Unite the Right (VSP)

Mr. Nash,

You have requested the following information:

1. Internal emails with the keywords "Unite the Right," "Antifa," Alt-Right," "Baked Alaska," "Riot,""Heather Heyer,""Protest,""Nazi"

2. Memoranda concerning the Unite the Right rally

3. Threat assessments concerning the Unite the Right Rally

4. Field reports from August 11th and 12th of the Unite the Right Rally

5. After action reports from August 11th and 12th for the Unite the Right Rally

6. Incident reports from August 11th and 12th for the Unite the Right Rally

7. Use of force reports from August 11th and 12th

8. Any records related to the stand down order given to police, reported by the ACLU of Virginia.

9. Photos and videos from August 11th and 12th taken at the Unite the Right Rally

The Department responds as follows:

1. The materials you are requesting constitute records relating relative to criminal intelligence or any terrorism investigation and are governed by specific statutory authority and are excluded from the provisions of FOIA pursuant to § 52.48.

2. The materials you are requesting constitute records relating relative to criminal intelligence or any terrorism investigation and are governed by specific statutory authority and are excluded from the provisions of FOIA pursuant to § 52.48 or are "records contain[ing] specific tactical plans" and are being withheld under § 2.2-3706 (A)(2)(e).

3. The materials you are requesting constitute records relating relative to criminal intelligence or any terrorism investigation and are governed by specific statutory authority and are excluded from the provisions of FOIA pursuant to § 52.48.

4. Pursuant to Virginia Code § 2.2-3704(B)(3), the requested records could not be found or do not exist.

5. The materials you are requesting constitute records relating relative to criminal intelligence or any terrorism investigation and are governed by specific statutory authority and are excluded from the provisions of FOIA pursuant to § 52.48 or are "records contain[ing] specific tactical plans" and are being withheld under § 2.2-3706 (A)(2)(e).

6. The materials you are seeking constitute "documents and information, including complaints, court orders, memoranda, notes, diagrams, maps, photographs, correspondence, reports, witness statements, and evidence relating to a criminal investigation or prosecution" and would be contained in the criminal investigative files of the Virginia Department of State Police. Criminal investigative files, and their contents, are excluded from the provisions of FOIA pursuant to § 2.2-3706 (A)(2) of the Act, "but may be disclosed by the custodian in his discretion." That section makes no differentiation between open or closed investigations and are being withheld under § 2.2-3706.

7. The records you request are "an administrative investigation relating to allegations of wrongdoing by employees of a law-enforcement agency" and are being withheld under §2.2-3706(A)(2)(i).

8. Pursuant to Virginia Code § 2.2-3704(B)(3), the requested records could not be found or do not exist.

9. The materials you are seeking constitutes "documents and information, including complaints, court orders, memoranda, notes, diagrams, maps, photographs, correspondence, reports, witness statements, and evidence relating to a criminal investigation or prosecution" and would be contained in the criminal investigative files of the Virginia Department of State Police. Criminal investigative files, and their contents, are excluded from the provisions of FOIA pursuant to § 2.2-3706 (A)(2) of the Act, "but may be disclosed by the custodian in his discretion." That section makes no differentiation between open or closed investigations. Additionally pursuant to § 2.2-3706 (A)(2)(h), portions of the records you request are "records containing information related to undercover operations or protective details that would reveal the staffing, logistics, or tactical plans of such undercover operations or protective details", or "records contain[ing] specific tactical plans" under § 2.2-3706 (A)(2)(e), The Department has considered your request and, pursuant to §2.2-3704, elected to exercise its statutory discretion under § 2.2-3706 not to release the photos or video or the records contain information relative to criminal intelligence or any terrorism investigation and are governed by specific statutory authority and are excluded from the provisions of FOIA pursuant to § 52.48.

The Department has considered each of your requests and, pursuant to §2.2-3704, elected to exercise its statutory discretion under § 2.2-3706, where cited and for all materials related to the Unite the Right rally in Charlottesville, not to release the requested documents.

First Sergeant David L. Ostwinkle

Virginia Department of State Police

Office of Legal Affairs
Bureau of Administrative and Support Services
Office: (804) 674-2642

Mobile: (804) 393-0011