OSD FOIA Office Claim of "unusual circumstances" (OSD)

Jason Smathers filed this request with the Department of Defense, Office of the Secretary of Defense of the United States of America.


From: Jason Smathers

To Whom It May Concern:

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

From the 1,099 FOIA cases which were open on 5/9/2013, I request a copy of every acknowledgment letter where "unusual circumstances" were NOT cited as a reason for being unable to respond within the FOIA's 20 day statutory time period.

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.


Jason Smathers

From: Aldorfer, Susan CIV WHS-ESD

Dear Mr. Smathers,

This responds to your Freedom of Information Act (FOIA) request, as stated below. Your request was received in this office and assigned FOIA case number 13-F-0754.

When this office determines that unusual circumstances impact our ability to quickly process a request, we provide an acknowledgment letter to the requester to that effect.

When this office determines that we are able to respond within the FOIA's 20 day statutory time period, we simply do so. In other words, our response takes the place of any "acknowledgment letter." For example, we are not sending you an "acknowledgment letter" for this request, as this is our response to your request.



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