Maheu NARA

Emma Best filed this request with the National Archives and Records Administration of the United States of America.
Tracking # 74-HQ-2509, RD 53478
Est. Completion None
Status
No Responsive Documents

Communications

From: Emma Best

To Whom It May Concern:

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

Copies of FBI records relating to or mentioning Robert Maheu, including 74-HQ-2509 (as referred by the FBI).

I am a member of the news media and request classification as such. I am freelance writer who has previously written about the government and its activities for MuckRock, Motherboard, AND Magazine and Glomar Disclosure. My articles have been widely read, with some reaching over 100,000 readers. My work has been further discussed in outlets including the New York Times, the Washington Post, and BBC. 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. As such, my primary purpose is to inform about government activities by reporting on it and making the raw data available and I therefore request that fees be waived. Per DOJ FOIA guidance, "a requester should be granted a fee waiver if the requested information (1) sheds light on the activities and operations of the government; (2) is likely to contribute significantly to public understanding of those operations and activities; and (3) is not primarily in the commercial interest of the requester." As this FOIA meets all of those requirements (see above regarding the subject and how I will apply the information), a fee waiver is warranted.

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: Jodi Foor

Dear Ms. Best,

Thank you for submitting your Freedom of Information Act/Privacy Act
request to the National Archives and Records Administration.

Due to the nature of your request, we have forwarded your request (received
in our office on June 22, 2017) to our Office of Research Services, Special
Access and FOIA staff, for appropriate handling. You will be assigned a new
tracking number by that office within the next 20 business days. If you
would like to follow up with that office directly please contact them at
specialaccess_FOIA@nara.gov.

For your reference, your original submission follows.

Thank you for contacting the National Archives and please visit our website
at www.archives.gov/foia for further information.

Please also visit our main website, www.archives.gov, to learn more about
the many exciting resources we offer the public.

Sincerely,

Jodi L. Foor

Deputy Freedom of Information Act Officer/Archivist

National Archives and Records Administration

Office of General Counsel

College Park, MD

301-837-2099

Jodi.Foor@nara.gov

---------- Forwarded message ----------
From: <requests@muckrock.com>
Date: Thu, Jun 22, 2017 at 7:36 PM
Subject: Freedom of Information Request: Maheu NARA
To: foia@nara.gov

June 22, 2017
National Archives and Records Administration
FOIA Officer
National Archives and Records Administration
8601 Adelphi Road, Room 3110
College Park, MD 20740

To Whom It May Concern:

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

Copies of FBI records relating to or mentioning Robert Maheu, including
74-HQ-2509 (as referred by the FBI).

I am a member of the news media and request classification as such. I am
freelance writer who has previously written about the government and its
activities for MuckRock, Motherboard, AND Magazine and Glomar Disclosure.
My articles have been widely read, with some reaching over 100,000 readers.
My work has been further discussed in outlets including the New York Times,
the Washington Post, and BBC. 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. As such, my primary purpose is to inform about
government activities by reporting on it and making the raw data available
and I therefore request that fees be waived. Per DOJ FOIA guidance, "a
requester should be granted a fee waiver if the requested information (1)
sheds light on the activities and operations of the government; (2) is
likely to contribute significantly to public understanding of those
operations and activities; and (3) is not primarily in the commercial
interest of the requester." As this FOIA meets all of those requirements
(see above regarding the subject and how I will apply the information), a
fee waiver is warranted.

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

------
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For mailed responses, please address (see note):
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411A Highland Ave
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PLEASE NOTE: This request is not filed by a MuckRock staff member, but is
being sent through MuckRock by the above in order to better track, share,
and manage public records requests. Also note that improperly addressed
(i.e., with the requester's name rather than "MuckRock News" and the
department number) requests might be returned as undeliverable.
------

From: Jessica Hartman

June 28, 2017

Emma Best

c/o MuckRock

DEPT MR 39078

411A Highland Ave

Somerville, MA 02144-2516

requests@muckrock.com

Dear Ms. Best,

I am writing in response to your request of June 22, 2017 for FBI case file
74-HQ-2509. Your request was received in this office June 26, 2017 and
assigned FOIA case tracking number RD 53478. Unfortunately, this file was
destroyed in March 2001 while still in FBI custody in accordance with the
applicable records control schedule.

This concludes the processing of your request. If you have additional
questions, please contact me directly at Jessica.hartman@nara.gov or
301.837.1905.

We do not consider this a denial of your request as we do not have the
records in our custody, however if you are not satisfied with our action on
this request, you have the right to file an administrative appeal within
ninety (90) calendar days from the date of this letter. Appeals must be in
writing and may be delivered by regular U.S. mail or by e-mail. By filing
an appeal, you preserve your rights under the Freedom of Information Act
and present the deciding agency with an opportunity to review your request
and reconsider its decision. If you submit your appeal by regular mail, it
should be addressed to the Deputy Archivist of the United States (ND),
National Archives and Records Administration, 8601 Adelphi Road, Room 4200,
College Park, Maryland 20740-6001. Both the letter and envelope should be
clearly marked “FOIA Appeal.” If you submit your appeal by e-mail, please
send it to foia@nara.gov, addressed to the Deputy Archivist, with the words
“FOIA Appeal” in the subject line. Please be certain to explain why you
believe this response does not meet the requirements of the Freedom of
Information Act. All correspondence should reference your case number RD
53478.

If you would like the opportunity to discuss our response and attempt to
resolve your dispute without initiating the appeals process, you may
contact our FOIA Public Liaison for assistance:

Accessioned Executive Branch Records – Washington, DC Area

FOIA Requester Service Center: 301-837-3190

FOIA Public Liaison: Martha Wagner Murphy

8601 Adelphi Road, Room 5500

College Park, MD 20740-6001

Telephone: 301-837-3270

E-mail: dc.foia.liaison@nara.gov

If you are unable to resolve your dispute through our Public Liaison, the
Office of Government Information Services (OGIS) is the federal FOIA
ombudsman. OGIS offers mediation services to help resolve disputes between
FOIA requesters and federal agencies. You may contact OGIS at the following
address:

Office of Government Information Services (OGIS)

National Archives and Records Administration

8601 Adelphi Road, Room 2510

College Park, MD 20740-6001

ogis@nara.gov

202-741-5770

1-877-684-6448

Sincerely,
--
Jessie Hartman
Government Information Specialist
Special Access and FOIA Branch
National Archives at College Park
301.837.1905

Files

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