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Judicial Watch • JW v DHS documents 00222

JW v DHS documents 00222

JW v DHS documents 00222

Page 1: JW v DHS documents 00222


Number of Pages:183

Date Created:January 27, 2016

Date Uploaded to the Library:January 27, 2016

Tags:exemptions, 00222, Customs, terrorist, border, Inspector, field, Homeland, activity, protection, exhibit, documents, DHS, security, FBI, records, DOJ, FOIA, department, office, Washington, IRS, ICE

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Department Homeland Security
Washington, 0528
July 17, 2015
Mr. William Marshall
Judicial Watch
425 Third Street,
Suite 800
Washington, 20024
Subject: Judicial Watch, Inc. U.S. Department Homeland Security
(Civil Action No. 15-00222-RBW), Second Interim Response
Dear Mr. Marshall:
This the Department Homeland Security (DHS) Office Inspector
Generals (OIGs) second interim response Judicial Watchs Freedom
Information Act (FOIA) request for (1) copy DHS-OIG report
regarding hands off list purportedly maintained DHS, [U.S.]
Immigration and Customs Enforcement (ICE) and/or [U.S.] Customs and
Border Protection (CBP) used allow certain individuals enter the
United States, who had been previously denied entry the United States been made undergo secondary screening CBP based
suspicion terrorism ties; and (2) all communications from former
Acting/Deputy Inspector General Charles Edwards regarding that report
from May 31, 2013, May 31, 2014. This response provided
accordance with the Joint Status Report June 15, 2015, which was
filed the United States District Court for the District Columbia
the above-captioned matter.
You were notified that locate records responsive Judicial Watchs
request, initiated searches the OIGs Front Office and its Offices
Legislative Affairs, Investigations, Management and Counsel.
response item Judicial Watchs request, located one report
investigation (ROI), the investigative summary and exhibit for which
enclosed. The remaining exhibits that ROI are still undergoing review;
however, plan produce releasable portions prior the next
scheduled production date September 11, 2015.
Our searches are ongoing for cords responsive item Judicial
Watchs request, but will produce releasable portions any
responsive records rolling basis they are reviewed and prepared
for production, every sixty days until the production complete. discussed above enclosed the main investigative summary and
exhibit for the ROI responsive item Judicial Watchs request. reviewed the records under the FOIA determine whether they may accessed under the FOIAs provisions. Based that review, this
office providing the following:
page(s) page(s) page(s) page(s)
are released full (RIF);
are released part (RIP);
are withheld full (WIF);
are duplicate copies material already processed;
were referred other entities.
The exemptions cited for withholding records portions records are
marked below.
Freedom Information Act, U.S.C. 552 552
!SJ 552
552(b)(4) 552 (b)(7)(B)
0552 (b)(7)(F)
Exemption .S.C. 552(b)(6)
Exemption allows withholding personnel and medical files and
similar files the disclosure which would constitute clearly
unwarranted invasion personal privacy. U.S.C. 552(b)(6)
(emphasis added). DHS-OIG invoking Exemption protect the
names third parties and any information that could reasonably
expected identify such individuals, including job titles, locations,
actions and other information.
Exemption 7(C), U.S.C. 552(b)(7)(C)
Exemption (C) protects from public disclosure records information
compiled for law enforcement purposes ... [if disclosure] could reasonably expected cause unwarranted invasion personal privacy. U.S.C. 552(b)(7)(C). DHS-OIG invoking Exemption 7(C) protect
the names third parties and any information that could reasonably
expected identify such individuals these investigative records,
including job titles, locations, actions and other information.
Exemption 7(E), U.S.C. 552(b)(7)(E)
Exemption (E) protects all law enforcement information that would
disclose techniques and procedures for law enforcement investigation
prosecution, would disclose guidelines for law enforcement
investigations prosecution such disclosure could reasonably
expected risk circumvention the law. U.S.C. 552(b)(7)(E). DHSOIG withholding from disclosure specific information pertaining
terrorist watch list which could reasonably expected risk
circumvention the law.
Additionally, pursuant consultation with the U.S. Customs and
Border Protection (CBP), CBP redacted certain other information that
could reasonably expected risk circumvention the law released.
Those redactions are marked per CBP the enclosed documents.
Although aware that your request the subject ongoing litigation
and appeals are not ordinarily acted such situations, required statute and regulation inform you your right file
administrative appeal. you choose file administrative appeal
redactions made DHS-OIG, must writing and received within days the date this response.1 Please address any appeal to:
FOIA/PA Appeals Unit; DHS-OIG Office Counsel; Stop 0305; 245
Murray Lane, SW; Washington, 20528-0305. you choose file administrative appeal redactions made CBP,
you must send your appeal and copy this letter, within days
the date this letter, to: FOIA Appeals, Policy and Litigation Branch,
U.S. Customs and Border Protection, 799 Ninth St. NW, Washington,
Both the envelope and letter appeal must clearly marked, Freedom Information Act Appeal. Your appeal letter must also clearly identify
this response. Additional information submitting appeal set
forth the DHS regulations C.F.R. 5.9. DHS-OIG will provide you
with another response pertains the continuing search and
processing responsive records.
Stephanie Kuehn
Supervisory FOIA/PA Disclosure Specialist
For your informa tion, Congress excluded three discrete categories nforcement tiona security records from the irements the FOIA. .S. 552(c)
(2006 pp. 010). This respon lim ited hose records hat bject
the requirements the FOIA. This standa tification hat give our
requeste should ind ication tha excluded records
not, exist.
TECS Terrorist Records
*All redacti?~s this do~ufilr~J:f~~f_A:J~!1S faQl~taMnr.~tions (b)(6_) and (b~(7)(C).
Any additional exemptions usel!are mafcafe~ He margin near their redaction..
Office Inspector General lnves11ga11ons
U.S. Department Homeland Security
TECS Terrorist Records
U.S. Customs and Border Protection
Report Status: Final
Alleged Violation(s): U.S.C. 2071 Concealment, Removal Mutilation Generally U.S.C. 2302 Prohibited Personnel Practices
Case Number:
Case Title:
The Department Homeland Security, (DHS) Office Inspector General (OIG), initiated this
investigation after receipt letter from members Congress, which requested investigation into the
alleged alteration and/or deletion ofTECS records dealing with possible links terrorism. Additionally,
the letter requested investigation into the circumstances the alleged administrative actions against
the DHS complainant and whether the actions were appropriate.
The complainant alleged that DHS and/or the U.S Customs and Border Protection (CBP) are not taking
the steps necessary ensure subjects associated with terrorist organizations are added the Terrorist
Screening Database (TSDB). DHS OIG review the procedure revealed that DHS and CBP have
vetting process place the National Targeting Center (NTC) which ensures terrorism suspects can
added the TSDB without causing undue hardship individuals who have been misidentified.
DHS OIG uncovered evidence retaliation against the complainant his chain-of-command. was
determined that the complainant violated CBP policy entering terrorist lookouts into the TECS system.
The complainant was not disciplined, but was ordered modify the records they were compliance
with CBP policy. When the complainant attempted again circumvent CBP policy entering TECS
records using alternate configuration,. was appropriately reprimanded.
lnterviews revealed that the complainant
was routinely describeu1~foF ACTIVITY 1t1ona
!ml provided DHS OIG with
Personnel file and DHS OIG made copies the
docwnents this file. These documents will attached this MOA.
This interview concluded 2:49 PM.
*All redactions this docu[ll_ent are oursu~nt exemptions (b)(6) and (b)(7)(C). onaI exempti ons usea)Ila FQIA Jud1i;:1a atclJ...lnc near eir daction.*
are catea 111argm
Any dd11
Department Homeland Security
You are being asked provide information part investigation being conducted the
Office the Inspector General into alleged misconduct and/or improper performance official
duties. This investigation being conducted pursuant the Inspector General Act 1978,
This voluntary interview. Accordingly, you not have answer questions. disciplinary
action will taken against you solely for refusing answer questions.
Any statement you furnish may used evidence any future criminal proceeding agency
disciplinary proceeding, both.
ACKNOWLEDGMENT understand the warnings and assurances stated above and willing make statement and
answer questions. promises threats have been made and pressure coercion
any kind has been used against me.
(Printed Name)
(Witness Signature)
(Wiiness Signature)
t~rA9-/3 !t/!f