|Submitted||Feb. 15, 2017|
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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:
Copies of all emails, letters, memos and other correspondence sent to, received from or mentioning Michael Flynn or his office from February 13 2017 and February 14 2017.
I am a member of the news media and request classification as such. I have previously written about the government and its activities for AND Magazine, MuckRock and Glomar Disclosure and have an open arrangement with each. My articles have been widely read, with some reaching over 100,000 readers. As such, as I have a reasonable expectation of publication and my editorial and writing skills are well established. In addition, I discuss and comment on the files online and make them available through the non-profit Internet Archive, disseminating them to a large audience. While my research is not limited to this, a great deal of it, including this, focuses on the activities and attitudes of the government itself. As such, it is not necessary for me to demonstrate the relevance of this particular subject in advance. Additionally, case law states that “proof of the ability to disseminate the released information to a broad cross-section of the public is not required.” Judicial Watch, Inc. v. Dep’t of Justice, 365 F.3d 1108, 1126 (D.C. Cir. 2004); see Carney v. U.S. Dep’t of Justice, 19 F.3d 807, 814-15 (2d Cir. 1994). Further, courts have held that "qualified because it also had “firm” plans to “publish a number of . . . ‘document sets’” concerning United States foreign and national security policy." Under this criteria, as well, I qualify as a member of the news media. Additionally, courts have held that the news media status "focuses on the nature of the requester, not its request. The provision requires that the request be “made by” a representative of the news media. Id. § 552(a)(4)(A)(ii)(II). A newspaper reporter, for example, is a representative of the news media regardless of how much interest there is in the story for which he or she is requesting information." As such, the details of the request itself are moot for the purposes of determining the appropriate fee category. As such, my primary purpose is to inform about government activities by reporting on it and making the raw data available and I therefore request that fees be waived.
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.
To Whom It May Concern:
I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Feb. 15, 2017. Please let me know when I can expect to receive a response, or if further clarification is needed.
Thanks for your help, and let me know if further clarification is needed.
Good afternoon Mr. Best,
An acknowledgement letter was sent to you today, on 3/16/2017. You should be receiving it in the mail shortly.
Thank you for your patience,
An acknowledgement letter, stating the request is being processed.
Greeting Mr. Best:
Your case DF-2017-00167, dated 15 February 2017, was pulled while auditing the ODNI FOIA backlog to ensure proper processing order.
Due to the passage of time, high levels and proportions of classification in the documents, and the further review required by multiple government agencies, we are reaching out to you to verify your continued interest
in processing your request.
Please advise this office by 1 December 2020 of your continued interest, or desire to cease the request. If no response is received, we will assume you are no longer interested in pursuing this FOIA request and we will
administratively close your case.