Communications re FOIA from Trump administration

Brandon Smith filed this request with the National Archives and Records Administration of the United States of America.
Tracking #

NARA-NGC-2017-000373

Status
Rejected

Communications

From: Brandon Smith

To Whom It May Concern:

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

Any and all communications regarding the Freedom of Information Act, directed to any member of your agency, and coming from the executive administration offices of Donald J. Trump (including any Executive branch office, or headed by appointees of Mr. Trump). The date range of this request is January 15, 2017 to the date of this request.

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,

Brandon Smith and Jason Leopold

From: foia@nara.gov

This message is to confirm your request submission to the FOIAonline application: View Request. Request information is as follows: (https://foiaonline.regulations.gov:443/foia/action/public/view/request?objectId=090004d2811e956d)
* Tracking Number: NARA-NGC-2017-000373
* Requester Name: Jason Leopold
* Date Submitted: 03/13/2017
* Request Status: Submitted
* Description: This is a request under the Freedom of Information Act. I hereby request the following records: Any and all communications regarding the Freedom of Information Act, directed to any member of your agency, and coming from the executive administration offices of Donald J. Trump (including any Executive branch office, or headed by appointees of Mr. Trump). The date range of this request is January 15, 2017 to the date of this request. 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, Brandon Smith and Jason Leopold

From: Jodi Foor

Sent via FOIAOnline and Email

April 13, 2017

Mr. Jason Leopold

MuckRock

Dept. MR 34790

411A Highland Ave.

Somerville, MA 02144-2516

*Re: Freedom of Information Act Request NGC17-253*

Dear Mr. Leolpold,

As we previously advised you via *FOIAonline*, we received your FOIA
request, dated March 13, 2017 and we have assigned your request internal
tracking number NGC17-253 and *FOIAOnline* tracking number
NARA-NGC-2017-000343. In your requested access to:

Any and all communications regarding the Freedom of Information Act,
directed to any member of your agency, and coming from the executive
administration offices of Donald J. Trump (including any Executive branch
office, or headed by appointees of Mr. Trump). The date range of this
request is January 15, 2017 to the date of this request.

Your request falls within one of the “unusual circumstances” categories
contemplated by the FOIA, 5 U.S.C. 552 §§ (a)(6)(B)(iii)((I) and (III), and
we need additional time to respond to your request beyond the twenty
business days provided by the FOIA statute. The records you seek have
required us to search several offices within NARA. To enable us to respond
more quickly to you, you may wish to reformulate your request to reduce the
amount of time required to complete our consultation, or to arrange an
alternative time frame for the processing of this request.

We regret the necessity of this delay, but assure you that your request
will be processed as soon as possible. If you have any questions you may
contact me. You may also contact our FOIA Public Liaison, Gary M. Stern
for assistance at 8601 Adelphi Road, College Park, MD 20740-6002,
301-837-1750, Garym.Stern@nara.gov.

Sincerely,

Jodi L. Foor

Deputy FOIA Officer

Office of General Counsel

Jodi.Foor@nara.gov

301-837-2099

Jodi L. Foor

Deputy Freedom of Information Act Officer/Archivist

National Archives and Records Administration

Office of General Counsel

College Park, MD

301-837-2099

Jodi.Foor@nara.gov

From: Brandon Smith

Hi Ms. Foor:

This is Brandon Smith, the other party to the request. I am managing this request for both parties, myself and Mr. Leopold. I appreciate your assistance on it, and I'm eagerly anticipating your response.

I would like to note that it's much easier and quicker for me to check email rather than the portal you're calling "FOIA Online." Feel free to reply to this chain, including with any responsive documents, and I'll get back with you quickly.

Sincerely,
Brandon Smith

From: Jodi Foor

Dear Mr. Smith,

Thank you for contacting the National Archives and Records Administration.
We are still in the process of conducting a search for responsive
documents. I recently sent out a reminder request to the office(s) who may
have responsive documents and are still waiting on a response. We do
apologize for the delay in responding to your request.

Sincerely,

Jodi L. Foor

Deputy Freedom of Information Act Officer/Archivist

National Archives and Records Administration

Office of General Counsel

College Park, MD

301-837-2099

Jodi.Foor@nara.gov

Jodi L. Foor

Deputy Freedom of Information Act Officer/Archivist

National Archives and Records Administration

Office of General Counsel

College Park, MD

301-837-2099

Jodi.Foor@nara.gov

From: Jodi Foor

Good Afternoon,

Your FOIA request (NGC17-253 and NARA-NGC-2016-000373) is in our complex
queue and as of today it is number 54. For many of our complex cases that
take more than 20 days to process, responsive documents have been sent out
to other federal agencies for consultation. As we await a response, we are
able to process cases lower in our queue that are not awaiting outside
consultation. We have identified and gathered some of the responsive
documents for your case so we may be able to start your case sooner rather
than later. We apologize for the delay in responding to your request.

Sincerely,

Jodi L. Foor

Deputy Freedom of Information Act Officer/Archivist

National Archives and Records Administration

Office of General Counsel

College Park, MD

301-837-2099

Jodi.Foor@nara.gov

Jodi L. Foor

Deputy Freedom of Information Act Officer/Archivist

National Archives and Records Administration

Office of General Counsel

College Park, MD

301-837-2099

Jodi.Foor@nara.gov

From: Jodi Foor

I will be out of the office on August 11, 2017 to August 30, 2017.  I will return your e-mail when I return on August 31, 2017.
If you need FOIA assistance, please email FOIA@nara.gov or call 301-837-3642. (mailto:FOIA@nara.gov)

Thanks,
--
Jodi L. Foor
Deputy Freedom of Information Act Officer/Archivist National Archives and Records Administration Office of General Counsel College Park, MD 301-837-2099 Jodi.Foor@nara.gov

From: Jodi Foor

Good Morning,

Your FOIA request (NGC17-253 and NARA-NGC-2016-000373) is in our complex
queue and as of today is still number 54. For many of our complex cases that
take more than 20 days to process, responsive documents have been sent out
to other federal agencies for consultation. As we await a response, we are
able to process cases lower in our queue that are not awaiting outside
consultation. We have identified and gathered some of the responsive
documents for your case so we may be able to start your case sooner rather
than later. We apologize for the delay in responding to your request.

Sincerely,

Jodi L. Foor

Deputy Freedom of Information Act Officer/Archivist

National Archives and Records Administration

Office of General Counsel

College Park, MD

301-837-2099 <(301)%20837-2099>

Jodi.Foor@nara.gov

Jodi L. Foor

Deputy Freedom of Information Act Officer/Archivist

National Archives and Records Administration

Office of General Counsel

College Park, MD

301-837-2099

Jodi.Foor@nara.gov

From: Jodi Foor

Good Morning,

Your FOIA request (NGC17-253 and NARA-NGC-2016-000373) is in our complex
queue and as of today is still number 51. For many of our complex cases that
take more than 20 days to process, responsive documents have been sent out
to other federal agencies for consultation. As we await a response, we are
able to process cases lower in our queue that are not awaiting outside
consultation. We have identified and gathered some of the responsive
documents for your case so we may be able to start your case sooner rather
than later. We apologize for the delay in responding to your request.

Sincerely,

Jodi L. Foor

Deputy Freedom of Information Act Officer/Archivist

National Archives and Records Administration

Office of General Counsel

College Park, MD

301-837-2099 <(301)%20837-2099>

Jodi.Foor@nara.gov

Jodi L. Foor

Deputy Freedom of Information Act Officer/Archivist

National Archives and Records Administration

Office of General Counsel

College Park, MD

301-837-2099

Jodi.Foor@nara.gov

From: Brandon Smith

Hi, Jodi.

This complex track is moving at a dinosaur's pace. I'm going to loop in OGIS to ask them to weigh in as to whether this should be in a complex track. I might also want to submit a case for expedited processing. It's clear to me, when I read the request, that there exists a clear urgency to inform the public about actual or alleged government activity on this matter.

Brandon

From: National Archives and Records Administration

Good Afternoon,

Your FOIA request (NGC17-253 and NARA-NGC-2016-000373) is in our
complex queue and as of today it is number 47. For many of our complex
cases that take more than 20 days to process, responsive documents have
been sent out
to other federal agencies for consultation. As we await a response, we
are able to process cases lower in our queue that are not awaiting
outside consultation. We have identified and gathered some of the documents
that may be responsive
for your case so we may be able to start your case sooner rather than
later. We are waiting on a response from one of our offices for other
potentially responsive documents. I have reached out again and expect we
will get the records this week. We apologize for the delay in responding
to your request.

Sincerely,

Jodi L. Foor

Deputy Freedom of Information Act Officer/Archivist

National Archives and Records Administration

Office of General Counsel

College Park, MD

301-837-2099

Jodi.Foor@nara.gov

Jodi L. Foor

Deputy Freedom of Information Act Officer/Archivist

National Archives and Records Administration

Office of General Counsel

College Park, MD

301-837-2099

Jodi.Foor@nara.gov

From: National Archives and Records Administration

NARA-NGC-2017-000373 has been processed with the following final disposition: Full denial based on exemptions.
January 12, 2018
Mr. Brandon Smith & Jason Leopold MuckRock
DEPT MR 34790
411A Highland Ave.
Somerville, MA 02144-2516

Re:  Freedom of Information Act Request NGC17-253
Dear Mr. Smith:
This is in response to your Freedom of Information Act (FOIA) request dated March 13, 2017, and received in our office on the same day. Your request was assigned FOIAonline tracking number NARA-NGC-2017-000373, and the internal tracking number NGC17-253. In your request, you stated:
Any and all communication regarding the Freedom of Information Act, directed to any member of your agency, and coming from the executive administration offices of Donald J/ Trump (including any Executive branch office, or headed by appointees of Mr. Trump).  The date range of this request is January 15, 2017 to the date of this request.
We have conducted a search and identified ten (10) documents, with a total of 17 pages, responsive to your request.  We are withholding all 10 documents in full pursuant to 5 U.S.C. § 552(b)(5), for communications that are deliberative in nature and the disclosure of which would reveal inter-agency and intra-agency discussions.  The documents include email correspondence between NARA staff and White House staff regarding the Freedom of Information Act.
This completes the processing of your request.
If you are not satisfied with our action on this request, you have the right to file an administrative appeal within ninety (90) calendar days from the date of this letter via regular U.S. mail or email.  By filing an appeal, you preserve your rights under FOIA and give the agency a chance to review and reconsider your request and the agency’s decision.  If you submit your appeal in writing, please address it to the Deputy Archivist of the United States (ND), National Archives and Records Administration, 8601 Adelphi Road, College Park, Maryland 20740.  Both the letter and the envelope should be clearly marked “Freedom of Information Act Appeal.”  If you submit your appeal by e-mail please send it to FOIA@nara.gov, also addressed to the Deputy Archivist of the United States. Please be sure to explain why you believe this response does not meet the requirements of the FOIA.  All correspondence should reference your case tracking number NGC17-253 and FOIAonline Tracking Number NARA-NGC-2017-000373.
If you would like to discuss our response before filing an appeal to attempt to resolve your dispute without going through the appeals process, you may contact our FOIA Public Liaison, Gary M. Stern, for assistance at:
Gary M. Stern General Counsel and Chief FOIA Officer
8601 Adelphi Road, Suite 3110
College Park, MD 20740-6002
301-837-1750
garym.stern@nara.gov

If you are unable to resolve your FOIA dispute through our FOIA Public Liaison, the Office of Government Information Services (OGIS), the Federal FOIA Ombudsman’s office, offers mediation services to help resolve disputes between FOIA requesters and Federal agencies. The contact information for OGIS is:
Office of Government Information Services National Archives and Records Administration
8601 Adelphi Road–OGIS
College Park, MD 20740-6001
ogis@nara.gov
ogis.archives.gov
202-741-5770
1-877-684-6448

Sincerely, Jodi L. Foor
Deputy FOIA Officer
Office of General Counsel
Jodi.Foor@nara.gov
301-837-2099

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