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Babbitt Dui Foia

Babbitt Dui Foia

Page 1: Babbitt Dui Foia


Number of Pages:5

Date Created:April 17, 2012

Date Uploaded to the Library:February 20, 2014

Tags:DUI, Babbitt, FOIA

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425 Third St., SW, Ste. 800 Washington, 20024 Phone: 202-646-5172 
f'11x: 202-6465199 

12/27/2011 16:49 2026465199 JUDICIAL WATCH P.001 

425 Third St., SW, Ste. ROO Washington, 20024 Phone: 202-6465172 fax: 202-6465199 Jntemet: 



BP.cause one above the law! 
December 2011 
FOIA Contact Kathy Ray Department Transportation 1200 New York Ave., N.W., W94-122 Washington, D.C. 20590 (202) 366-4542  FOIA Coordinator JoAnn Noonan Federal Aviation Administration 800 Independence Ave., S.W., ARC-040 Washington, D.C. 20591 (202) 267-9165  
Re:  FOIA  All Records  Babbitt from December  

Dear Mmes. Ray and Noonan: 
Pursuant the Freedom oflnfonnation Act (FOIA), U.S.C.  552, Judicial Watch, Inc . (Judicial Watch) hereby requests that the Department Transportation (DOT) and the Federal Aviation Administration (FAA) produce the following records within twenty (20) business days: 
All records concerning, referring, relating Randy Babbitt. 
The time frame for this request December 2011 through the present. placing this request, Judicial Watch directs your attention President Barack 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. 
Freedom lnfonnation Act. Pres. Mem. January 21, 2009, Fed. Reg. 4683. 
The memo further provides that "The Freedom Information 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), 

425 Third St., SW, Suite 800, Washington, 20024 Tel: (202) 646-5172 1-888-593-8442 FAX: (202) 646-5l99  Email:
December 27, 2011 
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). 
Judicial Watch also hereby requests waiver both search and duplication fees pursuant U.S.C.  552(a)(4){A)(ii)(J1) 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 ofDefense, 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 FOIA litigation. See, e.g., Judicial Watch, Inc. US. Department ofJustice, 133 Supp.2d (D.D.C. 2000); and, Judicial Watch, lne. Department Defense, 2006 U.S. Dist. LEXIS 44003, 
(D.D.C. June 28, 2006). Judicial Watch regularly obtains information about the operations and activities govemment through FOIA and other means, uses its editorial skills turn 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 contrjbute significantly public understanding the operations activities government and not primarily the commercial interest the requester. U.S.C.  552(a)(4)(A)(ili). 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.  552 (a)(4)(A)(viii). 
Judicial Watch 501(c)(3), not-for-profit, educational organi7..ation, and, 
defmition, 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 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 website, and/or newsletter. among other 
December 27, 2011 
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. Also, effort facilitate record production within the statutory time limit, Judicial Watch willing accept docwnents electronic format (e.g. e-mail, .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, please contact Judicial Watch FOIA Program Manager John Althen immediately (202) 646-5172, ext. 302, Judicial Watch looks forward receiving the requested documents and waiver both search and duplication costs within twenty (20) business days. Thank you for your prompt compliance with all applicable laws. 
Lisette Garcia, J.D. 
Senior Investigator