Todashev SIRG findings

Shawn Musgrave filed this request with the Federal Bureau of Investigation of the United States of America.
Tracking # 1306653-000 ; AP-2015-05406
Status
Completed

Communications

From: Shawn Musgrave

To Whom It May Concern:

This is a request under the Freedom of Information Act. I hereby request the following records:

Any and all memorandums, reports, findings or other final documents produced as part of the Shooting Incident Review Group (SIRG) review of the shooting of Ibragim Todashev.

Please note that this is a separate request from 1261976. Given the considerable amount of time that has passed since the death of Mr. Todashev, the enforcement proceedings exemption previously invoked no longer applies.

I also request that, if appropriate, fees be waived as I believe this request is in the public interest. The requested documents will be made available to the general public free of charge as part of the public information service at MuckRock.com, processed by a representative of the news media/press and is made in the process of news gathering and not for commercial usage.

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.

Sincerely,

Shawn Musgrave

From: Sobonya, David P.

Dear Mr. Musgrave,

The FBI has received your Freedom of Information Act/Privacy (FOIPA) request and it will be forwarded to Initial Processing for review. Your request will be processed under the provisions of FOIPA and a response will be mailed to you at a later date.

Requests for fee waivers and expedited processing will be addressed once your request has been assigned an FOIPA request number. You will receive written notification of the FBI’s decision.

Information regarding the Freedom of Information Act/Privacy is available at http://www.fbi.gov<http://www.fbi.gov>/ or http://www.fbi.gov/foia/. If you require additional assistance please contact the Public Information Officer.

Thank you,

David P. Sobonya
Public Information Officer/GIS
Record/Information Dissemination Section (RIDS)
FBI-Records Management Division
170 Marcel Drive, Winchester, VA 22602-4843
PIO: (540) 868-4593
Direct: (540) 868-4286
Fax: (540) 868-4391/4997

From: MuckRock.com

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Oct. 16, 2014. Please let me know when I can expect to receive a response, or if further clarification is needed.

Thank you for your help.

From: Sobonya, David P.

Dear Mr. Musgrave,

FOIPA #1306653-000.

Due to the voluminous requests that the FBI receives on a daily, weekly, monthly and annual basis, requesters are encouraged to utilize the online option to Check the Status of Your FOIPA Request by following the instructions in the attached sample. The last status update was performed on November 19, 2014.

Upon entering your FOIPA Request Number, the requester will be provided “ONE” of the following STATUS RESULTS:

The FBI’s FOI/PA Program is processing your request in accordance to the Freedom of Information and Privacy Act guidelines. *The Disclosure analyst is making a line by line, page by page review of the records to determine if any redactions are required pursuant to subsections of Title 5, U. S. Code, Section 552 and 552a. Upon completion, the records are forwarded to a supervisor for review, if approved, a release will be forthcoming.

The FBI’s FOI/PA Program is searching the FBI’s indices for potentially responsive documents. You may be contacted via form letter for all fees and/or negotiation issues that may apply. *Requests are received by Initial Processing (IP) where they are opened, assigned a FOIPA Request Number and correspondence mailed to the requester. The IP analyst searches for, retrieves and reviews potentially responsive records. If responsive records are located, they are forwarded to Disclosure for processing.

The FBI’s FOIPA Program has identified potential responsive information to your request and awaits assignment to a Government Information Specialist (GIS) for further processing. *Responsive information was located and has been forwarded to the “Backlog” where the request awaits assignment to a GIS for processing.

The information you have requested is part of a previously requested subject matter and will be preprocessed in accordance to the prior releasable information. *A previous request has already been made for the subject matter.

The request is currently in appeal status with the Office of Information Policy (OIP). *The FBI is not involved in the appeals process so please contact OIP’s Customer Service regarding appeal matters at (202) 514-3642.

The request is currently in litigation with Federal Court

The FOIPA number entered has been closed, and appropriate correspondence has been sent to the address on file. *Correspondence and/or a release of records were recently mailed. If you recently had a change of address please contact us at foiparequest@ic.fbi.gov<mailto:foiparequest@ic.fbi.gov>.

Please contact me if you require further assistance.

Thank you,

*Material is provided for information purposes

David P. Sobonya
Public Information Officer/GIS
Record/Information Dissemination Section (RIDS)
FBI-Records Management Division
170 Marcel Drive, Winchester, VA 22602-4843
PIO: (540) 868-4593
Direct: (540) 868-4286
Fax: (540) 868-4391/4997

From: Shawn Musgrave

Hello,

Per my records, I have yet to receive any formal acknowledgement letter for this request. Please advise and confirm that FOIA 1306653-000 concerns documents produced in the course of the SIRG review of the shooting of Mr. Todashev.

Best,
Shawn Musgrave
MuckRock

From: Shawn Musgrave

Hello,

Please advise as to the status of the request, and provide an estimated completion date.

Thank you,
Shawn Musgrave
MuckRock

From: Sobonya, David P.

Dear Mr. Musgrave,

The estimated date of completion which the FBI will complete action on the request is June 30, 2015.

Please contact me If you require further assistance.

NOTE: Interim releases that generally equal approximately 500 pages are made for medium and large track cases.

Thank you,

David P. Sobonya
Public Information Officer/GIS
Record/Information Dissemination Section (RIDS)
FBI-Records Management Division
170 Marcel Drive, Winchester, VA 22602-4843
PIO: (540) 868-4593
Direct: (540) 868-4286
Fax: (540) 868-4391/4997

From: MuckRock.com

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Oct. 16, 2014. Please let me know when I can expect to receive a response, or if further clarification is needed. You had assigned it reference number #1306653-000.

Thank you for your help.

From: Federal Bureau of Investigation

A copy of documents responsive to the request.

From: Federal Bureau of Investigation

A cover letter granting the request and outlining any exempted materials, if any.

From: Shawn Musgrave

Director, Office of Information Policy (OIP)
United States Department of Justice
1425 New York Avenue, N. W., Suite 11050
Washington, DC 20530

To Whom It May Concern:

This is an appeal of extensive redactions and withholdings by the FBI in response to FOIA request 1306653-000.

On 10/16/2014, I requested the following documents:

Any and all memorandums, reports, findings or other final documents produced as part of the Shooting Incident Review Group (SIRG) review of the shooting of Ibragim Todashev.

The FBI's response letter dated July 27, 2015 (attached) indicates that the FBI withheld 13 pages in full. The FBI failed to provide specific justification for withholding these documents, but simply gave a generic response indicating a handful of exemptions.

The FBI has previously released SIRG reports with minimal redactions. For instance, the New York Times obtained all SIRG reports from 1993 to 2011: see http://www.nytimes.com/interactive/2013/06/18/us/20130618-fbi-shooting-files.html?action=click&contentCollection=U.S.&module=RelatedCoverage&region=Marginalia&pgtype=article

Having reviewed the documents released to the New York Times, I've found no SIRG summary where pages were withheld in full. I respectfully request the review of pages which the FBI withheld in full in response to the present FOIA, and the provision of such pages.

Furthermore, SIRG summaries released to the NYT had minimal redactions. In contrast, pages released by the FBI in response to the present FOIA have entire sections redacted, particularly the section summarizing "operational observations" from the SIRG panel. These sections have been released with redactions in previous FBI releases of SIRG reports.

The incident which the SIRG reviewed in the present documents has received considerable media coverage, to the extent that much information that has been redacted herein is likely already public. Given the public interest in providing details on the FBI's review of fatal shootings, as well as the FBI's previous releases of SIRG determinations, I respectfully request that you remand this request to the FBI for a good faith review and release of additional documents.

Best,
Shawn Musgrave
MuckRock

From: OIP-NoReply

Please do not reply to this e-mail, as this account is not monitored. To ensure a prompt reply, please direct any inquiries to the contact information listed in the correspondence provided to you. Thank you.

From: OIP-NoReply@usdoj.gov

DOJ-AP-2015-000670 has been processed with the following final disposition: Partially affirmed & partially reversed/remanded.

From: MuckRock

Hello,

Per the OIP, this request has been remanded to the FBI for provision of additional records. Please advise as to estimated completion date.

Best,
Shawn Musgrave

From: Federal Bureau of Investigation

A copy of documents responsive to the request.

From: Federal Bureau of Investigation

A cover letter granting the request and outlining any exempted materials, if any.

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