US Marshals inquiry re: South Gate recording incident

Shawn Musgrave filed this request with the Department of Justice, United States Marshals of the United States of America.
Tracking # 2015USMS28159
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:

-The order to launch an inquiry over the 4/19 incident where a Deputy US Marshal smashed a cell phone in South Gate, Los Angeles County, California, as well as any correspondence between the US Marshals and regional offices or the Office of Professional Responsibility regarding this inquiry.
-Any incident reports completed regarding this incident.
-Any final outcome documents from the above inquiry.

Per a US Marshals statement quoted in the Los Angeles Times (see http://www.latimes.com/local/lanow/la-me-ln-feds-probe-video-phone-in-south-gate-20150421-story.html): “The U.S. Marshals Service is aware of video footage of an incident that took place Sunday in Los Angeles County involving a Deputy U.S. Marshal. The agency is currently reviewing the incident.”

Given that this FOIA is submitted in my capacity as a journalist who has covered the Justice Department extensively, I request that I be categorized as a media requester for the purpose of fees. Here is a selection of my published articles on MuckRock:

https://www.muckrock.com/news/archives/2014/jun/23/illinois-state-police-purchased-stingray-2008-250k/

https://www.muckrock.com/news/archives/2015/apr/08/full-disclosure-last-lawsuit-reveals-unredacted-st/

https://www.muckrock.com/news/archives/2015/mar/03/us-marshals-service-conceal-key-details-millions-s/

I have also been published in a number of national media outlets on topics involving the national security and law enforcement:

http://motherboard.vice.com/read/the-us-spent-360-million-on-border-drones-thanks-to-this-flimsy-report

http://motherboard.vice.com/read/the-air-force-says-it-needs-precisely-52-new-reaper-drones-cant-explain-why

http://motherboard.vice.com/read/do-the-fbis-drones-invade-your-privacy-sorry-thats-private

https://www.bostonglobe.com/metro/2013/04/08/big-brother-better-police-work-new-technology-automatically-runs-license-plates-everyone/1qoAoFfgp31UnXZT2CsFSK/story.html

www.betaboston.com/news/2014/03/05/a-vast-hidden-surveillance-network-runs-across-america-powered-by-the-repo-industry/

https://www.thedailybeast.com/articles/2015/02/05/nypd-social-media-policy-allows-catfishing-with-the-proper-paperwork.html

https://www.themarshallproject.org/2014/12/03/the-pentagon-finally-details-its-weapons-for-cops-giveaway

http://motherboard.vice.com/read/do-the-fbis-drones-invade-your-privacy-sorry-thats-private

https://news.vice.com/article/fbi-agent-who-killed-boston-bombing-suspects-friend-was-twice-accused-of-police-brutality

As the requested documents will be made available to the general public free of charge as part of the public information service at MuckRock.com and pertains to a matter of considerable public interest, I further request a full waiver of all fees.

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: USMS FOIA

[USMS seal blue294 1in]

U.S. Department of Justice
United States Marshals Service

Office of General Counsel

CS-4, 10th Floor
Washington, DC 20530-1000

April 28, 2015

Shawn Musgrave
MuckRock News
DEPT MR 17504
PO Box 55819
Boston, MA 02205-5819

RE: Freedom of Information/Privacy Act Request No. 2015USMS28159

Dear Requester:

The United States Marshals Service is in receipt of your Freedom of Information/Privacy Act request for records maintained by this Bureau. We have commenced a search for documents responsive to your request and will contact you when our processing is complete.

Although we are unable to determine at this time the amount of fees to be charged to you, if any, the filing of your request constitutes your agreement to pay all applicable fees that may be charged under 28 C.F.R. § 16.11 or § 16.49, up to $25.00. You will be notified as soon as practicable if the estimated or actual fee for satisfying your request exceeds $25.00.

If you should have any questions, please contact us at (202) 307-9054.

Sincerely,

William E. Bordley
Associate General Counsel/FOIPA Officer
Office of General Counsel

From: USMS FOIA

[USMS seal blue294 1in]

U.S. Department of Justice
United States Marshals Service

Office of General Counsel

CS-4, 10th Floor
Washington, DC 20530-1000

April 28, 2015

Shawn Musgrave
MuckRock News
DEPT MR 17504
PO Box 55819
Boston, MA 02205-5819

RE: Freedom of Information/Privacy Act Request No. 2015USMS28159

Dear Requester:

The United States Marshals Service is in receipt of your Freedom of Information/Privacy Act request for records maintained by this Bureau. We have commenced a search for documents responsive to your request and will contact you when our processing is complete.

Although we are unable to determine at this time the amount of fees to be charged to you, if any, the filing of your request constitutes your agreement to pay all applicable fees that may be charged under 28 C.F.R. § 16.11 or § 16.49, up to $25.00. You will be notified as soon as practicable if the estimated or actual fee for satisfying your request exceeds $25.00.

If you should have any questions, please contact us at (202) 307-9054.

Sincerely,

William E. Bordley
Associate General Counsel/FOIPA Officer
Office of General Counsel

From: USMS FOIA

[USMS seal blue294 1in]

U.S. Department of Justice
United States Marshals Service

Office of General Counsel

CS-4, 10th Floor
Washington, DC 20530-1000

April 28, 2015

Shawn Musgrave
MuckRock News
DEPT MR 17504
PO Box 55819
Boston, MA 02205-5819

RE: Freedom of Information/Privacy Act Request No. 2015USMS28159

Dear Requester:

The United States Marshals Service is in receipt of your Freedom of Information/Privacy Act request for records maintained by this Bureau. We have commenced a search for documents responsive to your request and will contact you when our processing is complete.

Although we are unable to determine at this time the amount of fees to be charged to you, if any, the filing of your request constitutes your agreement to pay all applicable fees that may be charged under 28 C.F.R. § 16.11 or § 16.49, up to $25.00. You will be notified as soon as practicable if the estimated or actual fee for satisfying your request exceeds $25.00.

If you should have any questions, please contact us at (202) 307-9054.

Sincerely,

William E. Bordley
Associate General Counsel/FOIPA Officer
Office of General Counsel

From: USMS FOIA

[USMS seal blue294 1in]

U.S. Department of Justice
United States Marshals Service

Office of General Counsel

CS-4, 10th Floor
Washington, DC 20530-1000

April 28, 2015

Shawn Musgrave
MuckRock News
DEPT MR 17504
PO Box 55819
Boston, MA 02205-5819

RE: Freedom of Information/Privacy Act Request No. 2015USMS28159

Dear Requester:

The United States Marshals Service is in receipt of your Freedom of Information/Privacy Act request for records maintained by this Bureau. We have commenced a search for documents responsive to your request and will contact you when our processing is complete.

Although we are unable to determine at this time the amount of fees to be charged to you, if any, the filing of your request constitutes your agreement to pay all applicable fees that may be charged under 28 C.F.R. § 16.11 or § 16.49, up to $25.00. You will be notified as soon as practicable if the estimated or actual fee for satisfying your request exceeds $25.00.

If you should have any questions, please contact us at (202) 307-9054.

Sincerely,

William E. Bordley
Associate General Counsel/FOIPA Officer
Office of General Counsel

From: USMS FOIA

[USMS seal blue294 1in]

U.S. Department of Justice
United States Marshals Service

Office of General Counsel

CS-4, 10th Floor
Washington, DC 20530-1000

April 28, 2015

Shawn Musgrave
MuckRock News
DEPT MR 17504
PO Box 55819
Boston, MA 02205-5819

RE: Freedom of Information/Privacy Act Request No. 2015USMS28159

Dear Requester:

The United States Marshals Service is in receipt of your Freedom of Information/Privacy Act request for records maintained by this Bureau. We have commenced a search for documents responsive to your request and will contact you when our processing is complete.

Although we are unable to determine at this time the amount of fees to be charged to you, if any, the filing of your request constitutes your agreement to pay all applicable fees that may be charged under 28 C.F.R. § 16.11 or § 16.49, up to $25.00. You will be notified as soon as practicable if the estimated or actual fee for satisfying your request exceeds $25.00.

If you should have any questions, please contact us at (202) 307-9054.

Sincerely,

William E. Bordley
Associate General Counsel/FOIPA Officer
Office of General Counsel

From: USMS FOIA

[USMS seal blue294 1in]

U.S. Department of Justice
United States Marshals Service

Office of General Counsel

CS-4, 10th Floor
Washington, DC 20530-1000

April 28, 2015

Shawn Musgrave
MuckRock News
DEPT MR 17504
PO Box 55819
Boston, MA 02205-5819

RE: Freedom of Information/Privacy Act Request No. 2015USMS28159

Dear Requester:

The United States Marshals Service is in receipt of your Freedom of Information/Privacy Act request for records maintained by this Bureau. We have commenced a search for documents responsive to your request and will contact you when our processing is complete.

Although we are unable to determine at this time the amount of fees to be charged to you, if any, the filing of your request constitutes your agreement to pay all applicable fees that may be charged under 28 C.F.R. § 16.11 or § 16.49, up to $25.00. You will be notified as soon as practicable if the estimated or actual fee for satisfying your request exceeds $25.00.

If you should have any questions, please contact us at (202) 307-9054.

Sincerely,

William E. Bordley
Associate General Counsel/FOIPA Officer
Office of General Counsel

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 April 22, 2015. Please let me know when I can expect to receive a response, or if further clarification is needed.

Thank you for your help.

From: USMS FOIA

We should have a response within the next couple of weeks.

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 April 22, 2015. Please let me know when I can expect to receive a response, or if further clarification is needed.

Thank you for your help.

From: USMS FOIA

We are coordinating with another agency.

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 April 22, 2015. Please let me know when I can expect to receive a response, or if further clarification is needed. You had assigned it reference number #2015USMS28159.

Thank you for your help.

From: USMS FOIA

As we explained before, we are coordinating with another agency. We will get back to you when we have completed this coordination.

From: Shawn Musgrave

Hello -

Thank you for following up. Can you provide an estimated date of completion? In May, I was told that a response would be forthcoming within a couple of weeks.

Please also confirm that I have been categorized as a media requester for the purpose of fees.

Best,
Shawn Musgrave
Investigative reporter, MuckRock

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 April 22, 2015. Please let me know when I can expect to receive a response, or if further clarification is needed. You had assigned it reference number #2015USMS28159.

Thanks for your help, and let me know if further clarification is needed.

From: Robinson, Nancy (USMS)

[Description: USMS seal blue294 1in]

U.S. Department of Justice
United States Marshals Service

Office of General Counsel

CS-4, 10th Floor
Washington, DC 20530-1000

September 23, 2015

Shawn Musgrave
MuckRock News
Dept. MR 17504
PO Box 55819
Boston, MA 02205-5819

RE: Freedom of Information/Privacy Act Request No. 2015USMS28159
Subject: Cell Phone Incident

Dear Requester:

The United States Marshals Service (USMS) is responding to your request for “the order to launch an inquiry over the 4/19 incident where a Deputy US Marshal smashed a cell phone in South Gate, Los Angeles County, California, as well as any correspondence between the US Marshals and regional offices or the Office of Professional Responsibility regarding this inquiry; any incident reports completed regarding this incident; and any final outcome documents from the above inquiry.”

The USMS conducted a search of its files in the Northern district of California and the Office of Professional Responsibility. The search located three (3) pages of documents responsive to your request.

These pages are released to you with limited redaction pursuant to exemptions (b)(7)(A), (b)(7)(C), and (b)(7)(E) of the Freedom of Information Act (FOIA), 5 U.S.C. § 552(b). Due to ongoing investigations the USMS and the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) have invoked exemption (b)(7)(A) to withhold information. In addition, the USMS has applied exemptions (b)(7)(C), and (b)(7)(E) to withhold names and information pertaining to law enforcement personnel and information which could risk circumvention of the law.

Exemption (b)(7) allows an agency to withhold records or information compiled for law enforcement purposes to the extent that the production of such records or information could reasonably be expected to (A) interfere with ongoing proceedings, (C) constitute an unwarranted invasion of personal privacy, and (E) disclose techniques and procedures for law enforcement investigation or prosecutions, or would disclose guidelines for law enforcement investigations or prosecutions, if such disclosure could reasonably be expected to risk circumvention of the law. A discretionary disclosure of information is not appropriate. See also United States Department of Justice v. Reporters Committee for Freedom of the Press, 489 U.S. 749 (1989). Attached please find the referenced three (3) pages.

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.
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.

Sincerely,

William E. Bordley
Associate General
Counsel/FOI/PA Officer
Office of General Counsel

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