|Submitted||Jan. 9, 2016|
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To Whom It May Concern:
This is a request under the Freedom of Information Act. I hereby request the following records:
Records associated with the investigation of leaked sensitive US intelligence products identified in email communication between Hillary Clinton and Sid Blumenthal - email account name "sbwhoeop", on June 8th, 2011. The previously sensitive information subject to this request involves the clandestine planning within Sudan’s government to seize control of oil assets in Abyei. Records within the Counterintelligence Unit of the Operations Section within the National Security Division's (NSD) Office of Intelligence at the Department are specifically requested, including cross-references or related training materials, procedures, or guidelines used during evaluation of the incident described. Records involving joint activities with other agencies, including the National Security Agency (NSA) or the Central Intelligence Agency (CIA), are specifically requested, considering the role of the Counterintelligence Unit in excluding intelligence partners, foreign and domestic, from suspicion during course of investigation. Origin of sensitive material is presumed to be an exceptionally controlled program involving sensitive HUMINT and SIGINT resources in the country of Sundan or providing communications services to them. Obscuring information identifying the origin of intelligence is appropriate; this request does not seek such information. However, a search within record stores requiring special access controls is expected. Please be considerate in recognizing that while the operations and results of Counterintelligence Unit activities may be exempt from disclosure, the existence of documents may not be. Nor may procedures and policies of wider public interest related to the context of this request be denied by Glomar without sufficient basis. Note also the passage in time since the event occurred, further diminished any claims of continuing sensitivity. Last but not least, please keep in mind the spirit and letter of the Law called Freedom of Information Act while servicing this request. Thank you! Your professional time and prompt efforts are appreciated.
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, DVD-R, or BD-R 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.
DEPT MR 23349
P.O. Box 55819
Boston, MA 02205
Re: FOIA/PA # 16-067
Dear Mr. Peck:
This is to acknowledge receipt of your email dated January 9, 2016, seeking "Records associated with the investigation of leaked sensitive US intelligence products identified in email communication between Hillary Clinton and Sid Blumenthal's email account name "sbwhoeop", on June 8th, 2011; clandestine planning within Sudan's government to seize control of oil assets in Abyei; Records within the Counterintelligence Unit of the Operations Section within the National Security Division's (NSD) Office of Intelligence at the Department, including cross-references or related training materials, procedures, or guidelines used during evaluation of the incident described. Records involving joint activities with other agencies, including the National Security Agency (NSA) or the Central Intelligence Agency (CIA); program involving sensitive HUMINT and SIGINT resources in the country of Sundan or providing communications services to them." Our FOIA office received your Freedom of Information request on January 13, 2016.
For your information, Congress excluded three discrete categories of law enforcement and national security records from the requirements of the FOIA. See 5 U.S.C. § 552(c) (2006 & Supp. IV (2010). This response is limited to those records that are subject to the requirements of the FOIA. This is a standard notification that is given to all our requesters and should not be taken as an indication that excluded records do, or do not, exist.
The National Security Division (NSD) maintains operational files which document requests for and approvals of authority for the U.S. Intelligence Community to conduct certain foreign intelligence activities.
We do not search these records in response to requests regarding the use or non-use of such techniques in cases where the confirmation or denial of the existence of responsive records would, in and of itself, reveal information properly classified under Executive Order 13526. To confirm or deny the existence of such materials in each case would tend to reveal properly classified information regarding whether particular surveillance techniques have or have not been used by the U.S. Intelligence Community. Accordingly, we can neither confirm nor deny the existence of records in these files responsive to your request pursuant to 5 U.S.C. 552(b)(1).
If you are not satisfied with my response to this request, you may administratively appeal by writing to the Director, Office of Information Policy (OIP), United States Department of Justice, Suite 11050, 1425 New York Avenue, NW, Washington, DC 20530-0001, or you may submit an appeal through OIP's eFOIA portal at http://www.justice.gov/oip/efoia-portal.html. Please note that OIP is in the process of transitioning from its current eFOIA portal to the portal on FOIAonline. Please visit the link above for instructions for submitting an appeal electronically. Your appeal must be postmarked or electronically transmitted within 60 days of the date of my response to your request. If you submit your appeal by mail, both the letter and the envelope should be clearly marked "Freedom of Information Act Appeal."
Government Information Specialist
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