Ernest Richard May

Emma North-Best filed this request with the National Archives And Records Administration – Archival Or Special Access of the United States of America .
Tracking #

RD 61755

Status
Completed

Communications

From: Emma North-Best


To Whom It May Concern:

Pursuant to the Freedom of Information Act, I hereby request the following records:

FBI and other DOJ records relating to or mentioning Ernest Richard May, including FBI files 151-HQ-479 and 161-HQ-11336 as referred in the attached document.

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: National Archives And Records Administration – Archival Or Special Access

This is an automated reply to inform you that National Archives and Records Administration received your e-mail.

We have received your request and will respond withing 20 working days. Please note that submitting duplicate requests will increase wait times.

If you have any questions, you can call our office at 301-837-3190. You can also visit our web page at www.archives.gov/research/foia.

Thank you.

From: National Archives And Records Administration – Archival Or Special Access

Dear Ms. Best,

I am writing in response to your Freedom of Information Act request of June
17, 2019 for records in the custody of the National Archives and Records
Administration. Your request was received in this office on June 18, 2019
and assigned FOIA case number *RD 61756*.

You requested access to FBI case file numbers 151-HQ-479 and 161-HQ-11336,
identified by the FBI as potentially responsive to your request for records
relating to Ernest Richard May. My initial assessment confirms that Ernest
Richard May is in fact the subject of both files.

151-HQ-479 has an estimated 80 pages, compiled as part of an internal
security investigation conducted between July 1963 and August 1963.

161-HQ-11336 has an estimated 90 pages, compiled as part of an internal
security investigation conducted between June 1975 and January 1978.

The files require screening for categories of information exempted from
disclosure under the terms of the FOIA, prior to public release. In
particular, there are documents that may be redacted to protect the
identities of confidential sources, including FBI informant codes and
informant file numbers.

The total page count for your request is approximately 170 pages. Requests
for FBI case files that do not exceed 700 pages are assigned to our
first-tier processing queue. Taking into consideration our existing
backlog, the estimated time required to complete the processing of your
request is approximately 30 months from the date of this letter.

Please note that once we have notified you that review is complete, you may
either visit our College Park, MD facility to view the files at no cost or
order a reproduction. You may order a reproduction copy at the cost of
$0.80 per page by contacting our office to place an order. We estimate that
the cost for reproduction of both files will be approximately $136.00.

You requested a waiver for reproduction fees ordinarily charged to
researchers. However, records transferred to the custody of the National
Archives are exempt from the fee and fee waiver provisions of the Freedom
of Information Act because a fee schedule was in effect prior to enactment.
The applicable section states that “nothing in this subparagraph shall
supersede fees chargeable under a statute specifically providing for
setting the level of fees for particular types of records” (5 U.S.C. 552
(a)(4)(A)(vi)). The relevant fee statute authorizes the National Archives
“to charge a fee for making or authenticating copies or reproductions of
materials transferred to the Archivist’s custody.” (44 U.S.C. 2116(c)). The
inability to grant the requested fee waiver does not constitute a denial
under the terms of the Freedom of Information Act.

We also searched the available FBI index database, but were unable to
locate any additional files related to Ernest Richard May. We have
forwarded your request to the Textual Reference Archives II Branch to
conduct a broader search of our records. They will reply separately to your
request.

To notify this office of a change in your contact information or to track
the status of your request, please telephone 301-837-3190 <(301)%20837-3190> or
e-mail specialaccess_foia@nara.gov. If you have specific questions
regarding the subject of your request, please contact me directly at
megan.dwyre@nara.gov or 301-837-0488. All communications concerning this
request should reference your case tracking number *RD 61756*.

If you are not satisfied with our action on this request, you have the
right to file an administrative appeal within ninety (90) calendar days
from the date of this letter. Appeals must be in writing and may be
delivered by regular U.S. mail or by e-mail. By filing an appeal, you
preserve your rights under the Freedom of Information Act and present the
deciding agency with an opportunity to review your request and reconsider
its decision. If you submit your appeal by regular mail, it should be
addressed to the Deputy Archivist of the United States (ND), National
Archives and Records Administration, 8601 Adelphi Road, Room 4200, College
Park, Maryland 20740-6001. Both the letter and envelope should be clearly
marked “FOIA Appeal.” If you submit your appeal by e-mail, please send it
to foia@nara.gov, addressed to the Deputy Archivist, with the words “FOIA
Appeal” in the subject line. Please be certain to explain why you believe
this response does not meet the requirements of the Freedom of Information
Act. All communications concerning this request should reference FOIA case
number *RD 61756*.

If you are not satisfied with our action on this request and would like the
opportunity to discuss our response, you may contact our FOIA Public
Liaison for assistance:

Accessioned Executive Branch Records – Washington, DC Area

FOIA Requester Service Center: 301-837-3190 <(301)%20837-3190>
Acting FOIA Public Liaison: Britney Crawford
8601 Adelphi Road, Room 5500
College Park, MD 20740-6001
Telephone: <(301)%20837-3270>301-837-3190 <(301)%20837-3190>
E-mail: dc.foia.liaison@nara.gov

If you are unable to resolve your dispute through our Public Liaison, the
Office of Government Information Services (OGIS) is the federal FOIA
ombudsman. OGIS offers mediation services to help resolve disputes between
FOIA requesters and federal agencies. You may contact OGIS at the following
address:

Office of Government Information Services (OGIS)
National Archives and Records Administration
8601 Adelphi Road, Room 2510
College Park, MD 20740-6001
ogis@nara.gov
202-741-5770
1-877-684-6448

Sincerely,

Megan Dwyre
Special Access and FOIA Staff
National Archives at College Park, MD
https://www.archives.gov/research/foia

From: National Archives And Records Administration – Archival Or Special Access

Ms. Best--

I am writing in response to your Freedom of Information Act request of June
18, 2019, for records in the custody of the National Archives and Records
Administration. Your request for any Department of Justice files plus two
FBI files on Ernest Richard May was received in this office on June 18,
2019, and assigned FOIA case number RD 61755. This case number responds to
the portion of your request dealing with the identification of Department
of Justice case files.

Our Reference section identified litigation case file 167-33-451 as being
the file responsive to your request for records relating to Ernest Richard
May.

I have completed a line-by-line review of litigation case file 167-33-451
and released information to the greatest extent possible. The file has been
redacted to protect the personal privacy of living individuals per 5 USC
552 (b)(6). A summary of the results of this review is provided below:

Litigation case file 167-33-451: 17 total pages; 13 pages released in full
and 4 pages released in redacted form.

Because of the small number of pages, I have attached a courtesy copy below
in .pdf format.

You requested a waiver for reproduction fees ordinarily charged to
researchers.
Records transferred to the custody of the National Archives are exempt from
the fee and fee waiver provisions of the Freedom of Information Act because
a fee schedule was in effect prior to enactment. The applicable section
states that “nothing in this subparagraph shall supersede fees chargeable
under a statute specifically providing for setting the level of fees for
particular types of records” (5 U.S.C. 552 (a)(4)(A)(vi)). The relevant fee
statute authorizes the National Archives “to charge a fee for making or
authenticating copies or reproductions of materials transferred to the
Archivist’s custody.” (44 U.S.C. 2116(c)). Our fee schedule is available
online at https://www.archives.gov/research/order/fees. The inability to
grant the requested fee waiver does not constitute a denial under the terms
of the Freedom of Information Act.

This concludes the processing of your request. If you have additional
questions concerning my review of this file, please contact me directly at
Amanda.Weimer@nara.gov or at (301) 837-0604.

If you are not satisfied with our action on this request, you have the
right to file an administrative appeal within ninety (90) calendar days
from the date of this letter. Appeals must be in writing and may be
delivered by regular U.S. mail or by e-mail. By filing an appeal, you
preserve your rights under the Freedom of Information Act and present the
deciding agency with an opportunity to review your request and reconsider
its decision. If you submit your appeal by regular mail, it should be
addressed to the Deputy Archivist of the United States (ND), National
Archives and Records Administration, 8601 Adelphi Road, Room 4200, College
Park, Maryland 20740-6001. Both the letter and envelope should be clearly
marked “FOIA Appeal.” If you submit your appeal by e-mail, please send it
to foia@nara.gov, addressed to the Deputy Archivist, with the words “FOIA
Appeal” in the subject line. Please be certain to explain why you believe
this response does not meet the requirements of the Freedom of Information
Act. All communications concerning this request should reference FOIA case
number RD 61755.

If you would like the opportunity to discuss our response and attempt to
resolve your dispute without initiating the appeals process, you may
contact our FOIA Public Liaison for assistance:

Accessioned Executive Branch Records – Washington, DC Area

FOIA Requester Service Center: 301-837-3190

Acting FOIA Public Liaison: Britney Crawford

8601 Adelphi Road, Room 5500

College Park, MD 20740-6001

E-mail: dc.foia.liaison@nara.gov

If you are unable to resolve your dispute through our Public Liaison, the
Office of Government Information Services (OGIS) is the federal FOIA
ombudsman. OGIS offers mediation services to help resolve disputes between
FOIA requesters and federal agencies. You may contact OGIS at the following
address:

Office of Government Information Services (OGIS)

National Archives and Records Administration

8601 Adelphi Road, Room 2510

College Park, MD 20740-6001

ogis@nara.gov

202-741-5770

1-877-684-6448

Dr. Amanda Weimer
Archivist, Special Access and FOIA (RD-F)
National Archives at College Park
8601 Adelphi Road, Room 5500
College Park, MD 20740-6001
+1 (301) 837-0604

https://www.archives.gov/research/foia
Main FOIA Telephone: 301-837-3190

This email is UNCLASSIFIED.

From: Emma North-Best

Hi,

Thanks so much for your help with this request! I really appreciate it.

Sincerely,
Emma Best

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