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Transschroer

Transschroer

Page 1: Transschroer

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Number of Pages:13

Date Created:March 6, 2017

Date Uploaded to the Library:March 22, 2017

Tags:TransSchroer, USMAs, Remembrance, Withholding, transgender, privacy, Exemption, Defense, personnel, Freedom, Pentagon, government, Secretary, DOJ, Supreme Court, FOIA, states, office, Washington, united


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DEPARTMENT THE ARMY
FREEDOM INFORMATION AND PRIVACY DIVISION
7701 TELEGRAPH ROAD, SUITE 150
ALEXANDRIA, 22315-3905
REPLY
ATTENTION
January 31, 2017
U.S. ARMY FREEDOM
INFORMATION OFFICE
William Marshall
Judicial Watch, Inc.
425 Third St., Suite 800
Washington, 20024
Sent via email: bmarshaH@ judicialwatch.org
Dear Mr. Marshall:
This letter response your Freedom Information Act (FOIA) request dated December 15,
2016. Your request was referred this office the U.S. Army Installation Management Command
(IMCOM), Garrison-West Point process and respond directly you. have assigned your request
FOIA control number FA-17-0077. You are seeking the following information: Any and all records relating budgetary expenditures associated with Transgender
Day Remembrance, for the years 2013 through 2016, sponsored involving
USMAs Office Diversity, Inclusion and Equal Opportunity, including but not
limited requests for funds, approvals for expenditures, purchase orders, invoices
and other accounting documents. Any and all teaching materials, handouts, PowerPoint presentations, fliers other
materials associated with the USMAs 2016 Transgender Day Remembrance. are releasing you pages with partial redactions. These pages were referred this office IMCOM-West Point. All redactions and withholdings have been made pursuant Exemptions (b)(5)
and (b)(6) the FOIA, described below.
Exemption the FOIA U.S.C. 552(b)(5)
Exemption protects inter-agency intra-agency memorandums letters which would not
available law party other than agency litigation with the agency. U.S.C. 552(b)(5).
Courts have interpreted Exemption encompass the privileges recognized statute case law the
civil discovery context. See U.S. Weber Aircraft Corp., 465 U.S. 792, 800 (1984); FTC Grolier Inc.,
462 U.S. 19, (1983) 26, NLRB Sears, Roebuck Co., 421U.S.132, 149 (1975). this case, the
applicable privileges that serve bases for citing Exemption the Attorney-Work Product Privilege.
Printed Recycled Paper
-2-
Attorney Work-Product Privilege
The attorney work-product privilege protects documents prepared attorneys contemplation
oflitigation. See Hickman Taylor, 329 U.S. 495, 509-10 (1947). The privilege protects the adversarial
trial process screening attorneys preparatory work from scrutiny. See Jordan DOJ, 591 F.2d
753, 775 (D.C. Cir. 1978) (en bane). The privilege applies any such work-product when prepared
with some articulable claim, likely lead litigation, mind. Coastal States Gas Corp. DOE, 617
F.2d 854, 865 (D.C. Cir. 1980).
Exemption the FOIA U.S.C. 552(b)(6)
Exemption (b)(6) the FOIA protects from mandatory disclosure personnel and medical files
the disclosure which would constitute clearly unwarranted invasion privacy. U.S.C. 552(b)(6)
(2011). qualify for protection under Exemption (b)(6), records must meet two criteria: (1) they must personnel and medical files and similar files, (2) the disclosure which would constitute clearly
unwarranted invasion personal privacy. Id.; United States Dept State Washington Post Co., 456
U.S. 595, 599-603 (1982). The first prong met ifthe information appl[ies] particular individual
and personal nature. New York Times Co. NASA, 852 F.2d 602, 606 (D.C. Cir. 1988). The
second prong requires courts strike balance between the protection individuals right privacy
and the preservation the publics right government information. United States Dept State
Washington Post Co., 456 U.S. 595, 599 (1982). The public interest the analysis limited the
core purpose for which Congress enacted the FOIA: shed ... light agencys performance
its statutory duties. United States Dept Justice Reporters Comm. for Freedom the Press, 489
U.S. 749, 773 (1989). are withholding names personnel, other than Senior Executive Service members and
General Officers and contact information for all Army personnel (e.g., e-mail addresses, direct-line
telephone numbers) under Exemption U.S.C. 552(b)(6). See Judicial Watch, Inc. United States,
No. 03-1160, 2004 26736, (4th Cir. Jan. 2004). Under the Exemption (b)(6) balancing test,
the Supreme Court held similar case that disclosure employee addresses would not appreciably
further the citizens right informed about what their Government and, indeed, would reveal
little nothing about the employing agencies their activities. United States Dept Defense Fed.
Labor Relations Auth., 510 U.S. 487 (1994). The same true here. Disclosure the names, contact and
personal information government employees would contribute little the publics understanding
government activities. contrast, such disclosure would constitute non-trivial and not
insubstantial invasion government employees privacy interests. Id. 500, 501.
Furthermore, Department Defense policy following September 11, 2001, authorizes the
withholding the names and room numbers government employees because heightened interest the personal privacy DoD personnel that concurrent with the increased security awareness
demanded times national emergency. Memorandum from D.O. Cooke, Director Administration Management, Office the Secretary Defense, Re: Withholding Personally Identifying
Information under the Freedom Information Act (FOIA) (Nov. 2001), available
http://www.acq.osd.mil/dpap/pdi/pc/docs/Withholding_Info_that_IDs_DoD
_Personnel_-_Sept_2005.pdf. such, the names government employees and their e-mail addresses
are withheld under Exemption (b)(6).
-3-
For any further assistance and discuss any aspect your request, you have the right contact
the Army FOIA Public Liaison Officer, Alecia Bolling, email us.army.hqda-oaa-ahs.mbx.rmda-foiapublic-liaison@mail.mil phone (703) 428-6238. Additionally, you may contact the Office
Government Information Services (OGIS) the national Archives and Records Administration (NARA) inquire about the FOIA mediation services they offer. The contact information for OGIS follows:
NARA-OGIS, 8601 Adelphi Road-OGIS, College Park, 20740-6001, email ogis@nara.gov,
telephone number (202) 741-5770 toll free (877) 684-6448 facsimile (202) 741-5769.
This partial denial has been made behalf the Administrative Assistant the Secretary the
Army, who has designated that this office act the Initial Denial Authority for records maintained the
Office the Secretary the Army and its serviced activities. You have the right file
administrative appeal with the Office the Army General Counsel within ninety (90) calendar days. See C.F.R. 518.17(c). Their mailing address is:
Department the Army
Office the General Counsel
104 Army Pentagon, Room 2E724
Washington, D.C. 20310 you have any questions regarding this letter the information furnished, please contact this
office (703) 428-6238 email usarmy.belvoir.hqda-oaa.rpa.mbx.foia@mail.mil. all
correspondence please refer FOIA number A-17-0077.
Enclosure: pages
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(b) (5)
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(b) (5), (b) (6)