FEC Delays Announcing Settlement With NRA

Mike Spies filed this request with the Federal Election Commission of the United States of America.
Tracking # 2016-98
Status
Completed

Communications

From: Mike Spies

To Whom It May Concern:

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

All emails written or received by any of the four FEC commissioners pertaining to the settlement agreement with the NRA regarding campaign finance violations that was announced on July 1, 2016, but reached on November 3, 2015. I'd also like copies of every draft of the settlement agreement, including the final version.

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,

Mike Spies

From: FOIA, NPPD

July 15, 2016

Dear Mr. Spies:

This email acknowledges receipt of your Freedom of Information Act (FOIA)
request dated July 15, 2016.

Please note that, depending upon the nature of your request, we may be
able to respond to you more quickly if you are able to state your request
more specifically or narrowly, either in terms of the scope of documents
you have requested or by refining the time frame of your request. If you
would like to discuss this option or if you have any questions, please
contact the FOIA Requester Service Center at (202) 694-1650. Please
include the following tracking number in all future correspondence
regarding this matter ? FOIA Request 2016-98
Thank you for contacting the Federal Election Commission.


Sincerely,


Christopher Mealy
FOIA Requester
Service Center

From:

Dear Mr. Spies:

This email is in relation to your request for information from the Federal
Election Commission (FEC) under the Freedom of Information Act (FOIA),
dated and received on July 15, 2016. You requested:

All emails written or received by any of the four FEC commissioners
pertaining to the settlement agreement with the NRA regarding campaign
finance violations that was announced on July 1, 2016, but reached on
November 3, 2015; and

Copies of every draft of the settlement agreement, including the final
version.

The FEC is continuing to process your request. However, in accordance with
5 U.S.C. § 552(a)(6)(B)(i) and 11 C.F.R. § 4.7(c), we are extending the
processing period to respond to your request by an additional ten (10)
working days to August 26, 2016. This time is necessary for consultation
with two or more components of the Commission that have a substantial
subject matter interest in the records. 11 C.F.R. § 4.7(c)(3).

If you have any questions, please contact the FOIA Requester Service
Center at FOIA@fec.gov or (202) 694-1650. Thank you for contacting the
FEC.

Sincerely,
Hina Z. Hussain
FOIA Service Center

From: Hina Hussain

Dear Mr. Spies,

The Commission is finalizing a response to your FOIA request, dated July 15, 2016. You can expect to receive a final response from us tomorrow afternoon. We apologize for the delay.

Sincerely,

Hina Z. Hussain
FOIA Requester Service Center

_______________________
Hina Z. Hussain
Attorney
OGC - Administrative Law
Federal Election Commission
(202) 694-1357 (p)

From: Hina Hussain

Dear Mr. Spies:
This email is in response to your request for information from the Federal Election Commission (FEC) under the Freedom of Information Act (FOIA), dated and received on July 15, 2016. You requested:

* All emails written or received by any of the four FEC commissioners pertaining to the settlement agreement with the NRA regarding campaign finance violations that was announced on July 1, 2016, but reached on November 3, 2015; and

* Copies of every draft of the settlement agreement, including the final version.

We have searched the Agency's records and located documents responsive to your request. The final settlement agreement for ADR 769 is publicly available on our website, through the FEC Enforcement Query System, located at http://eqs.fec.gov/eqs/searcheqs. Because the foregoing document is already publicly available, we have not reproduced it here in response to your request. If you need additional assistance locating information on the FEC's website, please contact the FEC's Public Records Office. The FEC's Public Records Office is located at 999 E Street, NW, Washington, DC 20463, and can be reached directly at (202) 694-1120 or pubrec@fec.gov<mailto:pubrec@fec.gov>.

Your request for copies of every draft settlement agreement has been denied subject to FOIA Exemptions 3(A) and 5. As to your request for emails written or received by FEC commissioners pertaining to the settlement agreement, the responsive documents we located have been withheld pursuant to FOIA Exemption 5. Exemption 3(A) protects from disclosure information that is specifically exempted from disclosure by statute. 5 U.S.C. § 552(b)(3)(A). Pursuant to the Federal Election Campaign Act, as amended, the FEC may not disclose information concerning conciliation negotiations. 52 U.S.C. § 30109(a)(4). FOIA Exemption 5 prevents disclosure of "inter-agency or intra-agency memorandums or letters which would not be available by law to a party other than an agency in litigation with the agency." 5 U.S.C. § 552(b)(5). The requested information is subject to the privileges protected by Exemption 5, including the deliberative process privilege, attorney-client privilege, and/or the attorney work-product privilege. We are withholding approximately 8 pages from disclosure under Exemptions 3(A) and 5 and approximately 6 pages just under Exemption 5. Accordingly, your FOIA request has been granted in part.

You may contact our FOIA Public Liaison, Kate Higginbothom, at (202) 694-1650 for any further assistance and to discuss any aspect of your request. Additionally, you may contact the Office of Government Information Services (OGIS) at the National Archives and Records Administration to inquire about the FOIA mediation services they offer. The contact information for OGIS is as follows: Office of Government Information Services, National Archives and Records Administration, 8601 Adelphi Road-OGIS, College Park, Maryland 20740-6001, e-mail at ogis@nara.gov; telephone at 202-741-5770; toll free at 1-877-684-6448; or facsimile at 202-741-5769.

If you are not satisfied with the response to this request, you may administratively appeal by writing to the Chief FOIA Officer, Federal Election Commission, 999 E Street, N.W., Washington, DC 20463, or sending an e-mail to foia@fec.gov. Any such appeal should follow the guidelines set forth in the Commission's FOIA regulations at 11 C.F.R. § 4.8. Thank you for contacting the FEC.

Sincerely,
Hina Z. Hussain
FOIA Service Center
_______________________
Hina Z. Hussain
Attorney
OGC - Administrative Law
Federal Election Commission
(202) 694-1357 (p)

From: Hina Hussain

VIA ELECTRONIC MAIL

Subject: FEC Freedom of Information Act (FOIA) Request, No. 2016-115

Dear Mr. Spies:

This email is in response to your request for information from the Federal Election Commission (FEC) under the Freedom of Information Act (FOIA), dated and received on August 30, 2016. You requested "all emails to or from the ADR office related to the release of ADR 769."

We searched our records and found the requested document (see attached document). We are releasing the document in its entirety; therefore, your request is granted in full.

I trust that this information fully satisfies your request. If you need any further assistance or would like to discuss any aspect of your request please do not hesitate to contact our FOIA Public Liaison, Kate Higginbothom, at (202) 694-1650. Thank you for contacting the FEC.

Sincerely,

Hina Z. Hussain

FOIA Service Center

_______________________
Hina Z. Hussain
Attorney
OGC - Administrative Law
Federal Election Commission
(202) 694-1357 (p)

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