Request for Bureau of Prisons records on visit to CIA Black Site, Nov. 2002

Jeffrey Kaye filed this request with the Bureau of Prisons of the United States of America.
Tracking # AP-2015-04612 ; 2015-02290
Est. Completion None
Status
No Responsive Documents

Communications

From: Jeffrey Kaye

To Whom It May Concern:

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

All records relating to a visit by Bureau of Prisons officials to a CIA black site, believed to be the Salt Pit or "Dark Prison" in Afghanistan, in November 2002. According to the Senate Select Committee on Intelligence "Study on the Central Intelligence Agency's Detention and Interrogation Program" (hereafter "STUDY"), declassified and released on December 3, 2014, "in November 2002, a delegation of several officers from the Federal Bureau of Prisons conducted an assessment of DETENTION SITE COBALT."

In addition, I seek all records relating to a visit by Bureau of Prisons officials to CIA headquarters in December 2002, where "individuals" from the Bureau of Prisons reported on "their inspection of DETENTION SITE COBALT and their training of [one or two words redacted] security staff." - The quoted sections of STUDY come from page 60 of 499 of the report.

By records, I note that I am referring, for example, and not exclusively, to all papers, reports, memoranda, emails, PowerPoint presentations, cables, recordings (video or audio), invoices, payment records, expense slips, airline reservations, accounting reports, personal notes, computer entries, etc.

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,

Jeffrey Kaye

From: OGC Electronic Freedom of Information

Your request for information has been received. Please read this automatic reply carefully as this may be the only response you receive from this office.

If your request involves:

Inmate Records:

Inmate register numbers, age, race, sex, projected release date and location, or date released can be found on the BOP website via the Inmate Locator at:

http://www.bop.gov/iloc2/LocateInmate.jsp

The website contains information on the current prison population and on inmates released from 1982 - present. If your request is for information available on the website, this is the only response you will receive. If you are unable to access the information via the website you may resubmit your request, however, please specify that you were unable to obtain the information from the website. In order that we may continue to provide needed information in a quick and efficient manner, please also indicate why you could not obtain the information from the site.

Additionally, the database we use in our office to search for inmate information is the same database used on our website. If your search results in "NO RECORD FOUND," there is no further search our office can conduct that will provide a different response.

If you are requesting information that is not available via the Inmate Locator, (Inmate register numbers, age, race, sex, projected release date and location, or date released) please be advised that an original release Authorization from that person that is either notarized or contains a penalty of perjury statement is required. For your convenience, you may use form DOJ-361, which can be found on the BOP website for a release authorization. This request must be submitted in writing to:

FOIA/PA Office
320 First Street, N.W.
Washington, D.C. 20534

If you believe you are entitled to the information you seek without authorization from the subject of the record, you should reply to this email, and indicate that you wish us to process your request as is, without authorization. You will need to explain why you are entitled to the information without an authorization. Absent a legally sufficient reason for releasing the records without consent, your request will be denied and appeal rights will be given. Otherwise, this is the only response you will receive to such requests until a written request is submitted.

Requests for records maintained on non-inmate persons:

Requests for information on an individual cannot be processed without a current, original release Authorization from that person that is either notarized or contains a penalty of perjury statement. For your convenience, you may use form DOJ-361, which can be found on the BOP website for a release authorization. This request must be submitted in writing to:

FOIA/PA Office
320 First Street, N.W.
Washington, D.C. 20534

If you believe you are entitled to the information you seek without authorization from the subject of the record, you should reply to this text and indicate that you wish us to process your request as is, without authorization. Otherwise, this is the only response you will receive to such requests until a written request is submitted.

Requests for information not related to an individual:

All other requests will be processed and a response forwarded as soon as possible.

BOP's FOIA Service Center:

You may check the status of a request by contacting the BOP's FOIA Service Center (FSC) at 202.616.7750. Please note that this service is available only to requesters seeking information concerning the status of a submitted FOIA request.

From: White, Alex

Please see attached acknowledgment to your request for information.

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 Jan. 14, 2015. Please let me know when I can expect to receive a response, or if further clarification is needed. You had assigned it reference number #2015-02290.

Thank you for your help.

From: OGC Electronic Freedom of Information

Your request for information has been received. Please read this automatic reply carefully as this may be the only response you receive from this office.

If your request involves:

Inmate Records:

Inmate register numbers, age, race, sex, projected release date and location, or date released can be found on the BOP website via the Inmate Locator at:

http://www.bop.gov/iloc2/LocateInmate.jsp

The website contains information on the current prison population and on inmates released from 1982 - present. If your request is for information available on the website, this is the only response you will receive. If you are unable to access the information via the website you may resubmit your request, however, please specify that you were unable to obtain the information from the website. In order that we may continue to provide needed information in a quick and efficient manner, please also indicate why you could not obtain the information from the site.

Additionally, the database we use in our office to search for inmate information is the same database used on our website. If your search results in "NO RECORD FOUND," there is no further search our office can conduct that will provide a different response.

If you are requesting information that is not available via the Inmate Locator, (Inmate register numbers, age, race, sex, projected release date and location, or date released) please be advised that an original release Authorization from that person that is either notarized or contains a penalty of perjury statement is required. For your convenience, you may use form DOJ-361, which can be found on the BOP website for a release authorization. This request must be submitted in writing to:

FOIA/PA Office
320 First Street, N.W.
Washington, D.C. 20534

If you believe you are entitled to the information you seek without authorization from the subject of the record, you should reply to this email, and indicate that you wish us to process your request as is, without authorization. You will need to explain why you are entitled to the information without an authorization. Absent a legally sufficient reason for releasing the records without consent, your request will be denied and appeal rights will be given. Otherwise, this is the only response you will receive to such requests until a written request is submitted.

Requests for records maintained on non-inmate persons:

Requests for information on an individual cannot be processed without a current, original release Authorization from that person that is either notarized or contains a penalty of perjury statement. For your convenience, you may use form DOJ-361, which can be found on the BOP website for a release authorization. This request must be submitted in writing to:

FOIA/PA Office
320 First Street, N.W.
Washington, D.C. 20534

If you believe you are entitled to the information you seek without authorization from the subject of the record, you should reply to this text and indicate that you wish us to process your request as is, without authorization. Otherwise, this is the only response you will receive to such requests until a written request is submitted.

Requests for information not related to an individual:

All other requests will be processed and a response forwarded as soon as possible.

BOP's FOIA Service Center:

You may check the status of a request by contacting the BOP's FOIA Service Center (FSC) at 202.616.7750. Please note that this service is available only to requesters seeking information concerning the status of a submitted FOIA request.

From: OGC Electronic Freedom of Information

Good afternoon,

Currently, our office is awaiting documents search from various field offices. Please feel free to check back with our office in the next week or so for further inquiry.

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 Jan. 14, 2015. Please let me know when I can expect to receive a response, or if further clarification is needed. You had assigned it reference number #2015-02290.

Thank you for your help.

From: OGC Electronic Freedom of Information

Your request for information has been received. Please read this automatic reply carefully as this may be the only response you receive from this office.

If your request involves:

Inmate Records:

Inmate register numbers, age, race, sex, projected release date and location, or date released can be found on the BOP website via the Inmate Locator at:

http://www.bop.gov/iloc2/LocateInmate.jsp

The website contains information on the current prison population and on inmates released from 1982 - present. If your request is for information available on the website, this is the only response you will receive. If you are unable to access the information via the website you may resubmit your request, however, please specify that you were unable to obtain the information from the website. In order that we may continue to provide needed information in a quick and efficient manner, please also indicate why you could not obtain the information from the site.

Additionally, the database we use in our office to search for inmate information is the same database used on our website. If your search results in "NO RECORD FOUND," there is no further search our office can conduct that will provide a different response.

If you are requesting information that is not available via the Inmate Locator, (Inmate register numbers, age, race, sex, projected release date and location, or date released) please be advised that an original release Authorization from that person that is either notarized or contains a penalty of perjury statement is required. For your convenience, you may use form DOJ-361, which can be found on the BOP website for a release authorization. This request must be submitted in writing to:

FOIA/PA Office
320 First Street, N.W.
Washington, D.C. 20534

If you believe you are entitled to the information you seek without authorization from the subject of the record, you should reply to this email, and indicate that you wish us to process your request as is, without authorization. You will need to explain why you are entitled to the information without an authorization. Absent a legally sufficient reason for releasing the records without consent, your request will be denied and appeal rights will be given. Otherwise, this is the only response you will receive to such requests until a written request is submitted.

Requests for records maintained on non-inmate persons:

Requests for information on an individual cannot be processed without a current, original release Authorization from that person that is either notarized or contains a penalty of perjury statement. For your convenience, you may use form DOJ-361, which can be found on the BOP website for a release authorization. This request must be submitted in writing to:

FOIA/PA Office
320 First Street, N.W.
Washington, D.C. 20534

If you believe you are entitled to the information you seek without authorization from the subject of the record, you should reply to this text and indicate that you wish us to process your request as is, without authorization. Otherwise, this is the only response you will receive to such requests until a written request is submitted.

Requests for information not related to an individual:

All other requests will be processed and a response forwarded as soon as possible.

BOP's FOIA Service Center:

You may check the status of a request by contacting the BOP's FOIA Service Center (FSC) at 202.616.7750. Please note that this service is available only to requesters seeking information concerning the status of a submitted FOIA request.

From: OGC Electronic Freedom of Information

This request is in the review process, waiting for approval.

From: White, Alex

Dear Mr. Kaye,
Please see attached response to your request for records from the Bureau of Prisons.

From: Jeffrey Kaye

Office of Information Policy
U.S. Department of Justice
1425 New York Ave., Suite 11050
Washington, DC. 20530-0001

Re Freedom of Information Act Appeal to Federal Bureau of Prisons
Reference No. 2015-02290

To Whom It May Concern:

This letter constitutes an appeal of a determination of no responsive records for the FOIA request referenced above.

In a letter dated April 22, 2015, Ronald Rodgers Senior Counsel at the Department of Justice wrote to inform me, “Bureau of Prisons staff conducted a search through multiple divisions for responsive records to your request. A search was conducted, utilizing but not limited to, search parameters you provided in your request, by the Correctional Programs Division (CPD), Administrative Division (ADM), Office of the General Counsel (OGC), and Information, Policy, Public Affairs Division (IPPA) and no records were found. There are no other locations where these types of records would be stored that would likely lead to the discovery of the records with a reasonable amont [sic] of effort.”

For the record, my original request, dated January 14, 2015 asked for:

"All records relating to a visit by Bureau of Prisons officials to a CIA black site, believed to be the Salt Pit or 'Dark Prison' in Afghanistan, in November 2002. According to the Senate Select Committee on Intelligence 'Study on the Central Intelligence Agency's Detention and Interrogation Program' (hereafter 'STUDY'), declassified and released on December 3, 2014, 'in November 2002, a delegation of several officers from the Federal Bureau of Prisons conducted an assessment of DETENTION SITE COBALT.'

"In addition, I seek all records relating to a visit by Bureau of Prisons officials to CIA headquarters in December 2002, where 'individuals' from the Bureau of Prisons reported on 'their inspection of DETENTION SITE COBALT and their training of [one or two words redacted] security staff.' - The quoted sections of STUDY come from page 60 of 499 of the report.

"By records, I note that I am referring, for example, and not exclusively, to all papers, reports, memoranda, emails, PowerPoint presentations, cables, recordings (video or audio), invoices, payment records, expense slips, airline reservations, accounting reports, personal notes, computer entries, etc."

I believe that BOP’s search was inadequate; it did not cover enough relevant BOP systems of record; and did not constitute a “good-faith” effort by BOP, given the publicly released statements by the Senate Select Committee of Intelligence that such meetings with BOP officials did indeed take place, as described in my original request.

The BOP search is deemed inadequate as prima facie failing to find a result on a historically documented event. It stretches credulity to believe that no documents regarding the visits by BOP personnel to a CIA black site, nor the visits of BOP personnel to the headquarters of the CIA, as described in my initial request, exist.

An example of records systems that evidently were not searched, but could plausibly contain records for potential release, include, not exclusively, System BOP-011, Telephone Activity Record System; BOP-101, The National Institute of Corrections Technical Resource Provider Record System; BOP-015- Outside Employment Requests Record System (particularly if contractors were used to liaison with CIA); and BOP-012, Office of Internal Affairs Investigative Records (with a presumption that the BOP visits possibly were related to attempts to “promote economy, efficiency, and effectiveness in BOP program administration by preventing and detecting fraud, waste, and abuse in program operations,” as described in OIA description as published by the National Archives – see URL: http://www.archives.gov/records-mgmt/rcs/schedules/departments/department-of-justice/rg-0129/n1-129-01-002_sf115.pdf

It appears possible that the BOP visits and collaboration with the CIA in regards to their black sites program was part of a Special Access Program (SAP), and therefore cannot be acknowledged. If so, I would have expected a so-called Glomar response [Wilner v National Security Agency, 592 F.3d 60, 70 (2d Cir. 2009)]. But since the BOP's presence at Detention Site COBALT was publicly revealed by the SSCI report, therefore a Glomar response is inappropriate. The revelations concerning BOP at COBALT also argues that the BOP visit was not part of a SAP, or that the SAP in question was subsequently released somewhat into the public domain, at least as far as the BOP visit is concerned.

Given that a “Glomar” response was inappropriate, and that such an event did take place, as documented in a government document, the BOP search seems not to have been taken with “good faith,” or it’s possible that the results of such a search have been illegally withheld.

I ask that my appeal be granted and the appropriate documents undergo further search and subsequent release, as provided under the law.

Sincerely,
Jeffrey Kaye
MuckRock News

From: OGC Electronic Freedom of Information

Your request for information has been received. Please read this automatic reply carefully as this may be the only response you receive from this office.

If your request involves:

Inmate Records:

Inmate register numbers, age, race, sex, projected release date and location, or date released can be found on the BOP website via the Inmate Locator at:

http://www.bop.gov/iloc2/LocateInmate.jsp

The website contains information on the current prison population and on inmates released from 1982 - present. If your request is for information available on the website, this is the only response you will receive. If you are unable to access the information via the website you may resubmit your request, however, please specify that you were unable to obtain the information from the website. In order that we may continue to provide needed information in a quick and efficient manner, please also indicate why you could not obtain the information from the site.

Additionally, the database we use in our office to search for inmate information is the same database used on our website. If your search results in "NO RECORD FOUND," there is no further search our office can conduct that will provide a different response.

If you are requesting information that is not available via the Inmate Locator, (Inmate register numbers, age, race, sex, projected release date and location, or date released) please be advised that an original release Authorization from that person that is either notarized or contains a penalty of perjury statement is required. For your convenience, you may use form DOJ-361, which can be found on the BOP website for a release authorization. This request must be submitted in writing to:

FOIA/PA Office
320 First Street, N.W.
Washington, D.C. 20534

If you believe you are entitled to the information you seek without authorization from the subject of the record, you should reply to this email, and indicate that you wish us to process your request as is, without authorization. You will need to explain why you are entitled to the information without an authorization. Absent a legally sufficient reason for releasing the records without consent, your request will be denied and appeal rights will be given. Otherwise, this is the only response you will receive to such requests until a written request is submitted.

Requests for records maintained on non-inmate persons:

Requests for information on an individual cannot be processed without a current, original release Authorization from that person that is either notarized or contains a penalty of perjury statement. For your convenience, you may use form DOJ-361, which can be found on the BOP website for a release authorization. This request must be submitted in writing to:

FOIA/PA Office
320 First Street, N.W.
Washington, D.C. 20534

If you believe you are entitled to the information you seek without authorization from the subject of the record, you should reply to this text and indicate that you wish us to process your request as is, without authorization. Otherwise, this is the only response you will receive to such requests until a written request is submitted.

Requests for information not related to an individual:

All other requests will be processed and a response forwarded as soon as possible.

BOP's FOIA Service Center:

You may check the status of a request by contacting the BOP's FOIA Service Center (FSC) at 202.616.7750. Please note that this service is available only to requesters seeking information concerning the status of a submitted FOIA request.

From: OGC Electronic Freedom of Information

Please submit your appeal through the address provided to you in the
response letter dated April 22, 2015.

From: MuckRock

Office of Information Policy
U.S. Department of Justice
1425 New York Ave., Suite 11050
Washington, DC. 20530-0001

Re Freedom of Information Act Appeal to Federal Bureau of Prisons
Reference No. 2015-02290

To Whom It May Concern:

This letter constitutes an appeal of a determination of no responsive records for the FOIA request referenced above.

In a letter dated April 22, 2015, Ronald Rodgers Senior Counsel at the Department of Justice wrote to inform me, “Bureau of Prisons staff conducted a search through multiple divisions for responsive records to your request. A search was conducted, utilizing but not limited to, search parameters you provided in your request, by the Correctional Programs Division (CPD), Administrative Division (ADM), Office of the General Counsel (OGC), and Information, Policy, Public Affairs Division (IPPA) and no records were found. There are no other locations where these types of records would be stored that would likely lead to the discovery of the records with a reasonable amont [sic] of effort.”

For the record, my original request, dated January 14, 2015 asked for:

"All records relating to a visit by Bureau of Prisons officials to a CIA black site, believed to be the Salt Pit or 'Dark Prison' in Afghanistan, in November 2002. According to the Senate Select Committee on Intelligence 'Study on the Central Intelligence Agency's Detention and Interrogation Program' (hereafter 'STUDY'), declassified and released on December 3, 2014, 'in November 2002, a delegation of several officers from the Federal Bureau of Prisons conducted an assessment of DETENTION SITE COBALT.'

"In addition, I seek all records relating to a visit by Bureau of Prisons officials to CIA headquarters in December 2002, where 'individuals' from the Bureau of Prisons reported on 'their inspection of DETENTION SITE COBALT and their training of [one or two words redacted] security staff.' - The quoted sections of STUDY come from page 60 of 499 of the report.

"By records, I note that I am referring, for example, and not exclusively, to all papers, reports, memoranda, emails, PowerPoint presentations, cables, recordings (video or audio), invoices, payment records, expense slips, airline reservations, accounting reports, personal notes, computer entries, etc."

I believe that BOP’s search was inadequate; it did not cover enough relevant BOP systems of record; and did not constitute a “good-faith” effort by BOP, given the publicly released statements by the Senate Select Committee of Intelligence that such meetings with BOP officials did indeed take place, as described in my original request.

The BOP search is deemed inadequate as prima facie failing to find a result on a historically documented event. It stretches credulity to believe that no documents regarding the visits by BOP personnel to a CIA black site, nor the visits of BOP personnel to the headquarters of the CIA, as described in my initial request, exist.

An example of records systems that evidently were not searched, but could plausibly contain records for potential release, include, not exclusively, System BOP-011, Telephone Activity Record System; BOP-101, The National Institute of Corrections Technical Resource Provider Record System; BOP-015- Outside Employment Requests Record System (particularly if contractors were used to liaison with CIA); and BOP-012, Office of Internal Affairs Investigative Records (with a presumption that the BOP visits possibly were related to attempts to “promote economy, efficiency, and effectiveness in BOP program administration by preventing and detecting fraud, waste, and abuse in program operations,” as described in OIA description as published by the National Archives – see URL: http://www.archives.gov/records-mgmt/rcs/schedules/departments/department-of-justice/rg-0129/n1-129-01-002_sf115.pdf

It appears possible that the BOP visits and collaboration with the CIA in regards to their black sites program was part of a Special Access Program (SAP), and therefore cannot be acknowledged. If so, I would have expected a so-called Glomar response [Wilner v National Security Agency, 592 F.3d 60, 70 (2d Cir. 2009)]. But since the BOP's presence at Detention Site COBALT was publicly revealed by the SSCI report, therefore a Glomar response is inappropriate. The revelations concerning BOP at COBALT also argues that the BOP visit was not part of a SAP, or that the SAP in question was subsequently released somewhat into the public domain, at least as far as the BOP visit is concerned.

Given that a “Glomar” response was inappropriate, and that such an event did take place, as documented in a government document, the BOP search seems not to have been taken with “good faith,” or it’s possible that the results of such a search have been illegally withheld.

I ask that my appeal be granted and the appropriate documents undergo further search and subsequent release, as provided under the law.

Sincerely,
Jeffrey Kaye
MuckRock News

From: OIP-NoReply

Please do not reply to this e-mail, as this account is not monitored. To ensure a prompt reply, please direct any inquiries to the contact information listed in the correspondence provided to you. Thank you.

From: OIP-NoReply

Please do not reply to this e-mail, as this account is not monitored. To ensure a prompt reply, please direct any inquiries to the contact information listed in the correspondence provided to you. Thank you.

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