Drafts and edits to Obama portrait texts on display
| Tracking # |
52154 |
| Submitted | Jan. 1, 2019 |
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Communications
From: Brandon Smith
To Whom It May Concern:
Pursuant to the DC Freedom of Information Act, I hereby request the following records:
All drafts of text that eventually became the publicly-displayed text supplemental to the portrait of Barack Obama on display at the Gallery.
All record of edits of this text that conceivably would not be covered in the above request.
All comments, suggestions, and other conceivable communications regarding or concerning or in reference to drafts or edits of the aforementioned texts.
All metadata (such as who wrote the original draft; who made or suggested an edit; who made a comment; or if traditional communication, a "to" and from" line, as well as the date/time of each) that accompany edits, comments, and communications about the aforementioned texts.
The requested documents will be made available to the general public, and this request is not being made for commercial purposes.
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 15 business days, as the statute requires.
Sincerely,
Brandon Smith
From: National Portrait Gallery
Mr. Smith,
Please find attached a letter acknowledging receipt of your request for Smithsonian records.
Sincerely,
Jessica Donovan
Paralegal Specialist
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following DC Freedom of Information Act request, copied below, and originally submitted on Jan. 1, 2019. Please let me know when I can expect to receive a response. You had assigned it reference number #52154.
Thanks for your help, and let me know if further clarification is needed.
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following DC Freedom of Information Act request, copied below, and originally submitted on Jan. 1, 2019. Please let me know when I can expect to receive a response. You had assigned it reference number #52154.
Thanks for your help, and let me know if further clarification is needed.
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following DC Freedom of Information Act request, copied below, and originally submitted on Jan. 1, 2019. Please let me know when I can expect to receive a response. You had assigned it reference number #52154.
Thanks for your help, and let me know if further clarification is needed.
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following DC Freedom of Information Act request, copied below, and originally submitted on Jan. 1, 2019. Please let me know when I can expect to receive a response. You had assigned it reference number #52154.
Thanks for your help, and let me know if further clarification is needed.
From: Brandon Smith
Hi, Jessica.
I just wanted to pass along a couple bits of knowledge from my work instructing attorneys on FOIA exemptions, that might help you form a response I won't want to push back against. (I've taught based on DOJ IOP guidelines for legal education credit in New York, Illinois, and Germany.)
The first is that exemption 5, the one that allows for exemption of "predecisional, deliberative" material, requires both conditions to be met before one is allowed to exempt/redact. After a final decision has been made (such as a finalized text posted in public in the museum), any opinions issued by employees in the course of business that had bearing on the final decision cannot be exempted/redacted. And for the record, Exemption 5 is never allowed to apply to "statements of fact" by public employees--rather, only opinions issued in the course of doing business.
The last thing I wanted to mention is that these exemptions do not always mean a public body *must* exempt or redact material covered under an exemption. In some cases, of course it does--such as with addresses or medical information of personnel, or pre-sale bids on land to be purchased. But exemptions such as that covering "predecisional deliberative" material is not often one of those. Smithsonian has the right to choose transparency in this case.
And if you wouldn't mind, would you kindly provide me with an ETA for a response? Thank you.
Best wishes,
Brandon Smith
From: National Portrait Gallery
Mr. Smith,
We expect our response to take up to 90 business days. We appreciate your patience.
Sincerely,
Jessica
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following DC Freedom of Information Act request, copied below, and originally submitted on Jan. 1, 2019. Please let me know when I can expect to receive a response. You had assigned it reference number #52154.
Thanks for your help, and let me know if further clarification is needed.
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following DC Freedom of Information Act request, copied below, and originally submitted on Jan. 1, 2019. Please let me know when I can expect to receive a response. You had assigned it reference number #52154.
Thanks for your help, and let me know if further clarification is needed.
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following DC Freedom of Information Act request, copied below, and originally submitted on Jan. 1, 2019. Please let me know when I can expect to receive a response. You had assigned it reference number #52154.
Thanks for your help, and let me know if further clarification is needed.
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following DC Freedom of Information Act request, copied below, and originally submitted on Jan. 1, 2019. Please let me know when I can expect to receive a response. You had assigned it reference number #52154.
Thanks for your help, and let me know if further clarification is needed.
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following DC Freedom of Information Act request, copied below, and originally submitted on Jan. 1, 2019. Please let me know when I can expect to receive a response. You had assigned it reference number #52154.
Thanks for your help, and let me know if further clarification is needed.
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following Freedom of Information Act request, copied below, and originally submitted on Jan. 1, 2019. Please let me know when I can expect to receive a response. You had assigned it reference number #52154.
Thanks for your help, and let me know if further clarification is needed.
From: National Portrait Gallery
An interim response, stating the request is being processed.
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following Freedom of Information Act request, copied below, and originally submitted on Jan. 1, 2019. Please let me know when I can expect to receive a response. You had assigned it reference number #52154.
Thanks for your help, and let me know if further clarification is needed.
From: National Portrait Gallery
Dear Mr. Smith,
Attached please find a final response letter and documents responsive to your records request, SI number 52154.
Kind Regards
Valentina Judge
Paralegal Specialist
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