|Multi Request||Colonel Earle L. Lerette|
|Submitted||Oct. 29, 2018|
To Whom It May Concern:
Pursuant to the Freedom of Information Act, I hereby request the following records:
Files mentioning Colonel Earle L. Lerette, born in 1913. As they were born over 100 years ago, proof of death is not required.
I am a member of the news media and request classification as such. I have previously written about the government and its activities, with some reaching over 100,000 readers in outlets such as MuckRock, Motherboard, Property of the People, AND Magazine, Unicorn Riot, and more. As such, as I have a reasonable expectation of publication and my editorial and writing skills are well established. In addition, I discuss and comment on the files online and make them available through non-profits such as the library Internet Archive and and the journalist non-profit, MuckRock, disseminating them to a large audience. While my research is not limited to this, a great deal of it, including this, focuses on the activities and attitudes of the government itself. As such, it is not necessary for me to demonstrate the relevance of this particular subject in advance.
Additionally, case law states that “proof of the ability to disseminate the released information to a broad cross- section of the public is not required.” Judicial Watch, Inc. v. Dep’t of Justice, 365 F.3d 1108, 1126 (D.C. Cir. 2004); see Carney v. U.S. Dep’t of Justice, 19 F.3d 807, 814-15 (2d Cir. 1994). Further, courts have held that "qualified because it also had “firm” plans to “publish a number of . . . ‘document sets’” concerning United States foreign and national security policy." Under this criteria, as well, I qualify as a member of the news media.
Additionally, courts have held that the news media status "focuses on the nature of the requester, not its request. The provision requires that the request be “made by” a representative of the news media. Id. § 552(a)(4)(A)(ii)(II). A newspaper reporter, for example, is a representative of the news media regardless of how much interest there is in the story for which he or she is requesting information." As such, the details of the request itself are moot for the purposes of determining the appropriate fee category.
As my primary purpose is to inform about government activities by reporting on it and making the raw data available, I request that fees be waived.
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.
A no responsive documents response.
To Whom It May Concern:
I wanted to follow up on the following Freedom of Information Act request, copied below, and originally submitted on Oct. 29, 2018. 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.
Please check the status of your FOIPA Request at http://vault.fbi.gov by clicking on “Check Status of Your FOI/PA Request” on the right side of the page, and follow the instructions below.
Check the Status of Your FOIPA Request
If your FOIPA Number is [1234567-0] please enter [1234567-000] into the system. If your FOIPA Number is [1234567-1] please enter [1234567-001] into the system. If you have any questions about the status of your FOIPA request, please e-mail email@example.com.
FIND STATUS OF FOIPA- Request statuses are updated weekly
Please enter the whole FOIPA number-Example: [1234567-000]
Results will show the Request Number, Case Type and Process Description shown below:
Process Description (Will display the current progress of the request)
The FBI’s FOIPA Program is searching the FBI’s indices for potentially responsive documents.
You may be contacted via formal letter for all fees and/or negotiation issues that may apply.
NOTE: Recent requests are entered into the FOIPA database in the order that they are received. Before you can check the status, you must have received correspondence assigning a FOIPA request number and the information transferred to the online database. Status information is updated weekly. If a request has been closed within the last six months the online database will display the following: The FOIPA number entered has been closed, and appropriate correspondence has been sent to the address on file.
Estimated Dates of Completion
Requests are processed in the order in which they are received through our multi-track processing system. Requests are divided into two primary tracks--simple (under 50 pages of potentially responsive documents) and complex (over 50 pages of potentially responsive documents). Complex requests are further divided into medium, large, and extra-large sub-tracks based upon request size. Simple track requests typically require the least amount of time to process. Currently, simple track cases average approximately 134 days from the date of receipt for processing. Our complex requests in the medium processing track are currently averaging 523 days, large processing track are currently averaging approximately 1,335 days, and extra-large processing track are currently averaging 1,875 days for processing.
Public Information Officer
Record/Information Dissemination Section (RIDS) FBI-Information Management Division
170 Marcel Drive, Winchester, VA 22602-4843
Direct: (540) 868-4593
Fax: (540) 868-4391
Questions E-mail: firstname.lastname@example.org<mailto:email@example.com>
Do you have further questions about the FOI/PA process? Visit us at http://www.fbi.gov/foia
Please check the status of your request online at https://vault.fbi.gov/fdps-1/@@search-fdps Status updates are performed on a weekly basis.
Note: This is a non-emergency email address. If this is an emergency, please call 911 directly. If you need to report a tip for immediate action, please contact FBI Tips at http://tips.fbi.gov/ or reach out to your local field office.