JIEDDO: Complex Attack, Karbala, Iraq, 20JAN07 (MDR)

David Scantling filed this request with the Department of Defense, Office of the Secretary of Defense of the United States of America.
Est. Completion None
Status
Withdrawn

Communications

From: David Scantling

To Whom It May Concern:

This is a request for a Mandatory Declassification Review ("MDR") per Section 3.5 of Executive Order ("E.O.") 13526, "Classified National Security Information," 75 FR 707 (January 5, 2010); and is submitted to the Joint Improvised Explosive Device Defeat Organization ("JIEDDO") of the United Stated Department of Defense ("DoD"). I hereby request the following agency records (including, but not limited to, electronic records):

1) All documents, reports, data-base records, electronic mail messages, imagery, data, and meta-data related to the January 20, 2007, complex attack on the Provincial Joint Coordination Center ("PJCC"), Karbala, Iraq, by members of Asa'ib Ahl al-Haq ("AAH") that resulted in the deaths of United States Army Captain ("CPT") Brian S. Freeman, First Lieutenant (1LT") Jacob N. Fritz, Specialist ("SPC") Jonathan B. Chism, Private First Class ("PFC") Shawn P. Falter, and Private ("PVT") PVT Jonathon M. Millican.

1.1) CPT Brian S. Freeman was assigned to the 412th Civil Affairs Battalion (Airborne), 360th Civil Affairs Brigade, XVIII Airborne Corps, Whitehall, Ohio.

1.2) 1LT Jacob N. Fritz was assigned to the 2nd Battalion, 377th Parachute Field Artillery Regiment, 4th Brigade Combat Team, 25th Infantry Division, Fort Richardson, Alaska.

1.3) SPC Jonathan B. Chism was assigned to the 2nd Battalion, 377th Parachute Field Artillery Regiment, 4th Brigade Combat Team, 25th Infantry Division, Fort Richardson, Alaska.

1.4) PFC Shawn P. Falter was assigned to the 2nd Battalion, 377th Parachute Field Artillery Regiment, 4th Brigade Combat Team, 25th Infantry Division, Fort Richardson, Alaska.

1.5) PVT Jonathon M. Millican was assigned to the 2nd Battalion, 377th Parachute Field Artillery Regiment, 4th Brigade Combat Team, 25th Infantry Division, Fort Richardson, Alaska.

2) All documents, reports, data-base records, electronic mail messages, imagery, data, and meta-data related to the Improvised Explosive Device ("IED") and Explosively Formed Penetrator ("EFP") activities of the following individuals and entities:

2.1) Individuals

2.1.1) Qais al-Khazali
2.1.2) Laith al-Khazali
2.1.3) Azhar al-Dulaymi
2.1.4) Ali Musa Daqduq

2.2) Entities

2.2.1) Asa'ib Ahl al-Haq ("AAH")
2.2.2) Sheibani Network ("SN")
2.2.3) Iranian Revolutionary Guards Corps ("IRGC")
2.2.4) Iranian Quds Force ("IRGC-QF")
2.2.5) Hezbollah

2.3) The United States Government has alleged these individuals and entities were involved with the January 20, 2007, attack.

2.3.1) For example, during a April 26, 2007, press briefing, then Multi National Force-Iraq ("MNF-I") Commander, General ("GEN") David H. Petraeus, stated:

"The Iranian involvement has really become much clearer to us and brought into much more focus during the interrogation of the members -- the heads of the Qazali network and some of the key members of that network that have been in detention now for a month or more. This is the head of the secret cell network, the extremist secret cells. They were provided substantial funding, training on Iranian soil, advanced explosive munitions and technologies as well as run of the mill arms and ammunition, in some cases advice and in some cases even a degree of direction. When we captured these individuals -- the initial capture, and then there have been a number of others since then -- we discovered, for example, a 22-page memorandum on a computer that detailed the planning, preparation, approval process and conduct of the operation that resulted in five of our soldiers being killed in Karbala. It also detailed -- there are numerous documents which detailed a number of different attacks on coalition forces, and our sense is that these records were kept so that they could be handed in to whoever it is that is financing them. And there's no question, again, that Iranian financing is taking place through the Quds force of the Iranian Republican Guards Corps. As you know, there are seven Quds Force members in detention as well. This involvement, again, we learned more about with the detention of an individual named Sheibani, who is one of the heads of the Sheibani network, which brings explosively formed projectiles into Iraq from Iran. His brother is the Iranian connection. He is -- was in Iraq. And that has been the conduit that then distributes these among the extremist elements again of these secret cells and so forth."

2.3.2) A transcript of GEN Petraeus's April 26, 2007, press briefing is available on the DoD web-site at: http://www.defense.gov/transcripts/transcript.aspx?transcriptid=3951

I also request that, if appropriate, fees be waived as I believe this request is in the public interest. The requested documents will be made available to the general public free of charge as part of the public information service at MuckRock.com, processed by a representative of the news media/press and is made in the process of news gathering and not for commercial usage.

In the event that fees cannot be waived, 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.

Sincerely,

David Scantling

From: Porter, Sean M CTR (US)

Dear Mr. Scantling,

This is in response to your Mandatory Declassification Review (MDR) DEPT MR 15581 FOIA request, dated January 12, 2015, which was sent to the Office of the Secretary of Defense and Joint Staff (OSD/JS) Freedom of Information Act (FOIA) office.

Please be aware that this office only processes FOIA requests for the Office of the Secretary of Defense (OSD) and the Joint Chiefs of Staff (JS) and is not part of the MDR program. There is not a central FOIA processing point for the entire Department of Defense (DoD) records management, but is, instead, delegated to those officials of the military services and various DoD components that generate and/or maintain the records being sought.

Please also note that for MDR purposes, the Joint Improvised Explosive Device Defeat Organization (JIEDDO) is under the purview of the Army. The Army, who operates its own MDR program, would have cognizance over the information you have requested. If you have not already done so, you should submit your request directly to the Army Declassification Activity at the following address:

Army Declassification Activity
7701 Telegraph Road
Room 201, Casey Building
Alexandria, VA 22315-3860

This action closes your request with this office. There are no assessable fees associated with this response in this instance.

v/r

Sean Porter, FOIA Specialist
for Aaron Graves on behalf of
Paul Jacobsmeyer, Chief,
Freedom of Information Act Division
OSD/JS FOIA Office

From: Marye, Charles

Dear David Scantling: This is an interim response to your Freedom of Information Act (FOIA) request dated January 12, 2015, which was received in this office on January 14, 2015.  Your request has been assigned case number 15-F-0601 and we ask that you use that number when referring to your request.
With regard to your request for a waiver of any applicable fees, a fee waiver is appropriate when "disclosure of the requested information is in the public interest because it is likely to contribute significantly to public understanding of the operations and activities of the government and is not primarily in the commercial interest of the requester." 5 U.S.C. § 552(a)(4)(iii) In making a determination, six factors are considered as to whether your request satisfies this statutory standard: (1) whether the subject of the requested records concerns the operations or activities of the government; (2) whether the disclosure is likely to contribute to an understanding of government operations or activities; (3) whether disclosure of the requested information will contribute to the understanding of the general public; (4) whether the disclosure is likely to contribute significantly to public understanding of government operations and activities; (5) whether the requester has a commercial interest that would be furthered by the requested disclosure; and, (6) whether any such commercial interest outweighs the public interest in disclosure.
While the requested information does concern the operations and activities of the government and does not appear to be intended for a commercial interest, it is not clear how the responsive documents - should they exist - would significantly contribute to the public understanding of the operations and activities of the government. After carefully reviewing your request I am denying your fee waiver request because the information stated does not support how the documents will significantly contribute to the public's increased understanding of the operations and activities of government.  Please be aware that we reserve the right to grant a fee waiver should a search find documents that meet the criterion of a public interest fee waiver as described in the previous paragraph.
I have determined that you should be placed in the "other" category for fee purposes as you have indicated that you do not seek access to these records for commercial purposes. The "other" fee category affords you two hours of search time and 100 pages of duplication free of charge. As you did not provide any willingness to pay, search will be halted after your two free hours have been expended. If you wish to add a willingness to pay, please contact the action officer assigned to your request at your earliest convenience.
We will be unable to respond to your request within the FOIA’s 20 day statutory time period as there are unusual circumstances which impact on our ability to quickly process your request.  These unusual circumstances are:  (a) the need to search for and collect records from a facility geographically separated from this Office; (b) the potential volume of records responsive to your request; and (c) the need for consultation with one or more other agencies or DoD components having a substantial interest in either the determination or the subject matter of the records.  For these reasons, your request has been placed in our complex processing queue and will be worked in the order the request was received.  Our current administrative workload is 1554 open requests.
If you would like to discuss how to limit your request in order to speed the processing time, we would be pleased to discuss how you might modify your request.  The action officer assigned to your request is Charles Marye at (571) 372-0407. The toll free number for this Office is 866-574-4970. You may not be aware that we maintain a website and electronic reading room at: http://www.dod.mil/pubs/foi/ If you are not satisfied with this action, you may petition the Appellate Authority, the Director of Administration,  Office of the Secretary of Defense, by writing directly to the OSD/Joint Staff Freedom of Information, ATTN: Appeals Office, 1155 Defense Pentagon, Washington, D.C. 20301-1155;  you may also submit your appeal electronically at the following link: .  Your appeal should be postmarked within 60 calendar days of the date of this mail, should cite case number 15-F-0601, and should be clearly marked "Freedom of Information Act Appeal." (http://pal.whs.mil/palMain.aspx) http://pal.whs.mil/palMain.aspx
Thank you,
Charles Marye Office of Freedom of Information
Department of Defense
1155 Defense Pentagon
Washington, DC 20301-1155
FAX: (571) 372-0500

From: David Scantling

Dear Mr. Marye,

Please withdraw case number 15-F-0601 with the OSD/Joint Staff FOI office. Based on the attached the attached response I received on 15JAN15 from Mr. Porter, I have re-submitted this MDR request to the Department of the Army.

Regards,

David Scantling

---------

Dear Mr. Scantling,

This is in response to your Mandatory Declassification Review (MDR) DEPT MR 15581 FOIA request, dated January 12, 2015, which was sent to the Office of the Secretary of Defense and Joint Staff (OSD/JS) Freedom of Information Act (FOIA) office.

Please be aware that this office only processes FOIA requests for the Office of the Secretary of Defense (OSD) and the Joint Chiefs of Staff (JS) and is not part of the MDR program. There is not a central FOIA processing point for the entire Department of Defense (DoD) records management, but is, instead, delegated to those officials of the military services and various DoD components that generate and/or maintain the records being sought.

Please also note that for MDR purposes, the Joint Improvised Explosive Device Defeat Organization (JIEDDO) is under the purview of the Army. The Army, who operates its own MDR program, would have cognizance over the information you have requested. If you have not already done so, you should submit your request directly to the Army Declassification Activity at the following address:

Army Declassification Activity
7701 Telegraph Road
Room 201, Casey Building
Alexandria, VA 22315-3860

This action closes your request with this office. There are no assessable fees associated with this response in this instance.

v/r

Sean Porter, FOIA Specialist
for Aaron Graves on behalf of
Paul Jacobsmeyer, Chief,
Freedom of Information Act Division
OSD/JS FOIA Office

From: Marye, Charles C CIV WHS ESD (US)

Thank you sir.

Charles Marye
OSD/JS Office of Freedom of Information
(571) 372-0407

NIPR: charles.c.marye.civ@mail.mil
SIPR: charles.c.marye.civ@mail.smil.mil

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