List of histories (Marines - United States Marine Corps, USMC)

Emma North-Best filed this request with the Marines - United States Marine Corps, USMC of the United States of America.
Tracking #

DON-USMC-2018-008971

DON-USMC-2018-008971, DON-NAVY-2019-003458

DON-USMC-2018-008971

DON-USMC-2018-008971

Multi Request List of histories
Status
Rejected

Communications

From: Emma North-Best

To Whom It May Concern:

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

Lists, indices or other records that describe or enumerate any historical studies produced or commissioned by the agency's historical staff or various offices/subdivisions. These documents will be used, among other things, to identify individual histories that are of interest to the public, which will then be requested in a separate FOIA request.

I am a member of the news media and request classification as such. I have previously written about the government and its activities, 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 non-profits such as the Internet Archive and MuckRock, 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.

As my primary purpose is to inform about government activities by reporting on it and making the raw data available, I request that fees be waived.

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,

Emma Best

From:

Ms. Best --If you would like to submit a FOIA request, we kindly ask that you submit your request via our web-based system, which can be found at https://foiaonline.regulations.gov. This way, your request will be tracked from the moment it is received, and it will then be routed to the command that would have cognizance over any responsive records. This is the best way for you to obtain the information you are requesting. If you have any questions or concerns, please feel free to call our office at 703-614-4008.

Sincerely,

HQMC FOIA TEAM

From:

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=090004d2819a2cef)
* Tracking Number: DON-USMC-2018-008971
* Requester Name: Emma Best
* Date Submitted: 06/27/2018
* Request Status: Submitted
* Description: Lists, indices or other records that describe or enumerate any historical studies produced or commissioned by the agency's historical staff or various offices/subdivisions. These documents will be used, among other things, to identify individual histories that are of interest to the public, which will then be requested in a separate FOIA request. I am a member of the news media and request classification as such. I have previously written about the government and its activities, 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 non-profits such as the Internet Archive and MuckRock, 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.

From:

The FOIA request DON-USMC-2018-008971 has had its Tracking Number changed to DON-USMC-2018-008971. This is normally due to the request being transferred to another agency (for example, EPA to Dept. of Commerce) or to a sub-agency to process it. Additional details for this request are as follows:
* Old Tracking Number: DON-USMC-2018-008971
* New Tracking Number: DON-USMC-2018-008971
* Requester Name: Emma Best
* Date Submitted: 07/05/2018
* Long Description: Lists, indices or other records that describe or enumerate any historical studies produced or commissioned by the agency's historical staff or various offices/subdivisions. These documents will be used, among other things, to identify individual histories that are of interest to the public, which will then be requested in a separate FOIA request. I am a member of the news media and request classification as such. I have previously written about the government and its activities, 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 non-profits such as the Internet Archive and MuckRock, 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.

From:

Good Morning,

Personnel at Training Command ask for more specificity as to what you are
looking for regarding "studies produced". Personnel there have stated that
they don't do "studies."

v/r

Maria E. Gonzalez
FOIA Coordinator
U.S. Marine Corps Installations/
National Capital Region
MCB Quantico
(703) 784-2153
CLASSIFICATION: UNCLASSIFIED
PRIVACY ACT - 1974 AS AMENDED APPLIES
This E-Mail may contain information which must be protected IAW DoD 5400.11
and is For Official Use Only (FOUO). Any misuse or unauthorized disclosure
may result in either civil or criminal penalties.

From: Emma North-Best

I am looking for the most current version of the listing of Marine Corps Historical Publications, Present - 1920, previously published at http://www.tecom.usmc.mil/HD/General/Publications.htm.

From:

Please see attached

From: Emma North-Best

I am appealing the denial in its entirety, as the requested documents are NOT located at "https://archive.org/details/texts HQMC" or at "https://www.marines.mil/News/Publications/". While there are historical documents at the latter, there is no list of histories. However, even if the search field constituted a de facto list, it is not complete – the agency must do a search for new records unless it can demonstrate that ALL responsive records have been previously released or exhaustively searched for. The agency is not able to do so.

From:

This message is to notify you of a new appeal submission to the FOIAonline application. Appeal information is as follows:
* Appeal Tracking Number: DON-NAVY-2019-003458
* Request Tracking Number: DON-USMC-2018-008971
* Requester Name: Emma Best
* Date Submitted: 01/24/2019
* Appeal Status: Submitted
* Description: Appealing the denial that the requested documents are not located at the web link provided

From:

Good Morning,

This letter acknowledges receipt of your correspondence regarding your
Freedom of Information Act (FOIA) appeal that was received in our office.

In fairness to all requesters, we process all appeals in the order in which
they are received. Processing times may be affected by the number and
complexity of pending appeals. For that reason, we are unable to provide an
estimated completion date at this time. Your rights to judicial review will
not be prejudiced by waiting for a substantive determination regarding your
appeal. We will work as expeditiously as possible, however, to respond to
your request within 20 working days as outlined in the FOIA regulations.

You may contact me at 202-685-5446 or wendy.winston@navy.mil if you have
any questions concerning the processing of your appeal. Please provide your
last name and the above assigned file number in any correspondence.

Wendy A. Winston

Legal Administrative Specialist

General Litigation Division

From:

Good Afternoon,

Please see the attached final adjudication response ICO Ms. Emma Best;
original request DON-USMC-2018-008971.

Thank you and have a great day!

Very respectfully,

Wendy A. Winston
FOIA Coordinator, Paralegal Specialist
Office of the Judge Advocate General
General Litigation Division (Code 14)
1322 Patterson Avenue, SE, STE 3000
Washington Navy Yard, DC 20374
TEL: (202)685-5446
DSN: 325-5446

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