Ducks at CIA

Emma Best filed this request with the Central Intelligence Agency of the United States of America.
Tracking #

F-2018-00626

Due Feb. 7, 2018
Est. Completion None
Status
Awaiting Response

Communications

From: Emma Best

To Whom It May Concern:

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

Records relating to or mentioning ducks on CIA property, ducks nesting at CIA headquarters, the care of any ducks by CIA, the construction of a duck pond or other habitat for the ducks, the hatching of ducklings on CIA property and the deaths of the ducklings as previously disclosed in the attached declassified CIA documents, in addition to documents CIA-RDP87-00352R000100040002-2 and CIA-RDP87-00352R000100040004-0, which are not attached.

I am a member of the news media and request classification as such. I have previously written about the government and its activities for AND Magazine, MuckRock and Glomar Disclosure and have an open arrangement with each. My articles have been widely read, with some reaching over 100,000 readers. As such, as I have a reasonable expectation of publication and my editorial and writing skills are well established. In addition, I discuss and comment on the files online and make them available through the non-profit Internet Archive, disseminating them to a large audience. While my research is not limited to this, a great deal of it, including this, focuses on the activities and attitudes of the government itself. As such, it is not necessary for me to demonstrate the relevance of this particular subject in advance. Additionally, case law states that “proof of the ability to disseminate the released information to a broad cross-section of the public is not required.” Judicial Watch, Inc. v. Dep’t of Justice, 365 F.3d 1108, 1126 (D.C. Cir. 2004); see Carney v. U.S. Dep’t of Justice, 19 F.3d 807, 814-15 (2d Cir. 1994). Further, courts have held that "qualified because it also had “firm” plans to “publish a number of . . . ‘document sets’” concerning United States foreign and national security policy." Under this criteria, as well, I qualify as a member of the news media. Additionally, courts have held that the news media status "focuses on the nature of the requester, not its request. The provision requires that the request be “made by” a representative of the news media. Id. § 552(a)(4)(A)(ii)(II). A newspaper reporter, for example, is a representative of the news media regardless of how much interest there is in the story for which he or she is requesting information." As such, the details of the request itself are moot for the purposes of determining the appropriate fee category. As such, my primary purpose is to inform about government activities by reporting on it and making the raw data available.

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 20 business days, as the statute requires.

Sincerely,

Emma Best

From: Emma Best

Please include in the response, but do not limit it to, materials from the press office, such as those relating to the attached article on the ducks.

  • CIA20Concession_20Ducks20Came20in20From20Nowhere20-20The20Washington20Post.pdf

From: Central Intelligence Agency

A fix is required to perfect the request.

From: Emma Best

This is acceptable. Please proceed.

From: Central Intelligence Agency

An interim response, stating the request is being processed.

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