FBI Legat-FSB communications re: Tsarnaev

To Whom It May Concern:

This is a request under the Freedom of Information Act. I hereby request the following records:

All correspondence between the Moscow LEGAT and the Russian Federal
Security Service (FSB) regarding Tamerlan and Zubeidat Tsarnaev.

Per the joint Inspector General review:

In March 2011, the FBI Legal Attaché (LEGAT) in Moscow received a memorandum in Russian from the FSB regarding Tamerlan Tsarnaev and Zubeidat Tsarnaeva.

On March 9, 2011, the LEGAT in Moscow sent a letter to the FSB acknowledging receipt of the information and requesting that it keep the FBI informed of any details it developed on Tamerlan Tsarnaev and Zubeidat Tsarnaeva.

Accordingly, after the closing of the assessment, the LEGAT sent two letters to the FSB: one dated August 8, 2011, which stated that a review of FBI databases revealed no derogatory information about Tamerlan Tsarnaev and erroneously characterized him as a former prosecutor in Kyrgyzstan; and one dated October 7, 2011, which corrected the earlier error and provided information about Tamerlan Tsarnaev and Zubeidat Tsarnaeva developed during the assessment. Both letters requested that the FSB provide additional information in its possession regarding Tsarnaev.

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

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on April 10, 2014. Please let me know when I can expect to receive a response, or if further clarification is needed.

Thank you for your help.

Director, Office of Information Policy (OIP)
U.S. Department of Justice
1425 New York Ave., NW, Suite 11050
Washington, D.C. 20530-0001

June 6, 2014

To Whom It May Concern:

This is an appeal of the rejection of FOIA 1266519-000, in which I requested correspondence between the Moscow LEGAT and the Russian Federal Security Service (FSB) regarding Tamerlan and Zubeidat Tsarnaev.

The FBI FOIA office has suggested that releasing the requested document "could reasonably be expected to interfere with enforcement proceedings." However, the FBI FOIA staff did not substantiate this claim in any way. Furthermore, there is no clear reasonable expectation of interference at play here. Tamerlan Tsarnaev himself is dead, which throws the exemptions cited here into sharp question.

For this and any other reasons deemed relevant by the appeal authority, I request that this FOIA be remanded back to the FBI FOIA office for processing and release of the requested document.

Respectfully,

Shawn Musgrave