FOIA March Madness 2018 - Agency Talking Points (November 8, 2016 - March 13, 2018) (Department of Justice, United States Marshals)
| Tracking # |
2018USMS32587 |
| Multi Request | FOIA March Madness 2018 - Agency Talking Points (November 8, 2016 - March 13, 2018) |
| Submitted | March 13, 2018 |
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Communications
From: Beryl Lipton
To Whom It May Concern:
This is a request under the Freedom of Information Act. I hereby request the following records:
For the 16-month, 5-day period from Tuesday, November 8, 2016 through Tuesday, March 13, 2018:
(SUMMARY)
Any and all talking points and similar memorandums, emails, and transcripts providing advice or direction on how to handle the media, media interviews, and statements.
----
(SPECIFICALLY)
Please include in your responsive materials any documents, emails, or communications with the following phrases in the title or subject line:
TALKING POINTS
STMT
STATEMENT
PRESS STRATEGY
___________
It would be greatly appreciated if materials could be provided on a rolling basis.
1. In the Office of Public Affairs or equivalent division
Please provide first all such materials produced in this agency’s Office of Public Affairs or equivalent division, and any representative thereof.
Please also provide all such materials received by this agency’s Office of Public Affairs or equivalent division, and any representative thereof.
2. Related to all agency employees
Please also include all employee email communications containing the following phrases:
TALKING POINTS
STMT
STATEMENT
PRESS STRATEGY
Alternative Response to 2:
If processing of this portion of this request would require its distribution to another or multiple other offices, it would be greatly appreciated if a response to this request would contain a description of the necessary offices to be tasked, the process by which the search will be conducted, and an estimate of the time and fees to be incurred. Such a description will allow us to better understand the parameters of this FOIA office’s ability to respond to this request as worded and will better enable us to reorganize and limit it as appropriate.
-----
Additional clarification:
This request is not intended for materials regarding one particular subject or event during this period.
If a different search procedure will be required dependent on segment of time covered, it would be greatly appreciated if a response could contain a description of the necessary difference in approach by time period (for example, if file keeping procedures have changed at some point in the last year and a half or if particular materials have been moved to another location).
_________
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,
Beryl Lipton
From: Muckrock Staff
To Whom It May Concern:
This is a request under the Freedom of Information Act. I hereby request the following records:
For the 16-month, 5-day period from Tuesday, November 8, 2016 through Tuesday, March 13, 2018:
(SUMMARY)
Any and all talking points and similar memorandums, emails, and transcripts providing advice or direction on how to handle the media, media interviews, and statements.
----
(SPECIFICALLY)
Please include in your responsive materials any documents, emails, or communications with the following phrases in the title or subject line:
TALKING POINTS
STMT
STATEMENT
PRESS STRATEGY
___________
It would be greatly appreciated if materials could be provided on a rolling basis.
1. In the Office of Public Affairs or equivalent division
Please provide first all such materials produced in this agency’s Office of Public Affairs or equivalent division, and any representative thereof.
Please also provide all such materials received by this agency’s Office of Public Affairs or equivalent division, and any representative thereof.
2. Related to all agency employees
Please also include all employee email communications containing the following phrases:
TALKING POINTS
STMT
STATEMENT
PRESS STRATEGY
Alternative Response to 2:
If processing of this portion of this request would require its distribution to another or multiple other offices, it would be greatly appreciated if a response to this request would contain a description of the necessary offices to be tasked, the process by which the search will be conducted, and an estimate of the time and fees to be incurred. Such a description will allow us to better understand the parameters of this FOIA office’s ability to respond to this request as worded and will better enable us to reorganize and limit it as appropriate.
-----
Additional clarification:
This request is not intended for materials regarding one particular subject or event during this period.
If a different search procedure will be required dependent on segment of time covered, it would be greatly appreciated if a response could contain a description of the necessary difference in approach by time period (for example, if file keeping procedures have changed at some point in the last year and a half or if particular materials have been moved to another location).
_________
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,
Beryl Lipton
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following Freedom of Information Act request, copied below, and originally submitted on March 13, 2018. 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.
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following Freedom of Information Act request, copied below, and originally submitted on March 13, 2018. 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.
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following Freedom of Information Act request, copied below, and originally submitted on March 13, 2018. 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.
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following Freedom of Information Act request, copied below, and originally submitted on March 13, 2018. 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.
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following Freedom of Information Act request, copied below, and originally submitted on March 13, 2018. 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.
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following Freedom of Information Act request, copied below, and originally submitted on March 13, 2018. 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.
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following Freedom of Information Act request, copied below, and originally submitted on March 13, 2018. Please let me know when I can expect to receive a response.
Thanks for your help, and let me know if further clarification is needed.
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following Freedom of Information Act request, copied below, and originally submitted on March 13, 2018. Please let me know when I can expect to receive a response.
Thanks for your help, and let me know if further clarification is needed.
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following Freedom of Information Act request, copied below, and originally submitted on March 13, 2018. Please let me know when I can expect to receive a response.
Thanks for your help, and let me know if further clarification is needed.
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following Freedom of Information Act request, copied below, and originally submitted on March 13, 2018. Please let me know when I can expect to receive a response.
Thanks for your help, and let me know if further clarification is needed.
From: Department of Justice, United States Marshals
Good Day,
The USMS FOIA is currently experiencing an Extreme backlog. Request will be processed in the order that they come in.
Regards,
USMS FOIA ADMIN
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following Freedom of Information Act request, copied below, and originally submitted on March 13, 2018. Please let me know when I can expect to receive a response.
Thanks for your help, and let me know if further clarification is needed.
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following Freedom of Information Act request, copied below, and originally submitted on March 13, 2018. Please let me know when I can expect to receive a response.
Thanks for your help, and let me know if further clarification is needed.
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following Freedom of Information Act request, copied below, and originally submitted on March 13, 2018. Please let me know when I can expect to receive a response.
Thanks for your help, and let me know if further clarification is needed.
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following Freedom of Information Act request, copied below, and originally submitted on March 13, 2018. Please let me know when I can expect to receive a response.
Thanks for your help, and let me know if further clarification is needed.
From: Department of Justice, United States Marshals
The United States Marshals Service is in receipt of your Freedom of Information/Privacy Act (FOIA/PA) request for records as subject above. We have commenced a search for documents responsive to your request and will contact you when our processing is complete. Due to a staff shortage, this office is currently experiencing a backlog. Requests are processed in the order received, and your patience is appreciated.
Although we are unable to determine at this time the amount of fees to be charged to you, if any, the filing of your request constitutes your agreement to pay all applicable fees that may be charged under Department of Justice FOIA/PA regulations in excess of $25.00. You will be notified as soon as practicable if the estimated or actual fee for satisfying your request exceeds $25.00.
Should you have any questions, please contact Cynthia A. Castaneda at (703) 740-3935 or the FOIA Service Center at (703) 740-3943.
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following Freedom of Information Act request, copied below, and originally submitted on March 13, 2018. Please let me know when I can expect to receive a response. You had assigned it reference number #2018USMS32587.
Thanks for your help, and let me know if further clarification is needed.
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following Freedom of Information Act request, copied below, and originally submitted on March 13, 2018. Please let me know when I can expect to receive a response. You had assigned it reference number #2018USMS32587.
Thanks for your help, and let me know if further clarification is needed.
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following Freedom of Information Act request, copied below, and originally submitted on March 13, 2018. Please let me know when I can expect to receive a response. You had assigned it reference number #2018USMS32587.
Thanks for your help, and let me know if further clarification is needed.
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following Freedom of Information Act request, copied below, and originally submitted on March 13, 2018. Please let me know when I can expect to receive a response. You had assigned it reference number #2018USMS32587.
Thanks for your help, and let me know if further clarification is needed.
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following Freedom of Information Act request, copied below, and originally submitted on March 13, 2018. Please let me know when I can expect to receive a response. You had assigned it reference number #2018USMS32587.
Thanks for your help, and let me know if further clarification is needed.
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following Freedom of Information Act request, copied below, and originally submitted on March 13, 2018. Please let me know when I can expect to receive a response. You had assigned it reference number #2018USMS32587.
Thanks for your help, and let me know if further clarification is needed.
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following Freedom of Information Act request, copied below, and originally submitted on March 13, 2018. Please let me know when I can expect to receive a response. You had assigned it reference number #2018USMS32587.
Thanks for your help, and let me know if further clarification is needed.
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following Freedom of Information Act request, copied below, and originally submitted on March 13, 2018. Please let me know when I can expect to receive a response. You had assigned it reference number #2018USMS32587.
Thanks for your help, and let me know if further clarification is needed.
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following Freedom of Information Act request, copied below, and originally submitted on March 13, 2018. Please let me know when I can expect to receive a response. You had assigned it reference number #2018USMS32587.
Thanks for your help, and let me know if further clarification is needed.
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following Freedom of Information Act request, copied below, and originally submitted on March 13, 2018. Please let me know when I can expect to receive a response. You had assigned it reference number #2018USMS32587.
Thanks for your help, and let me know if further clarification is needed.
From: Department of Justice, United States Marshals
The United States Marshals Service (USMS) is responding to your Freedom of Information Act (FOIA) request subject as above.
Pursuant to your request, the USMS conducted a search of the Office of Public Affairs and located 2 pages of documents. Portions of the pages are being withheld pursuant to FOIA Exemptions (b)(6), (b)(7)(C), and (b)(7)(F).
FOIA Exemption (b)(6) allows an agency to withhold personnel, medical, and similar files, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy. Records that apply to or describe a particular individual, including investigative records, qualify as "personnel," "medical," or "similar files" under Exemption 6. FOIA Exemption (b)(7)(C) protects records or information compiled for law enforcement purposes to the extent that the production of such records or information could reasonably be expected to constitute an unwarranted invasion of personal privacy. A discretionary release of such records is not appropriate. See United States Department of Justice (DOJ) v. Reporters Committee for Freedom of the Press, 489 U.S. 749 (1989).
FOIA Exemption (b)(7)(F) protects law enforcement information that "could reasonably be expected to endanger the life or physical safety of any individual." 5 U.S.C. § 552(b)(7)(F) (2006), amended by OPEN Government Act of 2007, Pub. L. No. 110175, 121 Stat. 2524. Courts have routinely upheld the use of Exemption (b)(7)(F) to protect the identities of law enforcement agents, as well as protect the names and identifying information of non-law enforcement federal employees, local law enforcement personnel, and other third persons in connection with particular law enforcement matters. See Rugiero v. DOJ, 257 F.3d 534, 552 (6th Cir. 2001); Johnston v. DOJ, No. 97-2173, 1998 WL 518529, *1 (8th Cir. Aug. 10, 1998).
Accordingly, the personally identifiable information of law enforcement officers and government employees was withheld from the responsive documentation. The disclosure of such sensitive information contained in records compiled for law enforcement purposes to the public could subject law enforcement officers and other government personnel to harassment and unwelcome contact. This could disrupt and impede official agency activity, as well as endanger the safety of law enforcement officials. Additionally, the personally identifiable information of third parties named in the records was withheld. The disclosure of third party information could constitute an unwarranted invasion of personal privacy and subject the individuals to embarrassment, harassment, and undue public attention. Individuals have a recognized privacy interest in not being publicly associated with law enforcement investigations, not being associated unwarrantedly with alleged criminal activity, and controlling how communications about them are disseminated.
For your information, Congress excluded three discrete categories of law enforcement and national security records from the requirements of the FOIA. See 5 U.S.C. 552(c) (2006 & Supp. IV (2010)). This response is limited to those records that are subject to the requirements of the FOIA. This is a standard notification that is given to all our requesters and should not be taken as an indication that excluded records do, or do not, exist.
If you are not satisfied with USMS's determination in response to this request, you may administratively appeal by writing to the Director, Office of Information Policy (OIP), United States Department of Justice, 441 G Street, NW, 6th Floor, Washington, D.C. 20530, or you may submit an appeal through OIP's FOIA STAR portal by creating an account following the instructions on OIP's website: https://www.justice.gov/oip/submit-and-track-request-or-appeal. Your appeal must be postmarked or electronically transmitted within 90 days of the date of my response to your request. If you submit your appeal by mail, both the letter and the envelope should be clearly marked "Freedom of Information Act Appeal."
You may also contact the USMS FOIA Officer or our FOIA Public Liaison at (703) 740-3943 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, Room 2510, 8601 Adelphi Road, College Park, Maryland 20740-6001; e-mail at ogis@nara.gov<mailto:ogis@nara.gov>; telephone at 202-741-5770; toll free at 1-877-684-6448; or facsimile at 202-741-5769.
NOTICE: This email (including any attachments) is intended for the use of the individual or entity to which it is addressed. It may contain information that is privileged, confidential, or otherwise protected by applicable law. If you are not the intended recipient (or the recipient's agent), you are hereby notified that unauthorized dissemination, distribution, copying, or use of this email or its contents is prohibited and may violate applicable law. If you received this email in error, please notify the sender immediately and destroy all copies.
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