SF-311 forms (Marines - United States Marine Corps, USMC)

Emma Best filed this request with the Marines - United States Marine Corps, USMC of the United States of America.
Tracking #

DON-USMC-2017-003752

Due March 21, 2017
Est. Completion None
Status
Awaiting Response

Communications

From: Michael Best

To Whom It May Concern:

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

Copies of all drafted or submitted SF-311 forms (https://www.archives.gov/files/isoo/security-forms/sf311.pdf) for all available years.

I am a member of the news media and request classification as such. I have previously written about the government and its activities for AND Magazine, MuckRock and Glomar Disclosure and have an open arrangement with each. My articles have been widely read, 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 the non-profit Internet Archive, disseminating them to a large audience. While my research is not limited to this, a great deal of it, including this, focuses on the activities and attitudes of the government itself. As such, it is not necessary for me to demonstrate the relevance of this particular subject in advance. Additionally, 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). Further, 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 itself are moot for the purposes of determining the appropriate fee category. As such, my primary purpose is to inform about government activities by reporting on it and making the raw data available and I therefore request that fees be waived. Per DOJ FOIA guidance, "a requester should be granted a fee waiver if the requested information (1) sheds light on the activities and operations of the government; (2) is likely to contribute significantly to public understanding of those operations and activities; and (3) is not primarily in the commercial interest of the requester." As this FOIA meets all of those requirements (see above), a fee waiver is warranted.

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,

Michael Best

From: HQMC FOIA

Good morning, Mr. Best,

We have initiated a search for the requested records and are still awaiting a response in regards to request DON-USMC-2017-003752. Thank you for your patience and understanding.

FOIA Team

Commandant of the Marine Corps (ARSF)
Headquarters US Marine Corps
3000 Marine Corps Pentagon Rm 2B289
Washington DC 20350-3000

FOIA/PA Phone: (703) 614-4008 DSN: 224
Fax: (703) 614-6287
FOIA Email: hqmcfoia@usmc.mil

FOR OFFICIAL USE ONLY - PRIVACY SENSITIVE: ANY MISUSE OR UNAUTHORIZED
DISCLOSURE MAY RESULT IN CIVIL AND/OR CRIMINAL PENALTIES.
Confidentiality Notice: This e-mail message, including any attachments, is
for the sole use of the intended recipient (s) and may contain confidential
and/or privileged information. Any unauthorized review, use, disclosure or
distribution is prohibited. If you are not the intended recipient, please
contact the sender by e-mail and destroy any copies of the original message.

We value your comments please take time complete the Management Comment Card
via the ICE Tool
http://ice.disa.mil/index.cfm?fa=card&service_provider_id=130985&site_id=341
&dep=DoD

From: HQMC FOIA

Good morning, Mr. Best,

We are still awaiting a response from the holder of the Standard Forms 311 you have requested. As soon as we receive them, we will continue to process your case. Thank you for your patience in this matter.

FOIA Team

Commandant of the Marine Corps (ARSF)
Headquarters US Marine Corps
3000 Marine Corps Pentagon Rm 2B289
Washington DC 20350-3000

FOIA/PA Phone: (703) 614-4008 DSN: 224
Fax: (703) 614-6287
FOIA Email: hqmcfoia@usmc.mil

FOR OFFICIAL USE ONLY - PRIVACY SENSITIVE: ANY MISUSE OR UNAUTHORIZED
DISCLOSURE MAY RESULT IN CIVIL AND/OR CRIMINAL PENALTIES.
Confidentiality Notice: This e-mail message, including any attachments, is
for the sole use of the intended recipient (s) and may contain confidential
and/or privileged information. Any unauthorized review, use, disclosure or
distribution is prohibited. If you are not the intended recipient, please
contact the sender by e-mail and destroy any copies of the original message.

We value your comments please take time complete the Management Comment Card
via the ICE Tool
http://ice.disa.mil/index.cfm?fa=card&service_provider_id=130985&site_id=341
&dep=DoD

From: HQMC FOIA

Good morning, Mr. Best,

Just a quick note to let you know we received records responsive to your request yesterday. We are, therefore, continuing to process your request. In the meanwhile, should you have any questions or concerns, please feel free to contact us.

Regards,

FOIA Team

Commandant of the Marine Corps (ARSF)
Headquarters US Marine Corps
3000 Marine Corps Pentagon Rm 2B289
Washington DC 20350-3000

FOIA/PA Phone: (703) 614-4008 DSN: 224
Fax: (703) 614-6287
FOIA Email: hqmcfoia@usmc.mil

FOR OFFICIAL USE ONLY - PRIVACY SENSITIVE: ANY MISUSE OR UNAUTHORIZED
DISCLOSURE MAY RESULT IN CIVIL AND/OR CRIMINAL PENALTIES.
Confidentiality Notice: This e-mail message, including any attachments, is
for the sole use of the intended recipient (s) and may contain confidential
and/or privileged information. Any unauthorized review, use, disclosure or
distribution is prohibited. If you are not the intended recipient, please
contact the sender by e-mail and destroy any copies of the original message.

We value your comments please take time complete the Management Comment Card
via the ICE Tool
http://ice.disa.mil/index.cfm?fa=card&service_provider_id=130985&site_id=341
&dep=DoD

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