MilWiki entry on Jihad (Army)

Jason Smathers filed this request with the Army - United States Department of the Army of the United States of America.
Tracking # FOIA/PA 11-0237
Est. Completion None
Status
Awaiting Appeal

Communications

From: Jason Smathers

To Whom It May Concern:

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

The MilWiki ( https://www.kc.army.mil/wiki ) entry on "Jihad."

I also request that, if appropriate, fees be waived as I believe this request is in the public interest. The requested documents will be made available to the general public free of charge as part of the public information service at MuckRock.com, processed by a representative of the news media/press and is made in the process of news gathering and not for commercial usage.

In the event that fees cannot be waived, 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,

Jason Smathers
Filed via MuckRock.com
E-mail (Preferred): requests@muckrock.com
Daytime: (617) 299-1832
For mailed responses, please address:
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From: Department of the Army

Referral letter for a request for the MilWiki entry on Jihad.

From: MuckRock.com

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Nov. 29, 2010. Please let me know when I can expect to receive a response, or if further clarification is needed.

Thank you for your help.

From: MuckRock.com

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Nov. 29, 2010. Please let me know when I can expect to receive a response, or if further clarification is needed.

Thank you for your help.

From: Jason Smathers

Hello,

We have not received any response to this FOIA request in quite some time. Please advise of its status, which was last updated on 29 Nov 2010 in a letter of referral to the Directorate of Human Resources.

Thank you.

From: Jason Smathers

Hello,

This request (FOIA/PA 11-0237) referred to the Directorate of Human Resources in December 2010 (see attached), but never completed. Please advise.

Thank you.

From: Tricia May ASA(ALT) FOIA Office

Classification: UNCLASSIFIED
Caveats: NONE

Good Morning Mr. Smathers,

In reference to your November 29, 2010 FOIA request quoted below:

"...The MilWiki ( https://www.kc.army.mil/wiki)entry for "Sharia." An electronic copy of the MilWiki home page and all pages within two clicks of the home page, MikWiki is accessible from https://www.kc.army.mil/wild. The MilWiki ( https://www.kc.army.mil/wiki )entry on "Jihad." An electronic copy of MilTube and all pages within two clicks of the MilTube homepage which is believed to be hosted at https://gft.kc.us.army.mil. All MilBook pages on or about PFC Bradley Manning, 22, of Potomac, Maryland who was stationed at Forward Operating Base Hammer, 40 miles east of Baghdad until May of 2010, including but not limited to his profile pages on MilBook which is accessed from httos://www.kc.army.mil/book. All MilBlog ( https://blog.kc.us.army.mil/ )entries since 1/20/2009... '.

The aforementioned access to information on the respective sites within the milSuite of applications is subject to Common Access Card (CAC) authenticated users only. Without a CAC, access is forbidden. The FOIA exemption pertaining to your request is b5 (proprietary information/sensitive to the organization).

Thank you for your inquiry. If you have questions, please feel free to write.

V/r,

Tricia May
ASA(ALT) FOIA Office

Classification: UNCLASSIFIED
Caveats: NONE

From: Jason Smathers

I appeal.

You cited the reason for withholding the records exemption (b)(5). However, exemption (b)(5) only excludes " those documents, and only those documents that are normally privileged in the civil discovery context." (See NLRB v. Sears, Roebuck & Co., 421 U.S. 132, 149 (1975); see FTC v. Grolier Inc., 462 U.S. 19, 26 (1983); Martin v. Office of Special Counsel, 819 F.2d 1181, 1184 (D.C. Cir. 1987); see also Attorney General's Memorandum for Heads of All Federal Departments and Agencies Regarding the Freedom of Information Act (Oct. 12, 2001), reprinted in FOIA Post (posted 10/15/01) (highlighting importance of protecting privileged information).) Clearly, exemption b5 does not apply to the records requested.

I also object to the determination that the records are exempt because of the location in which they are stored. I request that the records requested are searched for and all reasonably segregable non exempt information is released per 5 U.S.C. ยง 552(b) (final sentence).

I also appeal upon any grounds deemed appropriate by the appeals authority.

Regards,
Jason Smathers

From: Jason Smathers

Hello,

There has been no confirmation of this appeal. Please advise as to the status.

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