Freedom of Information Request: James Boggs FBI file (National Archives and Records Administration)

Dear Mr. Tarnoff:

Thank you for submitting your Freedom of Information Act (FOIA) request to
the National Archives and Records Administration (NARA) via email to
FOIA@nara.gov. Your request concerns FBI files *100-HQ-405600 and
100-HQ-45600.*

Our office handles FOIA and Privacy Act requests for the NARA's
operational records
(records created by this agency). Since your request is for archival
records (records created by or originated in a different agency, but that
may have been transferred to the legal custody of NARA) to which access may
be restricted, we are forwarding it by this email to our Office of Research
Services, Special Access and FOIA staff who handle FOIA requests for such
archival records.

That office will assign your request a tracking number, and respond
directly to you. In the future, if you need to follow up with that office,
please contact them at the address below, or electronically via email
(email is preferred).

The National Archives and Records Administration
Special Access and FOIA Staff (RF)
8601 Adelphi Road, Room 5500
College Park, MD 20740

Phone: 301-837-3190
Fax: 301-837-1864
Email: specialaccess_foia@nara.gov

For your reference, a copy of your request is below.

Please visit our website at www.archives.gov/foia for further information
about making a FOIA request to NARA. On our main website, www.archives.gov,
you can learn more about the resources that we offer to the public, and you
can access our online catalog.

Due to the COVID-19 pandemic, and pursuant to guidance received from the
Office of Management and Budget (OMB), NARA had adjusted its normal
operations to balance the need of completing its mission-critical work
while also adhering to the recommended social distancing for the safety of
our staff. As a result of this re-prioritization of activities, you may
experience a delay in receiving a substantive response to your FOIA
request. We apologize for this inconvenience and appreciate your
understanding and patience.

Sincerely,

Ashley A. Bryan

Government Information Specialist

Office of General Counsel (NGC)

National Archives and Records Administration

8601 Adelphi Road

College Park, Maryland, 20740-6001

301-837-3642

---------- Forwarded message ---------
From: <requests@muckrock.com>
Date: Mon, Nov 7, 2022 at 9:45 PM
Subject: Freedom of Information Act Request: Freedom of Information
Request: James Boggs FBI file (National Archives and Records Administration)
To: <foia@nara.gov>

Nat'l Archives & Records Admin
FOIA Office
Room 3110
8601 Adelphi Road
College Park, MD 20740

November 7, 2022

To Whom It May Concern:

Pursuant to the Freedom of Information Act, I hereby request the following
records:

All documents or files pertaining to James "Jimmy" Boggs, the Detroit-based
activist. Boggs died in 1993, as stated in this article about his wife's
100th birthday:
https://www.freep.com/story/news/local/michigan/detroit/2015/06/25/grace-lee-boggs-100-birthday/29280271/
.

Through research into these files, I believe the following file numbers may
be relevant: 100-HQ-405600 and 100-HQ-45600.

I am a journalist whose work has appeared in The New York Times, The
Guardian, and other places. I am seeking a fee waiver because this request
is being made for public interest purposes and not for commercial purposes.

Because I have a publication timeline, I would like to request an expedited
review.

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,

Benjamin Tarnoff

View request history, upload responsive documents, and report problems here:
https://www.muckrock.com/

If prompted for a passcode, please enter:
••••••••

Filed via MuckRock.com
E-mail (Preferred): requests@muckrock.com

PLEASE NOTE OUR NEW ADDRESS
For mailed responses, please address (see note):
MuckRock News
DEPT MR 136388
263 Huntington Ave
Boston, MA 02115

PLEASE NOTE: This request is not filed by a MuckRock staff member, but is
being sent through MuckRock by the above in order to better track, share,
and manage public records requests. Also note that improperly addressed
(i.e., with the requester's name rather than "MuckRock News" and the
department number) requests might be returned as undeliverable.

Dear Benjamin Tarnoff,

It has come to my attention that each of your requests have a separate
email addresses. To make sure you receive the acknowledgement on all
requests, you with find the original acknowledgement below.

We are combining all of your requests sent in on November 7th, 8th, and the
10th. The request on Martin Glaberman, Frances D. Paine, C.L.R. James,
George Lyman Paine Jr., James "Jimmy" Boggs, Johnson-Forest Tendency, and
Raya Dunayevskaya all with be completed under the case number *RD 68411*.

We also received a DOJ file for Martin Glaberman and that will be completed
under it's own case number. Of which you will receive a separate
acknowledgement.

Dear Benjamin Tarnoff,

I am writing in response to your Freedom of Information Act (FOIA) request
received by this office on November 7, 2022 for records in the custody of
the National Archives and Records Administration (NARA). Your request was
assigned FOIA Tracking Number *RD 68411*.

Your requests on Johnson-Forest Tendency, Martin Glaberman, Frances Drake
Paine Jr., C.L.R. James, and George Lyman Paine Jr., were all forwarded to
our office and will be combined under the above case number.

We are continuing to work on logging in FOIA requests in the order they are
received. Once your request reaches the front of the initial response
queue, a staff member will search for the record(s) and provide you with a
more substantive response detailing the results of the search and the
estimated completion date for your request.

Our small staff will continue to work diligently to process each request as
quickly as possible, but please be aware that we are operating at
significantly reduced staffing levels onsite and it is taking longer than
usual. We apologize for this inconvenience and appreciate your
understanding and patience.

You also asked for a fee waiver:

Records transferred to the custody of the National Archives are exempt from
the fee and fee waiver provisions of the Freedom of Information Act because
a fee schedule was in effect prior to enactment. The applicable section
states that “nothing in this subparagraph shall supersede fees chargeable
under a statute specifically providing for setting the level of fees for
particular types of records” (5 U.S.C. 552 (a)(4)(A)(vi)). The relevant fee
statute authorizes the National Archives “to charge a fee for making or
authenticating copies or reproductions of materials transferred to the
Archivist’s custody.” (44 U.S.C. 2116(c)). The inability to grant the
requested fee waiver does not constitute a denial under the terms of the
Freedom of Information Act.

If you are not satisfied with our action on this request, you have the
right to file an administrative appeal within ninety (90) calendar days
from the date of this letter. Appeals must be in writing and may be
delivered by regular U.S. mail or by email. By filing an appeal, you
preserve your rights under the Freedom of Information Act and present the
deciding agency with an opportunity to review your request and reconsider
its decision. If you submit your appeal by regular mail, it should be
addressed to the Deputy Archivist of the United States (ND), National
Archives and Records Administration, 8601 Adelphi Road, Room 4200, College
Park, Maryland 20740-6001. Both the letter and envelope should be clearly
marked “FOIA Appeal.” If you submit your appeal by email, please send it to
foia@nara.gov, addressed to the Deputy Archivist, with the words “FOIA
Appeal” in the subject line. Please be certain to explain why you believe
this response does not meet the requirements of the Freedom of Information
Act. All communications concerning this request should reference your FOIA
tracking number.

If you would like the opportunity to discuss our response and attempt to
resolve your dispute without initiating the appeals process, you may
contact our FOIA Public Liaison for assistance:

Accessioned Executive Branch Records – Washington, DC Area

FOIA Requester Service Center: 301-837-3190

FOIA Public Liaison: Rebecca Calcagno

8601 Adelphi Road, Room 5500

College Park, MD 20740-6001

dc.foia.liaison@nara.gov

301-837-3190

You may also contact the Office of Government Information Services (OGIS),
the Federal FOIA Ombudsman’s office, for assistance. OGIS offers mediation
services to help resolve disputes between FOIA requesters and Federal
agencies. The contact information for OGIS is:

Office of Government Information Services

National Archives and Records Administration

8601 Adelphi Road–OGIS

College Park, MD 20740-6001

Email: ogis@nara.gov

https://www.archives.gov/ogis

Phone: 202-741-5770 or 1-877-684-6448

I also saw you asked for expedited processing, below you will find the
criteria:

In accordance with 36 CFR 1250.28, the National Archives and Records
Administration may, at its discretion, expedite the review of records
requested under the Freedom of Information Act and move a request to the
head of a FOIA processing queue, if the requester meets one of the
following criteria:

1.

A reasonable expectation of an imminent threat to an individual’s life
or physical safety; or
2.

A reasonable expectation of an imminent loss of a substantial due
process right; or
3.

An urgent need to inform the public about an actual or alleged Federal
Government activity (this applies only to those requests made by persons
primarily engaged in disseminating information to the public); or
4.

The subject is of widespread and exceptional media interest and the
information sought involves possible questions about the government’s
integrity that affect public confidence.

If you feel that you qualify for expedited review under one of the
above-listed criteria, please send a formal request for expedited review
with an explanation for how you qualify to specialaccess_foia@nara.gov
<specialaccess_FOIA@nara.gov>. Please cite your FOIA tracking number in
your request. NARA will respond to your request for expedited processing
within ten calendar days as required by law.
If you have any questions concerning this action, or to notify this office
of a change in your contact information, please email
specialaccess_foia@nara.gov or call 301-837-3190. All communications
concerning this request should reference your FOIA Tracking Number
*RD 68411*.

Sincerely,
Alexis Bucher
Special Access and FOIA Program (RF)
National Archives at College Park

Dear Benjamin Tarnoff:

Per our email dated November 23, 2022, we combined your requests under RD
68411. Your requests dated Archives Specialist Jermaine Scott responded to
your request via emails to requests@muckrock.com sent on
December 2, 2022. Can you confirm if you did not receive the emails?

Sincerely,
Megan Dwyre
Special Access and FOIA Program