|Tracking #||1260474-000 ; AP-2014-03347|
|Submitted||April 10, 2014|
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To Whom It May Concern:
This is a request under the Freedom of Information Act. I hereby request the following records:
A copy of the November 2012 memorandum indicating there was no derogatory information regarding Tamerlan Tsarnaev. This memorandum was produced by the FBI in response to a USCIS request.
Per the joint Inspector General review (p 17):
"In late November 2012, in response to a USCIS information request, the FBI conducted a database search and drafted a memorandum stating that there was no derogatory information about [Tamerlan] 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.
Dear Mr. Musgrave,
The FBI has received your Freedom of Information Act/Privacy (FOIPA) request and it will be forwarded to Initial Processing for review. Your request will be processed under the provisions of FOIPA and a response will be mailed to you at a later date.
Requests for fee waivers and expedited processing will be addressed once your request has been assigned an FOIPA request number. You will receive written notification of the FBI’s decision.
Information regarding the Freedom of Information Act/Privacy is available at http://www.fbi.gov/ or http://www.fbi.gov/foia/. If you require additional assistance please contact the Public Information Officer.
David P. Sobonya
Public Information Officer/Legal Admin. Specialist
Record/Information Dissemination Section (RIDS)
FBI-Records Management Division
170 Marcel Drive, Winchester, VA 22602-4843
PIO: (540) 868-4593
Direct: (540) 868-4286
Fax: (540) 868-4391/4997
The request has been rejected, with the agency stating that the information or document(s) requested are exempt from disclosure.
Director, Office of Information Policy (OIP)
U.S. Department of Justice
1425 New York Ave., NW, Suite 11050
Washington, D.C. 20530-0001
May 28, 2014
To Whom It May Concern:
This is an appeal of the rejection of FOIA 1260474-000, in which I requested a copy of the November 2012 memorandum drafted by the FBI regarding Tamerlan Tsarnaev in response to a USCIS request for information.
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.
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