Correspondence b/w Sec of Defense and USS Diane Feinstein Dec 2010

Alexa O'Brien filed this request with the Department of Justice, Office of Information Policy of the United States of America.
Tracking # 14-F-0143
Est. Completion None
Status
No Responsive Documents

Communications

From: Alexa O'Brien

To Whom It May Concern:

This is a request under the Freedom of Information Act. I hereby request the records regarding correspondence or meetings between the Office of the Secretary of Defense and Senator Diane Feinstein concerning "criminal charges against WikiLeaks founder Julian Assange" in December 2010.

Previously disclosed Senate Correspondence Logs between December 2008 and March 2011 contain the following entry:

OSD CONTROL NUMBER: OSD 14341-10 DOCUMENT TYPE: INCOMING DOC: 12/ 2/ 2010 DOR:
12/ 8/ 2010
FROM: USS FEINSTEIN, D TO: SECDEF
SUBJECT: CRIMINAL CHARGES AGAINST WIKILEAKS FOUNDER JULIAN ASSANGE UNDER SECTION 793(E)
OF THE ESPIONAGE ACT
AGENCY: TASK: I&R SUSPENSE: ACD:
FILE NUMBER: 380.015

Source: http://www.dod.mil/pubs/foi/administration_and_Management/congressional/11-F-0636-Congressional-Correspondence-Log-USS-January-2008-March-2011a.pdf

I also request that, if appropriate, fees be waived as I believe this request is in the public interest.

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.

My work has been published in the Guardian, Salon, and featured by PBS Frontline, On The Media and Public Radio International. My work was also shortlisted for the 2013 Martha Gellhorn Prize for Journalism.

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 $100 (one-hundred U.S. dollars).

I would prefer the request be 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,

Alexa O'Brien

From: Gibbens, Curtis A CIV WHS ESD (US)

Dear Mr. O'Brien,

This is an interim response to your attached Freedom of Information Act (FOIA) request. Your request has been assigned case number 14-F-0143 and we ask that you use that number when referring to your request.

We will be unable to respond to your request within the FOIA's 20 day statutory time period as there are unusual circumstances which impact on our ability to quickly process your request. These unusual circumstances are: (a) the need to search for and collect records from a facility geographically separated from this office; (b) the potential volume of records responsive to your request; and (c) the need for consultation with one or more other agencies or DoD components having a substantial interest in either the determination or the subject matter of the records. For these reasons, your request has been placed in our complex processing queue and will be worked in the order the request was received. Our current administrative workload exceeds 1,200 open requests.

I am the action officer assigned to your request and can be reached at either curtis.a.gibbens.civ@mail.mil or (571) 372-0412. Please reference the case number indicated above in all correspondence with this office.

Respectfully,

Curtis Gibbens
OSD/JS FOIA Office
571-372-0412

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 Nov. 13, 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 #14-F-0143.

Thank you for your help.

From: Gibbens, Curtis A CIV WHS ESD (US)

Ms. Alexa O'Brian
MuckRock News
DEPT MR 8965
P.O. Box 55819
Boston, MA 02205-5819

Dear Ms. O'Brian,

This is in response to your attached Freedom of Information Act (FOIA) request. It was received in our office on November 13, 2013.

The document was located, however, it was addressed to the Attorney General. Therefore, we have referred the document to the Department of Justice (DoJ), for their review and direct response to you. You should direct any questions or comments to the DoJ at following address:

Office of Information Policy (OIP)
U.S. Department of Justice
Suite 11050
1425 New York Avenue, N.W.
Washington, D.C. 20530
Fax: (202) 514-1009
E-mail: DOJ.OIP.FOIA@usdoj.gov
http://www.justice.gov/oip/

This action closes your request with this office. There are no assessable fees associated with this response in this instance.

Sincerely,

Curtis Gibbens, FOIA Analyst
For Suzanne Council on behalf of
Paul Jacobsmeyer, Chief, Freedom of Information Act Division
Office of Freedom of Information OSD/JS FOIA Office
(571) 372-0412
curtis.a.gibbens.civ@mail.mil

From: MuckRock

Hello,

According to the email below, the attached FOIA request was forwarded to DOJ OIP by the Office of the Secretary of Defense. Please confirm receipt and provide a status update.

Thank you.

From: Jim Hogan

Ms. O'Brien,

The OSD FOIA Office properly referred your request with the responsive
document to the Department of Justice. Since the Department of Defense
is neither the recipient or sender of this letter, they would not have
the authority to release it.

However, I have found the document on the webpage of the Senate Select
Committee on Intelligence at
http://www.intelligence.senate.gov/press/record.cfm?id=328832. This is
the exact document that is referenced by the OSD Control Number OSD
14341-10.

Because the responsive document is already publicly available, I'll ask
the OSD FOIA Office to let DOJ know that they do not need to review the
document for release.

Please let me know if you are satisfied with this response.

Regards,

Jim Hogan

From: Curtis Gibbens

Dear Ms. O'Brien,

We will be discussing your request today and contacting you afterward.

If you wish to appeal, you may appeal to the appellate authority, the
Director of Administration and Management, Office of the Secretary of
Defense, by writing directly to the Defense Freedom of Information
Policy Office, Attn: Mr. James Hogan, 1155 Defense Pentagon,
Washington, D.C. 20301-1155. Your appeal should be within 60 calendar
days of the date closure, should cite to case number 14-F-0143, and
should be clearly marked "Freedom of Information Act Appeal."

Sincerely,

Curtis Gibbens
OSD/JS FOIA Office
571-372-0412

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