Belfast Project Documents (DOJ-OIA)

Dustin Slaughter filed this request with the Department of Justice, Criminal Division of the United States of America.
Tracking #

AP-2015-00409 ; CRM-300452623

Status
Rejected

Communications

From: Dustin Slaughter

To Whom It May Concern:

This is a request for expedited processing and fee waiver status under the Freedom of Information Act. I hereby request the following records:

Any and all documents possessed by the Department of Justice's Office of International Affairs pertaining to the Belfast Project.

All processing notes produced as a result of this request should also be included.

The Belfast Project, started in 2001 and concluded in 2006, is a collection of oral histories currently kept at Boston College, and created by journalists Ed Maloney and Dr. Anthony McIntyre, for the purpose of documenting and preserving an historical account of the period in Northern Ireland known as "The Troubles". This request seeks all responsive documents starting from 2011, when the Department of Justice, through the US/UK Mutual Legal Assistance Treaty (US/UK MLAT) on behalf of the Police Service of Northern Ireland (PSNI), subpoenaed Boston College for interviews conducted as part of this oral history project.

This request includes but is not limited to: any and all emails, memorandums, briefs and reports, and audio/visual presentations, as exchanged with the UK Home Office and/or Police Service of Northern Ireland under the US/UK Mutual Legal Assistance Treaty.

This request does not exclude any other records which, though not specifically requested, would have a reasonable relationship to the subject matter of this request. I also expect to be provided with all segregable portions of otherwise exempt material.

The time frame for this request includes all responsive documents from 1 January 2011 up to and including the date this request is officially processed.

My request for expedited processing should be granted without delay, as the Belfast Project is a matter of continuing press coverage, and has generated much interest from the general public as well as academic circles. Indeed, a simple Google search for "Belfast Project" yields over 31,000 results which include major international and national media outlets ranging from The Guardian, The Irish Times, The New York Times, The Boston Globe, in addition to a multitude of academic journals, and more.

I also believe my request for a fee waiver should be granted, because this request is in the public interest. As a member of the news media, I will use information gleaned from responsive records released to MuckRock.com to produce work that will be made available to the general public free of charge and not for commercial usage.

Please reference these clippings as evidence of my news media status:

https://dustinslaughter.contently.com/

Additionally, your office should grant my fee waiver request because of MuckRock News' mission statement as evidenced on its 'About' page (https://www.muckrock.com/about/):

MuckRock News has been recognized by "the Sunlight Foundation, The Freedom of the Press Foundation, and hundreds of local and national news outlets for its groundbreaking work in areas such as government spending, surveillance, and public safety.

In addition, MuckRock works with journalists to help conceive, pursue, and publish original stories on issues that matter with exclusive primary materials obtained via public records law."

In the event that fees cannot be waived, 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,

Dustin Slaughter

From: CRM FOIA

Please see the attached, which is this Office's response to your request. If you have any

questions, please contact the FOIA/PA Unit on 202-616-0307 for further assistance.

Thank You,

Criminal Division FOIA/PA Unit

From: Department of Justice, Criminal Division

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

From: Dustin Slaughter

MAILED TO:

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

To Whom It May Concern:

Please consider this an appeal to your agency's (b)(7)(A) denial for case #CRM-300452623 and related administrative file (processing notes), which I also requested.

In determining records that may be withheld which fall under the “compiled for law enforcement purposes” category, per (b)(7), D.C. Circuit Court established a two-part "rational nexus test" Pratt v. Webster, 673 F.2d 408, 419-21 (D.C. Cir. 1982).

Your agency's response and denial of my request clearly does not meet the burden established in Pratt v. Webster, 673 F.2d 408, 419-21, as I will demonstrate in this appeal.

First, in its response, your agency failed to identify both “a particular individual or a particular incident as the object of its investigation and the connection between that individual or incident and a possible security risk or violation of federal law.” Pratt, 673 F.2d at 420

Secondly, your agency did not establish a substantive connection between any real or alleged investigation and your agency's law enforcement responsibilities by demonstrating “information sufficient to support at least ‘a colorable claim’ of its rationality", as the second part of the D.C. Circuit test requires, nor did your agency state even a “pretextual or wholly unbelievable” basis. Pratt, 673 F.2d at 420

Furthermore, in order for an agency to properly claim 7(A) exemption, it must provide more information about 1) any real or alleged investigation sought records would pertain to, and 2) how or why the release of these records would negatively impact any real or alleged investigation.

Your agency did not “describe with any reasonable degree of particularity the subject matter of" any real or alleged investigation or "proceeding", nor did you indicate, even in passing, any of "the parties involved, when such proceedings might occur, or how the information withheld here might be used by these hypothetical parties to interfere with these hypothetical proceedings.” Citizens for Responsibility & Ethics in Wash. v. U.S. Dep’t of Justice, 658 F.Supp.2d 217, 225, 228-29 (D.D.C. 2009)

Furthermore, your agency has a duty to release and segregate any and all non-exempt information. 5 U.S.C. § 552 (b); See also Neufeld v. Internal Revenue Serv., 646 F.2d 661, 662-663 (D.C. Cir. 1981). This duty to segregate also ensures that an agency does not make “sweeping, generalized claims of exemption for documents." Mead Data Cent., Inc., v. U.S. Dep’t of Air Force, 566 F.2d 242, 260 (D.C. Cir. 1977)

Thank you in advance for your time and attention to this matter. I expect a final determination within the required statutory time frame.

Sincerely,
Dustin M. Slaughter

From: MuckRock

To Whom It May Concern:

The attached Freedom of Information Act appeal was submitted via mail on October 10, 2014. Acknowledgment of receipt has not yet been provided. Please advise as to the status of both this appeal's delivery and its processing.

Thank you very much for your help.

From: OIP-NoReply

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

From: Dustin Slaughter

To Whom It May Concern,

I'm following up with your office to check on the status of this appeal. The last notification I received was on 10.31.14. Please advise as to the status of both this appeal's delivery and its processing.

Thank you for your help.

From: Dustin Slaughter

Dear Miss Jones,

Please provide, as required by statute, an estimated date of determination regarding case #AP-2015-00409 submitted on 10 October 2014. Any update on this matter would be greatly appreciated.

Thank you for your continued attention and cooperation.

Sincerely,
Dustin Slaughter

From: Dustin Slaughter

Dear Miss Jones,

Please provide, as required by statute, an estimated date of determination regarding case #AP-2015-00409 submitted on 10 October 2014. Any update on this matter would be greatly appreciated.

Thank you for your continued attention and cooperation.

Sincerely,
Dustin Slaughter

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 June 18, 2014. Please let me know when I can expect to receive a response, or if further clarification is needed. You had assigned it reference number #AP-2015-00409 ; CRM-300452623.

Thank you for your help.

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 June 18, 2014. Please let me know when I can expect to receive a response, or if further clarification is needed. You had assigned it reference number #AP-2015-00409 ; CRM-300452623.

Thank you for your help.

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 June 18, 2014. Please let me know when I can expect to receive a response, or if further clarification is needed. You had assigned it reference number #AP-2015-00409 ; CRM-300452623.

Thank you for your help.

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 June 18, 2014. Please let me know when I can expect to receive a response, or if further clarification is needed. You had assigned it reference number #AP-2015-00409 ; CRM-300452623.

Thank you for your help.

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 June 18, 2014. Please let me know when I can expect to receive a response, or if further clarification is needed. You had assigned it reference number #AP-2015-00409 ; CRM-300452623.

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

From: Department of Justice, Criminal Division

Dear Mr. Slaughter:

This is in response to your fax sent to the Criminal Division on March 5, 2018, which was forwarded to our office for response. I am attaching a copy of the appeal response that was sent to your email address on 1/27/2015.

Sincerely,
PJ/OIP

Please do not reply to this e-mail, as this account is not monitored. Thank you.

  • Slaughter, Dustin 15-00409 (11-26-14) affirm.7a.pending.investigation

From: Department of Justice, Criminal Division

Dear Mr. Slaughter,
Please see the attached, which is this Office's status update of your request. If you have any questions, please contact the FOIA/PA Unit at 202-616-0307 for further assistance.
Thank you,
FOIA/PA Unit
Criminal Division
U.S. Department of Justice

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: 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: Department of Justice, Criminal Division

Dear Mr. Slaughter:

This responds to your status inquiry dated June 15, 2018 concerning your Freedom of Information Act request received on June 18, 2014 for records concerning the Belfast Project.

As you were advised in response to your March status inquiry, this Office sent you a final response by email dated August 21, 2014. Accordingly, your request was closed on August 21, 2014. For your convenience, a copy of the response letter is enclosed.

Additionally, it appears you are seeking an update regarding your administrative appeal. Administrative appeals are not handled by this Office. Please contact the Office of Information Policy by telephone at (202) 514-3642 to receive an update regarding your administrative appeal.

If you would like to submit a new request to this Office, please direct your correspondence to the Chief, FOIA/PA Unit, Criminal Division, U.S. Department of Justice, Keeney Building, Suite 1127, NW, Washington, DC 20530 or via email at crm.foia@usdoj.gov<mailto:crm.foia@usdoj.gov>.

Thank you,

FOIA/PA Unit
Criminal Division
U.S. Department of Justice

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