Documents on "The Declaration" - DOJ (Eastern District of PA)

To Whom It May Concern:

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

Any and all documents pertaining to the Philadelphia-based online publication "The Declaration" (PhillyDeclaration.org) and its editors, Kenneth Lipp and Dustin Slaughter.

Requested documents should include but not be limited to: all emails, email attachments, slide presentations, photographs, white papers, screen captures of social media (Twitter and Facebook) and any other records which, though not specifically requested, bear a reasonable relationship to the subject matter of this request.

The time frame for this request is from 1 January 2013 up to and including the date that this request is officially processed.

We are including the following keywords to assist researchers: "Smokedown Prohibition", "Delaware Valley Intelligence Center", "Kenneth Lipp", and "Dustin Slaughter".

I expect to be provided with all segregable portions of otherwise exempt material. Please separately state your reasons for not invoking your discretionary powers to release requested documents in the public interest.

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,

Dustin Slaughter
Kenneth Lipp

Dear Miss Hartman,

I greatly appreciate your prompt response. I would prefer to communicate over email on this matter, so both you and I have a paper trail to refer to if necessary.

Here's why I believe this request is relevant to USAPAE:

In the process of covering "Smokedown Prohibition" court proceedings, our co-editor, Kenneth Lipp, observed video on Richard Goldberg's laptop that Mr. Lipp had previously shot of what took place at various Smokedown events. We are also acutely aware of other law enforcement agencies monitoring our website and respective social media accounts.

It is for these reasons that we believe this request, while perhaps rather broad in scope, should nonetheless be fulfilled to the best of your office's ability.

Thank you for your time and consideration, and I look forward to hearing from you soon.

Principally, Mr. Richard Tomaccio (a.k.a. N.A. Poe).

A docket number would be very helpful. Thank you.

Hello,

Below please find a FOIA request originally submitted to the EOUSA, Eastern District of Pennsylvania, which indicated that it should be sent to EOUSA HQ. Please confirm receipt and begin processing.

Thank you.

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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:

Any and all documents pertaining to the Philadelphia-based online publication "The Declaration" (PhillyDeclaration.org) and its editors, Kenneth Lipp and Dustin Slaughter.

Requested documents should include but not be limited to: all emails, email attachments, slide presentations, photographs, white papers, screen captures of social media (Twitter and Facebook) and any other records which, though not specifically requested, bear a reasonable relationship to the subject matter of this request.

The time frame for this request is from 1 January 2013 up to and including the date that this request is officially processed.

We are including the following keywords to assist researchers: "Smokedown Prohibition", "Delaware Valley Intelligence Center", "Kenneth Lipp", and "Dustin Slaughter".

I expect to be provided with all segregable portions of otherwise exempt material. Please separately state your reasons for not invoking your discretionary powers to release requested documents in the public interest.

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,

Dustin Slaughter
Kenneth Lipp

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Feb. 7, 2014. Please let me know when I can expect to receive a response, or if further clarification is needed.

Thank you for your help.

Hello,

A copy of the below appeal has been sent in writing to OIP. Please confirm receipt.

Thank you.

=========
Office of Information Policy (OIP)
U.S. Department of Justice
Suite 11050
1425 New York Avenue, N.W.
Washington, D.C. 20530

March 14, 2014

To Whom It May Concern:

Please consider this our appeal to your office's constructive denial of a request originally submitted to USAPAE on 5 February 2014 and forwarded to EOUSA on 7 February 2014.

As representatives of the news media, we write to insist that your office comply with its statutory obligation to respond to any and all requests submitted under the FOIA.

As stated in our original request, we seek:

"Any and all documents pertaining to the Philadelphia-based online publication "The Declaration" (PhillyDeclaration.org) and its editors, Kenneth Lipp and Dustin Slaughter.

Requested documents should include but not be limited to: all emails, email attachments, slide presentations, photographs, white papers, screen captures of social media (Twitter and Facebook) and any other records which, though not specifically requested, bear a reasonable relationship to the subject matter of this request.

The time frame for this request is from 1 January 2013 up to and including the date that this request is officially processed.

We are including the following keywords to assist researchers: "Smokedown Prohibition", "Delaware Valley Intelligence Center", "Kenneth Lipp", and "Dustin Slaughter".

I expect to be provided with all segregable portions of otherwise exempt material. Please separately state your reasons for not invoking your discretionary powers to release requested documents in the public interest.

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."

As you must know, the Freedom of Information Act was meant to guarantee prompt access to
important government records. To that end, the FOIA grants an agency no more than thirty working days in which to respond to a request. 5 U.S.C. § 552(a)(6).

When an agency fails to respond within that statutory timeframe, it has constructively denied the request. Oglesby v. U.S. Department of Army, 920 F.2d 57, 65 (D.C. Cir. 1990) (“Congress adopted the time limit provision in the FOIA in order to ‘contribute to the fuller and faster release of information, which is the basic objective of the Act.’ (quoting H.R. Rep. No. 93876, 93d Cong., 2d Sess., reprinted (1974) U.S. Code Cong. & Ad. News 6267 at 6271)).

EOUSA's delay in responding to this request not only flouts its statutory obligations, it also violates the President’s clear direction that when it comes to public information, “openness prevails.” Memorandum for the Heads of Executive Dep'ts and Agencies, 74 Fed.
Reg. 15, 4683 (Jan. 26, 2009). This instruction is unambiguous: “All agencies should adopt a
presumption in favor of disclosure, in order to renew their commitment to the principles embodied in FOIA, and to usher in a new era of open Government.”

I therefore urge you to produce records responsive to this request as soon as possible, and no later than 7 April 2014.

We will submit this request to OGIS for mediation if your office fails and/or refuses to comply with its statutory obligation, and furthermore, will litigate this matter if necessary.

We look forward to your help in resolving this matter without further delay. Please do not hesitate to contact us through Muckrock.com with any questions or concerns.

Sincerely,
Dustin Slaughter
Kenneth Lipp