DHS OIG sexual abuse reports (first release)
| Tracking # |
2014-019 ; 2014-A03 |
| Submitted | Nov. 13, 2013 |
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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 final or closing reports for the following case numbers:
I03-CBP-MCA-30536
I03-CBP-ELP-06109
I05-ICE-OSI-12553
I07-CBP-ELP-01436
I07-CBP-DET-05574
I07-CBP-ELP-08065
I08-TSA-ATL-01215
I08-ICE-ELC-01856
I08-TSA-BOS-04602
I09-CBP-SEA-00412
I09-CBP-ELP-00507
I09-CBP-ATL-01148
I09-CBP-BOS-02689
I09-ICE-DAL-06228
I09-CBP-LAR-07440
I09-CBP-DET-07601
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: Teal, Kirsten
Mr. Musgrave,
Thank you for your interest in the Department of Homeland Security (DHS) Office of Inspector General (OIG). Attached please find DHS-OIG's acknowledgement letter to your FOIA requests.
Sincerely,
Kirsten Teal
Kirsten V. Teal
FOIA/PA Disclosure Specialist
U.S. Department of Homeland Security
Office of Inspector General
Office of Counsel
Phone: 202-632-0346
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 #2014-019.
Thank you for your help.
From: Teal, Kirsten
Mr. Musgrave,
Thank you for your interest in the Department of Homeland Security (DHS) Office of Inspector General (OIG). Attached please find DHS-OIG's fee estimate letter in response to the above-referenced FOIA request.
Sincerely,
Kirsten V. Teal
FOIA/PA Disclosure Specialist
U.S. Department of Homeland Security
Office of Inspector General
Office of Counsel
Phone: 202-632-0346
From: Shawn Musgrave
Ms. Teal:
I agree to limit the scope of my request to the ROI.
However, I contest my categorization as a commercial requester. I am more properly categorized as a journalist. Here are a selection of recent articles I have written for a number of outlets:
VICE / Motherboard:
http://motherboard.vice.com/blog/the-department-of-defense-cant-find-any-of-its-drone-crash-data
http://motherboard.vice.com/blog/the-faas-selection-of-six-drone-test-sites-comes-a-year-late
Boston Globe:
Please amend my request as applicable and provide a new fee estimate.
Thank you,
Shawn
From: Teal, Kirsten
Mr. Musgrave,
To confirm, you are agreeing to the narrow the scope of your FOIA request to receive the main Report of Investigation (ROI) only, excluding the exhibits attached to the ROI, as we suggested in our response letter. Is this what you agree to receive?
If you wish to contest our fee category determination, you will need to submit an appeal in writing with any supporting documentation you feel is appropriate. This is explained in our response letter.
In the meantime, we can send you a new fee estimate based on your narrowed request.
Sincerely,
Kirsten Teal
From: Shawn Musgrave
Ms. Teal,
I agree to narrow the scope of my FOIA request to receive the main Report of Investigation (ROI) only, excluding the exhibits attached to the ROI.
I will submit a formal appeal of fee categorization, but hoped you would see fit to correct the error without an appeal. In the past, DHS OIG has appropriately categorized me as a journalist.
Best,
Shawn Musgrave
MuckRock
From: Shawn Musgrave
FOIA / PA Appeals Unit
DHS/Inspector General
STOP 2600
245 Murray Drive, SW, Building 410
Washington, DC 20528
January 8, 2014
To Whom It May Concern:
I am writing to appeal my categorization as a commercial requester for 2014-019 (acknowledgement letter attached). A hard copy of this appeal is being sent to the address above.
I am an investigative journalist, and have no commercial interest in this request. Here is a selection of my most recent publications:
VICE / Motherboard:
http://motherboard.vice.com/blog/the-department-of-defense-cant-find-any-of-its-drone-crash-data
http://motherboard.vice.com/blog/the-faas-selection-of-six-drone-test-sites-comes-a-year-late
Boston Globe:
Based on my publication history for outside outlets as well as for the MuckRock site, a plain-text reading of the FOIA statute and attending regulations suggests that my appropriate fee category is media, rather than commercial.
Again, I have no commercial interest in this request whatsoever, but seek the documents as part of an ongoing investigation. In the past, DHS OIG has categorized me as a non-commercial requester (see attached acknowledgement letter for 2013-047 from March 2013). I am aware that the DHS Privacy Office has issued guidance on the fee categorization of users and staff of the MuckRock site. In Mr. Holzer's September 26, 2013 memo on the subject, DHS FOIA components are directed that "requesters using MuckRock's services may qualify for [media requester] status" and that a "case-by-case review" is the standard as for all FOIA requesters. In this case, I am indubitably a journalist, particularly in light of the 2007 FOIA amendments, and certainly not a commercial requester.
Please revise my categorization immediately.
Thank you,
Shawn Musgrave
MuckRock
From: FOIA OIG
Mr. Musgrave,
As we have previously corresponded regarding this FOIA request, we are currently searching for the requested documents, as you have agreed to narrow the scope of your request. We cannot give you an estimated completion date until we receive the records.
Sincerely,
Kirsten Teal
From: FOIA OIG
Mr. Musgrave:
Attached please find DHS-OIG's acknowledgement letter to the above-referenced FOIA Appeal.
Sincerely,
FOIA/DHS-OIG
From: FOIA OIG
Mr. Musgrave,
Your FOIA request is pending appeal. However, I will check on the status of your appeal with our appellate attorney, and get back to you.
Sincerely,
Kirsten Teal
FOIA/DHS-OIG
From: Kendrick, Jennifer A.
Dear Mr. Musgrave,
I am the attorney reviewing your administrative appeal of the Office of Inspector General's (OIG's) initial response to your Freedom of Information Act (FOIA) request for the "final or closing reports" for sixteen enumerated cases. (FOIA Request No. 2014-019)
Could you please provide more information regarding your intended use of any information obtained by your FOIA request? According to your initial request, you intend to make any information received "available to the general public free of charge as part of the public information service at Muckrock.com...."
In your administrative appeal, you state that you are an investigative journalist, and provide links to your past publications, but you do not specify the purpose of requesting the above-described information, other than "as part of an ongoing investigation." Given that your request is made as a representative of "Muckrock" and that Muckrock is not necessarily considered a member of the news media, please provide more information about the intended use of the information you have requested.
For example, how will you make any documents obtained available to the public? (E.g. will you post the records on Muckrock's website, or are the records the subject of a planned news article?) Is Muckrock assessing fees to any person or entity for this activity?
If I do not receive a response from you by Friday, July 11, 2014, I will assume you are no longer interested in pursuing this administrative appeal.
Thank you.
Jennifer Ashworth Kendrick
Assistant Counsel to the Inspector General
Office of Inspector General, Department of Homeland Security
(202) 254-4096 (o)
(202) 497-7021 (c)
From: Shawn Musgrave
Ms. Kendrick -
I am absolutely still interested in pursuing this appeal. Given the six months that have passed between your appeal acknowledgement and this latest correspondence, I feel compelled to register my concern that you would allow such a short window to confirm my "interest" in this appeal.
Per your request for clarification: I will be posting these documents online in full on MuckRock.com. There will be fee or charge for anyone with an Internet connection to access, download and examine the requested documents for themselves.
As I indicated previously, I am requesting these documents as part of an ongoing investigation from which I plan to publish one or more articles. Any articles produced that incorporate these documents will be published on MuckRock, where they will be freely available for all to access online.
Please let me know if you require additional information. As I have noted, DHS OIG has correctly classified me as a journalist for past FOIA requests, and I respectfully request that you do the same in this case.
Best,
Shawn Musgrave
MuckRock
From: Kendrick, Jennifer A.
Mr. Musgrave,
Thank you for your quick response. I apologize for the delay in responding to your appeal, and only attached a deadline to your response because I have been unable to reach you regarding similar questions on a separate appeal from you (2014-A05). For that appeal, I have attempted to contact you since May 22, 2014 (at the email address you provided), and have not yet received a response.
A follow-up to my question about fees -- I understand that you will not assess fees for posting the information, but please advise whether Muckrock has already assessed, or plans to assess fees to any person or entity for any other activity related to this request, such as filing the request, communicating with OIG employees, or even filing an administrative appeal.
Thank you, again.
From: Shawn Musgrave
Ms. Kendrick -
I apologize for the delay on 2014-A05. I will look into that appeal, and respond as soon as I can.
This request was filed on my own behalf. As such, no fees were assessed by MuckRock for the filing of the request, appeal or any communications. The appropriate inquiry in this case is the capacity in which I've filed this request. In this regard, I unquestionably qualify as a journalist for the purposes of FOIA fees.
Please let me know if I can provide any additional information.
-Shawn
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 #2014-019 ; 2014-A03.
Thank you for your help.
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 #2014-019 ; 2014-A03.
Thank you for your help.
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 #2014-019 ; 2014-A03.
Thank you for your help.
From: FOIA OIG
Mr. Musgrave,
It was my understanding our appellate attorney Jen Kendrick was in contact with you regarding your appeal. Some appeals have been reassigned as that attorney is on leave at the moment. I can try to check on the status of that appeal.
Could you possibly forward me the communication you had with Ms. Kendrick? I just want to make sure the new attorney has all the information.
Thank you
Kirsten Teal
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~WRD000
From: Shawn Musgrave
Ms. Teal -
All correspondence with Ms. Kendrick regarding this FOIA are below. Please provide an update right away, as my appeal as well as the request itself have been outstanding for several months.
Best,
Shawn Musgrave
MuckRock
From: Shawn Musgrave
Ms. Teal -
I apologize for the confusion. I somehow missed that the two submitted requests had been combined. Again, please find all correspondence with Ms. Kendrick below.
Please let me know if I can provide any further materials to move this request along.
Best,
Shawn Musgrave
MuckRock
From: Holliday-McDonald, Melinda
Mr. Musgrave,
In Ms. Kendrick's absence, I have been asked to handle responding to your appeal regarding you being classified as a commercial requestor. I have reviewed the prior email communications between you and Ms. Kendrick regarding the purpose for which you request the documents. I understand that it is your intent to publish the documents on your website and charge a fee to anyone who would like to download the documents for themselves. I also understand that you are requesting the documents as part of an "ongoing investigation" you are conducting and plan on publishing one or more articles to be posted on your website for public viewing.
Can you please elaborate on the "ongoing investigation" and its purpose? Is this an investigation you are conducting for yourself? Is it an investigation you are conducting on behalf of someone else? Have you charged anyone a fee with regards to the investigation? Have you received (or will receive) and compensation from anyone for any purpose related to the investigation or documents you have requested?
Thank you in advance for your responses.
Melinda Holliday McDonald.
Melinda D. Holliday McDonald, Esq., CIPP/G
Assistant Counsel to the Inspector General
DHS/OIG/Office of Counsel
451 Murray Dr, SW.
Stop 0305
Washington, DC 20528
O: (202) 254-4284 M: (202) 321-2972 F: (202) 254-4398
melinda.holliday@oig.dhs.gov<mailto:melinda.holliday@oig.dhs.gov>
*** Warning *** Attorney/Client Privilege *** Attorney Work Product ***
This communication and any attachments may contain confidential and/or sensitive attorney/client privileged information or attorney work product and/or law enforcement sensitive information. It is not for release, review, retransmission, dissemination, or use by anyone other than the intended recipient. Please notify the sender if this email has been misdirected and immediately destroy all originals and copies. Furthermore do not print, copy, re-transmit, disseminate, or otherwise use this information. Any disclosure of this communication or its attachments must be approved by the Office of Counsel, Office of Inspector General. This document is for INTERNAL GOVERNMENT USE ONLY and may be exempt from disclosure under the Freedom of Information Act, 5 USC §§ 552(b)(5), (b)(7).
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From: Holliday-McDonald, Melinda
Mr. Musgrave,
In Ms. Kendrick's absence, I have been asked to handle responding to your appeal regarding you being classified as a commercial requestor. I have reviewed the prior email communications between you and Ms. Kendrick regarding the purpose for which you request the documents. I understand that it is your intent to publish the documents on your website and charge a fee to anyone who would like to download the documents for themselves. I also understand that you are requesting the documents as part of an "ongoing investigation" you are conducting and plan on publishing one or more articles to be posted on your website for public viewing.
Can you please elaborate on the "ongoing investigation" and its purpose? Is this an investigation you are conducting for yourself? Is it an investigation you are conducting on behalf of someone else? Have you charged anyone a fee with regards to the investigation? Have you received (or will receive) and compensation from anyone for any purpose related to the investigation or documents you have requested?
Thank you in advance for your responses.
Melinda Holliday McDonald.
Melinda D. Holliday McDonald, Esq., CIPP/G
Assistant Counsel to the Inspector General
DHS/OIG/Office of Counsel
451 Murray Dr, SW.
Stop 0305
Washington, DC 20528
O: (202) 254-4284 M: (202) 321-2972 F: (202) 254-4398
melinda.holliday@oig.dhs.gov<mailto:melinda.holliday@oig.dhs.gov>
*** Warning *** Attorney/Client Privilege *** Attorney Work Product ***
This communication and any attachments may contain confidential and/or sensitive attorney/client privileged information or attorney work product and/or law enforcement sensitive information. It is not for release, review, retransmission, dissemination, or use by anyone other than the intended recipient. Please notify the sender if this email has been misdirected and immediately destroy all originals and copies. Furthermore do not print, copy, re-transmit, disseminate, or otherwise use this information. Any disclosure of this communication or its attachments must be approved by the Office of Counsel, Office of Inspector General. This document is for INTERNAL GOVERNMENT USE ONLY and may be exempt from disclosure under the Freedom of Information Act, 5 USC §§ 552(b)(5), (b)(7).
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From: Holliday-McDonald, Melinda
Mr. Murdock,
On October 30, 2014, I sent you the below email regarding your appeal of the decision to classify you as a commercial requestor. To date I have not received a response from you. Again, I am attempting to contact you to ascertain the answers to my questions below. Please be advised, if I do not receive a response from you by close of business Monday, January 29, 2014, I will proceed to respond to your appeal with the current information I have available to me. Thank you for your prompt attention in this matter.
Melinda Holliday McDonald.
Melinda D. Holliday McDonald, Esq., CIPP/G
Assistant Counsel to the Inspector General
O: (202) 254-4284 M: (202) 321-2972 F: (202) 254-4398
melinda.holliday@oig.dhs.gov
*** Warning *** Attorney/Client Privilege *** Attorney Work Product ***
This communication and any attachments may contain confidential and/or sensitive attorney/client privileged information or attorney work product and/or law enforcement sensitive information. It is not for release, review, retransmission, dissemination, or use by anyone other than the intended recipient. Please notify the sender if this email has been misdirected and immediately destroy all originals and copies. Furthermore do not print, copy, re-transmit, disseminate, or otherwise use this information. Any disclosure of this communication or its attachments must be approved by the Office of Counsel, Office of Inspector General. This document is for INTERNAL GOVERNMENT USE ONLY and may be exempt from disclosure under the Freedom of Information Act, 5 USC §§ 552(b)(5), (b)(7).
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From: Holliday-McDonald, Melinda
Mr. Musgrave,
Per my email below a response from you is due to my office no later than next week Monday, December 29, 2014. If I do not hear from you I will proceed to process your appeal with the information I have below. Thanks.
Melinda Holliday McDonald
Melinda D. Holliday McDonald, Esq., CIPP/G
Assistant Counsel to the Inspector General
O: (202) 254-4284 M: (202) 321-2972 F: (202) 254-4398
melinda.holliday@oig.dhs.gov
*** Warning *** Attorney/Client Privilege *** Attorney Work Product ***
This communication and any attachments may contain confidential and/or sensitive attorney/client privileged information or attorney work product and/or law enforcement sensitive information. It is not for release, review, retransmission, dissemination, or use by anyone other than the intended recipient. Please notify the sender if this email has been misdirected and immediately destroy all originals and copies. Furthermore do not print, copy, re-transmit, disseminate, or otherwise use this information. Any disclosure of this communication or its attachments must be approved by the Office of Counsel, Office of Inspector General. This document is for INTERNAL GOVERNMENT USE ONLY and may be exempt from disclosure under the Freedom of Information Act, 5 USC §§ 552(b)(5), (b)(7).
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From: Shawn Musgrave
Ms. McDonald -
Apologies for the delay — your last message indicated that a response was due by January 29, and not December 29 (see below).
This is part of an ongoing investigation in my capacity as a journalist and investigative reporter. I have not been paid nor charged a fee for this investigation.
Please let me know if I can provide any further information or clarify any details of my appeal.
Best,
Shawn Musgrave
From: Holliday-McDonald, Melinda
Mr. Musgrave,
I apologize for the mix-up in the dates. I inadvertently typed “January” instead of “December” in my initial email to you. Thanks for your response. However, I do have one more question before I can make a decision. Specifically, as stated my initial email, “have you received (or will receive) any compensation from anyone for any purpose related to the investigation or documents you have requested?” As soon as you can provide me a response I will move forward with making a decision on your appeal. Please be advised, if I do not receive a response from you by close of business Friday, January 16, 2015, I will proceed to respond to your appeal with the current information I have available to me. Thank you for your prompt attention in this matter.
Melinda Holliday McDonald
Melinda D. Holliday McDonald, Esq., CIPP/G
Assistant Counsel to the Inspector General
O: (202) 254-4284 M: (202) 321-2972 F: (202) 254-4398
melinda.holliday@oig.dhs.gov
*** Warning *** Attorney/Client Privilege *** Attorney Work Product ***
This communication and any attachments may contain confidential and/or sensitive attorney/client privileged information or attorney work product and/or law enforcement sensitive information. It is not for release, review, retransmission, dissemination, or use by anyone other than the intended recipient. Please notify the sender if this email has been misdirected and immediately destroy all originals and copies. Furthermore do not print, copy, re-transmit, disseminate, or otherwise use this information. Any disclosure of this communication or its attachments must be approved by the Office of Counsel, Office of Inspector General. This document is for INTERNAL GOVERNMENT USE ONLY and may be exempt from disclosure under the Freedom of Information Act, 5 USC §§ 552(b)(5), (b)(7).
From: Shawn Musgrave
Ms. Holliday McDonald -
Thank you for getting back to me. As I wrote in my previous email, the only compensation I have received or will receive related to these documents is in my capacity as an investigative journalist. I have not submitted this FOIA request on behalf of any other individual or organization in exchange for a fee, if that helps to clarify further.
Please advise as to whether this answers your question sufficiently. I would be happy to provide further details, if needed.
Best,
Shawn
From: Holliday-McDonald, Melinda
Mr. Musgrave,
Thanks for your response. There is one thing I need clarification on. In your most recent response to me you stated: “the only compensation I have received or will receive related to these documents is in my capacity as an investigative journalist.” What does that mean? Specifically, from whom and what purposes do you envision receiving compensation for? As previously stated, , if I do not receive a response from you by close of business Friday, January 16, 2015, I will proceed to respond to your appeal with the current information I have available to me. Thank you for your prompt attention in this matter.
Melinda Holliday McDonald
Melinda D. Holliday McDonald, Esq., CIPP/G
Assistant Counsel to the Inspector General
O: (202) 254-4284 M: (202) 321-2972 F: (202) 254-4398
melinda.holliday@oig.dhs.gov
*** Warning *** Attorney/Client Privilege *** Attorney Work Product ***
This communication and any attachments may contain confidential and/or sensitive attorney/client privileged information or attorney work product and/or law enforcement sensitive information. It is not for release, review, retransmission, dissemination, or use by anyone other than the intended recipient. Please notify the sender if this email has been misdirected and immediately destroy all originals and copies. Furthermore do not print, copy, re-transmit, disseminate, or otherwise use this information. Any disclosure of this communication or its attachments must be approved by the Office of Counsel, Office of Inspector General. This document is for INTERNAL GOVERNMENT USE ONLY and may be exempt from disclosure under the Freedom of Information Act, 5 USC §§ 552(b)(5), (b)(7).
From: Shawn Musgrave
Ms. Holliday McDonald -
To answer your question regarding my salary, like all reporters I am paid to report. A significant part of my job description at MuckRock involves journalistic research and publication of original reporting. This request was submitted in this capacity.
I just saw a typo in my original request which you seem to pull from in your October 30, 2014 message: I mistakenly wrote on July 7, 2014, “There will be fee or charge for anyone with an Internet connection to access, download and examine the requested documents for themselves.” This sentence ought to have read, “There will be no fee or charge for anyone with an Internet connection to access, download and examine the requested documents for themselves.” That is, the requested documents will be posted online for anyone with an Internet connection to access, free of charge.
Please let me know if this addresses your questions sufficiently.
Best,
Shawn Musgrave
MuckRock
From: Holliday-McDonald, Melinda
Mr. Musgrave,
Thank you for your response. I have sufficient information to proceed with reviewing your appeal and issue a decision. You should have a response within the next few weeks.
Melinda
Melinda D. Holliday McDonald, Esq., CIPP/G
Assistant Counsel to the Inspector General
O: (202) 254-4284 M: (202) 321-2972 F: (202) 254-4398
melinda.holliday@oig.dhs.gov
*** Warning *** Attorney/Client Privilege *** Attorney Work Product ***
This communication and any attachments may contain confidential and/or sensitive attorney/client privileged information or attorney work product and/or law enforcement sensitive information. It is not for release, review, retransmission, dissemination, or use by anyone other than the intended recipient. Please notify the sender if this email has been misdirected and immediately destroy all originals and copies. Furthermore do not print, copy, re-transmit, disseminate, or otherwise use this information. Any disclosure of this communication or its attachments must be approved by the Office of Counsel, Office of Inspector General. This document is for INTERNAL GOVERNMENT USE ONLY and may be exempt from disclosure under the Freedom of Information Act, 5 USC §§ 552(b)(5), (b)(7).
From: FOIA OIG
Mr. Musgrave:
Attached please find DHS-OIG's final response to the above-referenced FOIA Appeal.
Sincerely,
FOIA/DHS-OIG
From: FOIA OIG
Mr. Musgrave,
Thank you for your interest in the Department of Homeland Security (DHS) Office of Inspector General (OIG). Attached please find DHS-OIG's final response to the above referenced FOIA request.
Sincerely,
Kirsten Teal
U.S. Department of Homeland Security
Office of Inspector General
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