FBI Milwaukee Fourteen

Matthew Guariglia filed this request with the National Archives And Records Administration – Archival Or Special Access of the United States of America.
Tracking #

RD 77093

Est. Completion None
Status
Fix Required

Communications

From: Matthew Guariglia

To Whom It May Concern:

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

Any files on the Milwaukee Fourteen, who were arrested for burning military draft cards on 24 September 1968. The FBI said to request file numbers 100A-BA-25222 and 100-MW-15812.

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,

Matthew Guariglia

From:

This is an automated reply to inform you that the National Archives and Records Administration received your email.

We have received your request and you will receive a response within 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 Matthew Guariglia:

I am currently working on your Freedom of Information Act (FOIA) request,
FOIA tracking number *RD 77093*. I will add the two Federal Bureau of
Investigation (FBI) case files numbers, *100A-BA-25222* and *100-MW-15812*
, to *RD 77093*. I will contact you once I have completed the search for
the records.

Sincerely,

REBECCA SHARP
Archivist
Special Access and FOIA Program (RF)
National Archives and Records Administration

8601 Adelphi Road

College Park, MD 20740-6001

(301) 837-0372

rebecca.sharp@nara.gov
www.archives.gov/research/foia/

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

Dear Matthew Guariglia:

I am writing in response to your Freedom of Information Act (FOIA) request
of February 6, 2023 for records in the custody of the National Archives and
Records Administration (NARA). NARA’s Textual Reference Archives II Branch
(RR2RR) forwarded your request to this office on April 19, 2023 and your
request was assigned FOIA tracking number RD 77093.

Please note that your initial email request dated February 6,2023 for “Any
files, memorandums, investigation findings, or reports concerning activists
targeting and burning recruitment and draft records during the Vietnam war
between 1965 and 1972, and specifically the incident in which 10,000 draft
files from the Milwaukee draft board on Sept. 24, 1968” is not proper
under the terms of the FOIA. The purpose of the FOIA is to provide access
to specific documents or records; it does not obligate federal agencies to
conduct in-depth research. Requesters are required to reasonably describe
the records they seek by providing as much information as possible
including the originating agency; dates of records; subject, title, author,
recipient; case, file, or reference number(s).

NARA does not have a computerized master index to the entirety of our
holdings. In fact, many records are unindexed.

Lyman Reid from RR2RR conducted a DOJ index search and provided the Special
Access and FOIA Program (RF) with the DOJ Classification 146 case file
numbers listed below.

-

case files 146-1-62-564 through 146-1-62-3693 on Donald Joseph Cotton
-

case file 146-1-85-817 on Michael Deans Cullen
-

case file 146-1-85-816 on John Hurbert Higgenbotham
-

case file 146-1-39-1097 on Douglas Ian Marvy
-

case file 146-1-39-1094 on Frederick John Ojile

NARA accessioned a very limited number of Classification 146-1 DOJ case
files. We have no evidence to suggest these files were ever in the custody
of NARA, as they do not appear on any accession paperwork, finding aids, or
other documentation. Lyman Reid from RR2RR found index cards that list
specific Classification 146 case file numbers (see the bullet point list
above).This index is part of NARA’s archival records and was created by the
DOJ during the course of their operations. NARA accepts the transfer of
files according to the agency's records schedule and not all the files
created by the agency (and therefore referenced in the index) would
necessarily be accessioned as permanent records by NARA. It is also
possible these files are still in the custody of the creating agency; the
DOJ.

Lyman Reid also recommended DOJ Classification 25 case files as these files
relate to the Selective Service Act. Unfortunately, we cannot process a
request for the entire series of DOJ Classification 25 case files due to
the very large volume of records. DOJ case files are arranged by file
number, with each file being specific to a particular subject. All files
must be reviewed for information exempt from disclosure under the FOIA. To
process your request, we would need a specific DOJ case file number(s).

In an effort to help you narrow the scope of your request, I searched
the Criminal
Division: General Name Alphabetical Index, 1930-1984, Entry UD WW 3152,
Records of the Department of Justice, Record Group 60. I located an index
card for case file 25-85-473 and the subject of this file is the Milwaukee
Forteen (see attachment for a copy of the index card).

I then checked the Class 25 (Selective Service Act) Litigation Case Files,
1920-1981, Entry A1 COR 25, Records of the Department of Justice, Record
Group 60. I was unable to locate case file 25-85-473.

I am administratively closing this portion of your request because the DOJ
case files that you requested access to are not among NARA’s holdings. If
the above listed Classification 146 case files and case file 25-85-473
still exist (not all files are deemed permanent), they may be in the
custody of the DOJ. For instructions on how to submit a FOIA request to the
DOJ, visit https://www.justice.gov/oip/make-foia-request-doj

Some members of the Milwaukee Fourteen were tried in a court of law. To
obtain a copy of a state or local court record, you will need to contact
the clerk of the court for the court that heard the trial. Federal court
records are held at various NARA research facilities. To determine the
appropriate NARA research facility to contact, please review our court
records webpage at https://www.archives.gov/research/court-records For
example, if a court case was heard by a federal court in Wisconsin, you
will need to contact the National Archives at Chicago (email address:
chicago.archives@nara.gov) to request a search for a court record.

On May 15, 2023 you contacted our office and requested access to two
Federal Bureau of Investigation (FBI) case file numbers,100A-BA-25222 and
100-MW-15812, that were provided to you by the FBI.

I searched for and located the two FBI case files summarized below:

-

case file 100A-BA-25222 with Baltimore Defense Committee (BDC) as the
subject of the records, compiled as part of a domestic security
investigation, created between September 1968 and February 1977 and
consisting of an estimated 1,600 pages. The BDC’s involvement in anti-draft
activities is mentioned in this file.

-

case file 100-MI-15812 with Milwaukee 14/Fourteen as the subject of the
records, compiled as part of a domestic security investigation, created
between September 1968 and June 1977 and consisting of an estimated 300
pages.

-

In regard to your request for case file 100-MW-15812, NARA does not have
records for the FBI field office office abbreviation MW. The use of the
abbreviation MW may be a clerical error. NARA only has FBI case file
numbers with MI; an abbreviation for the FBI's Milwaukee Field Office.

These records require review for information protected from release under
the FOIA: https://www.archives.gov/foia/foia-guide#determine.

The estimated total page count for your request is 1,900 pages. Requests
between 701 and 3,000 pages are assigned to our second-tier processing queue.
To give you an indication of our existing second-tier backlog, we are
currently processing requests received in June 2014.

Once we notify you that processing is complete, you may either visit our
College Park, Maryland facility to view the file at no cost, or order a
reproduction. Our current fee for reproductions is 80 cents per page, so we
estimate the total cost will be $1,520.00.

If you are willing to narrow your request for a potentially faster
processing time, please contact us to discuss narrowing options.

You must notify this office of changes to your contact information. If
communication is returned as undeliverable and no return address is
provided, your case will be administratively closed. To change your contact
information or to track the status of your request, please email
specialaccess_foia@nara.gov or call 301-837-3190. Please include your FOIA
tracking number in all communications concerning this request.

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

FOIA Public Liaison: Rebecca Calcagno

8601 Adelphi Road, Room 5500

College Park, MD 20740-6001

dc.foia.liaison@nara.gov

301-837-3190

If you have other questions regarding your request, please contact me
directly.

Sincerely,

REBECCA SHARP
Archivist
Special Access and FOIA Program (RF)
National Archives and Records Administration

8601 Adelphi Road

College Park, MD 20740-6001

(301) 837-0372

rebecca.sharp@nara.gov
www.archives.gov/research/foia/

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