|Submitted||June 24, 2015|
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This is a request under the Freedom of Information Act. I hereby request the following records:
A list of terrorism prosecutions since September 11, 2001 to today, where the defendant was not convicted. I would like the list to include the defendant's name, district, charging date, charges brought, classification category, conviction date, and charges of conviction.
A list of successful terrorism prosecutions from September 11, 2001 to December 31, 2012 has been released, and can be found online: http://fas.org/irp/agency/doj/doj060612-stats.pdf. I would like a list where the prosecution was not successful.
I require this information for a story I'm working on. I'm a journalist, completing my master's degree at Columbia Journalism School.
In the event that fees cannot be waived, 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.
917 744 9336
DEPT MR 16880
P.O. Box 55819
Boston, MA 02205
Dear Ms. Bhojani:
This is to acknowledge receipt of your email dated June 24, 2015, pertaining to "a list of terrorism prosecutions since September 11, 2001 to today, where the defendant was not convicted; the list to include the defendant's name, district, charging date, charges brought, classification category, conviction date, and charges of conviction." Our FOIA office received your Freedom of Information request on June 24, 2015.
For your information, Congress excluded three discrete categories of law enforcement and national security records from the requirements of the FOIA, See 5 U.S.C. § 552(c) (2006 & Supp. IV (2010). This response is limited to those records that are subject to the requirements of the FOIA. This is a standard notification that is given to all our requesters and should not be taken as an indication that excluded records do, or do not, exist.
We regret to inform you that we cannot comply. The National Security Division does not have a list of unsuccessful prosecutions.
If you are not satisfied with my response to your request, you may administratively appeal by writing to the Director, Office of Information Policy, United States Department of Justice, Suite 11050, 1425 New York Avenue, NW, Washington, DC 20530-0001, or you may submit an appeal through OIP's eFOIA portal at http://www.justice.gov/oip/efoia-portal.html. Your appeal must be postmarked or transmitted electronically within sixty days from the date of this letter. If you submit your appeal by mail, both the letter and the envelope should be clearly marked "Freedom of Information Act Appeal."
Government Information Specialist
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