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Judicial Watch • DOJ Letter to JW 5 18 12

DOJ Letter to JW 5 18 12

DOJ Letter to JW 5 18 12

Page 1: DOJ Letter to JW 5 18 12

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Number of Pages:2

Date Created:May 18, 2012

Date Uploaded to the Library:November 02, 2012

Tags:protect, exemptions, Programs, Exemption, Marcia, senior, trial, letter, Counsel, documents, responsive, security, production, National, DOJ, federal, FOIA, Washington, CIA


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U.S. Department Justice
Civil Division
Federal Programs Branch Massachusetts Avenue N.W. Rm. 7132
Washington, 20530
Marcia Berman
Senior Trial Counsel
Tel: (202) 514-2205
Fax: (202) 616-8470
May 18, 2012
VIA HAND-DELIVERY
Chris Fedeli
Judicial Watch, Inc.
425 Third Street,
Suite 800
Washington, 20024
(202) 646-5172
Email: Cfedeli@judicialwatch.org
Re:
Judicial Watch, Inc. DoD, al, Case No. 12-cv-00049-RC (D.D.C.)
Dear Chris:
Enclosed please find disk containing DoD and CIAs production responsive, non-exempt
records, pursuant our scheduling order.
CIA Production
The CIA has conducted search response your FOIA request and has identified
responsive documents from the requested time period January 2011 August 2011. Enclosed
please find responsive documents that are being released part the CIA. The CIA has made
redactions these documents pursuant FOIA exemptions (b)(1), (b)(3), (b)(5), and (b)(6). Please
note that exemptions are noted the first page the document only, and that means Not
Responsive.
Exemption (b)( has been claimed protect the identities CIA officers and other classified
information relating intelligence activities, sources, and methods. Exemption (b)(3) has been
claimed protect information exempt from disclosure pursuant Section 102A(i)(1) ofthe National
Security Act 1947, amended, U.S.C. 403-1(i)(l) (the National Security Act) and Section
ofthe Central Intelligence Agency Act 1949, amended, U.S.C. 403g (the CIA Act). The
National Security Act protects information concerning intelligence sources and methods from
unauthorized disclosure, and the CIA Act exempts the names CIA officers from disclosure, well information concerning the internal organization and functions ofthe CIA. Exemption (b)(5) has
been claimed protect deliberative, pre-decisional communications among CIA employees. Finally,
exemption (b)(6) has been claimed protect individuals from unwarranted invasion personal
privacy; has been used redact primarily Social Security numbers, phone numbers, and email
addresses.
The CIA withholding full additional responsive documents the basis FOIA
exemptions (b)(5), primarily the grounds the attorney-client privilege. These communications
are among CIA employees, including attorneys from the CIAs Office General Counsel. The
communications also contain small amount material that being withheld pursuant the
deliberative process privilege only. Information has also been withheld from these documents
pursuant exemptions (b)(1), (b)(3), and (b)(6) for the same reasons identified above.
DoD Production
DoDs production consists 153 responsive pages. These documents have been determined partially releasable. Information has been withheld pursuant FOIA exemptions (b)(3) (statutes U.S.C. 130(b) and U.S.C. 403g), well exemptions (b)(5) and (b)(6).
Sincerely yours,
Marcia Berman
Senior Trial Counsel
Federal Programs Branch
Civil Division
Enclosure