DeVos Marshals

Emma Best filed this request with the Department of Justice, Office of Information Policy of the United States of America.
Est. Completion None
Status
Fix Required

Communications

From: Michael Best

To Whom It May Concern:

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

Materials leading to and relating to the decision to provide Betsy DeVos with protection from the U.S. Marshals Service as reported by CNN. http://www.cnn.com/2017/02/18/politics/devos-marshals-service-protection/index.html

I am a member of the news media and request classification as such. I have previously written about the government and its activities for AND Magazine, MuckRock and Glomar Disclosure and have an open arrangement with each. My articles have been widely read, with some reaching over 100,000 readers. As such, as I have a reasonable expectation of publication and my editorial and writing skills are well established. In addition, I discuss and comment on the files online and make them available through the non-profit Internet Archive, disseminating them to a large audience. While my research is not limited to this, a great deal of it, including this, focuses on the activities and attitudes of the government itself. As such, it is not necessary for me to demonstrate the relevance of this particular subject in advance. Additionally, case law states that “proof of the ability to disseminate the released information to a broad cross-section of the public is not required.” Judicial Watch, Inc. v. Dep’t of Justice, 365 F.3d 1108, 1126 (D.C. Cir. 2004); see Carney v. U.S. Dep’t of Justice, 19 F.3d 807, 814-15 (2d Cir. 1994). Further, courts have held that "qualified because it also had “firm” plans to “publish a number of . . . ‘document sets’” concerning United States foreign and national security policy." Under this criteria, as well, I qualify as a member of the news media. Additionally, courts have held that the news media status "focuses on the nature of the requester, not its request. The provision requires that the request be “made by” a representative of the news media. Id. § 552(a)(4)(A)(ii)(II). A newspaper reporter, for example, is a representative of the news media regardless of how much interest there is in the story for which he or she is requesting information." As such, the details of the request itself are moot for the purposes of determining the appropriate fee category. As such, my primary purpose is to inform about government activities by reporting on it and making the raw data available and I therefore request that fees be waived. Per DOJ FOIA guidance, "a requester should be granted a fee waiver if the requested information (1) sheds light on the activities and operations of the government; (2) is likely to contribute significantly to public understanding of those operations and activities; and (3) is not primarily in the commercial interest of the requester." As this FOIA meets all of those requirements (see above), a fee waiver is warranted.

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,

Michael Best

From: Wassom, Leila (USMS)

Good morning,

I have been assigned to process your FOIA request to the U.S. Marshals Service. Attached please find a letter acknowledging your request.

Leila Wassom
FOI/PA Specialist
United States Marshals Service
Office of General Counsel
(703) 740-3972

From: Wassom, Leila (USMS)

Good afternoon,

The responsive documents in response to your FOIA request pertaining to the USMS protection of Betsy DeVos have been forwarded to the Department of Justice, Office of Information Policy (OIP) for processing and direct response to you. Their processing is currently in progress. OIP’s address is as follows:

Laurie Day
Chief, Initial Request Staff
Office of Information Policy
1425 New York Avenue, N.W, Suite 11050
Washington, D.C. 20520

Leila Wassom
FOI/PA Specialist
United States Marshals Service
Office of General Counsel
(703) 740-3972

From: Wassom, Leila (USMS)

You will have to follow-up with OIP. Please see address below.

Leila Wassom
FOI/PA Specialist
United States Marshals Service
Office of General Counsel
(703) 740-3972

From: Wassom, Leila (USMS)

Good afternoon,

In further response to your FOIA request to the U.S. Marshals Service pertaining to the USMS protection of Education Secretary Betsy DeVos, your request has been referred to the Department of Justice, Office of Information Policy, for processing and direct response to you.

Leila Wassom
FOI/PA Specialist
United States Marshals Service
Office of General Counsel
(703) 740-3972

Files

pages

Close