MuckRock emails (Bureau of Alcohol, Tobacco, Firearms and Explosives)
It is a clone of this request.
| Tracking # |
A-2022-02165 2018-1028, DOJ-AP-2018-008638 2018-1028 2018-1028, DOJ-AP-2018-008638 2018-1028 |
| Multi Request | MuckRock emails |
| Submitted | May 29, 2018 |
| Est. Completion | None |
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Communications
From: Emma North-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: Bureau of Alcohol, Tobacco, Firearms and Explosives
Good afternoon,
Please see the attached documents pertaining to the response of the FOIA request submitted.
**Please do not respond and/or send any documents to this email address. Any and all correspondences pertaining to your request MUST be sent to the secure server email address of foiamail@atf.gov<mailto:foiamail@atf.gov> in order to receive any updates and /or acknowledgements****
Thanks,
Farrah Monroe-Cook
Paralegal/ Legal Assistant III
Disclosure Division
Office of Public & Governmental Affairs
Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) U.S. Department of Justice
99 New York Avenue NE | Washington, DC 20226
foiamail@atf.gov<mailto:foiamail@atf.gov>
From: Emma North-Best
I am appealing the determination that I am a "non-media" requester, as this is contrary to the law, case law and the facts. To quote my original request:
"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."
From: Bureau of Alcohol, Tobacco, Firearms and Explosives
This message is to notify you of a new appeal submission to the FOIAonline application. Appeal information is as follows:
* Appeal Tracking Number: DOJ-AP-2018-008638
* Request Tracking Number: 2018-1028
* Requester Name: Emma Best
* Date Submitted: 09/12/2018
* Appeal Status: Submitted
* Description: ATF
From: Bureau of Alcohol, Tobacco, Firearms and Explosives
see attached
From: Bureau of Alcohol, Tobacco, Firearms and Explosives
DOJ-AP-2018-008638 has been processed with the following final disposition: Completely Reversed/Remanded
From: Bureau of Alcohol, Tobacco, Firearms and Explosives
Good morning,
Please see the attached documents pertaining to the response of the FOIA request submitted.
**Please do not respond and/or send any documents to this email address. Any and all correspondences pertaining to your request MUST be sent to the secure server email address of foiamail@atf.gov<mailto:foiamail@atf.gov> in order to receive any updates and /or acknowledgements****
Thanks,
Farrah Monroe-Cook
Paralegal/ Legal Assistant III
Disclosure Division
Office of Public & Governmental Affairs
Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) U.S. Department of Justice
99 New York Avenue NE | Washington, DC 20226
foiamail@atf.gov<mailto:foiamail@atf.gov>
From: Bureau of Alcohol, Tobacco, Firearms and Explosives
Monroe-Cook, Farrah Y. (Contractor) would like to recall the message, "Your FOIA request 2018-1303".
From: Bureau of Alcohol, Tobacco, Firearms and Explosives
Good morning,
Please see the attached documents pertaining to the response of the FOIA request submitted.
**Please do not respond and/or send any documents to this email address. Any and all correspondences pertaining to your request MUST be sent to the secure server email address of foiamail@atf.gov<mailto:foiamail@atf.gov> in order to receive any updates and /or acknowledgements****
Thanks,
Farrah Monroe-Cook
Paralegal/ Legal Assistant III
Disclosure Division
Office of Public & Governmental Affairs
Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) U.S. Department of Justice
99 New York Avenue NE | Washington, DC 20226
foiamail@atf.gov<mailto:foiamail@atf.gov>
From: Bureau of Alcohol, Tobacco, Firearms and Explosives
Dear Ms. Best:
I hope you are doing well. I would like to apologize for the length of time it has taken to process your request. I am new to ATF and one of my tasks is to go back through some of our requests and see how I can help. In looking at your request, I notice you are seeking all emails containing the terms "MuckRock," Muck Rock," or" MuckRock.com." Are you still seeking these records? Thank you and my apologies again.
Thank you,
Hirsh
Hirsh Kravitz
Attorney, Information and Privacy Governance Division
Office of Public and Governmental Affairs
Bureau of Alcohol, Tobacco, Firearms and Explosives
From: Bureau of Alcohol, Tobacco, Firearms and Explosives
Ms. Best:
Attached is ATF's response to your FOIA request. We apologize for the delay in our response.
Thank you.
Hirsh Kravitz
Attorney, Information and Privacy Governance Division
Office of Public and Governmental Affairs
Bureau of Alcohol, Tobacco, Firearms and Explosives
From: Emma North-Best
I am appealing the integrity of the search in its entirety
From: Bureau of Alcohol, Tobacco, Firearms and Explosives
The Office of Information Policy has received your FOIA Appeal. Please see the attached acknowledgment letter.
From: Bureau of Alcohol, Tobacco, Firearms and Explosives
The Office of Information Policy has made its final determination on your FOIA Appeal Number A-2022-02165 . A copy of this determination is enclosed for your review, along with any enclosures, if applicable. Thank you.
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