It is a clone of this request.
|Submitted||Feb. 3, 2017|
|Due||March 6, 2017|
To Whom It May Concern:
This is a request under the Freedom of Information Act. I hereby request the following records:
Records (from January 1, 2017 through the date of the processing of this request) 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.
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=090004d28114db50)
* Tracking Number: SBA-2017-000566
* Requester Name: Michael Best
* Date Submitted: 02/03/2017
* Request Status: Submitted
* Description: Records (from January 1, 2017, through the date of the processing of this request) relating to or mentioning Linda McMahon, including communications received from or sent to her, as well as emails mentioning her.
Dear Mr. Best:
We have received your Freedom of Information Act (FOIA) request, dated February 3, 2017. It is assigned number 2017-000566 in the FOIAonline tracker system. We assigned your request to David Fishman in the Office of the General Counsel to conduct a search and review of agency records and respond to your request.
Should you have any questions, please contact Mr. Fishman at 202-205-6861 or by email at David.Fishman@sba.gov<mailto:David.Fishman@sba.gov> .
U.S. Small Business Administration
Office of Hearings and Appeals
Freedom of Information/Privacy Acts Office
To Whom It May Concern:
I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Feb. 3, 2017. 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-2017-000566.
Thanks for your help, and let me know if further clarification is needed.
Your inquiry regarding the status of your FOIA request SBA2017-000566 has been referred to me for response. The Agency is responding to email in as timely a manner as possible. However, your request is quite voluminous and requires substantial retrieval and review time. As you know, your earlier FOIA request for the same broad request for a different timeframe involved over 4,000 emails. Your new request, as might be expected, is equally voluminous. The Agency is answering FOIA requests in as expeditious a manner as possible. If you have questions or are able to narrow your request as to assist our office in handling this request we would welcome such a response. I am available to discuss this at the number below. Presently, the Agency is invoking its 10 day extension pursuant to 13 CFR 102.(4)(b).
David A. Fishman
Assistant General Counsel
Small Business Administration
409 Third Street, SW
Washington, DC 20416
(202) 205-6861 (T)
Thank you for the update. Since this is a large request, I'm disabling auto-follow ups. Take your time with the request, I know it's a lot to go through.
If it helps, I'm okay with excluding anything obviously meaningless. Bulk emails, announcements, etc. If you have any ideas on how to reduce the burden on your office, I'll try to be open to suggestions.
Thanks so much for all of your help!
Your request for Fee Waiver for the FOIA request SBA-2017-000566 has been determined to be not applicable as the request is not billable. Additional details for this request are as follows:
* Request Created on: 02/03/2017
* Fee Waiver Disposition Reason: N/A
* Request Long Description: Records (from January 1, 2017, through the date of the processing of this request) relating to or mentioning Linda McMahon, including communications received from or sent to her, as well as emails mentioning her.
There are no files associated with this request.