Marjorie Diehl-Armstrong, FBI File

Lucas Smolcic Larson filed this request with the Federal Bureau of Investigation of the United States of America.
Tracking #

1420290-000

Due Jan. 25, 2019
Est. Completion None
Status
Awaiting Response

Communications

From: Lucas Smolcic Larson

To Whom It May Concern:

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

Copies of all documents and FBI files on Marjorie Diehl-Armstrong. In 2011, Diehl-Armstrong was convicted of armed bank robbery, conspiracy to commit armed bank robbery, and using a destructive device in a crime of violence in relation to the 2003 murder of Brian Wells in Erie, Pennsylvania (also known as the 'pizza bomber' case - https://en.wikipedia.org/wiki/Murder_of_Brian_Wells). Diehl-Armstrong died in federal prison in 2018.

A copy of Marjorie Diehl-Armstrong's obituary is attached as a .pdf.

The requested documents will be made available to the general public, and this request is not being made for commercial purposes. I request media status, as I am a journalist employed by MuckRock News. My previous work, published in national outlets, can be found here: https://www.clippings.me/lucassmolciclarson

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,

Lucas Smolcic Larson

From: Federal Bureau of Investigation

There are eFOIA files available for you to download.

From: Federal Bureau of Investigation

The FOIA appeal - DOJ-AP-2019-000514 description has been modified. Additional details for this item are as follows:
* Tracking Number: DOJ-AP-2019-000514
* Requester: Lucas Smolcic Larson
* Submitted Date: 10/29/2018
* Description: This is an appeal of fee status for FOIPA Request# 1420290-000, submitted to the FBI on Oct 19. Specifically, I am appealing this agency’s determination that I am a “general requester,” rather than a journalist entitled to media requester status under a plain reading of the FOIA statute.
The 2007 FOIA amendments define the news media category to include:
“any person or entity that gathers information of potential interest to a segment of the public, uses its editorial skills to turn the raw materials into a distinct work, and distributes that work to an audience. [....] the Government may also consider the past publication record of the requester in making such a determination.”
I meet the definition of a media requester. I am a staff reporter for MuckRock News, which publishes original news content on a regular basis. Below are a number articles I have written for my publication:
https://www.muckrock.com/news/archives/2018/oct/24/cia-brazil-piece/
https://www.muckrock.com/news/archives/2018/oct/10/requesters-voice-open-the-governments-jesse-franzb/
In addition to my capacity as a reporter for MuckRock, I have also reported for and been published in such online and print outlets as WGBH News in Boston, MA and the College Hill Independent in Providence, RI. Here are clips of previous articles that I have written for some of these publications:
https://www.wgbh.org/news/local-news/2018/08/06/retirees-struggle-to-locate-billions-in-lost-pensions-as-government-looks-for-solutions
https://www.theindy.org/author?n=Lucas%20Smolcic%20Larson
My reporting will be available to the wide audience of thousands of readers (other journalists, researchers, and freedom of information advocates) via MuckRock.com. For my part, I will derive only journalistic benefit from the requested documents.
I urge you to reconsider my category status and to apply the clear standard of the FOIA statute and its fee provisions to all requesters.

From: Federal Bureau of Investigation

The FOIA appeal - DOJ-AP-2019-000514 has been supplemented with additional supporting files. Additional details for this item are as follows:
* Tracking Number: DOJ-AP-2019-000514
* Requester: Lucas Smolcic Larson
* Submitted Date: 10/29/2018
* Description: This is an appeal of fee status for FOIPA Request# 1420290-000, submitted to the FBI on Oct 19. Specifically, I am appealing this agency’s determination that I am a “general requester,” rather than a journalist entitled to media requester status under a plain reading of the FOIA statute.
The 2007 FOIA amendments define the news media category to include:
“any person or entity that gathers information of potential interest to a segment of the public, uses its editorial skills to turn the raw materials into a distinct work, and distributes that work to an audience. [....] the Government may also consider the past publication record of the requester in making such a determination.”
I meet the definition of a media requester. I am a staff reporter for MuckRock News, which publishes original news content on a regular basis. Below are a number articles I have written for my publication:
https://www.muckrock.com/news/archives/2018/oct/24/cia-brazil-piece/
https://www.muckrock.com/news/archives/2018/oct/10/requesters-voice-open-the-governments-jesse-franzb/
In addition to my capacity as a reporter for MuckRock, I have also reported for and been published in such online and print outlets as WGBH News in Boston, MA and the College Hill Independent in Providence, RI. Here are clips of previous articles that I have written for some of these publications:
https://www.wgbh.org/news/local-news/2018/08/06/retirees-struggle-to-locate-billions-in-lost-pensions-as-government-looks-for-solutions
https://www.theindy.org/author?n=Lucas%20Smolcic%20Larson
My reporting will be available to the wide audience of thousands of readers (other journalists, researchers, and freedom of information advocates) via MuckRock.com. For my part, I will derive only journalistic benefit from the requested documents.
I urge you to reconsider my category status and to apply the clear standard of the FOIA statute and its fee provisions to all requesters.

From: Federal Bureau of Investigation

see attached

From: Federal Bureau of Investigation

There are eFOIA files available for you to download.

  • E743dd2b168579a7d11929dff299479eb2f015c7c_Q44358_D2152174

From: Federal Bureau of Investigation

Good afternoon Mr. Larson,

We're contacting you about the FOIA request you made for records concerning Marjorie Diehl-Armstrong. As you probably recall, the FBI located approximately 39,306 pages that are potentially responsive to your request. Requests are processed in the order in which they are received through our multi-track processing system, and the FBI receives a voluminous amount of requests on a daily, weekly, monthly, and annual basis. Requests are divided into two primary tracks--simple (under 50 pages of potentially responsive documents) and complex (over 50 pages of potentially responsive documents). Complex requests are further divided into medium (51-950 pages), large (951-8000 pages), and extra-large (over 8000 pages) sub-tracks based upon request size.

Simple track requests typically require the least amount of time to process. The more potentially responsive pages a request has, the more complex it becomes, greatly increasing the time required for processing. Generally, the larger the file, the longer it takes to process. A review of your request determined that it is currently in the complex request large processing track. Given our current workload and staffing levels, it may yet be a long time before you begin to receive material from this request.

Reducing the scope of your request may accelerate the processing and allow for a more timely receipt of the information you seek, as it could potentially place your request into a smaller, faster processing track. This may also reduce duplication costs, if applicable. Would you be willing to consider reducing the scope of your request? If so, I would be happy to help you to decide the best approach to take. We could potentially narrow your request by date, or if you are looking for something specific, we could approach the scope reduction process in that way.

Please let us know if you would like to potentially reduce the scope of your request. We can be reached via email at fbi.foipa.negotiation@fbi.gov, or you may call 540-868-1695, Monday - Friday between the hours of 7:00am and 3:00pm Eastern time.

Best regards,

FOIA Negotiation Team
FBI Information Management Division
540-868-1695

Need a status check? Contact FOIPA Questions (foipaquestions@fbi.gov).

From: Federal Bureau of Investigation

Good morning Mr. Larson,

We hadn't heard back from you and just wanted to follow up.

Best regards,

FOIA Negotiation Team
FBI Information Management Division
540-868-1695

Need a status check? Contact FOIPA Questions (foipaquestions@fbi.gov).

From: Lucas Smolcic Larson

Hello,

I do not wish to narrow the scope of my request. I have appealed my assignment of "general requester" fee status to the Office of Information Policy.

Thanks,

Lucas

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