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Judicial Watch • DOD Rental Fee App w Exh n Ack

DOD Rental Fee App w Exh n Ack

DOD Rental Fee App w Exh n Ack

Page 1: DOD Rental Fee App w Exh n Ack


Number of Pages:12

Date Created:March 27, 2013

Date Uploaded to the Library:February 20, 2014

Tags:Fee, Ack, App, Exh, Dod, exhibit, Rental

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Lisette Garcia 

From:  Turner, Alisa CIV WHS-ESD   
Sent:  Monday, arch 25, 2013 6:36  
To:  Lisette Garcia  
Subject:  RE: Appeal partial fee waiver denial  
Signed By:  AllSA.TU R@WHS. MIL  

Thank you Ms. Garcia. received and will logged in. 
Alisa Turner 
FOIA Appeals Team Chief 
Defense Freedom Information Policy Office 
-----Origi Message----
Fro Lisette Garcia 
Sent: Friday, March 22, 2013 6:17 
To; Turner, Alisa CIV WHS-ESD 
Subject: RE: Appeal partial fee waiver denial 

Hi, Ms. Turner: 
Mr. Hogan listed you the point contact FOIA appeals his absence. 
Thanks for your prompt attention this matter. 
Best, Lisette 
-----Original Message-From: Lisette Garcia 
Sent: Friday, March 22, 2013 6:13 To: 'Hogan, James CIV WHS-ESD' 
Cc: ''; '' Subject: Appeal partial fee waiver denial 
Dear Jim: 
Attached please find Judicial Watch's timely appeal the Defense Department's partial denial fee waiver request 
respecting records rental cars Guantanamo Bay. 
You'll note that the appeal addressed you, and not Secretary Hagel, per your request. trust this will not impair the speed with which determination issues. 
Have fine weekend, Lisette 
-----Original, Message----
From: Hogan, James CIV WHS-ESD 

Sent: Thursday, March 21, 2013 3:50 
To: Lisette Garcia 
Subject: RE: March 11, 2013, FOIA Request 
Sure. For OSD/JS, course it's Aaron Graves. For the Army, it's Alecia Bolling. 
Also, you are ever pleased with the service received from FOIA officer, that would definitely the best time email 4-star general military department secretary! Trust me, that would great (especially for Marco). FOIA thankless job, and all that senior leadership hears negative information, doesn't help our cause. emphasize the DoD FOIA community whenever teach FOIA that it's imperative that FOIA officers pick the phone and call requesters order help them craft the request such way make easier for all. 
Again, thank you very much for working with me. 
-----Original Message----
From: Lisette Garcia 

Sent: Thursday, March 21, 2013 3:46 
To: Hogan, James CIV WHS-ESD 
Subject: RE: March 11, 2013, FOIA Request 
Sounds great! Thanks for helping make headway this. The only thing don't see below (and that didn't discuss) was fuel. This is, course, cost associated with the rental cars that Judicial Watch's FOIA attempts capture, too. 
Other than, that, you could please email the names appropriate personnel for the various FOIA offices talked about. It's nice stay with the times. 
-----Origi Message----
Fro Hogan, James CIV WHS-ESD Sent: Thursday, March 21, 2013 3:31 To: Lisette Garcia Subject: March 11, 2013, FOIA Request 
Thank you very much for taking phone call and working with this request. stated, it's our objective get the information you that you are requesting the most timely manner, allowed the Act (of course). the future, please feel free contact FOIA requesters directly you have any questions all the handling your FOIA requests, and that doesn't work please contact directly 571-372-0463. 
This email attempt memorialize our conversation. Please feel free, course, correct anything that misstate misunderstand, The numbers correspond the relevant items your request. and For all temporary duty personnel, OSD/JS will ask the Defense Travel Management Office (DTMO) search for responsive information. Additionally, USSOUTHCOM will conduct search for information concerning rental car reimbursements made any permanent party personnel and OSD/JS will ask OMC search for information reimbursements its personnel made outside DTS. I've provided you with information the Defense Travel Regulation, and also recommended you that you search the DoD and Component issuance websites any travel/transportation policy that posted concerning the use rental cars. Additionally, each Component will have search done their relevant Travel/Transportation policy offices for any additional guidance and for specific guidance concerning the use rental cars Guantanamo Bay. The DoD Components will also search for any guidance that was communicated (email, memo, etc.) out from their relevant Travel/Transportation policy offices command authorities concerning item 3). 
Please let know what you think. course, this clarification does not any way address any other issues your request such fees and fee waivers. 
Warmest Regards, 
Jim Hogan 

1bis letter timely appeals the March denial fee waiver request respecting 13-F-05982 Judicial Watch's March request sought: 
All records (including email communications, SOP, and payment docwnentation) relating vehicle rental Guantanamo Bay for the duration the Obama administration. Background denying Judicial Watch's request for total fee waiver, the Department Defense (DOD) concluded that Judicial Watch did not qualify "representative the news media" within the meaning the Freedom oflnformation Act (FOIA), U.S.C.  552, because the organization's website describes the organization nonprofit, nonpartisan government watchdog group rather than mere publishing company. Notably, DOD cited legal'. authority for the proposition that, order qualify for news requester status under FOIA, organization must hold itself out publishing 'company and nothing more. Indeed, such reductionist view finds support the body disclosure laws and regulations which govern this transaction. DOD's March denial, signed Brandon Gaylord for Paul Jacobsmeyer, here attached Exhibit 
425 Third St., SW, Suite 800, Washington, 20024 
Tel: (202) 646-5172 l-888-593-8442 FAX: (202) 646-5199 Email: 
Dep't Defense March 22, 2013 
II. Authority 
"FOIA mandates that responsive documents shall furnished without any charge charge reduced ... disclosure the information the public interest because likely contribute significantly public understanding the operations activities the government and not primarily the commercial interest the requester." Citizens for Responsibility Ethics Wash. Dep Justice, 602 Supp. 121, 123 (D.D.C. 2009)(citing U.S.C  552 (a)(4)(A)(iii))(emphasis the original)(internal quotation marks omitted). "An agency obliged explain its refusal waive fees." Judicial Watch, Inc. GSA, 2000 U.S. Dist. LEXIS 22872 (D.D.C. Sept. 25, 2000)( citing Samuel Gruber Educ. Project U.S. Dep Justice, Supp.2d (D.D.C. 1998)(further citations and internal quotation marks omitted). "Finally, Congress amended FOIA ensure that liberally construed favor waivers for noncommercial requesters." Utah Wilderness Alliance U.S. Bureau Land Mgmt., 402 Supp. 82, (D.D.C. 2005)(citing Judicial Watch, Inc. Rossotti, 326 F.3d 09, 1312 (D. Cir. 2003) )(further citations and internal quotation marks omitted). 
III. Argument 
Neve1iheless, light the foregoing, DOD did find that Judicial Watch nonprofit devoted promoting government transparency and that the subject this request serves the public interest revealing the inner workings our bureaucratic democracy. Hence, while not granting Judicial Watch total fee waiver media requester, DOD did place this requester the "other" category for fee purposes, reducing the overall cost obtaining public records granting the requester two hours search time and 100 pages duplication charge. Judicial Watch challenges the category which was placed and asks that DOD reconsider its otiginal decision not grant total fee waiver given that Judicial Watch enjoys wide following through the publication its reports via TV, Internet, press, radio and film. Indeed, Judicial Watch' website -where documents obtained through FOIA are published -receives average 125,000 unique visitors per month. Hence, our organization uniquely positioned widely disseminate information demonstrating the operations government. the alternative, Judicial Watch would ask that DOD approach the search and production responsive documents with the economy mandated FOIA and reiterated our request. That is, the extent possible, our organization asks that you release all records, the extent possible, electronic format -whether ei:nail, CD, DVD -in order minimize the time burden the agency packing and shipping paper documents and the cost the requester duplication and mailing. Additionally, 
conveying the records electronic format-in keeping with FOIA's electronic amendments 1996 -DOD will help make the documents more readily accessible the American public large who, the end the day, the actual owner the records issue. This would fulfill spirit, well the letter, FOIA. 
Dep't Defense March 22, 2013 
IV. Conclusion 
Thus, having fully established that DOD decided Judicial Watch's fee waiver the case 13-F-0598 the basis factors not pe1mitted under law while ignoring facts known the world over that qualify Judicial Watch's request tl fee waiver, Judicial Watch now asks that the initial decision here appealed reversed and that the requested media category granted. the alternative, Judicial Watch asks that DOD minimize costs the requester and time burden itself releasing all responsive records electronically the extent that they are available that format. 
Thank you for your prompt and thorough attention this matter. 
Respectfully submitted, 

Lisette Garcia, J.D. Senior Investigator 
(202) 646-5172, ext. 303 Judicial Watch's March FOIA here attached Exhibit