Hans Kammler 1969 and 1987 DOJ Records (Department of Justice, National Security Division)

Paul Goodfellow filed this request with the Department of Justice, National Security Division of the United States of America.
Tracking #

22-358

Multi Request Hans Kammler 1969 and 1987 DOJ Records
Status
Rejected

Communications

From: Paul Goodfellow

To Whom It May Concern:

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

I am requesting all documentation associated with SS Obergruppenfuhrer Hans Kammler (1901-?), his interrogation by Department of Justice (DOJ) personnel after May 1945, and all papers involving his internment and cooperation with the DOJ, the War Department, the Allied Technical Intelligence Service (ATIS) and the Central Intelligence Agency after 1947 as monitored and overseen by DOJ. Multiple researchers, including Dean Reuter at the Antonin Scalia Law School at George Mason University, have received documentation from DOJ referencing two 100-page memos filed in 1969 and 1987 regarding Obergruppenfuhrer Kammler's time in the United States after his surrender to American armed forces.

In addition to my aforementioned request for all documentation regarding Kammler, I am also requesting a full declassification review of these two internal memos for the purposes of academic study and analysis of American postwar prosecutorial decision-making conducted by the DOJ and the Pentagon during the Nuremberg and Tokyo War Crimes Tribunals. If these documents cannot be released in part, or in full, I am requesting an explanation in writing for the documentary withholding and references to all legal statutes used to justify the decision to withhold these papers under the 1966 Freedom of Information Act.

Please note that under Title VII, Section 701(f) of the 1947 National Security Act, if these documents are withheld without proper cause, grounds exist for judicial challenge to their withholding pursuant to Section 552(a)(4)(B) of Title 5 of US Code. Should the agency seek exemption under sub-section 1 of Section 701(f), namely that release of these documents would harm or impugn ongoing national security activities, written affidavits must be provided showing that these files relate to operational files of the national clandestine services documenting conduct of security liaison agreements or informational exchange. Due to the nature of the conflict in question (Declared war between the United States and Nazi Germany declared December 11, 1941 and terminating May 9, 1945 upon receipt of the German surrender from Admiral Canaris), such request for exemption would need to show cause for intelligence or security cooperation with an enemy combatant state. Further clarification will be requested should the DOJ or other associated agencies claim a lack of documentary records showing these postwar reports exist.

Please contact me should further clarification be required.

Thank you for your time.

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,

Paul Goodfellow

From: Department of Justice, National Security Division

Paul Goodfellow September 30, 2022
263 Huntington Avenue
Muckrock News Dept Mr 133439
Boston, MA 02115-4506
requests@muckrock.com
Re: FOIA/PA #22-358

Dear Mr. Goodfellow:

This is to acknowledge your letter dated September 14, 2022, for information pertaining to all documentation associated with SS Obergruppenfuhrer Hans Kammler. Our FOIA office received your Freedom of Information Act request on September 14, 2022.

We are unable to process your request as submitted. The information you have requested is not handled by the National Security Division, therefor your file is closed administratively.

If you are not satisfied with the National Security Division's determination in response to this request, you may administratively appeal by writing to the Director, Office of Information Policy (OIP), United States Department of Justice, 441 G Street, NW, 6th Floor, Washington, D.C. 20530, or you may submit an appeal through OIP's FOIA STAR portal by creating an account on the following website: https://foiastar.doj.gov. Your appeal must be postmarked or electronically transmitted within 90 days of the date of my response to your request. If you submit your appeal by mail, both the letter and the envelope should be clearly marked "Freedom of Information Act Appeal.

Additionally, you may contact the Office of Government Information Services (OGIS) at the National Archives and Records Administration to inquire about the FOIA mediation services they offer. The contact information for OGIS is as follows: Office of Government Information Services, National Archives and Records Administration, 8601 Adelphi Road-OGIS, College Park, Maryland 20740-6001, e-mail at ogis@nara.gov; telephone at 202-741-5770; toll free at 1-877-684-6448; or facsimile at 202-741-5769.

Sincerely,
Arnetta Mallory
Government Information Specialist

Files

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