Collateral Murder - David Finkel - Washington Post - Reuters FOIA, Comms, Auth or Unauth Disclosure (US Army Central Command CENTCOM) - Unclassified

Alexa O'Brien filed this request with the United States Central Command - CENTCOM of the United States of America.
Tracking # 13-0182
Status
Completed

Communications

From: Alexa O'Brien

To Whom It May Concern:

This is a request under the Freedom of Information Act.

I hereby request any and all records or data products inclusive of those in electronic form or format for:

1.) Any and all FOIA requests and communications by or between Thomson Reuters Corporation (including their employees); Reuters Group (including their employees); The Washington Post (including their national enterprise editor and independent author David Finkel or other WP employees) and the U.S. Army or CENTCOM to include: emails; letters; memos; meeting minutes; meeting notes; transcripts; presentations; audio; video(s); images; final or draft working documents; papers; reports; forms; as well as FOIA processing notes that concern the July 12, 2007 aerial weapons team Baghdad air strike in the district of New Baghdad in Baghdad and/or a video of the incident, entitled, "12 JUL 07 CZ ENGAGEMENT ZONE 30 GC Anyone.avi" (aka 'Collateral Murder').

According to a public report:

'Reuters has pressed the U.S. military to conduct a full and objective investigation into the killing of the two [Reuters] staff.

Video of the incident from two U.S. Apache helicopters and photographs taken of the scene were shown to Reuters editors in an off-the-record briefing in Baghdad on July 25, 2007.

U.S. military officers who presented the materials said Reuters had to make a request under the Freedom of Information Act (FOIA) to get copies. This request was made the same day.

[Major Shawn Turner, a spokesman for U.S. Central Command (CENTCOM)] said the military had released documents to Reuters [in 2009] in response to the FOIA request showing the presence of weapons on the scene, including AK-47 rifles and an RPG 7 grenade launcher. (Source: http://www.reuters.com/article/2010/04/06/us-iraq-usa-journalists-idUSTRE6344FW20100406)

David Finkel was an embedded media in Iraq in 2007 with 2nd Battalion, 16th Infantry Regiment of the 4th Infantry Brigade Combat Team, 1st Infantry Division, also known as the "2-16 Rangers". (Source: http://www.booktv.org/Program/10974/The+Good+Soldiers.aspx)

David Finkel's book, 'The Good Soldiers', published in September 2009, contains a transcript of the audio of the cockpit pilots in the unclassified video "12 JUL 07 CZ ENGAGEMENT ZONE 30 GC Anyone.avi". The video was also published by WikiLeaks on April 5, 2010.

I am also requesting any and all records or data products inclusive of those in electronic form or format for:

2.) Any or all incident(s) and/or security violation(s) reporting, investigation(s), inquiry(ies) preliminary; U.S. Army 15-6(s) investigations; findings; classification reviews; national security impact statements; damage assessments; and/or 'debriefings' by the U.S. Army with Thomson Reuters Corporation (including their employees); Reuters Group (including their employees); The Washington Post (including their national enterprise editor and independent author, David Finkel or other WP employees), and/or any other individual in the news media concerning any authorized or unauthorized disclosure of information to include: any record(s) or data product(s) required by Army Regulation 380-5 or otherwise produced emails; letters; memos; meeting minutes; meeting notes; transcripts; presentations; audio; video; images; final or draft working documents; papers; reports; and/or forms about the July 12, 2007 aerial weapons team Baghdad air strike in the district of New Baghdad in Baghdad including a video of the incident, entitled, "12 JUL 07 CZ ENGAGEMENT ZONE 30 GC Anyone.avi" (aka 'Collateral Murder') between the dates of July 12, 2007 to the present.

Based on recent news developments, I am requesting expedited processing of my request(s).

As a journalist, I am primarily engaged in disseminating information. There exists an urgent need to inform the public of government activity pertaining to prior authorized or unauthorized disclosure of information related to the July 12, 2007 aerial weapons team Baghdad air strike in the district of New Baghdad in Baghdad and/or a video of the incident, entitled, "12 JUL 07 CZ ENGAGEMENT ZONE 30 GC Anyone.avi" (aka 'Collateral Murder' ) to members of the news media.

David Finkel's book was published before the time of the Espionage Act, 18 U.S.C. Section 793(e), charge against Private First Class Bradley Manning for the willful communicate of the unclassified video "12 JUL 07 CZ ENGAGEMENT ZONE 30 GC Anyone.avi" to a person not entitled to receive it. (Source: http://graphics8.nytimes.com/packages/pdf/politics/20110302-manning.pdf and http://books.google.com/books?id=uKMxC5Ka31gC&printsec=frontcover&source=gbs_ge_summary_r&cad=0#v=onepage&q=2009&f=false)

Private First Class Manning pled to a lesser included offenses for the willful communication of the video to WikiLeaks.org; but did not plead guilty to 18 U.S.C. Section 793(e). Information already in the public realm does not qualify as national defense information. (Source: http://www.alexaobrien.com/secondsight/wikileaks/bradley_manning/us_v_pfc_legal/plea_and_forum/us_v_pfc_manning_formal_plea_by_exceptions_and_substitutions_february_28_2013.html)

The presiding military judge, Col. Denise Lind, took judicial notice of the date of publication of the Finkel's book on August 29, 2012.

Pfc. Manning testified on February 28, 2013 that after the unclassified video, "12 JUL 07 CZ ENGAGEMENT ZONE 30 GC Anyone.avi", was found in mid-February 2010 by his then co-worked Specialist Jihrleah Showman on a shared SIPRNet hard drive, entitled ‘T’, for the S2 Section of the Second Brigade Combat Team at C.O.S. or F.O.B. Hammer, Iraq.

SPEC Showman testified at the Article 32 in December 2011 that CW2 Hack, her commanding officer, was grooming her to be a targeting analyst for a future deployment. She testified that she watched the July 12, 2007 Baghdad apache airstrike video, "12 JUL 07 CZ ENGAGEMENT ZONE 30 GC Anyone.avi", four of five times with one other soldier, and three of four officers and discussing it. (Source: http://www.alexaobrien.com/secondsight/wikileaks/bradley_manning/witness_profiles_us_v_pfc_bradley_manning/us_army/witness_us_v_pfc_manning_specialist_jihrleah_showman.html)

Pfc. Manning testified when he performed open source research on the video (aka "12 JUL 07 CZ ENGAGEMENT ZONE 30 GC Anyone.avi" and Collateral Murder) being discussed in the T-S.C.I.F, he 'quickly realize that Mr. Finkel [book ‘The Good Soldiers’ published in September 2009] was quoting...the audio communications of the aerial weapons team crew' in the unclassified video. (Source: http://www.alexaobrien.com/secondsight/wikileaks/bradley_manning/pfc_bradley_e_manning_providence_hearing_statement.html)

Pfc. Manning testified that he also found:

"[S]everal news accounts involving two Reuters employees who were killed during the aerial weapon team engagement. Another story explained that Reuters had requested for a copy of the video under the Freedom of Information Act or FOIA. Reuters wanted to view the video in order to be able to understand what had happened and to improve their safety practices in combat zones. A spokesperson for Reuters was quoted saying that the video might help avoid the reoccurrence of the tragedy and believed there was a compelling need for the immediate release of the video." (Source: http://www.alexaobrien.com/secondsight/wikileaks/bradley_manning/pfc_bradley_e_manning_providence_hearing_statement.html)

Pfc. Manning continues:

"Despite the submission [Reuters] of the FOIA request, the news account explained that CENTCOM replied to Reuters stating that they could not give a time frame for considering a FOIA request and that the video might no longer exist. Another story I found written a year later said that even though Reuters was still pursuing their request, they still did not receive a formal response or written determination in accordance with FOIA." (Source: http://www.alexaobrien.com/secondsight/wikileaks/bradley_manning/pfc_bradley_e_manning_providence_hearing_statement.html)

According to the public record of Court proceedings and defense filings James Culky (sp.) the 4th Cavalry Division, Brigade S2 conducted a classification review of the three Apache gun videos that were sent to his division by FORSCOM after the video was published by WikiLeaks.org on April 5, 2010. (Source: http://www.alexaobrien.com/secondsight/wikileaks/bradley_manning/witness_profiles_us_v_pfc_bradley_manning/official_classi/witness_us_v_pfc_bradley_manning_james_culky_4th_calvary_division_brigade_s2.html)

If you regard these records or data products as potentially exempt from disclosure requirements, I request that you nonetheless exercise your discretion to disclose them.

Please release all reasonably segregable nonexempt portions of documents.

If you deny all or any part of this request, please cite each specific exemption you think justifies your refusal to release the information and notify me of appeal procedures available under the law.

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, 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 for searching for, reviewing, or copying the records, please notify me before processing if the amount exceeds $500 (five-hundred U.S. dollars).

I would prefer the request be filled electronically, by e-mail attachment if available or CD-ROM if not.

If you have any questions related to this request please contact me via email at [redacted]@alexaobrien.com.

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,

Alexa D. O'Brien
(917) 568-3966
email@alexaobrien.com

From: MuckRock

Hello,

Please note in item 2, the requester would like any responsive documents from CENTCOM as well.

Thanks

From: Alexa O'Brien

Hello,

I would like to inquire as to the status of my request, which is copied below and was originally submitted on 13 March 2013.

Thank you.

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 March 14, 2013. Please let me know when I can expect to receive a response, or if further clarification is needed.

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 March 14, 2013. Please let me know when I can expect to receive a response, or if further clarification is needed.

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 March 14, 2013. Please let me know when I can expect to receive a response, or if further clarification is needed.

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 March 14, 2013. Please let me know when I can expect to receive a response, or if further clarification is needed.

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 March 14, 2013. Please let me know when I can expect to receive a response, or if further clarification is needed.

Thank you for your help.

From: USCENTCOM FOIA Requester Service Center

Sir, we are currently reviewing documents in reference to your case. We will provide a response and/or update to you within the next 30 days.

Respectfully,

USCENTCOM FOIA Requester Service Center
(813) 827-1810

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 March 14, 2013. Please let me know when I can expect to receive a response, or if further clarification is needed.

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 March 14, 2013. Please let me know when I can expect to receive a response, or if further clarification is needed.

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 March 14, 2013. Please let me know when I can expect to receive a response, or if further clarification is needed.

Thank you for your help.

From: Alexa O'Brien

United States Central Command (CENTCOM)
UNITED STATES CENTRAL COMMAND CCJ6-RDF (FOIA)
7115 SOUTH BOUNDARY BOULEVARD
MACDILL AFB, FL 33621-5101
DSN: 651-1810/6413
Commercial:(813) 827-1810/6413
Fax: (813) 827-1241

To whom it may concern:

Despite an acknowlegment to my March 13, 2013 request. I have never received a FOIA reference number.

On September 13, 2013, I received the following notice from CENTCOM:

"Sir, we are currently reviewing documents in reference to your case. We will provide a response and/or update to you within the next 30 days.

Respectfully,

USCENTCOM FOIA Requester Service Center
(813) 827-1810"

Please advise me on my FOIA request number.

Best,

Alexa O'Brien

From: Johnson, Steven L Mr CIV USAF USCENTCOM CCJ6-RDF

Mr. O'Brien,

My name is Mr. Steven Johnson; I am the case worker for USCENTCOM FOIA 13-0182. I took over processing your request in October 2012. After reviewing the case notes it seems a USCENTCOM Interim Response letter with FOIA case number was sent to your address (P.O. Box 55819, Dept MR 3780, Boston, MA 02205-5819) on or around 25 Mar 13 (attached). In that letter we informed you, "the actual processing time for these documents will depend upon consultation with other DoD components, stateside, overseas, or other agencies."

I am working to consolidate our Subject Matter Experts (SMEs) responses. I will try to get USCENTCOM official response to you within the next 60 days.

In the future, it would help USCENTCOM if you provide a telephone number in order for us to talk to a live person.

Happy New Year and have a great day!

v/r

Steven

STEVEN L JOHNSON
GS-12, DAFC
FOIA/PA Analyst
Comm: (813) 529-6689

"The will to win, the desire to succeed, the urge to reach your full potential... these are the keys that will unlock the door to personal excellence." Confucious

From: Johnson, Steven L Mr CIV USAF USCENTCOM CCJ6-RDF

Mr. O'Brien,

My name is Mr. Steven Johnson; I am the case worker for USCENTCOM FOIA 13-0182. I took over processing your request in October 2013. After reviewing the case notes it seems a USCENTCOM Interim Response letter with FOIA case number was sent to your address (P.O. Box 55819, Dept MR 3780, Boston, MA 02205-5819) on or around 25 Mar 13 (attached). In that letter we informed you, "the actual processing time for these documents will depend upon consultation with other DoD components, stateside, overseas, or other agencies."

I am working to consolidate our Subject Matter Experts (SMEs) responses. I will try to get USCENTCOM official response to you within the next 60 days.

In the future, it would help USCENTCOM if you provide a telephone number in order for us to talk to a live person.

Happy New Year and have a great day!

v/r

Steven

STEVEN L JOHNSON
GS-12, DAFC
FOIA/PA Analyst
Comm: (813) 529-6689

"The will to win, the desire to succeed, the urge to reach your full potential... these are the keys that will unlock the door to personal excellence." Confucious

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 March 14, 2013. Please let me know when I can expect to receive a response, or if further clarification is needed. You had assigned it reference number #13-0182.

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 March 14, 2013. Please let me know when I can expect to receive a response, or if further clarification is needed. You had assigned it reference number #13-0182.

Thank you for your help.

From: Johnson, Steven L Mr CIV USAF USCENTCOM CCJ6-RDF

Ms. O'Brien,

USCENTCOM is still processing FOIA 13-0182 for you. But, it was determined that an outside agencies consultation is necessary, so this will impact when you will receive a response.

v/r

Steven

STEVEN L JOHNSON
GS-12, DAFC
FOIA/PA Analyst
Comm: (813) 529-6689
(N): steven.l.johnson@centcom.mil

"The will to win, the desire to succeed, the urge to reach your full potential... these are the keys that will unlock the door to personal excellence." Confucious

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 March 14, 2013. Please let me know when I can expect to receive a response, or if further clarification is needed. You had assigned it reference number #13-0182.

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 March 14, 2013. Please let me know when I can expect to receive a response, or if further clarification is needed. You had assigned it reference number #13-0182.

Thank you for your help.

From: Johnson, Steven L Mr CIV USAF USCENTCOM CCJ6-RDF

FOIA 13-0182 is currently with our attorney's for review/recommendations. Once they are done conducting a courtesy review/recommendation we will staff to leadership for release to you. Estimate completion date is approximately 45 days.

v/r

Steven

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 March 14, 2013. Please let me know when I can expect to receive a response, or if further clarification is needed. You had assigned it reference number #13-0182.

Thank you for your help.

From: Johnson, Steven L Mr CIV USAF USCENTCOM CCJ6-RDF

FOIA 13-0182 is currently with our attorney's for review/recommendations. Once they are done conducting a courtesy review/recommendation we will staff to leadership for release to you.

v/r

Steven

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 March 14, 2013. Please let me know when I can expect to receive a response, or if further clarification is needed. You had assigned it reference number #13-0182.

Thank you for your help.

From: Johnson, Steven L Mr CIV USAF USCENTCOM CCJ6-RDF

Ms. O'Brien,

Without any setbacks FOIA 13-0182 should be completed within the next three weeks. It is currently in our approval chain.

v/r

Steven

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 March 14, 2013. Please let me know when I can expect to receive a response, or if further clarification is needed. You had assigned it reference number #13-0182.

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 March 14, 2013. Please let me know when I can expect to receive a response, or if further clarification is needed. You had assigned it reference number #13-0182.

Thank you for your help.

From: Johnson, Steven L Mr CIV USAF USCENTCOM CCJ6-RDF


ÇUSCENTCOM closed FOIA 13-0182 on 19 August 2014. The case was also mailed to

Muckrock on 19 August 2014. The response was sent to the following mailing

address:

Ms. Alexa O'Brien

MuckRock News

Dept. MR 3780

P.O. Box 55819

Boston, MA 02205-5819

Thanks,

Steven

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 March 14, 2013. Please let me know when I can expect to receive a response, or if further clarification is needed. You had assigned it reference number #13-0182.

Thank you for your help.

From: Johnson, Steven L Mr CIV USCENTCOM CCJ6-RDF


USCENTCOM closed FOIA 13-0182 on 19 August 2014. The case was also mailed to

Muckrock on 19 August 2014. The response was sent to the following mailing

address:

Ms. Alexa O'Brien

MuckRock News

Dept. MR 3780

P.O. Box 55819

Boston, MA 02205-5819

Thanks,

Steven

From: MuckRock

Hi,

The requested documents never arrived. Can they be resent?

From: MuckRock

Hello,

I'd like to follow up on this request and inquire as to whether the responsive material can be resent, as it never arrived at our office.

Thank you very much for your help.

From: Alexa O'Brien

RE: FOIA 13-0182

To whom it may concern. These documents were never received at the following address:

Ms. Alexa O'Brien
MuckRock News
Dept. MR 3780
P.O. Box 55819
Boston, MA 02205-5819

Please advise.

Best Regards,

Alexa O'Brien
(917) 568-3966
alexaobrien@riseup.net

From: Alexa O'Brien

USCENTCOM FOIA Service Center
(813) 529-6269
foiaoffice@centcom.mil

RE FOIA 13-0182 ; FA-13-0016

There is some confusion here as to the status of these FOIA requests. They were originally forwarded by the Army to ARCENT, but since I am being told two separate things.

Firstly, I was told that FA-13-0016 with ARCENT was wrapped into 13-0182.

I was also told that these were sent to

Ms. Alexa O'Brien
MuckRock News
Dept. MR 3780
P.O. Box 55819
Boston, MA 02205-5819

on August 19, 2014; and separately told on Oct. 26, 2014 that you require payment.

What is the status of my FOIA requests?

Best.

Alexa O'Brien
(917) 568-3966

From: Johnson, Steven L Mr CIV USCENTCOM CCJ6-RDF

Ms. O'Brien,

As stated in the 20 Nov 14 letter (attached) it states that you are not being charged processing cost because the charges fell below $15. I also stated that USARCENT, and the US Army FOIA Offices referred their respective case to USCENTCOM since we conducted the original review and release; and they are no longer required to respond to your FOIA Requests; USCENTCOM is the responsible agency. A copy of the completed case was mailed to MuckRock on 15 Aug 14, 12 Nov 14; I also mailed a certified copy to you yesterday (2 Dec 14); electronic signature confirmation is required (tracking number: 91 7199 9991 7033 4935 2563).

The case was sent by USPS to the following address provided by you:

Ms. Alexa O'Brien
MuckRock News
Dept. MR 3780
P.O. Box 55819
Boston, MA 02205-5819

Enjoy your holidays

Thanks, Steven

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