MuckRock emails

Emma Best filed this request with the Department of Justice, Office of Information Policy of the United States of America.

It is a clone of this request.

Tracking #

DOJ-2018-005896

Due July 20, 2018
Est. Completion None
Status
Awaiting Response

Communications

From: Emma Best


To Whom It May Concern:

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

Copies of all emails containing the terms "MuckRock", "Muck Rock" or "MuckRock.com", excluding emails sent to or from a MuckRock.com email address. Please include the complete email exchange for each email, including any emails that are being replied to as well as any subsequent replies.

I am a member of the news media and request classification as such. I have previously written about the government and its activities. I have a reasonable expectation of publication and my editorial and writing skills are well established. I discuss and comment on the files online and make them available through non-profits such as the Internet Archive and MuckRock, 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 my primary purpose is to inform about government activities by reporting on it and making the raw data available, I request that fees be waived.

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: Department of Justice, Office of Information Policy

This message is to confirm your request submission to the FOIAonline application: View Request. Request information is as follows: (https://foiaonline.regulations.gov:443/foia/action/public/view/request?objectId=090004d281962ea6)
* Tracking Number: DOJ-2018-005896
* Requester Name: Emma Best
* Date Submitted: 06/05/2018
* Request Status: Submitted
* Description: Copies of all emails containing the terms "MuckRock", "Muck Rock" or "MuckRock.com", excluding emails sent to or from a MuckRock.com email address. Please include the complete email exchange for each email, including any emails that are being replied to as well as any subsequent replies. I am a member of the news media and request classification as such. I have previously written about the government and its activities. I have a reasonable expectation of publication and my editorial and writing skills are well established. I discuss and comment on the files online and make them available through non-profits such as the Internet Archive and MuckRock, 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.

From: Department of Justice, Office of Information Policy

Ms. Best:

I am contacting you regarding the above-referenced FOIA request you submitted to this Office today. I had two questions regarding the scope of your request:

1) Which DOJ offices would you like searched?
2) What date range are your seeking?

Regarding question 1, your request has been received by the Office of Information Policy (OIP) of the United States Department of Justice, which processes Freedom of Information Act (FOIA) and Privacy Act (PA) requests for records it maintains as well as records maintained by the Offices of the Attorney General, Deputy Attorney General, Associate Attorney General, Public Affairs, Legislative Affairs, and Legal Policy. Of the above offices, please let me know which you intended to be included in your search.

If you are seeking records from other Department of Justice and/or other federal entities you will need to direct your request to those offices. For your information, the FOIA operation for both the Department of Justice and the federal government is decentralized and each Department component and federal entity maintains and handles FOIA requests for its own records. Accordingly, you need to direct your letter to the offices you believe have records pertaining to the subject of your request. Additional information regarding the federal government's administration of the FOIA, including a listing of FOIA contact information, is available at www.foia.gov<http://www.foia.gov>.

If you have any questions please feel free to contact me.
Regards,

Samuel J. Dykstra
Attorney-Advisor
Office of Information Policy
U.S. Department of Justice

From: Emma Best

Thanks for reaching out to clarify! In response to your questions,

1. I'm looking for emails to or from the Office of Information Policy.
2. 2010-present

Thanks so much for your help! Let me know if there's anything else I can clarify, or anything I can do make the processing of the request easier for your office.

- Emma Best

From: Department of Justice, Office of Information Policy

Ms. Best:

Thank you for getting back to me. To confirm, your request seeks all emails in the Office of Information Policy containing the terms "MuckRock", "Muck Rock", or "MuckRock.com" (excluding emails from a Muckrock.com address) dating from January 1, 2010 to the present. Please let me know by close of business Friday, June 29, if this is not as you understood our conversation.
Regards,

Samuel J. Dykstra
Attorney-Advisor
Office of Information Policy
U.S. Department of Justice
(202) 616-5478

From: Department of Justice, Office of Information Policy

Please find attached this Office's acknowledgment of the above-referenced request.

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