DoD IG : Cargo Securing and Handling at Military Ocean Terminal Concord

Shawn Musgrave filed this request with the Department of Defense, Office of the Inspector General of the United States of America.
Tracking # FOIA-2015-00659
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-2015-130, "Controls Over Cargo Securing and Handling at Military Ocean Terminal Concord Need Improvement (Project No. D2014-D000RA-0182.000)."

Given that this FOIA is submitted in my capacity as a journalist, I request that I be categorized as a media requester for the purpose of fees. Here is a selection of my published articles on MuckRock:

https://www.muckrock.com/news/archives/2015/jan/12/how-843-lbs-seized-pot-lead-customs-and-border-pro/

https://www.muckrock.com/news/archives/2015/mar/03/us-marshals-service-conceal-key-details-millions-s/

https://www.muckrock.com/news/archives/2015/feb/27/while-dodging-direct-question-fbi-commits-obama-st/

https://www.muckrock.com/news/archives/2015/feb/27/while-dodging-direct-question-fbi-commits-obama-st/

https://www.muckrock.com/news/archives/2015/feb/12/fbi-and-justice-department-cant-find-drone-privacy/

https://www.muckrock.com/news/archives/2015/jan/22/air-force-knows-how-many-mq-9-drones-it-wants-cant/

I have also been published in a number of other national media outlets:

http://motherboard.vice.com/read/the-us-spent-360-million-on-border-drones-thanks-to-this-flimsy-report

http://motherboard.vice.com/read/the-air-force-says-it-needs-precisely-52-new-reaper-drones-cant-explain-why

http://motherboard.vice.com/read/do-the-fbis-drones-invade-your-privacy-sorry-thats-private

https://www.bostonglobe.com/metro/2013/04/08/big-brother-better-police-work-new-technology-automatically-runs-license-plates-everyone/1qoAoFfgp31UnXZT2CsFSK/story.html

www.betaboston.com/news/2014/03/05/a-vast-hidden-surveillance-network-runs-across-america-powered-by-the-repo-industry/

https://www.thedailybeast.com/articles/2015/02/05/nypd-social-media-policy-allows-catfishing-with-the-proper-paperwork.html

https://www.themarshallproject.org/2014/12/03/the-pentagon-finally-details-its-weapons-for-cops-giveaway

http://motherboard.vice.com/read/do-the-fbis-drones-invade-your-privacy-sorry-thats-private

https://news.vice.com/article/fbi-agent-who-killed-boston-bombing-suspects-friend-was-twice-accused-of-police-brutality

As the requested documents will be made available to the general public free of charge as part of the public information service at MuckRock.com and pertains to a matter of considerable public interest, I further request a full waiver of all fees.

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: Kasper, Joseph D., OIG DoD

Dear Mr. Musgrave,

This is an interim response to your May 28, 2015, Freedom of Information Act (FOIA) request for "DODIG-2015-130 , "Controls Over Cargo Securing and Handling at Military Ocean Terminal Concord Need Improvement (Project No . D2 014 -DOOO RA-0182 . 000) ." (Audit) classified." We received your request on May 29, 2015, and assigned it case number FOIA-2015-00659. We currently have an administrative workload of 760 open cases.

If you have any questions about your request, please feel free to contact me.

Sincerely,

Joseph Kasper

Department of Defense
Office of Inspector General
703-699-7498

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: 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 May 28, 2015. Please let me know when I can expect to receive a response, or if further clarification is needed. You had assigned it reference number #FOIA-2015-00659.

Thank you for your help.

From: Kasper, Joseph D., OIG DoD

Mr. Musgrave,

I have received all the classified documents. It currently sits 80th in my que for processing. I will continue to process each case as quickly as possible.

Joe

JOSEPH KASPER
FOIA/Privacy/Civil Liberties Office, Suite 17F18
Office of the Inspector General
Department of Defense

(703) 699-7487

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 May 28, 2015. Please let me know when I can expect to receive a response, or if further clarification is needed. You had assigned it reference number #FOIA-2015-00659.

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 May 28, 2015. Please let me know when I can expect to receive a response, or if further clarification is needed. You had assigned it reference number #FOIA-2015-00659.

Thanks for your help, and let me know if further clarification is needed.

From: foiarequests

Dear Mr. Musgrave:

Attached please find our Final Response to your May 28, 2015, FOIA request.

If you have any questions or concerns related to this matter, please contact the DoD OIG FOIA Requester Service Center at 703-604-9775 or at foiarequests@dodig.mil.

Sincerely,

Office of Inspector General
Department of Defense
FOIA Requester Service Center
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 withholding in its entirety of documents responsive to my FOIA request to the Department of Defense Inspector General, which the DODIG assigned tracking number FOIA-2015-00659.

On May 28, 2015, I requested a copy of report DODIG-2015-130, "Controls Over Cargo Securing and Handling at Military Ocean Terminal Concord Need Improvement (Project No. D2014-D000RA-0182.000)."

In the attached response dated July 7, 2016, the DODIG denied my request in its entirety. As the response fails to articulate with specificity the justification for invoking exemptions for any information contained in the requested report, I appeal the overall adequacy of response.

Furthermore, I appeal on grounds that — even if certain information within the report must be withheld under the cited exemptions — the requested report can likely be released with redactions, rather than withheld in its entirety. This argument is bolstered by the fact that the report's name has been made public rather than denoted as "Classified Report" by the DODIG, which is the DODIG's longstanding means of identifying the existence of a report without providing any indication as to its subject matter or findings.

In light of the above as well as any other justifications which the appeal authority deems to require disclosure of the requested report in its entirety or in part, I appeal and request that this FOIA be remanded to the DODIG for a good faith search and provision of responsive 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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