Kill List [NCTC / ODNI]

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

DF-2014-00260

Est. Completion None
Status
Fix Required

Communications

From: Rich Jones

To Whom It May Concern:

This is a request under the Freedom of Information Act. I hereby request the following records:

All responsive documents, emails, memos and/or PowerPoint presentations given to the President of the United States regarding candidates for targeted killing of Al Qaeda’s branch in Yemen, Afghanistan, and Pakistan, its allies in Somalia’s Shabab militia or elsewhere. Please also include documents which refer to these documents or the meetings during which they were presented, and any other materials related to these 'kill list' presentations and conference calls, as previously referred to in this New York Times article: http://www.nytimes.com/2012/05/29/world/obamas-leadership-in-war-on-al-qaeda.html?pagewanted=all

If the documents are not able to be released for security reasons, please instead provide a list of the documents rather than their contents.

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,

Rich Jones

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 June 1, 2012. 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 June 1, 2012. 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 June 1, 2012. 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 June 1, 2012. 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 June 1, 2012. 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 June 1, 2012. 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 June 1, 2012. 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 June 1, 2012. 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 June 1, 2012. 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 June 1, 2012. 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 June 1, 2012. 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 June 1, 2012. 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 June 1, 2012. 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 June 1, 2012. 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 June 1, 2012. 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 June 1, 2012. 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 June 1, 2012. 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 June 1, 2012. 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 June 1, 2012. 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 June 1, 2012. Please let me know when I can expect to receive a response, or if further clarification is needed.

Thank you for your help.

From: Rich Jones

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on June 1, 2012 to the email listed on the DNI website at the time, dni-foia@ugov.gov, without reply. 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 June 1, 2012. Please let me know when I can expect to receive a response, or if further clarification is needed.

Thank you for your help.

From: DNI-FOIA

Good Afternoon,

Based on this information, we will not be able to provide a status update. We will need a case number in order to provide a status update.

Thank you,

ODNI FOIA
703-874-8500

From: MuckRock

Your previous response was the first we've received from your agency regarding this request, so no case number could be provided. A copy of the original request is below:
--
This is a request under the Freedom of Information Act. I hereby request the following records:

All responsive documents, emails, memos and/or PowerPoint presentations given to the President of the United States regarding candidates for targeted killing of Al Qaeda’s branch in Yemen, Afghanistan, and Pakistan, its allies in Somalia’s Shabab militia or elsewhere. Please also include documents which refer to these documents or the meetings during which they were presented, and any other materials related to these 'kill list' presentations and conference calls, as previously referred to in this New York Times article: http://www.nytimes.com/2012/05/29/world/obamas-leadership-in-war-on-al-qaeda.html?pagewanted=all

If the documents are not able to be released for security reasons, please instead provide a list of the documents rather than their contents.

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,

Rich Jones

From: DNI-FOIA

Sir,

None of the comment strings below, to include what you indicate as the original request, contain a TO: or FROM: line to show receipt at this agency. Unless you are able to provide this, the best we can do is to open this as a new request using the current date as our date of receipt.

Please advise if this is what you would like to do.

We will wait for your response.

Thank you.

ODNI FOIA

From: MuckRock

To clarify, the response dated June 23, 2014, asking for a tracking number was the first response we have received by your agency, and the only evidence of its receipt. Moving forward, opening this as a new request is acceptable.
Sincerely,

From: Office of the Director of National Intelligence (ODNI)

An interim response, stating the request is being processed.

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 June 1, 2012. Please let me know when I can expect to receive a response, or if further clarification is needed. You had assigned it reference number #DF-2014-00260.

Thank you for your help.

From: Office of the Director of National Intelligence (ODNI)

The request has been rejected, with the agency stating that it can neither confirm nor deny the existence of the requested documents.

From: Rich Jones

Dear Mrs. Hudson,

This is an appeal under the Freedom of Information Act.

On June 1, 2012, I requested documents under the Freedom of Information Act. My request was assigned the following identification number: DF-2014-00260. On September 8, 2014, I received a response to my request in a letter signed by Judith Strother. I appeal the denial of my request. A copy of my FOIA request and the agency determination which is the subject of this appeal is attached for your convenience.

The documents that were withheld must be disclosed under the FOIA because, although you claim that the existence or non-existence of this information is classified, in fact, the existence of the information, specifically the "disposition matrix," has already been revealed by the United States Government. Specifically, it is openly referred to in open letters by Senator Rand Paul to John Brennan, available here: http://www.paul.senate.gov/files/documents/Brennan1.pdf, and it has been mentioned in the Congressional Record by Senator Chuck Grassley on May 08, 2014, available here: https://beta.congress.gov/congressional-record/2014/5/8/senate-section/article/S2831-6

The existence or non-existence of these records cannot be classified, since their existence is already public knowledge. Therefore, FOIA requires you by law to release the requested documents.

Thank you for your consideration of this appeal.

Sincerely,

Rich Jones

From: Office of the Director of National Intelligence (ODNI)

A letter stating that the request appeal has been received and is being processed.

From: Office of the Director of National Intelligence (ODNI)

A letter stating that the request appeal has been received and is being processed.

From: Office of the Director of National Intelligence

Good Afternoon Mr. Jones,

Hope you enjoyed your Holiday.

During an audit of our oldest open FOIA appeals, I discovered one from you pertaining to your original request below (case DF-2014-00260).

Due to the passage of time and the posting of a considerable amount of information on this topic, I am inquiring if you are still interested in pursuing this appeal.

You can respond directly to this email, or feel free to contact me at the number below.

I apologize for the oversight and am happy to discuss further if necessary.

-Sally

Sally A. Nicholson
Chief, FOIA Branch
ODNI/S&E/IDO/IMD
301-243-1055 (my direct desk line)
301-243-1499 (FOIA main line)

From: Rich Jones

Yes, I am absolutely still interested in getting a response to this request.

Richard.

From: Office of the Director of National Intelligence

Good morning Mr. Jones,

Due to the lapse of time since our email to you (18+ months) asking for confirmation regarding your interest in processing this appeal, the appeal has been administratively closed. The intent of sending out a still interested email or letter is just that, to ascertain if a requester is still interested in the topic they originally asked about. Many requests are filed based on events that are currently in the news at the time they are filed. Although we do our best to be as responsive as possible, filling requests on a first in, first out basis within several queues (simple, complex, and expedite granted), if we are unable to process the request quickly enough, the requester may lose interest .

ODNI had already responded with a Glomar response and you had filed an appeal, stating in your appeal letter/email that you believe the Glomar response was not appropriate and at least some of the information you were interested in had already been released by the government. After review and consideration was given to your appeal request, our appeal response letter upholding the original Glomar decision had been drafted and was ready to send forward for final review and signature. The process ended when you did not respond to our request concerning continued interest (normally we will wait 30-45 days to hear back regarding interest, depending on the method of contact).

Let me know if there is any other action you would like me to take regarding this request.

Sincerely,

-Sally

Sally Nicholson
Chief FOIA Branch
FOIA Public Liaison
ODNI/SE/IDO/IMD

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