Elmer Maas

This is a request for records under the Freedom of Information Act. I request all records related to Elmer Howard Maas, Jr., born 29 August 1935 in Kansas City, MO; died 8 May 2005, http://baltimorenonviolencecenter.blogspot.com/2009/05/remembering-elmer-maas-he-died-on.html. Mr. Maas was an anti-nuclear peace activist and a member of the "Plowshares Eight," a group of nonviolent protesters who staged an anti-nuclear protest at a General Electric plant on 9 September 1980.

CROSS-REFERENCE SEARCH
Please conduct a cross-reference search of the Bureau's records on the following people, organizations, and events to see if they contain additional records regarding the subject:
1. Plowshares Movement
2. Plowshares Eight anti-nuclear protest of 9 September 1980
3. Daniel Joseph Berrigan, born 9 May 1921 in Virginia, MN, USA; died 30 April 2016, https://www.nytimes.com/2016/05/01/nyregion/daniel-j-berrigan-defiant-priest-who-preached-pacifism-dies-at-94.html
4. Philip Francis Berrigan, born 5 October 1923 in Two Harbors, MN, USA; died 6 December 2002, https://www.nytimes.com/2002/12/08/us/philip-berrigan-former-priest-peace-advocate-vietnam-war-era-dies-79.html
5. Carl Kabat, born 10 October 1933 in Scheller, IL, USA; died 4 August 2022, https://www.nytimes.com/2022/08/17/us/carl-kabat-dead.html
6. Anne Montgomery, born 30 November 1926 in San Diego, CA, USA; died 27 August 2012, https://www.ncronline.org/news/people/sr-anne-montgomery-plowshares-leader-against-nuclear-weapons-dies

SCOPE OF SEARCH
Please conduct a search of the Central Records System, including but not limited to the Electronic Surveillance (ELSUR) Indices, the Microphone Surveillance (MISUR) Indices, the Physical Surveillance (FISUR) Indices, and the Technical Surveillance (TESUR) Indices, for both main-file records and cross-reference records for all relevant names, individuals, agencies and companies at FBI Headquarters. Please also conduct a search for records at the Alexandria Records Center and the Central Records Complex (CRC) in Winchester/Frederick County, Virginia. If any potentially responsive records have been destroyed or transferred to NARA, please produce all records related to the transfer or destruction. If previously-released records are available, then I request a rolling release consisting of those records while additional records are located and processed for release.

REQUEST FOR FEE WAIVER

I respectfully request that all fees related to this request be waived.

Public Interest Factors:

1. The subject of the request must concern identifiable operations or activities of the Federal Government. My request satisfies this factor because it seeks records created or maintained by the FBI.

2. The records must be likely to contribute to the understanding of the subject of the request. My request satisfies this factor because Mr. Maas has died, meaning that the Bureau will now be able to release records that were not previously available publicly.

3. The disclosure must contribute to the understanding of the public—meaning a reasonably broad audience of persons interested in the subject—as opposed to the individual understanding of the requester. My request satisfies this factor because Mr. Maas was a public figure. His participation in the Plowshares Eight protest made him a subject of national and international attention. Thus, a broad audience of persons will likely be interested in the records I seek. I will also make any records publicly available online for free via MuckRock.com.

4. The public's understanding must be enhanced by the disclosure to a significant extent. My request likely satisfies this factor because records related to Mr. Maas are also contained in the files of the other members of the Plowshares Eight. Thus, those records can now be un-redacted as well.

Commercial Interest Factors

1. The existence and magnitude of a commercial interest: I have no commercial interest whatsoever in these records; I am just a curious American citizen with an interest in his government's surveillance of its critics. Thus, this factor cuts in favor of a fee waiver.

2. The primary interest in disclosure, i.e., whether disclosure is primarily in the commercial interest of the requester: I have zero commercial interest in disclosure, therefore the public interest outweighs my (nonexistent) private interest.

Conclusion: on balance, all of the Bureau's regulatory factors tilt decisively in favor of granting me a fee waiver. If you do decide to charge me fees, please notify me in advance if you anticipate that those fees will exceed $25.

Dear OIP:

I hereby appeal the FBI's Glomar rejection of my FOIA/PA request for records regarding Elmer Howard Maas Jr. The Bureau said that confirming or denying the existence of records would be an unwarranted invasion of Mr. Maas's privacy under FOIA exemptions (6) and (7)(C).

However, as I stated in my original request, Mr. Maas has died. I have attached an archived version of his obituary from the National Catholic Reporter. And exemptions (6) and (7)(C) cannot be invoked to protect the privacy of dead people. See U.S. Department of Justice, FOIA Update Vol. III, No. 4 (Jan 1, 1982), available at https://www.justice.gov/oip/blog/foia-update-foia-counselor-questions-answers-24.

There is a very narrow exception: the Supreme Court has held that Exemption 7(C) extends to a dead person's family members who object to the disclosure of graphic details surrounding their relative's death—and even then, only where the family's private interest outweighs the public interest in disclosure. National Archives and Records Admin. v. Favish, 541 US 157, 171 (2004). But there is no indication that any such concerns apply to records related to Mr. Maas.

Therefore, the Bureau's Glomar denial of my request was improper. Please reopen my request and remand it to the Bureau with instructions to search for and produce responsive records in accordance with the FOIA/PA. Thank you.

Dear OIP:

I hereby appeal the FBI's Glomar rejection of my FOIA/PA request for records regarding Elmer Howard Maas Jr. The Bureau said that confirming or denying the existence of records would be an unwarranted invasion of Mr. Maas's privacy under FOIA exemptions (6) and (7)(C).

However, as I stated in my original request, Mr. Maas has died. I have attached an archived version of his obituary from the National Catholic Reporter. And exemptions (6) and (7)(C) cannot be invoked to protect the privacy of dead people. See U.S. Department of Justice, FOIA Update Vol. III, No. 4 (Jan 1, 1982), available at https://www.justice.gov/oip/blog/foia-update-foia-counselor-questions-answers-24.

There is a very narrow exception: the Supreme Court has held that Exemption 7(C) extends to a dead person's family members who object to the disclosure of graphic details surrounding their relative's death—and even then, only where the family's private interest outweighs the public interest in disclosure. National Archives and Records Admin. v. Favish, 541 US 157, 171 (2004). But there is no indication that any such concerns apply to records related to Mr. Maas.

Therefore, the Bureau's Glomar denial of my request was improper. Please reopen my request and remand it to the Bureau with instructions to search for and produce responsive records in accordance with the FOIA/PA. Thank you.

Hello, and thank you for your message. I would prefer that the Bureau just process my request as-is. Thank you.

Nicholas Marritz

Dear Mr. Hurd:

I am confused. You affirmed the Bureau's initial Glomar response to my request, finding that I hadn't submitted sufficient proof of death. But I submitted additional proof of death along with my appeal, and the Bureau now admits that it has over 600 pages of responsive records—and appears to be processing them for release. Please confirm that I have now submitted sufficient proof of death and don't need to call the Bureau's FOIA liaison to talk about what sufficient proof would look like (as your appeal determination letter invites me to do).

Sincerely,

Nicholas Marritz