Emails from Capt. Brett Crozier
| Tracking # |
DON-NAVY-2020-006482 |
| Submitted | April 3, 2020 |
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Communications
From: Paul Szoldra
To Whom It May Concern:
Pursuant to the Freedom of Information Act, I hereby request the following records:
All emails sent to or from the following address, brett.crozier@navy.mil, or any other email addresses assigned to CAPT Brett E. Crozier, USN, between March 25, 2020 and April 2, 2020.
I request that, if appropriate, fees be waived as I believe this request is in the public interest. The requested documents will be processed by a representative of the news media from Task & Purpose and is made in the process of news gathering and not for commercial usage. I also request expedited processing. The records I am requesting are urgently needed by a member of the press to inform the public about actual or perceived government activity — namely, the activities of a senior military official that may have led to his relief. The news value of these records will be lost without expedited processing.
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,
Paul Szoldra
From: Paul Szoldra
This constitutes a supplement to and clarification of the original FOIA request I submitted on April 3, 2020, for ‘all emails sent to or from the following address, brett.cozier@navy.mil, or any other e-mail address assigned to CAPT Brett E. Crozier, USN, between March 25, 2020 and April 2, 2020.’ To date, I have not yet received an acknowledgement of the request assigning it a request number.
I wish to supplement and clarify the scope of the request so that it encompasses four categories of information:
1. all emails sent to or from CAPT Brett E. Crozier, USN, (“CAPT Crozier”) between March 25, 2020 and April 2, 2020
2. all communications – including verbal communications memorialized in writing – to or from CAPT Crozier regarding the permissibility of making a port call in Vietnam on or around March 5, 2020;
3. all communications – including verbal communications memorialized in writing – to or from CAPT Crozier reflecting guidance on how to manage the spread of COVID-19, resources and facilities that could be made available to treat infected personnel, and determinations regarding the extent to which CAPT Crozier could make emergency ports of call at U.S. Government locations to offload infected personnel; and
4. any communications – including verbal communications memorialized in writing – from White House personnel (including President Trump) regarding potential disciplinary action for CAPT Crozier.
For line item #1, the term “e-mails” should be construed to encompass all classified and unclassified U.S. Government e-mail accounts assigned to CAPT Crozier, including, but not limited to, brett.crozier@navy.mil. The term should also encompass any personal e-mail accounts CAPT Crozier used and on which he engaged in official U.S. Government business within the stated timeframe.
For line items #2-4, the scope of the request should be construed to include, but not be limited to, communications sent to or received from U.S. Government civilian employees, contractors, detailees, military officials, and/or Constitutional officers. The scope should encompass records located on local drives, shared drives, or paper files, and should include both classified and unclassified systems.
I am preemptively waiving any objection to the redaction of the names of any U.S. Government officials below a GS-14 position or whom otherwise were not acting in a supervisory position. I similarly waive any objection to redactions of the names of any U.S. Government contractors in a position of authority similar to that of a GS-13 series civilian employee or below.
In terms of all other third parties who work or worked for the U.S. Government and whose names appear in records responsive to this request, I respectfully submit that the privacy interests of those individuals have been diminished by virtue of their involvement in one or more of the U.S. Government functions described above as falling within the scope of this request. There is a recognized inverse relationship between the position of authority that a government employee holds and the strength of that employee’s privacy interests. See Stern v. FBI, 737 F.2d 84, 92 (D.C. Cir. 1984); Jefferson v. Dep’t of Justice, 2003 U.S. Dist. LEXIS 26782, *11 (D.D.C. Nov. 14, 2003); see also Perlman v. Dep’t of Justice, 312 F.3d 100, 107-109 (2d. Cir. 2002)(setting forth five factors to consider in weighing government employee’s privacy interests against public interest in disclosure, including employee’s rank and whether information sheds light on a government activity).
The work performed by these U.S. Government third parties (whether they be Government officials or contractors) was part of their official responsibilities on behalf of the U.S. Government and was not of a personal nature. They served in a position of trust and authority to, among other things, determine the extent to which the spread of COVID-19 threatened the ability of the USS Theodore Roosevelt to perform its tasks and function as an effective component of the Navy’s warfighting capabilities. Given that responsive records memorializing the work they performed will shed light on government activity, it would be reasonable to conclude that the relevant third parties’ respective (and diminished) privacy interests are outweighed by the public interest in disclosure of the information indexed to their name.
In terms of expedited processing, I wish to further note that in the midst of a dangerous public health pandemic that has overtaken the globe and undermined the strength of U.S. military forces, the extent to which CAPT Crozier was relieved of his position in retaliation for notifying his chain of command of the dangerous spread of COVID-19 to his crew is of paramount importance to the American public. The concern that this action was retaliatory was strengthened by remarks by President Trump himself on April 4, 2020, in which he indicated his belief that CAPT Crozier should not have sent the letter and that he supported the subsequent removal of CAPT Crozier from command.
From: U.S. Navy
This message is to confirm your request submission to the FOIAonline application: View Request. Request information is as follows: (https://www.foiaonline.gov/foiaonline/action/public/submissionDetails?trackingNumber=DON-NAVY-2020-006482&type=request)
* Tracking Number: DON-NAVY-2020-006482
* Requester Name: Paul Szoldra
* Date Submitted: 04/05/2020
* Request Status: Submitted
* Description:
To Whom It May Concern:
Pursuant to the Freedom of Information Act, I hereby request the following records:
All emails sent to or from the following address, brett.crozier@navy.mil, or any other email addresses assigned to CAPT Brett E. Crozier, USN, between March 25, 2020 and April 2, 2020.
I request that, if appropriate, fees be waived as I believe this request is in the public interest. The requested documents will be processed by a representative of the news media from Task & Purpose and is made in the process of news gathering and not for commercial usage. I also request expedited processing. The records I am requesting are urgently needed by a member of the press to inform the public about actual or perceived government activity — namely, the activities of a senior military official that may have led to his relief. The news value of these records will be lost without expedited processing.
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,
Paul Szoldra
Upload documents directly: https://https://www.muckrock.comhttps://www.muckrock.com/
From: U.S. Navy
On behalf of R. Patterson, Head, DON FOIA/PA Program Office (DNS-36), please find attached, an official response to the subject FOIA request.
From: U.S. Navy
On behalf of R. Patterson, Head, DON FOIA/PA Program Office (DNS-36(H)), please find attached, an offical response to the subject FOIA request.
From: U.S. Navy
Your request for Expedited Processing for the FOIA request DON-NAVY-2020-006482 has been
granted.
Additional details for this request are as follows:
* Request Created on:
04/05/2020
* Request Description:
To Whom It May Concern:
Pursuant to the Freedom of Information Act, I hereby request the following records:
All emails sent to or from the following address, brett.crozier@navy.mil, or any other email addresses assigned to CAPT Brett E. Crozier, USN, between March 25, 2020 and April 2, 2020.
I request that, if appropriate, fees be waived as I believe this request is in the public interest. The requested documents will be processed by a representative of the news media from Task & Purpose and is made in the process of news gathering and not for commercial usage. I also request expedited processing. The records I am requesting are urgently needed by a member of the press to inform the public about actual or perceived government activity — namely, the activities of a senior military official that may have led to his relief. The news value of these records will be lost without expedited processing.
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,
Paul Szoldra
Upload documents directly: https://https://www.muckrock.comhttps://www.muckrock.com/
* Expedited Processing Original Justification:
he records I am requesting are urgently needed by a member of the press to inform the public about actual or perceived government activity — namely, the activities of a senior military official that may have led to his relief. The news value of these records will be lost without expedited processing.
* Expedited Processing Disposition Reason:
N/A
From: U.S. Navy
Your request for Fee Waiver for the FOIA request DON-NAVY-2020-006482 has been
determined to be not applicable as the request is not billable.
Additional details for this request are as follows:
* Request Created on:
04/05/2020
* Request Description:
To Whom It May Concern:
Pursuant to the Freedom of Information Act, I hereby request the following records:
All emails sent to or from the following address, brett.crozier@navy.mil, or any other email addresses assigned to CAPT Brett E. Crozier, USN, between March 25, 2020 and April 2, 2020.
I request that, if appropriate, fees be waived as I believe this request is in the public interest. The requested documents will be processed by a representative of the news media from Task & Purpose and is made in the process of news gathering and not for commercial usage. I also request expedited processing. The records I am requesting are urgently needed by a member of the press to inform the public about actual or perceived government activity — namely, the activities of a senior military official that may have led to his relief. The news value of these records will be lost without expedited processing.
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,
Paul Szoldra
Upload documents directly: https://https://www.muckrock.comhttps://www.muckrock.com/
* Fee Waiver Original Justification:
I request that, if appropriate, fees be waived as I believe this request is in the public interest. The requested documents will be processed by a representative of the news media from Task & Purpose and is made in the process of news gathering and not for commercial usage. I also request expedited processing. The records I am requesting are urgently needed by a member of the press to inform the public about actual or perceived government activity — namely, the activities of a senior military official that may have led to his relief. The news value of these records will be lost without expedited processing.
* Fee Waiver Disposition Reason:
N/A
From: U.S. Navy
On behalf of R. Patterson, Head, DON FOIA/PA Program Office (DNS-36), please find attached, an official response to the subject FOIA request.
From: U.S. Navy
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1st Interim release for FOIA DON-NAVY-2020-006482.
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-- Sender --
Name: CASON.GREGORY.MICHAEL
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Email Address: gregory.cason1@navy.mil
-- Files --
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From: U.S. Navy
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Sir:
Attached is the second interim release regarding FOIA request DON-NAVY-2020-006482
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Recipient Code: agVgCp
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-- Sender --
Name: CASON.GREGORY.MICHAEL
Organization: USN
Email Address: gregory.cason1@navy.mil
-- Files --
Name: 2020-006482 2nd Interim Response.pdf
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From: U.S. Navy
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CASON.GREGORY.MICHAEL <gregory.cason1@navy.mil> has dropped off 6 files for you.
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The sender has left you a note:
Sir:
Please find attached the 3rd interim release of documents regarding your FOIA request DON-NAVY-2020-006482.
V/r
Gregory Cason
DON FOIA/PA Program Office
Full information about the drop-off:
Claim ID: ogBzUoNDShRySq9v
Recipient Code: 7vmCXi
Claim Passcode: WEfKxoXymbVHyXrJ
Date of Drop-Off: 2020-11-30 15:21:46 UTC
-- Sender --
Name: CASON.GREGORY.MICHAEL
Organization: USN
Email Address: gregory.cason1@navy.mil
-- Files --
Name: TR Emails - Part 1.pdf
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Content Type: application/pdf
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Size: 173.1 KB
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TR20Emails20-20Part206_DNS-H3620Proposed20Redactions_11-12_Redacted.pdf
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TR20Emails20-20Part209_DNS-H3620Proposed20Redactions_11-12_Redacted.pdf
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TR20Emails20-20Part207__DNS-H3620Proposed20Redactions_11-12_Redacted.pdf
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TR20Emails20-20Part201.pdf
From: U.S. Navy
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CASON.GREGORY.MICHAEL <gregory.cason1@navy.mil> has dropped off 4 files for you.
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Sir:
Please find attached the 4th release of TR emails.
V/r
Gregory Cason
Deputy Director
Navy FOIA/PA Program Office
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-- Sender --
Name: CASON.GREGORY.MICHAEL
Organization: USN
Email Address: gregory.cason1@navy.mil
-- Files --
Name: TR_Emails - Part 12_(Highlighted edits 12-01)_Redacted.pdf
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From: U.S. Navy
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The sender has left you a note:
5th interim release of records regarding your FOIA request DON-NAVY-2020-006482.
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Recipient Code: f5Mowh
Claim Passcode: Z7DyvRDdBfG2PY94
Date of Drop-Off: 2021-01-11 16:10:02 UTC
-- Sender --
Name: CASON.GREGORY.MICHAEL
Organization: USN
Email Address: gregory.cason1@navy.mil
-- Files --
Name: TR Emails - Part 13_Redacted.pdf
Size: 2.5 MB
SHA-256 Checksum: 33B05DC30953EB84FF69E2FFA56C6B2D96DD7DE17AC9B357BFA7B038D2B61045
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The sender has left you a note:
TR FINAL RELEASE
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Claim ID: JQZFEHjwHBHFv7Bx
Recipient Code: fKygyG
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Date of Drop-Off: 2021-02-12 18:43:48 UTC
-- Sender --
Name: CASON.GREGORY.MICHAEL
Organization: USN
Email Address: gregory.cason1@navy.mil
-- Files --
Name: TR Emails - Remaining Parts 1, 6, 8, 10 & 12_Redacted.pdf
Size: 590.2 KB
SHA-256 Checksum: 4E4596F010F0369EAB55BB41C6A14F0CF7648DA64A7A21A2B73AFD8F9F963D00
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Name: 2020-006482 - Final Response Letter.pdf
Size: 62.4 KB
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