CBP records, Brent Scowcroft (1925-2020)

T. McElwee filed this request with the United States Customs and Border Protection of the United States of America .
Tracking #

CBP-2020-071589

Est. Completion None
Status
Awaiting Appeal

Communications

From: T. McElwee

To Whom It May Concern:

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

Records of travel and travel documents for Brent Scowcroft, a deceased person. This includes documentation of border crossings and records of secondary screening, as well as any records associated with enrollment in a Trusted Traveler Program (e.g., Global Entry).

To identify said records, the following is known about Brent Scowcroft:
Date of Birth: March 19, 1925
Date of Death: August 6, 2020
Place of Birth: Ogden, Utah, USA

Attached, please find a news story of Scowcroft's death. As a deceased person, privacy interests recognized under exemptions to FOIA and the Privacy Act are diminished, and records are releasable.

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,

T. McElwee

  • Brent20Scowcroft2C20prominent20elder20statesman2C20has20died20-20ABC20News.pdf

From: United States Customs and Border Protection

This message is to confirm your request submission to the FOIAonline application: View Request. Request information is as follows: (https://www.foiaonline.gov/foiaonline/action/public/submissionDetails?trackingNumber=CBP-2020-071589&type=request)

* Tracking Number: CBP-2020-071589
* Requester Name: T. McElwee
* Date Submitted: 08/09/2020
* Request Status: Submitted
* Description:
To Whom It May Concern:

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

Records of travel and travel documents for Brent Scowcroft, a deceased person. This includes documentation of border crossings and records of secondary screening, as well as any records associated with enrollment in a Trusted Traveler Program (e.g., Global Entry).

To identify said records, the following is known about Brent Scowcroft:
Date of Birth: March 19, 1925
Date of Death: August 6, 2020
Place of Birth: Ogden, Utah, USA

Attached, please find a news story of Scowcroft's death. As a deceased person, privacy interests recognized under exemptions to FOIA and the Privacy Act are diminished, and records are releasable.

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,

T. McElwee

Attachments:

https://cdn.muckrock.com/outbound_composer_attachments/LXHXZZTVENTLKU/87408/Brent20Scowcroft2C20prominent20elder20statesman2C20has20died20-20ABC20News.pdf
Upload documents directly: https://https://www.muckrock.comhttps://www.muckrock.com/

From: United States Customs and Border Protection

T. McElwee
N/A
MuckRock News DEPT MR 100062
411A Highland Ave
Somerville, MA, 02144
08/13/2020
CBP-2020-071589
Dear T. McElwee,
Pursuant to 6 C.F.R. Part 5 § 5.3(b) of the DHS FOIA regulations, you must describe the records you are seeking with as much information as possible to ensure that our search of appropriate systems of records can find them with a reasonable amount of effort. Your FOIA request for Brent Scowcroft has been closed as insufficient for one or more of the following reasons:
·      Your FOIA request is a third party request and did not include authorization that information on this individual, or business, can be released to you.  All third party FOIA requests must include a signed G-28 or G-639 form, or a signed statement from the individual verifying that his/her information may be released to you. Or, if requesting records pertaining to a business or company, a signed statement on company letterhead.
·       Did not include a date of birth.
·       Did not include a full name (and aliases as appropriate) of the individual in which you are seeking records ·       Did not include a death certificate (or other proof that the subject is deceased)
·       Did not include a clear and detailed description of the records being requested. Please be advised that the FOIA does not require federal agencies to answer inquiries or create records in response to a FOIA request, but rather is limited to requiring agencies to provide access to reasonably described, nonexempt records.   As you have failed to reasonably describe the records you are seeking, your request is not a perfected request, and we are unable to initiate a search for responsive records.
Please resubmit your FOIA request, along with the required information, by logging into your existing FOIAonline account or go to https://foiaonline.gov to create an account. (https://foiaonline.gov)
Sincerely,
U.S. Customs and Border Protection

From: United States Customs and Border Protection

CBP-2020-071589 has been processed with the following final disposition: Improper FOIA Request for Other Reasons.

From: T. McElwee

I appeal the rejection of my request on the grounds that the individual who reviewed it obviously missed the fact that the subject is dead and widely reported dead. Per past practice, the privacy interests under the Privacy Act and exemptions to FOIA are diminished.

The obituary, which was already sent in the original request, is attached.

I pray that CBP grant the FOIA request forthwith.

  • Brent20Scowcroft2C20prominent20elder20statesman2C20has20died20-20ABC20News.pdf

  • Insufficient request notice 2020-08-13 094140 Letter

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  • Brent20Scowcroft2C20prominent20elder20statesman2C20has20died20-20ABC20News.pdf

  • Insufficient request notice Letter

  • Insufficient request notice 2020-08-13 094140 Letter

  • Insufficient request notice 2020-08-13 094140 Letter

  • Brent20Scowcroft2C20prominent20elder20statesman2C20has20died20-20ABC20News.pdf