FBI-JSOC MOU/MOA (U.S. Special Operations Command - USSOCOM)
Tracking # |
15-AC-0023-A1, 2014-126 15-AC-0023-A1 |
Submitted | April 11, 2014 |
Est. Completion | None |
MuckRock users can file, duplicate, track, and share public records requests like this one. Learn more.
Communications
From: Shawn Musgrave
To Whom It May Concern:
This is a request under the Freedom of Information Act. I hereby request the following records:
The document or documents — often called memorandum of understanding (MOU) or memorandum of agreement (MOA) that outline the current relationship between the FBI and the Joint Special Operations Command (JSOC)
I also request that, if appropriate, fees be waived as I believe this request is in the public interest. The requested documents will be made available to the general public free of charge as part of the public information service at MuckRock.com, processed by a representative of the news media/press and is made in the process of news gathering and not for commercial usage.
In the event that fees cannot be waived, 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,
Shawn Musgrave
From: MuckRock.com
To Whom It May Concern:
I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on April 11, 2014. Please let me know when I can expect to receive a response, or if further clarification is needed.
Thank you for your help.
From: MuckRock.com
To Whom It May Concern:
I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on April 11, 2014. Please let me know when I can expect to receive a response, or if further clarification is needed.
Thank you for your help.
From: USSOCOM FOIA
Hello Mr. Musgrave,
Please find attached the official acknowledgement letter for your recent Freedom of Information Act (FOIA) request addressed to the U.S. Special Operations Command (USSOCOM) regarding Memorandum of Understanding or Memorandum of Agreement that outline the current relationship between the FBI and the Joint Special Operations Command. We assigned your request USSOCOM Control Number 2014-126.
If you have any questions or concerns, please do not hesitate to contact us at FOIA@socom.mil.
Regards,
USSOCOM FOIA Team
From: MuckRock.com
To Whom It May Concern:
I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on April 11, 2014. Please let me know when I can expect to receive a response, or if further clarification is needed. You had assigned it reference number #2014-126.
Thank you for your help.
From: USSOCOM FOIA
Mr. Musgrave,
I understand that we have not provided you with a final response to your
request as of this date and we apologize for any inconvenience.
According to DoD Regulation 5400.7-R, all FOIA requests are processed in a
first-in, first-out basis and/or based upon complexity, whether it involves
sensitive records, voluminous records, extensive searches, consultation
among DoD components or other agencies, and our administrative workload.
When this request, 2014-126, was acknowledged June 2014, we had a
considerable backlog, we acknowledged receipt of your request, and notified
you that our estimated date of completion is six to nine months.
We are processing FOIA requests as expeditiously as possible and as soon as this
request is finalized, we will provide you with a response.
Thank you for your patience and, again, we apologize for the delay.
v/r
Connie
Connie H. Rupp
USSOCOM FOIA/PA/CL Officer
MacDill AFB, FL 33621
Phone: 813 826-4030
DSN: 299-4030
Red: 299-5990
JWICS: rc06973@socom.ic.gov
From: MuckRock.com
To Whom It May Concern:
I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on April 11, 2014. Please let me know when I can expect to receive a response, or if further clarification is needed. You had assigned it reference number #2014-126.
Thank you for your help.
From: MuckRock.com
To Whom It May Concern:
I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on April 11, 2014. Please let me know when I can expect to receive a response, or if further clarification is needed. You had assigned it reference number #2014-126.
Thank you for your help.
From: MuckRock.com
To Whom It May Concern:
I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on April 11, 2014. Please let me know when I can expect to receive a response, or if further clarification is needed. You had assigned it reference number #2014-126.
Thank you for your help.
From: USSOCOM FOIA
Mr. Musgrave,
Attached is a final response letter to the Freedom of Information Act (FOIA) request you submitted to U.S. Special Operations Command (USSOCOM FOIA 2014-126).
Regards,
USSOCOM FOIA Team
From: Shawn Musgrave
OSD/Joint Staff Freedom of Information, ATTN: Appeals Office
1155 Defense Pentagon
Washington, D.C. 20301-1155
November 26, 2014
To Whom It May Concern:
This is an appeal for the rejection of FOIA 2014-126 by the UNITED STATES SPECIAL OPERATIONS COMMAND via the attached letter dated November 19, 2014.
In its response letter, USSOCOM FOIA staff invoke exemptions 2, 3, 5 and 6 in withholding one responsive document in its entirety. None of the cited exemptions is applicable to the requested memorandum of agreement/memorandum of understanding requested herein.
As outlined in the rejection letter, exemption 2 pertains to "information that is related solely to agency internal personnel rules and practices." A MOU or MOA as requested here specifically pertains to the relationship among one or more government agencies. It is unclear how exemption 2 applies at all. If it does apply to any portion of the requested document, such portion(s) may be redacted in part, and their existence does not justify withholding the document in full.
As outlined in the rejection letter, exemption 3 "pertains to personnel in sensitive, routinely deployable and overseas units." Again, an MOU or MOA specifically covers the relationship between two agencies, and as such it is unclear how exemption 3 is applicable to the present FOIA request. If it does apply to any portion of the requested document, such portion(s) may be redacted in part, and their existence does not justify withholding the document in full. In any case, USSOCOM has merely cited the exemption without providing justification as to its applicability.
As outlined in the rejection letter, exemption 5 pertains to "inter- and intra-agency records which are both deliberative in nature as well as part of the decisionmaking process." An MOU/MOA is a formal agreement that has been concluded between two agencies. If it has been concluded, it could not be considered deliberative. USSOCOM has provided no indication as to whether the document it identified via its search is a draft MOU/MOA (again, the agency provided precious little detail whatsoever in its rejection). But if invocation of exemption 5 is in this vein, additional scrutiny is merited given that the JSOC relationship between the FBI and USSOCOM goes back to 2006, at least, per media reports. (See, for instance, the Washington Post review: http://www.washingtonpost.com/world/national-security/inside-the-fbis-secret-relationship-with-the-militarys-special-operations/2014/04/10/dcca3460-be84-11e3-b195-dd0c1174052c_story.html). Agencies cannot classify documents as "draft" indefinitely simply to avoid disclosure.
Finally, as outlined in the rejection letter, exemption 6 pertains to "personal information that, if disclosed, would result in a clearly unwarranted invasion of personal privacy." Here, once again, the applicability of the exemption is unclear and USSOCOM has provided zero justification or detail. An MOU/MOA pertains to the relationship between government agencies. Any potential invasions of privacy could be addressed via partial redactions, and a wide-stroke claim as USSOCOM makes here does not justify withholding the requested document in full.
In light of the above, I respectfully request that you remand this request back to USSOCOM for an additional search and release of responsive documents.
Respectfully,
Shawn Musgrave
MuckRock
From: U.S. Special Operations Command - USSOCOM
An interim response, stating the request is being processed.
From: Shawn Musgrave
Hello -
Please advise as to the status of this appeal.
Best,
Shawn Musgrave
Reporter, MuckRock
From:
Good afternoon Mr. Musgrave,
This is a final response to your FOIA Appeal #15-AC-0023-A1 for your USSOCOM FOIA #2014-126. We are remanding your request to USSOCOM for a new review on the responsive document. Please see attached letter for more information.
v/r,
Adam H. Johnson
FOIA Appeals Analyst
Defense Privacy, Civil Liberties, and Transparency Division
Directorate for Oversight and Compliance
Office of the Chief Management Officer
Office of the Secretary of Defense
Office: 571-372-0470
Fax: 571-372-5967
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following Freedom of Information Act request, copied below, and originally submitted on April 11, 2014. Please let me know when I can expect to receive a response. You had assigned it reference number #15-AC-0023-A1, 2014-126.
Thanks for your help, and let me know if further clarification is needed.
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following Freedom of Information Act request, copied below, and originally submitted on April 11, 2014. Please let me know when I can expect to receive a response. You had assigned it reference number #15-AC-0023-A1, 2014-126.
Thanks for your help, and let me know if further clarification is needed.
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following Freedom of Information Act request, copied below, and originally submitted on April 11, 2014. Please let me know when I can expect to receive a response. You had assigned it reference number #15-AC-0023-A1, 2014-126.
Thanks for your help, and let me know if further clarification is needed.
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following Freedom of Information Act request, copied below, and originally submitted on April 11, 2014. Please let me know when I can expect to receive a response. You had assigned it reference number #15-AC-0023-A1, 2014-126.
Thanks for your help, and let me know if further clarification is needed.
From: U.S. Special Operations Command - USSOCOM
Good morning,
Please find the attached response to your FOIA Appeal. You appeal was remanded to United States Special Operations Command (USSOCOM) for action and was closed in this office. You will be receiving a response to your initial FOIA Request from USSOCOM with appeal rights if any information is withheld.
Respectfully,
Don,
Don Nichelson, Sr.
Senior FOIA Appeals Analyst
Defense Privacy, Civil Liberties, and Transparency Division
Directorate for Oversight and Compliance
Office of the Chief Management Officer
Office of the Secretary of Defense
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following Freedom of Information Act request, copied below, and originally submitted on April 11, 2014. Please let me know when I can expect to receive a response. You had assigned it reference number #15-AC-0023-A1, 2014-126.
Thanks for your help, and let me know if further clarification is needed.
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following Freedom of Information Act request, copied below, and originally submitted on April 11, 2014. Please let me know when I can expect to receive a response. You had assigned it reference number #15-AC-0023-A1, 2014-126.
Thanks for your help, and let me know if further clarification is needed.
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following Freedom of Information Act request, copied below, and originally submitted on April 11, 2014. Please let me know when I can expect to receive a response. You had assigned it reference number #15-AC-0023-A1, 2014-126.
Thanks for your help, and let me know if further clarification is needed.
From: U.S. Special Operations Command - USSOCOM
Good afternoon,
As requested, I have contacted the COCOM and have been advised that a component has been tasked for re-review of the responsive information, and they are currently working on the case. Upon completion of the review process, USSOCOM will provide you a final response, and you will be afforded the opportunity to appeal any withheld information if needed.
Respectfully,
Don,
Don Nichelson, Sr.
Senior FOIA Appeals Analyst
Defense Privacy, Civil Liberties, and Transparency Division
Directorate for Oversight and Compliance
Office of the Chief Management Officer
Office of the Secretary of Defense
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following Freedom of Information Act request, copied below, and originally submitted on April 11, 2014. Please let me know when I can expect to receive a response. You had assigned it reference number #15-AC-0023-A1, 2014-126.
Thanks for your help, and let me know if further clarification is needed.
From: U.S. Special Operations Command - USSOCOM
Good morning,
FOIA Appeal case number #15-AC-0023-A1, 2014-126 was remanded to United States Special Operations (USSOCOM) for continued processing. As requested, I have contacted USSOCOM and have been advised that a component USSOCOM Has been tasked for re-review of the responsive information to determine if any additional information can be released.
Upon completion of the review process, USSOCOM will provide you a final response, and you will be afforded the opportunity to appeal any withheld information if needed.
Respectfully,
Don Nichelson, Sr.
Senior FOIA Appeals Analyst
Defense Privacy, Civil Liberties, and Transparency Division
Directorate for Oversight and Compliance
Office of the Chief Management Officer
Office of the Secretary of Defense
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following Freedom of Information Act request, copied below, and originally submitted on April 11, 2014. Please let me know when I can expect to receive a response. You had assigned it reference number #15-AC-0023-A1, 2014-126.
Thanks for your help, and let me know if further clarification is needed.
From: U.S. Special Operations Command - USSOCOM
Good afternoon,
Please be advised, FOIA Appeal. #15-AC-0023-A1, 2014-126 was remanded to USSOCOM for re-review of the responsive material. With that action, the case was closed in this office. When USSOCOM completes this review, they will not response to this office,. USSOCOM will provide you a direct response upon the completion of their remand review.
USSOCOM may be able to provide an estimated date of completion for this appeal.
Respectfully,
r/
Don,
Don Nichelson, Sr.
Senior FOIA Appeals Analyst
Defense Privacy, Civil Liberties, and Transparency Division
Directorate for Oversight and Compliance
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following Freedom of Information Act request, copied below, and originally submitted on April 11, 2014. Please let me know when I can expect to receive a response. You had assigned it reference number #15-AC-0023-A1, 2014-126.
Thanks for your help, and let me know if further clarification is needed.
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following Freedom of Information Act request, copied below, and originally submitted on April 11, 2014. Please let me know when I can expect to receive a response. You had assigned it reference number #15-AC-0023-A1, 2014-126.
Thanks for your help, and let me know if further clarification is needed.
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following Freedom of Information Act request, copied below, and originally submitted on April 11, 2014. Please let me know when I can expect to receive a response. You had assigned it reference number #15-AC-0023-A1, 2014-126.
Thanks for your help, and let me know if further clarification is needed.
From: U.S. Special Operations Command - USSOCOM
Good afternoon,
In response to your inquiry, please be advised that #15-AC-0023-A1, 2014-126# was remanded to USSOCOM and administratively closed in this office on March 26, 2020, please see attached. Should you wish to inquire further about the processing of your FOIA Request please contact the United States Special Operations Command' FOIA office.
Respectfully,
FOIA Team
Files
pages