Pentagon Riot of October 21, 1967 (Department of Justice, United States Marshals)

Emma Best filed this request with the Department of Justice, United States Marshals of the United States of America.
Tracking # 2017USMS31760
Due Aug. 9, 2017
Est. Completion None
Status
Awaiting Response

Communications

From: Michael Best

To Whom It May Concern:

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

Records relating to the Pentagon Riot of October 21, 1967.

I am a member of the news media and request classification as such. I have previously written about the government and its activities for AND Magazine, MuckRock and Glomar Disclosure and have an open arrangement with each. My articles have been widely read, with some reaching over 100,000 readers. As such, as I have a reasonable expectation of publication and my editorial and writing skills are well established. In addition, I discuss and comment on the files online and make them available through the non-profit Internet Archive, 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 such, my primary purpose is to inform about government activities by reporting on it and making the raw data available and I therefore request that fees be waived. Per DOJ FOIA guidance, "a requester should be granted a fee waiver if the requested information (1) sheds light on the activities and operations of the government; (2) is likely to contribute significantly to public understanding of those operations and activities; and (3) is not primarily in the commercial interest of the requester." As this FOIA meets all of those requirements (see above), a fee waiver is warranted.

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,

Michael Best

From: Hughes, Tiwiya (USMS)

Due to the high volume of request we are receiving . Our specialist are working as diligently as they can to get out all request on time. Your request has been assigned to Cynthia Castaneda and 2017USMS31760 is your request number. Please be patient and know that your request is being worked on.
Regards,
Tiwiya

From: Hughes, Tiwiya (USMS)

Please do not send your request to me. Please send them to the USMS FOIA email.
Regards,
Tiwiya

From: Castaneda, Cynthia (USMS)

The United States Marshals Service is in receipt of your Freedom of Information/Privacy Act (FOIA/PA) request for records as subject above. We have commenced a search for documents responsive to your request and will contact you when our processing is complete. Due to a staff shortage, this office is currently experiencing a backlog, and your patience is appreciated.

Although we are unable to determine at this time the amount of fees to be charged to you, if any, the filing of your request constitutes your agreement to pay all applicable fees that may be charged under Department of Justice FOIA/PA regulations in excess of $25.00. You will be notified as soon as practicable if the estimated or actual fee for satisfying your request exceeds $25.00. Your request for a waiver of fees will be addressed if and when any responsive records are located.

Should you have any questions, please contact Cynthia A. Castaneda at (703) 740-3935 or the FOIA Service Center at (703) 740-3943.

Cynthia Castaneda
Government Information Specialist
United States Marshals Service
Office of General Counsel
Bldg. CG-3, 15th Floor
Washington, D.C. 20530-0001
Direct: (703) 740-3935
Main: (703) 740-3943
Fax: (703) 740-3980
Cynthia.Castaneda@usdoj.gov<mailto:Cynthia.Castaneda@usdoj.gov>

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