Jimmy Carter GHW Bush 1976 / WH side

Matthew Phelan filed this request with the Jimmy Carter Presidential Library of the United States of America.
Tracking #

FOIA-LP-JC-2022-002

Est. Completion Dec. 6, 2021
Status
No Responsive Documents
Tags

Communications

From: Matthew Phelan

To Whom It May Concern:

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

Memoranda, reports, correspondence, and all other records (written documents, photographs, and/or audio/visual materials) related to then-president elect Jimmy Carter's meetings with then-director of the Central Intelligence Agency, George H.W. Bush. This includes material from the Friday November 19, 1976 meeting, but also material related to prior meetings and correspondence following Carter's election victory in November 1976.

This request also seeks any memoranda, reports, correspondence, and all other records (written documents, photographs, and/or audio/visual materials) produced or received by Jimmy Carter and/or members of his staff mentioning the staff member of the Congressional Research Service (CRS) Marcia S. Smith; and/or outside lawyers with the U.S. Jesuit National Headquarters -- National Office of Social Ministry in Washington, D.C. This material should include two reports to the Carter White House produced by the Congressional Research Service of the official United States Congressional Library, through the House of Representatives Science and Technology Committee, related to the subjects of anomalous aerial phenomena, unidentified flying objects, and extraterrestrial life.

If some records may be released immediately while others require a review, I respectfully request a two-tiered release. I am making this request as a member of the news media, and request classification as such, including a fee waiver. I have previously written for Gizmodo, Slate, The New Republic, the New York Review of Books, Inverse.com, Scienceline.org, Gawker, Chemical Engineering magazine, and elsewhere. The documents I seek concerns U.S. government operations and activities. Their disclosure is likely to contribute to understanding of these operations or activities.

Please note that, pursuant to Executive Order 13526 (https://www.archives.gov/isoo/policy-documents/cnsi-eo.html) signed by President Barack Obama in December 2009, and still in effect, classified documents 25 years or older that "have been determined to have permanent historical value under title 44, United States Code, shall be automatically declassified whether or not the records have been reviewed."

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,

Matthew Phelan

From: Jimmy Carter Presidential Library

Please find the Jimmy Carter Library's FOIA response below. Our attempt to
upload via https://www.muckrock.com/respond/1188933 was unsuccessful.

----

November 4, 2021

Matthew Phelan

c/o MuckRock News

DEPT MR 118764

411A Highland Ave

Somerville, MA 02144-2516

Dear Matthew:

This letter is in response to your Freedom of Information Act (FOIA)
request dated September 3, 2021 (re-sent November 3, 2021) for access to
material from the Jimmy Carter Library pertaining to “then-president elect
Jimmy Carter’s meetings with then-director of the Central Intelligence
Agency, George H.W. Bush, including material from the Friday, November 19,
1976 meeting, but also material related to prior meetings and
correspondence following Carter’s election victory in November 1976.” Your
November 3, 2021 request was received by the Library on November 4, 2021.
Apologies as the September 3, 2021 request was not received.

The records you have requested are donated historical material and are not
subject to request under the provisions of FOIA. According to 5 U.S.C.
§552(f), the Freedom of Information Act does not apply to donated
historical material or the records of local or state governments.

While this material is not subject to request under FOIA, we have conducted
a search of the finding aids of our donated historical material; however,
we have not located material responsive to your request. For reference:

- National Archives Catalog: <goog_592100741>
https://catalog.archives.gov/ (Results can be filtered by location)
- Jimmy Carter Library’s Finding Aids:
https://www.jimmycarterlibrary.gov/research/collections

A recommended external tool to consult is the CIA FOIA Reading Room:
www.cia.gov/readingroom/

Because the records you requested are not subject to FOIA, we are denying
your request on procedural grounds. At this time, you may appeal by writing
to the Deputy Archivist of the United States, (ATTN: FOIA Appeal Staff),
Room 4200, National Archives and Records Administration, 8601 Adelphi Road,
College Park, Maryland 20740-6001. You should explain why you believe this
response does not meet the requirements of the FOIA. Both the letter and
the envelope should be clearly marked “FOIA Appeal.” To be considered
timely, your appeal must be postmarked or electronically submitted within
90 calendar days from the date of this letter.

If you would like to discuss our response before filing an appeal to
attempt to resolve your dispute without going through the appeals process,
you may contact our FOIA Public Liaison John Laster for assistance at:
Presidential Materials Division, National Archives and Records
Administration, 700 Pennsylvania Avenue, NW, Room G-7, Washington, DC
20408-0001; email at libraries.foia.liaison@nara.gov; telephone at
202-357-5200; or facsimile at 202-357-5941.

If you are unable to resolve your FOIA dispute through our FOIA Public
Liaison, the Office of Government Information Services (OGIS), the Federal
FOIA Ombudsman’s office, offers mediation services to help resolve disputes
between FOIA requesters and Federal agencies. The contact information for
OGIS is: Office of Government Information Services, National Archives and
Records Administration, 8601 Adelphi Road – OGIS, College Park, MD
20740-6001; email at ogis@nara.gov; telephone at 202-741-5770; toll free at
1-877-684-6448; or facsimile at 202-741-5769.

We will take no further action regarding this request unless we hear from
you. If you have any questions, please contact our staff at 404-865-7166
or Carter.Library@nara.gov

Your case log number is FOIA-LP-JC-2022-002.

Sincerely,

Brittany Parris

Supervisory Archivist

Jimmy Carter Library

From: Matthew Phelan

Thanks, Brittany. I've left you a voicemail today (Friday, 11/05/2021) hoping to get some clarification on what my next steps should be.

I hope we can sort something out.

Best, Sincerely,
Matthew

From: Jimmy Carter Presidential Library

The Library's response to this request was previously submitted on November 4, 2021 and is part of the current thread.

From: Matthew Phelan

Hi,

Thanks so much for your help with this request! I really appreciate it.

Sincerely,
Matthew Phelan

From: Jimmy Carter Presidential Library

No problem, Matthew. Pleasure working with you and hope all goes well.
Please let us know if you have any additional questions.

Files

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