Dr. Theoharis, a professor emeritus of history at Marquette University in Milwaukee, was widely considered the dean of FBI scholars — a master researcher admired by journalists, activists and fellow historians. His research led to the discovery of the “secret files” of Director J. Edgar Hoover and his top deputies, who kept sensitive files in their own offices, outside of the bureau’s “official” filing system.

Dr. Theoharis obtained tens of thousands of documents related to illegal wiretaps, mail openings and break-ins. Some showed that the FBI had gathered embarrassing material about top officials, including President Dwight D. Eisenhower, and broke into the office of left-wing organizations such as the American Youth Congress, where it photocopied correspondence with first lady Eleanor Roosevelt.

Other files revealed an investigation into communist infiltration in Hollywood, where Ronald Reagan — then president of the Screen Actors Guild — was recruited as an FBI informer in the 1940s and instructed to report on actors who followed “the Communist party line.” Dr. Theoharis also exposed a secret, quarter-century partnership between the FBI and the American Legion, in which tens of thousands of Legionnaires were enlisted to report on other citizens.

In 1971, Dr. Theoharis published “Thirty Years of Wire Tapping,” an article in the Nation that attracted the attention of the Church Committee, a U.S. Senate committee formed in 1975 to investigate abuses by the FBI and other U.S. national security agencies. Dr. Theoharis was soon hired as a consultant for the committee and received a limited security clearance for his work.

Dr. Theoharis chronicled J. Edgar Hoover’s directorship of the FBI in books including “The Boss” (1988), with co-author John Stuart Cox, and “From the Secret Files of J. Edgar Hoover” (1991).

After the 9/11 terrorist attacks, he tried to sound the alarm on secrecy and surveillance, arguing against the expansion of the FBI’s domestic spying programs in books such as “Abuse of Power” (2011). He later joined former staffers and members of the Church Committee in calling for the creation of a new committee to investigate U.S. intelligence practices.

REQUEST FOR FEE WAIVER

I respectfully request that all fees related to this request be waived.

Public Interest Factors:

1. The subject of the request must concern identifiable operations or activities of the Federal Government. My request satisfies this factor because it seeks a person's FBI file.

2. The records must be likely to contribute to the understanding of the subject of the request. My request satisfies this factor because it seeks information that, to my knowledge, is not already in the public domain. Of course, without already knowing what records the Bureau has, I can't say for sure whether those records are already in the public domain or what the public would learn from them; however, because Dr. Theoharis has recently died, the Bureau may now be able to release records that were not previously available via the FOIA/PA.

3. The disclosure must contribute to the understanding of the public—meaning a reasonably broad audience of persons interested in the subject—as opposed to the individual understanding of the requester. My request satisfies this factor because Dr. Theoharis was a public figure. As noted in his obituary in the Washington Post, Dr. Theoharis "was widely considered the dean of FBI scholars — a master researcher admired by journalists, activists and fellow historians." Thus, a similarly broad audience of persons will likely be interested in the records I seek. I will also make any records available online for free via muckrock.com, a FOIA-and-journalism site that lets people share the results of their FOIA requests and encourages journalism around them.

4. The public's understanding must be enhanced by the disclosure to a significant extent. My request likely satisfies this factor because Dr. Theoharis has recently died—meaning that the Bureau can now release responsive records that it could not have released until now. Again, I cannot be 100% sure if factor is satisfied without already knowing what records the Bureau has. However,

Commercial Interest Factors

1. The existence and magnitude of a commercial interest: I have no commercial interest whatsoever in these records; I am just a curious American citizen with an interest in his government's foreign policy. Thus, this factor cuts in favor of a fee waiver.

2. The primary interest in disclosure, i.e., whether disclosure is primarily in the commercial interest of the requester: I have zero commercial interest in disclosure, therefore the public interest outweighs my (nonexistent) private interest.

Conclusion: on balance, all of the Bureau's regulatory factors tilt decisively in favor of granting me a fee waiver. If you do decide to charge me fees, please notify me in advance if you anticipate that those fees will exceed $25.

FORM OF PRODUCTION

I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not. If appropriate, the Bureau should also consider adding Dr. Theoharis's FBI file to "The Vault," the Bureau's online library.

Thank you for your consideration of this request. I look forward to receiving your response within 20 business days.

Sincerely,

Nicholas Marritz

RE: Athanasios George Theoharis:

Dear FBI: I wish to add the following language to my FOIA request submitted yesterday, seeking all records related to Athanasios George Theoharis:

SCOPE OF SEARCH:

1. Please conduct a search of the Central Records System, including but not limited to the Electronic Surveillance (ELSUR) Indices, 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 at FBI Headquarters. Please also conduct a search for records at the Alexandria Records Center.

2. 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 the transfer or destruction, including (without limitation) confirmation that the Bureau has no other copies of the records.