BOP files on Timothy James McVeigh

Jason Smathers filed this request with the Bureau of Prisons of the United States of America.
Tracking # 2010-12135
Status
Completed

Communications

From: Jason Smathers

September 10, 2010

Wanda M. Hunt:

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

All records on, about, or concerning Timothy James McVeigh including but not limited to a copy of his inmate central file and medical files. Privacy act does not apply as McVeigh is deceased which is well known and the result of an execution in a BOP facility on June 11, 2001.

I was not able to obtain this information from the bop.gov website.

I also request that, if appropriate, fees be waived as I believe this request is in the public interest. The requested documents will be made available to the general public free of charge as part of the public information service at MuckRock.com, processed by a representative of the news media/press and is made in the process of news gathering and not for commercial usage.

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 10 business days, as the statute requires.

Sincerely,

Jason Smathers

From: Federal Bureau of Prisons

See attached document cloud response from Federal Bureau of Prisons.

From: Federal Bureau of Prisons

From: Federal Bureau of Prisons

From: Federal Bureau of Prisons

From: Jason Smathers

Dear Ms. Hunt:

This is in response to a letter from Ms. Wanda Hunt dated Nov. 1, 2010 in regards to a FOIA request for Timothy McVeigh’s records.

The FOIA as amended in 2007 now reads:
(viii) An agency shall not assess search fees (or in the case of a requester described under clause (ii)(II), duplication fees) under this subparagraph if the agency fails to comply with any time limit under paragraph (6),
My request was submitted on September 10, 2010 and your request for fees was dated November 1, 2010.

This fails to meet the 20 business day time limit and the BOP did not request an additional 10 days as allowed by the FOIA in some cases.

You have acknowledged this requester is described under clause (ii)(II) as a member of the news media. Therefore, duplication fees cannot be charged.

I prefer electronic copies, although the FOIA does not require you to make an electronic copy. I will take paper if you insist, but would rather you waive the scanning fee and send a scan of the documents. If you refuse to waive the scanning fee, the FOIA requires you to waive the hard copy duplication fee and I hereby request the records be provided in that format.

-Jason Smathers

From: Jason Smathers

Wanda M. Hunt:

On November 9, 2010 I wrote you a letter in response to a letter from you dated Nov. 1, 2010 in regards to a FOIA request for Timothy McVeigh’s records. In this letter I explained that FOIA does not permit copy fees for this request.

I am writing today to ask for the current status of this request and confirm your receipt of my Nov 1, 2010 letter. Please update me as soon as possible.

Sincerely,

Jason Smathers

From: MuckRock.com

After inquiring with the BoP's FOIA Reuqest Center, called 913 621 3939 ext. 1174 and left a message with Ms. Tufte, paralegal working on request.

From: Jason Smathers

Attorney General

Office of Information Policy

US Department of Justice

1425 New York Ave., NW

Suite 11050

Washington, DC 20530-0001

This is in response to a letter from Ms. Wanda Hunt dated Nov. 1, 2010 in regards to a FOIA request for Timothy McVeigh’s records. Ms. Wanda requested a commitment to pay fees. I appeal.

The FOIA as amended in 2007 now reads:
(viii) An agency shall not assess search fees (or in the case of a requester described under clause (ii)(II), duplication fees) under this subparagraph if the agency fails to comply with any time limit under paragraph (6),
My request was submitted on September 10, 2010 and your request for fees was dated November 1, 2010.

This fails to meet the 20 business day time limit and the BOP did not request an additional 10 days as allowed by the FOIA in some cases.

Ms. Wanda Hunt acknowledged this requester is described under clause (ii)(II) as a member of the news media. Therefore, duplication fees cannot be charged.

I prefer electronic copies, although the FOIA does not require you to make an electronic copy. I will take paper if you insist, but would rather you waive the scanning fee and send a scan of the documents. If you refuse to waive the scanning fee, the FOIA requires you to waive the hard copy duplication fee and I hereby request the records be provided in that format.

Signed,

/Jason Smathers/

Jason Smathers

From: Office of Information Policy

From: Bureau of Prisons

From: Department of Justice

From: Office of Information Policy

From: Office of Information Policy

From: Jason Smathers

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Sept. 10, 2010. Please let me know when I can expect to receive a response, or if further clarification is needed.

Thank you for your help.

From: Jason Smathers

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Sept. 10, 2010. Please let me know when I can expect to receive a response, or if further clarification is needed.

Thank you for your help.

From: "OGC Electronic Freedom of Information" <ogc_efoia@bop.gov>

Your request for information has been received. Please read this automatic reply carefully as this may be the only response you receive from this office.

If your request involves:

Inmate Records:

Inmate register numbers, age, race, sex, projected release date and location, or date released can be found on the BOP website via the Inmate Locator at:

http://www.bop.gov/iloc2/LocateInmate.jsp

The website contains information on the current prison population and on inmates released from 1982 - present. If your request is for information available on the website, this is the only response you will receive. If you are unable to access the information via the website you may resubmit your request, however, please specify that you were unable to obtain the information from the website. In order that we may continue to provide needed information in a quick and efficient manner, please also indicate why you could not obtain the information from the site.

Additionally, the database we use in our office to search for inmate information is the same database used on our website. If your search results in "NO RECORD FOUND," there is no further search our office can conduct that will provide a different response.

If you are requesting information that is not available via the Inmate Locator, (Inmate register numbers, age, race, sex, projected release date and location, or date released) please be advised that an original release Authorization from that person that is either notarized or contains a penalty of perjury statement is required. For your convenience, you may use form DOJ-361, which can be found on the BOP website for a release authorization. This request must be submitted in writing to:

FOIA/PA Office
320 First Street, N.W.
Washington, D.C. 20534

This is the only response you will receive to such requests until a written request is submitted.

Requests for records maintained on non-inmate persons:

Requests for information on an individual cannot be processed without a current, original release Authorization from that person that is either notarized or contains a penalty of perjury statement. For your convenience, you may use form DOJ-361, which can be found on the BOP website for a release authorization. This request must be submitted in writing to:

FOIA/PA Office
320 First Street, N.W.
Washington, D.C. 20534

This is the only response you will receive to such requests.

Requests for information not related to an individual:

All other requests will be processed and a response forwarded as soon as possible.

BOP's FOIA Service Center:

You may check the status of a request by contacting the BOP's FOIA Service Center (FSC) at 202.616.7750. Please note that this service is available only to requesters seeking information concerning the status of a submitted FOIA request.

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 Sept. 10, 2010. Please let me know when I can expect to receive a response, or if further clarification is needed.

Thank you for your help.

From: "OGC Electronic Freedom of Information" <ogc_efoia@bop.gov>

Your request for information has been received. Please read this automatic reply carefully as this may be the only response you receive from this office.

If your request involves:

Inmate Records:

Inmate register numbers, age, race, sex, projected release date and location, or date released can be found on the BOP website via the Inmate Locator at:

http://www.bop.gov/iloc2/LocateInmate.jsp

The website contains information on the current prison population and on inmates released from 1982 - present. If your request is for information available on the website, this is the only response you will receive. If you are unable to access the information via the website you may resubmit your request, however, please specify that you were unable to obtain the information from the website. In order that we may continue to provide needed information in a quick and efficient manner, please also indicate why you could not obtain the information from the site.

Additionally, the database we use in our office to search for inmate information is the same database used on our website. If your search results in "NO RECORD FOUND," there is no further search our office can conduct that will provide a different response.

If you are requesting information that is not available via the Inmate Locator, (Inmate register numbers, age, race, sex, projected release date and location, or date released) please be advised that an original release Authorization from that person that is either notarized or contains a penalty of perjury statement is required. For your convenience, you may use form DOJ-361, which can be found on the BOP website for a release authorization. This request must be submitted in writing to:

FOIA/PA Office
320 First Street, N.W.
Washington, D.C. 20534

This is the only response you will receive to such requests until a written request is submitted.

Requests for records maintained on non-inmate persons:

Requests for information on an individual cannot be processed without a current, original release Authorization from that person that is either notarized or contains a penalty of perjury statement. For your convenience, you may use form DOJ-361, which can be found on the BOP website for a release authorization. This request must be submitted in writing to:

FOIA/PA Office
320 First Street, N.W.
Washington, D.C. 20534

This is the only response you will receive to such requests.

Requests for information not related to an individual:

All other requests will be processed and a response forwarded as soon as possible.

BOP's FOIA Service Center:

You may check the status of a request by contacting the BOP's FOIA Service Center (FSC) at 202.616.7750. Please note that this service is available only to requesters seeking information concerning the status of a submitted FOIA request.

From: Jason Smathers

Hi,

I would like to follow up on the status of this request, which is now over a year and four months overdue. Thanks for your help.

From: "OGC Electronic Freedom of Information" <ogc_efoia@bop.gov>

Your request for information has been received. Please read this automatic reply carefully as this may be the only response you receive from this office.

If your request involves:

Inmate Records:

Inmate register numbers, age, race, sex, projected release date and location, or date released can be found on the BOP website via the Inmate Locator at:

http://www.bop.gov/iloc2/LocateInmate.jsp

The website contains information on the current prison population and on inmates released from 1982 - present. If your request is for information available on the website, this is the only response you will receive. If you are unable to access the information via the website you may resubmit your request, however, please specify that you were unable to obtain the information from the website. In order that we may continue to provide needed information in a quick and efficient manner, please also indicate why you could not obtain the information from the site.

Additionally, the database we use in our office to search for inmate information is the same database used on our website. If your search results in "NO RECORD FOUND," there is no further search our office can conduct that will provide a different response.

If you are requesting information that is not available via the Inmate Locator, (Inmate register numbers, age, race, sex, projected release date and location, or date released) please be advised that an original release Authorization from that person that is either notarized or contains a penalty of perjury statement is required. For your convenience, you may use form DOJ-361, which can be found on the BOP website for a release authorization. This request must be submitted in writing to:

FOIA/PA Office
320 First Street, N.W.
Washington, D.C. 20534

This is the only response you will receive to such requests until a written request is submitted.

Requests for records maintained on non-inmate persons:

Requests for information on an individual cannot be processed without a current, original release Authorization from that person that is either notarized or contains a penalty of perjury statement. For your convenience, you may use form DOJ-361, which can be found on the BOP website for a release authorization. This request must be submitted in writing to:

FOIA/PA Office
320 First Street, N.W.
Washington, D.C. 20534

This is the only response you will receive to such requests.

Requests for information not related to an individual:

All other requests will be processed and a response forwarded as soon as possible.

BOP's FOIA Service Center:

You may check the status of a request by contacting the BOP's FOIA Service Center (FSC) at 202.616.7750. Please note that this service is available only to requesters seeking information concerning the status of a submitted FOIA request.

From: Office of Information Policy

From: Office of Information Policy

From: Jason Smathers

I appeal.

I requested "All records on, about, or concerning Timothy James McVeigh including but not limited to a copy of his inmate central file and medical files. Privacy act does not apply as McVeigh is deceased which is well known and the result of an execution in a BOP facility on June 11, 2001."

Clearly, video recordings of McVeigh would be " on, about, or concerning Timothy James McVeigh."

According to records released, McVeigh was held in a cell that contained a video camera. Please provide all recordings of McVeigh held by the BOP and all other pictures, video, or other records not already released.

Regards,
Jason Smathers

From: "OGC Electronic Freedom of Information" <ogc_efoia@bop.gov>

Your request for information has been received. Please read this automatic reply carefully as this may be the only response you receive from this office.

If your request involves:

Inmate Records:

Inmate register numbers, age, race, sex, projected release date and location, or date released can be found on the BOP website via the Inmate Locator at:

http://www.bop.gov/iloc2/LocateInmate.jsp

The website contains information on the current prison population and on inmates released from 1982 - present. If your request is for information available on the website, this is the only response you will receive. If you are unable to access the information via the website you may resubmit your request, however, please specify that you were unable to obtain the information from the website. In order that we may continue to provide needed information in a quick and efficient manner, please also indicate why you could not obtain the information from the site.

Additionally, the database we use in our office to search for inmate information is the same database used on our website. If your search results in "NO RECORD FOUND," there is no further search our office can conduct that will provide a different response.

If you are requesting information that is not available via the Inmate Locator, (Inmate register numbers, age, race, sex, projected release date and location, or date released) please be advised that an original release Authorization from that person that is either notarized or contains a penalty of perjury statement is required. For your convenience, you may use form DOJ-361, which can be found on the BOP website for a release authorization. This request must be submitted in writing to:

FOIA/PA Office
320 First Street, N.W.
Washington, D.C. 20534

This is the only response you will receive to such requests until a written request is submitted.

Requests for records maintained on non-inmate persons:

Requests for information on an individual cannot be processed without a current, original release Authorization from that person that is either notarized or contains a penalty of perjury statement. For your convenience, you may use form DOJ-361, which can be found on the BOP website for a release authorization. This request must be submitted in writing to:

FOIA/PA Office
320 First Street, N.W.
Washington, D.C. 20534

This is the only response you will receive to such requests.

Requests for information not related to an individual:

All other requests will be processed and a response forwarded as soon as possible.

BOP's FOIA Service Center:

You may check the status of a request by contacting the BOP's FOIA Service Center (FSC) at 202.616.7750. Please note that this service is available only to requesters seeking information concerning the status of a submitted FOIA request.

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 Sept. 10, 2010. Please let me know when I can expect to receive a response, or if further clarification is needed. You had assigned it reference number #2010-12135.

Thank you for your help.

From: 82-39065286@requests.muckrock.com

May 16, 2012
Bureau of Prisons
FOIA/PA Section
Federal Bureau of Prisons
320 First Street, N.W.
Room 841, HOLC Building
Washington, DC 20534

This is a follow up to request number 2010-12135:

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Sept. 10, 2010. Please let me know when I can expect to receive a response, or if further clarification is needed. You had assigned it reference number #2010-12135.

Thank you for your help.

From: "OGC Electronic Freedom of Information" <ogc_efoia@bop.gov>

Your request for information has been received. Please read this
automatic reply carefully as this may be the only response you receive
from this office.

If your request involves:

Inmate Records:

Inmate register numbers, age, race, sex, projected release date and
location, or date released can be found on the BOP website via the
Inmate Locator at:

http://www.bop.gov/iloc2/LocateInmate.jsp

The website contains information on the current prison population and on
inmates released from 1982 - present. If your request is for information
available on the website, this is the only response you will receive.
If you are unable to access the information via the website you may
resubmit your request, however, please specify that you were unable to
obtain the information from the website. In order that we may continue
to provide needed information in a quick and efficient manner, please
also indicate why you could not obtain the information from the site.

Additionally, the database we use in our office to search for inmate
information is the same database used on our website. If your search
results in "NO RECORD FOUND," there is no further search our office can
conduct that will provide a different response.

If you are requesting information that is not available via the Inmate
Locator, (Inmate register numbers, age, race, sex, projected release
date and location, or date released) please be advised that an original
release Authorization from that person that is either notarized or
contains a penalty of perjury statement is required. For your
convenience, you may use form DOJ-361, which can be found on the BOP
website for a release authorization. This request must be submitted in
writing to:

FOIA/PA Office
320 First Street, N.W.
Washington, D.C. 20534

This is the only response you will receive to such requests until a
written request is submitted.

Requests for records maintained on non-inmate persons:

Requests for information on an individual cannot be processed without a
current, original release Authorization from that person that is either
notarized or contains a penalty of perjury statement. For your
convenience, you may use form DOJ-361, which can be found on the BOP
website for a release authorization. This request must be submitted in
writing to:

FOIA/PA Office
320 First Street, N.W.
Washington, D.C. 20534

This is the only response you will receive to such requests.

Requests for information not related to an individual:

All other requests will be processed and a response forwarded as soon as
possible.

BOP's FOIA Service Center:

You may check the status of a request by contacting the BOP's FOIA
Service Center (FSC) at 202.616.7750. Please note that this service is
available only to requesters seeking information concerning the status
of a submitted FOIA request.

From: Jason Smathers

Please confirm my appeal has been received and is being considered.

Thank you.

From: "OGC Electronic Freedom of Information" <ogc_efoia@bop.gov>

Your request for information has been received. Please read this
automatic reply carefully as this may be the only response you receive
from this office.

If your request involves:

Inmate Records:

Inmate register numbers, age, race, sex, projected release date and
location, or date released can be found on the BOP website via the
Inmate Locator at:

http://www.bop.gov/iloc2/LocateInmate.jsp

The website contains information on the current prison population and on
inmates released from 1982 - present. If your request is for information
available on the website, this is the only response you will receive.
If you are unable to access the information via the website you may
resubmit your request, however, please specify that you were unable to
obtain the information from the website. In order that we may continue
to provide needed information in a quick and efficient manner, please
also indicate why you could not obtain the information from the site.

Additionally, the database we use in our office to search for inmate
information is the same database used on our website. If your search
results in "NO RECORD FOUND," there is no further search our office can
conduct that will provide a different response.

If you are requesting information that is not available via the Inmate
Locator, (Inmate register numbers, age, race, sex, projected release
date and location, or date released) please be advised that an original
release Authorization from that person that is either notarized or
contains a penalty of perjury statement is required. For your
convenience, you may use form DOJ-361, which can be found on the BOP
website for a release authorization. This request must be submitted in
writing to:

FOIA/PA Office
320 First Street, N.W.
Washington, D.C. 20534

This is the only response you will receive to such requests until a
written request is submitted.

Requests for records maintained on non-inmate persons:

Requests for information on an individual cannot be processed without a
current, original release Authorization from that person that is either
notarized or contains a penalty of perjury statement. For your
convenience, you may use form DOJ-361, which can be found on the BOP
website for a release authorization. This request must be submitted in
writing to:

FOIA/PA Office
320 First Street, N.W.
Washington, D.C. 20534

This is the only response you will receive to such requests.

Requests for information not related to an individual:

All other requests will be processed and a response forwarded as soon as
possible.

BOP's FOIA Service Center:

You may check the status of a request by contacting the BOP's FOIA
Service Center (FSC) at 202.616.7750. Please note that this service is
available only to requesters seeking information concerning the status
of a submitted FOIA request.

From: Office of Information Policy

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