DoD IG : Assessment of Efforts to Train, Advise, and Assist ANASOF

Shawn Musgrave filed this request with the Department of Defense, Office of the Inspector General of the United States of America.
Tracking # DODOIG-APPEAL-2017-000871
Est. Completion None
Status
Awaiting Appeal

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:

A copy of report DODIG-2016-140, "Assessment of U.S. and Coalition Efforts to Train, Advise, and Assist Afghan National Army Special Operations Forces (ANASOF)" (Project No. D2016-D00SPO-0054.000).

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,

Shawn Musgrave

From: foiarequests@dodig.mil

This message is to confirm your request submission to the FOIAonline application: View Request. Request information is as follows: (https://foiaonline.regulations.gov:443/foia/action/public/view/request?objectId=090004d280ee3aa9)
* Tracking Number: DODOIG-2017-000022
* Requester Name: Shawn Musgrave
* Date Submitted: 10/12/2016
* Request Status: Submitted
* Description: Request is for a copy of report DODIG-2016-140, "Assessment of U.S. and Coalition Efforts to Train, Advise, and Assist Afghan National Army Special Operations Forces (ANASOF)" (Project No. D2016-D00SPO-0054.000).

From: foiarequests

Mr. Musgrave,

Please see the attached referenced to your FOIA request. If you have any questions, please feel free to contact this office at 703-604-9775.

v/r

DODOIG FOIA Team

This e-mail is from the Office of the Inspector General, Department of Defense, and may contain information that is "Law Enforcement Sensitive" {LES} or "For Official Use Only" {FOUO} or otherwise subject to the Privacy Act and/or legal and or other privileges that restrict release without appropriate legal authority.

From: foiarequests

Hello,

We are currently still processing your FOIA Request Number FOIA-2017-000022. At this time we do not have an estimated date for completion of your request. You can contact this office back at any time for a follow-up on the status of this request.

If you have something then disregard this email.
Regards,

DoD IG FOIA Team

From: foiarequests

Hello,

We are currently still processing your FOIA Request Number FOIA-2017-000022. At this time we do not have an estimated date for completion of your request. You can contact this office back at any time for a follow-up on the status of this request.

If you have something then disregard this email.
Regards,

FOIA Team

From: foiarequests

Hello,

We are currently still processing your FOIA Request Number FOIA-2017-000022. At this time we do not have an estimated date for completion of your request. You can contact this office back at any time for a follow-up on the status of this request.

If you have something then disregard this email.
Regards,

DoD IG FOIA Team

From: foiarequests

Dear Mr. Musgrave:

Attached please find our Final Response to your October 12, 2016, FOIA request.

If you have any questions regarding this matter, please contact the Department of Defense, Office of Inspector General FOIA Requester Service Center at 703-604-9775 or via email at foiarequests@dodig.mil.

Sincerely,

FOIA Requester Service Center
Office of Inspector General
Department of Defense

P. 703-604-9775
F. 571-372-7498
E. foiarequests@dodig.mil

This e-mail is from the Office of the Inspector General, Department of Defense, and may contain information that is "Law Enforcement Sensitive" {LES} or "For Official Use Only" {FOUO} or otherwise subject to the Privacy Act and/or legal and or other privileges that restrict release without appropriate legal authority.

From: Shawn Musgrave

To Whom It May Concern:

I hereby appeal the denial in full of my request, which the Department of Defense, Office of Inspector General assigned tracking number DODOIG-2017-000022.

In October 2016, I requested the following records: A copy of report DODIG-2016-140, "Assessment of U.S. and Coalition Efforts to Train, Advise, and Assist Afghan National Army Special Operations Forces (ANASOF)" (Project No. D2016-D00SPO-0054.000).

In a rejection letter dated August 17, 2017, the DODIG reported that it conducted a search "and located one document, totaling 66 pages, which is responsive to your request, but that, on the recommendation of the United States Central Command, Mr. Dorgans of the DODIG FOIA office "determined that the document is exempt from release in its entirety pursuant to 5 U.S.C. § 552(b)(1)," and that portions of the requested report are exempt from disclosure under "(b)(3), information exempted from release by statute, in this instance 10 U.S.C. § 130c, nondisclosure of information: certain sensitive information of foreign governments and international organizations," as well as under FOIA exemption (b)(6).

Foremost, the DODIG rejection letter did not outline any concrete way in which release of these records might foreseeably harm the agency's interests, as required by the "foreseeable harm" standard established in the 2016 revisions to the FOIA statute. Even if the cited exemptions might apply, this standard directs the disclosure of the requested document if it cannot determine a reasonable harm in such disclosure.

I also appeal the rejection in full of my request. Neither the DODIG nor CENTCOM adequately justified the withholding of the entire requested document. The FOIA requires agencies to assess documents for releasable portions, where applicable and reasonable, or else to justify why the document must be withheld in full. I therefore ask that, if the exemptions do not cover the document in its entirety — almost certainly the case in a document whose title, objectives, and summarized findings have been published online [see: http://www.dodig.mil/pubs/report_summary.cfm?id=7159] — that releasable portions be provided, in keeping with both the letter and spirit of the Freedom of Information Act.

For the reasons above and any others deemed applicable by the FOIA Appellate Authority, I ask that this request be remanded to DODIG for a good faith search and provision of the requested documents.

Respectfully,
Shawn Musgrave

From: Department of Defense, Office of the Inspector General

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

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