Linda McMahon SBA

Emma Best filed this request with the Small Business Administration of the United States of America.
Tracking # SBA-2017-000377
Status
Completed

Communications

From: Michael Best

To Whom It May Concern:

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

Records from 2015 and 2016 relating to or mentioning Linda McMahon, including communications received from or sent to her, as well as emails mentioning her.

I am a member of the news media and request classification as such. I have previously written about the government and its activities for AND Magazine, MuckRock and Glomar Disclosure and have an open arrangement with each. My articles have been widely read, with some reaching over 100,000 readers. As such, as I have a reasonable expectation of publication and my editorial and writing skills are well established. In addition, I discuss and comment on the files online and make them available through the non-profit Internet Archive, disseminating them to a large audience. 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.

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,

Michael Best

From: FOIA

Good afternoon, Mr. Best:

Is there a specific SBA Office or SBA official who you are interested to see incoming and outgoing email communications for relating to this subject matter? To respond to this request, we will need to make an e-discovery request to our Office of the Chief Information Officer. It is most productive when you identify email accounts for search or a particular program office for search. The OCIO liaison can then pull the email accounts and run searches for the key words you identified.

Please clarify.

Thank you.

Laura L. Magere
Chief, FOI/PA
U.S. Small Business Administration
Office of Hearings and Appeals
Desk: 202-205-7351
[SBA.GOV site - U.S. Small Business Administration]

This electronic message contains information generated by the SBA solely for the intended recipients. Any unauthorized interception of this message or the use or disclosure of the information it contains may violate the law and subject the violator to civil or criminal penalties. If you believe you have received this message in error, please notify the sender and delete the email immediately.

From: Michael Best

All of the email accounts, thank you. While that is a considerable number, it can be easily automated.

Thanks!

From: foia@sba.gov

This message is to confirm your request submission to the FOIAonline application: View Request. Request information is as follows: (https://foiaonline.regulations.gov:443/foia/action/public/view/request?objectId=090004d2810a78d6)
* Tracking Number: SBA-2017-000376
* Requester Name: Michael Best
* Date Submitted: 12/16/2016
* Request Status: Submitted
* Description: See attachment.

From: foia@sba.gov

This message is to confirm your request submission to the FOIAonline application: View Request. Request information is as follows: (https://foiaonline.regulations.gov:443/foia/action/public/view/request?objectId=090004d2810a7bee)
* Tracking Number: SBA-2017-000377
* Requester Name: Michael Best
* Date Submitted: 12/16/2016
* Request Status: Submitted
* Description: Records from 2015 and 2016 relating to or mentioning Linda McMahon, including communications received from or sent to her, as well as emails mentioning her (see attachment.)

From: FOIA

Mr. Best,

Your inquiry has been forwarded to the Office of the Executive Secretariat, please be aware that the SBA FOIA program is decentralized, their FOIA Coordinator is Ms. Tangela Liddell, and he may be reached at (202) 205-6807. If you have any further questions you may contact our office.

Oreoluwa (Ore) Fashola
Gov’t Information Specialist (FOI/PA)
Office of Hearings and Appeals (OHA)
U.S. Small Business Administration (SBA)
O – (202) 401-7793
F – (202) 841-1541
oreoluwa.fashola@sba.gov<mailto:oreoluwa.fashola@sba.gov>
[1484252539760_PastedImage]
This electronic message contains information generated by the SBA solely for the intended recipients. Any unauthorized interception of this message or the use or disclosure of the information it contains may violate the law and subject the violator to civil or criminal penalties. If you believe you have received this message in error, please notify the sender and delete the email immediately.

From: Hunter, Karen L.

This email is in reference to your FOIA request for records from 2015 and 2016 relating to or mentioning Linda McMahon, including communications received from or sent to her, as well as emails mentioning her. Because we are in the process of reviewing thousands of emails we are taking a 10-workday extension under 13 C.F.R. § 102.4. We estimate providing a final response to you on February 3; however, please note this date is subject to change. We will notify you of any changes to this date. In the interim, please do not hesitate to contact David Fishman at (202) 205-6861 or david.fishman@sba.gov if you have any questions.

Thank you.

Karen Hunter
Trial Attorney
Office of General Counsel
U.S. Small Business Administration
(202) 205-6643

From: Fishman, David A.

Mr. Best,

There are over 4,000 emails responsive to your request and will be released. Unfortunately, we attempted to email them to you but are experiencing computer issues. We expect to have the issues resolved in time to get these to you by Monday February 6.

I would have telephoned you to explain but you did not provide a telephone number.

Sincerely,

David A. Fishman
Assistant General Counsel
For Litigation
Small Business Administration
409 Third Street, SW
Washington, DC 20416
(202) 205-6861 (T)

From: Michael Best

Thank you for letting me know. I'm very grateful!

From:

You have received 1 secure file from David.Fishman@sba.gov.
Use the secure link below to download.
Here is the first set of documents responsive to your request.

Secure File Downloads:
Available until: 08 March 2017

Click link to download:
.AA Responsive.pdf ,196.81 MB - [Fingerprint: b19a65d9d4800bd0175835def38c4e52]
https://sft.sba.gov/seos/1000/mpd/ui09032017e48b1ea4391ca2215efedb089cc6600f
You have received secure links within this email sent via Small Business Administration Secure File Sharing. To retrieve the files, please click on the links above. To learn how your company can benefit from Accellion Secure File Sharing, please visit http://www.accellion.com

From:

Please verify your e-mail address

Please click on the following link to verify your e-mail.
https://sft.sba.gov/a/wva/jMT08888vFotGrF63Ie7Lg931NxD8Fwj1101486415164

This verification link expires in 24 hour(s). Beyond this timeframe, please click https://sft.sba.gov/a/wva/jMT08888vFotGrF63Ie7Lg931NxD8Fwj1111486415164 to request a new verification link.

Thank you for using Small Business Administration Secure File Sharing.

From: Michael Best

The PDF does not seem to work, as opening it produces a one page ad that says "For the best experience, open this PDF portfolio in Acrobat X or Adobe Reader X, or later." This seems to be true even when I opened it in the latest version of Adobe. Despite being 200MB, it doesn't seem to have an content that I can read. Could you please re-send it in a plain PDF?

From: Michael Best

It seems there was a problem with the first download attempt. I re-downloaded it and have it working now.

Thank you so much for your help with this request!

From: kim.bradley@sba.gov

Your request for Fee Waiver for the FOIA request SBA-2017-000377 has been denied. Additional details for this request are as follows:
* Request Created on: 12/16/2016
* Fee Waiver Disposition Reason: No records found in Exec Sec
* Request Long Description: Records from 2015 and 2016 relating to or mentioning Linda McMahon, including communications received from or sent to her, as well as emails mentioning her (see attachment.)

From: james.nicholson@sba.gov

Your request for Fee Waiver for the FOIA request SBA-2017-000376 has been determined to be not applicable as the request is not billable. Additional details for this request are as follows:
* Request Created on: 12/16/2016
* Fee Waiver Disposition Reason: N/A
* Request Long Description: See attachment.

From: Fishman, David A.

Mr. Best,

April 17, 2017
Small Business Administration
Small Business Administration
Lisa Babcock
Chief, Office of FOI/PA
409 3rd Street, S.W.
Washington, D.C. 20416

This is a follow up to request number SBA-2017-000377:

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Dec. 16, 2016. Please let me know when I can expect to receive a response, or if further clarification is needed. You had assigned it reference number #SBA-2017-000377.

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

David A. Fishman
Assistant General Counsel
For Litigation
Small Business Administration
409 Third Street, SW
Washington, DC 20416
(202) 205-6861 (T)

From: Fishman, David A.

Mr. Best,

We just received this follow up. See below.

This was responded to on February 5, 2017 and you were able to open the over 4,400 emails provided on February 6, 2017. See below.

I am happy to answer any questions,

Sincerely,

David A. Fishman
Assistant General Counsel
For Litigation
Small Business Administration
409 Third Street, SW
Washington, DC 20416
(202) 205-6861 (T)

April 17, 2017
Small Business Administration
Small Business Administration
Lisa Babcock
Chief, Office of FOI/PA
409 3rd Street, S.W.
Washington, D.C. 20416

This is a follow up to request number SBA-2017-000377:

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Dec. 16, 2016. Please let me know when I can expect to receive a response, or if further clarification is needed. You had assigned it reference number #SBA-2017-000377.

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

On Feb. 6, 2017:
It seems there was a problem with the first download attempt. I re-downloaded it and have it working now.

Thank you so much for your help with this request!
---

On Feb. 6, 2017:
The PDF does not seem to work, as opening it produces a one page ad that says "For the best experience, open this PDF portfolio in Acrobat X or Adobe Reader X, or later." This seems to be true even when I opened it in the latest version of Adobe. Despite being 200MB, it doesn't seem to have an content that I can read. Could you please re-send it in a plain PDF?
---

On Feb. 6, 2017:
Please verify your e-mail address

Please click on the following link to verify your e-mail.
https://sft.sba.gov/a/wva/jMT08888vFotGrF63Ie7Lg931NxD8Fwj1101486415164

This verification link expires in 24 hour(s). Beyond this timeframe, please click https://sft.sba.gov/a/wva/jMT08888vFotGrF63Ie7Lg931NxD8Fwj1111486415164 to request a new verification link.

Thank you for using Small Business Administration Secure File Sharing.

From: Fishman, David A.

Mr. Best,

Does this help?

David

David A. Fishman
Assistant General Counsel
For Litigation
Small Business Administration
409 Third Street, SW
Washington, DC 20416
(202) 205-6861 (T)

From: Michael Best

Yes, and I apologize for the error on my part with the unnecessary follow-up. Thank you for your office's diligence.

Michael

From:

You have received 1 secure file from David.Fishman@sba.gov.
Use the secure link below to download.
Mr. Best,

Here are the responsive documents to your request. Let me know if you have any questions.

Thanks for your patience,

David Fishman

Secure File Downloads:
Available until: 06 July 2017

Click link to download:
McMahonBest2FOIA.pdf ,42.04 MB - [Fingerprint: 9c7ba25bf1845abbd72ee72052073c12]
https://sft.sba.gov/seos/1000/mpd/ui07072017857129aaf052d268efa15b15156e9eb2
You have received secure links within this email sent via Small Business Administration Secure File Sharing. To retrieve the files, please click on the links above. To learn how your company can benefit from Accellion Secure File Sharing, please visit http://www.accellion.com

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