The Brady Bunch (Department of Justice, Office of Professional Responsibility)

To Whom It May Concern:

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

To:
Douglas Hibbard, DOJ
Chief, Initial Request Staff
Office of Information Policy
U.S. Department of Justice
1425 New York Avenue NW Suite 11050
Washington, DC 20530-0001

Peggy McCarty
Deputy Director
Office of Professional Responsibility
U.S. Department of Justice
950 Pennsylvania Avenue, N.W., Suite 3266
Washington, D.C. 20530

EFOIA Request

Pursuant to Brady v. Maryland, 373 U.S. 83 (1963), Kyles v. Whitley 514 U.S. 419, 434 (1955); United States. v. Bagley, 473 U.S. 667 (1985) respectively.

I was seeking the release of these estimated 2700-3000 pages of documents cited in the following news articles in relation to the trial of Timothy McVeigh, the Oklahoma City Bomber, relating to potential prosecutorial misconduct under 5 U.S.C 552, 552a.

A search of the FBI Public Vault for these records was non-responsive.

'An FBI admission that it failed to give certain documents to convicted Oklahoma City bomber Timothy McVeigh's defense attorneys has them considering whether to seek a stay of next week's scheduled execution.'
https://www.cnn.com/2001/LAW/05/10/mcveigh.evidence.02/index.html

'FBI Kept Files From McVeigh's Lawyers

Six days before Timothy McVeigh was scheduled to be executed for the Oklahoma City bombing, the Justice Department yesterday gave his attorneys thousands of pages of FBI documents that officials said were mistakenly withheld before McVeigh's 1997 trial.

The development caught McVeigh's attorneys by surprise, and was the first potential obstacle in what has been a steady march toward Wednesday's execution since McVeigh abandoned his appeals in December and announced he was prepared to die.

Attorney Nathan Chambers said he had spoken to McVeigh after the documents were delivered to his office in Denver. McVeigh's lawyers declined to say whether he would request a stay of the execution.

"Mr. McVeigh is going to think about it and decide how he wants to proceed," Chambers told the Associated Press. Chambers and Rob Nigh, McVeigh's other attorney, did not respond to repeated calls seeking comment.

Justice Department officials said the documents were missed in previous searches of computerized files in FBI field offices around the country, and located only recently during a routine archiving of records. Officials described the error as inadvertent.'
https://www.washingtonpost.com/archive/politics/2001/05/11/fbi-kept-files-from-mcveighs-lawyers/ea3d115c-a75a-41d5-b5be-24835ba36830/

On the basis of the pending appointment of Merrick Garland as the Attorney General of the United States as well systemtic incidents of potential law enforcement misconduct making national headlines, I firmly believe strong public interest exists in the full disclosure of said evidence/documents requested.

'Merrick Garland Faces Resurgent Peril After Years Fighting Extremism
The fallout from the Capitol attack and the shadow of the 1995 '
https://www.nytimes.com/2021/02/20/us/merrick-garland-attorney-general.html

'What Happened With Merrick Garland In 2016 And Why It Matters Now'
'In a speech that August in Kentucky, McConnell would say: "One of my proudest moments was when I looked Barack Obama in the eye and I said, 'Mr. President, you will not fill the Supreme Court vacancy.'
https://www.npr.org/2018/06/29/624467256/what-happened-with-merrick-garland-in-2016-and-why-it-matters-now

'Federal Judge Urges a DOJ Probe of Prosecutorial Conduct in Sanctions Case
Judge Alison Nathan said potential disclosure violations by prosecutors weren’t intentional, but a review might help prevent failures in the future.
Judge Nathan on Wednesday asked the government to submit a report within six months concerning disclosures related to the use of information gathered by the FBI through search warrants.'
https://www.wsj.com/articles/federal-judge-urges-a-doj-probe-of-prosecutorial-conduct-in-sanctions-case-11613779171

'Audio Post – The Tip Of An Iceberg: Sexual Misconduct Within The FBI Is Exposed by AP! Investigate The Investigators who are nothing more and nothing less than a bunch of psychopaths, perverts, and child abusers. Abolish the FBI and put the criminal FBI agents in prison where they belong! The present crisis in America is the direct result of the FBI stupidity, treacherous incompetence and malfeasance.'
https://russianewsreview.org/the-tip-of-iceberg-sexual-misconduct-html/

VAUGHN index requested for materials subject to claimed exemptions.

Request for materials to be released on a rolling basis as made available.

Respectfully Submitted:

William Fernandes

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,

William Fernandes

OPR FOIA Staff:
EFOIA Request
VAUGH index requested for any exempted materials

Records sought: Any and all records including but not limited to copies of evidence as cited in relation to the trial of Oklahoma City Bombing Defendant Timothy McVeigh.

Areas to search: All within your records disposition authority

Point of references: for search:
'FBI says it withheld evidence from McVeigh lawyers
May 11, 2001
Web posted at: 6:52 a.m. EDT (1052 GMT)
'DENVER, Colorado (CNN) -- An FBI admission that it failed to give certain documents to convicted Oklahoma City bomber Timothy McVeigh's defense attorneys has them considering whether to seek a stay of next week's scheduled execution. '

'Timothy James McVeigh (April 23, 1968 – June 11, 2001) was an American domestic terrorist who carried out the 1995 Oklahoma City bombing that killed 168 people and injured more than 680 others, and destroyed one third of the Alfred P. Murrah Federal Building.[5][6] The bombing was the deadliest act of terrorism in the United States prior to the September 11 attacks. It remains the deadliest act of domestic terrorism in U.S. history. '
https://en.wikipedia.org/wiki/Timothy_McVeigh

Original search request:
To Whom It May Concern:

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

To:
Douglas Hibbard, DOJ
Chief, Initial Request Staff
Office of Information Policy
U.S. Department of Justice
1425 New York Avenue NW Suite 11050
Washington, DC 20530-0001

Peggy McCarty
Deputy Director
Office of Professional Responsibility
U.S. Department of Justice
950 Pennsylvania Avenue, N.W., Suite 3266
Washington, D.C. 20530

EFOIA Request

Pursuant to Brady v. Maryland, 373 U.S. 83 (1963), Kyles v. Whitley 514 U.S. 419, 434 (1955); United States. v. Bagley, 473 U.S. 667 (1985) respectively.

I was seeking the release of these estimated 2700-3000 pages of documents cited in the following news articles in relation to the trial of Timothy McVeigh, the Oklahoma City Bomber, relating to potential prosecutorial misconduct under 5 U.S.C 552, 552a.

A search of the FBI Public Vault for these records was non-responsive.

'An FBI admission that it failed to give certain documents to convicted Oklahoma City bomber Timothy McVeigh's defense attorneys has them considering whether to seek a stay of next week's scheduled execution.'
https://www.cnn.com/2001/LAW/05/10/mcveigh.evidence.02/index.html

'FBI Kept Files From McVeigh's Lawyers

Six days before Timothy McVeigh was scheduled to be executed for the Oklahoma City bombing, the Justice Department yesterday gave his attorneys thousands of pages of FBI documents that officials said were mistakenly withheld before McVeigh's 1997 trial.

The development caught McVeigh's attorneys by surprise, and was the first potential obstacle in what has been a steady march toward Wednesday's execution since McVeigh abandoned his appeals in December and announced he was prepared to die.

Attorney Nathan Chambers said he had spoken to McVeigh after the documents were delivered to his office in Denver. McVeigh's lawyers declined to say whether he would request a stay of the execution.

"Mr. McVeigh is going to think about it and decide how he wants to proceed," Chambers told the Associated Press. Chambers and Rob Nigh, McVeigh's other attorney, did not respond to repeated calls seeking comment.

Justice Department officials said the documents were missed in previous searches of computerized files in FBI field offices around the country, and located only recently during a routine archiving of records. Officials described the error as inadvertent.'
https://www.washingtonpost.com/archive/politics/2001/05/11/fbi-kept-files-from-mcveighs-lawyers/ea3d115c-a75a-41d5-b5be-24835ba36830/

On the basis of the pending appointment of Merrick Garland as the Attorney General of the United States as well systemtic incidents of potential law enforcement misconduct making national headlines, I firmly believe strong public interest exists in the full disclosure of said evidence/documents requested.

'Merrick Garland Faces Resurgent Peril After Years Fighting Extremism
The fallout from the Capitol attack and the shadow of the 1995 '
https://www.nytimes.com/2021/02/20/us/merrick-garland-attorney-general.html

'What Happened With Merrick Garland In 2016 And Why It Matters Now'
'In a speech that August in Kentucky, McConnell would say: "One of my proudest moments was when I looked Barack Obama in the eye and I said, 'Mr. President, you will not fill the Supreme Court vacancy.'
https://www.npr.org/2018/06/29/624467256/what-happened-with-merrick-garland-in-2016-and-why-it-matters-now

'Federal Judge Urges a DOJ Probe of Prosecutorial Conduct in Sanctions Case
Judge Alison Nathan said potential disclosure violations by prosecutors weren’t intentional, but a review might help prevent failures in the future.
Judge Nathan on Wednesday asked the government to submit a report within six months concerning disclosures related to the use of information gathered by the FBI through search warrants.'
https://www.wsj.com/articles/federal-judge-urges-a-doj-probe-of-prosecutorial-conduct-in-sanctions-case-11613779171

'Audio Post – The Tip Of An Iceberg: Sexual Misconduct Within The FBI Is Exposed by AP! Investigate The Investigators who are nothing more and nothing less than a bunch of psychopaths, perverts, and child abusers. Abolish the FBI and put the criminal FBI agents in prison where they belong! The present crisis in America is the direct result of the FBI stupidity, treacherous incompetence and malfeasance.'
https://russianewsreview.org/the-tip-of-iceberg-sexual-misconduct-html/

VAUGHN index requested for materials subject to claimed exemptions.

Request for materials to be released on a rolling basis as made available.

Respectfully Submitted:

William Fernandes

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,

William Fernandes

To: OPR FOIA
RE: OIP

Pursuant to the attachment, your office was dispatched a search request after it was reviewed by OIP in relation to any and all records in your custody related to the deceased Timothy McVeigh as pertaining to OPR jurisdiction based on the request.

We are unable to determine the search was completed based on the email correspondence. Please review the records and make a written statement to confirm that a search was completed and if responsive records exist etc. A Vaugh index is requested.

Thanks in advance for your attention to this matter.

William

Attached please find the response for Daniel Castellano.
Please note the entity DOJ OPR was contacted 3 times about this request.

Please submit this appeal to the DOJ OIP For DOJ Appeals.

Appeal Sent electronically by requester via DOJ Intellitrack.

Grounds for Appeal
18 USC 371, basis of Lack of candor under oath.
5 USC 552
Agency has attempted to obstruct an request that was widely read in the appeal file by many 'adults' with average reading levels including Douglas Hibbard of the OIP who could easily discern the subject of the request. I'm not sure who is managing the OPR FOIA at this time but these types of childish antics are call for immediate dismissal. Infamous Disgraceful and Prejudicial.

Public service is a public trust, requiring employees to place loyalty to the Constitution, the laws and ethical principles above private gain.
Employees shall not hold financial interests that conflict with the conscientious performance of duty.
Employees shall not engage in financial transactions using nonpublic Government information or allow the improper use of such information to further any private interest.
An employee shall not, except as permitted by [these standards of conduct], solicit or accept any gift or other item of monetary value from any person or entity seeking official action from, doing business with, or conducting activities regulated by the employee's agency, or whose interests may be substantially affected by the performance or nonperformance of the employee's duties.
Employees shall put forth honest effort in the performance of their duties.
Employees shall not knowingly make unauthorized commitments or promises of any kind purporting to bind the Government.
Employees shall not use public office for private gain.
Employees shall act impartially and not give preferential treatment to any private organization or individual.
Employees shall protect and conserve Federal property and shall not use it for other than authorized activities.
Employees shall not engage in outside employment or activities, including seeking or negotiating for employment, that conflict with their official Government duties and responsibilities.
Employees shall disclose waste, fraud, abuse, and corruption to the appropriate authorities.
Employees shall satisfy in good faith their obligations as citizens, including all just financial obligations, especially those--such as Federal, State, or local taxes--that are imposed by law.
Employees shall adhere to all laws and regulations that provide equal opportunity for all Americans regardless of race, color, religion, sex, national origin, age, or handicap.
Employees shall endeavor to avoid any actions creating the appearance that they are violating the law or the ethical standards set forth in this part. Whether particular circumstances create an appearance that the law or these standards have been violated shall be determined from the perspective of a reasonable person with knowledge of the relevant facts
5 C.F.R 2635.101 (b)

Conduct Prejudicial to the Government

An employee shall not engage in criminal, infamous, dishonest, immoral or disgraceful conduct, or other conduct prejudicial to the government. In connection with overseas service, the State Department has defined notoriously disgraceful conduct as conduct which, were it to become widely known, would embarrass, discredit, or subject to opprobrium the perpetrator and the United States.

5 CFR735.203, 3 FAM 4139.14

Appearance of Impropriety

An employee shall endeavor to avoid any actions creating the appearance that the employee is violating the law or the ethical standards set forth in this part.

5 CFR 2635.101(b)(14)

You may not use your public office for your own private gain or for the gain of persons or organizations with which you are associated personally. Your position or title shall not be used: to coerce or induce another person, including a subordinate, to provide any benefit, financial or otherwise, to you or to friends, relatives, or persons with whom you are affiliated in a nongovernmental capacity; to endorse any product or service; or to give the appearance of governmental sanction. For example, you may use your official title and stationery only in response to a request for a reference or recommendation for someone you have dealt with in Federal employment or someone you are recommending for Federal employment.

5 CFR 2635.702

Generally, you should be mindful of your responsibilities to make an honest effort to use government property and official time, including the time of a subordinate, for official business only, and to protect and conserve government property. However, as a Justice Department employee, you are generally authorized to make minimal personal use of most office equipment and library facilities where the cost to the government is negligible and where it does not interfere with official business, where permitted by security rules, and on your own time. This limited personal use is a privilege, not a right, and employee use must conform to all restrictions. Employees may not use government property including computer systems and individual electronic devices for commercial purposes; to send solicitations, lobby, or engage in prohibited political activity; for activities that are illegal, inappropriate or offensive to fellow employees or the public; or to create, download, view, or store, copy or transmit sexually explicit or sexually oriented materials or materials related to illegal gambling, illegal weapons, terrorist activities or other illegal activities; or any other prohibited uses as set forth in Department and component orders or guidance. Employees may not use Government equipment as a substitute for personally-owned equipment.

Personal activities should be conducted on personal equipment, except to the minimal degree that personal use on Government equipment is permitted by Department policy.

You may not use your DOJ contact information including email address for non-official matters except as emergency contact information and for persons such as close family and friends, children's school, and in similar limited circumstances, where it is clear your communication is not on behalf of the Department and you are not attempting to exert official influence.

5 CFR 2635.704, DOJ Order 2740.1A
28 CFR 45.4

Request for Mediation:
Agency: DOJ OPR
Agency refuses to confirm or deny or execute searches in relation to matter of historical significance.

Appeal and related docs attached. Other DOJ Agencies have completed search and have sent responses.

Per DOJ directive: Agencies employees with endeavor to avoid appearance of impropriety.

Request for Mediation:
Agency: DOJ OPR
Agency refuses to confirm or deny or execute searches in relation to matter of historical significance.

Appeal and related docs attached. Other DOJ Agencies have completed search and have sent responses.

Per DOJ directive: Agencies employees with endeavor to avoid appearance of impropriety.

Second send first send this morning did not get an auto reply.