FOIA request HQMC-201000446 Case File (USMC)

Jason Smathers filed this request with the United States Marine Corps of the United States of America.
Tracking #

HQMC 2014000052

Est. Completion None
Status
Withdrawn

Communications

From: Jason Smathers

To Whom It May Concern:

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

The complete case file for the FOIA request HQMC-201000446 and any other record mentioning this request where that record is held by the main USMC FOIA office.

I authorize fees up to $25. If fees are expected to surpass this amount, please let me know before incurring them to allow me an opportunity to agree to higher fees or to narrow my request.

Although I make requests in various capacities, this particular request is being made as a news media requester.

I have a track record of being able to take raw materials released under the FOIA and turning them into a unique work using my editorial skills. For a related example, please see the article titled United States Marines duped by pretend jihadist, Ergun Caner, which is available online ( http://www.witnessesuntome.com/2010/08/united-states-marines-duped-by-pretend-jihadist-ergun-caner/ ).

Witnesses Unto Me will be publishing the work created based on the results of this FOIA requests. My numerous works published with Witnesses Unto Me demonstrates my ability to distribute my work to an audience made up of the general public.

The material requested is the subject of current news, it is of current interest to the public. This can be demonstrated by the media attention which this issue has recently received. For example, in July of this year, Janet Mefferd discussed the issue on nationally syndicated radio. The Week published a story on July 22, 2013. Associated Baptist Press has written a series of articles on the subject. Tech Dirt covered the story on June 26th, 2013. The Virginia Coalition for Open Government printed an abstract of the article by The Week amid their list of open government news issues. Christianity Today will be running a story on this topic in their December, 2013 issue, showing other news media outlets find the issue of current interest to the public and expect it to remain of interest as the story is planned for their December issue, while I submit this request in October.

Just as a major newspaper would contain editorials, funny pages, and advertisements along side of the news, Witnesses Unto Me also publishes a variety of types of material. Similarly, writers whom are published in major newspapers are considered news media for the purposes of FOIA, this request should also be billed as a news media request. Again, the responsive records will be turned into a unique work product using my editorial skills and published as a news piece on Witnesses Unto Me.

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,
Jason Smathers

From: Hughes CIV Sally

From: Jason Smathers

I would like to point out that my request is not the same as the one I withdrew. In particular, I have limited this request to records held by the main USMC FOIA office. It was my hope that this would make your search much easier.

Can you please help me understand your search plan which requires such a lengthy search for records?

Would you please tell me (a) which individuals were determined to possibly have responsive records and (b) which files they have that may contain those records. It is my hopes that with further communication I can either decide that we should go forward with the search as planned, or reduce the scope of the search.

Thank you very much.

Regards,
Jason Smathers

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 Oct. 22, 2013. Please let me know when I can expect to receive a response, or if further clarification is needed. You had assigned it reference number #HQMC 2014000052.

Thank you for your help.

From: Hughes CIV Sally

Mr. Smathers -- there are six individuals in this office who work on FOIA requests, with paygrades that include one at the clerical level and five at the professional level. Given the number of FOIA requests you have submitted, some or all of the employees in this office may have responsive records. To conduct a search that will comply with our FOIA obligations and be reasonably calculated to identify responsive records, all of us would be required to search our files, notes and so on. Please advise as to whether you would like us to conduct that search and, if so, please remit your check per our previous correspondence.

Sally A. Hughes
Head, FOIA/PA Program
Headquarters, U.S. Marine Corps
3000 Marine Corps Pentagon
Washington, D.C. 20350
Tel: 703-614-3685
Fax: 703-614-6287

FOR OFFICIAL USE ONLY - PRIVACY SENSITIVE: ANY MISUSE OR UNAUTHORIZED
DISCLOSURE MAY RESULT IN CIVIL AND/OR CRIMINAL PENALTIES

Confidentiality Notice: This e-mail message, including any attachments, is
for the sole use of the intended recipient(s) and may contain confidential and/or
privileged information. Any unauthorized review, use, disclosure or
distribution is prohibited. If you are not the intended recipient, please
contact the sender by reply e-mail and destroy any copies of the original
message.

From: Jason Smathers

Please limit the search to records filed in your primary system of records for FOIA processing records AND all records held by the person responsible for HQMC 2014000052 rather than searching the records of each person in the office.

Thank you.

From: Hughes CIV Sally

Mr. Smathers -- your request included "the complete case file for the FOIA request HQMC-201000446 and any other record mentioning this request where that record is held by the main USMC FOIA office." Be advised that we have received many, many requests for the same information from other individuals, and these would be responsive records. Cases are not assigned in the office based on the subject matter of the request, and all of us have at one point or another dealt with some matter related to your request. Further, inasmuch as you have submitted the same request to Cherry Point, we are consolidating their search time with ours as we consider this one request to the Marine Corps. In light of that, our fee estimate was, if anything, on the conservative side.

Sally A. Hughes
Head, FOIA/PA Program
Headquarters, U.S. Marine Corps
3000 Marine Corps Pentagon
Washington, D.C. 20350
Tel: 703-614-3685
Fax: 703-614-6287

FOR OFFICIAL USE ONLY - PRIVACY SENSITIVE: ANY MISUSE OR UNAUTHORIZED
DISCLOSURE MAY RESULT IN CIVIL AND/OR CRIMINAL PENALTIES

Confidentiality Notice: This e-mail message, including any attachments, is
for the sole use of the intended recipient(s) and may contain confidential and/or
privileged information. Any unauthorized review, use, disclosure or
distribution is prohibited. If you are not the intended recipient, please
contact the sender by reply e-mail and destroy any copies of the original
message.

From: Gonzalez CIV Barbara

Good Afternoon Mr. Smathers,

Attached please find our correspondence in reference to your FOIA request below. Thanks

Sincerely,

Barbara Gonzalez
Team Lead (FOIA) (ARSF)

FOIA/PA Phone: (703) 614-4008
Direct Line: (571) 256-8636
Fax: (703) 614-6287

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