CRD review of Todashev shooting 60-day report

Shawn Musgrave filed this request with the Department of Justice, Civil Rights Division of the United States of America.
Tracking # 15-00023-F ; AP-2015-01639
Est. Completion None
Status
No Responsive Documents

Communications

From: Shawn Musgrave

To Whom It May Concern:

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

The CRD review, final determination and notification of determination regarding the 60-day inquiry report submitted by the FBI following the shooting death of Ibragim Todashev.

Such a 60-day inquiry report and review by the CRD is required under the MOU between the FBI and CRD outlining FBI reporting requirements for shooting death incidents (available online here: https://www.muckrock.com/foi/united-states-of-america-10/fbi-crd-agreement-on-reporting-of-injury-or-death-incidents-department-of-justice-civil-rights-division-11538/#1304867-mou-fbi).

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 at MuckRock.com, processed by a representative of the news media/press and is made in the process of news gathering and not for commercial usage.

In the event that fees cannot be waived, 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,

Shawn Musgrave

From: Department of Justice, Civil Rights Division

An acknowledgement letter, stating the request is being processed.

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 Oct. 16, 2014. Please let me know when I can expect to receive a response, or if further clarification is needed.

Thank you for your help.

From: FOIArequests, CRT (CRT)

Good Afternoon Mr. Musgrave:

Attached please find our response letter to your below FOIA request.

From: Shawn Musgrave

Hello,

In the final response for request 15-00023-F, CRD FOIA staff indicated that CRD does not maintain records response to my request for the CRD review of the requested 60-day report, and indicated that responsive records might be held with the FBI as the "originating" agency.

The records requested herein originated with CRD, not with the FBI. While I did submit a separate request for the 60-day report itself for the shooting incident indicated here, the present request (15-00023-F) is for documents produced by CRD in the process of reviewing that report and determining whether to initiate a criminal investigation.

Per the June 2000 MOU provided by CRD in response to a previous FOIA request (available online at https://muckrock.s3.amazonaws.com/foia_files/MOU_FBI.pdf) regarding the procedure for FBI report of shooting incidents to CRD:

When [the FBI] have completed this initial 60 day inquiry, [the FBI] will provide us-with a written copy of the report and, if [the FBI] wish, make an oral presentation to a reviewing attorney in the [Criminal Section, Civil Rights Division]. We anticipate that our decision whether to initiate a criminal investigation will be made within a week thereafter.

The present request is for documents produced by CRD in the course making such a decision as to whether to initiate a criminal investigation in the shooting of Mr. Todashev by an FBI agent — namely, any and all memos, reports or other documents outlining such a review of the FBI's 60-day report; the final determination of the CRD's review; and all communications with the FBI of such a determination.

Please confirm receipt of this communication immediately, so that I may appeal CRD's adverse determination if necessary.

Best,
Shawn Musgrave
MuckRock

From: FOIArequests, CRT (CRT)

Attached please find the response letter for 15-00023-F.

From: Shawn Musgrave

Hello,

Please advise as to the appropriate appeal authority to which I may appeal the attached determination.

Thank you.

From: Shawn Musgrave

Hello,

Once again I respectfully request that you advise as to the appropriate appeal authority.

Thank you,
Shawn Musgrave
MuckRock

From: FOIArequests, CRT (CRT)

Good Afternoon:

Please find below information on submitting an appeal.

Should you wish to appeal my decision with respect to your request, you may do so by writing to the Director, Office of Information Policy (OIP), United States Department of Justice, 1425 New York Avenue, N. W., Suite 11050, Washington, DC 20530. Your appeal must be received by OIP within sixty (60) days of the date of this letter in order to be considered timely. The envelope should be marked "FOI/PA Appeal". You may also submit your appeal via OIP’s electronic portal at (http://www.justice.gov/oip/efoia-portal.html). Following review by the Department, judicial review of the decision of the Attorney General is available in the United States District Court in the judicial district in which you reside, in which you have your principal place of business, or in the District of Columbia.

From: Shawn Musgrave

Director, Office of Information Policy (OIP)
United States Department of Justice
1425 New York Avenue, N. W., Suite 11050
Washington, DC 20530

January 8, 2015

To Whom It May Concern:

This is an appeal of the adequacy of search for FOIA request 15-00023-F, in which I requested the following from the Department of Justice, Civil Rights Division:

The CRD review, final determination and notification of determination regarding the 60-day inquiry report submitted by the FBI following the shooting death of Ibragim Todashev.

(Please note that the CRD errantly combined the above with a separate request for documents submitted to the CRD by the FBI, a matter which I have attempted to rectify without success or response from the CRD, and which I am appealing separately. This is an appeal solely for the request for CRD documents created as part of its review of the FBI's 60-day inquiry report submitted following the shooting death of Ibragim Todashev.)

In the attached final response letter, CRD indicated that it had been unable to locate any documents responsive to my request. As I noted in my original request, the CRD's review of the FBI's 60-day inquiry report is required under the MOU between the FBI and CRD outlining FBI reporting requirements for shooting death incidents (available online here: https://www.muckrock.com/foi/united-states-of-america-10/fbi-crd-agreement-on-reporting-of-injury-or-death-incidents-department-of-justice-civil-rights-division-11538/#1304867-mou-fbi). As such, it is difficult to understand how CRD failed to locate said review, final determination and notification to the FBI of its findings, particularly given that the shooting of Mr. Todashev took place in May 2013.

As such, I request that this FOIA request be remanded back to CRD for a good faith search for responsive documents.

Respectfully,

Shawn Musgrave
MuckRock

From: OIP-NoReply

Please do not reply to this e-mail, as this account is not monitored. To ensure a prompt reply, please direct any inquiries to the contact information listed in the correspondence provided to you. Thank you.

From: OIP-NoReply

Please do not reply to this e-mail, as this account is not monitored. To ensure a prompt reply, please direct any inquiries to the contact information listed in the correspondence provided to you. Thank you.

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