Office of the Secretary of Defense USS Corresp. re Manning
| Tracking # |
14-F-0328 |
| Submitted | Jan. 9, 2014 |
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Communications
From: Alexa O'Brien
To whom it may concern:
This letter constitutes a request under the Freedom of Information Act (“FOIA”), 5 U.S.C. § 552, and is submitted on behalf of journalist Alexa O’Brien.
I seek all documents and information in the Office of the Secretary of Defense's possession pertaining to the following entries found in Senate and Congressional Correspondence Logs:
OSD Control Number: OSD 01115-11
DOCUMENT TYPE: INCOMING
DOC: 2/ 2/ 2011
DOR:
2/4/2011
FROM: MOC KUCINICH, D
TO: SECDEF
SUBJECT: ALLEGED MENTAL HEALTH PROBLEMS OF ARMY PRIVATE INVOLVED IN WIKILEAKS MATTER
AGENCY: SA
TASK: RDC
SUSPENSE: 2/ 15/ 2011
ACD: 2/ 24/ 2011
FILE NUMBER: 253
OSD 01615-11 01/04/2011 MOC SARBANES, J Prosecution of Pfc. Bradley Manning
OSD 01606-11 01/04/2011 MOC SARBANES, J. Prosecution of Pfc. Bradley Manning U
OSD 01797-11 01/28/2011 MOC SARBANES, J. Concerns Regarding Prosecution of Pfc. Bradley Manning U
OSD 04794-11 03/28/2011 USS Lugar, R Concerns Regarding Pfc Bradley Manning U
OSD 04775-11 03/25/2011 USS Lugar, R Treatment of Private First Class Bradley Manning U
OSD CONTROL NUMBER: OSD 01846-11
DOCUMENT TYPE: INCOMING
DOC: 2/4/2011
DOR: 2/15/2011
FROM: MOC KUCINICH, D
TO: SECDEF
SUBJECT: REQUESTS TO VISIT PRIVATE FIRST CLASS BRADLEY MANNING AT MARINE CORPS BASE
QUANTICO VIRGINIA
AGENCY: LA
TASK: FAA
SUSPENSE: 2/24/2011
ACD:
FILE NUMBER: 253
OSD CONTROL NUMBER: OSD 01797-11
DOCUMENT TYPE: Incoming
DOR: 2/15/2011
FROM: MOC SARBANES, J
TO: LA
SUBJECT: CONCERNS REGARDING PROSECUTION OF PFC. BRADLEY MANNING
AGENCY: SA
TASK: RD
SUSPENSE:
ACD: 3/8/2011
FILE NUMBER: T
OSD CONTROL NUMBER: OSD 01606-11
DOCUMENT TYPE: INCOMING
2/ 11/ 2011
FROM: MOC SARBANES, J
TO: LA
SUBJECT: PROSECUTION OF PFC. BRADLEY MANNING
AGENCY: SA
TASK: RD
SUSPENSE:
ACD: 3/ 8/ 2011
FILE NUMBER: T-
Fee Waiver
I am a “representative of the news media” for fee waiver purposes. See Project on Military Procurement v. Department of the Navy, 710 F. Supp. 362, 363, 365 (D.C.D. 1989). My work has been published in The Cairo Review of Global Affairs, Guardian UK, Salon, and featured by PBS Frontline, On The Media and Public Radio International. Based on my status as a “news media” requester, I am entitled to receive the requested record with only duplication fees asserted.
Further, because disclosure of this information will “contribute greatly to the public understanding of the operation or activities of the government,” duplication fees should be waived.
There is a compelling need for the requested documents such that expedited processing is appropriate. I am engaged in disseminating information. There exists an urgent need to inform the public concerning actual or alleged Federal Government activity. As 5 U.S.C. § 552(a)(6)(E)(ii)(I) provides, I will anticipate your determination on our request within ten (10) calendar days.
I requests that in the event that access to any of the requested records is denied pursuant to 5 U.S.C. § 552(b), I be provided with all non-exempt portions which are reasonably segregable. I further request that you describe the deleted material in detail and specify the statutory basis for the denial as well as your reasons for believing that the alleged statutory justification applies in this instance. Please separately state your reasons for not invoking your discretionary powers to release the requested documents. Such statements will be helpful in deciding whether to appeal an adverse determination, and in formulating arguments in case an appeal is taken. I reserve my right to appeal the withholding or deletion of any information and expect that you will list the office and address were such an appeal can be sent.
Electronic Format Request
Please kindly communicate with me electronically at alexaobrien@riseup.net, and do not mail me your responses. I also requests that documents responsive to this request be provided to me in electronic format and if necessary on a CD-ROM.
Thank you in advance for your prompt attention to this request.
Sincerely,
Alexa O’Brien
From: Gibbens, Curtis A CIV WHS ESD (US)
Dear Mr. O'Brien,
This is an interim response to your attached Freedom of Information Act (FOIA) request. Your request has been assigned case number 14-F-0328 and we ask that you use that number when referring to your request.
Regarding your request for expedited processing, you are asking this Office to place your request ahead of all other requests received. This Office, however, receives hundreds of FOIA requests. According to DoD Regulation 5400.7-R, in order to qualify for expedited processing, a requester must demonstrate a "compelling need" for the information, i.e., that failure to obtain the records on an expedited basis reasonably could be expected to pose an imminent threat to the life or physical safety of an individual, or an imminent loss of substantial due process rights, or humanitarian need.
Expedited processing may be granted when the requester demonstrates a compelling need for the information and shows that the information has a particular value that would be lost if not processed on an expedited basis. A key word here is "demonstrates." It is, therefore, incumbent upon you to demonstrate that the requested records will serve an urgency purpose, and that they also will be meaningful in the sense that they will provide for a greater understanding of actual or alleged federal government activity on the part of the public-at-large than that which existed before such information was disseminated. Consequently, it must be clearly demonstrated that such information has a particular value that will be lost if not disseminated quickly. After careful consideration of your request, this Office finds that you have not clearly demonstrated how the information will lose its value if not processed on an expedited basis. For these reasons, your request for expedited processing is denied.
You should also know that although we have already begun processing your request, we will be unable to respond to your request within the FOIA's 20 day statutory time period as there are unusual circumstances which impact on our ability to quickly process your request. These unusual circumstances are: (a) the need to search for and collect records from a facility geographically separated from this Office and (b) the need for consultation with one or more other agencies or DoD components having a substantial interest in either the determination or the subject matter of the records. For these reasons, your request has been placed in our complex processing queue and will be worked in the order the request was received. Our current administrative workload is 1,240 open requests.
In regards to your request for a fee waiver, when a "news/media" requester asks for a fee waiver that waiver would apply to duplication costs as news/media is already entitled to free search and review. As we routinely provide most responses of any size on a CD, and therefore are not charging for duplication costs, the issue of a fee waiver becomes moot.
If you are not satisfied with this action, you may appeal to the appellate authority, the Director of Administration and Management, Office of the Secretary of Defense, by writing directly to the Defense Freedom of Information Policy Office, Attn: Mr. James Hogan, 1155 Defense Pentagon, Washington, D.C. 20301-1155. Your appeal should be postmarked within 60 calendar days of the date of this letter, should cite to case number 14-F-0328, and should be clearly marked "Freedom of Information Act Appeal."
Sincerely,
Curtis Gibbens, FOIA Analyst
For Suzanne Council on behalf of
Paul Jacobsmeyer, Chief, Freedom of Information Act Division
Office of Freedom of Information OSD/JS FOIA Office
(571) 372-0412
curtis.a.gibbens.civ@mail.mil
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 Jan. 9, 2014. Please let me know when I can expect to receive a response, or if further clarification is needed. You had assigned it reference number #14-F-0328.
Thank you for your help.
From: Gibbens, Curtis A CIV WHS ESD (US)
Ms. O'Brian
Your requested documents have been located and currently in the process of a complex review.
Respectfully,
Curtis Gibbens
OSD/JS FOIA Office
571-372-0412
From: Department of Defense, Office of the Secretary of Defense
The request has been forwarded from one agency to another agency or department for further review or follow up.
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 Jan. 9, 2014. Please let me know when I can expect to receive a response, or if further clarification is needed. You had assigned it reference number #14-F-0328.
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 Jan. 9, 2014. Please let me know when I can expect to receive a response, or if further clarification is needed. You had assigned it reference number #14-F-0328.
Thank you for your help.
From: Department of Defense, Office of the Administrative Assistant to the Secretary
A partial set of responsive documents referred from OSD to the Administrative Assistant to the Secretary.
From: MuckRock
Hello,
Responsive documents were sent as referred from OSD to the Administrative Assistant to the Secretary (released under tracking number 14-0176). Please confirm whether additional documents are being processed for released from OSD directly.
Thank you.
From: Alexa O'Brien
On January 28, 2014 I sought all documents and information in the Office of the Secretary of Defense's possession pertaining to the following entries found in Senate and Congressional Correspondence Logs:
OSD Control Number: OSD 01115-11
DOCUMENT TYPE: INCOMING
DOC: 2/ 2/ 2011
DOR:
2/4/2011
FROM: MOC KUCINICH, D
TO: SECDEF
SUBJECT: ALLEGED MENTAL HEALTH PROBLEMS OF ARMY PRIVATE INVOLVED IN WIKILEAKS MATTER
AGENCY: SA
TASK: RDC
SUSPENSE: 2/ 15/ 2011
ACD: 2/ 24/ 2011
FILE NUMBER: 253
OSD 01615-11 01/04/2011 MOC SARBANES, J Prosecution of Pfc. Bradley Manning
OSD 01606-11 01/04/2011 MOC SARBANES, J. Prosecution of Pfc. Bradley Manning U
OSD 01797-11 01/28/2011 MOC SARBANES, J. Concerns Regarding Prosecution of Pfc. Bradley Manning U
OSD 04794-11 03/28/2011 USS Lugar, R Concerns Regarding Pfc Bradley Manning U
OSD 04775-11 03/25/2011 USS Lugar, R Treatment of Private First Class Bradley Manning U
OSD CONTROL NUMBER: OSD 01846-11
DOCUMENT TYPE: INCOMING
DOC: 2/4/2011
DOR: 2/15/2011
FROM: MOC KUCINICH, D
TO: SECDEF
SUBJECT: REQUESTS TO VISIT PRIVATE FIRST CLASS BRADLEY MANNING AT MARINE CORPS BASE
QUANTICO VIRGINIA
AGENCY: LA
TASK: FAA
SUSPENSE: 2/24/2011
ACD:
FILE NUMBER: 253
OSD CONTROL NUMBER: OSD 01797-11
DOCUMENT TYPE: Incoming
DOR: 2/15/2011
FROM: MOC SARBANES, J
TO: LA
SUBJECT: CONCERNS REGARDING PROSECUTION OF PFC. BRADLEY MANNING
AGENCY: SA
TASK: RD
SUSPENSE:
ACD: 3/8/2011
FILE NUMBER: T
OSD CONTROL NUMBER: OSD 01606-11
DOCUMENT TYPE: INCOMING
2/ 11/ 2011
FROM: MOC SARBANES, J
TO: LA
SUBJECT: PROSECUTION OF PFC. BRADLEY MANNING
AGENCY: SA
TASK: RD
SUSPENSE:
ACD: 3/ 8/ 2011
FILE NUMBER: T-
The following records are missing from those released to me on April 28, 2014.
OSD 04794-11 03/28/2011 USS Lugar, R Concerns Regarding Pfc Bradley Manning U
OSD 04775-11 03/25/2011 USS Lugar, R Treatment of Private First Class Bradley Manning U
OSD CONTROL NUMBER: OSD 01846-11
DOCUMENT TYPE: INCOMING
DOC: 2/4/2011
DOR: 2/15/2011
FROM: MOC KUCINICH, D
TO: SECDEF
SUBJECT: REQUESTS TO VISIT PRIVATE FIRST CLASS BRADLEY MANNING AT MARINE CORPS BASE
QUANTICO VIRGINIA
AGENCY: LA
TASK: FAA
SUSPENSE: 2/24/2011
ACD:
FILE NUMBER: 253
OSD CONTROL NUMBER: OSD 01797-11
DOCUMENT TYPE: Incoming
DOR: 2/15/2011
FROM: MOC SARBANES, J
TO: LA
SUBJECT: CONCERNS REGARDING PROSECUTION OF PFC. BRADLEY MANNING
AGENCY: SA
TASK: RD
SUSPENSE:
ACD: 3/8/2011
FILE NUMBER: T
OSD CONTROL NUMBER: OSD 01606-11
DOCUMENT TYPE: INCOMING
2/ 11/ 2011
FROM: MOC SARBANES, J
TO: LA
SUBJECT: PROSECUTION OF PFC. BRADLEY MANNING
AGENCY: SA
TASK: RD
SUSPENSE:
ACD: 3/ 8/ 2011
FILE NUMBER: T-
Pelase advise me on the status of my FOIA.
Best,
Alexa O'Brien
(646) 583-1674
From: Gibbens, Curtis A CIV WHS ESD (US)
Alexa O'Brien
MuckRock News
Boston, MA
Sent by electronic mail to: requests@muckrock.com
Dear Ms. O'Brien,
This is in response to your attached Freedom of Information Act (FOIA) request, case number 14-F-0328.
The following Office of the Secretary of Defense (OSD) Control Numbers you requested are provided; OSD04794-11, OSD04775-11, and OSD01846-11. Mr. David N. Cooper, Associate Deputy General Counsel, and a FOIA Initial Denial Authority, has determined that certain information which has been redacted from the documents must be withheld pursuant 5 U.S.C. § 552(b)(6), which pertains to information the release of which would constitute a clearly unwarranted invasion of the personal privacy of individuals.
The remaining OSD control numbers; OSD01115-11, OSD01615-11, OSD01606-11, and OSD01797-11, are under the purview of the U.S. Army, which operates its own FOIA office. In consideration of this fact, I have referred the documents to the Army for their review and direct response to you. You should direct any questions or comments to the Army at the following contact information.
U.S. Army Freedom of Information Office
Casey Building, Suite 150
ATTN: AAHS-RDF
7701 Telegraph Road
Alexandria, VA 22315-3905
https://www.rmda.army.mil/foia/RMDA-FOIA-Contact.html
If you are not satisfied with this action, you may petition the Appellate Authority, the Director of Administration, Office of the Secretary of Defense, by writing directly to the OSD/Joint Staff Freedom of Information, ATTN: Appeals Office, 1155 Defense Pentagon, Washington, D.C. 20301-1155; you may also submit your appeal electronically at the following link: http://pal.whs.mil/palMain.aspx. Your appeal should be postmarked within 60 calendar days of the date of this mail, should cite case number 14-F-0328, and should be clearly marked "Freedom of Information Act Appeal."
Sincerely,
Curtis Gibbens, FOIA Analyst
For Stephanie L. Carr
Chief, Office of Freedom of Information
OSD/JS FOIA Requester Service Center
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