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Judicial Watch • 2011 jw-v-dod-cia-defdeclarations-09262011

2011 jw-v-dod-cia-defdeclarations-09262011

2011 jw-v-dod-cia-defdeclarations-09262011

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Case :11-cv-00'890-JEB Document 14-1 Filed 09/26/11 Page THE UNITED STATES DISTRICT COURT 
FOR THE DISTRICT COLUMBIA 
JUDICIAL WATCll, INC., Civil Action No. 
Plaintiff, l-cv-00890-JEB 
U.S. DEPARTMENT DEFENSE, and CENTRAL INTELLIGENCE AGENCY, Def end ants. 
Upon consideration Defendants' Motion for Summary Judgment, and any response 
and reply thereto, hereby ORDERED that summary judgment GRANTED favor 
defendants U.S. Department Defense and the Central Intelligence Agency. Plaintifrs 
amended complaint dismissed, with prejudice. 
Dated: 
'l:fon. James Boasbcrg United States District Judge 

Case :11-cv-00890-JEB Document 14-2 Filed 09/26/11 Page 

UNITED STATES DISTRICT COURT 
FOR THE DISTRICT COLUMBIA 

JUDIC IAL WATCH, INC., 
Plaintiff, 
Case No.: 1:11-cv-00890 
U.S. DEPARTMENT DEFENSE, al. 
Defendants. 
DECLARATION JOHN BENNETT 
DIRECTOR, NATIONAL CLANDESTINE SERVICE 
CENTRAL INTELLIGENCE AGENCY JOHN BENNETT, hereby declare and state: the Director the National Clandestine Service "NCS" the Central Intelligence Agency ("CIA" "Agency") was appointed this position July 2010. oined the 
variety leadership positions with the Agency, including Chj_ef the Special Activities Division anct Deputy Chief the 
Africa Division Most career with the CIA has been spent overseas operational positions, including four tours 
the Chief overseas CIA Stations. The NCS the organization within the CIA responsible 
for conducting the CIA's foreign intelligence and 

Case :11-cv-00890-JEB Document 14-2 Filed 09/26/1 Page 

counterintelligence activities. Director the NCS, responsibility oversee its mission strengthening the national security and foreign policy objectives the United 

States through the clandestine collection human intelligence, technical collection, and Covert Action. One the.additional responsibilities that comes with this position the authority assess the current, proper classification CIA information 
based the classification criteria Executive Order 13526. 
Pursuant the original TOP SECRET clasification authority 

that has been delegated me, authorized make original classification and declassification decisions. When called upon exercise this authority, ensure that any determinations regarding the classification CIA informq.tion are proper and that the public release such information does not jeopardize the national security disclosing classified intelligence ope.ratid. ... 
onaf-targets -or--endanger -Unit-eStates government personnel, facilities, sources. submitting this declaration support the 
government's motion for surrunary judgment this proceeding. Through the exercise official duties, have become familiar with this civil action, the underlying Freedom 
Information Act ("FOIAu) request, and the responsive records described below. make the following statements based upon 
---... 
--- - -

Case :11-cv-00890-JEB Document 14-2 Filed 09/26/11 Page 

personal knowledge and information made available 
official capacity. 1he purpose this declaration describe, the 
greatest extent possible the publi6 record, the bases for 

determination that the responsive CIA records this case 
cannot publicly disclosed. This declaration divided into 
three sections. First, describe the Plaintiff's FOIA request 
and the CIA's response. Second, describe the CIA records that 
are issue this case, each which have persortally 
reviewed. Third, set forth the reasoning for determinaton 
that the responsive records are protected from disclosure 

pursuant FOIA exemptions (b) (1) and (b) (3) because they 

contain information pertaining classified CIA intelligence 
activities and methods, sensitive military operations and plans, 
and the foreign activities the United States, the release
,of 
which reasonably could expected cause exceptionally grave 
damage the national defense and foreign relations the 
United States. This conclusion based on, among other things, over twenty-five years experience with the CIA, including extensive service hostile overseas environments; 
knowledge the May 2011 operation that killed Usarna Bin 
Laden ("UBLu) and the responsive records this case that are the Court's request, the CIA prpared supplement this unclassified declaration with classified declaration C{mtaining additional information that the CIA cannot file the public record. 

Case :11-cv-00890-JEB Document 14-2 Filed 09/26/11 Page 
related that operation; and experience countering the 
current threat that the ited States faces from al-Qa'ida and 
other hostile groups around the world. 
PLAINTIFF'S FOIA REQUEST AND THE CIA'S RESPONSE May 2011, the CIA received FOIA request from 

Judicial Watch, Inc. ("Plaintiffu), for "all photographs and/or 
video recordings Osama (Usama) Bin Laden taken during and/or 
after the U.S. military opera tion kistan about May 

2011.u true and correct copy the request attached 
this dBclaration Exhibit The CIA has interpreted 
Plaintiff's request ferring the operation conducted 
the United States that resulted the death Usama bin Laden about May 2011.2 May 2011, Plaintiff filed complaint the 
United States District Court for the District Columbia 

against the U.S. Depa rtment Defense ("DoDu), which had also 
received the same FOIA request from Plaintiff. May 2011, the CIA sent Plaintiff letter 

acknowledging recept Plaintiff's FOIA request and advised 
that would processed cordance with the FOIA. true 
and correct copy the letter attached this declaration Exhibit May 2011 Pakistan. Due the ciiff0rcncc time zones, :Lt was May 2011 the United States. 

Case :11-cv-00890-JEB Document 14-2 Filed 09/26/11 Page June 2011, Plaintiff filed amended complaint adding the CIA defendant. July 2011, DoD and CIA filed answr Plaintiff's amended complaint. 

10. response Plaintiff's FOIA request the CIA conducted search reasonably calculated locate records responsive Plaintiff's request for all photographs 
and /or video recordings taken UBL about May 2011. The 

search was conducted CIA employees who have access the pertinent CIA records and who are qualified training practice search those records for information the course their professional duties. The search specifically included 

the records systems the CIA components most likely have records related the May 2011 operation described below. Given the nature the ope ration and the close proximity 

------ ----t-irne--oeEween--tne___ope-X::aTr
ri-and Pial"nt:-:c:t:rs-,---fern-r"eqlie-st:-, --t.he--crA-
was able determine with particularity which components were 
most likely have responsive records. Based knowledge the CIA's records systems and the search that was conducted, have determined that the CIA searched the records systems 
likely contain ecords responsive Pla intiff FOIA 
request. 

Case 11-cv-00890-JEB Document 14-2 Filed 09/26/11 Page 

THE RESPONSIVE RECORDS ISSUE 

Case :11-cv-00890-JEB Document 14-2 Filed 09/26/11 Page 

these responsive photographs and concluded with high confidence 
that the deceased individual was fact UBL. 
12. described below, these responsive records reflect information pertaining classified CIA intelligence activities 
and methods, well information pertaining assified tary plans and operations and sensitive foreign activities the United States. have determined that the public release these records reasonably could expected cause 
exceptipnally grave damage the national security the 

Uniteq States. addition, because the highly classified 

nature these images, Gannot further describe their contents 

Case :11-cv-00890-JEB Document 14-2 Filed 09/26/11 Page 

Executive Order 13526 ("Order"). rOIA exemption (b) (1), 
U.S.  552(b) (1), provides that the FOIA does not apply 
matters that are: (a) specifically authorized under cr.iteria 
established Executive Order kept secret the 
interest national defense foreign policy; and (b) are 
fact properly classified pursuant such Executive Order. 
U.S.  552(b) (1). described below, have determined that 
the responsive records issue this case are currently and 
properly classified accordane with the substantive and 
procedural requirements Executive Order 13526, thereby making 

them exempt from disclosure under FOIA exemption (b) (1). 
14. Section l.3(a) the Order provides that the 
authority clas information originally may exercised 
only the President, the Vice President, agency heads and 
officials designated the President, and United States 

Government officials delegated authority pursuant section 
1.3(c). Section l.3(c) (3) provides that TOP SECRET original 
classification authority may delegated only the Pre sident, 
the Vice President, any agency head official designated 
pursuant section (a) (2) 
15. accordance with section 1.3(a)(2) the Order, the 
President designated the Director the CIA official who 

Case :11-cv-00890-JEB Document 14-2 Filed 09/26/11 Page 
may classify information originally TOP SECRET.3 Section 
l.3(b) the Order provides that original TOP SECRET 
classification authority includes the authority classify information originally SECRET and CONFIDENTIAL. 
16. Section 6.l(i) the Order defines "classified 
national security information" "classified information" 

"information that has been determined pursuant this ordr 
any predecessor order require protection against unauthorized 
isclosure and marked indicate its classified status when 
.in documentary form." Section (cc) the Order defines 
"national security" the "national defense foreign 

relations the United States." 
17. Section 1.l (a) the Order provides that information 
may originally classified under the terms this Order only all the following conditions are met: (1) original 

------
classification authority classifying the information; (2) the 
information owned by, produced for, under the 
control the United States Government; (3) the information 
falls within one more the categories information listed section 1.4 the Order; and (4) the original classification 
authority determines that the unauthorized disclosure the 
information reasonably could expected result some level 
Order  President,  Original  Classification  Authority,  Fed.  Reg.  735  
{Jan.  2010).  

Case :1 -cv-00890-J Document 14-2 Filed 09/26/11 Page damage the national security and the original 

classification authority able identify describe the damage. 

18. Original Classification Authority. Pursuant section the Order, the Director the CIA has delegated original TOP SECRET classification authority me. original classification authority, authorized 

conduct classification reviews and make original classification decisions. 

19. U.S. Government Information. Information may originally classified only the information owned by, 

produced for, under the control the United States Government. The information responsive Plaintiff's FOIA request information that owned under the control the United States Government. 

20. J?-ope"I-Purpase--:-r-n-accorcfance-wit:h.-secfrori-i .-7 this Order, have determined that information concerning the records responsive Plaintiff's FOIA request has been classified order conceal violations law, inefficiency, administrative error; prevent embarrassment person, organization agency; restrain competition; prevent 
delay the release information that does not require protection the interests national security. 

Case :11-cv-00890-JEB Document 14-2 Filed 09/26/11 Page 
21. Categories Section 1.4 the Executive Order. Executive Order 13526 addresses classification information relating intelligence and national curity Section 4(c) piovides that informatibn shall sified only when pertains to, inter alia, information concerning "intelligence activities (including covert action), intel igence sourcs methods, crypto logy Section l.4(d) provides that 

information regarding "foreign relations foreign activities the United States" 
may classified. this' case, all the pons ive records are the product highly sensitive, overseas operation that was conducted under the direction the CIA; accordingly, have determined that 
all the records pertain telligence activities and/or methods well the foreign relations and foreign activities the United tates further describe this information and its relation the 
-
--nafioiiaI--s-e.curTty--iieTow :---1nadCi1tion-,--wl1-ile 
responsive Plaintiff's FOIA request belong the CIA, the responsive records also reveal information concerning "military plans, weapons systems, operations" that are clas sified 

pursuant Section 1.4(a). These DoD equities will further 
addressed the declarat ions Admiral William McRaven and Lieutenant General Robert Neller, which are also being filed support the government's motion for summary udgment this proceeding the responsive records relating DoD equities reasonably 
could expected cause harm the national security. 
---.... ---

Case 11-cv-00890-JEB Document 14-2 Filed 09/26/11 Page Harm National Security from Release Images UBL 

23. this case, the responsive records contain images 

UBL's body after was killed. These post-mortem images the 
former leader al-Qa'ida include photographs the gun-shot 

wound his head. short, these pictures are gruesome. 
result, the release these graphic photographs and other images UBL's corpse reasonably could expected inflame 
tensions among. overseas populations that include al-Qa'ida 
members sympathizers, encourage propaganda various 
terrorist groups other entities hostile the United States, lead retaliatory attacks against the United States
homelandor United States citizens, officials, other 
government personnel traveling living abroad. Therefore, 

have determined that releasing images UBL taken during and/or 
after the May 2011 operation reasonably could expected 
-cause exceptionally grave damage the national defense and 
foreign relations the United States. such, all the 
records responsive Plaintiff's request are properly 
classified TOP SECRET and are therefore exempt from 
disclosure pursuant FOIA exemption (b) (1). reaching this 

determination, was mindful President Obama's statement that 

"given the graphic nature these photos, [releasing them] 
would create some national security risk, they might used 

Case :11-cv-00890-JEB Document 14-2 Filed 09/26/11 Page "an incitement additional violence [or) propaganda 
tool. 

24. More specifically, the public release of, the responsive records would provide terrorist groups and other entities hostile the United States with information create propaganda which, turn could used recruit, raise funds, inflame tensions, rally support for causes and actions that reasonably could expected result exceptionally grave damage defense and foreign relations the United has very effective propaganda 
operation. For Iraqi detainees the 
Abu Ghraib prj_son al-Qa'ida made very effective 

use that information extremist websites that recruit 
jihadists and solicit financial support. Similarly, post-mortem 

images UBL would provide encouragement and ready-made 

and deadly attacks against the United States homeland United 
States citizens, officials, other government personnel 
traveling living abroad. 
25. The damage the United States national security that 
could result through the public disclosure the responsive 
records not merely conjectural. Indeed, since UBL's death, 
al-Qa'ida has already attempted use the circumstances 
surrounding his death and burial propaganda recruit and 

Case 11-cv-00890-JEB Document 14-2 Filed 09/26/11 Page 
further its goal harming the United States. For instance, the sununer 2011 edition Inspix:e Magazine, English-language online magazine publihed al-Qa'ida iri the Arab Peninsula 
("AQAP"), included article devoted the so-called "martyrdom" UBL. addit Ayman Al-Zawahiri, the current al-Qa'ida leader, released video June 2011 eulogizing UBL. the video, Zawahiri attacked the United States assertions that UBL received appropriate Islamic burial sea. Thus, releasing post-mortem images UBL that reflect the gruesome nature his fatal injuries, well his burial sea, could enhance al-Qa'ida's efforts use these events further attack and otherwise inflict exceptionally grave damage the 

security interests the United States. 
26. The publ release graphic post-mortem images UBL could also generate fodder for.extremist commentary that 
-. 
f--- 
-it
_,, could--furth-er--i-nCite-attacksa.-ainst-theunitec a-es and
-
citizens. instance, although the United States military 
took cautionary steps producing deceased al-Qa'ida Iaq 
(or "AQI") lader Abu Musab al-Zarqawi's posthumous image through cleani0g the body, foreign editorials criticized the released label ing the photo "trophy.n Editorials 

Pakistan also portrayed the repeated rebroadcasts the photo "ad for jihad" that was broadcast around the world. 

this case, such controversy relating release the UBL 

Case 11-cv-00890-JEB Document 14-2 Filed 09/26/11 Page 

images could similarly used al-Qa'ida other hostile 
entities propaganda recruit jihadists, solicit financial 
support, encourage attacks against the United States. 
27. Moreover, the release graphic and posthumous images UBL, including images his burial, could interpreted deliberate attempt the United States humiliate the late al-Qa'ida leader. For example, media scenes involving photos UBL juxtaposed against scenes celebration the United 
States could cause feelings denigration and could trigger violence, attacks, acts revenge against the United States 
homeland its citizens, officials, other government 

personnel living traveling overseas. Accordingly, have 

determined that disclosure the responsive records reasonably 
could expected cause exceptionally grave damage the United States. Therefore, the responsive records are properly 

pursuant FOIA exemption (b)  Harm  National  Security  from  Release  
Information  Pertaining  CIA  Intellig ence  
Activities  and  Methods  

28. addition the harm described above, which applies all the responsive images, additional harm national 
security could caused the fact-that release certain 
responsive records could also reveal intelligence activities and 
methods that were employed during after the operation. 

Case 11-cv-00890-JEB Document 14-2 Filed 09/26/11 Page 
Generally speakng, intelligence methods are the means which the CIA accomplishes its mission, while intelligence activities embody the operational implementation such methods. 
Intelligence methods include the basic business prac tices and methodological "toolsn used the CIA accomplish its mission. The "intelligence methodsn not limited sophisticated techniques and electronic devices. "Intelligence methodsn also include, among other things, semingly innocuous 

factssuch where the CIA operates has operated and how long the CIA ?perated particular part the world. Once intelligence method (or the fact its use certain situation) discovered, its continued successful use the CIA seriously jeopardized. information-about particular intelligence method disclosed, that information can also used adversaries the United States detect, prevent, 

.... -- ---dama-ge" 

hostile operations against the United States. For similar reasons, the CIA must protect from public disclosure not only the information about the intelligence methods that utilizes, but also information that reveals methods the CIA does not use, this may indicate potential weakness vulnerability the CIA's operations capabilities. 

29. this case, the release certain responsive records would reveal information about intelligence methods and 
Case 11-cv-00890-J Document 14-2 Filed 09/26/11 Page 

activities providing insight into the manner which the 

photographs video recordings were obtained well the 
purpose, utility, manner which the photorapfis video 
recordings could used the CIA and the extent 
limitations such capabilities. way example, release 
post-mortem photographs UBL that were used conduct facial 
recognition analysis could provide insight into the manner 
which such analysis conducted the extent limitation 
such analysis. Release other images could similarly reveal 
the types equipment other tools that were utilized (or 
not) during the execution highly sensitive intelligence 
operation, well information regarding the pupose, extent, limitations such tools. Such disclosures could allow 
hostile governments, intelligence agencies, and other 
adversaries take steps evade, counter, replicate the 
-- ----
CIA's intelligence collection methods, thereby limiting their 

utility rendering them obsolete. Moreover, even seemingly 
innocuous details contained the responsive records could 
harmful publicly disclosed. Foreign intelligence services 
specialize collecting information from many sources and draw 
conclusions from all the information gathered. While 
information isolation may seem innocuous its face, can 
nonetheless combined with similar information which could 

Case 11-cv-00890-JEB Document 14-2 Filed 09/26/11 Page 
further expose intelligence methods and assist efforts uncover, evade, counter such methods capabilities. Because insight into the intelligence methods and activities associated with the May 2011 operat ion could assist those who wish detect, evade, replicate, counter such met hods have determined that disclosure certain responsive records reasonab could expected result exept ionally grave damage the national secur ity such these responsive records are properly class ified and therefore exempt from disclosure pursuant FOIA exempt ion (b) 
II. FOIA Exemption (b) (3) 
31. FOIA exemption (b) (3), U.S.  552 (b) (3), provides 

that the FOIA disclosure provisions not apply matters that 
are specifically exempted disclosure statute, provided that such statute (a) require that the matters withheld 

--rrom--"the publ:ic--1n:-sl"fcn --a.--mann."er-a.s--t-o-Teav_e_ 
rYo -aisc-retron-on-

the issue; (b) establishes particular criteria for 

withholding refers particular types matters withheld. 
32. National Security Act 1947. Section 102A(i) (1) the National Security Act, amended, provides that the Director National Intelligence ("DNI") "shall protect intelligence sources and methods from unauthorized disclosure." Acco rdingly the National Security Act constitutes federal 

Case :11-cv-00890-JEB Document 14-2 Filed 09/26/11 Page 
statute which "requires 
that the matters withheld from the 
public such manner leave discretion the issue." U.S.C.  552 (b) (3) Under the direction the DNI pursuant 
section 102A, and consistent with section 1.6(d) Executiv 
Order 12333, the CIA authorized protect CIA sources and 
methods from unauthorized disclosure. described above, 
have determined that disclosure the responsive records would 
reveal information pertaining the intelligence methods and 
activi ties the CIA. Therefore, the responsive records are 
protected from public disclosure the National Security Act 
and FOIA exemption {b) (3) 

3-3 Central Intelligence Agency Act 1949. Section 
the CIA Act, amended, provides the interests the security the foreign 
intelligence activities the United States and 
order further implement section 403-l (i) this 

title that the Director Naional Intelligence shall 

.... ---be--respn-sible-forpot-ect'ing-intellignce--sources-and ---- ----methods from unauthorized disclosure, the [CIA] shall exempted from the provisions any other law which require the publication disclosure the organization, functions, names, official titles; salaries, numbers personnel employed the Agency U.S.C.  403g. one the CIA's primary functions 

collect intelligence through human sources and other Section l.6(d) Executive Order 12333, amended, C.F.R. 200 (1981) reprint U.S.C.A.  401 n9te 25, and amended Executive Order i34To Fed Reg 45, 323 (July 30, 2008) .requires the Director th0 Central telligence Agenc "[p] rotect intelligence and intelligence sources, methods and activities from unauthorized disclosure 

Case :11-cv-00890-JEB Document 14-2 Filed 09/26/11 Page 
appropriate methods Section the CIA Act authorizes the CIA withhold information pertaining telligence methods and 
activities that related the CIA' core functions this case, the information described above concerning the CIA' 
intelligence methods and activities spec ifi cally protected 
from disclosure the CIA Act because such methods and 
activities constitute core function the CIA. Accordingly, the responsive records are subject the 
protections both the Nationa Security Act and the CIA Act 
and are therefore exempt from disclosure pursuant FOIA 

exemption (b) (3) contrast Executive Order 13526, the 
CIA' statutory requirements under the National Security Act and 

the CIA Act further protect intelligence 
methods are absolute 
and not require the CIA identify describe the harm 
the national security that reasonably could expected 
result from their unauthorized disclosure. Nonetheless, the 
information thheld pursuant exemption (b) the same 
the information described above relating inte lligence methods 
and activitie withheld pursuant exemption (b) (1) Thus, its 
disclosure reasonably could expected result 
exceptionally grave damage the national security the 
United Sta'tes 
Case 11-cv-00890-JEB Document 14-2 Filed 09/26/11 Page 
35. Segregability Analysis. Finally, conducted 
careful review each responsive record ensure the information was properly withheld pursuant the FOIA 
exemptions outlined above Any non-exempt information the 
responsive records inextricably intertwined with any exempt information that there are meaningful reasonably 
segregable, non-exempt portions Accordingly, have determined 
that the responsive records must withheld full. 
CONCLUSION 

Disclosure the responsive records this case 
reasonably could expected cause exceptionally grave damage the national security the United States, and the records 
are therefore exempt from disclosure pursuant FOIA exemption 
(b) (lJ In addition, such records are subject the 
protections the National Security Act and the CIA Act and are 

Case :11-cv-00890-JEB Document 14-2 Filed 09/26/11 Page 

EXHIBIT 

'C05664554 
'-.o.I ""'' 1............. 11:07 

Judicial .Jo11-(>1 Watcli 
B11r,1;1,1u.1i (lne
i.s 11-bewe 1Jw lii1,1;! 
May 201 
VIA MAIL 
Informati:on and Privacy Coordinator 
Ccntral lo.te!Jigenc.:: Agc::ncy  
Washington., 20505 
Dear Freed.om ltlfom1at!on Officer: 
Pursuant the prnvisions the Freedom Informatio1) Act (FOIA), U.S.C.  552, Judicial Watch, tnc. hereby requests that the Ccnual InteUigmlce Agency prod'c.e" within twenty 
(20) buness days, al pb.ot.ogtaphs alld/or video recording: Osama (U9am.a) Sin taden. takm d1ui.11g and/or a(:te1; the U.S. miitacy opetntion Pal.Ostan about May 201 
Judicial Watch. also requests wJver ofhoth search and duplication fees pursuant 
U.S.C.  55'.2(a)(4)(A)(ii)(.1l) and U.S.C.  5S2(a)(4)(,)(iii). Judicial Watch entitled waiver Jearch fees u.nder U.S.C.  S52(n)(4)(A)(ii)(I0 becae member the news rnedia. Jud.ic.ial Watch also .is entitJed co.mpletc waiver both search re:es and duplication fees pursu.ant U.S.C.  S52(a)(4)(A)(iii). addjtion, records are not produced within twenty (20) business days. Judicial Wsrch enLitled compte10 waivei search aDd duplication foes undenhe OPEN Go"ernment.Act o0.007. Section 6(b). 
Judicial Watcb 501 (c)(3), n.ot;for-profit, educational orgaoi7..arfo11, and, dennir.ioo., has n,o com.tnerclal. purpose. Judicial Watch exisrs educati;: the public about the operations and activitk government, a..; i.acrse public underding about the iI.nportatlce: ethic!i and the n.1le law government. 11tc parlict1ar recotd$ rcq1.1ested. hcrcin aro sought part. Judicial Watch ongoing efforts document the. operations .a.nd activities the federal govenmi.ent and educ.ate the public about these operations and activities. Once Judicial Watch ob1ain the rcqueted ttcorc.ls, i11te:t1d analyze: them and disseminate the rc::mlts i1:s 
425 Thlrd St. SW, Suile 800. Ws)1ingto1, DC: 200/:4 'fd: (W:t) 64(,_5172 l-8S-S93-8442 
 
f.o,X: (Z02.) 64u-5l99 EmRU: ldfl_WAi66NilLg 'll(Ww..ludici11LWa!ch,arg 

JUN. 16. 
2Jse31 cv-00890-JEB 
Document 14-2 Filed 09/26/11 Page 

Case :11-cv-00890-JEB Document 14-2 Filed 09/26/1 Page 

C'flttai lurligence Agercy May 2011 
Mr. Michuel Bekesbu Jum.'e the law! 
May 2011 

OSD/JS FOIA Requester Service Center Office Freedom lnformation Defense Pentagon 
Wa-shington, 20301 155 

Dear Freedom ofTnfonnation Officer: 
Pursuant the provisions the Freedom Information Act (FOTA), U.S.C.  552, JudioiaJ Watch, Inc. hereby requests that 1he U.S. Department Defense pr.:>duce, within twenty
(20) business days, all photographs and/or video recordings Osama (Usama) Bin Laden taken dwing and/or after the U.S. military operation Pakistan about fay 201

Jud.i.ciaJ Wa.tch also .requests waiver both seaxch and duplication fees pursuant 
U.S.C.  552(a)(4)(A)(ii)(Il) and U.S.C.  552(a)(4)(A)(iii). Judicial Watch entitled waiver search fees under U.S.C.  552(a)(4)(A)(ii)(H) because i.s member the news media. Judicial Watch also entitled complete waiver both search fees and duplication fees pursuaot 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 the OPEN Government Act of2007, Section 6(b). 

Judicial Watch 501 (c)(3), not-for-profit, educational organization, and, definition, has commercial purpose. Judicial Watch e)llsts educate the public about the operations and activities ofgovernment, a well incre public understanding about the importance ethics and the rule oflaw government. The particular records requested herein are sought part .Tudicia.1 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. also wilJ make the records avf1ilablc other members the media researchers upon request. Judicial Watch has proven a.bil.ity disseminate informati obtained through FOTA tbe public. 
Given these circumstances, Judicial Watch entitled public interest foe wa]vcr both search costs and duplication costs. Nonetheless, the event our request for waiver 
425 Third St., SW, Suite 800, Washington, 20024 Tl: (202) 646-5 172 err 888-593-442 FAX: (202) 646-5 199 Emil: info@.ludicialWatch.org www.JudiciaJWarch.org 
MAY-03-201 10: 04AM From: 2026460190 ID: Page :002 R=96% 

051EJ31201caJ=f1 1-cJ(jJEs Document 14::1311



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