1911 ODNI Benghazi
Number of Pages:4
Date Created:October 19, 2012
Date Uploaded to the Library:February 20, 2014
Autogenerated text from PDF
Judicial Watcli Beca.use one i,s above the law! October 19, 2012 FOINPrivacy Act Office Office the Director National Intelligence (ODNT) Washington, 20511 Re: Freedom Information Act Dear Freedom Information Officer: Pursuant the Freedom Information Act (FOIA), U.S.C. 552, Judicial Watch, Inc. hereby requests that the Office the Director ofNational Intelligence (ODNI) produce the following within twenty (20) business days: Any and all memoranda, assessments, analyses, and/or talking points 1egarding the September 11, 2012 attack the U.S. Consulate Benghazi, Libya and/or the killing U.S. Ambassador Christopher Stevens produced the Office the Director National Intelligence between September 11, 2012 .and September 20, 2012. This request includes, but not limited to, the "speaking points" memorandum referred Senator call your attention President Obama's January 21, 2009 Memorandum concerning the Freedom Information 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 FOIA.1 The memo further provides that "The Freedom Infonnation Act should administered with clear presumption: the case doubt, openness prevails." 425 Thi.rd St., SW, Suite 800, Washington, 20024 Tel: (202) 646-5172 1-888-593-8442 FAX: (202) 646-5199 Email: info@JudiciaIWatch.org www.JudicialWatch.org ODNI October 19, 2012 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, fo1ms, telephone messages, diaries, schedules, calendars, chronological data, minutes, books, reports, charts, lists, ledgers, invoices, worksheets, receipts, returns, computer printouts, printed matter, prospectuses, 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)(ll) beause member the news media. National Security Archive Department Defense, 880 F.2d 1381, 1387 (D.C. Cir. 989)(defining news media within FOIA context). Judicial Watch has also been recognized member the news media other FOIA litigation. See, e.g., Judicial Watch, inc. US. Department ofJustice, 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 operations and activities government through FOIA and other means, uses its editorial skills turn this information into distinct works, and publishes and disseminates these works the pubHc. 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 sjgnificantly public understanding the operations activities govenunent and not primarily the commercial interest the ODNI October 19, 2012 requester. U.S.C. 552(a)(4)(A)(iii). addition, records 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 2007, which amended FOIA U.S.C. (a)( 4)(A)(viii). 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 government. The particular records requested herein are sought part Judicial Watch's ongoing effo11s 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 atility todisseminate information obtained through FOIA the public, demonstrated its long-standing and continuing publjc 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 prioritiz search and duplication efforts. effort facilitate record production within the statutory time limit, Judicial Watch willing accept documents electronic format (e.g. e-mail, .pdfs). When necessary, Judicial Watch wjll 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 202-646-5172 firstname.lastname@example.org. look forward receiving the requested documents and waiver both search and duplication costs within twenty (20) business days. Thank you for your cooperation. ODNI October 19, 2012 Freedom ofInformation Act. Pres. Mem. January 21, 2009, fed. Reg. 4683.