Final report from 2014 USSS Protective Mission Panel (USSSPMP)

Shawn Musgrave filed this request with the United States Secret Service of the United States of America.
Tracking #

20160003

2018-IAFO-00091, 20160003

Status
Rejected

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 findings report produced by the independent panel selected to review the U.S. Secret Service, also known as the United States Secret Service Protective Mission Panel.

The executive summary to the panel's report has been posted online here: http://www.dhs.gov/sites/default/files/publications/14_1218_usss_pmp.pdf

I also request that fees be waived as I believe this request is in the public interest, as well as given my status as a member of the news media/press. In addition to being posted online for the general public free of charge at MuckRock.com, the requested documents will be analyzed in the process of news gathering and synthesized into a distinct work.

To support my claim to news media fee status, please see the following samples of recent writing published on MuckRock as well as on other media outlets:

https://www.muckrock.com/news/archives/2014/nov/19/while-three-quarters-states-have-released-their-po/

https://www.muckrock.com/news/archives/2014/oct/08/fcc-fbi-cant-agree-stingray-nda/

https://www.themarshallproject.org/2014/12/03/the-pentagon-finally-details-its-weapons-for-cops-giveaway

www.bostonmagazine.com/news/blog/2014/12/17/now-know-massachusetts-police-departments-packing-serious-heat/

http://www.bostonglobe.com/metro/2013/12/14/boston-police-suspend-use-high-tech-licence-plate-readers-amid-privacy-concerns/B2hy9UIzC7KzebnGyQ0JNM/story.html

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: FOIA

Good morning,

Since you are requesting records that are maintained by the USSS FOIA Office, please see there contact information below and resubmit your request accordingly.

United States Secret Service (USSS)<http://www.secretservice.gov/foia.shtml>
Freedom of Information and Privacy Acts Branch
245 Murray Drive, Building 410
Washington, D.C. 20223
FOIA Officer/Public Liaison: Latita Payne
Phone: 202-406-6370
Fax: 202-406-5586
E-mail: FOIA@usss.dhs.gov<mailto:FOIA@usss.dhs.gov>

Regards,

The Privacy Office
U.S. Department of Homeland Security
245 Murray Lane SW
STOP-0655
Washington, D.C. 20528-0655
Phone: 202-343-1743 or 866-431-0486
Fax: 202-343-4011
E-mail: foia@hq.dhs.gov<mailto:foia@hq.dhs.gov>

This communication, along with any attachments, is covered by federal and state law governing electronic communications and may contain confidential and legally privileged information. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution, use or copying of this message is strictly prohibited. If you have received this in error, please reply immediately to the sender and delete this message. Thank you.

From: Shawn Musgrave

Hello,

Thank you for responding and acknowledging receipt of this request. The report in question here was prepared by the order of and for Homeland Security Secretary Johnson.

This is made clear in a number of statements from the Secretary's office:

http://www.dhs.gov/news/2014/12/18/statement-secretary-johnson-upon-release-recommendations-independent-review-united

http://www.dhs.gov/news/2014/10/10/statement-secretary-johnson-announcing-panelists-independent-review-united-states

Given that this report was prepared for and by order of the Secretary, I believe that the Secretary's office is the appropriate agency to process this request. Please advise.

Best,
Shawn Musgrave
MuckRock

From: FOIA

Good afternoon,

Please stand by while I confirm!

Regards,

The Privacy Office
U.S. Department of Homeland Security
245 Murray Lane SW
STOP-0655
Washington, D.C. 20528-0655
Phone: 202-343-1743 or 866-431-0486
Fax: 202-343-4011
E-mail: foia@hq.dhs.gov<mailto:foia@hq.dhs.gov>

This communication, along with any attachments, is covered by federal and state law governing electronic communications and may contain confidential and legally privileged information. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution, use or copying of this message is strictly prohibited. If you have received this in error, please reply immediately to the sender and delete this message. Thank you.

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 Dec. 18, 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 Dec. 18, 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: FOIA

Good Day,

The current status of you your FOIA request is, we are still processing the records and that they are in component review.
Regards,

The Privacy Office
U.S. Department of Homeland Security
245 Murray Lane SW
STOP-0655
Washington, D.C. 20528-0655
Phone: 202-343-1743 or 866-431-0486
Fax: 202-343-4011
E-mail: foia@hq.dhs.gov

From: Shawn Musgrave

Hello,

Please provide a FOIA tracking number for this request and official acknowledgement letter.

Thank you,
Shawn Musgrave
MuckRock

From: FOIA

Good Day,

Please see the following attached acknowledgement letter.
Regards,

The Privacy Office
U.S. Department of Homeland Security
245 Murray Lane SW
STOP-0655
Washington, D.C. 20528-0655
Phone: 202-343-1743 or 866-431-0486
Fax: 202-343-4011
E-mail: foia@hq.dhs.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 Dec. 18, 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 #2015-HQFO-00168.

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 Dec. 18, 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 #2015-HQFO-00168.

Thank you for your help.

From: FOIA

Greetings,

Thank you for contacting the DHS Privacy Office, you can check the status of your request at: http://www.dhs.gov//foia-status<http://www.dhs.gov/foia-status>.
Regards,

The Privacy Office
U.S. Department of Homeland Security
245 Murray Lane SW
STOP-0655
Washington, D.C. 20528-0655
Phone: 202-343-1743 or 866-431-0486
Fax: 202-343-4011
E-mail: foia@hq.dhs.gov<mailto:foia@hq.dhs.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 Dec. 18, 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 #2015-HQFO-00168.

Thank you for your help.

From: FOIA

Good morning,

Please see attached the final response as well as the responsive records that was sent to you on April 21, 2015 via email.

Regards,

The Privacy Office
U.S. Department of Homeland Security
245 Murray Lane SW
STOP-0655
Washington, D.C. 20528-0655
Phone: 202-343-1743 or 866-431-0486
Fax: 202-343-4011
E-mail: foia@hq.dhs.gov<mailto:foia@hq.dhs.gov>

This communication, along with any attachments, is covered by federal and state law governing electronic communications and may contain confidential and legally privileged information. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution, use or copying of this message is strictly prohibited. If you have received this in error, please reply immediately to the sender and delete this message. Thank you.

From: Shawn Musgrave

Hello -

It seems that the DHS FOIA office confused two separate requests: the first was for the memo creating the USSSPMP. This has been provided as a final response to FOIA 2015-HQFO-00168. The present FOIA request, however, concerns the findings report produced by the independent panel. The executive summary for this findings report has already been released, but I seek the entire report.

Please acknowledge this separate request and provide a unique tracking number. For reference, please see my explanation of my qualifications and publication history as a reporter, and classify me appropriately as a media requester for the purpose of fees.

Thank you,
Shawn Musgrave
Investigative reporter, MuckRock

From: Department of Homeland Security

Good Afternoon,
Attached is our acknowledgment of your DHS FOIA request.  If you need to contact this office again concerning your request, please provide the DHS reference number. This will enable us to quickly retrieve the information you are seeking and reduce our response time. This office can be reached at 866-431-0486.
Regards,
DHS Privacy Office Disclosure & FOIA Program
STOP 0655
Department of Homeland Security
245 Murray Drive, SW
Washington, DC 20528-0655
Telephone:  1-866-431-0486 or 202-343-1743
Fax:  202-343-4011
Visit our
FOIA website (http://www.dhs.gov/foia)

  • Department of Homeland Security FOIA 2015-HQFO-00495 Acknowledgment

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 Dec. 18, 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 #2015-HQFO-00495.

Thank you for your help.

From: FOIA

Greetings,

Thank you for contacting the DHS Privacy Office, you can check the status of your request at: http://www.dhs.gov//foia-status<http://www.dhs.gov/foia-status>. This office can be reached at 866-431-0486.

Regards,

The Privacy Office
U.S. Department of Homeland Security
245 Murray Lane SW
STOP-0655
Washington, D.C. 20528-0655
Phone: 202-343-1743 or 866-431-0486
Fax: 202-343-4011
E-mail: foia@hq.dhs.gov

The DHS Privacy Office has a new mobile application (app) to simplify and enhance the submission process for Freedom of Information Act (FOIA) requesters. Requesters can now submit requests and check the status of existing requests anyplace, anytime. The free app is available for all Apple and Android devices. To download the app, go here<http://www.dhs.gov/efoia-mobile-app>.

This communication, along with any attachments, is covered by federal and state law governing electronic communications and may contain confidential and legally privileged information. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution, use or copying of this message is strictly prohibited. If you have received this in error, please reply immediately to the sender and delete this message. Thank you

Regards,

DHS Privacy Office
Disclosure & FOIA Program
STOP 0655
Department of Homeland Security
245 Murray Lane, SW
Arlington, VA 20598-0655
Telephone: 1-866-431-0486 or 703-235-0790
Fax: 703-235-0443
Visit our FOIA website<http://www.dhs.gov/foia>

This communication, along with any attachments, is covered by federal and state law governing electronic communications and may contain confidential and legally privileged information. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution, use or copying of this message is strictly prohibited. If you have received this in error, please reply immediately to the sender and delete this message. Thank you.

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 Dec. 18, 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 #2015-HQFO-00495.

Thank you for your help.

From: FOIA

Greetings,

Thank you for contacting the DHS Privacy Office, you can check the status of your request at: http://www.dhs.gov//foia-status<http://www.dhs.gov/foia-status>. This office can be reached at 866-431-0486.

Regards,

The Privacy Office
U.S. Department of Homeland Security
245 Murray Lane SW
STOP-0655
Washington, D.C. 20528-0655
Phone: 202-343-1743 or 866-431-0486
Fax: 202-343-4011
E-mail: foia@hq.dhs.gov

The DHS Privacy Office has a new mobile application (app) to simplify and enhance the submission process for Freedom of Information Act (FOIA) requesters. Requesters can now submit requests and check the status of existing requests anyplace, anytime. The free app is available for all Apple and Android devices. To download the app, go here<http://www.dhs.gov/efoia-mobile-app>.

This communication, along with any attachments, is covered by federal and state law governing electronic communications and may contain confidential and legally privileged information. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution, use or copying of this message is strictly prohibited. If you have received this in error, please reply immediately to the sender and delete this message. Thank you

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 Dec. 18, 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 #2015-HQFO-00495.

Thanks for your help, and let me know if further clarification is needed.

From: Day, Mia

Good Day, Attached is our final response to your request.  If you need to contact this office again concerning your request, please provide the DHS reference number. This will enable us to quickly retrieve the information you are seeking and reduce our response time. This office can be reached at 866-431-0486. Regards, DHS Privacy Office Disclosure & FOIA Program
STOP 0655
Department of Homeland Security
245 Murray Drive, SW
Washington, DC 20528-0655
Telephone:  1-866-431-0486 or 202-343-1743
Fax:  202-343-4011
Visit our FOIA website

From: FOIA

Dear Requester,

Please see the attached letter regarding your recent Freedom of Information Act/Privacy Acts (FOIA/PA) request. If you have any questions or would like to discuss this matter, please contact this office at (202) 406-6370.

Sincerely,

United States Secret Service
FOIA/PA Program

All e-mail to/from this account is subject to official review and is for official use only. Action may be taken in response to any inappropriate use of the Secret Service's e-mail system. This e-mail may contain information that is privileged, law enforcement sensitive, or subject to other disclosure limitations. Such information is loaned to you and should not be further disseminated without the permission of the Secret Service. If you have received this e-mail in error, do not keep, use, disclose, or copy it; notify the sender immediately and delete it.

From: Shawn Musgrave

Hello -

Thank you for acknowledging this request. Please correct my categorization from "all other" to "media" requester for the purpose of fees. I am an investigative reporter who has written extensively about the Secret Service and other federal law enforcement agencies. Here is a selection of my publications:

https://www.muckrock.com/news/archives/2014/nov/19/while-three-quarters-states-have-released-their-po/

https://www.muckrock.com/news/archives/2014/oct/08/fcc-fbi-cant-agree-stingray-nda/

https://www.themarshallproject.org/2014/12/03/the-pentagon-finally-details-its-weapons-for-cops-giveaway

www.bostonmagazine.com/news/blog/2014/12/17/now-know-massachusetts-police-departments-packing-serious-heat/

http://www.bostonglobe.com/metro/2013/12/14/boston-police-suspend-use-high-tech-licence-plate-readers-amid-privacy-concerns/B2hy9UIzC7KzebnGyQ0JNM/story.html

I will appeal your failure to categorize me appropriately, should it come to that.

Respectfully,
Shawn Musgrave
Reporter, MuckRock

From: FOIA

MuckRock
DEPT MR 14877
P.O. Box 55819
Boston, MA 02205-5819
Attn: Shawn Musgrave

File Number: 20160003

Dear Requester:

Reference is made to your Freedom of Information Act (FOIA) request, which was originally submitted to the United States Secret Service (Secret Service) on October 1, 2015, for information pertaining to the entire findings report produced by the independent panel selected to review the USSS, also known as the USSS Protective Mission Panel (not the executive summary to the panel’s report, which has been posted online)

In our acknowledgement letter to you, we advised you that due to the increasing number of FOIA requests received by this office, we could encounter some delay in processing your request. However, we want to let you know that we have been making every effort to reduce the backlog of cases.

For your information, your request is in processing. Upon completion of the processing, all documents that can be released will be made available to you at the earliest possible date.

If you have any questions or would like to discuss this matter, please contact this office at (202) 406-6370. Please use the file number indicated above in all future correspondence with this office.

Thank You,

Freedom of Information Act & Privacy Act Program
United States Secret Service
245 Murray Lane, SW, Building T-5
Washington, DC 20223
Phone: (202) 406-6370
Fax: (202) 406-5586
Email: FOIA@USSS.DHS.GOV<mailto:Foia@usss.dhs.gov>

From: United States Secret Service

Dear Requester:

In our acknowledgement letter to you, we advised you that due to the increasing number of FOIA requests received by this office, we could encounter some delay in processing your request. However, we want to let you know that we have been making every effort to reduce the backlog of cases.

For your information, we are currently processing your request for information. Upon completion of the processing, all releasable documents that may be located will be made available to you at the earliest possible date.

If you have any questions or would like to discuss this matter, please contact this office at (202) 406-6370. Please use the file number indicated above in all future correspondence with this office.

Thank you,

Freedom of Information Act & Privacy Act Program
United States Secret Service
245 Murray Lane, SW, Building T-5
Washington, DC 20223
Phone: (202) 406-6370
Fax: (202) 406-5586
Email: FOIA@USSS.DHS.GOV<mailto:Foia@usss.dhs.gov>

From: United States Secret Service

An interim response, stating the request is being processed.

From: United States Secret Service

An interim response, stating the request is being processed.

From: United States Secret Service

Pls. see attached letter.

All e-mail to/from this account is subject to official review and is for official use only. Action may be taken in response to any inappropriate use of the Secret Service's e-mail system. This e-mail may contain information that is privileged, law enforcement sensitive, or subject to other disclosure limitations. Such information is loaned to you and should not be further disseminated without the permission of the Secret Service. If you have received this e-mail in error, do not keep, use, disclose, or copy it; notify the sender immediately and delete it.  ­­

From: United States Secret Service

Please see attached status letter.

All e-mail to/from this account is subject to official review and is for official use only. Action may be taken in response to any inappropriate use of the Secret Service's e-mail system. This e-mail may contain information that is privileged, law enforcement sensitive, or subject to other disclosure limitations. Such information is loaned to you and should not be further disseminated without the permission of the Secret Service. If you have received this e-mail in error, do not keep, use, disclose, or copy it; notify the sender immediately and delete it.  ­­

From: USNORTHCOM - US Northern Command

Dear Requester, Enclosed  is the encrypted pw: mnbv876##, to open the release documents regarding your Freedom of Information Act & Privacy Actrequest.  If you have any questions regarding this matter, please contactthis office by replying to this email or calling us at (202) 406-6370. Thank you, Freedom of Information Act &Privacy Act Program United States Secret Service 245 Murray Lane, SW, Building T-5 Washington, DC 20223 Phone: (202) 406-6370 Fax: (202) 406-5586 Email: FOIA@USSS.DHS.GOV

All e-mail to/from this account is subject to official review and is for official use only. Action may be taken in response to any inappropriate use of the Secret Service's e-mail system. This e-mail may contain information that is privileged, law enforcement sensitive, or subject to other disclosure limitations. Such information is loaned to you and should not be further disseminated without the permission of the Secret Service. If you have received this e-mail in error, do not keep, use, disclose, or copy it; notify the sender immediately and delete it.  ­­

From: United States Secret Service

Dear Requester,

​

Attached you will find the final response regarding your Freedom of Information Act & Privacy Act request. If you have any questions regarding this matter, please contact this office by replying to this email or calling us at (202) 406-6370.

​

​

​

Thank you,

​

Freedom of Information Act & Privacy Act Program

United States Secret Service

245 Murray Lane, SW, Building T-5

Washington, DC 20223

Phone: (202) 406-6370

Fax: (202) 406-5586

Email: FOIA@USSS.DHS.GOV

All e-mail to/from this account is subject to official review and is for official use only. Action may be taken in response to any inappropriate use of the Secret Service's e-mail system. This e-mail may contain information that is privileged, law enforcement sensitive, or subject to other disclosure limitations. Such information is loaned to you and should not be further disseminated without the permission of the Secret Service. If you have received this e-mail in error, do not keep, use, disclose, or copy it; notify the sender immediately and delete it.

From: Shawn Musgrave

To Whom It May Concern:

I hereby appeal the redaction of nearly all documents responsive to this request, which was assigned tracking number 20160003. In this request, originally submitted to the Department of Homeland Security in December 2014, I requested the following documents: "The findings report produced by the independent panel selected to review the U.S. Secret Service, also known as the United States Secret Service Protective Mission Panel."

As I pointed out then, the executive summary to the panel's report was already posted online (see http://www.dhs.gov/sites/default/files/publications/14_1218_usss_pmp.pdf, last accessed May 23, 2019).

In its response to this request sent on May 22, 2019, the U.S. Secret Service FOIA office provided 55 pages of documents, 43 of which were withheld in full with the following annotation on every page: "Withheld pursuant to exemption b(5)b(7)(A)(b(7)(E)(b)(7)F) of the Freedom of Information and Privacy Act." The remaining pages were the report executive summary, which had already been published at the URL above, and the cover page to the report, which USSS released without redaction. There was no cover letter justifying the extensive redactions or why USSS did not redact certain pages in part rather than redact entire pages of the report.

USSS has failed to justify its extensive redactions per the agency's obligations under the FOIA. Further, the agency has failed to conduct the requisite analysis to determine whether there is any foreseeable harm in releasing the 43 pages which USSS withheld in their entirety. This analysis is required under the 2016 amendments to the FOIA.

In light of the above, I respectfully ask that this request be remanded to USSS FOIA for review of the 43 pages withheld in their entirety for the requisite foreseeable harm analysis as well as review of individual pages for partial redaction.

Respectfully,
Shawn Musgrave

From: United States Secret Service

A copy of documents responsive to the request.

From: United States Secret Service

A letter stating that the request appeal has been rejected.

From: United States Secret Service

A letter stating that the request appeal has been rejected.

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