DOJ Fast and Furious FOIA Request 7132011
Number of Pages:4
Date Created:July 13, 2011
Date Uploaded to the Library:February 20, 2014
Autogenerated text from PDF
Judicial Watcli Becausondence between Bureau Alcohol, Tobacco and firearms Director Kenneth Melson and any official, officer employee the Office the Deputy Attorney General regarding ATF Phoenix Operation Fast and Furious. All records regarding, concerning related the October 26, 2009 meeting/telephonic conference call between DAG David Ogden, AAG Lanny Breuer, ATF Director Melson, DEA Administrator Michelle Leonhart, FBI Director Robert Mueller, and other Department Justice officials regarding the Southwest Border Strategy (including, hut not limited to, any agendas, minutes, transcripts, notes presentations). All records p1epared for submitted the House Committee Oversight and Government Reform regarding, concerning related Operation Fast and Furious. The time frame for this request January 20, 2009 July 13, 2011. call your attention President Oba.ma's January 21, 2009 Memorandum concerning the Freedom Information Act, which states: All agencies should adopt presumption favor U.S. Department Justice July 13, 2011 disclosure, order renew their commitment the principles embodied FOIA... The presumption disclosure should applied all decisions involving FOIA.1 The memo further provides that "The Freedom Jnfonnation 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, forms, telephone messages, diaries, schedules, calendars, chronological data, minutes, books, reports, chart, lists, ledgers, invoices, worksheets, receipts, returns, computer printouts, printed matter, prospectuses, 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; (4) 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)(TI) and (a)(4)(A)(iii). Judicial Watch entitled waiver search fees under U.S.C. 552(a)(4)(A)(ii)(Il) 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 FOTA litigation. See, e.g., Judicial Watch, Inc. US. Department of.Justice, 133 Supp.2d (D.D.C. 2000); and, Judicial Watch, Inc. Department ofDefense, 2006 U.S. Dist. LEXIS 44003, (O.D.C. June 28, 2006). Judicial Watch regularly obtains information about the operations and activities ofgovenunent through FOlA 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 U.S. Department Justice July 13, 2011 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, records are not produced within twenty (20) business days, Judicial Watch entitled complete waiver search and duplication fees under Section 6(b) the OPEN Govenuncnt Act of2007, which amended FOlA U.S.C. (a)(4)(A)(viii). Judicial Watch 50l(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 government. The particular records requested herein are sought part udieial Watch' 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. effort facilitate record production within the statutory time limit, Judicial Watch willing accept documents electronic format (e.g. email, .pdfs). When U.S. Department Justice July 13, 2011 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 202-646-5172 email@example.com. look forward receiving the requested documents and waiver both search and dupJ ication costs within twenty (20) business days. Thank you for your cooperation. Freedom Lnformation Act. Pres. Mem. January 21, 2009, Fed. Reg. 4683.