DHS Watchlist FOIA appeal materials

Shawn Musgrave filed this request with the Department of Homeland Security of the United States of America.
Tracking # 2015-HQFO-00091 ; 2015-HQAP-00029
Status
Completed

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:

-All processing notes, memos, evaluation forms or reports produced as part of processing 2014-HQAP-00073

-All emails sent to or from USCG Attorney Advisor Heather MacClintock between June 1, 2014 and the date this request is processed that contain either of the following keywords:

"Musgrave"
"MuckRock"
"watchlist"

To be clear, for the second item above, this is a request for separate keyword searches to be performed on Ms. McClintock's email account for each of the three indicated keywords. Please do not eliminate duplicate emails.

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: Shawn Musgrave

To be unmistakably clear, I am a news media requester who has published dozens of articles pertaining to FOIA and freedom of information on MuckRock as well as other outlets.

See, for example:

http://gothamist.com/2014/03/21/nypd_transparency.php

http://motherboard.vice.com/blog/where-is-the-paper-trail-for-the-fbis-drone-use

http://motherboard.vice.com/blog/the-nypd-is-foia-proof

https://www.muckrock.com/news/archives/2014/jul/24/fbi-refuses-release-drone-privacy-assessment/

https://www.muckrock.com/news/archives/2014/may/08/ofcourse-dhs-secretary-janet-napolitano-used-email/

As additional evidence of my qualification as a journalist, please consider the fact that two of my investigative projects have been funded by the Fund for Investigative Journalism:

http://fij.org/shining-a-light-on-boston-public-housing/
http://fij.org/under-all-seeing-eyes/

And, again, to be unmistakably clear, I assert that I am making this request in my capacity as a reporter. In addition to provide the documents I obtain under this FOIA request to the public for no charge via MuckRock, I will use my editorial skill to analyze and synthesize them into a unique work for public consumption. I assert that my primary interest in these documents is journalistic in nature in an attempt to inform the public about the processing of Freedom of Information Act requests by the Department of Homeland Security.

Please let me know right away if you require any additional information or clarification regarding my request for classification as a member of the news media, as well as regarding my concurrent request for a waiver of fees in light of the public interest to be served by this request.

Respectfully,

Shawn Musgrave
MuckRock

From: Ackerson, Amanda C CIV

Good morning,

After review, it has been determined that the requested records are under the purview of the Department of Homeland Security (DHS). Your request has been forwarded to them for processing and direct response to you.

You may contact DHS for status updates using the following information.

FOIA Officer
U.S. Department of Homeland Security
245 Murray Lane SW
STOP-0655
Washington, D.C. 20528-0655
Phone: 202-343-1743 or 866-431-0486
Fax: 202-343-4011
E-mail: foia@hq.dhs.gov

Please contact me if you have any further questions.
Regards,

Amanda C. Ackerson
Management and Policy Analyst
U.S. Coast Guard (CG-611)
Office of Information Management
2703 MARTIN LUTHER KING JR AVE SE STOP 7710
WASHINGTON DC 20593-7710
Phone: 202-475-3522
Fax: 202-475-3929

From: Shawn Musgrave

Hello,

It is unclear how the portion of the request regarding emails from the USCG attorney would be appropriately assigned to DHS rather than USCG.

Please advise immediately.

-Shawn

From: FOIA

Good afternoon,

For your awareness, your request is currently being reviewed. Once further action is taken, you will be notified.

Regards,

The Privacy Office
U.S. Department of Homeland Security
245 Murray Lane SW
STOP-0655
Washington, D.C. 20528-0655
Phone: 202-343-1743 or 866-431-0486
Fax: 202-343-4011
E-mail: foia@hq.dhs.gov<mailto:foia@hq.dhs.gov>

This communication, along with any attachments, is covered by federal and state law governing electronic communications and may contain confidential and legally privileged information. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution, use or copying of this message is strictly prohibited. If you have received this in error, please reply immediately to the sender and delete this message. Thank you.

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. 6, 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: DHS Privacy Office

Good Morning,
Attached is our acknowledgment to your DHS FOIA request.  If you need to contact this office again concerning your request, please provide the DHS reference number. This will enable us to quickly retrieve the information you are seeking and reduce our response time. This office can be reached at 866-431-0486.
Regards,
DHS Privacy Office
Disclosure & FOIA Program
STOP 0655
Department of Homeland Security
245 Murray Lane, SW
Arlington, VA 20598-0655
Telephone:  1-866-431-0486 or 703-235-0790
Fax:  703-235-0443
Visit our FOIA website
http://www.dhs.gov/foia>
This communication, along with any attachments, is covered by federal and state law governing electronic communications and may contain confidential and legally privileged information.  if the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution, use or copying of this message is strictly prohibited.

From: Shawn Musgrave

Associate General Counsel (General Law)
U.S. Department of Homeland Security
Mailstop 0655
Washington, D.C. 20528

January 8, 2015

To Whom It May Concern:

I hereby appeal my classification as a commercial requester for the purposes of fees for FOIA request 2015-HQFO-00091.

In my November 6, 2014 followup to my original request, I clearly indicated that I was acting in a journalistic capacity for this request by providing extensive indication of past publication across a range of subjects, including regarding FOIA policy matters and the Department of Homeland Security, in particular.

As such, I request that my fee status be changed to the appropriate category of media request.

Respectfully,

Shawn Musgrave
MuckRock

From: Department of Homeland Security

A letter stating that the request appeal has been received and is being processed.

From: Meus, Lauren M CIV

Mr. Musgrave:

Please find attached the FOIA Appeal Decision issued by Judge McKenna's office. Should you have any questions, please contact them directly.

Thank you,

Lauren Meus
Hearing Docket Clerk

From: Shawn Musgrave

Hello -

Please advise as to the status of this request. While the matter of the fee status has been adjudicated, it has been some time since I received any update as to the responsive records themselves.

Thank you,
Shawn Musgrave
MuckRock

From: FOIA

Greetings,

Thank you for contacting the DHS Privacy Office, you can check the status of your request at: http://www.dhs.gov//foia-status<http://www.dhs.gov/foia-status>. This office can be reached at 866-431-0486.

Regards,

DHS Privacy Office
Disclosure & FOIA Program
STOP 0655
Department of Homeland Security
245 Murray Lane, SW
Arlington, VA 20598-0655
Telephone: 1-866-431-0486 or 703-235-0790
Fax: 703-235-0443
Visit our FOIA website<http://www.dhs.gov/foia>

This communication, along with any attachments, is covered by federal and state law governing electronic communications and may contain confidential and legally privileged information. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution, use or copying of this message is strictly prohibited. If you have received this in error, please reply immediately to the sender and delete this message. Thank you.

From: Shawn Musgrave

Hello -

This was a specific request for an update as to this request. Please advise immediately as to its status.

Thank you,
Shawn Musgrave
MuckRock

From: FOIA

Greetings,

Thank you for contacting the DHS Privacy Office, you can check the status of your request at: http://www.dhs.gov//foia-status<http://www.dhs.gov/foia-status>. This office can be reached at 866-431-0486.

Regards,

DHS Privacy Office
Disclosure & FOIA Program
STOP 0655
Department of Homeland Security
245 Murray Lane, SW
Arlington, VA 20598-0655
Telephone: 1-866-431-0486 or 703-235-0790
Fax: 703-235-0443
Visit our FOIA website<http://www.dhs.gov/foia>

This communication, along with any attachments, is covered by federal and state law governing electronic communications and may contain confidential and legally privileged information. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution, use or copying of this message is strictly prohibited. If you have received this in error, please reply immediately to the sender and delete this message. Thank you.

From: foia@hq.dhs.gov


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