FOIA Request

Josh Keefe filed this request with the Consumer Financial Protection Bureau of the United States of America.
Due Feb. 13, 2018
Est. Completion None
Status
Awaiting Response

Communications

From: Josh Keefe

To Whom It May Concern:

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

I'm am writing to request all ethics waivers issued by the CFPB in 2017, as well as all ethics waivers issued by the Office of Government Ethics to CFPB staff in 2017.

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,

Josh Keefe

From: Consumer Financial Protection Bureau

Dear Mr. Keefe,
Please see the attached acknowledgement letter that references your FOIA request dated December 8, 2017 that was submitted to the Consumer Financial Protection Bureau (CFPB).
If you have any questions or concerns, please do not hesitate to contact the CFPB FOIA Service Center at 1-855-444-FOIA (3642) or
CFPB_FOIA@cfpb.gov. (mailto:CFPB_FOIA@cfpb.gov)
Thank you.
Holly Walter

  • Consumer Financial Protection Bureau FOIA Request (CFPB-2018-137-F)

From: Josh Keefe

I am requesting a waiver of all fees under 5 U.S.C. Section 552(a)(4)(A)(iii). I am a full-time reporter with the International Business Times and the information I seek is in the public interest because it will contribute significantly to public understanding of the operations or activities of the government and is not primarily in my commercial interest. This request is not a commercial request -- it is being made by IBT/Newsweek, an award-winning journalism organization.

I believe I meet the criteria for a fee waiver recognized by the executive branch - and by the federal courts, See Project on Military Procurement v. Department of the Navy, 710 F. Supp. 362 363, 365 (D.C.D. 1989).

My request concerns the operations or activities of government because the records relate to the enforcement of consumer protection laws at a time when there is significant public debate about financial regulations. The records that are responsive to this request will spotlight the way the government shapes consumer financial protection regulations.

Also, the information sought has informative value, or potential for contribution to public understanding. Please note the decision in Elizabeth Eudey v. Central Intelligence Agency, 478 F. Supp. 1175 1176 (D.C.D. 1979) (even a single document has the potential for contributing to public understanding). As the senior editor for investigations at Newsweek/IBT, I plan to disseminate this information to the public at large through publication in Newsweek and at International Business Times. Those award-winning publications get millions of visitors per month.

In addition, the release of this information will have a significant impact on public understanding because it will illustrate how financial enforcement decisions are influenced and made by public officials. The policy matters this request covers millions of people in their daily lives, and these documents will show how those matters are perceived by public officials and influenced by outside interests.

In your deliberations, please take note of the following cases: Campbell v. U.S. Department of Justice, 334 U.S. App. D.C. (1998)(administrative and seemingly repetitious information is not exempt from fee-waiver consideration); Project on Military Procurement (agencies cannot reject a fee waiver based on the assumption that the information sought is covered by a FOIA exemption; and Landmark Legal Foundation v. Internal Revenue Service, 1998 U.S. Dist. LEXIS 21722 (D.C.D. 1998)(the fact that the information will soon be turned over to a public body does not exempt the material from fee-waiver consideration).

If it is your position that some records are exempt from disclosure but others are not, I request that you provide the documents that are not exempt. For the exempted documents, I request that you provide an index of those exempted documents as required under Vaughn v. Rosen, 484 F.2d 820 (D.C. Cir. 1973), cert. denied, 415 U.S. 977 (1972). As you are aware, a Vaughn index must describe each document claimed as exempt with sufficient specificity “to permit a reasoned judgment as to whether the material is actually exempt under FOIA.” Founding Church of Scientology v. Bell, 603 F.2d 945, 949 (D.C. Cir. 1979). Moreover, the Vaughn index must “describe each document or portion thereof withheld, and for each withholding it must discuss the consequences of supplying the sought-after information.” King v. U.S. Dep’t of Justice, 830 F.2d 210, 223-24 (D.C. Cir. 1987) (emphasis added). Further, “the withholding agency must supply ‘a relatively detailed justification, specifically identifying the reasons why a particular exemption is relevant and correlating those claims with the particular part of a withheld document to which they apply.’” Id.at 224 (citing Mead Data Central v. U.S. Dep’t of the Air Force, 566 F.2d 242, 251 (D.C. Cir. 1977)).

From: Consumer Financial Protection Bureau

From: Consumer Financial Protection Bureau

Good afternoon Mr. Keefe,

This is regarding the referenced FOIA request which you received earlier today.

We inadvertently sent you an incorrect production that contained incomplete redactions.

Please use this attached version which matches our accompanying response letter, and kindly disregard the earlier production.

If you have any questions, please contact me directly.

Thank you,

Raynell D. Lazier
FOIA Manager | Operations Division
Office: 202-435-7165 | Mobile: 202-697-1577

Consumer Financial Protection Bureau
consumerfinance.gov/foia

From: Consumer Financial Protection Bureau

Good afternoon Mr. Keefe,

This is regarding the referenced FOIA request which you received earlier today.

We inadvertently sent you an incorrect production that contained incomplete redactions.

Please use this attached version which matches our accompanying response letter, and kindly disregard the earlier production.

If you have any questions, please contact me directly.

Thank you,

Raynell D. Lazier
FOIA Manager | Operations Division
Office: 202-435-7165 | Mobile: 202-697-1577

Consumer Financial Protection Bureau
consumerfinance.gov/foia

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