USAO Washington

William Fernandes filed this request with the Executive Office for United States Attorneys of the United States of America.
Tracking #

EOUSA-2018-002311

Est. Completion None
Status
Fix Required

Communications

From: William Fernandes

To Whom It May Concern:

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

For the Offices of the United States Attorneys Offices in Washington D.C, on behalf of Muckrock.com
We seek the following records to be released.

1.Incident reports documenting the arrests of the following individuals: Matthew Hopard, John Keller, Alexander Rubinstein, Evan Engel, Aaron Cantu and Shay Horse or investigation reports in the custody of the United States Attorney Offices from Washington, D.C related to such arrests by the Capitol Police.

2. Photographs, audio or video recordings of protests and protestors reacting to the Donald Trump's Inauguration on January 20th as documented by the Capitol Police, and reviewed by the offices of the United States Attorneys Offices for Washington, D.C.

3. I am requesting any and all documents that your agency retains regarding the 2017 Inauguration in Washington D.C. In particular, this request is for all records included but not limited intelligence reports, open source reports, electronic data, e-mails, photographs, intelligence data, notes or other materials created by the Capitol Police or other parties in the custody of the United States Attorney’s Offices for Washington, D.C.

4. I seek all records, created or collected that were prepared, received, transmitted, collected and/or maintained by the United States Capitol Police collected on the subject of Anarchism, Anarchist Extremism and/or Anarchist Extremists from 2015 to the present. This includes and is not limited to communication preserved in any form, including: correspondence, documents, data, e-mails (including all attachments), social media posts, intelligence reports, text messages, web searches (including search histories), audio/visual tapes, faxes, files, guidance, analyses, notes, procedures, rules, manuals, and technical information, that is in the custody of the United States Attorney’s offices for Washington D.C.

5. Permits, permit applications for protests from January 1, 2000 - December 31, 2009 as well as arrest reports for times and locations matching the protests in and around Washington, D.C. including but not limited to:

The White House
Embassies
Supreme Court
Federal Buildings
Civic Plaza
Dupont Circle
Franklin Square Park
Freedom Plaza
Lamont St. Park
Malcolm X Park (aka Meridian Hill)
McPherson Square
Upper Senate Park
Murrow Park
Columbus Circle
Lincoln Park
MLK memorial
National Mall
Lincoln Park
In the Custody of the United States Attorneys Offices in Washington D.C. that were prepared by the Capitol Police.

I/WE am a member of the news media and request classification as such. I have previously written about the government and its activities for AND Magazine, MuckRock and Glomar Disclosure and have an open arrangement with each. My articles have been widely read, with some reaching over 100,000 readers. As such, as I have a reasonable expectation of publication and my editorial and writing skills are well established. In addition, I discuss and comment on the files online and make them available through the non-profit Internet Archive, disseminating them to a large audience. While my research is not limited to this, a great deal of it, including this, focuses on the activities and attitudes of the government itself. As such, it is not necessary for me to demonstrate the relevance of this particular subject in advance. Additionally, case law states that “proof of the ability to disseminate the released information to a broad cross-section of the public is not required.” Judicial Watch, Inc. v. Dep’t of Justice, 365 F.3d 1108, 1126 (D.C. Cir. 2004); see Carney v. U.S. Dep’t of Justice, 19 F.3d 807, 814-15 (2d Cir. 1994). Further, courts have held that "qualified because it also had “firm” plans to “publish a number of . . . ‘document sets’” concerning United States foreign and national security policy." Under this criteria, as well, I qualify as a member of the news media. Additionally, courts have held that the news media status "focuses on the nature of the requester, not its request. The provision requires that the request be “made by” a representative of the news media. Id. § 552(a)(4)(A)(ii)(II). A newspaper reporter, for example, is a representative of the news media regardless of how much interest there is in the story for which he or she is requesting information." As such, the details of the request itself are moot for the purposes of determining the appropriate fee category. As such, my primary purpose is to inform about government activities by reporting on it and making the raw data available and I therefore request that fees be waived.

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.

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,

Muckrock.com

From: Executive Office for United States Attorneys

This message is to confirm your request submission to the FOIAonline application: View Request. Request information is as follows: (https://foiaonline.regulations.gov:443/foia/action/public/view/request?objectId=090004d28180f7c7)
* Tracking Number: EOUSA-2018-002311
* Requester Name: The White House Embassies
* Date Submitted: 02/12/2018
* Request Status: Submitted
* Description: Inauguration/public only USAO DC 010

From: Executive Office for United States Attorneys

02/22/2018 06:00 PM FOIA Request: EOUSA-2018-002311

Please see attached letter.

  • Standard Acknowledgment Letter and Third Party Denial 2018-002311

From: William Fernandes

It appears your organization had made an error in attempting to obstruct the rights of well respected news outlet; that is in possession of a plethora of FOIA projects and website traffic. Crowdfunded. As analyst error happens quite frequently; can you ask the analyst to sit at their desk and come to the website and review it as I find the necessity of sending this to your FOIA ombudsman for OGIS to be a waste of time. Your foia desks must be staffed for the public interest and transparency requirements. This information was filed in requests previously by 5 other users and having it done once correctly is important
.

From: Executive Office for United States Attorneys

Please see the letters that are attached this email.

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