Henthorn Reviews
| Tracking # |
A-2022-00514 EOUSA-2021-002255 |
| Submitted | Feb. 21, 2021 |
| Due | April 2, 2021 |
| Est. Completion | None |
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Communications
From: William Fernandes
To Whom It May Concern:
Pursuant to the Freedom of Information Act, I hereby request the following records:
On the basis of public records and internal procedures of your offices, as highlighted below from DOJ OPR:
'Henthorn Reviews: As a result of a ruling by the U.S. Court of Appeals for the Ninth Circuit in United States v. Henthorn, since April 18, 1991, when requested by a defendant, DEA is required to search its personnel files for impeachment material. The DEA Office of Chief Counsel is responsible for responding to requests for impeachment material from the U.S. Attorneys' Offices. In order to comply with these requests, DEA/OPR searches its database to identify DEA personnel who have been the subjects of DEA/OPR investigations or reviews. During fiscal year 1995, DEA/OPR responded to requests for 815 Henthorn reviews. As a result of those reviews, DEA/OPR was required to produce 144 files for review by the Office of Chief Counsel, and 12 DEA Special Agents were removed from witness lists by federal prosecutors.'
I was seeking the release of any and all 'Henthorn Reviews' produced to the USAO California Central district for the years 2012-2021.
EFOIA Request for communications and please produce productions in .pdf format via email.
Vaughn index requested for any exempted materials.
Please redact all materials appropriately to protect the identities as needed pursuant to the Privacy Act.
Fee Waiver Request: Media
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,
William Fernandes
From: William Fernandes
Good day:
We have a tom.mrozek@usdoj.gov as a FOIA contact listed for this District. In the event that is incorrect and he received this request by mistake, I wanted to make sure it went through the proper EOUSA handling.
To Whom It May Concern:
Pursuant to the Freedom of Information Act, I hereby request the following records:
On the basis of public records and internal procedures of your offices, as highlighted below from DOJ OPR:
'Henthorn Reviews: As a result of a ruling by the U.S. Court of Appeals for the Ninth Circuit in United States v. Henthorn, since April 18, 1991, when requested by a defendant, DEA is required to search its personnel files for impeachment material. The DEA Office of Chief Counsel is responsible for responding to requests for impeachment material from the U.S. Attorneys' Offices. In order to comply with these requests, DEA/OPR searches its database to identify DEA personnel who have been the subjects of DEA/OPR investigations or reviews. During fiscal year 1995, DEA/OPR responded to requests for 815 Henthorn reviews. As a result of those reviews, DEA/OPR was required to produce 144 files for review by the Office of Chief Counsel, and 12 DEA Special Agents were removed from witness lists by federal prosecutors.'
I was seeking the release of any and all 'Henthorn Reviews' produced to the USAO California Central district for the years 2012-2021.
EFOIA Request for communications and please produce productions in .pdf format via email.
Vaughn index requested for any exempted materials.
Please redact all materials appropriately to protect the identities as needed pursuant to the Privacy Act.
Fee Waiver Request: Media
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,
William Fernandes
From: William Fernandes
Request was submitted 2/21, 3/10. No Reponse to date.
Good day:
We have a tom.mrozek@usdoj.gov as a FOIA contact listed for this District. In the event that is incorrect and he received this request by mistake, I wanted to make sure it went through the proper EOUSA handling.
To Whom It May Concern:
Pursuant to the Freedom of Information Act, I hereby request the following records:
On the basis of public records and internal procedures of your offices, as highlighted below from DOJ OPR:
'Henthorn Reviews: As a result of a ruling by the U.S. Court of Appeals for the Ninth Circuit in United States v. Henthorn, since April 18, 1991, when requested by a defendant, DEA is required to search its personnel files for impeachment material. The DEA Office of Chief Counsel is responsible for responding to requests for impeachment material from the U.S. Attorneys' Offices. In order to comply with these requests, DEA/OPR searches its database to identify DEA personnel who have been the subjects of DEA/OPR investigations or reviews. During fiscal year 1995, DEA/OPR responded to requests for 815 Henthorn reviews. As a result of those reviews, DEA/OPR was required to produce 144 files for review by the Office of Chief Counsel, and 12 DEA Special Agents were removed from witness lists by federal prosecutors.'
I was seeking the release of any and all 'Henthorn Reviews' produced to the USAO California Central district for the years 2012-2021.
EFOIA Request for communications and please produce productions in .pdf format via email.
Vaughn index requested for any exempted materials.
Please redact all materials appropriately to protect the identities as needed pursuant to the Privacy Act.
Fee Waiver Request: Media
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,
William Fernandes
From: William Fernandes
We have not received an acknowledgement of response from this initial request which was sent to USAEO.FOIA as well as ..
Request was submitted 2/21, 3/10. No Reponse to date.
Good day:
We have a tom.mrozek@usdoj.gov as a FOIA contact listed for this District. In the event that is incorrect and he received this request by mistake, I wanted to make sure it went through the proper EOUSA handling.
To Whom It May Concern:
Pursuant to the Freedom of Information Act, I hereby request the following records:
On the basis of public records and internal procedures of your offices, as highlighted below from DOJ OPR:
'Henthorn Reviews: As a result of a ruling by the U.S. Court of Appeals for the Ninth Circuit in United States v. Henthorn, since April 18, 1991, when requested by a defendant, DEA is required to search its personnel files for impeachment material. The DEA Office of Chief Counsel is responsible for responding to requests for impeachment material from the U.S. Attorneys' Offices. In order to comply with these requests, DEA/OPR searches its database to identify DEA personnel who have been the subjects of DEA/OPR investigations or reviews. During fiscal year 1995, DEA/OPR responded to requests for 815 Henthorn reviews. As a result of those reviews, DEA/OPR was required to produce 144 files for review by the Office of Chief Counsel, and 12 DEA Special Agents were removed from witness lists by federal prosecutors.'
I was seeking the release of any and all 'Henthorn Reviews' produced to the USAO California Central district for the years 2012-2021.
EFOIA Request for communications and please produce productions in .pdf format via email.
Vaughn index requested for any exempted materials.
Please redact all materials appropriately to protect the identities as needed pursuant to the Privacy Act.
Fee Waiver Request: Media
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,
William Fernandes
From: William Fernandes
TO: OIP Compliance:
No response from District directly or EOUSA FOIA
We have not received an acknowledgement of response from this initial request which was sent to USAEO.FOIA as well as ..
Request was submitted 2/21, 3/10. No Reponse to date.
Good day:
We have a tom.mrozek@usdoj.gov as a FOIA contact listed for this District. In the event that is incorrect and he received this request by mistake, I wanted to make sure it went through the proper EOUSA handling.
To Whom It May Concern:
Pursuant to the Freedom of Information Act, I hereby request the following records:
On the basis of public records and internal procedures of your offices, as highlighted below from DOJ OPR:
'Henthorn Reviews: As a result of a ruling by the U.S. Court of Appeals for the Ninth Circuit in United States v. Henthorn, since April 18, 1991, when requested by a defendant, DEA is required to search its personnel files for impeachment material. The DEA Office of Chief Counsel is responsible for responding to requests for impeachment material from the U.S. Attorneys' Offices. In order to comply with these requests, DEA/OPR searches its database to identify DEA personnel who have been the subjects of DEA/OPR investigations or reviews. During fiscal year 1995, DEA/OPR responded to requests for 815 Henthorn reviews. As a result of those reviews, DEA/OPR was required to produce 144 files for review by the Office of Chief Counsel, and 12 DEA Special Agents were removed from witness lists by federal prosecutors.'
I was seeking the release of any and all 'Henthorn Reviews' produced to the USAO California Central district for the years 2012-2021.
EFOIA Request for communications and please produce productions in .pdf format via email.
Vaughn index requested for any exempted materials.
Please redact all materials appropriately to protect the identities as needed pursuant to the Privacy Act.
Fee Waiver Request: Media
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,
William Fernandes
From: United States Attorneys Office For The Central District Of California
The Department of Justice Office of Information Policy has received your email inquiry. Please note that the principal purpose of this email inbox, OIP.ComplianceInquiry@usdoj.gov<mailto:OIP.ComplianceInquiry@usdoj.gov>, is for receiving inquiries from members of the public regarding agencies' compliance with the Freedom of Information Act (FOIA). Please be advised that this is not a valid place to submit a FOIA request or administrative appeal. If you are seeking a status update for a request, you should instead contact the office to which you submitted your request for information. FOIA.gov<http://www.foia.gov/> contains contact information for all agency FOIA offices. To request a status update from the Office of Information Policy, please contact our FOIA Requester Service Center at 202-514-3642.
From: United States Attorneys Office For The Central District Of California
We never received this request. How was it submitted? FOIA National Portal? Directly to the EOUSA FOIA email address? FOIA requests should not be submitted directly to a district but need to be submitted directly to EOUSA FOIA to be processed.
EOUSA FOIA
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~WRD0003
From: William Fernandes
Good evening:
To the best of my knowledge a copy was sent to USAEO.FOIA via email on 3/10/2020.
Attached is a courtesy copy. I will file an internal ticket for the Muckrock.com site to perform housekeeping to ensure any USAO offices FOIA is only directed to the USAEO.FOIA email address or via the appropriate portals. I appreciate your attention to this matter.
Best,
William
The text of the email should read as follows:
Good day:
We have a tom.mrozek@usdoj.gov as a FOIA contact listed for this District. In the event that is incorrect and he received this request by mistake, I wanted to make sure it went through the proper EOUSA handling.
To Whom It May Concern:
Pursuant to the Freedom of Information Act, I hereby request the following records:
On the basis of public records and internal procedures of your offices, as highlighted below from DOJ OPR:
'Henthorn Reviews: As a result of a ruling by the U.S. Court of Appeals for the Ninth Circuit in United States v. Henthorn, since April 18, 1991, when requested by a defendant, DEA is required to search its personnel files for impeachment material. The DEA Office of Chief Counsel is responsible for responding to requests for impeachment material from the U.S. Attorneys' Offices. In order to comply with these requests, DEA/OPR searches its database to identify DEA personnel who have been the subjects of DEA/OPR investigations or reviews. During fiscal year 1995, DEA/OPR responded to requests for 815 Henthorn reviews. As a result of those reviews, DEA/OPR was required to produce 144 files for review by the Office of Chief Counsel, and 12 DEA Special Agents were removed from witness lists by federal prosecutors.'
I was seeking the release of any and all 'Henthorn Reviews' produced to the USAO California Central district for the years 2012-2021.
EFOIA Request for communications and please produce productions in .pdf format via email.
Vaughn index requested for any exempted materials.
Please redact all materials appropriately to protect the identities as needed pursuant to the Privacy Act.
Fee Waiver Request: Media
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,
William Fernandes
From: William Fernandes
RE: USAO FOIA Request - Henthorn Reviews
Thank you for your prompt referral in relation to this FOIA. USAEO FOIA requests has reached out and got in touch on today's date.
Best,
William
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following Freedom of Information Act request, copied below, and originally submitted on . Please let me know when I can expect to receive a response.
Thanks for your help, and let me know if further clarification is needed.
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following Freedom of Information Act request, copied below, and originally submitted on . Please let me know when I can expect to receive a response.
Thanks for your help, and let me know if further clarification is needed.
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following Freedom of Information Act request, copied below, and originally submitted on Feb. 21, 2021. Please let me know when I can expect to receive a response.
Thanks for your help, and let me know if further clarification is needed.
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following Freedom of Information Act request, copied below, and originally submitted on Feb. 21, 2021. Please let me know when I can expect to receive a response.
Thanks for your help, and let me know if further clarification is needed.
From: William Fernandes
Since your last assistance, the agency still has not assigned a Foia number, sent an official acknowledgement nor has the agency advised a timeline for production.
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following Freedom of Information Act request, copied below, and originally submitted on Feb. 21, 2021. Please let me know when I can expect to receive a response.
Thanks for your help, and let me know if further clarification is needed.
From: William Fernandes
Send appeal via OIP Appeals Portal at doj intellitrack.https://doj-foia.entellitrak.com/etk-doj-foia-prod/login.request.do
Agency acknowledged receipt of the request and communications in relation to this request. Agency received communications from OIP about the request and the internal mishandling. As of the date of the appeal the agency has failed to assign a FOIA number for the request and the agency has failed to communicate with a timeframe for production. OIP Non-compliance.
Grounds for appeal.
5 U.S.C. 552, 552a.
Copy of initial request:
To Whom It May Concern:
Pursuant to the Freedom of Information Act, I hereby request the following records:
On the basis of public records and internal procedures of your offices, as highlighted below from DOJ OPR:
'Henthorn Reviews: As a result of a ruling by the U.S. Court of Appeals for the Ninth Circuit in United States v. Henthorn, since April 18, 1991, when requested by a defendant, DEA is required to search its personnel files for impeachment material. The DEA Office of Chief Counsel is responsible for responding to requests for impeachment material from the U.S. Attorneys' Offices. In order to comply with these requests, DEA/OPR searches its database to identify DEA personnel who have been the subjects of DEA/OPR investigations or reviews. During fiscal year 1995, DEA/OPR responded to requests for 815 Henthorn reviews. As a result of those reviews, DEA/OPR was required to produce 144 files for review by the Office of Chief Counsel, and 12 DEA Special Agents were removed from witness lists by federal prosecutors.'
I was seeking the release of any and all 'Henthorn Reviews' produced to the USAO California Central district for the years 2012-2021.
EFOIA Request for communications and please produce productions in .pdf format via email.
Vaughn index requested for any exempted materials.
Please redact all materials appropriately to protect the identities as needed pursuant to the Privacy Act.
Fee Waiver Request: Media
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,
William Fernandes
Request was submitted to: USAEO.FOIA.REQUESTS@usdoj.gov, tom.mrozek@usdoj.gov
From: United States Attorneys Office For The Central District Of California
Recommend you direct your request for estimated date of completion directly to the office to which you submitted your FOIA request.
OIP Compliance
From: William Fernandes
My apologies, the response to this appeal number# A-2022-00189 got referenced to the incorrect email. Could you resend it?
From: United States Attorneys Office For The Central District Of California
From: requests@muckrock.com <requests@muckrock.com>
Sent: Tuesday, December 7, 2021 5:24 AM
To: DOJ.OIP.FOIA (SMO) <DOJ.OIP.FOIA@usdoj.gov>
Subject: [EXTERNAL] RE: Freedom of Information Act Request: Henthorn Reviews
United States Attorneys Office For The Central District Of California
FOIA Office
Suite 1200
312 North Spring Street
Los Angeles, CA 90012
December 7, 2021
This is a follow up to a previous request:
My apologies, the response to this appeal number# A-2022-00189 got referenced to the incorrect email. Could you resend it?
View request history, upload responsive documents, and report problems here:
https://www.muckrock.com/
Filed via MuckRock.com
E-mail (Preferred): requests@muckrock.com<mailto:requests@muckrock.com>
For mailed responses, please address (see note):
MuckRock News
DEPT MR 108614
411A Highland Ave
Somerville, MA 02144-2516
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.
---
On Oct. 29, 2021:
Subject: RE: [EXTERNAL] RE: Freedom of Information Act Request: Henthorn Reviews
Recommend you direct your request for estimated date of completion directly to the office to which you submitted your FOIA request.
OIP Compliance
---
On Oct. 28, 2021:
Subject: RE: Freedom of Information Act Request: Henthorn Reviews
Send appeal via OIP Appeals Portal at doj intellitrack.https://doj-foia.entellitrak.com/etk-doj-foia-prod/login.request.do<https://protect2.fireeye.com/v1/url?k=b348dc0c-ecd3e540-b34ff8e9-0cc47adca7cc-c88e469558824212&q=1&e=d47ae3f3-b50a-4b00-a40b-ecdefcc9fdf4&u=https%3A%2F%2Fdoj-foia.entellitrak.com%2Fetk-doj-foia-prod%2Flogin.request.do>
Agency acknowledged receipt of the request and communications in relation to this request. Agency received communications from OIP about the request and the internal mishandling. As of the date of the appeal the agency has failed to assign a FOIA number for the request and the agency has failed to communicate with a timeframe for production. OIP Non-compliance.
Grounds for appeal.
5 U.S.C. 552, 552a.
Copy of initial request:
To Whom It May Concern:
Pursuant to the Freedom of Information Act, I hereby request the following records:
On the basis of public records and internal procedures of your offices, as highlighted below from DOJ OPR:
'Henthorn Reviews: As a result of a ruling by the U.S. Court of Appeals for the Ninth Circuit in United States v. Henthorn, since April 18, 1991, when requested by a defendant, DEA is required to search its personnel files for impeachment material. The DEA Office of Chief Counsel is responsible for responding to requests for impeachment material from the U.S. Attorneys' Offices. In order to comply with these requests, DEA/OPR searches its database to identify DEA personnel who have been the subjects of DEA/OPR investigations or reviews. During fiscal year 1995, DEA/OPR responded to requests for 815 Henthorn reviews. As a result of those reviews, DEA/OPR was required to produce 144 files for review by the Office of Chief Counsel, and 12 DEA Special Agents were removed from witness lists by federal prosecutors.'
I was seeking the release of any and all 'Henthorn Reviews' produced to the USAO California Central district for the years 2012-2021.
EFOIA Request for communications and please produce productions in .pdf format via email.
Vaughn index requested for any exempted materials.
Please redact all materials appropriately to protect the identities as needed pursuant to the Privacy Act.
Fee Waiver Request: Media
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,
William Fernandes
Request was submitted to: USAEO.FOIA.REQUESTS@usdoj.gov<mailto:USAEO.FOIA.REQUESTS@usdoj.gov>, tom.mrozek@usdoj.gov<mailto:tom.mrozek@usdoj.gov>
---
On Sept. 27, 2021:
Subject: RE: Freedom of Information Act Request: Henthorn Reviews
Since your last assistance, the agency still has not assigned a Foia number, sent an official acknowledgement nor has the agency advised a timeline for production.
---
On May 25, 2021:
Subject: RE: Freedom of Information Act Request: Henthorn Reviews
RE: USAO FOIA Request - Henthorn Reviews
Thank you for your prompt referral in relation to this FOIA. USAEO FOIA requests has reached out and got in touch on today's date.
Best,
William
---
On May 25, 2021:
Subject: RE: Freedom of Information Act Request: Henthorn Reviews
Good evening:
To the best of my knowledge a copy was sent to USAEO.FOIA via email on 3/10/2020.
Attached is a courtesy copy. I will file an internal ticket for the Muckrock.com site to perform housekeeping to ensure any USAO offices FOIA is only directed to the USAEO.FOIA email address or via the appropriate portals. I appreciate your attention to this matter.
Best,
William
The text of the email should read as follows:
Good day:
We have a tom.mrozek@usdoj.gov<mailto:tom.mrozek@usdoj.gov> as a FOIA contact listed for this District. In the event that is incorrect and he received this request by mistake, I wanted to make sure it went through the proper EOUSA handling.
To Whom It May Concern:
Pursuant to the Freedom of Information Act, I hereby request the following records:
On the basis of public records and internal procedures of your offices, as highlighted below from DOJ OPR:
'Henthorn Reviews: As a result of a ruling by the U.S. Court of Appeals for the Ninth Circuit in United States v. Henthorn, since April 18, 1991, when requested by a defendant, DEA is required to search its personnel files for impeachment material. The DEA Office of Chief Counsel is responsible for responding to requests for impeachment material from the U.S. Attorneys' Offices. In order to comply with these requests, DEA/OPR searches its database to identify DEA personnel who have been the subjects of DEA/OPR investigations or reviews. During fiscal year 1995, DEA/OPR responded to requests for 815 Henthorn reviews. As a result of those reviews, DEA/OPR was required to produce 144 files for review by the Office of Chief Counsel, and 12 DEA Special Agents were removed from witness lists by federal prosecutors.'
I was seeking the release of any and all 'Henthorn Reviews' produced to the USAO California Central district for the years 2012-2021.
EFOIA Request for communications and please produce productions in .pdf format via email.
Vaughn index requested for any exempted materials.
Please redact all materials appropriately to protect the identities as needed pursuant to the Privacy Act.
Fee Waiver Request: Media
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,
William Fernandes
---
On Feb. 21, 2021:
Subject:
To Whom It May Concern:
Pursuant to the Freedom of Information Act, I hereby request the following records:
On the basis of public records and internal procedures of your offices, as highlighted below from DOJ OPR:
'Henthorn Reviews: As a result of a ruling by the U.S. Court of Appeals for the Ninth Circuit in United States v. Henthorn, since April 18, 1991, when requested by a defendant, DEA is required to search its personnel files for impeachment material. The DEA Office of Chief Counsel is responsible for responding to requests for impeachment material from the U.S. Attorneys' Offices. In order to comply with these requests, DEA/OPR searches its database to identify DEA personnel who have been the subjects of DEA/OPR investigations or reviews. During fiscal year 1995, DEA/OPR responded to requests for 815 Henthorn reviews. As a result of those reviews, DEA/OPR was required to produce 144 files for review by the Office of Chief Counsel, and 12 DEA Special Agents were removed from witness lists by federal prosecutors.'
I was seeking the release of any and all 'Henthorn Reviews' produced to the USAO California Central district for the years 2012-2021.
EFOIA Request for communications and please produce productions in .pdf format via email.
Vaughn index requested for any exempted materials.
Please redact all materials appropriately to protect the identities as needed pursuant to the Privacy Act.
Fee Waiver Request: Media
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,
William Fernandes
View request history, upload responsive documents, and report problems here:
https://www.muckrock.com/
Filed via MuckRock.com
E-mail (Preferred): requests@muckrock.com<mailto:requests@muckrock.com>
For mailed responses, please address (see note):
MuckRock News
DEPT MR 108614
411A Highland Ave
Somerville, MA 02144-2516
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.
[Image removed by sender.]
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~WRD3737
From: William Fernandes
Thanks for working on this. This statement from Christine indicates an attachment is enclosed. I only got one page.
From: United States Attorneys Office For The Central District Of California
Mr. Fernandes,
Thank you for your email. You should have also received an enclosure of EOUSA’s 9/28/21 final response to your original FOIA request. It is attached to this email.
Sincerely,
OIP
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~WRD0000
From: William Fernandes
Request for review by DOJ Review Board for redactions and release.
Based on the response from the EOUSA FOIA the statement has what I would consider a fallacy or a gap.
These records originate in the DEA Office of Legal Counsel and are prepared and transmitted to the USAO.
And the entities have many opportunities to change and review or modify these records pursuant to handling including just the email/file transmission which changes the ownership in perpetuity. A sealed court record only exists based on something presented to the court. The file in the USAO custody even by being retyped to pleading paper or being BATES numbered as an exhibit in discovery actually changes the file and author etc.
Any agent subject to OPR or not fit for courtroom testimony etc.. would have a permanent record in the DEA Counsel offices as well as DEA OPR and likely OIG potentially the FBI.
The USAO can send the request via referral to the DEA as they tasked the files to them.
Too many grey areas for this material and I would like to see it released. Even if in redacted formats.
Best,
William
From: William Fernandes
Corrected copy
Request for review by DOJ Review Board for redactions and release.
Based on the response from the EOUSA FOIA the statement has what I would consider a fallacy or a gap.
These records originate in the DEA Office of Legal Counsel and are prepared and transmitted to the USAO.
And the entities have many opportunities to change and review or modify these records pursuant to handling including just the email/file transmission which changes the ownership in perpetuity. A sealed court record only exists based on something presented to the court. The file in the USAO custody even by being retyped to pleading paper or being BATES numbered as an exhibit in discovery actually changes the file and author etc.
Any agent subject to OPR or not fit for courtroom testimony etc.. would have a permanent record in the DEA Counsel offices as well as DEA OPR and likely OIG potentially the FBI.
The USAO can send the request via referral to the DEA as they tasked the files to them.
Too many grey areas for this material and I would like to see it released. Even if in redacted formats.
Best,
William
From: United States Attorneys Office For The Central District Of California
The Office of Information Policy has received your FOIA Appeal. Please see the attached acknowledgment letter.
From: William Fernandes
Just following up for a status.
From: United States Attorneys Office For The Central District Of California
Dear William Fernandes:
I am writing to provide you with a status update on the processing of your Freedom of Information Act administrative appeal A-2022-00514. Our Office can estimate that you will receive a response in approximately four weeks.
Sincerely,
Halie Vilagi
Halie Vilagi
Attorney-Advisor, Office of Information Policy
Halie.Vilagi@usdoj.gov<mailto:Halie.Vilagi@usdoj.gov>
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following Freedom of Information Act request, copied below, and originally submitted on Feb. 21, 2021. Please let me know when I can expect to receive a response. You had assigned it reference number #A-2022-00514.
Thanks for your help, and let me know if further clarification is needed.
From: United States Attorneys Office For The Central District Of California
The Office of Information Policy has made its final determination on your FOIA Appeal Number A-2022-00514 . A copy of this determination is enclosed for your review, along with any enclosures, if applicable. Thank you.
From: William Fernandes
FOIA Request for USAEO CA Central District
To Whom It May Concern:
Pursuant to the Freedom of Information Act, I hereby request the following records:
On the basis of public records and internal procedures of your offices, as highlighted below from DOJ OPR:
'Henthorn Reviews: As a result of a ruling by the U.S. Court of Appeals for the Ninth Circuit in United States v. Henthorn, since April 18, 1991, when requested by a defendant, DEA is required to search its personnel files for impeachment material. The DEA Office of Chief Counsel is responsible for responding to requests for impeachment material from the U.S. Attorneys' Offices. In order to comply with these requests, DEA/OPR searches its database to identify DEA personnel who have been the subjects of DEA/OPR investigations or reviews. During fiscal year 1995, DEA/OPR responded to requests for 815 Henthorn reviews. As a result of those reviews, DEA/OPR was required to produce 144 files for review by the Office of Chief Counsel, and 12 DEA Special Agents were removed from witness lists by federal prosecutors.'
I was seeking the release of any and all 'Henthorn Reviews' produced to the USAO California Central district for the year 2014.
You are welcomed to narrow the scope of your production to 200 pages.
EFOIA Request for communications and please produce productions in .pdf format via email.
Vaughn index requested for any exempted materials.
Please redact all materials appropriately to protect the identities as needed pursuant to the Privacy Act.
Fee Waiver Request: Media
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.
Please note this request is amended pursuant to your prior objections being reviewed by DOJ OIP as shown in attachment.
Sincerely,
William Fernandes
From: William Fernandes
Good morning:
I amended this request and reset to the MRUFOIA email as shown below. I wasn't sure if MRUFOIA has a Frog in its throat or if you were having a backlog of distributions.
Best,
William
To Whom It May Concern:
Pursuant to the Freedom of Information Act, I hereby request the following records:
On the basis of public records and internal procedures of your offices, as highlighted below from DOJ OPR:
'Henthorn Reviews: As a result of a ruling by the U.S. Court of Appeals for the Ninth Circuit in United States v. Henthorn, since April 18, 1991, when requested by a defendant, DEA is required to search its personnel files for impeachment material. The DEA Office of Chief Counsel is responsible for responding to requests for impeachment material from the U.S. Attorneys' Offices. In order to comply with these requests, DEA/OPR searches its database to identify DEA personnel who have been the subjects of DEA/OPR investigations or reviews. During fiscal year 1995, DEA/OPR responded to requests for 815 Henthorn reviews. As a result of those reviews, DEA/OPR was required to produce 144 files for review by the Office of Chief Counsel, and 12 DEA Special Agents were removed from witness lists by federal prosecutors.'
I was seeking the release of any and all 'Henthorn Reviews' produced to the USAO California Central district for the year 2014.
You are welcomed to narrow the scope of your production to 200 pages.
EFOIA Request for communications and please produce productions in .pdf format via email.
Vaughn index requested for any exempted materials.
Please redact all materials appropriately to protect the identities as needed pursuant to the Privacy Act.
Fee Waiver Request: Media
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.
Please note this request is amended pursuant to your prior objections being reviewed by DOJ OIP as shown in attachment.
Sincerely,
William Fernandes
From: United States Attorneys Office For The Central District Of California
Hello,
Thank you for your email. If you submitted your new request to mrufoia.requests@usdoj.gov<mailto:mrufoia.requests@usdoj.gov>, then the request will be forwarded to the proper DOJ FOIA Office for processing.
Sincerely,
OIP Compliance
-
~WRD0000
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following Freedom of Information Act request, copied below, and originally submitted on Feb. 21, 2021. Please let me know when I can expect to receive a response. You had assigned it reference number #A-2022-00514.
Thanks for your help, and let me know if further clarification is needed.
From: United States Attorneys Office For The Central District Of California
Mr. Fernandes,
OIP emailed you a final appeal response for A-2022-00514 on April 11, 2022. Nevertheless, we have attached a copy of the final appeal response to this email in the event you did not receive it. This closes your inquiry regarding A-2022-00514 within this office.
Regarding your new request, this email address (OIP.ComplianceInquiry@usdoj.gov<mailto:OIP.ComplianceInquiry@usdoj.gov>) is not the proper place to submit a FOIA request. If you wish to submit a FOIA request, please do so via the National FOIA Portal (FOIA.gov<http://www.foia.gov/>) or through other proper DOJ channels. Contact information for all DOJ FOIA Offices is located here: https://www.justice.gov/oip/find-foia-contact-doj/list.
If you submitted your new request to mrufoia.requests@usdoj.gov<mailto:mrufoia.requests@usdoj.gov>, then the request was likely already forwarded to the proper DOJ FOIA Office for processing, but if you have any questions regarding which office received the FOIA request, we recommend you email the MRU.
Sincerely,
OIP Compliance
-
~WRD0000
From: William Fernandes
To: DOJ OIP
Re: EOUSA FOIA #EOUSA-2021-002255
Subject: Henthorn Reviews
Request for Mandatory declassification review
As shown in reply from EOUSA the request was reviewed. I did previously appeal the withholdings as the records have multiple custodians and are subject to review by OIG, OPR, FBI, etc Those records will exist in perpetuity unsealed.
Best,
William
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