John Negroponte Testimony, 02FEB06: Senate Intelligence Committee

David Scantling filed this request with the Office of the Director of National Intelligence of the United States of America.
Tracking #

DEOM-2015-00009
Submitted Jan. 6, 2015
Status
Completed
Tags

Communications

From: David Scantling

Subject: None

Email

To Whom It May Concern:

This is a request for a Mandatory Declassification Review ("MDR") under Executive Order 13526. I hereby request the following records:

1) All electronic mail (e-mail) messages, including any document attachments (i.e., Word, Excel, PowerPoint, PDF, etc.), sent between the Office of the Director of National Intelligence ("ODNI") and the Central Intelligence Agency ("CIA") in preparation for then Director of National Intelligence John Negroponte's ("Negroponte") testimony before the Senate Select Committee on Intelligence on February 2, 2006. A copy of Negroponte's testimony is available on the ODNI web-site at: http://www.dni.gov/files/documents/Newsroom/Testimonies/20060202_testimony.pdf

2) All e-mail messages, including any document attachments (i.e., Word, Excel, PowerPoint, PDF, etc.), sent between ODNI and the National Security Agency ("NSA") via the NSA Network ("NSANET"), and/or other secure networks, in preparation for Negroponte's testimony on February 2, 2006.

3) All e-mail messages, including any document attachments (i.e., Word, Excel, PowerPoint, PDF, etc.), sent between ODNI and the Defense Intelligence Agency ("DIA") via the Joint Worldwide Intelligence Communications System ("JWICS"), and/or other secure networks, in preparation for Negroponte's testimony on February 2, 2006.

4) All e-mail messages, including any document attachments (i.e., Word, Excel, PowerPoint, PDF, etc.), sent between ODNI and the Office of the Secretary of Defense ("OSD") via JWICS, the Secure Internet Protocol Router Network ("SIPRNET"), and/or other secure networks, in preparation for Negroponte's testimony on February 2, 2006.

5) All e-mail messages, including any document attachments (i.e., Word, Excel, PowerPoint, PDF, etc.), sent between ODNI and the Joint Chiefs of Staff ("JCS") via JWICS, SIPRNET, and/or other secure networks, in preparation for Negroponte's testimony on February 2, 2006.

6) All e-mail messages, including any document attachments (i.e., Word, Excel, PowerPoint, PDF, etc.), sent between ODNI and the Federal Bureau of Investigation ("FBI") in preparation for Negroponte's testimony on February 2, 2006.

7) All e-mail messages, including any document attachments (i.e., Word, Excel, PowerPoint, PDF, etc.), sent between ODNI and the National Geospatial-Intelligence Agency ("NGA") via JWICS, SIPRNET, and/or other secure networks, in preparation for Negroponte's testimony on February 2, 2006.

8) All e-mail messages, including any document attachments (i.e., Word, Excel, PowerPoint, PDF, etc.), sent between ODNI and the United States Central Command ("USCENTCOM") via JWICS, SIPRNET, and/or other secure networks, in preparation for Negroponte's testimony on February 2, 2006.

9) All e-mail messages, including any document attachments (i.e., Word, Excel, PowerPoint, PDF, etc.), sent between ODNI and the National Reconnaissance Office ("NRO") via the NRO Management Information System ("NMIS"), JWICS, SIPRNET, and/or other secure networks, in preparation for Negroponte's testimony on February 2, 2006.

10) All e-mail messages, including any document attachments (i.e., Word, Excel, PowerPoint, PDF, etc.), sent between ODNI and the United States European Command ("USEUCOM") via JWICS, SIPRNET, and/or other secure networks, in preparation for Negroponte's testimony on February 2, 2006.

11) All e-mail messages, including any document attachments (i.e., Word, Excel, PowerPoint, PDF, etc.), sent between ODNI and the United States Department of the Treasury ("Treasury") in preparation for Negroponte's testimony on February 2, 2006.

12) All e-mail messages, including any document attachments (i.e., Word, Excel, PowerPoint, PDF, etc.), sent between ODNI and the United States Department of State ("DoS") in preparation for Negroponte's testimony on February 2, 2006.

13) All e-mail messages, including any document attachments (i.e., Word, Excel, PowerPoint, PDF, etc.), sent between ODNI and the United States Department of Energy ("DoE") in preparation for Negroponte's testimony on February 2, 2006.

14) The reports, and supporting documentation, from ODNI and the United States Intelligence Community ("IC") regarding Iran's supply of weapons, training and financing to Shia Militias in Iraq, as mentioned in Negroponte's testimony on February 2, 2006 (i.e., "Accordingly, Iran provides guidance and training to select Iraqi Shia political groups and weapons and training to Shia militant groups to enable anti-Coalition attacks. Tehran has been responsible for at least some of the increasing lethality of anti-Coalition attacks by providing Shia militants with the capability to build IEDs with explosively formed projectiles similar to those developed by Iran and Lebanese Hizballah.").

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, as the statute requires.

Sincerely,

David Scantling

From: DNI-FOIA

Subject: None

Email

Good afternoon,

This request does not qualify as an MDR.

Sincerely,
DNI-FOIA

From: David Scantling

Subject: None

Email

Dear DNI-FOIA :

Please provide the basis for your determination that my request does not qualify as an MDR pursuant to E.O. 13526 (i.e., available on the DNI web-site at: http://www.dni.gov/index.php/about/organization/ic-legal-reference-book-2012/ref-book-eo-13526).

Sincerely,

David J. Scantling

From: DNI-FOIA

Subject: None

Email

Good morning,
Your request does not qualify as a MDR as it is too broad. Specifically, the “all email messages” for each line item request is overly broad for a MDR request. Generally, MDR requests are specific to a particular document of interest. So for example, a standard and acceptable MDR request could be “This is a request for a Mandatory Declassification Review ("MDR") under Executive Order 13526, which I hereby request Document ABC. Below, are some additional resources. Hope this helps.

· According to E.O. 13526 Section 3.4 (a)(1) the request for a review describes the document or material containing the information with sufficient specificity to enable the agency to locate it with a reasonable amount of effort;

· According to 32 CFR 2001.33 (a)(2)(i) a valid mandatory declassification review request must be of sufficient specificity to allow agency personnel to locate the records containing the information sought with a reasonable amount of effort. Requests for broad types of information, entire file series of records, or similar non-specific requests may be denied by agencies for processing under this section.

Thank you and have a nice day.

DNI-FOIA

From: David Scantling

Subject: None

Email

Dear DNI-FOIA,

Yes, now I understand the issue. Thank you for the quick response. Based on your guidance, I have modified my MDR request to be more specific. I request the following agency documents (including, but not limited to, electronic records):

1) The documents, reports, database records, electronic mail messages, data and/or meta-data that were produced, reviewed and/or relied upon by ODNI, between December 1, 2005, and February 1, 2006, to support the following factual claims:

1.1) "Iran conducted a clandestine uranium enrichment program for nearly two decades in violation of its IAEA safeguards agreement, and despite its claims to the contrary, we assess that Iran seeks nuclear weapons. We judge that Tehran probably does not yet have a nuclear weapon and probably has not yet produced or acquired the necessary fissile material. Nevertheless, the danger that it will acquire a nuclear weapon and the ability to integrate it with the ballistic missiles Iran already possesses is a reason for immediate concern. Iran already has the largest inventory of ballistic missiles in the Middle East, and Tehran views its ballistic missiles as an integral part of its strategy to deter—and if necessary retaliate against—forces in the region, including US forces." (p.11)

1.2) "Iranian policy toward Iraq and its activities there represent a particular concern. Iran seeks a Shia-dominated and unified Iraq but also wants the US to experience continued setbacks in our efforts to promote democracy and stability. Accordingly, Iran provides guidance and training to select Iraqi Shia political groups and weapons and training to Shia militant groups to enable anti-Coalition attacks. Tehran has been responsible for at least some of the increasing lethality of anti-Coalition attacks by providing Shia militants with the capability to build IEDs with explosively formed projectiles similar to those developed by Iran and Lebanese Hizballah." (p.12)

2) These two (2) claims were made on February 2, 2006, by then Director of National Intelligence, John Negroponte, during his testimony, entitled "Annual Threat Assessment
of the Director of National Intelligence," before the Senate Select Committee on Intelligence. A copy of Director Negroponte's testimony is available on the ODNI web-site at: http://www.dni.gov/files/documents/Newsroom/Testimonies/20060202_testimony.pdf

3) Although Director Negroponte made many factual claims during his Senate testimony on February 2, 2006, this MDR request is limited to the two (2) claims mentioned above and the sixty (60) day period prior to his testimony.

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: DNI-FOIA

Subject: None

Email

Good morning,

Thank you for your email. Based on your modified request, we are still unable to process this is an MDR. The MDR Program permits individuals or agencies to request an agency to review specific classified national security information for purposes of seeking its declassification. This program allows historians, researchers, and other members of the public to identify documents and or information pertinent to their research. So, if a researcher or a member of the public was interested in say a document from the ODNI titled “Made up Name” dated January X, XXXX for a declassification review, then they would submit similarly to what was just written. The MDR process is not for the general retrieval of collections of information from an agency without specificity.

Here is a direct link to DOJ’s website, which explains the MDR Program in further detail. http://www.justice.gov/open/declassification. Hope this helps.

Sincerely,
DNI-FOIA

From: David Scantling

Subject: None

Email

Dear DNI-FOIA,

It seems my optics on E.O. 13526 and its associated implementing directive, 75 FR 37254 (June 28, 2010), are slightly different than yours. Moreover, I understand, per 32 CFR 2001.33 (a)(2)(i), that "[r]equests for broad types of information, entire file series of records, or similar non-specific requests may be denied by agencies for processing under this section." Based on this, I have modified my MDR request to be more specific.

BACKGROUND

1) On February 2, 2006, then Director of National Intelligence, John Negroponte, testified before the Senate Select Committee on Intelligence.

2) An unclassified document, entitled "Annual Threat Assessment of the Director of National Intelligence," containing the written version of Director Negroponte's testimony on February 2, 2006, is available on the ODNI web-site at: http://www.dni.gov/files/documents/Newsroom/Testimonies/20060202_testimony.pdf

3) It is standard practice for historians, researchers and journalists to cite the documents and/or information they relied on to make a factual claim.

4) ODNI staff and all-source analysis created and reviewed classified documents and information during December, 2005, and January, 2006, in order to support the factual claims in Director Negroponte’s unclassified written testimony document.

5) Director Negroponte’s unclassified written testimony document did not cite the classified documents and information ODNI staff and all-source analysis relied on to support the factual claims.

6) ONDI’s requirement to provide specific classified document names and associated dates of publication for a MDR to be valid is an arbitrarily higher standard than the requirements of 32 CFR 2001.33 (a)(2)(i) (i.e., “A valid mandatory declassification review request must be of sufficient specificity to allow agency personnel to locate the records containing the information sought with a reasonable amount of effort.”).

DOCUMENT REQUEST

I request the following agency documents (including, but not limited to, electronic records):

7) Iran’s Nuclear Weapons Program

7.1) Claim: "Iran conducted a clandestine uranium enrichment program for nearly two decades in violation of its IAEA safeguards agreement, and despite its claims to the contrary, we assess that Iran seeks nuclear weapons.” (p. 11)

7.1.1) The reports, documents and information related to Iran’s clandestine uranium enrichment program.

7.1.2) The reports, documents and information related to Iran’s violation of its IAEA safeguards agreement.

7.1.3) The documents and information related to the ODNI assessment that Iran seeks nuclear weapons.

7.2) Claim: “We judge that Tehran probably does not yet have a nuclear weapon and probably has not yet produced or acquired the necessary fissile material.” (p. 11)

7.2.1) The reports, documents and information related to the ODNI assessment that Iran does not yet have a nuclear weapon.

7.2.2) The reports, documents and information related to the ODNI assessment that Iran has not yet produced or acquired the necessary fissile material for a nuclear weapon.

7.3) Claim: “Nevertheless, the danger that it will acquire a nuclear weapon and the ability to integrate it with the ballistic missiles Iran already possesses is a reason for immediate concern. Iran already has the largest inventory of ballistic missiles in the Middle East, and Tehran views its ballistic missiles as an integral part of its strategy to deter—and if necessary retaliate against—forces in the region, including US forces." (p. 11)

7.3.1) The reports, documents and information related to the Iran’s ballistic missile capabilities.

7.3.2) The reports, documents and information related to the Iran’s ability to integrate a nuclear weapon with one of its ballistic missiles.

7.3.3) The reports, documents and information related to the Iran’s ballistic missile deterrence strategy.

8) Iran’s Support of Shia Militias in Iraq During Operation Iraqi Freedom (“OIF”)

8.1) Claim: "Iranian policy toward Iraq and its activities there represent a particular concern.” (p.12)

8.1.1) The reports, documents and information related to the Iran’s policy towards Iraq during OIF.

8.1.2) The reports, documents and information related to the Iran’s activities in Iraq that represent a particular concern to the national security of the United States during OIF.

8.2) Claim: “Iran seeks a Shia-dominated and unified Iraq but also wants the US to experience continued setbacks in our efforts to promote democracy and stability. Accordingly, Iran provides guidance and training to select Iraqi Shia political groups and weapons and training to Shia militant groups to enable anti-Coalition attacks.” (p. 12)

8.2.1) The reports, documents and information related to the guidance and training Iran provided to select Iraqi Shia political groups during OIF.

8.2.2) The reports, documents and information related to the weapons and training Iran provided to Shia militant groups in order to enable attacks against United States forces in Iraq during OIF.

8.3) Claim: “Tehran has been responsible for at least some of the increasing lethality of anti-Coalition attacks by providing Shia militants with the capability to build IEDs with explosively formed projectiles similar to those developed by Iran and Lebanese Hizballah." (p. 12)

8.3.1) The reports, documents and information related to Iran’s supply of Improvised Explosive Devices (“IEDs”), Explosively Formed Penetrators (“EFPs”), and associated materials, financing and training to select Iraqi Shia political groups during OIF.

8.4.2) The reports, documents and information linking EFP attacks against United States forces by Iraqi Shia Militias to the Lebanese Hizballah, the Iranian Qods Force (“IRGC-QF”), and/or the Iranian Revolutionary Guards Corps (“IRGC”) during OIF.

SYSTEMS OF RECORD

9) The requested ODNI reports, documents and information may be found on, but not limited to, the following Systems of Record:

9.1) The Microsoft Exchange electronic mail (“e-mail”) servers, and/or their related back-up media, associated with ONDI’s e-mail accounts on the Secure Internet Router Protocol Network (“SIPRNET”).

9.2) The Microsoft Exchange electronic mail (“e-mail”) servers, and/or their related back-up media, associated with ONDI’s e-mail accounts on the Joint Worldwide Intelligence Communications System (“JWICS”).

9.3) The Microsoft Exchange electronic mail (“e-mail”) servers, and/or their related back-up media, associated with ONDI’s e-mail accounts on the National Security Agency Network (“NSANET”).

9.4) ODNI accounts associated with the Terrorist Identities Datamart Environment (TIDE).

9.5) ODNI accounts associated with the Harmony document and media exploitation (“DOMEX”) program.

9.6) ODNI accounts associated with the Quantum Leap program.

9.7) ODNI accounts associated with the Combined Theater-Analyst Vetted, Relational Structured (“CT-AVRS”) terrorism database.

9.8) ODNI accounts associated with the Multimedia Message Manager (“M3”) database system on JWICS.

9.10) ODNI accounts associated with the Financial Intelligence Network Portal.

9.11) ODNI accounts associated with the Designation Package Coordination Center Portal.

9.12) ODNI’s Analytic Space (“A-SPACE”) collaborative workspace on JWICS.

9.13) ODNI’s Library of National Intelligence (“LNI”).

9.14) Intellipedia web-servers hosted on JWICS and SIPRNET.

9.15) ODNI file servers, web servers, and database servers within the Information Sharing Environment (“ISE”).

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: Office of the Director of National Intelligence (ODNI)

Subject: None

Mail (Postmarked Jan. 30, 2015)

An acknowledgement letter, stating the request is being processed.

From: MuckRock.com

Subject: None

Email

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Jan. 6, 2015. Please let me know when I can expect to receive a response, or if further clarification is needed. You had assigned it reference number #DEOM-2015-00009.

Thank you for your help.

From: MuckRock.com

Subject: None

Email

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Jan. 6, 2015. Please let me know when I can expect to receive a response, or if further clarification is needed. You had assigned it reference number #DEOM-2015-00009.

Thank you for your help.

From: MuckRock.com

Subject: None

Email

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Jan. 6, 2015. Please let me know when I can expect to receive a response, or if further clarification is needed. You had assigned it reference number #DEOM-2015-00009.

Thank you for your help.

From: DNI-FOIA

Subject: None

Email

Good morning,

Your request (DEOM-2015-00009) is being processed and in the review queue. Until anything on the status of your request changes, we will not provide any further updates. Thank you.

Sincerely,
DNI-FOIA

From: MuckRock.com

Subject: None

Email

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Jan. 6, 2015. Please let me know when I can expect to receive a response, or if further clarification is needed. You had assigned it reference number #DEOM-2015-00009.

Thank you for your help.

From: DNI-FOIA

Subject: RE: Freedom of Information Request #DEOM-2015-00009

Email

Good morning,

Your request is being processed and in the review queue. Until anything on the status of your request changes, we will not provide any further updates. Thank you for your patience.

From: MuckRock.com

Subject: None

Email

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Jan. 6, 2015. Please let me know when I can expect to receive a response, or if further clarification is needed. You had assigned it reference number #DEOM-2015-00009.

Thank you for your help.

From: DNI-FOIA

Subject: RE: Freedom of Information Request #DEOM-2015-00009

Email

Mr. Scantling,

Your request is being processed. Please note that we are awaiting consultation responses from other agencies. Until anything on the status of your request changes, we will not provide any further updates. Thank you for your patience.

Sincerely,
DNI-FOIA

From: DNI-FOIA

Subject: RE: Freedom of Information Request #DEOM-2015-00009

Email

Mr. Scantling,

Your request is being processed. Please note that we are awaiting consultation responses from other agencies. Until anything on the status of your request changes, we will not provide any further updates. Thank you for your patience.

Sincerely,
DNI-FOIA

From: DNI-FOIA

Subject: RE: Freedom of Information Request #DEOM-2015-00009

Email

Mr. Scantling,

Your request is being processed. Please note that we are awaiting consultation responses from other agencies. Until anything on the status of your request changes, we will not provide any further updates. Thank you for your patience.

Sincerely,
DNI-FOIA

From: MuckRock.com

Subject: None

Email

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Jan. 6, 2015. Please let me know when I can expect to receive a response, or if further clarification is needed. You had assigned it reference number #DEOM-2015-00009.

Thank you for your help.

From: DNI-FOIA

Subject: RE: Freedom of Information Request #DEOM-2015-00009

Email

Mr. Scantling,

Your request is being processed and we continue to wait for consultation responses from other agencies. Until anything on the status of your request changes, we will not provide any further updates. Thank you for your patience.
Sincerely,
DNI-FOIA

From: MuckRock.com

Subject: None

Email

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Jan. 6, 2015. Please let me know when I can expect to receive a response, or if further clarification is needed. You had assigned it reference number #DEOM-2015-00009.

Thanks for your help, and let me know if further clarification is needed.

From: Office of the Director of National Intelligence

Subject: RE: Freedom of Information Request #DEOM-2015-00009

Email

Mr. Scantling,

We are still awaiting for consultation responses from other agencies.
Until the status of your request changes, we will not provide any further updates. Thank you.
Sincerely,
DNI-FOIA

From: Office of the Director of National Intelligence

Subject: RE: Freedom of Information Request #DEOM-2015-00009

Email

Good afternoon Sir,
Your request is currently in our queue to be worked. Please note there are 2 cases ahead of yours, until the status of your request changes, we will not provide any further updates. Thank you.
Sincerely,
DNI-FOIA

From: Office of the Director of National Intelligence

Subject: RE: Freedom of Information Request #DEOM-2015-00009

Email

Good afternoon,
Your request is currently in our queue to be worked. Please note there are 2 cases ahead of yours, until the status of your request changes, we will not provide any further updates.
Thanks,

DNI-FOIA

From: Office of the Director of National Intelligence

Subject: RE: Freedom of Information Act Request #DEOM-2015-00009

Email

Good morning,

Your request has been sent to other government agencies for consultation. Unfortunately, we cannot give you a timeframe of completion at this time.

Sincerely,

DNI-FOIA

From: Office of the Director of National Intelligence

Subject: None

Mail (Postmarked Feb. 18, 2020)

A copy of documents responsive to the request.

From: Office of the Director of National Intelligence

Subject: RE: Freedom of Information Request: John Negroponte Testimony, 02FEB06: Senate Intelligence Committee-DEOM-2015-00009

Email

Good afternoon,

Please see attached final response.

Sincerely,

DNI-FOIA

Files

pages

 Close