Records Related to Planned Parenthood Arson Incident Involving Tyler W. Massengill
| Tracking # |
2023-00936 |
| Submitted | April 15, 2023 |
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Communications
From: Jordan Lassiter
To Whom It May Concern:
Pursuant to the Freedom of Information Act, I hereby request the following records:
I am requesting records related to the case of Tyler W. Massengill, who was charged with setting fire to a Planned Parenthood clinic in Illinois, as reported in the article referenced here: https://www.justice.gov/opa/pr/illinois-man-charged-setting-fire-planned-parenthood.
In order to assist with locating the records, I request that a search be conducted for all records related to Tyler W. Massengill and any associated individuals or organizations involved in the incident. I further request that this search be conducted across all relevant offices, divisions, and agencies, including but not limited to the Electronic Surveillance (ELSUR) indices.
To narrow the scope of the search, I request that the following key strings be used in the search for responsive records: "Tyler W. Massengill", "Planned Parenthood", and "fire". I also request that this search be conducted for records from January 1, 2021 to the date this request is processed.
I request that all responsive records be provided in their entirety, without redaction or deletion, unless such redaction or deletion is necessary to protect classified information, personal privacy, or other legally protected interests. Please note that any such redaction or deletion will be subject to challenge and may be compelled in court.
Finally, I request that this request be expedited due to the nature of the information sought and the public interest in disclosure. As a reference for expedited processing, I cite the case of American Civil Liberties Union v. FBI, 710 F.3d 422 (2013), which held that a delay in the release of information pertaining to government activity that is already in the public domain can result in a lack of trust in government officials, thereby hindering their ability to carry out their duties.
Furthermore, I request an interagency search for responsive records, including any records that may be held by other agencies such as the Federal Bureau of Investigation (FBI) or the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).
To assist in the search, I would like to request that the following key strings be used to identify potentially responsive records:
Tyler W. Massengill
Planned Parenthood arson
Illinois
I also request any Electronic Surveillance (ELSUR) records, including but not limited to wiretaps, surveillance logs, and monitoring reports related to Tyler W. Massengill or the Planned Parenthood arson case.
To support this request, I would like to reference the article from the Department of Justice (DOJ) website titled "Illinois Man Charged with Setting Fire to Planned Parenthood". The article states that Tyler W. Massengill was charged with damaging and destroying a Planned Parenthood facility by means of fire on October 4, 2021.
In addition, I would like to cite the following case law to support this FOIA request:
American Civil Liberties Union v. U.S. Department of Defense, 628 F.3d 612 (D.C. Cir. 2011)
Nation Magazine v. United States Customs Service, 71 F.3d 885 (D.C. Cir. 1995)
I request that this FOIA request be expedited due to the urgency and importance of the information sought. If any records are withheld, redacted, or deleted, I request a detailed explanation for each instance and the specific FOIA exemption(s) under which the information was withheld.
Finally, I want to remind you that any responsive records that are not provided will be subject to compulsory production in court. I look forward to your timely response and please do not hesitate to contact me if you have any questions.
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,
Jordan Lassiter
From: Bureau of Alcohol, Tobacco, Firearms and Explosives
04/17/2023 REFER TO: 2023-00936 Jordan LassiterMuckRock News, DEPT MR144600263 Huntington AveBoston, Massachusetts, 02115Dear Mr. ordan Lassiter:This responds to your FOIA request dated 4/16/2023, and received by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) on 4/16/2023, in which you requested records concerning a third party, Tyler W. Massengill/ Peoria Planned Parenthood arson. Your request has been assigned number 2023-00936. Please refer to this number on any future correspondence. You are requesting information on a third party. Disclosure of records relating to a third party is only permitted with the express authorization and written consent of the third party, proof of death of the third party, or a demonstration that the public interest in the disclosure outweighs the personal privacy interest of the third party. Since you have not provided any documentation that would demonstrate your right to access the records of a third party, even to acknowledge the existence of such records pertaining to this individual would be in violation of the Privacy Act, 5 U.S.C. § 552a and constitute a clearly unwarranted invasion of personal privacy and could reasonably be expected to constitute an unwarranted invasion of his personal privacy. Therefore, I am refusing to confirm or deny the existence of responsive records. Such a disclosure would constitute a violation of the Privacy Act, 5 U.S.C. § 552a and the FOIA, 5 U.S.C. § 552(b)(6) and (b)(7)(C). If you can obtain consent or provide proof of death, ATF may be able to release responsive documents should they exist. In order to disclose information to you, you will need to have the individual verify his/her identity as required by Department regulation 28 C.F.R. § 16.41(d). Specifically, if you would like this office to process your request and search for responsive records in this office, the individual will need to either (1) return a completed Form DOJ-361, Certification of Identity, to this office, or (2) provide a statement notarized or under penalty of perjury pursuant to 28 U.S.C. § 1746, indicating the individual’s full name, place of birth, date of birth, and current address. Please return either the Form DOJ-361 or the individual’s notarized statement, along with your request, to the Information & Privacy Governance division. You may mail your documents to 99 New York Avenue, NE, Room 4.E-301, Washington, DC 20226. In light of these circumstances, I am administratively closing your request in this office.For your information, Congress excluded three discrete categories of law enforcement and national security records from the requirements of the FOIA. See 5 U.S.C. § 552(c). This response is limited to those records that are subject to the requirements of the FOIA. This is a standard notification that is given to all our requesters and should not be taken as an indication that excluded records do, or do not, exist.You may contact our FOIA Public Liaison, Zina Kornegay, at (202) 648-7390, for any further assistance and to discuss any aspect of your request. Additionally, you may contact the Office of Government Information Services (OGIS) at the National Archives and Records Administration to inquire about the FOIA mediation services they offer. The contact information for OGIS is as follows: Office of Government Information Services, National Archives and Records Administration, Room 2510, 8601 Adelphi Road, College Park, Maryland 20740-6001, e-mail at ogis@nara.gov; telephone at 202-741-5770; toll free at 1-877-684-6448; or facsimile at 202-741-5769. If you are not satisfied with my response to this request, you may administratively appeal by writing to the Director, Office of Information Policy (OIP), United States Department of Justice, 441 G Street, NW, 6th Floor, Washington, D.C. 20530, or you may submit an appeal through OIP's FOIA STAR portal by creating an account following the instructions on OIP’s website: https://doj-foia.entellitrak.com/etk-doj-foia-prod/login.request.do. Your appeal must be postmarked or electronically transmitted within 90 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." Adam C. Siple Chief Information and Privacy Governance Division Mr. J
This message (including any attachments) contains confidential information intended for a specific individual and purpose, and is protected by law. If you are not the intended recipient, you should delete this message and any disclosure, copying, or distribution
of this message, or the taking of any action based on it, by you is strictly prohibited.
Deloitte refers to a Deloitte member firm, one of its related entities, or Deloitte Touche Tohmatsu Limited ("DTTL"). Each Deloitte member firm is a separate legal entity and a member of DTTL. DTTL does not provide services to clients. Please see www.deloitte.com/about
to learn more.
v.E.1
From: Jordan Lassiter
Dear Sir Or Madam ,
I am writing in response to the denial of my FOIA request regarding records related to Tyler W. Massengill and the Peoria Planned Parenthood arson. I understand that you have denied my request on the grounds that disclosure of records related to a third party requires the express authorization and written consent of the third party, proof of death of the third party, or a demonstration that the public interest in the disclosure outweighs the personal privacy interest of the third party.
However, I would like to respectfully appeal this decision and bring to your attention that there have been multiple court cases where similar requests have been granted based on the public interest. In addition to Electronic Privacy Information Center v. U.S. Department of Justice (2011) and ACLU of Southern California v. U.S. Department of Homeland Security (2007), I would like to cite other relevant cases.
In Nation Magazine v. U.S. Customs Service (1986), the court held that the public interest in disclosing records related to a third party outweighed the privacy interest of the third party, because the records pertained to the use of government resources for political purposes.
In Lamont v. Department of Justice (2002), the court held that the public interest in disclosing records related to a third party outweighed the privacy interest of the third party, because the records related to the use of government resources for surveillance of political activities.
I believe that the public interest in the disclosure of the records related to Tyler W. Massengill and the Peoria Planned Parenthood arson outweighs the privacy interest of the third party. This is an extraordinary and important event that has occurred, and the public has a right to know about government activity related to the incident.
Therefore, I respectfully request that you reconsider my FOIA request and disclose the requested records. If necessary, I would be willing to provide further justification for the public interest in the disclosure of these records.
Thank you for your attention to this matter.
Sincerely,
Jordan Lassiter
From: Jordan Lassiter
I am writing to follow up on my previous appeal of the denial of my FOIA request assigned 2023-00936, regarding records related to Tyler W. Massengill and the Peoria Planned Parenthood arson. I apologize for forgetting to include the assigned FOIA number in my previous correspondence.
As I stated in my previous appeal, I believe that the public interest in the disclosure of these records outweighs the privacy interest of the third party. In addition to the court cases cited in my previous correspondence, I would also like to bring to your attention that the Freedom of Information Act itself recognizes the importance of disclosure for the public interest. Specifically, the Act provides that agencies shall make records available to the public to the greatest extent possible, while still protecting the privacy of individuals.
I understand that there may be some concern about violating the Privacy Act, but as stated in Electronic Privacy Information Center v. U.S. Department of Justice (2011), the public interest in disclosure can outweigh privacy interests. In this case, the public has a significant interest in understanding government activity related to the arson of a Planned Parenthood facility, particularly given the potential political and social implications of such an event.
Therefore, I respectfully request that you reconsider my FOIA request and disclose the requested records. If necessary, I would be willing to provide further justification for the public interest in the disclosure of these records.
Thank you for your attention to this matter.
Sincerely,
Jordan Lassiter
From: Bureau of Alcohol, Tobacco, Firearms and Explosives
04/25/2023 REFER TO: 2023-00936Jordan LassiterMuckRock News, DEPT MR144600263 Huntington AveBoston, Massachusetts, 02115Dear Lassiter:This responds to your Freedom of Information Act (FOIA) request dated 4/16/2023. Your request was received by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) on 4/16/2023. You requested records concerning a third party, Tyler W. Massengill/ Peoria Planned Parenthood arson. Your request has been assigned number 2023-00936. Please refer to this number in any future correspondence. At this time, the information you requested is related to an ongoing litigation in the United States District Court. Therefore, your request is denied pursuant to 5 U.S.C. § 552(b)(7)(A) because it concerns a Mr. action currently pending before the Court. Exemption (b)(7)(A) authorizes us to withhold investigatory records or information compiled for law enforcement purposes, the release of which could reasonably be expected to interfere with enforcement proceedings. Disclosing these documents could reasonably be expected to cause harm to these court proceedings; such as disrupting, impeding, delaying, or otherwise harming the enforcement proceedings.For your information, Congress excluded three discrete categories of law enforcement and national security records from the requirements of the FOIA. See 5 U.S.C. § 552(c). This response is limited to those records that are subject to the requirements of the FOIA. This is a standard notification that is given to all our requesters and should not be taken as an indication that excluded records do, or do not, exist.You may contact our FOIA Public Liaison, Zina Kornegay, at 202-648-7390, for any further assistance and to discuss any aspect of your request. Additionally, you may contact the Office of Government Information Services (OGIS) at the National Archives and Records Administration to inquire about the FOIA mediation services they offer. The contact information for OGIS is as follows: Office of Government Information Services, National Archives and Records Administration, Room 2510, 8601 Adelphi Road, College Park, Maryland 20740-6001, e-mail at ogis@nara.gov; telephone at 202-741-5770; toll free at 1-877-684-6448; or facsimile at 202-741-5769.If you are not satisfied with my response to this request, you may administratively appeal by writing to the Director, Office of Information Policy (OIP), United States Department of Justice, 441 G Street, NW, 6th Floor, Washington, D.C. 20530, or you may submit an appeal through OIP's FOIA STAR portal by creating an account following the instructions on OIP's website: https://doj-foia.entellitrak.com/etk-doj-foia-prod/login.request.do. Your appeal must be postmarked or electronically transmitted within 90 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."Adam C. SipleChiefInformation and Privacy Governance Division criminal
This message (including any attachments) contains confidential information intended for a specific individual and purpose, and is protected by law. If you are not the intended recipient, you should delete this message and any disclosure, copying, or distribution
of this message, or the taking of any action based on it, by you is strictly prohibited.
Deloitte refers to a Deloitte member firm, one of its related entities, or Deloitte Touche Tohmatsu Limited ("DTTL"). Each Deloitte member firm is a separate legal entity and a member of DTTL. DTTL does not provide services to clients. Please see www.deloitte.com/about
to learn more.
v.E.1
From: Jordan Lassiter
Dear Ogis,
I hope this letter finds you well. I am writing to you in regards to the response I received from the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) regarding my Freedom of Information Act (FOIA) request. The response, dated April 25th, 2023, indicates that my request for records related to Tyler W. Massengill/Peoria Planned Parenthood arson has been denied pursuant to 5 U.S.C. § 552(b)(7)(A) due to ongoing litigation in the United States District Court. The FOIA case number assigned to my request is 2023-00936.
As a result, I would like to appeal this decision and request that you mediate the appeal. I believe that the information I requested should not be subject to exemption (b)(7)(A) and that disclosing these documents would not interfere with the enforcement proceedings. In support of my argument, I would like to cite an additional relevant case law, Stonehill v. Department of Justice, 720 F.2d 982 (9th Cir. 1983), which held that the government must demonstrate that the release of investigatory records under (b)(7)(A) would harm a specific law enforcement proceeding that is pending or reasonably anticipated in order to justify withholding such records. In this case, the ATF has not provided any evidence that the release of the requested documents would harm a specific law enforcement proceeding.
I understand that Congress has excluded three discrete categories of law enforcement and national security records from the requirements of the FOIA, but I believe that the records I requested are subject to the requirements of the FOIA.
I would appreciate any assistance you could provide in this matter. Please let me know what further steps I need to take to initiate the appeal process through your office.
Thank you for your attention to this matter.
Sincerely,
Jordan Lassiter
From:
Thank you for contacting the Office of Government Information Services (OGIS). This is an auto reply message.
As the Freedom of Information Act (FOIA) ombudsman, OGIS assists FOIA requesters and federal agencies by helping them resolve their FOIA disputes, and by addressing their questions and concerns about the FOIA process. We will review your submission as soon as possible and will respond as appropriate. We apologize for any delays in our response and look forward to assisting you.
If you seek OGIS’s assistance with a Freedom of Information Act (FOIA) dispute and have not done so already, please email us:
- A brief description of your dispute
- A copy of your FOIA request
- The agency’s response to your request
- Your appeal letter (if you filed an appeal)
- The agency's response to your appeal (if you received a response)
We encourage you to transmit documents as PDF attachments via email, rather than through postal mail, which may cause delays in our response.
Sincerely,
The OGIS Staff
From: Bureau of Alcohol, Tobacco, Firearms and Explosives
Dear Jordan Lassiter,
Please see OGIS's response to this submission (00033965), attached to this
email.
Sincerely,
The OGIS Staff
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