FOIA Processing Notes (Chokwe Lumumba)

Dustin Slaughter filed this request with the Federal Bureau of Investigation of the United States of America.
Est. Completion None
Status
Awaiting Appeal

Communications

From: Dustin Slaughter

To Whom It May Concern:

This is a request under the Freedom of Information Act. I hereby request the following records:

FOIA Processing Notes for the following case:

1255124-000

I also request that, if appropriate, fees be waived as I believe this request is in the public interest. The requested documents will be made available to the general public free of charge as part of the public information service at MuckRock.com, processed by a representative of the news media/press and is made in the process of news gathering and not for commercial usage.

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,

Dustin Slaughter

From: Sobonya, David P.

Dear Mr. Slaughter,

The FBI has received your Freedom of Information Act/Privacy (FOIPA) request and it will be forwarded to Initial Processing for review. Your request will be processed under the provisions of FOIPA and a response will be mailed to you at a later date.

Requests for fee waivers and expedited processing will be addressed once your request has been assigned an FOIPA request number. You will receive written notification of the FBI’s decision.

Information regarding the Freedom of Information Act/Privacy is available at http://www.fbi.gov/ or http://www.fbi.gov/foia/. If you require additional assistance please contact the Public Information Officer.

Thank you,

David P. Sobonya
Public Information Officer/Legal Admin. Specialist
Record/Information Dissemination Section (RIDS)
FBI-Records Management Division
170 Marcel Drive, Winchester, VA 22602-4843
PIO: (540) 868-4593
Direct: (540) 868-4286
Fax: (540) 868-4391/4997

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 March 17, 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: Sobonya, David P.

Dear Mr. Slaughter,

You were mailed a letter dated 3-28-2014 which states in part...The material you requested is exempt from disclosure pursuant to U.S.C. Section 552(b)(5).

If you did not receive the correspondence please advise and another copy will be mailed to you. Please reference FOIPA #1255124-000 in any future correspondence.

Thank you,

David P. Sobonya
Public Information Officer/Legal Admin. Specialist
Record/Information Dissemination Section (RIDS)
FBI-Records Management Division
170 Marcel Drive, Winchester, VA 22602-4843
PIO: (540) 868-4593
Direct: (540) 868-4286
Fax: (540) 868-4391/4997

From: Dustin Slaughter

Dear Mr. Sobonya,

Please consider this a formal appeal to your office's b(5) denial of my request for processing notes related to case #1255124-000.

The statutory exemption clearly states that records may be withheld if they are "inter-agency or intra-agency memorandums or letters which would not be available by law to a party other than an agency in litigation with the agency."

Your office, in stating that these "documents are pre-decisional and deliberative; and that the release of the information contained in these responsive records could reasonably be expected to interfere with the deliberative process" has failed to demonstrate, or even mention in its response, how b(5) could apply because it makes no mention of your agency being actively involved in litigation with any party. Citing statutory language without further explanation, therefore, is not sufficient.

Furthermore, the subject of this request, Mayor Chokwe Lumumba, is deceased. It is somewhat baffling why your agency would withhold responsive records, especially those of a possibly litigious nature. Simply put, denying a FOIA request because relevant documents may prove embarrassing to an agency violates the letter and spirit of the FOIA.

Lastly, your agency's overly-broad use of b(5) flies in the face of President Obama and AG Holder's insistence that agencies operate with "a presumption of openness" with the FOIA.

If your agency is unwilling to release these documents, I will be forced to refer this request to OGIS, and, failing that, move to litigation.

Thank you for your time and consideration. I look forward to your timely response as mandated by statute.

Sincerely,

Dustin M. Slaughter

Files

There are no files associated with this request.