Kneed to Know - Squirrel

Freddy Martinez filed this request with the Army - United States Department of the Army of the United States of America.
Tracking #

FA-19-1315, FP-19-028682.

FA-19-1315

Status
Completed

Communications

From: Freddy Martinez


To Whom It May Concern:

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

Records sufficient to show the "secret squirrels" creation at Fort Huachuca in Southeast Arizona.
Policies, manuals, guidelines or other records for using the Secret Squirrel on Social Media (facebook for example, I have included a screenshot).
Policies, manuals, guidelines or other records for using the Kneed to Know campaign on Social Media.
Records sufficient to show the "Kneed to Know" creation at Fort Huachuca in Southeast Arizona.
If available, records sufficient if "Kneed to Know" serves a functional Operation Security purpose at the Fort Huachuca such as reminding soldiers about OPSEC.
Documents about any drafts in creating the secret squirrel logo at Fort Huachuca or other US Armu bases

I am a member of the news media and request classification as such. I have previously written about the government and its activities using the Freedom of Information Act. One of my last articles reached over 60,000 readers online. As such, as I have a reasonable expectation of publication and my editorial and writing skills are well established. While my research is not limited to this, a great deal of it, including this, focuses on the activities and attitudes of the government itself. As such, it is not necessary for me to demonstrate the relevance of this particular subject in advance. Additionally, case law states that “proof of the ability to disseminate the released information to a broad cross-section of the public is not required.” Judicial Watch, Inc. v. Dep’t of Justice, 365 F.3d 1108, 1126 (D.C. Cir. 2004); see Carney v. U.S. Dep’t of Justice, 19 F.3d 807, 814-15 (2d Cir. 1994). Further, courts have held that "qualified because it also had “firm” plans to “publish a number of . . . ‘document sets’” concerning United States foreign and national security policy." Under this criteria, as well, I qualify as a member of the news media. Additionally, courts have held that the news media status "focuses on the nature of the requester, not its request. The provision requires that the request be “made by” a representative of the news media. Id. § 552(a)(4)(A)(ii)(II). A newspaper reporter, for example, is a representative of the news media regardless of how much interest there is in the story for which he or she is requesting information." As such, the details of the request itself are moot for the purposes of determining the appropriate fee category. As such, my primary purpose is to inform about government activities by reporting on it and making the raw data available.

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,

Freddy Martinez

From: Army - United States Department of the Army

Muckrock Staff,

This case was not originally sent to us. Please look at your records again and contact the office which you submitted your original request initially. No further action is required from this office. Thank you.

Very Respectfully,

Freedom of Information Act Office (FOIA) /

Chief Attorney and Legal Services (CALS)

☎Office: 703-614-5871

From: Freddy Martinez

FOIA officer,

Are you saying you did not receive the original request so you have no tracking number for it? I have included the previous request below. You may treat it like a new request.

To Whom It May Concern:

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

Records sufficient to show the "secret squirrels" creation at Fort Huachuca in Southeast Arizona.
Policies, manuals, guidelines or other records for using the Secret Squirrel on Social Media (facebook for example, I have included a screenshot).
Policies, manuals, guidelines or other records for using the Kneed to Know campaign on Social Media.
Records sufficient to show the "Kneed to Know" creation at Fort Huachuca in Southeast Arizona.
If available, records sufficient if "Kneed to Know" serves a functional Operation Security purpose at the Fort Huachuca such as reminding soldiers about OPSEC.
Documents about any drafts in creating the secret squirrel logo at Fort Huachuca or other US Armu bases

I am a member of the news media and request classification as such. I have previously written about the government and its activities using the Freedom of Information Act. One of my last articles reached over 60,000 readers online. As such, as I have a reasonable expectation of publication and my editorial and writing skills are well established. While my research is not limited to this, a great deal of it, including this, focuses on the activities and attitudes of the government itself. As such, it is not necessary for me to demonstrate the relevance of this particular subject in advance. Additionally, case law states that “proof of the ability to disseminate the released information to a broad cross-section of the public is not required.” Judicial Watch, Inc. v. Dep’t of Justice, 365 F.3d 1108, 1126 (D.C. Cir. 2004); see Carney v. U.S. Dep’t of Justice, 19 F.3d 807, 814-15 (2d Cir. 1994). Further, courts have held that "qualified because it also had “firm” plans to “publish a number of . . . ‘document sets’” concerning United States foreign and national security policy." Under this criteria, as well, I qualify as a member of the news media. Additionally, courts have held that the news media status "focuses on the nature of the requester, not its request. The provision requires that the request be “made by” a representative of the news media. Id. § 552(a)(4)(A)(ii)(II). A newspaper reporter, for example, is a representative of the news media regardless of how much interest there is in the story for which he or she is requesting information." As such, the details of the request itself are moot for the purposes of determining the appropriate fee category. As such, my primary purpose is to inform about government activities by reporting on it and making the raw data available.

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,

Freddy Martinez

From: Army - United States Department of the Army

Muckrock Staff,

We are the OAA-CALS FOIA Office. We are not the Department of the Army FOIA office (their email address has been cc’d for you as a courtesy for your situational awareness). What we are saying is that you never sent this request to our inbox or our office. For you to say you are following up on an action that never came to us originally on June 27, 2019 is false and misleading. We have previously contacted Muckrock via email about such practice and numerous times we have explained the Department of the Army FOIA program is decentralized. What you are seeking does not fall under this office purview. What we recommend, is for you to see who you originally emailed this request back on June 27, 2019. Contact that office directly and check on that status of your request. You second option would be to contact the Department of the Army FOIA office which we have cc’d and possibly ask for their assistance. No further action is required from this office.

Very Respectfully,

Freedom of Information Act Office (FOIA) /

Chief Attorney and Legal Services (CALS)

☎Office: 703-614-5871

From: Army - United States Department of the Army

Good morning Mr. Martinez,

Attached is our response pertaining to your FOIA request.

v/r,

DA FOIA

From: Army - United States Department of the Army

CLASSIFICATION: UNCLASSIFIED

Mr. Martinez,

Attached is the acknowledgement letter in response to your FOIA request.

v/r

Nancy Williams
USAG, DHR, Administrative Services
14 Rhea Ave, Rm 7, Bldg 41421
Fort Huachuca, AZ
(520) 533-3932 (DSN 821)

We are the Army's Home!

INTERACTIVE CUSTOMER EVALUATION COMMENTS:
Let us know about your customer service experience.
https://ice.disa.mil/index.cfm?fa=card&sp=132219&s=277&dep=*DoD

CLASSIFICATION: UNCLASSIFIED

From: Army - United States Department of the Army

CLASSIFICATION: UNCLASSIFIED

Good Afternoon Mr. Martinez,

Attached is in response to your FOIA request.

Please let me know if you have any further questions.

v/r
Nancy Williams
USAG, DHR, Administrative Services
14 Rhea Ave, Rm 7, Bldg 41421
Fort Huachuca, AZ
(520) 533-3932 (DSN 821)

We are the Army's Home!

INTERACTIVE CUSTOMER EVALUATION COMMENTS:
Let us know about your customer service experience.
https://ice.disa.mil/index.cfm?fa=card&sp=132219&s=277&dep=*DoD

CLASSIFICATION: UNCLASSIFIED

From: Army - United States Department of the Army

CLASSIFICATION: UNCLASSIFIED

Good Afternoon Mr. Martinez

I was awaiting a confirmation of receipt of the below email before I closed this case.
After reviewing the below email I see I didn't ask for one, so I am closing your case as of today.
Please let me know if you have any further questions.

v/r
Nancy Williams
USAG, DHR, Administrative Services
14 Rhea Ave, Rm 7, Bldg 41421
Fort Huachuca, AZ
(520) 533-3932 (DSN 821)

We are the Army's Home!

INTERACTIVE CUSTOMER EVALUATION COMMENTS:
Let us know about your customer service experience.
https://ice.disa.mil/index.cfm?fa=card&sp=132219&s=277&dep=*DoD

Files

pages

Close