West Point photography project records

J.K. Trotter filed this request with the U.S. Special Operations Command - USSOCOM of the United States of America.
Tracking # FP-15-007241 ; FA-15-0020
Est. Completion None
Status
No Responsive Documents

Communications

From: J.K. Trotter

To Whom It May Concern:

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

Any and all correspondence, dated between January 1 2007 and December 31st 2010, between any staff members of the United States Military Academy and an individual named Kristine Potter, that pertain to a photography project conducted by Potter between 2008 and 2010 that involved photographing U.S.M.A. cadets.

Records requested include copies any artistic materials, including photographs, that were provided by Potter to staff members of the United States Military Academy in the course of her project.

Records requested include copies of any contracts or agreements between Potter and U.S.M.A. regarding her authorization to photograph U.S.M.A. cadets.

Records requested include any internal U.S.M.A. memoranda, in the same date range mentioned above, concerning Potter’s photography project.

Records requested include copies of proposals submitted by Kristine Potter to U.S.M.A. in the course of seeking authorization to photograph U.S.M.A. cadets.

Kristine Potter’s project, titled “The Gray Line,” has been widely documented by various news outlets, and thus records concerning it should be not be difficult to locate:

http://www.wipnyc.org/blog/kristine-potter

http://www.hafny.org/blog/kristine-potters-uncertain-masculinities

http://dot429.com/articles/5452-why-you-should-care-about-buzzfeed-deleting-kristine-potter-s-cadets

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,

J.K. Trotter

From: FOIA/PA

Classification: UNCLASSIFIED
Caveats: NONE

J. K. Trotter,

Please see attached file concerning your FOIA request.

Regards,

Joanne Nocton

Management Assistant

Freedom Of Information Act/Privacy Act Office

DHR-Administrative Service Branch

USAG West Point

646 Swift Road

West Point, NY 10996

(845) 938-7311

foia/pa@usma.edu

NOTICE: Freedom of Information Act (FOIA)/Privacy Act (PA)/Procurement
Integrity Act Confidentiality Notice-For Official Use Only. This
transmission and/or the documents accompanying it may contain sensitive
information subject to the FOIA/Privacy/Procurement Integrity Acts. Unless
you are the intended recipient, or authorized to receive for the intended
recipient, you may not read, print, retain, use, copy, distribute or
disclose to anyone the message or any information contained in the message
as it is prohibited by Federal Law. If you have received this transmission
in error, please notify the sender immediately, and destroy all copies of
the original message (including any attachments).

Classification: UNCLASSIFIED
Caveats: NONE

From: J.K. Trotter

Thank you for the update. I will keep an eye out for your fee estimate.

Sincerely,
J.K. Trotter

From: Schmidt, Kirk E CIV USARMY ACC MICC (US)

Classification: UNCLASSIFIED
Caveats: FOUO

Good Afternoon,

1. Part of your Freedom of Information Act (FOIA) request dated December 23,
2014, was referred to HQ, Mission & Installation Contracting Command today.

In an effort to provide the most thorough response possible, the USMA
Garrison FOIA office referred the "Contract or Agreement" portion of your
request to this command.

The MICC FOIA case number for this part of your request is FP-15-007241.
Please reference this case number in any future communications with this
office.

2. You requested:

- Any record, including but not limited to contracts or agreements, dated
between January 1, 2007 and December 31, 2010 between any staff members of
the United States Military

Academy and an individual named Kristine Potter, that pertain to a
photography project conducted by Ms. Potter between 2008 and 2010 that
involved photographing

U.S.M.A. cadets.

3. I have tasked our MICC - West Point office to respond to your request.

Kirk

Kirk Schmidt

Paralegal Specialist

HQ, Mission & Installation Contracting Command

Office of Counsel

2219 Infantry Post Road

Fort Sam Houston, TX 78234-1361

Phone: (210) 466-2268

Fax: (210) 466-2295

CAUTION: The information contained in this email message and in any

accompanying attachments is protected by Attorney-Client and Attorney Work

Product Privileges. It may also contain Freedom of Information Act (FOIA)

protected information, and will thus be protected by the FOIA. This

information may not be released outside of the Department of Defense without

prior authorization from the Office of The Judge Advocate General,

Department of the Army. If you are not the intended recipient of this

information, any disclosure, copying, distribution, or the taking of any

action in reliance on this information is prohibited. If you receive this

email in error, please notify this office immediately by return email.

Classification: UNCLASSIFIED
Caveats: FOUO

Classification: UNCLASSIFIED
Caveats: FOUO

From: FOIA/PA

Classification: UNCLASSIFIED
Caveats: NONE

J.K. Trotter,

Please see attached file concerning your FOIA request.

Regards,

Joanne Nocton

Management Assistant

Freedom Of Information Act/Privacy Act Office

DHR-Administrative Service Branch

USAG West Point

646 Swift Road

West Point, NY 10996

(845) 938-7311

foia/pa@usma.edu

Classification: UNCLASSIFIED
Caveats: NONE

From: Schmidt, Kirk E CIV USARMY ACC MICC (US)

Classification: UNCLASSIFIED
Caveats: NONE

Good Morning,

This command, Mission and Installation Contracting Command (MICC), is only handling the possible contract portion of your FOIA request.
The USMA Garrison is handling their portion of your FOIA request separately and you should continue to reference their FOIA number
regarding their portion of your request. If MICC determines that there are responsive contract records then we will make a determination on your fee waiver request.

Kirk

Kirk Schmidt
Paralegal/FOIA Specialist

HQ, Mission & Installation Contracting Command
Office of Counsel
2219 Infantry Post Road
Fort Sam Houston, TX 78234-1361

Phone: (210) 466-2268
Fax: (210) 466-2295

CAUTION: The information contained in this email message and in any
accompanying attachments is protected by Attorney-Client and Attorney Work
Product Privileges. It may also contain Freedom of Information Act (FOIA)
protected information, and will thus be protected by the FOIA. This
information may not be released outside of the Department of Defense without
prior authorization from the Office of The Judge Advocate General,
Department of the Army. If you are not the intended recipient of this
information, any disclosure, copying, distribution, or the taking of any
action in reliance on this information is prohibited. If you receive this
email in error, please notify this office immediately by return email.

From: Schmidt, Kirk E CIV USARMY ACC MICC (US)

Classification: UNCLASSIFIED
Caveats: NONE

Good Morning,

1. In response to the MICC portion of your FOIA Request, attached is the Conditional Response and
Certificate of No Records.

2. There is no fee for processing your FOIA request.

3. This response closes FOIA Request FP-15-007241.

4. We look forward to serving your future FOIA needs, please send MICC FOIA
requests to usarmy.jbsa.acc-micc.mbx.foia@mail.mil.

Kirk

Kirk Schmidt
Paralegal/FOIA Specialist

HQ, Mission & Installation Contracting Command
Office of Counsel
2219 Infantry Post Road
Fort Sam Houston, TX 78234-1361

Phone: (210) 466-2268
Fax: (210) 466-2295

CAUTION: The information contained in this email message and in any
accompanying attachments is protected by Attorney-Client and Attorney Work
Product Privileges. It may also contain Freedom of Information Act (FOIA)
protected information, and will thus be protected by the FOIA. This
information may not be released outside of the Department of Defense without
prior authorization from the Office of The Judge Advocate General,
Department of the Army. If you are not the intended recipient of this
information, any disclosure, copying, distribution, or the taking of any
action in reliance on this information is prohibited. If you receive this
email in error, please notify this office immediately by return email.

From: MuckRock

FREEDOM OF INFORMATION ACT APPEAL

To Whom It May Concern:

This is a formal appeal of your office’s fee waiver determination, dated January 14 2015, pertaining to FOIA Case FA-15-0020, in which I sought documents for a photography project carried out at the United States Military Academy.

Your office denied my fee waiver request because the website of MuckRock, through which I submitted by FOIA request, “does not state the organizations’ main professional activity is publishing or information dissemination to the public” and is therefore not an eligible representative of the news media.

But in the same determination, you quote MuckRock’s website as stating that it is “a collaborative news site that brings together journalists, researchers, activists, and regular citizens to request, analyze & share government documents, making politics more transparent and democracies more informed.”

This description provides clear, unambiguous proof that MuckRock’s “main professional activity” is indeed publishing and disseminating information to the public. First, MuckRock states it is a “news site”—that is, one that seeks to publish news, in the form of newsworthy documents and analyses of those documents. Second, MuckRock states it brings together professional journalists and “regular citizens” to “analyze & share government documents”—that is, to publish and disseminate information to the general public. Third, MuckRock explicitly states it seeks to make “politics more transparent” and “democracies more informed.” These functions are completely synonymous with publishing and disseminating information to the public.

It is unclear how MuckRock could more clearly state that its main function, its main professional activity, is publishing and disseminating information to the public. Numerous other federal agencies have determined that MuckRock is an eligible representative of the news media, and processed their FOIA requests accordingly. Indeed, that is the only real purpose for which MuckRock exists in the first place—to inform the public using the information contained in government documents. It is, without qualification, a representative of the news media.

This concludes my appeal for your office’s fee waiver determination.

In the event that you reject this appeal, however, I hereby commit to paying the estimated assessable costs of $195.80, as your letter requested.

Please let me know if you need any other information.

Thank you, and sincerely,

J.K. Trotter

From: Schmidt, Kirk E CIV USARMY ACC MICC (US)

Classification: UNCLASSIFIED
Caveats: NONE

Good Afternoon,

Your request was for records that more than one component of the USMA may have had.
One of the components that may have had records was the Mission and Installation Contracting Command (MICC).
MICC responded to your request on January 22, 2015. The response is attached.

Maria Luisa Santiago is the garrison FOIA officer, not the MICC FOIA officer.
Her email address is maria.l.santiago32.naf@mail.mil.
MICC has nothing to do with your Fee Waiver.
MICC did not charge any fee for your request.
As far as MICC is concerned your FOIA request is closed because we did not have any responsive records.

Kirk

Kirk Schmidt
Paralegal Specialist

HQ, Mission & Installation Contracting Command
Office of Counsel
2219 Infantry Post Road
Fort Sam Houston, TX 78234-1361

Phone: (210) 466-2268
Fax: (210) 466-2295

CAUTION: The information contained in this email message and in any
accompanying attachments is protected by Attorney-Client and Attorney Work
Product Privileges. It may also contain Freedom of Information Act (FOIA)
protected information, and will thus be protected by the FOIA. This
information may not be released outside of the Department of Defense without
prior authorization from the Office of The Judge Advocate General,
Department of the Army. If you are not the intended recipient of this
information, any disclosure, copying, distribution, or the taking of any
action in reliance on this information is prohibited. If you receive this
email in error, please notify this office immediately by return email.

From: J.K. Trotter

Dear Officer Maria Luisa Santiago,

This is a formal appeal of your office’s fee waiver determination, dated January 14 2015, pertaining to FOIA Case FA-15-0020, in which I sought documents for a photography project carried out at the United States Military Academy.

Your office denied my fee waiver request because the website of MuckRock, through which I submitted by FOIA request, “does not state the organizations’ main professional activity is publishing or information dissemination to the public” and is therefore not an eligible representative of the news media.

But in the same determination, you quote MuckRock’s website as stating that it is “a collaborative news site that brings together journalists, researchers, activists, and regular citizens to request, analyze & share government documents, making politics more transparent and democracies more informed.”

This description provides clear, unambiguous proof that MuckRock’s “main professional activity” is indeed publishing and disseminating information to the public. First, MuckRock states it is a “news site”—that is, one that seeks to publish news, in the form of newsworthy documents and analyses of those documents. Second, MuckRock states it brings together professional journalists and “regular citizens” to “analyze & share government documents”—that is, to publish and disseminate information to the general public. Third, MuckRock explicitly states it seeks to make “politics more transparent” and “democracies more informed.” These functions are completely synonymous with publishing and disseminating information to the public.

It is unclear how MuckRock could more clearly state that its main function, its main professional activity, is publishing and disseminating information to the public. Numerous other federal agencies have determined that MuckRock is an eligible representative of the news media, and processed their FOIA requests accordingly. Indeed, that is the only real purpose for which MuckRock exists in the first place—to inform the public using the information contained in government documents. It is, without qualification, a representative of the news media.

This concludes my appeal for your office’s fee waiver determination.

In the event that you reject this appeal, however, I hereby commit to paying the estimated assessable costs of $195.80, as your letter requested.

Please let me know if you need any other information.

Thank you, and sincerely,

J.K. Trotter

From: USARMY JB San Antonio ACC MICC Mailbox FOIA

Classification: UNCLASSIFIED
Caveats: NONE

You are sending this to the wrong email address.

From: J.K. Trotter

Which is the right email address? I sent the appeal to foia/pa@usma.edu — is there a better one to send my appeal to?

From: Schmidt, Kirk E CIV USARMY ACC MICC (US)

Classification: UNCLASSIFIED
Caveats: NONE

This command, Mission and Installation Contracting Command(MICC) responded to your its part of your FOIA request with a No Records response.
Maria Luisa Santiago works at IMCOM West Point.
I've explained this before...in fact is I explained in the email below.
If you have any questions, ask her.

From: FOIA/PA

Classification: UNCLASSIFIED
Caveats: NONE

Mr. Trotter,

Your appeal for a fee waiver was forwarded to the Initial Denial Authority for direct response to you. They will give you your appeal rights and final determination. Your request is being processed. Please be assured that your request is being handled as equitably as possible and that all documents that can be released will be made available at the earliest possible date.
Regards,

Amos Maldonado
Management Assistant
Freedom Of Information Act/Privacy Act Office
DHR-Administrative Service Division
USAG West Point
646 Swift Road
West Point, NY 10996
☎ (845) 938-7313 (Office)
foia/pa@usma.edu

From: FOIA/PA

Classification: UNCLASSIFIED
Caveats: NONE

J.K. Trotter,

Please see attached the final action concerning your FOIA Case FA-15-0020.

Regards,

Joanne Nocton

Management Assistant

Freedom Of Information Act/Privacy Act Office

DHR-Administrative Service Branch

USAG West Point

646 Swift Road

West Point, NY 10996

(845) 938-7311

foia/pa@usma.edu

NOTICE: Freedom of Information Act (FOIA)/Privacy Act (PA)/Procurement
Integrity Act Confidentiality Notice-For Official Use Only. This
transmission and/or the documents accompanying it may contain sensitive
information subject to the FOIA/Privacy/Procurement Integrity Acts. Unless
you are the intended recipient, or authorized to receive for the intended
recipient, you may not read, print, retain, use, copy, distribute or
disclose to anyone the message or any information contained in the message
as it is prohibited by Federal Law. If you have received this transmission
in error, please notify the sender immediately, and destroy all copies of
the original message (including any attachments).

Classification: UNCLASSIFIED
Caveats: NONE

From: USARMY JB San Antonio IMCOM HQ Mailbox FOIA Requester Service Center

Classification: UNCLASSIFIED
Caveats: NONE

Good Afternoon Sir,

Please see attached. Thank you.

Regards,

Naomi Ludan
Administrative Services Division
Government Information Specialist
G-1 Headquarters, US Army Installation Management Command (IMCOM)
2405 Gun Shed Road (BLDG 2261)
FT Sam Houston, TX 78234-1223
DSN: 450-0418; Comm: 210-466-0418
email: naomi.j.ludan.civ@mail.mil

ASD ICE link is:

http://ice.disa.mil/index.cfm?fa=card&s=990&sp=130112&dep=*DoD

Classification: UNCLASSIFIED
Caveats: NONE

From: USARMY JB San Antonio IMCOM HQ Mailbox FOIA Requester Service Center

Classification: UNCLASSIFIED
Caveats: NONE

Mr. Trotter,

Please see attached. Thank you.

R,

Naomi Ludan
Administrative Services Division
Government Information Specialist
G-1 Headquarters, US Army Installation Management Command (IMCOM)
2405 Gun Shed Road (BLDG 2261)
FT Sam Houston, TX 78234-1223
DSN: 450-0413; Comm: 210-466-0413
email: naomi.j.ludan.civ@mail.mil

ASD ICE link is:

http://ice.disa.mil/index.cfm?fa=card&s=990&sp=130112&dep=*DoD

Classification: UNCLASSIFIED
Caveats: NONE

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