Stay Behind talks (Air Force)

Emma Best filed this request with the Air Force of the United States of America.
Tracking # 2017-02190-F
Est. Completion None
Status
Awaiting Appeal

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:

Materials relating to plans or discussions (whether inter or intra-Agency) regarding an Alaskan stay-behind network in the 1950s.

The existence of these programs and discussions has been previously revealed in declassified and publicly available FBI and CIA documents, including https://www.cia.gov/library/readingroom/docs/CIA-RDP80R01731R003500010002-5.pdf and https://www.cia.gov/library/readingroom/docs/CIA-RDP80R01731R003400200006-1.pdf.

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: Clement, John

Email to acknowledge receipt of FOIA request.

From: DELK, CRYSTAL F CIV USAF AFMC AFIMSC/IZSI

Good Morning Mr. Best,

Please find attached the final response to your Freedom of Information Act
(FOIA) request 2017-02190-F.

Respectfully,

Crystal F. Delk, GS-13, DAF
Communications Program Manager
Air Force Installation & Mission Support Center
Comm: 210-395-8231
DSN: 969-8231

https://eis.afimsc.us.af.mil/isd/izs/IZSI/SitePages/Home.aspx

From: Michael Best

I am appealing the decision that the program was purely an FBI operation and the decision to link me to a non-governmental site that has a less complete copy of the FBI file than the one I have already obtained and uploaded. Further, the FBI file releases and CIA releases have confirmed that the program was a JOINT effort that involved the Air Force. If needed, documents to this effect can be provided.

For your convenience, the referenced materials may be located at the following link: https://www.muckrock.com/news/archives/2017/mar/29/cia-alaskan-stay-behin/.

From: DELK, CRYSTAL F CIV USAF AFMC AFIMSC/IZSI

Good Morning Mr. Best,

We received your Freedom of Information Act appeals dated April 28, 2017 and
May 2, 217 in which you are appealing the response to FOIA request
2017-02190-F-A.

We received your appeals on May 10, 2017, assigned it case number
2017-00105-A and are processing your appeal.

You may contact the Air Force FOIA Public Liaison Officer, Ms. Anh Trinh,
concerning this final response at Air Force FOIA Public Liaison Office, 1800
Air Force Pentagon, Washington, DC 20330-1800 or
usaf.pentagon.saf-cio-a6.mbx.af-foia@mail.mil /(703) 614-8500. You may also
seek dispute resolution services from the Office of Government Information
Services, and can find information on this Office at
https://ogis.archives.gov/mediation-program/request-assistance.htm. Using
the dispute resolution services, will not affect your appeal or appeal
rights.

If you have any questions, you may contact our office at (210)395-8231 or
email at AFIMSC.FOIA.Workflow@us.af.mil. Please refer to FOIA appeal number
2017-00105-A.

Respectfully,

Crystal F. Delk, GS-13, DAF
Communications Program Manager
Air Force Installation & Mission Support Center
Comm: 210-395-8231
DSN: 969-8231

https://eis.afimsc.us.af.mil/isd/izs/IZSI/SitePages/Home.aspx

From: DELK, CRYSTAL F CIV USAF AFMC AFIMSC/IZSI

Good Morning Mr. Best,

Please see attached letter regarding the status of your appeal.

Respectfully,

Crystal F. Delk, GS-13, DAF
Communications Program Manager
Air Force Installation & Mission Support Center
Comm: 210-395-8231
DSN: 969-8231

https://eis.afimsc.us.af.mil/isd/izs/IZSI/SitePages/Home.aspx

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