March 4, 2003

VIA CERTIFIED MAIL RETURN RECEIPT REQUESTED (# 7000 0520 0020 1164 4578)

United States Department of Justice
Office of the Attorney General
Attn: Ms. Melanie Ann Pustay, Deputy Director
Office of Information and Privacy
Suite 570, Flag Building
Washington, D.C. 20530-0001

Re: Freedom of Information Act Request

Dear Ms. Pustay:

Judicial Watch, Inc., pursuant to the Freedom of Information Act (hereinafter, “FOIA”), 5 U.S.C. 552, and its regulations, hereby requests from the Office of the Attorney General, true and correct copies of all filings, correspondence, memoranda, documents, reports, records, statements, audits, lists of names, applications, diskettes, letters, expense logs and receipts, calendar or diary logs, facsimile logs, telephone records, call sheets, tape recordings, video recordings, notes, examinations, and/or referenced opinions, folders, files, books, manuals, pamphlets, forms, drawings, charts, photographs, electronic mail, and any other documents or things that refer or relate to the following entities in any way:

1.Islamic Association for Palestine;

2.InfoCom Corporation;

3.Holy Land Foundation for Relief and Development; and

4.American Middle Eastern League for Palestine;

Judicial Watch, Inc. hereby requests expedited processing of this request and we thank you for your expected cooperation in responding to our request in an expedited fashion pursuant to 5 U.S.C. § 552 (a)(6)(E)(ii)(I), because there is a compelling need for the information and time truly is of the essence in this matter. The American public has a right to the requested information and Judicial Watch, Inc. through a variety of means and media detailed below and consistent with its legal and public education mission, will rapidly and efficiently disseminate the information obtained to the American people. In order to accomplish these aims, it is critical that the American people have this request answered in a timely and expedited manner.

Pursuant to the FOIA, if any portions of the requested documents are claimed to be privileged, those portions which are not claimed to be privileged should be provided to the undersigned. This should be done prior to the conclusion of the statutory 20-day period for response.

In addition, under the FOIA there is an absolute requirement to produce those segregable portions of documents which are not claimed to be privileged, as well as a list (“Vaughn Index”) that indicates by date, author, general subject matter, and claims of privilege(s) those documents, or portions thereof, which have been withheld or not provided. Vaughn v. Rosen, 484 F.2d 820 (D.C. Cir 1973), cert. denied, 415 U.S. 977 (1974); Iglesias v. Central Intelligence Agency, 525 F. Supp. 547 (D.C. 1981); see generally LaRocca v. State Farm Mut. Auto. Ins. Co., 47 F.R.D. 278 (W.D. Pa. 1985).

Further, Judicial Watch, Inc. is entitled to a public interest fee waiver for this request. At 5 U.S.C. § 552 (a) (4) (A) (iii), the FOIA sets forth a two prong test to determine whether a fee waiver is appropriate. First, the disclosure must be in the public interest by contributing significantly to the public’s understanding of the operations of the government. Schrecker v. Department of Justice, 970 F. Supp. 49, 50 (D.D.C. 1997); Fitzgibbon v. Agency for International Development, 724 F. Supp. 1048, 1050 (D.D.C. 1989); Larson v. Central Intelligence Agency, 843 F.2d 1481, 1483 (D.C. Cir. 1988). Second, the disclosure must not be primarily in the commercial interest of the requester. Schrecker, 970 F. Supp. at 50; Fitzgibbon, 724 F.2d at 1050; Larson, 843 F.2d at 483.

Judicial Watch, Inc. is a 501 (c) (3) not-for-profit public interest organization. One of its purposes is to provide the public with information which exposes government activities that are contrary to the law. Judicial Watch, Inc. is, in effect, an educational foundation, as well as a law firm, which uses several mechanisms for the dissemination of the information it acquires, and operates to ensure that this information will be made available to the public on a daily basis. Judicial Watch has no commercial use for the requested material and uses the following means, among others, to disseminate its works to the public:

(1) Judicial Watch, Inc. produces several live radio programs, including a two-hour program entitled “The Judicial Watch Report,” which airs nationally once every week on approximately 43 radio stations. Since September 2001, Judicial Watch, Inc. has produced an hour long Spanish language program that airs twice weekly on WQBA -- 1140 AM in Miami, Florida. Since October 29, 2001, Judicial Watch, Inc. also has produced a two-hour program that airs daily on the USA Radio Network. Judicial Watch, Inc.’s weekly and the daily radio programs also can be heard via the Internet at www.USARadio.com and www.JudicialWatch.org.

(2) Judicial Watch, Inc. also produces and broadcasts a twice weekly television program entitled the “The Judicial Watch Report,” which is seen on the Dish Network and the Liberty Network among others. The producer of this program is Brian Doherty, who formerly produced “The O’Reilly Factor” and “The Drudge

Report” on the Fox News Channel.

(3) Judicial Watch, Inc. also maintains an Internet site, www.JudicialWatch.org, on which the public can view and inspect records obtained through FOIA, records

obtained through civil litigation, press releases, editorial works, deposition transcripts and court opinions, among other materials. This website is viewed by over 1,700 people per day on average, and on several occasions, has logged up to 600,000 visitors in a single day.

(4) Judicial Watch, Inc. also publishes a monthly newsletter, which is sent to approximately 210,000 individuals. It also utilizes an E-mail Infonet service which sends out updates of Judicial Watch’s activities over the Internet on nearly a daily basis to 13,700 persons.

(5) Judicial Watch, Inc. also produces several editorial works each week in the form of press releases, which are “blast faxed” to hundreds of radio and television stations, as well as newspapers throughout the country

(6) Judicial Watch, Inc. also publishes periodic reports. For example, on September 28, 1998, Judicial Watch, Inc. published its Interim Report on Crimes and Other Offenses Committed by President Bill Clinton Warranting His Impeachment and Removal from Elected Office. This 145-page report was accompanied by nearly 4,000 pages of supporting documentation, and was crafted, in part, from the raw materials obtained by Judicial Watch, Inc. through FOIA requests. This distinct work has been disseminated widely to the public. On or about August 10, 1999, Judicial Watch, Inc. published its Filegate Status Report, which is 136 pages long and is supported by nearly 1000 pages of documentation. Another recent report by Judicial Watch, Inc. is The Judicial Watch Florida Recount, an independent, non-partisan analysis of the results of Florida’s hotly contested 2000 Presidential election based upon a sampling of ballots reviewed by Judicial Watch, Inc. pursuant to Florida’s version of FOIA. This document was published on March 22, 2001. In addition, Judicial Watch, Inc. published The Judicial Watch 2002 “State of the Union” Report, Bush Administration Ethics Enforcement: “A Failure of Leadership,” in February 1, 2002, and it’s most recent publication is Fatal Neglect: The US Governments Continuing Failure to Protect American Citizens from Terrorists, published September 11, 2002.

Judicial Watch also uses records it obtains pursuant to FOIA at public events such as conferences, seminars and speeches. For example, in October of 2001, Judicial Watch held its third annual “Ethics in Government Conference” in Miami, Florida. Previous conferences were held in Pasadena, California (1999) and Washington, D.C. (2000). Judicial Watch also works with other media organizations to publish new stories that are in the public interest. The Chairman and President of Judicial Watch, Inc. also frequently appear on nationally broadcast television and radio

programs. Judicial Watch is a member of the National Religious Broadcast Association and has been granted press credentials at a number of national conventions and other events.

In short, Judicial Watch, Inc.’s efforts to expose government corruption make news on almost a daily basis, and it functions, in part, as a member of the media. Judicial Watch, Inc. therefore qualifies as a member of the media and is entitled to a waiver of search fees. See National Security Archive v. U.S. Department of Defense, 880 F.2d 1381 (D.C. Cir. 1989). In fact, Judicial Watch, Inc., has been recognized previously as a member of the media in other FOIA litigation. See Judicial Watch, Inc. v. U.S. Department of Justice, 133 F. Supp.2d 52 (D.D.C. 2000). Judicial Watch, Inc. is also entitled to a complete waiver of both search fees and duplication fees pursuant to 5 U.S.C. §552(a)(4)(A)(iii). Again, because Judicial Watch, Inc. has no commercial purpose, its request is not “in the commercial interest of the requestor.”

Indeed, there is an unequivocal public interest served by revealing the aforementioned information. One or more of the above-referenced entities have been publicly reported as having connections with terrorism and/or terrorist groups. This information is not merely intended to satisfy the curiosity of a few. To be sure, the public is always well served when it knows how government activities, particularly matters touching on public safety and homeland security, have been conducted.

In addition, we find a compelling need for the requested information given that a significant part of our operation involves disseminating information as a legitimate news source. Thus, we assert that the request concerns matters of widespread and exceptional media interests in which there exist possible questions about the government’s competence and/or integrity (to include senior government officials) which affects public confidence. Without question, the proper investigation of terrorist activity is of widespread public interest. Disclosure of the requested information will contribute to the understanding of a reasonably broad audience of persons interested in the subject of public safety, and Judicial Watch, Inc. has a demonstrable ability and intention to convey the information to the public, as outlined above.

Disclosure of the requested records will contribute to an understanding of this particular investigation and will further citizen awareness of significant issues, thereby benefiting the general public. We look forward to receiving the requested information and a full public interest waiver fee within ten (10) business days.

Sincerely,

JUDICIAL WATCH, INC.

Todd W. Hutton