Connor Lamb Dockets
| Tracking # |
DON-USMC-2022-006849 |
| Submitted | April 7, 2022 |
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Communications
From: Daniel Boguslaw
To Whom It May Concern:
Pursuant to the Freedom of Information Act, I hereby request the following records:
All available case documents between 2009 and 2013 for which Conor Lamb served as military prosecutor in Okinawa. I would also like to request expedited review of this request under 28 C.F.R. § 16.5(d)(iii), (iv) which compels expedited processing for a "matter of widespread and exceptional media interest in which there exist possible questions about the government's integrity which affect public confidence." In this case, my reporting has detailed that Conor Lamb, a candidate for The United States Senate in Pennsylvania, may have had conflicts of interest while adjudicating cases as a military prosecutor. The public then has an urgent need for media coverage of these matters before heading to the polls to vote in the 2022 Pennsylvania primary election.
As a member of the news media writing for publications including The Nation, The New Republic, and the Intercept I request that all associated 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,
Daniel Boguslaw
From: United States Marine Corps
Dear Daniel Boguslaw <requests@muckrock.com>,
Your password has been updated per your request. You can change your password in the future from your
profile page.
If you believe you received this email in error or need additional assistance, please contact the FOIAonline Help Desk. (mailto:foia.help@epa.gov)
Thank you!
FOIAonline Team (mailto:foia.help@epa.gov)
From: United States Marine Corps
This message is to confirm your request submission to the FOIAonline application: View Request. Request information is as follows: (https://foiaonline.gov/foiaonline/action/public/submissionDetails?trackingNumber=DON-USMC-2022-006849&type=request)
* Tracking Number: DON-USMC-2022-006849
* Requester Name:
Daniel Boguslaw
* Date Submitted: 04/07/2022
* Request Status: Submitted
* Description:
To Whom It May Concern:
Pursuant to the Freedom of Information Act, I hereby request the following records:
All available case documents between 2009 and 2013 for which Conor Lamb served as military prosecutor in Okinawa. I would also like to request expedited review of this request under 28 C.F.R. § 16.5(d)(iii), (iv) which compels expedited processing for a "matter of widespread and exceptional media interest in which there exist possible questions about the government's integrity which affect public confidence." In this case, my reporting has detailed that Conor Lamb, a candidate for The United States Senate in Pennsylvania, may have had conflicts of interest while adjudicating cases as a military prosecutor. The public then has an urgent need for media coverage of these matters before heading to the polls to vote in the 2022 Pennsylvania primary election.
As a member of the news media writing for publications including The Nation, The New Republic, and the Intercept I request that all associated 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,
Daniel Boguslaw
Upload documents directly: https://www.muckrock.com/
From: United States Marine Corps
Good morning, Mr. Boguslaw,
This acknowledges receipt of your FOIA request; I am the analyst assigned. We have initiated a request for a search of the records you are seeking and expect an answer soon. In the meantime, should you have any questions or concerns, please be sure to let me know. This communication also addresses your requests for a fee waiver and expedited processing.
Before making a decision for fee waivers, we must first determine whether your request meets the Department of Defense (DoD) requirements for fee waivers, taking into consideration the following factors:
* Does the record specifically concern identifiable operations or activities of the Government (specifically, the United States Marine Corps)?
* If so, is disclosure likely to contribute to public understanding of these operations and activities? Are the releasable contents of the record(s) meaningfully informative in relation to the subject of the request?
* Is the focus on contributing to public understanding of the operations or activities of the Government rather than the requester’s own understanding or that of a narrow segment of interested persons?
* Will any likely contribution to public understanding of the operations or activities of the Government be significant?
Requests for fee waivers should address these requirements in sufficient detail for us to make an informed decision, as each request is considered on its own merits. After a thorough review, it was determined that your request does not meet these requirements and we have, therefore, denied it. Since we have categorized you as “media” and records, if any, would be sent electronically, we do not anticipate any associated FOIA processing fees.
As regards your request for expedited processing, before approving such a request, we would have to determine that there was a compelling need for the information, and it is the requester’s burden to demonstrate this. "Compelling need" can mean either that (1) failure to obtain the records could reasonably be expected to pose an imminent threat to an individual's life or safety, or (2) the information is "urgently needed" and its value will be lost if not disseminated quickly. The basis you provided does not demonstrate the kind of compelling need required for us to place your request ahead of all the others that are pending. We must, therefore, deny your request for expedited processing.
If you consider the above adverse determinations, you may appeal within FOIAonline. If you prefer, you may write to the Department of the Navy, Judge Advocate General (Code 14), 1322 Patterson Avenue SE, Suite 3000, Washington Navy Yard, DC 20374-5066. Your appeal, if any, must be postmarked within 90 calendar days from the date of this correspondence and should include a statement indicating why you believe it should be granted. I recommend that your letter and its envelope both bear the notation, “Freedom of Information Act Appeal”.
You also have the right to seek assistance and/or dispute resolution services from the Department of the Navy FOIA Public Liaison, Mr. Christopher Julka, at Christopher.a.julka@navy.mil or (703) 697-0031. You may also contact the Office of Government Information Services (OGIS) for assistance and/or dispute resolution at ogis@nara.gov or (877) 684-6448. For more information online about services provided by OGIS, please visit their website at www.archives.gov/ogis/. (http://www.archives.gov/ogis/)
As the analyst assigned, if you should have any questions or concerns, please feel free to contact me at 703-614-4008 or hqmcfoia@usmc.mil.
Michael Peters
Deputy, FOIA/PA Programs
From: United States Marine Corps
Your request for Expedited Processing for the FOIA request DON-USMC-2022-006849 has been
denied.
* Expedited Processing Original Justification:
The public then has an urgent need for media coverage of these matters before heading to the polls to vote in the 2022 Pennsylvania primary election.
* Expedited Processing Disposition Reason:
Please see FOIAonline correspondence of April 14, 2022, for details and appeal rights.
From: United States Marine Corps
Your request for Fee Waiver for the FOIA request DON-USMC-2022-006849 has been
denied.
* Fee Waiver Original Justification:
As a member of the news media writing for publications including The Nation, The New Republic, and the Intercept I request that all associated fees be waived.
The requested documents will be made available to the general public, and this request is not being made for commercial purposes.
* Fee Waiver Disposition Reason:
Please see FOIAonline correspondence of April 14, 2022, for details and appeal rights.
From: United States Marine Corps
Good afternoon, Mr. Boguslaw,
We have received records and have determined that they are releasable. We are currently processing them and hope to have our response to you soon. Should you have any questions, please feel free to contact us.
Sincerely,
HQMC FOIA Team
Commandant of the Marine Corps (ARSF)
Headquarters US Marine Corps
3000 Marine Corps Pentagon Rm 2B289
Washington DC 20350-3000
FOIA/PA Phone: (703) 614-4008 DSN: 224
Fax: (703) 614-6287
FOIA Email: hqmcfoia@usmc.mil
WARNING: ANY MISUSE OR UNAUTHORIZED DISCLOSURE MAY RESULT IN CIVIL AND/OR CRIMINAL PENALTIES.
Confidentiality Notice: This e-mail message, including any attachments, is for the sole use of the intended recipient (s) and may contain confidential and/or privileged information. Any unauthorized review, use, disclosure or distribution is prohibited.
If you are not the intended recipient, please contact the sender by e-mail and destroy any copies of the original message.
From: United States Marine Corps
Good morning, Mr. Boguslaw,
We apologize for the delay in getting back to you; we hope have a response to you by the middle of next week. Should you have any questions, please feel free to contact us.
Sincerely,
HQMC FOIA Team
Commandant of the Marine Corps (ARSF)
Headquarters US Marine Corps
3000 Marine Corps Pentagon Rm 2B289
Washington DC 20350-3000
FOIA/PA Phone: (703) 614-4008 DSN: 224
Fax: (703) 614-6287
FOIA Email: hqmcfoia@usmc.mil
WARNING: ANY MISUSE OR UNAUTHORIZED DISCLOSURE MAY RESULT IN CIVIL AND/OR CRIMINAL PENALTIES.
Confidentiality Notice: This e-mail message, including any attachments, is for the sole use of the intended recipient (s) and may contain confidential and/or privileged information. Any unauthorized review, use, disclosure or distribution is prohibited.
If you are not the intended recipient, please contact the sender by e-mail and destroy any copies of the original message.
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following Freedom of Information Act request, copied below, and originally submitted on April 7, 2022. Please let me know when I can expect to receive a response. You had assigned it reference number #DON-USMC-2022-006849.
Thanks for your help, and let me know if further clarification is needed.
From: United States Marine Corps
DON-USMC-2022-006849 has been processed with the following final disposition: Partial Grant/Partial Denial.
------------------------------
Dear Mr. Boguslaw,
Attached, please see our response to your Freedom of Information request. should you have any questions, please feel free to contact us.
Sincerely,
HQMC FOIA Team
703-614-4008
From: United States Marine Corps
Good morning, Mr. Boguslaw,
We did not realize until this morning that our cover letter regarding the
subject Freedom of Information request was not signed. Please find attached
the signed/final copy of our letter.
HQMC FOIA Team
Commandant of the Marine Corps (ARSF)
Headquarters US Marine Corps
3000 Marine Corps Pentagon Rm 2B289
Washington DC 20350-3000
FOIA/PA Phone: (703) 614-4008 DSN: 224
Fax: (703) 614-6287
FOIA Email: hqmcfoia@usmc.mil
WARNING: ANY MISUSE OR UNAUTHORIZED DISCLOSURE MAY RESULT IN CIVIL AND/OR
CRIMINAL PENALTIES.
Confidentiality Notice: This e-mail message, including any attachments, is
for the sole use of the intended recipient (s) and may contain confidential
and/or privileged information. Any unauthorized review, use, disclosure or
distribution is prohibited. If you are not the intended recipient, please
contact the sender by e-mail and destroy any copies of the original message.
We value your comments please take time complete the Management Comment Card
via the ICE Tool https://ice.disa.mil/index.cfm?fa=card&sp=130985&s=341
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