DOJ Antitrust - Schedule

David Sirota filed this request with the Department of Justice, Antitrust Division of the United States of America.
Tracking #

ATFY17- 118

Status
Completed

Communications

From: David Sirota

To Whom It May Concern:

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

- The daily schedules of the Antitrust Division Deputy Assistant Attorneys General from 1/20/17 to the present.

If if it is your position that some of these documents must be redacted, I hereby request that you provide me with the portions of the documents that are not redacted.

If it is your position that any portion of the requested records is exempt from disclosure, I request that you provide it with an index of those documents as required under Vaughn v. Rosen, 484 F.2d 820 (D.C. Cir. 1973), cert. denied, 415 U.S. 977 (1972). As you are aware, a Vaughn index must describe each document claimed as exempt with sufficient specificity “to permit a reasoned judgment as to whether the material is actually exempt under FOIA.” Founding Church of Scientology v. Bell, 603 F.2d 945, 949 (D.C. Cir. 1979). Moreover, the Vaughn index must “describe each document or portion thereof withheld, and for each withholding it must discuss the consequences of supplying the sought-after information.” King v. U.S. Dep’t of Justice, 830 F.2d 210, 223-24 (D.C. Cir. 1987) (emphasis added). Further, “the withholding agency must supply ‘a relatively detailed justification, specifically identifying the reasons why a particular exemption is relevant and correlating those claims with the particular part of a withheld document
to which they apply.’” Id.at 224 (citing Mead Data Central v. U.S. Dep’t of the Air Force, 566 F.2d 242, 251 (D.C. Cir. 1977)).

I am requesting a waiver of all fees under 5 U.S.C. Section 552(a)(4)(A)(iii). The information I seek is in the public interest because it will contribute significantly to public understanding of the operations or activities of the government and is not primarily in my commercial interest. This request is not a commercial request -- it is being made by an award-winning media organization.

I believe I meet the criteria for a fee waiver recognized by the U.S. Justice Department - and by the federal courts, See Project on Military Procurement v. Department of the Navy, 710 F. Supp. 362 363, 365 (D.C.D. 1989).

My request concerns the operations or activities of government because the records relate to the enforcement of antitrust law at a time when there is significant public debate about consolidation, market power, and regulations. The records that are responsive to this request will spotlight the way the government shapes antitrust policy and will also show the ways enforcement is shaped by corporate representatives seeking to influence public policy.

Also, the information sought has informative value, or potential for contribution to public understanding. Please note the decision in Elizabeth Eudey v. Central Intelligence Agency, 478 F. Supp. 1175 1176 (D.C.D. 1979) (even a single document has the potential for contributing to public understanding). As the senior editor for investigations at Newsweek/IBT, I plan to disseminate this information to the public at large through publication in Newsweek and at International Business Times. Those award-winning publications get millions of visitors per month.

In addition, the release of this information will have a significant impact on public understanding because it will illustrate how antitrust enforcement decisions are influenced and made by public officials. Antitrust enforcement matters affect tens of millions of Americans in their daily lives, and these documents will show how those matters are perceived by public officials and influenced by outside interests.

In your deliberations, please take note of the following cases: Campbell v. U.S. Department of Justice, 334 U.S. App. D.C. (1998)(administrative and seemingly repetitious information is not exempt from fee-waiver consideration); Project on Military Procurement (agencies cannot reject a fee waiver based on the assumption that the information sought is covered by a FOIA exemption; and Landmark Legal Foundation v. Internal Revenue Service, 1998 U.S. Dist. LEXIS 21722 (D.C.D. 1998)(the fact that the information will soon be turned over to a public body does not exempt the material from fee-waiver consideration).

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,

David Sirota
IBT/Newsweek
(646) 867-7100

From: Hayes, Shaniece (ATR)

Please see attached.

From: Wiercioch, Ronald

Dear Mr. Sirota:

Your request, ATFY17-118, is on our list of pending FOIA requests. We appreciated your patience.

Ron Wiercioch
FOIA Public Liaison

From: David Sirota

Thank you for the update.

From: Wiercioch, Ronald

Dear Mr. Sirota:

Your request is on our list of pending FOIA requests. We appreciated your understanding and patience.

Ron Wiercioch
FOIA Public Liaison

From: Department of Justice, Antitrust Division

Dear Mr. Sirota:

We have not forgotten about your request. It is on our list of pending requests.

Ron Wiercioch
FOIA Public Liaison

From: Department of Justice, Antitrust Division

Muckrock:

By Email dated April 22, 2019, you asked when you could expect to receive a response to your FOIA request (control number ATFY17-118). ATFY17-118 seeks "the daily schedules of the Antitrust Division Deputy Assistant Attorneys General from 1/20/2017 to the present." We are currently processing a number of requests received prior to yours and your request is currently pending at this time. Nevertheless, upon receipt of your request, the prior Antitrust Division FOIA Public Liaison began the search for responsive records on August 4, 2017. Accordingly, our search yield will contain nearly eight months of calendar records for the several officials.

You may wish to narrow the scope of your request in order to reduce the amount of responsive records, the time needed to review and consult as necessary, and provide a faster response. For example, you may wish to limit your request to the Antitrust Division's current Principal Deputy Assistant Attorney General, who took office on April 10, 2017.

If you have any questions regarding this email or wish to reformulate your request please feel free to contact me.

Wayne Foster

From: Department of Justice, Antitrust Division

Please see attachments.

From: Department of Justice, Antitrust Division

Please see attachments.

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