Prosecutions Involving DEA-Funnelled NSA Tips

Avinash Samarth filed this request with the Drug Enforcement Administration of the United States of America.
Tracking # 14-00253-F
Est. Completion None
Status
Fix Required

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: Drug Enforcement Administration

An acknowledgement letter, stating the request is being processed.

From: Drug Enforcement Administration

A fix is required to perfect the request. The request has been rejected as being too vague, burdensome or otherwise unprocessable.

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 Feb. 7, 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 #14-00740-F.

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 Feb. 7, 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 #14-00681-F.

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 Feb. 7, 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 #14-00681-F.

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 Feb. 7, 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 #14-00681-F.

Thank you for your help.

From: DEA.FOIA

Mr. Samarth,

We are in receipt of your email dated 4/3/2015 asking about the status of your request, 14-00681-F. However, your documents for this case were mailed to the address given in your initial FOIA request on 2/3/2015. See USPS tracking number RE035935919US. After tracking this package it appears that it was delivered to the address you indicated on 2/11/2015.

Thank you.

DEA FOIA

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