Department of Transportation (WikiLeaks)

November 27, 2013

To Whom It May Concern:

This letter constitutes a request under the Freedom of Information Act (“FOIA”), 5 U.S.C. § 552, and is submitted on behalf of journalist Alexa O’Brien.

I seek any and all documents in the Department of Transportation’s possession that pertain to the WikiLeaks website or organization from January 2006 to the present date.

I am a “representative of the news media” for fee waiver purposes. See Project on Military Procurement v. Department of the Navy, 710 F. Supp. 362, 363, 365 (D.C.D. 1989). My work has been published in The Cairo Review of Global Affairs, Guardian UK, Salon, and featured by PBS Frontline, On The Media and Public Radio International. Based on my status as a “news media” requester, I am entitled to receive the requested record with only duplication fees asserted. Further, because disclosure of this information will “contribute greatly to the public understanding of the operation or activities of the government,” duplication fees should be waived.

There is a compelling need for the requested documents such that expedited processing is appropriate. I am engaged in disseminating information. There exists an urgent need to inform the public concerning actual or alleged Federal Government activity. As 5 U.S.C. § 552(a)(6)(E)(ii)(I) provides, I will anticipate your determination on our request within ten (10) calendar days.

I requests that in the event that access to any of the requested records is denied pursuant to 5 U.S.C. § 552(b), I be provided with all non-exempt portions which are reasonably segregable. I further request that you describe the deleted material in detail and specify the statutory basis for the denial as well as your reasons for believing that the alleged statutory justification applies in this instance. Please separately state your reasons for not invoking your discretionary powers to release the requested documents. Such statements will be helpful in deciding whether to appeal an adverse determination, and in formulating arguments in case an appeal is taken. I reserve my right to appeal the withholding or deletion of any information and expect that you will list the office and address were such an appeal can be sent.

I requests that documents responsive to this request be provided to me in electronic format on a CD-ROM.

Thank you in advance for your prompt attention to this request.

Sincerely,

Alexa O’Brien

Kathy Ray
Departmental FOIA Officer
(202) 366-5546

On November 27, 2013 I sought any and all documents in the Department of Transportation’s possession that pertain to the WikiLeaks website or organization from January 2006 to the present date.

On November 29, 2013, you wrote, "Would you please clarify "pertain" to the WikiLeaks website? Our e-mail searches are conducted on a computer-by-computer basis, so we can't globally search everyone's e-mails for the key term "WikiLeaks." Would notice(s) to employees regarding not accessing the site satisfy your request? "

I am seeking records in your possession that resulted from:

A. The publication of U.S. government and military material on the WikiLeaks website to include any contact or correspondence the Department of Transportation had with government officials, members of Congress, the press, media, or journalists.

B. Intelligence, counterterrorism & counterintelligence investigations involving WikiLeaks

C. Intelligence analysis of the WikiLeaks organization or its publications.

D. Criminal investigations of Wikileaks

E. The prosecution and court-martial of US Army Pfc. Bradley (now Chelsea) Manning, the soldier convicted on twenty counts and sentenced to 35 years for disclosing information to WikiLeaks.

F. Mitigation efforts in response to the unauthorized disclosure to and publication by WikiLeaks of US government of military material.

G. Impact assessment efforts regarding Wikileaks disclosures to include the impact on Department of Transportation, military operations and military-to-military and/or foreign relations.

Let me know if this answers your request sufficiently.

Best,

Alexa O'Brien
(646) 583-1674