HHS CNN appearances

Freddy Martinez filed this request with the Centers for Disease Control and Prevention of the United States of America.
Tracking #

20-01322

Est. Completion None
Status
Fix Required
Tags

Communications

From: Freddy Martinez

To Whom It May Concern:

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

For the dates between March 27th and April 10th, I seek records related to Dr. Robert Redfield and Dr. Anthony Fauci's appearances on CNN.

I seek any records related to scheduling and or cancellations, including any communications in with other offices that are in possession of the CDC.

Expedited Processing
Pursant to 5 U.S.C. §552 (a)(6) (E) we request expedited processing as we have a compelling need for information. These records relate to a the government’s response a global pandemic. Therefore we have reasonable belief that “failure to obtain requested records on an expedited basis under this paragraph could reasonably be expected to pose an imminent threat to the life of an individual.”

Additional Instructions
The requests that all fees incurred in connection with the attached request to your agency be waived, because “disclosure of the information is in the public interest and is not primarily in the commercial interest of the requester.” 5 U.S.C. §552 (a)(4)(A)(iii). See below for further justification for our fee waiver request. Open The Government is a government accountability non-profit whose work contribute to the public understanding of the function of the Federal government.

If any of the material covered by this request has been destroyed or removed, please provide all surrounding documentation including, but not limited to, a description of the action taken regarding the materials and justification for those actions taken. For any documents or portions you deny due to a specific FOIA exemption, please provide a Vaughn Index (Vaughn v. Rosen, 484 F.2d 820, 827 (D.C. Cir. 1973), cert. denied, 415 U.S. 977 (1974)), including a detailed justification of your grounds for claiming such exemption and explanation of why the exemption is relevant to the document or portion of the document withheld.

To the extent that some documents may be exempt under 5 U.S.C. §552 (b), we request that you release you segregate non-responsive documents and release the rest.

Please be reminded that under the Freedom of Information Act, we are entitled to a response to this request within ten business days under (a)(6) (E). Should this request be denied for any reason, we ask that a detailed explanation be provided along with the name of the person to whom administrative appeals should be addressed. If you have any questions regarding this request we would appreciate you contacting us directly by email. You may reach me at fmartinez@openthegovernment.org

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,

Freddy Martinez

From: Centers for Disease Control and Prevention

April 24, 2020

Request Number: 20-01322-FOIA

Dear Martinez: This is regarding your Freedom of Information Act (FOIA) request of April 22, 2020, for Pursuant to the Freedom of Information Act, I hereby request the following records:For the dates between March 27th and April 10th, I seek records related to Dr. Robert Redfield and Dr. Anthony Fauci's appearances on CNN.I seek any records related to scheduling and or cancellations, including any communications in with other offices that are in possession of the CDC.[COVID-19](Date Range for Record Search: From 3/27/2020 To 4/10/2020).

Please see the attached letter.

Sincerely,
CDC/ATSDR FOIA Office
770-488-6399

From: Freddy Martinez

Hi CDC,

We wanted to clarify the persons and records that we want your department to search.

First, Dr. Robert Redfield and Dr. Anthony Fauci presumably do not manage their own calendars or communications for appearances on television. So I would say they likely have a communication teams and/or scheduler that manages that. I ask that you search their communications teams, likely the Office Of Communication under Heather Bair-Brake or the Director of Communications staff (under Michelle Bonds) for records.

Second, I am looking for records related to any attempted scheduling of appearances on CNN by their communication teams. I am also looking for records of any cancellations as well. I would recommend searching for emails with the following keywords: "CNN", "booked", "appearance", "rescheduled", "cancelled", or "on hold".

Again, we believe that should be enough to properly narrow the scope of the request.

Best,
Freddy Martinez

From: Centers for Disease Control and Prevention

July 9, 2020

Request Number: 20-01322-FOIA

Dear Martinez: This is regarding your Freedom of Information Act (FOIA) request of April 22, 2020, for Pursuant to the Freedom of Information Act, I hereby request the following records:For the dates between March 27th and April 10th, I seek records related to Dr. Robert Redfield and Dr. Anthony Fauci's appearances on CNN.I seek any records related to scheduling and or cancellations, including any communications in with other offices that are in possession of the CDC.[COVID-19](Date Range for Record Search: From 3/27/2020 To 4/10/2020).

Please see the attached letter.

Sincerely,
CDC/ATSDR FOIA Office
770-488-6399

From: Centers for Disease Control and Prevention

January 15, 2021

Request Number: 20-01322-FOIA

Dear Martinez: This is regarding your Freedom of Information Act (FOIA) request of April 22, 2020, for Pursuant to the Freedom of Information Act, I hereby request the following records:For the dates between March 27th and April 10th, I seek records related to Dr. Robert Redfield and Dr. Anthony Fauci's appearances on CNN.I seek any records related to scheduling and or cancellations, including any communications in with other offices that are in possession of the CDC.[COVID-19](Date Range for Record Search: From 3/27/2020 To 4/10/2020).

Please see the attached letter.

Sincerely,
CDC/ATSDR FOIA Office
770-488-6399

From: Freddy Martinez

This is an appeal under 5 USC 552. I am challenging the adequacy of the search as we were primarily concerned with the records of Dr Fauci. It was widely reported that the CDC leadership prevented his appearance on CNN and yet none of the records returned to us mention Dr Fauci.

From: Centers for Disease Control and Prevention

Dear Freddy Martinez, Please see the attached acknowledgement letter for information concerning your FOIA matter. The tracking number for your appeal is 2021-00111-A-PHS. For status updates or other inquiries, please contact our office via email at or call (202) 260-6933. FOIARequest@psc.hhs.gov Sincerely, Jonathan N. Nelson, Senior Analyst U.S. Department of Health & Human Services Office of the Assistant Secretary of Public Affairs Freedom of Information and Privacy Act Division Suite 729H, Hubert H. Humphrey Bldg. 200 Independence Ave SW Washington, DC 20201

From: Centers for Disease Control and Prevention

Dear Freddy Martinez,

Your request has been received by the Centers for Disease Control and Prevention / Agency for Toxic Substances and Disease Registry. The request has been assigned tracking # '21-00049-APP', please log into your account and review your submission.

The application address is https://foia.cdc.gov/.

Thank you,
Centers for Disease Control and Prevention / Agency for Toxic Substances and Disease Registry

From: Centers for Disease Control and Prevention

Dear Mr. Martinez:

Please contact FOIARequest@psc.hhs.gov<mailto:FOIARequest@psc.hhs.gov> or the HHS FOIA Public Liaison (OS/ASPA) at HHS_FOIA_Public_Liaison@hhs.gov<mailto:HHS_FOIA_Public_Liaison@hhs.gov> for status updates or other inquiries related to your appeal.

Thank you.

Respectfully,

Irma S. Diaz, DrPH.
Government Information Specialist
CDC/ATSDR Freedom of Information Act Office
Direct 770-488-6310
Main: 770-488-6399
Email: irma.diaz@cdc.hhs.gov
Telework: Tuesdays, Wednesdays & Fridays

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