|Submitted||May 22, 2014|
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To Whom It May Concern:
This is a request under the Freedom of Information Act. I hereby request the following records:
I request access to and copies of records regarding the vacuum cleaner designed by Khalid Sheikh Mohammed while detained in Romania by the Central Intelligence Agency, including any plans, sketches, or personal documents of Mohammed's related to the vacuum cleaner.
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.
The request has been rejected, with the agency stating that it can neither confirm nor deny the existence of the requested documents.
I'd like to appeal the CIA's Glomar response in this request, as the existence of Khalid Sheikh Mohammed's vacuum cleaner designs was confirmed by a former CIA official to the Associated Press, and the detention during which Mohammed produced those designs was also confirmed by multiple officials to the AP. (See: http://bigstory.ap.org/article/ap-exclusive-cia-and-secret-vacuum-cleaner)
The Second Circuit Court of Appeals ruled in 2009 that an agency "loses its ability to provide a Glomar response when the existence or nonexistence of the particular records covered by the Glomar response" has been acknowledged by officials.
In this case, the CIA is unable to credibly deny the existence of such records, a fact upon which I base my appeal of the Glomar decision in this request.
A letter stating that the request appeal has been received and is being processed.
A letter stating that the request appeal has been rejected.