Rejected

Records related to Bradley Manning

Aaron Swartz made this request to U.S. Army Criminal Investigation Command of the United States of America.

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Aaron Swartz 02/09/2011

To Whom It May Concern:

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

Any records related to Bradley Manning or his confinement in Quantico Brig.

In particular, please process as quickly as possible a request for the government-curated audio tapes created in Quantico brig visitation room #2 on December 18 and December 19 2010 from 1:00pm – 3:00pm. These tapes may also contain a recording of David M. House; I have permission from David House under the Privacy Act to request these records.

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,

Aaron Swartz
Filed via MuckRock.com
E-mail (Preferred): requests@muckrock.com
Daytime: (617) 299-1832
For mailed responses, please address:
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Department of the Army 02/24/2011

U.S. Army 03/02/2011

Aaron Swartz 03/02/2011

On the 28th of February, the US Army's Freedom of Information Act Officer declined to release documents I requested under FOIA/PA because they "are part of an ongoing Army court-martial litigation."

Being part of ongoing litigation is not a valid exemption to the FOIA or the Privacy Act.

There are narrow exemptions for certain types of release that interfere with law enforcement activities, but the Army has not claimed these exemptions nor explained why they apply. Furthermore, the normal procedure is to collect the documents and then evaluate them to see whether any portions of them qualify for the exemption. It appears the Army did not collect documents in response to my request at all, so I do not see how it could have evaluated them.

I therefore appeal my request in its entirety.

U.S. Army Crime Records Center 03/03/2011

Sir,

You are absolutely correct and I want to apologize for sending you the wrong information. This request is being sent to the Initial Denial Office (IDA) today. Please give them a couple of days to receive it. If you have any questions concerning your request please contact their office at 703-806-0468. There address is:

U.S. Army Crime Records Center
ATTN: CICR-FP
6010 6th Street, Bldg #1465
Fort Belvoir, VA 22060-5585

Toni Jelks

U.S. Army Crime Records Center 03/04/2011

Sir,

Because this request has been denied this request is being sent to the
Initial Denial Office (IDA). Please give them a couple of days to
receive it. If you have any questions concerning your request please
contact their office at 703-806-0468. If you have any questions please
contact me at 703-696-8516. The address below is the IDA office:

U.S. Army Crime Records Center
ATTN: CICR-FP
6010 6th Street, Bldg #1465
Fort Belvoir, VA 22060-5585

Thank You

Toni L. Jelks
Administrative Services Division
Directorate of Human Resources
Fort Myer Military Community, Virginia
(703)-696-8516 DSN 426-8516
toni.jelks@conus.army.mil

U.S. Army Criminal Investigation Command 03/18/2011