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Judicial Watch • 1886 State

1886 State

1886 State

Page 1: 1886 State


Number of Pages:4

Date Created:September 26, 2012

Date Uploaded to the Library:February 20, 2014


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Bcaww orw ahov tlw fo:w! 
September 26, 2012 

Office oflnformation Programs and Services A/GIS/IPS/RL Department State Washington, 20522-8100 

Re: Freedom Information Act 
Dear Freedom nformation Officer: 
Pursuant the Freedom oflnfom1ation Act (FOTA), U.S.C.  552, Judicial Watch, Inc. hereby requests that the Department State produce the following within twenty (20) business days: 
Any and all records regarding, concerning, related the official journal maintained U.S. Ambassador Libya Christophe1 Stevens. According numerous media accounts, this j()urnal was discovered CNN reporter Arwa Damon 1esidence Benghazi, Libya shortly after Ambassador Stevens' death and was subsequently cited CNN news b1oadcasts before being returned the Ambassador's family. This request includes, but not limited to, any copies, summaries, analyses the journal. 
Any and all records communication between any official, employee, representative the U.S. Department State and any official, employee representative any the following entities regarding, concerning, related the contents the journal and/or its discovery, use, and return the Ambassador's family: 

Cable News Network (CNN) 
Turner Broadcasting System, Inc. 
The Government the Republic Italy 
The Federal Bureau oflnvestigation 
The family Ambassador Stevens 
The New York Times call your attention President Obama's January 21, 2009 Memorandum 
425 Third St., SW, Suite 800, Washington, 20024 Tel: (202) 646-5172 1-888-593-8442 FAX: (202) 646-5199 Em.ail: www. 
Department State September 26, 2012 Page2 
concerning the Freedom oflnfonnation Act, which states: 
All agencies should adopt presumption favor 
disclosure, order renew their commitment the 
principles embodied FOIA ... The presumption 
disclosure should applied all decisions involving 

The memo further provides that "The Freedom oflnformation Act should administered with clear presumption: the case doubt, openness prevails." 
Nevertheless, any responsive record portion thereof claimed exempt from production under FOIA, please provide sufficient identifying information with respect each allegedly exempt record portion thereof allow assess the propriety the claimed exemption. Vaughn Rosen, 484 F.2d 820 (D.C. Cir. 1973), cert. denied, 415 U.S. 977 (1974). addition, any reasonably segregable portion responsive record must provided, after redaction any allegedly exempt material. 
u.s.c.  552(b). 
For purposes this request, the term "record" shall mean: (1) any written, 
printed, typed material any kind, including without limitation all correspondence, 
memoranda, notes, messages, letters, cards, facsimiles, papers, fori:ns, telephone 
messages, diaries, schedules, calendars, chronological data, minutes, books, reports, 
charts, lists, ledgers, invoices, worksheets, receipts, returns, computer printouts, printed 
matter, prm,'Pectuses, statements, checks, statistics, surveys, affidavits, contracts, 
agreements, transcripts, magazine newspaper articles, press releases; (2) any 
electronically, magnetically, mechanically stored material any kind, including 
without limitation all electronic mail e-mail; (3) any audio, aural, visual, video 
records, recordings, representations any kind; any graphic materials and data 
compilations from which information can obtained; and (5) any materials using other 
means preserving thought expression. 
Judicial Watch also hereby requests waiver both search and duplication fees 
pursuant U.S.C.  552(a)(4)(A)(ii)(II) and (a)(4)(A)(iii). Judicial Watch entitled waiver search fees under U.S.C.  552(a)(4)(A)(ii)(II) because member 
the news media. National Security Archive Department Defense, 880 F.2d 1381, 
1387 (D.C. Cir. 1989)(defining news media within FOIA context); Judicial Watch has 
also been recognized member the news media other FOlA litigation. See, e.g., 
Judicial Watch, Inc. US. Department Justice, 133 Supp.2d (D.D.C. 2000); 
and, Judicial Watch, Inc. Department Defense, 2006 U.S. Dist. LEXIS 44003, 
(D.D.C. June 28, 2006). Judicial Watch regularly obtains information about the 
Department State 
September 26, 2012 
operations and activities government through FOIA and other means, uses its editorial 
skills tum this information into distinct works, and publishes and disseminates these works the public. intends likewise with the records receives response this request. 
Judicial Watch also entitled complete waiver both search fees and 
duplication fees pursuant U.S.C.  552(a)(4)(A)(iii). Under this provision, records: 
shall furnished without any charge charge 
reduced below the fees established under clause (ii) 
disclosure the information the public interest 
because likely contribute significantly public 
understanding the operations activities government 
and not primarily the commercial interest the 
requester. U.S.C.  552(a)(4)(A)(iii). addition, ifrecords are not produced within twenty (20) .business days, Judicial Watch entitled complete waiver search and duplication fees under Section 6(b) the OPEN Government Act of2007, which amended FOIA U.S.C.  
Judicial Watch 501(c)(3), not-for-profit, educational organization, and, 
definition, has commercial purpose. Judicial Watch exists educate the public 
about the operations and activities government, well increase public 
understanding about the importance ethics and the rule law io. government. The 
pruticular records requested herein are sought part Judicial Watch's ongoing efforts document the operations and activities the federal government and educate the 
public about these operations and activities. Once Judicial Watch obtains the requested 
records, intends analyze them and disseminate the results its analysis, well 
the records themselves, special written report. Judicial Watch will also educate the 
public via radio programs, Judicial Watch's website, and/or newsletter, among other 
outlets. also will make the records available other members the media 
researchers upon request. Judicial Watch has proven ability disseminate information 
obtained through FOIA the public, demonstrated its long-standing and 
continuing public outreach efforts. 
Given these circumstances, Judicial Watch entitled public interest fee waiver both search costs and duplication costs. Nonetheless, the event our request for waiver search and/or duplication costs denied, Judicial Watch willing pay $350.00 search and/or duplication costs. Judicial Watch requests that contacted before any such costs are incurred, order prioritize search and duplication efforts. 
Department State September 26, 2012 Page4of4 effort facilitate record production within the statutory time limit, Judicial Watch willing accept documents electronic format (e.g. e-mai.l, .pdfs). When necessary, Judicial Watch will also accept the "rolling production'' documents. you not understand this request any portion thereof, you feel you require clarification this request any portion thereof, please contact immediately 202-646-5 lo0k forward receiving the requested documents and waiver both search and duplication costs within twenty 
(20) business days. Thank you for your cooperation. 

Judicial Watch Freedom oflnfonnation Act. Pres. Mem. January 21, 2009, Fed. Reg. 4683.