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
Fix Required

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

From: Harris, Monique N CIV USAF SAF-AA (US)

Mr. Best,

This is in response to your FOIA request dated February 21, 2017, requesting
"copies of all Twitter Direct Messages sent to or from any Agency Twitter
accounts". Can you please provide a specific time from in which records you
are requesting, which Air Force twitter account and are you just asking for
agency to agency direct messages i.e. messages from the Air Force to another
government agency such as the Army?

V/r

//SIGNED//
MONIQUE N. HARRIS, GS 12 USAF
Government Information Specialist
Headquarters Air Force Information Office (SAF/AAII)
Commercial: 703-692-9978
Monique.n.harris2.civ@mail.mil
Workflow: usaf.pentagon.saf-aa.mbx.haf-foia-workflow@mail.mil

From: AFOSI HQ-FOIA REQUEST

This e-mail contains FOR OFFICIAL USE ONLY (FOUO) information which must be protected under the Freedom of Information Act (5 U.S.C. 552) and/or the Privacy Act of 1974 (5 U.S.C. 552a). Unauthorized disclosure or misuse of this PERSONAL INFORMATION may result in disciplinary action, criminal and/or civil penalties. Further distribution is prohibited without the approval of the author of this message unless the recipient has a need to know in the performance of official duties. If you have received this message in error, please notify the sender and delete all copies of this message.

Dear Mr. Best

Your initial Freedom of Information Act (FOIA) request was submitted to this office via email on 11 September 2017. Your request seeks materials relating to plans or discussions regarding an Alaskan stay-behind network in the 1950s. Your request was assigned tracking number AF 2017-04318-F.

To ensure fairness to all families, we are required to process all FOIA requests on a "first in, first out" basis, in accordance with Federal Law, DoD and Air Force Instructions. Many of these requests involve the loss of loved ones, sexual assaults and other sensitive matters. As such, requests could take a minimum of 6 months to substantially longer to complete based upon the number and complexity of your case or the cases that precede it or other mitigating circumstances.

If you need to contact us about your request please reference AF 2017-04318-F. You may also contact the FOIA/PA administrator via email at afosi_hq_foia_request@us.af.mil, or telephonically at (571) 305-8044.

You may also contact the Air Force FOIA Public Liaison Officer, Ms. Anh Trinh, concerning this matter at AF FOIA Public Liaison Office (SAF/CIO A6XA), 1800 Air Force Pentagon, Washington, DC 20330-1800, usaf.pentagon.saf-cio-a6.mbx.af-foia@mail.mil or (703) 614-8500.

Additionally, you may contact the Office of Government Information Services (OGIS) at the National Archives and Records Administration to inquire about the FOIA mediation services they offer. The contact information for OGIS is as follows: Office of Government Information Services, National Archives and Records Administration, 8601 Adelphi Road-OGIS, College Park, Maryland 20740-6001, e-mail at ogis@nara.gov; telephone at 202-741-5770; toll free at 1-877-684-6448; or facsimile at 202-741-5769.

Sincerely

FOIA
HQ AFOSI/XILI
27130 Telegraph Rd.
Quantico, Va. 22134

From: USAF Pentagon SAF-AA Mailbox HAF FOIA workflow

Hello Mr. Best,

As of today October 5, 2017, our office has not received any clarification needed to process FOIA request dated February 21, 2017, requesting copies of all Twitter Direct Messages sent to or from any Agency Twitter accounts (Air Force). We would like for you to narrow your request down. Please provide us with a time frame of when these Twitter Messages took place, also provide us which agency you are referring to.

In accordance with Department of Defense and Air Force FOIA policy, it is the requester's responsibility to provide specific information regarding the records being requested.

If we do not receive a response by 12 October 2017, your request will be administratively closed and you will need to resubmit your FOIA request.

V/r

//SIGNED//
MONIQUE N. HARRIS, CIV USAF
Government Information Specialist
Headquarters Air Force Information Office (SAF/AAII)
Commercial: 703-692-9978
Monique.n.harris2.civ@mail.mil
Workflow: usaf.pentagon.saf-aa.mbx.haf-foia-workflow@mail.mil

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