Number of Pages:4
Date Created:September 26, 2012
Date Uploaded to the Library:February 20, 2014
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Judicial Watcli Bcaww orw ahov tlw fo:w! September 26, 2012 VIA CERTIFIED MAIL FACSIMILE Office oflnformation Programs and Services A/GIS/IPS/RL Department State Washington, 20522-8100 Re: Freedom Information Act Dear Freedom nformation Officer: Pursuant the Freedom oflnfom1ation Act (FOTA), U.S.C. 552, Judicial Watch, Inc. hereby requests that the Department State produce the following within twenty (20) business days: Any and all records regarding, concerning, related the official journal maintained U.S. Ambassador Libya Christophe1 Stevens. According numerous media accounts, this j()urnal was discovered CNN reporter Arwa Damon 1esidence Benghazi, Libya shortly after Ambassador Stevens' death and was subsequently cited CNN news b1oadcasts before being returned the Ambassador's family. This request includes, but not limited to, any copies, summaries, analyses the journal. Any and all records communication between any official, employee, representative the U.S. Department State and any official, employee representative any the following entities regarding, concerning, related the contents the journal and/or its discovery, use, and return the Ambassador's family: Cable News Network (CNN) Turner Broadcasting System, Inc. The Government the Republic Italy The Federal Bureau oflnvestigation The family Ambassador Stevens The New York Times call your attention President Obama's January 21, 2009 Memorandum 425 Third St., SW, Suite 800, Washington, 20024 Tel: (202) 646-5172 1-888-593-8442 FAX: (202) 646-5199 Em.ail: info@JudicialWatch.org www. JudicialWatch.org Department State September 26, 2012 Page2 concerning the Freedom oflnfonnation 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 FOTA.1 The memo further provides that "The Freedom oflnformation 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), 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, fori:ns, telephone messages, diaries, schedules, calendars, chronological data, minutes, books, reports, charts, lists, ledgers, invoices, worksheets, receipts, returns, computer printouts, printed matter, prm,'Pectuses, 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)(II) because member the news media. National Security Archive Department Defense, 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 FOlA litigation. See, e.g., Judicial Watch, Inc. US. Department Justice, 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 Department State September 26, 2012 operations and activities government through FOIA and other means, uses its editorial skills tum 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 contribute significantly public understanding the operations activities government and not primarily the commercial interest the requester. U.S.C. 552(a)(4)(A)(iii). addition, ifrecords 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 of2007, which amended FOIA U.S.C. (a)(4)(A)(vi'ii). 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 io. government. The pruticular 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'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 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. Department State September 26, 2012 Page4of4 effort facilitate record production within the statutory time limit, Judicial Watch willing accept documents electronic format (e.g. e-mai.l, .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 this request any portion thereof, please contact immediately 202-646-5 firstname.lastname@example.org. lo0k forward receiving the requested documents and waiver both search and duplication costs within twenty (20) business days. Thank you for your cooperation. Judicial Watch Freedom oflnfonnation Act. Pres. Mem. January 21, 2009, Fed. Reg. 4683.