Management Information System records: "Operation Southern Comfort"
| Tracking # |
A-2024-00865 FOIA-OCD2024-0019 |
| Submitted | Oct. 26, 2023 |
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Communications
From: T. McElwee
To Whom It May Concern:
Pursuant to the Freedom of Information Act, I hereby request the following records:
The Management Information System case-initiation forms, interim and/or final reports concerning an early case of the Organized Crime Drug Enforcement Task Forces, described in contemporary accounts as "Operation Southern Comfort."
This case resulted in the arrest and conviction of the late Harold Joseph Rosenthal, among several other narcotraffickers.
Providing a reasonable description of the records' location and scope:
• The record would be located within the Organized Crime Drug Enforcement Task Forces Management Information System (which is the system of records "JUSTICE/OCDETF–001").
• Chronologically, please note that the records may span from approximately 1982 (the founding of the OCDETF) to 1986 (Rosenthal's case dismissed in the 11th Circuit). These years are both approximate and inclusive.
Preemptively addressing FOIA exemption concerns:
• These records concern a case that can be safely assumed to be closed and in no danger of being compromised, given that Rosenthal's case is noted as convicted 1984 and his death was recorded in 2018.
• Proof of Rosenthal's death is attached, in the form of a printout from the U.S. Bureau of Prisons Inmate Locator (Register Number as 08075-020) noting his status as "Deceased."
• Proof of the case's resolution is attached in the form of a UPI record of conviction ("AROUND THE NATION; 9 Convicted in Atlanta On Cocaine Smuggling (Published 1984)". The New York Times. https://www.nytimes.com/1984/10/27/us/around-the-nation-9-convicted-in-atlanta-on-cocaine-smuggling.html)
• In the balancing test of privacy concerns against public interest, the privacy concerns are minimal (the case was tried decades ago, was a public event, and at least Rosenthal is deceased). Meanwhile the public interest in such the historical study of OCDETF cases has been established by reviews of the Management Information System by the National Archives.
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,
T. McElwee
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following Freedom of Information Act request, copied below, and originally submitted on Oct. 26, 2023. Please let me know when I can expect to receive a response.
Thanks for your help, and let me know if further clarification is needed.
From: T. McElwee
To Whom It May Concern,
This communication is to APPEAL the agency's constructive denial of my FOIA request, in violation of 5 U.S.C. § 552(a)(6)(A).
The appeal basis is as follows:
* On October 26, 2023, I submitted the below request (subj: Management Information System records: "Operation Southern Comfort") under the Freedom of Information Act.
* The agency has not acknowledged my request in compliance with the Act.
* Twenty working days have elapsed.
* On the twenthieth working day (11/27/2023) I sent a reminder email, which has gone unanswered as well.
I therefore APPEAL the constructive denial of my request, and asking for a determination that the agency must respond to my request, providing the documents or outlining reasons that they are exempt.
As stated in 5 U.S.C. § 552(a)(6)(A)(ii), the Agency shall have 20 working days to answer the appeal before the administrative remedy is considered exhausted.
Best,
T. McElwee
From: Department Of Justice, Executive Office For Organized Crime Drug Enforcement Task Forces
Greetings,
Attached please find the final response to your Freedom of Information Act Request.
OCDETF FOIA Office
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~WRD1384
From: Department Of Justice, Executive Office For Organized Crime Drug Enforcement Task Forces
The Office of Information Policy has received your FOIA Appeal. Please see the attached acknowledgment letter.
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following Freedom of Information Act request, copied below, and originally submitted on Oct. 26, 2023. Please let me know when I can expect to receive a response. You had assigned it reference number #A-2024-00865.
Thanks for your help, and let me know if further clarification is needed.
From: Department Of Justice, Executive Office For Organized Crime Drug Enforcement Task Forces
The Office of Information Policy has made its final determination on your FOIA Appeal Number A-2024-00865 . A copy of this determination is enclosed for your review, along with any enclosures, if applicable. Thank you.
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