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

Est. Completion None
Status
Fix Required

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:

From: National Archives and Records Administration

Ms. Best--

I am writing in response to your Freedom of Information Act request of
August 13, 2018, for records in the custody of the National Archives and
Records Administration. Your request for Independent Counsel James McKay
files relating to *Roger Stone* was received in this office on August 14,
2018, and assigned FOIA case number *RD 58103*.

I have completed a line-by-line review of two folders totaling 4 pages and
released information to the greatest extent possible. The file has been
redacted to preserve the secrecy of grand jury proceedings per 5 USC 552
(b)(3), pursuant to Rule 6(e) of the Federal Rules of Criminal Procedure. A
summary of the results of this review is provided below:

Roger Stone: 4 total pages; 3 pages released in full and 1 page withheld in
full.

Because of the small number of pages, I have attached the releasable
portions below in .pdf format.

This concludes the processing of your request. If you have additional
questions concerning my review of this file, please contact me directly at
Amanda.Weimer@nara.gov or at (301) 837-0604.

If you are not satisfied with our action on this request, you have the
right to file an administrative appeal within ninety (90) calendar days
from the date of this letter. Appeals must be in writing and may be
delivered by regular U.S. mail or by e-mail. By filing an appeal, you
preserve your rights under the Freedom of Information Act and present the
deciding agency with an opportunity to review your request and reconsider
its decision. If you submit your appeal by regular mail, it should be
addressed to the Deputy Archivist of the United States (ND), National
Archives and Records Administration, 8601 Adelphi Road, Room 4200, College
Park, Maryland 20740-6001. Both the letter and envelope should be clearly
marked “FOIA Appeal.” If you submit your appeal by e-mail, please send it
to foia@nara.gov, addressed to the Deputy Archivist, with the words “FOIA
Appeal” in the subject line. Please be certain to explain why you believe
this response does not meet the requirements of the Freedom of Information
Act. All communications concerning this request should reference FOIA case
number RD 58103.

If you would like the opportunity to discuss our response and attempt to
resolve your dispute without initiating the appeals process, you may
contact our FOIA Public Liaison for assistance:

Accessioned Executive Branch Records – Washington, DC Area

FOIA Requester Service Center: 301-837-3190 <(301)%20837-3190>

Acting FOIA Public Liaison: Britney Crawford

8601 Adelphi Road, Room 5500

College Park, MD 20740-6001

E-mail: dc.foia.liaison@nara.gov

If you are unable to resolve your dispute through our Public Liaison, the
Office of Government Information Services (OGIS) is the federal FOIA
ombudsman. OGIS offers mediation services to help resolve disputes between
FOIA requesters and federal agencies. You may contact OGIS at the following
address:

Office of Government Information Services (OGIS)

National Archives and Records Administration

8601 Adelphi Road, Room 2510

College Park, MD 20740-6001

ogis@nara.gov

202-741-5770 <(202)%20741-5770>

1-877-684-6448 <(877)%20684-6448>

Dr. Amanda Weimer
Special Access and FOIA (RD-F)
National Archives at College Park
8601 Adelphi Road, Room 5500
College Park, MD 20740-6001
+1 (301) 837-0604

https://www.archives.gov/research/foia
Main FOIA Telephone: 301-837-3190

This email is UNCLASSIFIED.

From: National Archives and Records Administration

Ms. Best--

You requested a waiver for reproduction fees ordinarily charged to
researchers.
Records transferred to the custody of the National Archives are exempt from
the fee and fee waiver provisions of the Freedom of Information Act because
a fee schedule was in effect prior to enactment. The applicable section
states that “nothing in this subparagraph shall supersede fees chargeable
under a statute specifically providing for setting the level of fees for
particular types of records” (5 U.S.C. 552 (a)(4)(A)(vi)). The relevant fee
statute authorizes the National Archives “to charge a fee for making or
authenticating copies or reproductions of materials transferred to the
Archivist’s custody.” (44 U.S.C. 2116(c)). The inability to grant the
requested fee waiver does not constitute a denial under the terms of the
Freedom of Information Act.

If you are not satisfied with our action on this request, you have the
right to file an administrative appeal within ninety (90) calendar days
from the date of this letter. Appeals must be in writing and may be
delivered by regular U.S. mail or by e-mail. By filing an appeal, you
preserve your rights under the Freedom of Information Act and present the
deciding agency with an opportunity to review your request and reconsider
its decision. If you submit your appeal by regular mail, it should be
addressed to the Deputy Archivist of the United States (ND), National
Archives and Records Administration, 8601 Adelphi Road, Room 4200, College
Park, Maryland 20740-6001. Both the letter and envelope should be clearly
marked “FOIA Appeal.” If you submit your appeal by e-mail, please send it
to foia@nara.gov, addressed to the Deputy Archivist, with the words “FOIA
Appeal” in the subject line. Please be certain to explain why you believe
this response does not meet the requirements of the Freedom of Information
Act. All communications concerning this request should reference FOIA case
number RD 58103.

If you would like the opportunity to discuss our response and attempt to
resolve your dispute without initiating the appeals process, you may
contact our FOIA Public Liaison for assistance:

Accessioned Executive Branch Records – Washington, DC Area

FOIA Requester Service Center: 301-837-3190

Acting FOIA Public Liaison: Britney Crawford

8601 Adelphi Road, Room 5500

College Park, MD 20740-6001

E-mail: dc.foia.liaison@nara.gov

If you are unable to resolve your dispute through our Public Liaison, the
Office of Government Information Services (OGIS) is the federal FOIA
ombudsman. OGIS offers mediation services to help resolve disputes between
FOIA requesters and federal agencies. You may contact OGIS at the following
address:

Office of Government Information Services (OGIS)

National Archives and Records Administration

8601 Adelphi Road, Room 2510

College Park, MD 20740-6001

ogis@nara.gov

202-741-5770

1-877-684-6448

Dr. Amanda Weimer
Special Access and FOIA (RD-F)
National Archives at College Park
8601 Adelphi Road, Room 5500
College Park, MD 20740-6001
+1 (301) 837-0604

https://www.archives.gov/research/foia
Main FOIA Telephone: 301-837-3190

This email is UNCLASSIFIED.

Files

pages

Close