South VN '73 Senate election interference (National Archives And Records Administration – Archival Or Special Access)

Emma North-Best filed this request with the National Archives And Records Administration – Archival Or Special Access of the United States of America.
Multi Request South VN '73 Senate election interference
Est. Completion None
Status
Withdrawn

Communications

From: Emma North-Best


To Whom It May Concern:

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

Materials relating to U.S. efforts in Saigan "to avoid the threat of a "one party" Senate election in South Vietnam," including but not limited to an unredacted copy of the Agency report referred to in LOC-HAK-35-4-24-2, as well as embassy reports about the issue.

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 in outlets such as MuckRock, Motherboard, Property of the People, AND Magazine, Unicorn Riot, and more. 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 library Internet Archive and and the journalist non-profit, MuckRock, 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 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 – Archival Or Special Access

This is an automated reply to inform you that National Archives and Records Administration received your e-mail.

If this is a reference request regarding records in the John F. Kennedy Assassination Records Collection, you must contact our Textual Records Reference Division at archives2reference@nara.gov.

If this is a FOIA request, we are currently assessing your FOIA to determine which organization within NARA can best respond. Once your FOIA is properly routed, our goal is to provide you with a reply within 20 working days* that will either resolve your request or inform you of your FOIA case number and the current status. We will contact you at this e-mail address if we require more information in order to proceed.

Thank You.

*According to the FOIA the 20 working days begins when the FOIA is received by the appropriate component of the agency and is calculated excluding Saturdays, Sundays, and legal public holidays.

From: National Archives And Records Administration – Archival Or Special Access

From: David A. Langbart <david.langbart@nara.gov>
Date: Fri, Nov 9, 2018 at 11:02 AM
Subject: Re: [19-07400] Freedom of Information Act Request RD 59389
To: 63384-43195238@requests.muckruck.com

Dear Ms. Best:

This is in response to your November 5, 2018, Freedom of Information Act
request (RD 59389) about records on U.S. concern with legislative elections
in South Vietnam in 1973 and a specific Central Intelligence Agency
document. We received your request on November 9.

You asked for a waiver of the fees normally charged for providing
researchers with copies of archival records. The fee and fee waiver
provisions of the Freedom of Information Act (FOIA), however, do not apply
to archival records. The FOIA fee 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)(vi)]. Accordingly, the NARA fee statute, 44 U.S.C.
2116(c), and implementing regulations at 36 C.F.R. Part 1258, apply
exclusively to your request, under which the National Archives does not
waive reproduction charges for individual requesters. Our inability to
grant you the requested fee waiver does not constitute a denial for the
purposes of the FOIA.

Records of the National Security Council and the National Security council
staff from the Nixon Administration are in the Richard Nixon Presidential
Library in Yorba Linda, CA. A copy of the document in question might be
among the files in that repository. For more information, please contact
them directly.

Files of the Central Intelligence Agency Directorate of Operations from the
1970s have not been accessioned by the National Archives. The only CIA
operational records transferred to the National Archives are the files
relating to early 1950s operations in Guatemala and the documents
declassified under the Nazi and Japanese War crimes disclosure acts.

The CIA’s operational files are exempt from the Freedom of Information Act
and the Mandatory Declassification Review provisions of the executive order
on declassification.

The primary source for documentation on U.S. foreign policy and events in
various countries is the Department of State central files, part of RG 59:
General Records of the Department of State. More detail is at:
https://www.archives.gov/research/foreign-policy/state-
dept/rg-59-central-files. The following records are generally available
for your examination.

From 1963 to 1973, the Department’s central file is arranged according to a
pre-determined subject-numeric filing scheme and is known as the
Subject-Numeric File. The central file for the 1963-1973 period is broken
into the following blocks: February – December 1963, 1964-1966, 1967-1969,
and 1970-1973. The records are arranged in seven broad subject classes:
♦Administration
♦Consular
♦Culture & Information
♦Economic
♦Political & Defense
♦Science
♦Social
Each of these subject classes is further divided into several primary
subjects, which are further broken down by country, region, or
organization. The country designator for South Vietnam is “VIET S”. There
are about 55 different primary subjects. For example, the Political &
Defense subject is divided into Communism (CSM), Defense (DEF),
Intelligence (INT), and Political Affairs & Relations (POL), and thereunder
by country, region, or organization. We are unable to locate a reference
to the document in which you are interested. Documentation on the
legislative elections might be found in the following files:
●POL 14 VIET S – Elections
●POL 15-2 VIET S – Legislature

On July 1, 1973, the Department began phasing in a new filing system
referred to as the Central Foreign Policy File. In the new system, records
were no longer arranged by subject in paper files. Documents were indexed
using an automated tool with most telegrams being stored electronically and
hard-copy documents (beginning January 1, 1974) being stored on microfilm.
You may gain access to the declassified electronic telegrams, index
information about the microfilmed documents, and limited information about
still-restricted telegrams and index information in the Access to Archival
Databases (AAD) on the NARA website at <https://aad.archives.gov/aad/>
under “Diplomatic Records.” The National Archives has accessioned these
records through 1979. PLEASE BE SURE TO READ THE ASSOCIATED FAQs BEFORE
BEGINNING USE OF THESE RECORDS. They are found at:
https://www.archives.gov/files/research/foreign-policy/
state-dept/rg-59-central-files/faqs.pdf.

We will be pleased to make the declassified finding aids and records
available in our research room at the National Archives in College Park,
MD. The facility is located at 8601 Adelphi Road, College Park, MD, near
the University of Maryland--College Park campus.

►Textual Research Room (Room 2000) hours are 8:45 a.m. to 5:45 p.m. Monday
through Friday, except legal holidays.
►Our consultation room hours are 8:45 a.m. to 4:00 p.m. Monday through
Friday, except legal holidays. No appointment is necessary.
►Records are retrieved Monday through Friday for use in the Textual
Research Room at 10:00 a.m., 11:00 a.m., 1:00 p.m., 2:00 p.m., and 3:00
p.m. We do not pull records in advance.
►Prior to your visit, please consult our web sites at
https://www.archives.gov/college-park
https://www.archives.gov/college-park/research
https://www.archives.gov/dc-metro/self-service-copying.html, and
https://www.archives.gov/research/start/getting-started.pdf.

This concludes the processing of your request.

We do not consider this a denial of your FOIA request. However, if you are
not satisfied with our action on this request, your options for appeal and
dispute resolution are as follows:

You have the right to file an administrative appeal in writing via regular
U.S. mail or email. Your appeal should be received within ninety (90)
calendar days from the date of this letter and it should explain why you
believe this response does not meet the requirements of the Freedom of
Information Act. Please address it to the Deputy Archivist of the United
States (ND), National Archives and Records Administration, 8601 Adelphi
Road, College Park, Maryland 20740. Both the letter and the envelope
should be clearly marked “Freedom of Information Act Appeal.” You may also
submit your appeal to FOIA@nara.gov also addressed to the Deputy Archivist.
All correspondence should reference your internal case tracking number
noted above.

In addition to your right to file an administrative appeal with the Deputy
Archivist, you may seek assistance from our FOIA Public Liaison (FPL), Ann
Cummings, Access Coordinator. Contact information for the FOIA Public
Liaison at the National Archives, Washington DC area is as follows:
FOIA requester Service Center telephone number: 301-837-3190
Acting FOIA Public Liaison: Britney Crawford
8601 Adelphi Road, Room 5500
College Park, MD 20740-6001
Telephone number: 301-837-3190
E-mail address: DC.FOIA.LIAISON@NARA.GOV

Finally, the Office of Government Information Services (OGIS) offers
mediation services to resolve disputes between FOIA requesters and Federal
agencies as a non-exclusive alternative to administrative appeals. Using
OGIS services does not affect your right to pursue an administrative
appeal. 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, MD 20740-6001
E-mail: ogis@nara.gov
Telephone: 202-741-5770
Facsimile: 202-741-5769
Toll-free: 1-877-684-6448

Sincerely,
DAVID A. LANGBART
Textual Records Division
National Archives at College Park, MD

david.langbart@nara.gov
www.archives.gov

RDT2 19-07400

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