Professional wrestling antitrust investigation

David Bixenspan filed this request with the Department of Justice, Antitrust Division of the United States of America.
Tracking # 16-105-06, DOJ-AP-2016-005173
Status
Rejected

Communications

From: David Bixenspan

To Whom It May Concern:

This is a request under the Freedom of Information Act. I should be categorized as a media requester. This request is part of my reporting process, and I will use the materials in my coverage (for various outlets including VICE, Wrestling Observer, Fighting Spirit Magazine, and Death & Taxes) of news in the public interest. I hereby request the following records:

Circa the 1950s, the DOJ's antitrust division launched an investigation into the professional wrestling business as overseen by the National Wrestling Alliance. I would like digital copies of all unclassified documents from the investigation as it developed over the years. If the scope needs to be narrowed at all, you could limit it to what has been released in the past. These have been released to various writers/reporters/historians over the years and have been covered in the past by various books, including "Chokehold" by Weldon Johnson and Jim Wilson as well as multiple works by Tim Hornbaker.

I would also like all records of past requests and denials for records pertaining to this investigation

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,

David Bixenspan

From: David Bixenspan

I've received acknowledgement of a FOIA request (tracking number DOJ-2016-003902) that I submitted 18 days after this one, but not this request for the antitrust investigation even though I know that there are responsive documents that have been released before. Please acknowledge this request as soon as possible.

Thanks.

From: Antitrust Foia Web Mailbox

We received your request for records regarding the National Wrestling Association and we are currently conducting a search for responsive records.

Ron Wiercioch
ATR/FOIA Unit

From: David Bixenspan

To Ron and whomever else it may concern,

f I could get further details on the previous requesters/requests for this investigation that got responsive documents, would that help expedite the process at all?

Thanks,
David Bixenspan

From: Antitrust Foia Web Mailbox

Dear Mr. Bixenspan:

We no longer have copies of documents disclosed under the FOIA regarding the National Wrestling Alliance case. The official records relating to that case are now in the possession of the National Archives and Records Administration. We, therefore, do not have access to them anymore. You will have to send a FOIA request to NARA for access to those records. Currently we are searching for any other documents we may have in our possession that may be responsive to your request.

Ron Wiercioch
ATR/FOIA Unit

From: David Bixenspan

Are there any case numbers/reference numbers or anything like that I can use to aid their search?

Thanks,
David Bixenspan

From: Hayes, Shaniece (ATR)

Please see attached.

From: David Bixenspan

To whom it may concern,

This is an appeal under the Freedom of Information Act.

On June 6, 2016, I requested documents under the Freedom of Information Act. My request was assigned the following control number: ATFY16-105. On August 11, 2016, I received a response to my request in a letter signed by Sue Ann Slates. I appeal the completeness of my request:

* There was no Vaughn index included to explain why there were redactions the withheld documents were not produced.

* The records of previous requests have the names of the requesters redacted even though the same names are on the DOJ's FOIA logs without redaction. Please un-redact the requesters' names from the past requests, as this is in line with the same level of redaction (or lack thereof) that you apply to the FOIA logs.

* Please produce all internal and inter-agency communication pertaining to responsive documents being transferred to NARA and/or destroyed.

Thank you for your consideration of this appeal.

Sincerely,
David Bixenspan

From: OIP-NoReply@usdoj.gov

09/02/2016 04:34 PM FOIA Request: DOJ-AP-2016-005173

From: OIP-NoReply@usdoj.gov

DOJ-AP-2016-005173 has been processed with the following final disposition: Affirmed on Appeal -- Improper request for other reasons.

  • Bixenspan, David, DOJ-AP-2016-005173, ATD, affirm 6, no Vaughn, cannot

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