Parallel Construction Cases

Avinash Samarth filed this request with the Department of Justice, National Security Division of the United States of America.
Tracking # 15-004
Status
Rejected

Communications

From: Avinash Samarth

To Whom It May Concern:

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

The case name, docket number, and court of each criminal prosecution, past or present, that involved a 'tip' from the DEA's Special Operations Division deriving from NSA surveillance.

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In August 2013, Reuters reported that the DEA's Special Operations Division distributes tips from NSA surveillances to federal, state, and local law enforcement agents for use in their domestic criminal investigations. See http://www.reuters.com/article/2013/08/05/us-dea-sod-idUSBRE97409R20130805.

Identifying which criminal prosecutions involved those tips is critical to our system of justice. Myriad judges, prosecutors, and defense attorneys have stressed that without knowing whether an investigation involved NSA surveillance, defendants might be shielded from what they are legally entitled to: exculpatory evidence and the opportunity to challenge likely-unconstitutional surveillance deployed in their cases. Id.; see also Brady v. Maryland, 373 U.S. 83, 87 (1963); Klayman v. Obama, No. 13–0881(RJL), 2013 WL 6598728 (D.D.C. Dec. 16, 2013).

Moreover, in failing to disclose this information, the Government circumvents Congress's wish that a defendant be on notice when NSA surveillance is involved in his criminal prosecution. 50 U.S.C. § 1806.

The disclosure of which prosecutions involved NSA surveillance funneled through the DEA's Special Operations Division is necessary to prevent the Government from immunizing controversial surveillance practices from judicial and public scrutiny. Such immunization of novel constitutional questions is anathema to our fundamental system of open government.

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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,

Avinash Samarth

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 April 3, 2014. 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 April 3, 2014. 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 April 3, 2014. 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 April 3, 2014. Please let me know when I can expect to receive a response, or if further clarification is needed.

Thank you for your help.

From: McEachin, Landis (USAEO) [Contractor]


From: McEachin, Landis (USAEO) [Contractor]


From: MuckRock

Hello,

The attached request has been forwarded to your office for processing. Confirmation of receipt and an estimated date of completion would be greatly appreciated.

Thank you very much for your help.

From: Gleaves, Lani (NSD)

Avinash Samarth
MuckRock News
DEPT MR 11165
P.O. Box 55819
Boston, MA 02205-5819

Re: FOIA/PA # 15-004

Dear Ms.:

This is to acknowledge receipt of your email dated September 29, 2014, pertaining to "the case name, docket number, and court of each criminal prosecution, past or present that involved a "tip" from the DEA's Special Operations Division deriving from NSA surveillance." Your Freedom of Information Act request was received in the FOIA office on October 1, 2014.

Our policy is to process FOIA requests on a first-in, first-out basis. Consistent with this policy, every effort will be made to respond to your request as quickly as possible. The actual processing time will depend upon the complexity of the request, whether it involves sensitive or voluminous records, and whether consultations with other agencies or agency components are appropriate. If you have any questions concerning your request, feel free to contact me on (202) 233-0754. Thank you in advance for your continuing patience.

Also, you requested a waiver of processing fees. The request for a fee waiver is under consideration and you will be notified our decision. If you have any questions concerning your request, feel free to contact me on (202) 233-0754. Thank you in advance for your continuing patience.

Sincerely,

Arnetta Mallory

Arnetta Mallory
FOIA Coordinator

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 April 3, 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 #15-004 ; 2014-03872 ; FOIA-2014-01808.

Thank you for your help.

From: Department of Justice, National Security Division

The request has been rejected as being too vague, burdensome or otherwise unprocessable.

From: Department of Justice, National Security Division

The request has been rejected as being too vague, burdensome or otherwise unprocessable.

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