June 2013 crimes report regarding National Security Agency leaks (DOJ)

Runa A. Sandvik filed this request with the Department of Justice, National Security Division of the United States of America.
Tracking # 14-145 ; AP-2014-03899 ; EMRUFOIA050614-36
Status
Rejected

Communications

From: Runa A. Sandvik

To Whom It May Concern:

This is a request under the Freedom of Information Act. I hereby request a copy of the crimes report regarding National Security Agency leaks filed with the U.S. Department of Justice in June 2013.

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,

Runa A. Sandvik

From: MuckRock.com

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Feb. 5, 2014. Please let me know when I can expect to receive a response, or if further clarification is needed.

Thank you for your help.

From: MuckRock.com

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Feb. 5, 2014. Please let me know when I can expect to receive a response, or if further clarification is needed.

Thank you for your help.

From: MuckRock.com

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Feb. 5, 2014. Please let me know when I can expect to receive a response, or if further clarification is needed.

Thank you for your help.

From: MRUFOIA Requests

Runa A. Sandvik,

Please see the attached response to your FOIA request. Please note, your request has been assigned tracking number EMRUFOIA050614-36.
Thanks

MRU FOIA

From: MuckRock

Hello,

Per the attached, this request has been forwarded to NSD FOIA for response. Please confirm and provide a tracking number.

Thank you.

From: Department of Justice, National Security Division

The request has been rejected, with the agency stating that the information or document(s) requested are exempt from disclosure.

From: MuckRock.com

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on May 20, 2014. Please let me know when I can expect to receive a response, or if further clarification is needed. You had assigned it reference number #EMRUFOIA050614-36.

Thank you for your help.

From: Runa A. Sandvik

To the Office of Information Policy, United States Department of Justice:

This letter constitutes a formal appeal under the U.S. Freedom of Information and Privacy Acts (5 U.S.C. ยง552/552a) and the regulations promulgated thereunder.

Along with a letter dated June 17, 2014, the U.S. Department of Justice responded to my request for a copy of the June 2013 crimes report regarding National Security Agency leaks and cited a b1 and b7a exemption to justify the withholding of information.

I hereby appeal all withholdings and redactions in FOIA No. 14-121 and request the U.S. Department of Justice release to me all improperly withheld documents or portions thereof. I believe the b1 and b7a exemptions were improperly applied.

Sincerely,

Runa A. Sandvik

From: Gleaves, Lani (NSD)

Runa A. Sandvik
MuckRock News
Dept. MR 9476
P.O. Box 55819
Boston, MA 02205-5819

Re: FOIA/PA # 14-145

Dear Ms. Sandvik:

This is in reference to your email dated June 19, 2014 misdirected to the Mail Referral Unit, seeking "a copy of the crimes report regarding National Security leaks filed with the U.S. Department of Justice in June 2013." Our FOIA office received your Freedom of Information request on May 29, 2014.

Our policy is to process FOIA requests on a first-in, first-out basis. Consistent with this policy, every effort will be made to respond to your request as quickly as possible. The actual processing time will depend upon the complexity of the request, whether it involves sensitive or voluminous records, and whether consultations with other agencies or agency components are appropriate.

Also, you requested a waiver of processing fees. Your reason for a fee waiver does not meet the fee waiver threshold. Therefore, your request for a fee waiver has been denied. It has been determined that you are an "all other use" requester. As such, we will process your request up to the first 100 pages and the first two hours of search time at no charge. If after processing the free portion, additional information exists, you will be notified and given the opportunity to provide an agreement to pay fees for the additional information.

If you are not satisfied with this response, you may administratively appeal by writing to the Director, Office of Information Policy, United States Department of Justice, Suite 11050, 1425 New York Avenue, NW, Washington, DC 20530-0001, or you may submit an appeal through this Office's eFOIA portal at http://www.justice.gov/oip/efoia-portal.html. Your appeal must be received within sixty days from the date of this letter. If you submit your appeal by mail, both the letter and the envelope should be clearly marked "Freedom of Information Act Appeal."

If you have any questions concerning your request, feel free to contact me on (202) 233-0754. Thank you in advance for your continuing patience.

Sincerely,

Arnetta Mallory

Arnetta Mallory
FOIA Coordinator

From: Runa A. Sandvik

To the DOJ Freedom of Information Act Appeal Authority,

I am a published independent reporter and a current contributor to Forbes (http://www.forbes.com/sites/runasandvik/). I have also had my journalism published on domestic and international blogs.

According to 5 U.S.C. 552(a)(4)(A)(ii), codifying the ruling of Nat'l Security Archive v. Dept of Defense, 880 F.2d 1381 (D.C. Cir. 1989), the term "a representative of the news media" means any person or entity that gathers information of potential interest to a segment of the public, uses its editorial skills to turn the raw materials into a distinct work, and distributes that work to an audience.

I have a clear intent to "publish or otherwise disseminate information to the public." Id. at 1386 (quoting the following legislative history):

1) It is critical that the phrase "representative of the news media" be broadly interpreted if the act is to work as expected. . . . In fact, any person or organization which regularly publishes or disseminates information to the public . . . should qualify for waivers as a "representative of the news media." 132 Cong. Rec. S14298 (daily ed. Sept. 30, 1986).

2) "A request by a reporter or other person affiliated with a newspaper, magazine, television or radio station, or other entity that is in the business of publishing or otherwise disseminating information to the public qualifies under this provision." 132 Cong. Rec. H9463 (Oct. 8, 1986).

Therefore, in accordance with the Freedom of Information Act and relevant case law, I, Runa A. Sandvik, should be considered a representative of the news media and as such I am also requesting a public interest fee waiver.

Sincerely,

Runa A. Sandvik

From: OIP-NoReply

THIS MESSAGE IS SENT FROM AN UNATTENDED ID. DO NOT REPLY TO THIS MESSAGE

From: OIP-NoReply


From: Gleaves, Lani (NSD)

Runa A. Sandvik
MuckRock News
Dept. MR 9476
P.O. Box 55819
Boston, MA 02205-5819

Re: FOIA/PA # 14-145

Dear Ms. Sandvik:

This is in reference to your email dated February 5, 2014, to the FOIA/PA Mail Referral Unit, seeking "a copy of the crimes report regarding National Security leaks filed with the U.S. Department of Justice in June 2013." Our FOIA office received your Freedom of Information request on June 19, 2014.

This request is similar to FOIA/PA #14-121 requesting the same information. We can respond to your request under one FOIA number. Which request would you like us to process?

Please use the file number indicated above for all future correspondence related to this request. If you have any questions concerning your request, please contact me on (202) 233-0754. Thank you for your continued patience.

Sincerely,

Arnetta Mallory

Arnetta Mallory
FOIA Coordinator

From: Gleaves, Lani (NSD)

Runa A. Sandvik
MuckRock News
Dept. MR 9476
P.O. Box 55819
Boston, MA 02205-5819

Re: FOIA/PA # 14-145

Dear Ms. Sandvik:

This is in reference to your email dated February 5, 2014, to the FOIA/PA Mail Referral Unit, seeking "a copy of the crimes report regarding National Security leaks filed with the U.S. Department of Justice in June 2013." Our FOIA office received your Freedom of Information request on June 19, 2014.

Upon review of your previous, identical request (NSD FOIA/PA #14-121), we determined that we had previously produced a final response to that request, see attached final response to NSD FOIA/PA #14-121. As NSD FOIA/PA #14-121 has been appealed, we intend to close NSD FOIA/PA #14-145 without any further action.

Please use the file number indicated above for all future correspondence related to this request. If you have any questions concerning your request, please contact me on (202) 233-0754. Thank you for your continued patience.

Sincerely,

Arnetta Mallory

Arnetta Mallory
FOIA Coordinator

Attachment

From: Department of Justice, National Security Division

A letter stating that the request appeal has been rejected.

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