FOIA - Covert Surveillance Programs, counterintelligence operations and Domestic Intelligence Activities (Office of the Director of National Intelligence)

Evan L Rees filed this request with the Office of the Director of National Intelligence of the United States of America.
Tracking #

ODNI Case No. DF-2024-00193

Multi Request FOIA - Covert Surveillance Programs, counterintelligence operations and Domestic Intelligence Activities
Due April 23, 2024
Est. Completion None
Status
Awaiting Response

Communications

From: Evan L Rees

To Whom It May Concern:

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

This FOIA request, submitted by Evan L Rees, seeks access to documents related to covert surveillance programs, counterintelligence operations, and domestic intelligence activities conducted by this agency or it's contractors that may be synonymous with or reminiscent of tactics employed in historical programs such as COINTELPRO and MK Ultra. Specifically, this request aims to obtain records pertaining to activities that could be colloquially referred to as "Cointelpro 2.0" or any other covert programs undertaken by the agency involving surveillance, infiltration, disruption, or manipulation of individuals or groups within the United States.

Documents of interest include, but are not limited to:

1. Internal memoranda, directives, and communications discussing the planning, execution, and objectives of such covert operations, including any references to MK Ultra or similar programs.
2. Operational plans, strategies, and guidelines governing the conduct of surveillance and intelligence-gathering activities, including any involvement or coordination with community policing initiatives.
3. Records of surveillance operations, including logs, reports, and warrants obtained for monitoring targeted individuals or groups, including any watch lists or databases used for tracking.
4. Intelligence reports, assessments, and analyses generated as a result of surveillance and infiltration efforts, including any assessments related to private contractors involved in intelligence activities.
5. Training materials, manuals, and protocols used to educate personnel involved in covert operations, including any materials related to community alerts or coordination with neighborhood watch groups.
6. Budgetary documents related to the funding and allocation of resources for covert surveillance and intelligence activities.
7. Legal opinions, guidance, and interpretations concerning the legality and oversight of covert programs.
8. After-action reports, evaluations, and assessments conducted to review the effectiveness and impact of covert operations.

This request also encompasses documents related to activities synonymous with or related to "Cointelpro 2.0," including but not limited to covert surveillance programs, counterintelligence operations, undercover investigations, disruption programs, counterterrorism measures, covert infiltration tactics, political surveillance programs, coercive intelligence operations, and national security investigations.

Please process this request specifically for Evan L Rees, as the documents sought are requested in relation to myself.

I am specifically requesting expedited processing of this request, as the information sought is of timely and significant public interest.

Thank you for your attention to this matter.

Sincerely,
Evan L Rees

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,

Evan L Rees

From: Office of the Director of National Intelligence

Good morning,

Please see attached final response.

Sincerely,
DNI-FOIA

From: Evan L Rees

Dear Mr.Koch,

I appreciate your prompt response to my Freedom of Information Act (FOIA) request regarding activities that could be colloquially referred to as "Cointelpro 2.0" or any other covert programs involving surveillance, infiltration, disruption, or manipulation of individuals or groups within the United States.

However, I must express my disappointment with the decision to deny my request based on the assertion that it falls outside the scope of ODNI's mission. While I acknowledge ODNI's specific roles and responsibilities within the Intelligence Community, it is crucial to recognize the broader implications of transparency and accountability in matters of national security.

The activities I inquired about undoubtedly have significant implications for civil liberties, democratic processes, and public trust in government institutions. As such, they are undeniably within the realm of public interest and warrant scrutiny.

Furthermore, I am concerned by the invocation of exemptions (b)(1) and (b)(3) of the FOIA to neither confirm nor deny the existence of requested records. While I understand the need to protect sensitive intelligence sources and methods, it is essential to balance these concerns with the principles of transparency and accountability that underpin the FOIA.

I urge ODNI to reconsider its decision and provide a more transparent and accountable response to my request. Upholding the principles of open government and public accountability is crucial, particularly in matters as sensitive as those outlined in my request.

If necessary, I am prepared to pursue an administrative appeal to ensure that the FOIA process is conducted in accordance with the law and with due regard for the public's right to access information.

Thank you for your attention to this matter.

Sincerely,
Evan Rees
MuckRock News

From: Office of the Director of National Intelligence

For clarification, when ODNI was created in 2005, we did not inherit legacy documents. In other words, the ODNI does not have access to any records created pre-2005. We included that verbiage in our response letter to indicate that fact since you referenced historical operations.

Additionally, the ODNI does not conduct covert operations. However, we do provide oversight to IC agencies that might conduct covert operations, as well advise the President and NCS on intelligence matters that may involve or touch on these types of operations. However, as a general rule, the ODNI, along with all other IC agencies, does not acknowledge current or past covert operations. Hence, the ODNI would be unable to acknowledge any records in its possession that reference such operations, if such records even exist.

I hope this helps explain our response letter.

Erin Morrison
Chief/Information Review and Release Group
703-275-3500

From: Evan L Rees

Subject: Appeal of FOIA Request Denial - Request for Reconsideration

Dear Erin Morrison,

I hope this message finds you well. I am writing to appeal the denial of my Freedom of Information Act (FOIA) request and to underscore the compelling legal and public interest grounds that warrant reconsideration.

As a concerned citizen deeply committed to upholding the principles of transparency, accountability, and civil liberties, I submitted a FOIA request seeking access to records held by the Office of the Director of National Intelligence (ODNI) pertaining to current activities synonymous with historical programs such as COINTELPRO and MK ULTRA. Specifically, I am seeking documents and records from the date range of January 1, 2006, to April 23, 2024, that relate to collaborative efforts, oversight mechanisms, or advisory functions of the ODNI regarding covert surveillance programs, counterintelligence operations, and domestic intelligence activities.

It is imperative to recognize the paramount importance of FOIA laws in fostering government transparency and safeguarding democratic values. The FOIA serves as a cornerstone of open government, empowering citizens to access vital information and hold their government accountable for its actions. By granting individuals the right to request and obtain government records, the FOIA promotes public trust, facilitates informed decision-making, and strengthens democratic governance.

In this context, my FOIA request embodies the fundamental principles underlying the FOIA and serves the broader public interest in promoting transparency and accountability within the intelligence community. Access to information regarding current activities reminiscent of historical programs with a significant impact on civil liberties is not merely a matter of curiosity but a fundamental right essential for democratic oversight and informed public discourse.

Furthermore, the period covered by my FOIA request spans nearly two decades of critical historical significance, marked by profound developments in national security policies, technological advancements, and evolving threats to civil liberties. As such, the records sought may provide valuable insights into the ODNI's role in shaping and implementing intelligence policies and practices during this pivotal period.

In light of the foregoing, I respectfully urge the ODNI to reconsider its decision to deny my FOIA request and undertake a diligent search for any responsive records within its possession that align with the specified criteria and date range. By honoring the principles of transparency and accountability enshrined in the FOIA, the ODNI can reaffirm its commitment to upholding democratic values and promoting public trust in government institutions.

Thank you for your attention to this matter and your commitment to upholding the principles of open government. I trust that the ODNI will give due consideration to the legal and public interest grounds underlying this appeal and take appropriate action to facilitate the release of the requested information in accordance with applicable laws and regulations.

Sincerely,

Evan L Rees

Files

pages

Close