Records of disciplinary incidents in Brooklyn MDC and USP Tucson

To Whom It May Concern:

Pursuant to the Freedom of Information Act, I hereby request the following records:

All Bureau of Prisons records concerning any and all disciplinary matters of the inmate with register number 57005-177, named "Keith Allen Raniere," whose imprisonment has been at USP Tucson in Arizona and the Metropolitan Detention Complex in Brooklyn, NY from 2018 until 2022.

I specifically request copies of the following forms where a search for the register number or name in retrieves a result in the corresponding appropriate form field:

BP-A0288 Incident Report
BP-A0294 Notice of Discipline Hearing Before the (DHO)
BP-A0304 Discipline Hearing Officer Report
BP-A0308 Administrative Detention Order

This material falls within the System of Records, "Inmate Central Records System, JUSTICE/BOP—005."

According to the corresponding System of Records Notice for JUSTICE/BOP—005, "all or a portion of the records or information contained in this system of records may be disclosed as a routine use," and it is permitted to release information "[t]o the news media and the public pursuant to 28 CFR 50.2." (For reference, please see 84 FR 19808, https://www.federalregister.gov/d/2019-09204)

In turn, 28 CFR 50.2 states , "Personnel of the Department of Justice, subject to specific limitations imposed by law or court rule or order, may make public the following information: The defendant's name, age, residence, employment, marital status, and similar background information; The substance or text of the charge, such as a complaint, indictment, or information; The identity of the investigating and/or arresting agency and the length or scope of an investigation; The circumstances immediately surrounding an arrest, including the time and place of arrest, resistance, pursuit, possession and use of weapons, and a description of physical items seized at the time of arrest." (See also, https://www.govinfo.gov/app/details/CFR-2021-title28-vol2/CFR-2021-title28-vol2-sec50-2)

Where any record responsive to search is a mixture of non-exempt and exempt material, I request the reasonably segregable portion of the record after redaction of the portions which are exempt.

Finally, please note that there is no grounds to claim privacy, as it is widely known through media reports that the individual above has been subject to Bureau discipline.

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,

T. McElwee

This is a formal appeal of the agency's determination in Request Number: 2022-04587.

I appeal on the grounds that the agency incorrectly cites 5 U.S.C. § 552(b)(6) and § 552(b)(7)(C) (privacy exemptions) in a fashion that is both overly broad and inconsistent.

In short, I want records that determine under what circumstances Mr. Raniere was sent to a Secure Housing Unit for disciplinary purposes.

The Bureau of Prisons, in its own System of Records Notice and in regulations by the DOJ, is permitted to provide records from the Inmate Central Records System to the public as a routine use that include "the substance or text of the charge, such as a complaint, indictment, or information." The request is for material discussing disciplinary proceedings against Keith Allen Raniere which are equivalent to a criminal complaint and adjudicative process, and where there is no reasonable expectation or requirement for either privacy or secrecy.

T. McElwee