Green DxE Comms

Jimmy Tobias filed this request with the U.S. Department Of Agriculture, Office of the Secretary of the United States of America.
Tracking #

2018-DA-04352-F, 2020-OSEC-04904-F

2018-DA-04352-F

Est. Completion None
Status
Fix Required

Communications

From: Jimmy Tobias


To Whom It May Concern:

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

Any and all written or electronic communications, including attachments, sent or received by Chief of Staff Heidi Green that contain one or more of the following words or phrases: "Direct Action Everywhere", "DxE", "direct action", "animal rights", "animal liberation", "ag gag", "Hsiung", "Circle Four Farms" and/or "Smithfield". This request seeks documents produced between September 1, 2017 and May 15, 2018.

I am a reporter for Pacific Standard magazine.

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,

Jimmy Tobias

From: U.S. Department Of Agriculture, Office of the Secretary

Dear Mr. Tobias:
This email acknowledges receipt of your attached May 30, 2018, Freedom of Information Act (FOIA) request to the U.S. Department of Agriculture (USDA) Departmental FOIA Office (DFO).
The DFO is under the purview of the Office of the Chief Information Officer (OCIO) and serves as the focal point for USDA's FOIA program. The DFO provides coordination and ensures agency-wide compliance with the FOIA. Additionally, the DFO processes requests and appeals on behalf of the Office of the Secretary and Departmental Administration's (DA) components (previously Departmental Management). For a complete listing of DA's components, please visit http://www.dm.usda.gov/agencies.htm.
The FOIA regulation 5 U.S.C. § 552(a)(6)(A)(i) requires USDA to make a determination in response to a FOIA request within 20 business days from its date of receipt. In unusual circumstances, the Federal agency time limit may be extended by 10 business days as stated in 5 U.S.C. § 552(a)(6)(B). If your request seeks numerous records that will necessitate a wide-ranging search including searches with components and possible consultations with components that have a substantial interest in the determination of this request, USDA will invoke a 10 business day extension for determination of your request. You have the option to narrow the scope of your request to limit the number of potentially responsive records.
Due to the increasing number of FOIA requests received by this office, we may encounter some delay in processing your request. Pursuant to USDA FOIA regulations, Title 7 CFR §1.8(d), the USDA processes FOIA requests according to their order of receipt.
Provisions of the FOIA allow USDA to recover part of the cost of complying with your request. For purposes of fee assessment, you have been categorized as a media requester, pursuant to 7 CFR Appendix A to Subpart A of Part 1 Section (5)(c). For your review and information, a copy of the USDA FOIA Fee Schedule is attached. In accordance with 7 CFR Appendix A to Subpart A of Part 1 Section 6(a)(4), your fees shall be waived where the amount of the fee is $25.00 or less. You will be contacted before any fees over $25.00 are accrued.
A search will be conducted for records responsive to your request. If any responsive records are located, they will be reviewed for determination of releasability. Please be assured that a FOIA analyst will respond to your request as expeditiously as possible. We appreciate your patience as we proceed with your request.
Your request has been assigned FOIA Case No. 2018-DA-04352-F. Please refer to this case number in any future correspondence. If you have any questions regarding the processing of this request, please contact Ms. Kathleen Drohan at 202-694-1802, kathleen.drohan@ocio.usda.gov<mailto:kathleen.drohan@ocio.usda.gov>, or USDAFOIA@ocio.usda.gov<mailto:USDAFOIA@ocio.usda.gov>. For additional information regarding USDA FOIA regulations and process, please refer to the information available on-line at www.dm.usda.gov/foia<http://www.dm.usda.gov/foia>.
The DFO team appreciates the opportunity to assist you.
Thanks,
Kathleen Drohan, on behalf of the DFO team.
Kathleen Drohan
FOIA Analyst (Contractor)
United States Department of Agriculture
Departmental FOIA Office
Office of the Chief Information Officer
Room 4105
1400 Independence Avenue, S.W.
Washington DC 20250
Telephone: (202) 694-1802
Email: Kathleen.Drohan@ocio.usda.gov

This electronic message contains information generated by the USDA solely for the intended recipients. Any unauthorized interception of this message or the use or disclosure of the information it contains may violate the law and subject the violator to civil or criminal penalties. If you believe you have received this message in error, please notify the sender and delete the email immediately.

From: U.S. Department Of Agriculture, Office of the Secretary

HI Jimmy,

Is there a number I could reach you at or would you be able to call me? I'd like to discuss your request and try to get an idea of what you are looking for so we can perhaps narrow the search terms to narrow the volume of potential search results.
Thanks,

Kathleen

From: Jimmy Tobias

Hi Kathleen,

Thank you for the quick reply. I can be reached at 248-763-0088.

Thanks again.

Jimmy Tobias

From: U.S. Department Of Agriculture, Office of the Secretary

Hi Jimmy,

Looks like we’re playing phone tag. I just called you. You’re voice mail is full. Hopefully, we can touch base tomorrow. I’m available between 9 and 4.
Thanks,

Kathleen

From: U.S. Department Of Agriculture, Office of the Secretary

Hi Jimmy,

I left you a voice mail yesterday, 6/21, and I wanted to follow up with an email. I’d like to discuss your request – specifically, narrowing the number of search terms.

Are you still interested in the request?
Thanks,

Kathleen

From: U.S. Department Of Agriculture, Office of the Secretary

Hi Jimmy,

Just following up. Are you still interested in the request?
Thanks,

Kathleen

From: U.S. Department Of Agriculture, Office of the Secretary

Hi Jimmy,

Are you still interested in the request?
Thanks,

Kathleen

From: Jimmy Tobias

Hi Kathleen,

Forgive my slow reply. I am indeed still interested in the request, but was away from computer and phone service the last couple of weeks. Would you be free for a call today? I will give you a call shortly if so.

Jimmy Tobias
248-763-0088

From: U.S. Department Of Agriculture, Office of the Secretary

Hi Jimmy,

No worries. I was out of the office last week but received your voice mails this morning and returned your calls and left you a voice mail. I’m available all this week for a call. If you want to set up a specific time, that works for me - just let me know.
Thanks,

Kathleen

From: U.S. Department Of Agriculture, Office of the Secretary

Hi Jimmy,

I’m glad we were able to finally touch base today on the phone. Can you reply to confirm that you agreed to remove “animal rights” and “animal liberation” from your search terms?
Thanks!

Kathleen

From: Jimmy Tobias

Hi Kathleen,

Thanks for the call. Yes, I confirm. Thanks again.

Jimmy

From: U.S. Department Of Agriculture, Office of the Secretary

Hi Jimmy,

Attached is the final response to your request.

Thanks,

Kathleen

Kathleen Drohan
FOIA Analyst (Contractor)
United States Department of Agriculture
Departmental FOIA Office
Office of the Chief Information Officer
Room 4105
1400 Independence Avenue, S.W.
Washington DC 20250
Telephone: (202) 694-1802
Email: Kathleen.Drohan@ocio.usda.gov

This electronic message contains information generated by the USDA solely for the intended recipients. Any unauthorized interception of this message or the use or disclosure of the information it contains may violate the law and subject the violator to civil or criminal penalties. If you believe you have received this message in error, please notify the sender and delete the email immediately.

From: U.S. Department Of Agriculture, Office of the Secretary

Good morning, Mr. Tobias.

Thank you for taking the time to speak with me yesterday.

This e-mail formally acknowledges receipt of the Freedom of Information Act (FOIA) request you originally submitted on September 12, 2018 to the U.S. Department of Agriculture (USDA), Departmental FOIA Office (DFO). Your request, which was a follow-up to FOIA Request No. 2018-DA-04352-F, originally was assigned to an analyst who has left the office. It is now assigned to me to complete processing. Since the search results associated with 2018-DA-04352-F are no longer available, the DFO has initiated a second search for the records in order to process the non-responsive portion you have requested.

Informationally, the Departmental FOIA Office (DFO) is under the purview of the Office of the General Counsel (OGC) and serves as the focal point for USDA’s FOIA program. The DFO provides coordination and ensures agency-wide compliance with the FOIA. Additionally, the DFO processes requests and appeals on behalf of the Office of the Secretary (OSEC), the Under Secretaries, USDA’s staff offices, Departmental Administration, the Research, Education and Economics and Trade and Foreign Agricultural Affairs Mission areas.

Your request has been assigned FOIA Case No. 2020-OSEC-04904-F. Please refer to this case number in any future correspondence. If you have any questions regarding this letter, please contact me at (703) 675-6943 (mobile telework #) or electronically at Christine.Jordan@usda.gov<mailto:Christine.Jordan@usda.gov> or USDAFOIA@usda.gov<mailto:USDAFOIA@usda.gov>. For additional information regarding USDA FOIA regulations and process, please refer to the information available on-line at www.dm.usda.gov/foia<http://www.dm.usda.gov/foia>.

[cid:image001.png@01D648B0.91DE7E90]
Christine Jordan
FOIA Analyst Contractor, PM
Departmental FOIA Office
Office of the General Counsel
U.S. Department of Agriculture
1400 Independence Ave., SW
Room 4105
Washington, DC 20250
☎ 703-675-6943 (Telework Cell)
Christine.Jordan@usda.gov<mailto:Christine.Jordan@usda.gov>

This electronic message contains information generated by the USDA solely for the intended recipients. Any unauthorized interception of this message or the use or disclosure of the information it contains may violate the law and subject the violator to civil or criminal penalties. If you believe you have received this message in error, please notify the sender and delete the email immediately.

From: U.S. Department Of Agriculture, Office of the Secretary

Sir/Madame:

Attached please find final responses to each of the specified requests, sent on August 14, 2018 (2018-DA-04352-F) and August 28, 2020 (2020-OSEC-4904-F), respectively.

Thank you.

The USDA OIA FOIA Team

From: Jimmy Tobias

Hello,

The documents were not attached. Is there anyway you can resend them here or to jtoby87@gmail.com?

Thank you.

Jimmy Tobias

From: U.S. Department Of Agriculture, Office of the Secretary

Sir/Madame:

2018-DA-04352-F was closed on August 14, 2018. No records were found.

2020-OSEC-04904 was closed on August 28, 2020. The final response is attached.

Let us know if you have any additional questions.

The OIA FOIA Team

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