Congressional requests, 2015-2017 (Defense Intelligence Agency)

Emma North-Best filed this request with the Defense Intelligence Agency of the United States of America.
Tracking #

FOIA-0341-2018

0341-2018

Multi Request Congressional requests, 2015-2017
Due Aug. 20, 2018
Est. Completion None
Status
Awaiting Response

Communications

From: Emma North-Best


To Whom It May Concern:

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

Copies of any requests for documents, information, briefings or testimony sent to either the director's office or the appropriate congressional liaison office between January 1, 2015 and December 31, 2017.

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. 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 Internet Archive and MuckRock, disseminating them to a large audience.

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). 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 are moot for the purposes of determining the 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.

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,

Emma Best

From: Defense Intelligence Agency

An interim response, stating the request is being processed.

From: Defense Intelligence Agency

Ms. Best

Upon review of your organization's FOIA request identified as FOIA-0341-2018, it is determined there is not a reasonable description of the records sought. The lack of a reasonable description hinders all efforts to ascertain exactly which records are being requested and the ability to locate them.

A reasonable description of an agency records can be:

a. A file-related record and includes information such as type of record (i.e... memo, letter, DIA product) identified by title, index citation, subject area in conjunction with date of creation and/or originator

b. An event-related records that includes specific circumstances which resulted in the creation of the record such as the event date and event circumstances the record covers.

DIA will take no further action on the FOIA request in its current state. Please feel free to contact the FOIA Requester Service Center, Mr. Anthony Kenon, at 301-394-5184 to discuss your FOIA request.

V/r
DIA, FOIA Document Review & Analysis Branch
FOIA and Declassification Services

From: Emma North-Best

The request was, in fact, for "A file-related record and includes information such as type of record (i.e... memo, letter, DIA product) identified by ... subject area in conjunction with date of creation."

From: Defense Intelligence Agency

Your request is void of a specific subject. Relate the records you are seeking to a specific topic (i.e., documents, records, information, briefings, testimony pertaining to Iraq nuclear assessment). The offices have the ability to search by subject. If you need additional assistance to perfect this request, please contact Mr. Anthony Kenon at 301.394.5587 for further assistance.

V/r
DIA, FOIA Document Review & Analysis Branch
FOIA and Declassification Services

From: Defense Intelligence Agency

Please contact the DIA FOIA Requester Service Center to discuss your request; our POC is Mr. Anthony Kenon at 301.394.5184.

V/r
DIA, FOIA Document Review & Analysis Branch
FOIA and Declassification Services

From: Emma North-Best

I am not required to limit the request by specific topic, as the original request is already specific enough and is intended to allow additional, more targeted FOIA requests.

From: Defense Intelligence Agency

Your request is currently in queue position 1108 of 1164. Please be assured that the DIA is actively working on your case, and is committed to processing your request as soon as possible. We appreciate your patience.

V/r
DIA, FOIA Document Review & Analysis Branch
FOIA and Declassification Services

From: Defense Intelligence Agency

Your request is currently in queue position 1083 of 1223. Please be assured that the DIA is actively working on your case, and is committed to processing your request as soon as possible. We appreciate continued your patience.
V/r
DIA, FOIA Document Review & Analysis Branch
FOIA and Declassification Services

From: Defense Intelligence Agency

Your request is currently in queue position 1083 of 1240. Please be assured that the DIA is actively working on your case, and is committed to processing your request as soon as possible. We appreciate continued your patience.

V/r
DIA, FOIA Document Review & Analysis Branch
FOIA and Declassification Services

From: Defense Intelligence Agency

Your request is currently in queue position 1063 of 1237. Please be assured that the DIA is actively working on your case, and is committed to processing your request as soon as possible. We appreciate your patience.

V/r
DIA, FOIA Document Review & Analysis Branch
FOIA and Declassification Services

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