USMS: MIPR TOG (re-submission)

Shawn Musgrave filed this request with the Department of Justice, United States Marshals of the United States of America.

It is a clone of this request.

Status
Awaiting Acknowledgement

Communications

From: Shawn Musgrave

To Whom It May Concern:

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

All emails, documents, logs, notes or other written records of all United States Marshals Service employees assigned to the Technical Operations Group and Financial Services Division from 2005 to the present that contain the following search terms:

"Military Interdepartmental Purchase Request"
"MIPR"

This is a resubmission of a prior request. In response to that request, DOJ suggested that the requested records are held by the Department of Defense, and that I should direct my FOIA to the Pentagon. This is a misreading of my request and of clear case law regarding your agency's obligations to conduct a reasonable search for agency records.

This is a request for documents originating with and/or presently held by members of the USMS TOG that contain the above keywords. While the Pentagon may certainly hold the same or even similar records, this does not mean that USMS does not have responsive records and an attending obligation to provide responsive records, as well. In U.S. Dep’t of Justice v. Tax Analysts, 492 U.S. 136 (1989), the Court clarified what constitutes a given agency's records for FOIA purposes: First, the agency to which a FOIA is directed must "either create or obtain" the requested materials. Id. at 182. Second, "the agency must be in control of the requested materials at the time the FOIA request is made." Id. at 145. The Court defined "control" as meaning "that the materials have come into the agency's possession in the legitimate conduct of its official duties." Id.

This FOIA satisfies both elements of Tax Analysts. First, here I request documents that were created and/or obtained by USMS employees assigned to TOG. Second, I have only requested such documents as are within the "control" of USMS at the time of this request. I have not asked USMS to seek out records in the possession of the Pentagon, as seems to have been the interpretation of my prior request. Under Tax Analysts, then, as well as the FOIA statute, USMS must conduct a reasonable search for responsive records.

Pursuant to this request, please search all USMS computers and information systems, including USMS enterprise IT systems, specialized computers, stand alone networks, and personal email utilized for government business.

I am submitting this request in my capacity as a member of the news media who has covered the USMS extensively, including for the Boston Globe. 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,

Shawn Musgrave

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