FOIA Request to DoD IGDoD OSD Joint Cheifs Army NavyAirforce
Number of Pages:8
Date Created:May 25, 2012
Date Uploaded to the Library:February 20, 2014
Autogenerated text from PDF
DATE, TIME 05/24 23:11 FAX NO./NAME 15713720500 DURATION 00:02:11 PAGE(S) RESULT MODE STANDARD TRANSMISSION VERIFICATION REPORT TIME NAME FAX TEL SER.# 05/24/2012 23:13 JUDICIAL WATCH 20254501902025455172000GBN545578 TIME 05/24/2012 23:07 NAME JUDICIAL WATCH FAX 2026460190 TEL 2026465172 SER.# 000G8N646578 DATE, TIME 05/24 23:05 FAX NO./NAME 7036048567 DURATION 00:02:09 PAGE(S) RESULT MODE STANDARD Internet: www.Judicialwatch.org To: TIME NAME FAX TEL SER.# DATE TIME FAX NO./NAME DURATION PAGE(S) RESULT MODE STANDARD 05/24/2012 23:00 JUDICIAL WATCH 2025450190 2025455172 000GBN545578 JudicialWatcli425 Third St., SW, Ste. 800 Washington, 20024 Phone: 202-646-5172 Fax.: 202"646-5199 Internet www.judicial.watch.org Urgent For Review Please Comment Please Reply TIME NAME FAX TEL SER.It DATE, TIME 05/24 23:09 FAX NO./NAME 7035046990 DURATION 00:00:00 PAGE(S) RESULT BUSY MODE STANDARD 05/24/2012 23:09 JUDICIAL WATCH 2025450190 2025455172 000G8N545578 BUSY: BUSY/NO RESPONSE JuclicialWatcli425 Third St., SW, Ste. 800 Washington, 20024 Phone: 20-646-Sl Fax: 202--Q46-S 199 Internet: www.judicialwatch.org Please Comment Please Reply To: 'fi>rA a-vie.k l=r..x: '7-S' lrz._ M.P(--/ Phone P:ages (including cover page) Re: TIME NAME FAX TEL SER.# 05/24/2012 23:04 JUDICIAL WATCH 2025450190 2025455172 000GBN545578 DATE, TIME FAX NO./NAME DURATION PAGE(S) RESULT MODE 425 Third St., SW, Ste. 800 Washington, 20024 Phone: 202-646-5172 Fax: 202K6465199 Jntemet: www.judicialwa.tch.org 05/24 23:02 7036935728 00:01:55 STANDARD JudiciaIWatcli Urgent For Retiew Please Comment Please Reply Judicial Watcli Because one above the law! May 25, 2012 FOIA Liaison Jim Hogan U.S. Army FOIA/PA Office OSD/JS FOIA Requester Service Center 7701 Telegraph Rd. U.S. Department Defense, Jt. Chiefs Alexandria, 22315-3905 1155 Defense Pentagon Washington, 20301-1155 FOIA Chief Robin Patterson U.S. Navy FOIA/PA Office FOIA Chief Jeanne Miller 2000 Navy Pentagon (DNS-36) Office the Inspector General Washington, 20350-2000 U.S. Department Defense 4800 Mark Center Dr., Ste. 14L24 FOIA Chief John Espinal Alexandria, 223 0-15 U.S. Air Force -HQ/ICIO 1000 Air Force Pentagon Washington, 20330-1000 Dear Sir Madam: Rowan Scarborough today reported the Washington Times that military planners have been ordered not develop contingency plans for "sequestration," six hundred billion dollars ($600B USD) automatic spending cuts the Pentagon budget slated take effect January 2013. further reported that secret cells have been developed, nonetheless, plan covertly for such contingency. Pursuant the Freedom oflnformation Act (FOIA), U.S.C. 552, Judicial Watch, Inc., (Judicial Watch) hereby requests that the Offices the Secretary Defense and Inspector General, well the Departments Defense, Army, Navy, Air Force, and Joint Chiefs each produce the following records within twenty (20) business days: All communications respecting sequestration, including whether develop contingency plans all and, so, covertly. Rowan Scarborough, "Pentagon planners ordered keep potential budgets cuts from Congress," Wash. Times, May 25, 2012, http://www.washingtontimes.com/news/2012/may/20/how-to-cut-600b-not-on-theradar-at-pentagon/print/. 425 Third St., SW, Suite 800, Washington, 20024 Tel: (202) 646-5172 or1-888-593-8442 FAX: (202) 646-5199 Email: info@JudicialWatch.org www.JudicialWatch.org OSD-JS/DOD-IG Army/Navy/USAF May 25, 2012 The time frame for this request January 2012 through the present. placing this request, Judicial Watch calls your attention President Barack Obama's January 21, 2009 Memorandum concerning the Freedom oflnformation 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 FOIA. Freedom oflnformation Act. Pres. Mem. January 21, 2009, Fed. Reg. 4683. The memo further provides that "The Freedom Information 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 infornmtion 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). 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 FOIA 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 operations and activities government through FOIA and other means, uses its editorial skills turn 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 OSD-JS/DOD-IG Army!N avy/USAF May 25, 2012 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 Government Act 2007, which amended FOIA U.S.C. 552 (a)( 4)(A)(viii). 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 government. The particular 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. effort facilitate record production within the statutory time limit, Judicial Watch willing accept documents electronic format (e.g. e-mail, .pdfs). When necessary, Judicial Watch will also accept the "rolling production" documents. Judicial Watch anticipates prompt receipt the requested documents and waiver both search and duplication costs within twenty (20) business days. Thank you for your timely compliance with all applicable laws.