Expedited FOIA Request NARA 23 -G. Muckrock. FOIA Advisory Committee September 7, 2023 Chat Comments

Subject: Expedited FOIA Request NARA 23 -G. Muckrock. FOIA Advisory Committee September 7, 2023 Chat Comments

***This Request will be timely for Judicial Review in twenty working days***

I am submitting this request under the Freedom of Information Act (“FOIA”), 5 U.S.C. § 552 et seq., as amended. If you deny all or any part of this request, please cite each specific exemption you think justifies your decision not to release the information and notify me of appeal procedures available under the law. References cited below apply.

RECORDS SOUGHT VIA FOIA.

Expedited FOIA Request NARA 23 -G. Muckrock. FOIA Advisory Committee September 7, 2023 Chat Comments See PDF.

1. All records of the September 7, 2023 Webex Chat
• Records would include “all panelist” chat comments as well as any direct comments to any member participating in the meeting, including OGIS support personnel and the conference moderator. This includes Committee members present at the virtual meeting. Others present or participating in the virtual meeting, including all registered participants.

2. Records of all persons who registered via Eventbrite to attend the meeting.

3. The Agency copy of this FOIA Request this FOIA request itself is an agency record, “received by an agency of the United States Government under Federal law or in connection with the transaction of public business” 44 U.S.C. § 3301 (emphasis supplied).

The definition of “records” includes:
“[A]ill books, papers, maps, photographs, machine readable materials, or other documentary materials, regardless of physical form or characteristics, made or received by an agency of the United States Government under Federal law or in connection with the transaction of public business and preserved or appropriate for preservation by that agency or its legitimate successor as evidence of the organization, functions, policies, decisions, procedures, operations, or other activities of the Government or because of the informational value of data in them.” 44 U.S.C. § 3301 (emphasis supplied).

REQUESTED FORMAT.

I am also seeking records in their native format (MS. Outlook, PowerPoint, Excel, ADA accessible PDF files by return email with: (1) a signed and dated cover letter (citing my personally assigned requester control number); (2) with record page count for all records released records (3) a copy of this request in your reply. I seek records via email in PDF format with an imbedded copy of my requests to (1) impede the agency from not addressing the FOIA Request; (2) impede the Agency from not providing the documents stated in the Agency’s letter reply, and (3) make it obvious in any subsequent review what the Agency has or has not done.

Further, I request that these records be sent in any digital format in which they exist (such as PDF and Excel). Under the terms of the E-FOIA Amendments of 1996, Section 5, if a document exists in electronic format, it must be released in that format upon request.

Each record must be provided as a distinct record in their native format. Emails should be provided as MS Outlook files, if not encrypted or otherwise unable to be opened by me. Only if this is not possible, emails should be produced with their embedded hyperlinked attachments by using the “File => Save as Adobe PDF” command within Outlook or by other software that produces the same result.

This request is distinctly separate from any other. Please do not combine this request with any other request in your reply. I am requesting that each element of the records sought be specifically addressed in the reply.

In all correspondence, return a copy of my FOIA request, cite my personal request number, and cite records sought.

FEE WAIVER/ PUBLIC INTEREST/PUBLIC RELEASE.

Notwithstanding my agreement to pay fees below if my fee waiver is denied, I am seeking a fee waiver due to significant public interest in this information. The subject of the requested records concerns "the operations or activities of the government.” The disclosure is "likely to contribute" to an understanding of government operations or activities. There is no commercial interest. There is significant public interest.

AGREEMENT TO PAY FEES.

I agree to pay fees for searching or copying the records up to $25. If the fees exceed this amount, please advise me of the cost before proceeding. I do not believe that there should be any charge for providing these records, as there is public interest in government operations. I am a private individual not seeking documents for commercial use, such that the following applies: “No fees may be charged by any DoD Component if the costs of routine collection and processing of the fee are likely to equal or exceed the amount of the fee. With the exception of requesters seeking documents for a commercial use, Components shall provide the first two hours of search time, and the first one hundred pages of duplication without charge.” I would note that because I am requesting an electronic file, there should not be a per page copy fee.

The OMB Guidelines direct that searches for responsive records should be done in the "most efficient and least expensive manner." See OMB Fee Guidelines, 52 Fed. Reg. at 10,017. As an “all others” requester, I may only be assessed search and duplication fees and not fees for review. See 32 CFR 286.12 - Schedule of fees. Also, please note that, should payment become necessary, the Coinage Act of 1965, specifically Section 31 U.S.C. 5103, entitled "Legal tender," states: " United States coins and currency (including Federal reserve notes and circulating notes of Federal reserve banks and national banks) are legal tender for all debts, public charges, taxes, and dues. Foreign gold or silver coins are not legal tender for debts.
( Pub. L. 97–258, Sept. 13, 1982, 96 Stat. 980 ; Pub. L. 97–452, §1(19), Jan. 12, 1983, 96 Stat.
2477 .)

EXPEDITED PROCESSING.

I certify to the best of my knowledge and belief that a compelling need exists for expedited processing as discussed below:

1. Records are the subject of widespread and exceptional media interest and the information sought involves possible questions about the government's integrity that affect public confidence.
a. FOIA Advisory Committee certified meeting minutes must be accurate. If they are not, it is explosive.
2. Additionally, (although a private requester) I am an individual/organization primarily engaged in the dissemination of information who can prove the information is urgently needed to inform the public concerning some actual or alleged government activity. My primary activity is informing the public, which I do through a variety of means, such as open meeting public comments, blogs, etc., and I may from time to time collaborate on articles. There is extraordinary, off the charts interest in this matter and NARA’s execution. I make oral public comments at every open FOAI meeting. I have an active email distribution list of Chief FOIA Officers, FOIA professionals, FOIA advocacy groups media and interested parties. I also communicate regularly with members of Congress.
• See examples below.

- Public Comments Submitted to the Chief FOIA Officers Council
https://www.archives.gov/ogis/about-ogis/chief-foia-officers-council

- Public Comments Submitted to the FOIA Advisory Committee | National Archives https://www.archives.gov/ogis/foia-advisory-committee/public- comments

- OGIS Annual Open Meeting Public comments
https://www.archives.gov/ogis/outreach-events/annual-open-meeting

- Document Cloud. Org https://www.documentcloud.org/app?q=%2Buser%3Arobert-hammond- 106693%20 (e.g., “Sample FOIA Template With Recent Developments to Combat Agency Misconduct.”)
NARA must evaluate all my public comments (which NARA has) along with my methods of dissemination and state that it has done so in any denial of expedited processing.
• The subject of the requested records concerns government operations and activities.
• Government misconduct is apparent The definition of “records” includes:
• “[A]ill books, papers, maps, photographs, machine readable materials, or other documentary materials, regardless of physical form or characteristics, made or received by an agency of the United States Government under Federal law or in connection with the transaction of public business and preserved or appropriate for preservation by that agency or its legitimate successor as evidence of the organization, functions, policies, decisions, procedures, operations, or other activities of the Government or because of the informational value of data in them.” 44 U.S.C. § 3301 (emphasis supplied).
• The disclosure is likely to contribute to understanding of these operations or activities.
• Disclosure will likely result in public understanding of the subject.
• The contribution to public understanding of government operations or activities will be significant.
• The requester has no commercial interest.
• The public interest in disclosure is great.
• I use “editorial skills to turn the raw materials into a distinct work.”

See PDF for full appeal with Addencums.

Robert Hammond
via Muckrock.com

December 24, 2022

Deputy Archivist of the United States
National Archives and Records Administration,
8601 Adelphi Rd.,
College Park, Maryland 20740.
Subject: Expedited Appeal of FOIA Request NARA 23-G Muckrock. FOIA Advisory Committee September 9, 2023 Chat Comments
Agency FOIA Tracking Number. NGC23-580
*** This appeal will be timely for judicial review within twenty working days ***

Addendum I is my Unauthorized Records Disposition Complaint to NARA regarding the destruction of records responsive to this request. Within Addendum I, Attachment A is the Agency’s response to my Subject FOIA request, whereas Attachment B therein is my subject FOIA Request.

Addendum II is a screenshot documenting seeming fraud, violations of NARA’s policies regarding posting and investigating unauthorized disposition complaints and thus also a violation of the Administrative Procedures Act in NARA failing to follow its own published policies.

Addendum III is DOJ OIP complaint regarding this matter, which contains therein my request for NARA’s Office of Government Information Services formal mediation and my distinct request for NARA FOIA Public Liaison dispute resolution, which is a distinct right under FOIA, separate from any other actions and remaining in effect until the time of litigation, if any. The fact of my appeal and any subsequent response to it by NARA doe does not render moot my requests for OGIS formal mediation and NARA FPL dispute resolution. Moreover, OGIS may not circumvent formal mediation by contacting NARA’s FPL, as these are distinct rights.

All records are available on Muckrock.com at https://www.muckrock.com/foi/united-states-of-america-10/expedited-foia-request-nara-23-g-muckrock-foia-advisory-committee-september-7-2023-chat-comments-151780/ .

NARA’s appellate determination must be via Muckrock.com.

All violations of the FOIA statute or any federal law or policy are subject to inclusion in a FOIA appeal. FOIA is not exempt from federal laws and the FOIA statute does not limit what may be included in an appeal.

RECORDS SOUGHT VIA FOIA - NARA 23-G Muckrock.

Expedited Appeal of September 10, 2023 FOIA Request NARA 23-G Muckrock. FOIA Advisory Committee September 9, 2023 Chat Comments.

See PDF.

Expedited FOIA Request NARA 23 -G. Muckrock. FOIA Advisory Committee September 7, 2023 Chat Comments
See PDF.

1. All records of the September 7, 2023 Webex Chat
• Records would include “all panelist” chat comments as well as any direct comments to any member participating in the meeting, including OGIS support personnel and the conference moderator. This includes Committee members present at the virtual meeting. Others present or participating in the virtual meeting, including all registered participants.

2. Records of all persons who registered via Eventbrite to attend the meeting.

3. The Agency copy of this FOIA Request this FOIA request itself is an agency record, “received by an agency of the United States Government under Federal law or in connection with the transaction of public business” 44 U.S.C. § 3301 (emphasis supplied).

The definition of “records” includes:
“[A]ill books, papers, maps, photographs, machine readable materials, or other documentary materials, regardless of physical form or characteristics, made or received by an agency of the United States Government under Federal law or in connection with the transaction of public business and preserved or appropriate for preservation by that agency or its legitimate successor as evidence of the organization, functions, policies, decisions, procedures, operations, or other activities of the Government or because of the informational value of data in them.” 44 U.S.C. § 3301 (emphasis supplied).

BASIS FOR EXPEDITED APPEAL.
My FOIA request sought expedited processing; therefore, this appeal must be expedited. This is a separate appeal from any other matter.
This appeal cites potential violations of the law under multiple statutes. FOIA is not exempt from those statutes, which may be relevant to any judicial proceeding.
NARA must adjudicate this appeal using only the facts at the time of this appeal. There cannot be any unlawful “moot” determinations. In any instance where the agency failed to meet the requirements of my appeal at the time it is received, the Agency must grant my appeal as to those matters and remand the request back to NARA for continued processing.
1. Untimely Expedited Processing Denial.
a. NARA failed to respond to my September 13, 2023 expedited FOIA request for expedited processing within ten days in violation of the FOIA statute. U.S. Code 552(a)(6)E(ii)(I).
(I) that a determination of whether to provide expedited processing shall be made, and notice of the determination shall be provided to the person making the request, within 10 days after the date of the request; and
(II) expeditious consideration of administrative appeals of such determinations of whether to provide expedited processing.
b. NARA failed to respond to my request for expedited processing within ten days in violation of NARA’s own FOIA regulation and therefor also the Administrative Procedures Act (Public Law 79–404, 60 Stat. 237; 5 U.S.C. §§ 551–559.). See NARA FOIA policy 36 CFR Part 1250.28(d) at NARA FOIA regulations | National Archives https://www.archives.gov/foia/regulations.
c. NARA received my FOIA request on September 13, 2023 and did not issue a determination until September 27, 2023. Not withstanding that NARA ultimately responded to my FOIA request, NARA’s failure to timely respond to my FOIA request for expedited processing is not made moot.
2. Expedited Processing Denial Basis.
a. NARA must address every element of my request for expedited processing, as all elements are intertwined, and NARA did not do so.
b. NARA did not address my request for expedited processing based on “eminent loss of due process rights.” (See paragraph 4 of my request for expedited processing). Therefore, NARA has no choice but to grant my appeal on that basis.
c. As to “an urgent need to inform the public about an actual or alleged Federal Government activity,” my justification cites government misconduct and the (then) upcoming “December 1, 2022, where this will be a topic.”
d. EXPEDITED PROCESSING JUSTIFICATION.

I certify to the best of my knowledge and belief that a compelling need exists for expedited processing as discussed below:

1. Records are the subject of widespread and exceptional media interest and the information sought involves possible questions about the government's integrity that affect public confidence.
a. FOIA Advisory Committee certified meeting minutes must be accurate. If they are not, it is explosive.
2. Additionally, (although a private requester) I am an individual/organization primarily engaged in the dissemination of information who can prove the information is urgently needed to inform the public concerning some actual or alleged government activity. My primary activity is informing the public, which I do through a variety of means, such as open meeting public comments, blogs, etc., and I may from time to time collaborate on articles. There is extraordinary, off the charts interest in this matter and NARA’s execution. I make oral public comments at every open FOAI meeting. I have an active email distribution list of Chief FOIA Officers, FOIA professionals, FOIA advocacy groups media and interested parties. I also communicate regularly with members of Congress.
• See examples below.

- Public Comments Submitted to the Chief FOIA Officers Council
https://www.archives.gov/ogis/about-ogis/chief-foia-officers-council

- Public Comments Submitted to the FOIA Advisory Committee | National Archives https://www.archives.gov/ogis/foia-advisory-committee/public- comments

- OGIS Annual Open Meeting Public comments
https://www.archives.gov/ogis/outreach-events/annual-open-meeting

- Document Cloud. Org https://www.documentcloud.org/app?q=%2Buser%3Arobert-hammond- 106693%20 (e.g., “Sample FOIA Template With Recent Developments to Combat Agency Misconduct.”)
NARA must evaluate all my public comments (which NARA has) along with my methods of dissemination and state that it has done so in any denial of expedited processing.
• The subject of the requested records concerns government operations and activities.
• Government misconduct is apparent.
• The definition of “records” includes:
“[A]ill books, papers, maps, photographs, machine readable materials, or other documentary materials, regardless of physical form or characteristics, made or received by an agency of the United States Government under Federal law or in connection with the transaction of public business and preserved or appropriate for preservation by that agency or its legitimate successor as evidence of the organization, functions, policies, decisions, procedures, operations, or other activities of the Government or because of the informational value of data in them.” 44 U.S.C. § 3301 (emphasis supplied).
• The disclosure is likely to contribute to understanding of these operations or activities.
• Disclosure will likely result in public understanding of the subject.
• The contribution to public understanding of government operations or activities will be significant.
• The requester has no commercial interest.
• The public interest in disclosure is great.
• I use “editorial skills to turn the raw materials into a distinct work.”
• My work is distributed by email to an audience of FOIA professionals, media, and interested parties with frequent active distribution.

3. The FOIA Advisory Committee meeting is December 1, 2022, where this will be a topic.

4. I am seeking expedited processing due to eminent substantial loss of due process rights in connection with mediation and potential litigation of requests and appeals within FOIAonline and others.
3. Expedited Processing – NARA Did Not Grant Any Expedited Processing in FY 2022.
a. NARA’s Annual FOIA Reporting is knowingly false based on records I have placed into the public domain in written public comments to open FOIA meetings.
b. Notwithstanding NARA’s willful false FOIA reporting- about which DOJ OIP has done nothing to correct and has been complicit in – NARA’s FY 2022 Annual FOIA report states that NARA did not process a single expedited FOIA request.
c. This is a” pattern of practice” abuse.
4. Fee Waiver – Failure to Respond.
a. NARA failed to respond to my request for fee waiver as mandated by the FOIA statute and NARA’s FOIA policy. Notwithstanding that NARA did not ultimately charge fees, the fact that NARA failed to respond to my request for fee waiver is not moot. NARA must therefore grant my appeal on this basis.
5. Untimely Claim of Unusual Circumstances.
a. NARA unlawfully claimed unusual circumstances on October 12, 2023 after the twenty-working day mandatory time for response had already passed. NARA must grant my appeal on this basis. It is not moot as a matter of law.
6. Unusual Circumstances -Unlawful Failure to Describe Unusual Circumstances.
a. NARA must describe what the alleged unusual circumstances are. Instead, NARA simply stated, “Your request falls within one of the “unusual circumstances” categories contemplated by the FOIA, 5 U.S.C. § 552(a)(6)(B)(iii) (I), (II) and (III), and we need additional time to respond to your request beyond the twenty business days provided by the FOIA statute.”
7. Unusual Circumstances - Unlawful Failure to Offer Limiting the Scope.
a. In violation of the FOIA statute, DOJ FOIA Policy, NARA FOIA policy and the Administrative Procedures Act, NARA did not include in its notice asserting unusual circumstances an offer for the requester to limit the scope of the subject FOIA request.
8. Unusual Circumstances - Aggregating FOIA Requests; Individualized Tracking Numbers.
a. NARA must assign individualized tracking numbers to every FOIA request even if aggregating for the purpose of determining unusual circumstances and NARA does not do so.
9. Unusual Circumstances and Processing Queues Unlawful Citation – -36 CFR § 1250.26 (f).
a. NARA impermissibly states that: However, if complexity or unusual circumstances prevent NARA from making a decision within 20 working days, we place your request into a complex processing queue.
b. The intent of “multitrack processing is not meant to circumvent the twenty-working day time standard.
c. In violation of NARA’s FOIA policy and therefore the Administrative Procedurdss Act, NARA does not classify all FOIA requests taking more than twenty working days to process as COMPLEX. If this were true, NARA would not have any Simple FOIA requests taking longer than twenty working days to process. However, NARA’s FY 2022 Annual FOIA Report shows that on average NARA answers SIMPLE FOIA requests in 224 days.
10. False FOIA Reporting.
a. My many written public comments – cited in my justification for expedited processing – document NARA’s massive false FOIA reporting with intent and DOJ OIP’s complicity in it.
b. As one example related to “Simple” FOIA requests, NARA’s FY 2022 annual FOIA report states that the oldest FOIA requests is 2,516 days old, yet NARA’s FY 2921 Annual FOIA report states (365 days earlier) that the oldest request is 891 days old. The oldest request cannot go from 891 days old to 2,516 days old in a 365-day period. DOJ OIP knows this. An analysis of NARA’s raw data is warranted.
c. In any litigation, the massive inaccuracy of NARA’s FOIA reporting will be a central issue.
11. Failure to Respond Within the Additional Ten Days of Asserted Unusual Circumstances.
12. Failure to Timely Issue IDA Letter in Twenty Working Days. NARA did not respond to my September 13, 2023 FOIA request until November 17, 2023. NARA must grant my appeal on this basis.
13. Inadequate Search and/or Unlawful Destruction of Records.
a. NARA must address the inadequate search and/or unlawful destruction of records based on NARA’s official statement that it could not locate:
All records of the September 7, 2023 Webex Chat
• Records would include “all panelist” chat comments as well as any direct comments to any member participating in the meeting, including OGIS support personnel and the conference moderator. This includes Committee members present at the virtual meeting. Others present or participating in the virtual meeting, including all registered participants.
14. Unlawful Destruction of Records. See Addendum I. NARA must address the matters therein. NARA unlawfully destroyed records of meeting participants. The Federal Advisory Committee Act mandates:
§10. Advisory committee procedures; meetings; notice, publication in Federal Register; regulations; minutes; certification; annual report; Federal officer or employee, attendance
(c) Detailed minutes of each meeting of each advisory committee shall be kept and shall contain a record of the persons present, a complete and accurate description of matters discussed and conclusions reached, and copies of all reports received, issued, or approved by the advisory committee. The accuracy of all minutes shall be certified to by the chairman of the advisory committee.
15. Violation of the Federal Advisory Committee Act 5 USC Chapter 10
NARA unlawfully destroyed records of meeting participants. The Federal Advisory Committee Act mandates:
§10. Advisory committee procedures; meetings; notice, publication in Federal Register; regulations; minutes; certification; annual report; Federal officer or employee, attendance
(c) Detailed minutes of each meeting of each advisory committee shall be kept and shall contain a record of the persons present, a complete and accurate description of matters discussed and conclusions reached, and copies of all reports received, issued, or approved by the advisory committee. The accuracy of all minutes shall be certified to by the chairman of the advisory committee
16. Status Issued after November 17, 2023 IDA States FOIA Request Still Open - False Official Statement.
a. In a November 21, 2023 status update, after NARA had already issued an IDA response on November 17, 2023, NARA states:
“Currently, NGC23-580 is #497 in our complex FOIA queue. Our estimated time to completion is 41 months from today.”
17. Courtesy Copy of My FOIA Request – Withholding Records/Inaccurate Statement.
a. In creating a materially false record for the court in nay litigation, NARA states that “A courtesy copy of your initial request has been appended to our response to you.” NARA is refusing to acknowledge that the agency copy of my FOIA request is an official record that I properly sought under FOIA and must be identified as such. NARA has previously failed to return a copies of my incoming FOIA requests and this inaccurate statement is designed to protect those other unlawful withholding of records.
18. Exemption B6 – Unlawful Withholding/Redactions.
a. NARA has unlawfully withheld in its entirety under B6 the “Records of all persons who registered via Eventbrite to attend the meeting.”b.§10. Advisory committee procedures; meetings; notice, publication in Federal Register; regulations; minutes; certification; annual report; Federal officer or employee, attendance
b. Whereas NARA is required to include this in its publicly posted meeting minutes per the Federal Advisory Committee Act.
§10. Advisory committee procedures; meetings; notice, publication in Federal Register; regulations; minutes; certification; annual report; Federal officer or employee, attendance
(c)Detailed minutes of each meeting of each advisory committee shall be kept and shall contain a record of the persons present, a complete and accurate description of matters discussed and conclusions reached, and copies of all reports received, issued, or approved by the advisory committee. The accuracy of all minutes shall be certified to by the chairman of the advisory committee.
c. Within those persons who registered via WEBEX and participated in the meeting are:
 FOIA Advisory Committee members whose identities are publicly posted.
 NARA and DOJ OIP staff whose identities are publicly posted.
 My registration, which NARA cannot redact under B6.
d. "The presumption in favor of disclosure is as strong [under Exemption 6] as can be found anywhere in the Act.” See Wash. Post Co. v. HHS, 690 F.2d 252, 261 (D.C. Cir. 1982).
e. The Agency redacted names in my emails to them and in other records that are clearly already in the public domain.
As a general matter, “[o]ne can have no privacy interest in information that is already in the public domain, especially when the person asserting his privacy is himself responsible for placing that information into the public domain. See Citizens for Responsibility & Ethics in Wash., 2012 WL 45499 at *6; see also Department of Justice, Office of Information Policy, Exemption 6 at 435, http://www.justice.gov/oip/foia_guide09/exemption6.pdf (“Unless the information has become ‘practically obscure’. . . there is generally no expectation of privacy regarding information that is particularly well known or is widely available within the public domain.”).
f. Government misconduct. Government misconduct is at issue regarding FOIA/PA processes, including the potential destruction of records. The public interest is particularly high where government misconduct is concerned. See Trentadue v. Integrity Comm., 501 F.3d 1215, 1234 (10th Cir. 2007).
g. NARA releases this same information in its meeting minutes for the Chief FOIA Officers Council, which contains many of the same participants as the FOIA Advisory Committee. See Chief Freedom of Information Act Officers Council Meeting Minutes – April 21, 2022 at https://www.archives.gov/ogis/about-ogis/chief-foia-officers-council/mtg-min-2022-04-21.
19. No articulated Foreseeable Harm.
a. The 2016 amendments to FOIA[1] added a foreseeable harm provision to the statute. After its enactment, "the government’s successful invocation of a FOIA exemption cannot justify its withholding of exempt material without a more particularized inquiry into what sort of foreseeable harm would result from the material’s release.
5 U.S.C. § 552(a)(8)
(A) An agency shall—
(i) withhold information under this section only if—
(I) the agency reasonably foresees that disclosure would harm an interest protected by an exemption described in subsection (b); or
(II) disclosure is prohibited by law
b. NARA OIG did not articulate foreseeable harm for each of its withholdings/redactions as mandated by the FOIA statute.
c. This is extremely important because as articulated on DOJ OIP’s website Vol. XV, No. 2 under OIP Guidance “Applying the foreseeable Harm Standard Under Exemption 5” DOJ states:
“In short, it be shall the policy of the Department of Justice to defend the assertion of a FOIA exemption only in those cases where the agency reasonably foresees that disclosure would be harmful to an interest protected by that exemption.”
FOIA Update: OIP Guidance: Applying the "Foreseeable Harm" Standard Under Exemption Five | OIP | Department of Justice , https://www.justice.gov/oip/blog/foia-update-oip-guidance-applying-forseeable-harm-standard-under-exemption-five
d. See also D.C. Circuit: FOIA’s ‘foreseeable harm’ standard has teeth. Analysis by the Reporter’s Committee for Freedom of the Press, Adam. A. Marshall July 26, 2021 at https://www.rcfp.org/dc-circuit-foreseeable-harm-ruling/.
e. See Foreseeable Harm Discussion in the December 1, 2022 FOIA Advisory Committee meeting transcript by Anne Weismann and Ryan Mulvey at https://www.archives.gov/ogis/foia-advisory-committee/2022-2024-term/foiaac-mtg-transcript-2022-12-01.
f. See Hammond Public Comments. Document Cloud Alphabetical (25 per page on web, not alphabetical) at https://www.documentcloud.org/app?q=%2Buser%3Arobert-hammond-106693%20
 Foreseeable Harm Standard Errantly Cited - Proposed B5 Model Letter
 Foreseeable Harm Standard. DOJ OIP Misinformation + Navy Misconduct and Idiocy
 Foreseeable Harm Standard Vanita Gupta. November 3, 2022 CFO Meeting
 Sued into Oblivion. Foreseeable Harm Standard
20. Improperly Withholding Records Generally. Pursuant to FOIA:
“Whenever the court orders the production of any agency records improperly withheld from the complainant and assesses against the United States reasonable attorney fees and other litigation costs, and the court additionally issues a written finding that the circumstances surrounding the withholding raise questions whether agency personnel acted arbitrarily or capriciously with respect to the withholding, the Special Counsel shall promptly initiate a proceeding to determine whether disciplinary action is warranted against the officer or employee who was primarily responsible for the withholding. The Special Counsel, after investigation and consideration of the evidence submitted, shall submit his findings and recommendations to the administrative authority of the agency concerned and shall send copies of the findings and recommendations to the officer or employee or his representative. The administrative authority shall take the corrective action that the Special Counsel recommends.” 5 U.S.C. § 552(a)(4)(F)(i).
Appellate Authority Action Sought. I am seeking that the Appellate Authority:
1. Process my expedited appeals in the order in which they were received.
2. Address each of the elements and sub-element of my request and the basis of my appeal fully and separately and on the facts at the time of the appeal,
3. Grant each element of my appeal;
4. Remand my FOIA request back to the Agency for direct reply to me (with proper FOIA processing calculations); and,
5. Grant me new appellate rights following a subsequent reply by the Agency. Do not simply release records without restoring my appeal rights.
6. Grant me new appellate rights for any additional appellate basis for denial of any portion of the records sought.
7. Provide response via email with cover letter and record account via Muckrock.com.

With respect,

/s/
Robert Hammond
Requester
Whistleblower

Addendum I. Unauthorized Records Disposition Complaint to NARA
• Attachment A is the Agency’s response to my Subject FOIA request
• Attachment B therein is my subject FOIA Request.

Addendum II. Screenshot of NARA Posted UD Complaints

Addendum III. DOJ OIP complaint regarding this matter (without redundant attachments)
• request for NARA’s Office of Government Information Services formal mediation
• request for NARA FOIA Public Liaison dispute resolution

References:
(a) The Freedom of Information Act (“FOIA”), 5 U.S.C. § 552 et seq., as amended,
(b) Joint publication of U.S. Department of Justice, Executive Office of the President and U.S. General Services Administration of July 2011, “Your Right to Federal Records”
(c) The Privacy Act (“PA”) of 1974, 5 U.S.C. § 552a, et seq., as amended
(d) DoD 5400.11-R, May 14, 2007, Department of Defense Privacy Program
(e) DoD 5400.7-R, September 1998, DoD Freedom of Information Act (FOIA) Program
(f) DoD 6025.18-R, Jan. 24, 2003, DoD Health Information Privacy Regulation
(g) GAO Report GAO-12-828 of July 2012, subject Freedom of Information Act
(h) Department of Justice Handbook for Agency Annual Freedom of Information Act Reports
(i) Administrative Instruction 106, “Alternative Dispute Resolution (ADR) Program,” January 30, 2014
(j) DoD Directive 5145.01, “General Counsel of the Department of Defense (GC DoD),” December 2, 2013, as amended
(k) DoD Directive 5145.04, “Defense Legal Services Agency (DLSA),” April 16, 2012
(l) DoD Directive 5400.11, “DoD Privacy Program,” October 29, 2014
(m) DoD Manual 8910.01, Volume 1, “DoD Information Collections Manual: Procedures for DoD Internal Information Collections,” June 30, 2014
(n) Executive Order 12988, “Civil Justice Reform,” February 5, 1996
(o) Public Law 101-552, “Administrative Dispute Resolution Act,” November 15, 1990
(p) Public Law 104–320, “Administrative Dispute Resolution Act of 1996,” October 19, 1996
(q) Presidential Memorandum for Heads of Executive Departments and Agencies, “Designation of Interagency Committees to Facilitate and Encourage Agency Use of Alternate Means of Dispute Resolution and Negotiated Rulemaking,” May 1, 1998
(r) United States Code, Title 5
(s) DoD Instruction 5145.05, “Alternative Dispute Resolution (ADR) and Conflict Management”
(t) Alternate Dispute Resolution Handbook (opm.gov/policy-data-oversight/employee-relations/employee-rights-appeals/alternative-dispute-resolution/handbook.pdf)
(u) President Obama's FOIA Memorandum and Attorney General Holder's FOIA Guidelines (justice.gov/sites/default/files/oip/legacy/2014/07/23/foia-memorandum.pdf)