DOJ-AP-2016 003084; 16-123
|Submitted||March 16, 2016|
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To Whom It May Concern:
This is a request under the Freedom of Information Act. I hereby request the following records:
Processing notes associated with FOIA Request EMRUFOIA013116-1(Peck, Martin) submitted 31-Jan-2016 and assigned the number specified on 9-Feb-2016 by Evie Sassok.
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, DVD-R, or BD-R 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.
To Whom It May Concern:
I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on March 16, 2016. Please let me know when I can expect to receive a response, or if further clarification is needed.
Thanks for your help, and let me know if further clarification is needed.
A letter stating that the request appeal has been rejected.
DEPT MR 24459
411A Highland Avenue
Somerville, MA 02144
Re: FOIA/PA # 16-123
Dear Mr. Peck:
This is in response your email dated April 13, 2016, seeking the status of a request by Evie Sassok dated February 9, 2016, requesting "Processing notes associated with FOIA Request EMRUFOIA013116-1 submitted January 31, 2016." Our FOIA office received your Freedom of Information request on April 13, 2016.
We sent a letter in March stating that this office has not received any previous or current FOIA requests from Evie Sassok. Therefore, we are unable to process your request as submitted and with this letter, it is closed administratively.
You must administratively appeal by writing to the Director, Office of Information Policy (OIP), United States Department of Justice, Suite 11050, 1425 New York Avenue, NW, Washington, DC 20530-0001, or you may submit an appeal through OIP's eFOIA portal at http://www.justice.gov/oip/efoia-portal.html. Please note that OIP is in the process of transitioning from its current eFOIA portal to the portal on FOIAonline. Please visit the link above for instructions for submitting an appeal electronically. Your appeal must be postmarked or electronically transmitted within 60 days of the date of my response to your request. If you submit your appeal by mail, both the letter and the envelope should be clearly marked "Freedom of Information Act Appeal."
Government Information Specialist
I request appeal of this denial.
Please see the January 2016 court ruling rejecting in clear terms a refusal to provide processing notes for FOIA requests. These are legitimate records routinely produced without the sensitivities carved out by explicit FOIA exemption.
The FBI improperly withheld all records that would show how it responds to Freedom of Information Act requests, a federal judge ruled...
Summarizing the case at issue as one "about how the FBI applies FOIA to FOIA," U.S. District Judge Randolph Moss said the exemption the FBI invoked here covers records compiled for law-enforcement purposes.
It said records related to past FOIA cases would risk "the implicit disclosure of highly sensitive information relating to ongoing investigations, confidential informants and classified national security matters," as paraphrased Friday by Judge Moss.
The FBI also invoked an invasion-of-privacy exception it said covers records tracking the performance of FBI personnel.
A court battle over the requests has been brewing for over three years, and Judge Moss granted each side partial summary judgment last week in a 63-page decision.
In rejecting the government's reliance on the "possible presence" of harm, Moss pointed to recent Supreme Court precedent warning "against permitting even substantial policy considerations to trump the plain language of the FOIA."
"There may be compelling reasons to authorize the FBI to withhold search slips and similar processing records," Moss wrote. "But the FOIA itself does not do so, and the FBI cannot act on the basis of an exemption ... that Congress has not provided."
To avoid further wasted time and cost in legal determinations, I beseech you to acquiesce to this appeal.
05/17/2016 02:53 PM FOIA Request: DOJ-AP-2016-003084
DOJ-AP-2016-003084 has been processed with the following final disposition: Affirmed on Appeal -- No records.