It is a clone of this request.
|Submitted||May 14, 2018|
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To Whom It May Concern:
Pursuant to the Freedom of Information Act, I hereby request the following records:
Records relating to or mentioning to Ernest Lou Medina (August 27, 1936 – May 8, 2018), who was a former captain of infantry in the United States Army. He served during the Vietnam War. He was the commanding officer of Company C, 1st Battalion, 20th Infantry of the 11th Brigade, Americal Division, the unit responsible for the My Lai Massacre of 16 March 1968. He was court martialed in 1971 for his role in that war crime, but acquitted the same year.
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." Therefore, the details of the request itself are moot for the purposes of determining the appropriate fee category.
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.
Attached is a response to your FOIA Request. A separate response will be sent to you by the receiving office.
Tolu A. Olabode
Government Information Specialist
U.S. Army Freedom of Information & Privacy Division Humphrey's Engineer Center
7701 Telegraph Rd
Casey Bldg., Rm 150
Alexandria VA 22315