Tape Recording of Proceedings of US Navy Court of Inquiry into USS Liberty Attack

Joe Meadors filed this request with the National Archives and Records Administration of the United States of America.
Tracking #

2417054

24-17437

Est. Completion None
Status
No Responsive Documents

Communications

From: Joe Meadors

To Whom It May Concern:

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

I was aboard the USS Liberty when the ship was attacked by the IDF on June 8, 1967 and serve my shipmates as Historian of the USS Liberty Veterans Association.

A July 27, 2005 from RADM Clarence A. (Mark) Hill, Jr., USN (Ret.) and RADM Merlin H. Staring, JAGC, USN (Ret) to the Secretary of the Army briefly relates the account of the attack on the USS Liberty and the US Navy Court of Inquiry into that attack.

I have attached a copy of that letter.

On page three of the letter, we are told that the US Navy Court of Inquiry proceedings were tape-recorded.

Under the Freedom of Information Act we are asking you to release to us the tape recording referenced in the letter.

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,

Joe Meadors

From: National Archives and Records Administration

Dear Mr. Meadors:

Thank you for submitting your Freedom of Information Act (FOIA) request to
the National Archives and Records Administration (NARA) via email to
foia@nara.gov. We received your request on January 9, 2024. Your request
concerns the release of the tape recording referenced in the letter
regarding the attack on the USS Liberty and the US Navy Court of Inquiry
into that attack.

Our office handles FOIA and Privacy Act requests for NARA’s operational records
(records created by this agency). Because your FOIA request is for records
that may be archival records (records created by or originated in a
different agency but that may have been transferred to the legal custody of
NARA), we are forwarding it by this email to our Office of Research
Services, Textual Reference (RR2RR) staff who handle FOIA requests for
textual archival records. That office will assign your request a tracking
number and respond directly to you. In the future, if you need to follow up
with that office directly, please contact them at the address below, or
electronically via email (email is preferred).

National Archives and Records Administration
Research Services, Textual Reference Branch (RR2RR)
8601 Adelphi Road, Room 2400
College Park, MD 20740

Phone: 301-837-3091
Fax: 301-837-1752
Email: archives2reference@nara.gov

Because your request is for records that may be archival records, we are
also forwarding it by this email to our Office of Research Services, Motion
Picture and Sound branch, which handles requests for the type of records
you seek. That office will assign your request a tracking number and
respond directly to you. In the future, if you need to follow up with that
office directly, please contact them at the address below, or
electronically via email (email is preferred).

The National Archives and Records Administration
Motion Picture and Sound Branch, Room 3360
8601 Adelphi Rd.
College Park, MD 20740

Phone: 301-837-3540
Email: mopix@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 making a FOIA request to NARA. 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.

Due to the COVID-19 pandemic, and pursuant to guidance received from the
Office of Management and Budget (OMB), NARA had adjusted its normal
operations to balance the need of completing its mission-critical work
while also adhering to the recommended social distancing for the safety of
our staff. As a result of this re-prioritization of activities, you may
experience a delay in receiving a substantive response to your FOIA
request. We apologize for this inconvenience and appreciate your
understanding and patience.

Sincerely,
Ashley Bryan
Government Information Specialist
Office of General Counsel (NGC)
National Archives and Records Administration
8601 Adelphi Road
College Park, Maryland, 20740-6001
301-837-3642

---------- Forwarded message ---------
From: <requests@muckrock.com>
Date: Tue, Jan 9, 2024 at 6:05 PM
Subject: Freedom of Information Act Request: Tape Recording of Proceedings
of US Navy Court of Inquiry into USS Liberty Attack
To: <foia@nara.gov>

Nat'l Archives & Records Admin
FOIA Office
Room 3110
8601 Adelphi Road
College Park, MD 20740

January 9, 2024

To Whom It May Concern:

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

I was aboard the USS Liberty when the ship was attacked by the IDF on June
8, 1967 and serve my shipmates as Historian of the USS Liberty Veterans
Association.

A July 27, 2005 from RADM Clarence A. (Mark) Hill, Jr., USN (Ret.) and RADM
Merlin H. Staring, JAGC, USN (Ret) to the Secretary of the Army briefly
relates the account of the attack on the USS Liberty and the US Navy Court
of Inquiry into that attack.

I have attached a copy of that letter.

On page three of the letter, we are told that the US Navy Court of Inquiry
proceedings were tape-recorded.

Under the Freedom of Information Act we are asking you to release to us the
tape recording referenced in the letter.

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,

Joe Meadors

View request history, see one related attachment, upload responsive
documents, and report problems here:
https://www.muckrock.com/

If prompted for a passcode, please enter:
••••••••

Attachments:
• Staring_to_SECNAV.pdf

Filed via MuckRock.com
E-mail (Preferred): requests@muckrock.com

PLEASE NOTE OUR NEW ADDRESS
For mailed responses, please address (see note):
MuckRock News
DEPT MR 156810
263 Huntington Ave
Boston, MA 02115

PLEASE NOTE: This request is not filed by a MuckRock staff member, but is
being sent through MuckRock by the above in order to better track, share,
and manage public records requests. Also note that improperly addressed
(i.e., with the requester's name rather than "MuckRock News" and the
department number) requests might be returned as undeliverable.

From: National Archives and Records Administration

Joe Meadors

MuckRock News

DEPT MR 156810

263 Huntington Ave

Boston, MA 02115

Dear Mr. Meadors,

This is in response to your Freedom of Information Act request dated
January 9, 2024, where you have requested a copy of audio recordings of the
Court of Inquiry to the USS *Liberty* (AGTR 5) on June 8, 1967 as
referenced by Rear Admirals Clarence A. Hill and Merlin H. Staring to the
Secretary of the Army in July 2005. Your request was received by the
Reference Branch (RR2RR) on January 11, 2024 with the assigned tracking
number 24-17437.

We have searched our holdings in Record Group 38: Records of the Chief of
Naval Operations, Record Group 125: Records of the Judge Advocate General,
and Record Group 457: Records of the National Security Agency, and we were
not able to locate recordings in textual records.

In RG 38, we were able to locate files on the *Liberty* Incident in Entry P
25: Records on Attacks, Accidents, and Other Topics of the Office of the
Chief of Information (CHINFO) in Box 2. But these are newspaper articles
and other public published media, which does not include film or video
media.

In RG 457, we were able to locate a report on the *Liberty* Incident in
Entry A1 9002: Studies on Cryptology in SRH-256: Attack on the *Liberty*.
This is a xerox copy of the Court of Inquiry into the Attack on the
*Liberty* but does not include exhibits and does not include special media,
photographs, video or audio recordings.

We are forwarding your request to the Motion Picture and Sound Reference
Branch regarding your request, and they will send you a separate response
to your inquiry.

We would also encourage you to contact the Naval History and Heritage
Command, for the Court of Inquiry into the Attack on the *Liberty* and
other operational reports relating to that incident.

Naval History and Heritage Command

805 Kidder Breese Street SE

Washington Navy Yard, DC 20374-5060

Email: archives@navy.mil

Website: www.history.navy.mil

We would also encourage you to contact the Navy’s Judge Advocate General’s
Office for material relating to records of the Court of Inquiry regarding
the Attack on the *Liberty* and what exhibits are available in audio media.

Judge Advocate General’s Corps

1322 Patterson Ave., Suite 3000

Washington Navy Yard, DC 20374-5066

We would also encourage you to contact the Navy’s Records Manager for
material relating to records of the Judge Advocate General and records
related to Courts of Inquiry.

Tanya Price

Department of Defense

Department of the Navy

1000 Navy Pentagon, 5E170

Washington DC 22350

tanya.price.civ@us.navy.mil

703-693-9932

Records mentioned above, should you be interested, are declassified and
open and available to the public without restriction. We would recommend
that you or a representative working on your behalf make an appointment to
visit our facility to review these records in person.

Records in our custody contain a number of files that include information
on your topic. We regret that we are not staffed to conduct the extensive
research necessary to identify all pertinent records relating to your
request within the suggested record groups and their record series. We
would be happy to make them available to you or your representative in our
research room. Should you be unable to come to the National Archives you
may wish to hire a professional researcher. We are attaching a link to a
list of some of these researchers.
https://www.archives.gov/research/hire-help

To make an appointment to visit the National Archives, please visit the Textual
Research Room Appointments
<https://www.eventbrite.com/cc/textual-research-room-appointments-487599>
page if you are interested in accessing textual records.

All researchers must register for a NARA Researcher Card. Researchers are
further encouraged to pre-register in advance of a visit. This process
consists of two parts, including completing the Online Researcher
Orientation
<https://rise.articulate.com/share/uK5NGkSpg74JHLTOcGPmM4e94MJyxQgD#/>
and Online
Kiosk Registration
<https://researchercommunity.force.com/securitycentral/s/kiosk-registration>
.

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 outlined in the attached enclosure. If you have any
questions, you may reach us at archives2reference@nara.gov. This completes
the processing of your request.

Sincerely,

NATHANIEL PATCH

Archivist, Archives II Reference Section (RR2RR)

National Archives at College Park, MD

*FOIA Appeal and Dispute Resolution Options*

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 24-17437.

In addition to your right to file an administrative appeal with the Deputy
Archivist, you may seek assistance from our FOIA Public Liaison, Rebecca
Calcagno. Contact information for the FOIA Public Liaison at the National
Archives, Washington DC area is as follows:

Accessioned Executive Branch Agency Records - Washington, DC Area
FOIA Public Liaison: Rebecca Calcagno
8601 Adelphi Road, Room 5500
College Park, MD 20740-6001
Email: DC.foia.liaison@nara.gov
Telephone: 301-837-3190

You may also contact the Office of Government Information Services (OGIS),
the Federal FOIA Ombudsman’s office, for assistance. OGIS offers mediation
services to help resolve disputes between FOIA requesters and Federal
agencies. The contact information for OGIS is:
Office of Government Information Services
National Archives and Records Administration
8601 Adelphi Road–OGIS
College Park, MD 20740-6001
Email: ogis@nara.gov
https://www.archives.gov/ogis
<https://www.archives.gov/ogis>
Phone: 202-741-5770 or 1-877-684-6448

NATHANIEL PATCH
Archivist, Archives II Reference Branch (RR2RR)
National Archives at College Park, MD
"Pax per scientiam"

Original Request:

Nat'l Archives & Records Admin
FOIA Office
Room 3110
8601 Adelphi Road
College Park, MD 20740

January 9, 2024

To Whom It May Concern:

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

I was aboard the USS Liberty when the ship was attacked by the IDF on June
8, 1967 and serve my shipmates as Historian of the USS Liberty Veterans
Association.

A July 27, 2005 from RADM Clarence A. (Mark) Hill, Jr., USN (Ret.) and RADM
Merlin H. Staring, JAGC, USN (Ret) to the Secretary of the Army briefly
relates the account of the attack on the USS Liberty and the US Navy Court
of Inquiry into that attack.

I have attached a copy of that letter.

On page three of the letter, we are told that the US Navy Court of Inquiry
proceedings were tape-recorded.

Under the Freedom of Information Act we are asking you to release to us the
tape recording referenced in the letter.

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,

Joe Meadors

View request history, see one related attachment, upload responsive
documents, and report problems here:
https://www.muckrock.com/

If prompted for a passcode, please enter:
••••••••

Attachments:
• Staring_to_SECNAV.pdf

Filed via MuckRock.com
E-mail (Preferred): requests@muckrock.com

PLEASE NOTE OUR NEW ADDRESS
For mailed responses, please address (see note):
MuckRock News
DEPT MR 156810
263 Huntington Ave
Boston, MA 02115

PLEASE NOTE: This request is not filed by a MuckRock staff member, but is
being sent through MuckRock by the above in order to better track, share,
and manage public records requests. Also note that improperly addressed
(i.e., with the requester's name rather than "MuckRock News" and the
department number) requests might be returned as undeliverable.

From: National Archives and Records Administration

Joe Meadors
c/o MuckRock News
DEPT MR 156810
263 Huntington Ave
Boston, MA 02115

Dear Mr. Meadors

I am writing in response to your Freedom of Information Act request of Jan.
9, 2024, for records in the custody of the National Archives and Records
Administration. Your request was received in the Moving Image and Sound
Branch on Jan. 10, 2024, and assigned FOIA tracking number *2417054*. You
requested information regarding a tape recording of the U.S. Navy Court of
Inquiry investigation into the attack on the USS Liberty.

We searched the Moving Image and Sound Branch's records and finding aids
and did not find any records that appear to be responsive to your request.
We searched across all holdings, with special focus on Moving Images
Relating to Military Activities, ca. 1947-1980 (local identifier 428-NPC),
a grouping of naval records which includes audio items as well. We
performed similar targeted searches in the following groups of records for
film and audio recordings: Records of the Office of the Judge Advocate
General (Navy) (Record Group 125); Records of the Office of the Chief of
Naval Operations (Record Group 38); Records of the Office of the Secretary
of Defense (Record Group 330); and General Records of the Department of the
Navy (Record Group 80). These searches included the terms "USS Liberty",
"AGTR-5", "US Naval Court of Inquiry", "John McCain", "Judge Advocate
General", and "Israel", as well as the dates of the attack and the inquiry.

There were motion picture films located related to the Liberty that do not
appear to reference the court of inquiry, but are mentioned here in the
event of interest on your behalf. You may see a listing of these items with
brief descriptions in our online catalog at this link here
<https://catalog.archives.gov/search?q=%22USS%20Liberty%22&typeOfMaterials=Moving%20Images>.
If you are interested in acquiring copies of any of these items, more
information on ordering such may be found on our website here
<https://www.archives.gov/research/motion-pictures/order>. It is possible
that there may be items on this list that could be sent to you digitally at
no cost through our New Reference Screening Copies process. If you are
interested in finding out more about this or our ordering process, please
email our branch at mopix@nara.gov.

In addition, you or a representative are welcome to visit our research room
here in College Park, Maryland, to conduct your own research into your
inquiry. Appointments may be made on our Eventbrite
<https://www.eventbrite.com/o/nara-at-college-park-moving-image-amp-sound-branch-47491498583>
page, and we have reference materials and staff on hand to answer any
questions you may have. If you are unable to come in person, you may wish
to hire a professional researcher to assist you. A listing of such local
professionals familiar with our records may be found on our website here
<https://www.archives.gov/research/hire-help/media.html?format=motion-pictures>
.

This concludes the processing of your request. If you have additional
questions, please contact me directly.

We do not consider this response a denial under the Freedom of Information
Act. However, 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 email. 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 email, 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
tracking number *2412176*.

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:

FOIA Public Liaison: Rebecca Calgano
8601 Adelphi Road, Room 5500
College Park, MD 20740-6001
Email: dc.foia.liaison@nara.gov
Telephone: 301-837-3190

You may also contact the Office of Government Information Services (OGIS),
the Federal FOIA Ombudsman's office, for assistance. OGIS offers mediation
services to help resolve disputes between FOIA requesters and Federal
agencies. The contact information for OGIS is:

Office of Government Information Services
National Archives and Records Administration
8601 Adelphi Road - OGIS
College Park, MD 20740-6001
Email: ogis@nara.gov
https://www.archives.gov/ogis
Phone: 202-741-5770 or 1-877-684-6448

Sincerely,

Christopher Burroughs
Archivist

---------- Forwarded message ---------
From: NARA General Counsel FOIA Office <foia@nara.gov>
Date: Wed, Jan 10, 2024 at 8:31 AM
Subject: Fwd: Freedom of Information Act Request: Tape Recording of
Proceedings of US Navy Court of Inquiry into USS Liberty Attack
To: <requests@muckrock.com>
Cc: Textual Reference Archives II Branch <archives2reference@nara.gov>, <
mopix@nara.gov>, NARA General Counsel FOIA Office <foia@nara.gov>

Dear Mr. Meadors:

Thank you for submitting your Freedom of Information Act (FOIA) request to
the National Archives and Records Administration (NARA) via email to
foia@nara.gov. We received your request on January 9, 2024. Your request
concerns the release of the tape recording referenced in the letter
regarding the attack on the USS Liberty and the US Navy Court of Inquiry
into that attack.

Our office handles FOIA and Privacy Act requests for NARA’s operational records
(records created by this agency). Because your FOIA request is for records
that may be archival records (records created by or originated in a
different agency but that may have been transferred to the legal custody of
NARA), we are forwarding it by this email to our Office of Research
Services, Textual Reference (RR2RR) staff who handle FOIA requests for
textual archival records. That office will assign your request a tracking
number and respond directly to you. In the future, if you need to follow up
with that office directly, please contact them at the address below, or
electronically via email (email is preferred).

National Archives and Records Administration
Research Services, Textual Reference Branch (RR2RR)
8601 Adelphi Road, Room 2400
College Park, MD 20740

Phone: 301-837-3091
Fax: 301-837-1752
Email: archives2reference@nara.gov

Because your request is for records that may be archival records, we are
also forwarding it by this email to our Office of Research Services, Motion
Picture and Sound branch, which handles requests for the type of records
you seek. That office will assign your request a tracking number and
respond directly to you. In the future, if you need to follow up with that
office directly, please contact them at the address below, or
electronically via email (email is preferred).

The National Archives and Records Administration
Motion Picture and Sound Branch, Room 3360
8601 Adelphi Rd.
College Park, MD 20740

Phone: 301-837-3540
Email: mopix@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 making a FOIA request to NARA. 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.

Due to the COVID-19 pandemic, and pursuant to guidance received from the
Office of Management and Budget (OMB), NARA had adjusted its normal
operations to balance the need of completing its mission-critical work
while also adhering to the recommended social distancing for the safety of
our staff. As a result of this re-prioritization of activities, you may
experience a delay in receiving a substantive response to your FOIA
request. We apologize for this inconvenience and appreciate your
understanding and patience.

Sincerely,
Ashley Bryan
Government Information Specialist
Office of General Counsel (NGC)
National Archives and Records Administration
8601 Adelphi Road
College Park, Maryland, 20740-6001
301-837-3642

---------- Forwarded message ---------
From: <requests@muckrock.com>
Date: Tue, Jan 9, 2024 at 6:05 PM
Subject: Freedom of Information Act Request: Tape Recording of Proceedings
of US Navy Court of Inquiry into USS Liberty Attack
To: <foia@nara.gov>

Nat'l Archives & Records Admin
FOIA Office
Room 3110
8601 Adelphi Road
College Park, MD 20740

January 9, 2024

To Whom It May Concern:

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

I was aboard the USS Liberty when the ship was attacked by the IDF on June
8, 1967 and serve my shipmates as Historian of the USS Liberty Veterans
Association.

A July 27, 2005 from RADM Clarence A. (Mark) Hill, Jr., USN (Ret.) and RADM
Merlin H. Staring, JAGC, USN (Ret) to the Secretary of the Army briefly
relates the account of the attack on the USS Liberty and the US Navy Court
of Inquiry into that attack.

I have attached a copy of that letter.

On page three of the letter, we are told that the US Navy Court of Inquiry
proceedings were tape-recorded.

Under the Freedom of Information Act we are asking you to release to us the
tape recording referenced in the letter.

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,

Joe Meadors

View request history, see one related attachment, upload responsive
documents, and report problems here:
https://www.muckrock.com/

If prompted for a passcode, please enter:
••••••••

Attachments:
• Staring_to_SECNAV.pdf

Filed via MuckRock.com
E-mail (Preferred): requests@muckrock.com

PLEASE NOTE OUR NEW ADDRESS
For mailed responses, please address (see note):
MuckRock News
DEPT MR 156810
263 Huntington Ave
Boston, MA 02115

PLEASE NOTE: This request is not filed by a MuckRock staff member, but is
being sent through MuckRock by the above in order to better track, share,
and manage public records requests. Also note that improperly addressed
(i.e., with the requester's name rather than "MuckRock News" and the
department number) requests might be returned as undeliverable.

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--
Ellen Mulligan, Supervisory Archivist
Chief, Moving Image and Sound Branch
National Archives and Records Administration
8601 Adelphi Road Room 3360
College Park, MD 20740-6001
ellen.mulligan@nara.gov

--
*Christopher Burroughs*
*Archivist*
*Moving Image and Sound Branch*
*National Archives and Records Administration*
*College Park, MD*
*christopher.burroughs@nara.gov <christopher.burroughs@nara.gov>*

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