Roger Stone's first independent counsel

Emma Best filed this request with the National Archives and Records Administration of the United States of America.
Tracking #

NARA-NGC-2018-000780

Due Sept. 10, 2018
Est. Completion None
Status
Awaiting Response

Communications

From: Emma Best


To Whom It May Concern:

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

Copies of the Records of Independent Counsel James McKay relating to Roger Stone, described on https://www.archives.gov/research/investigations/mckay.

I am a member of the news media and request classification as such. I have previously written about the government and its activities, with some reaching over 100,000 readers. As such, as I have a reasonable expectation of publication and my editorial and writing skills are well established. In addition, I discuss and comment on the files online and make them available through non-profits such as the Internet Archive and MuckRock, disseminating them to a large audience.

Case law states that “proof of the ability to disseminate the released information to a broad cross- section of the public is not required.” Judicial Watch, Inc. v. Dep’t of Justice, 365 F.3d 1108, 1126 (D.C. Cir. 2004); see Carney v. U.S. Dep’t of Justice, 19 F.3d 807, 814-15 (2d Cir. 1994). Courts have held that "qualified because it also had “firm” plans to “publish a number of . . . ‘document sets’” concerning United States foreign and national security policy." Under this criteria, as well, I qualify as a member of the news media.

Additionally, courts have held that the news media status "focuses on the nature of the requester, not its request. The provision requires that the request be “made by” a representative of the news media. Id. § 552(a)(4)(A)(ii)(II). A newspaper reporter, for example, is a representative of the news media regardless of how much interest there is in the story for which he or she is requesting information." As such, the details of the request are moot for the purposes of determining the fee category.

As my primary purpose is to inform about government activities by reporting on it and making the raw data available, I request that fees be waived.

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,

Emma Best

From: National Archives and Records Administration

This message is to confirm your request submission to the FOIAonline application: View Request. Request information is as follows: (https://www.foiaonline.gov/foiaonline/action/public/submissionDetails?trackingNumber=NARA-NGC-2018-000780&type=request)
* Tracking Number: NARA-NGC-2018-000780
* Requester Name: Emma Best
* Date Submitted: 08/13/2018
* Request Status: Submitted
* Description: To Whom It May Concern:
Pursuant to the Freedom of Information Act, I hereby request the following records:
Copies of the Records of Independent Counsel James McKay relating to Roger Stone, described on https://www.archives.gov/research/investigations/mckay.
I am a member of the news media and request classification as such. I have previously written about the government and its activities, with some reaching over 100,000 readers. As such, as I have a reasonable expectation of publication and my editorial and writing skills are well established. In addition, I discuss and comment on the files online and make them available through non-profits such as the Internet Archive and MuckRock, disseminating them to a large audience.
Case law states that “proof of the ability to disseminate the released information to a broad cross- section of the public is not required.” Judicial Watch, Inc. v. Dep’t of Justice, 365 F.3d 1108, 1126 (D.C. Cir. 2004); see Carney v. U.S. Dep’t of Justice, 19 F.3d 807, 814-15 (2d Cir. 1994). Courts have held that "qualified because it also had “firm” plans to “publish a number of . . . ‘document sets’” concerning United States foreign and national security policy." Under this criteria, as well, I qualify as a member of the news media.
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,
Emma Best

From: National Archives and Records Administration

Dear Ms. Best,

Thank you for submitting your Freedom of Information Act request to the
National Archives and Records Administration, via the *FOIAOnline*
website. We received your request on August 13, 2018.

This office handles FOIA and Privacy Act requests for the National Archives
and Records Administration's *operational* records (records created by this
agency). Because your *FOIAOnline* request is for records that may be
*archival* records (records that were created by or originated in a
different agency but that may have been transferred to the legal custody of
NARA), we have forwarded it to our *Office of Research Services, Special
Access and FOIA* staff who handle FOIA requests for archival records.

Since the *Office of Research Services, Special Access and FOIA* does not
process FOIA requests through *FOIAOnline*, your request has been removed
from the *FOIAOnline* website and you will be assigned a new tracking
number by that office within the next 20 business days. If you would like
to follow up with that office directly, please contact them at the address
below, or electronically via email.

Special Access and FOIA Staff (RD-F)

8601 Adelphi Road, Room 5500

College Park, MD 20740

By phone: 301-837-3190

By fax: 301-837-1864

By email: specialaccess_foia@nara.gov

For your reference, a copy of your request is below.

Please visit our website at www.archives.gov/foia for further information
about FOIA. On our main website, www.archives.gov, you can learn more
about the resources we offer to the public, and you can access our online
catalog.

Thank you for contacting the National Archives

Sincerely,
Susan Gillett
Government Information Specialist
Office of General Counsel
National Archives and Records Administration
College Park, MD 20740-6001
301-837-3409
susan.gillett@nara.gov

---------- Forwarded message ----------
From: <admin@foiaonline.gov>
Date: Mon, Aug 13, 2018 at 12:18 PM
Subject: FOIA Request Deletion: NARA-NGC-2018-000780
To: susan.gillett@nara.gov

Below is an export of the submitted request information for the FOIA
request NARA-NGC-2018-000780.

- *Name and Address*
- First Name: Emma
- Middle Initial:
- Last Name: Best
- Organization:
- Mailing Address Location: United States/U.S. Territories
- Address Line 1: MuckRock News, 411A Highland Ave
- Address Line 2: DEPT MR 59324
- City: Somerville
- State/Province: MA
- Zip/Postal Code: 02144
- *Contact Information*
- E-mail Address: requests@muckrock.com
- Phone Number:
- Fax Number:
- *Agency and Fee Information*
- Assigned Agency: NGC - Office of General Counsel
- Will Pay Up To: $0.00
- *Description*
- To Whom It May Concern:

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

Copies of the Records of Independent Counsel James McKay relating to
Roger Stone, described on https://www.archives.gov/
research/investigations/mckay.

I am a member of the news media and request classification as such. I
have previously written about the government and its activities,
with some
reaching over 100,000 readers. As such, as I have a reasonable
expectation
of publication and my editorial and writing skills are well
established. In
addition, I discuss and comment on the files online and make
them available
through non-profits such as the Internet Archive and MuckRock,
disseminating them to a large audience.

Case law states that “proof of the ability to disseminate the
released information to a broad cross- section of the public is not
required.” Judicial Watch, Inc. v. Dep’t of Justice, 365 F.3d 1108, 1126
(D.C. Cir. 2004); see Carney v. U.S. Dep’t of Justice, 19 F.3d
807, 814-15
(2d Cir. 1994). Courts have held that "qualified because it also
had “firm”
plans to “publish a number of . . . ‘document sets’” concerning United
States foreign and national security policy." Under this
criteria, as well,
I qualify as a member of the news media.

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,

Emma Best
- *Fee Waiver*
- Fee Waiver Requested: Yes
- Fee Waiver Reason: courts have held that the news media status
"focuses on the nature of the requester, not its request. The provision
requires that the request be “made by” a representative of the
news media.
Id. § 552(a)(4)(A)(ii)(II). A newspaper reporter, for example, is a
representative of the news media regardless of how much interest there is
in the story for which he or she is requesting information." As such, the
details of the request are moot for the purposes of determining the fee
category. As my primary purpose is to inform about government
activities by
reporting on it and making the raw data available, I request that fees be
waived.
- *Expedited Processing*
- Expedited Processing Requested: No
- Expedited Processing Reason:

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