FOIA - Covert Surveillance Programs, counterintelligence operations and Domestic Intelligence Activities (United States Attorney's Office, Southern District Of California)

Evan L Rees filed this request with the United States Attorney's Office, Southern District Of California of the United States of America.
Tracking #

EOUSA-2024-001609

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 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: United States Attorney's Office, Southern District Of California

Dear Muckrock News,

I am writing regarding your email addressed to the United States Attorney's Office, Southern District of California. The Executive Office for United States Attorneys (EOUSA) processes and assigns a docket number for all FOIA and Privacy Act requests for records maintained within all United States Attorneys' Offices nationwide. Your letter has been forwarded to EOUSA. Please note that all future correspondence regarding this FOIA request will be directly from the EOUSA and not this office. In the interim, you can address any further correspondence to:

Kevin Krebs, Assistant Director, FOIA/Privacy Staff

Executive Office for United States Attorneys

Department of Justice

175 N Street NE Suite 5.400

Washington, DC 20530-0001

(202) 252-6020

For additional information on the FOIA process, please visit the EOUSA's making a FOIA request webpage: https://www.justice.gov/usao/resources/making-foia-request. Also, the Department of Justice Freedom of Information Act Reference Guide may be found at the Department of Justice's website:https://www.justice.gov/oip/department-justice-freedom-information-act-reference-guide.

Thank you,

Mack Cobb

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Mack Cobb
Legal Administrative Specialist, Civil Division
Southern District of California
880 Front Street, San Diego, Ca 92101
Phone: 619-546-6764; Fax: 619-546-7751

This message and any attached documents contains information that may be confidential and/or privileged. If you are not the intended recipient, you may not read, copy, distribute, or use this information. If you have received this transmission in error, please notify the sender immediately by reply e-mail and then delete this message.

From: United States Attorney's Office, Southern District Of California

None

From: United States Attorney's Office, Southern District Of California

Dear Requester:
Please find attached the Department’s final response to the above-captioned FOIA request—received on August 3, 2023.
Thank you,
EOUSA FOIA/PA Staff

From: Evan L Rees

* WITH ATTACHMENT: please see attached (Certification of Identity)

Dear Mr. Krebs,

Thank you for your response regarding my Freedom of Information Act request.

However, I must express my deep concern regarding your decision to neither confirm nor deny the existence of the requested records. It is essential to recognize that these records pertain to covert surveillance programs, which undoubtedly fall within the realm of utmost importance to the public interest.

Your reliance on Exemptions 6 and 7(C) of the FOIA to justify this decision is troubling. While these exemptions do indeed protect personal privacy rights, they must be balanced against the overarching goal of transparency and accountability in government operations. Refusing to acknowledge the existence of records on such a critical subject matter could potentially undermine the very essence of the FOIA.

Furthermore, your response seems to disregard the fundamental principles outlined in FOIA laws. The FOIA mandates that agencies disclose records upon request unless they fall under specific exemptions. By choosing not to confirm or deny the existence of these records, you may be running afoul of these legal requirements.

I urge you to reconsider this decision and provide a more transparent and accountable response in accordance with the spirit and letter of the FOIA. Failure to do so not only undermines the public’s right to access government records but also raises concerns about the integrity of the FOIA process.

If necessary, I am prepared to pursue an appeal through the appropriate channels to ensure that the principles of transparency and accountability are upheld.

Sincerely,

Evan Rees
MuckRock News

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