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Judicial Watch • Tuffly v DHS DOJ 28j letter 15342

Tuffly v DHS DOJ 28j letter 15342

Tuffly v DHS DOJ 28j letter 15342

Page 1: Tuffly v DHS DOJ 28j letter 15342

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Number of Pages:2

Date Created:May 12, 2017

Date Uploaded to the Library:May 22, 2017

Tags:kamenshine, Aplees, Cameranesi, harassment, 15342, Tuffly 15342, Tuffly, persons, names, Homeland, Attorney, letter, justice, DHS, security, DOJ, department, FOIA, robert, states, Washington, united


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Case: 16-15342, 05/12/2017, ID: 10432327, DktEntry: 29, Page
U.S. Department Justice
Civil Division
Washington, 20530
Tel: 202-514-2494
May 12, 2017
Ms. Molly Dwyer
Clerk Court
United States Court Appeals for the Ninth Circuit
The Janes Browning Courthouse 7th Street
San Francisco, 94103
Re: Edward Tuffly, A.K.A. Bud Tuffly
United States Department Homeland Security, No. 16-15342
(to argued June 2017)
Dear Ms. Dwyer: are writing, under Fed. App. 28(j), regarding the decision Cameranesi U.S.
Dep Defense, 2017 1826625 (9th Cir. May 2017), decided after appellee brief was
filed.
Cameranesi pertinent the privacy interest stake here. See Aplees. Br. 10-12.
also bears Tuffly claim that there must evidence that the release the requested names
will lead those persons being contact[ed] and harass[ed], whereas here such contact and
harassment only possibility. Rpy. Br. Finally, the decision bears Tuffly claim that
disclosure would advance public interest. See Aplees. Br. 15-20 and Tuffly response. Rpy. Br.
2-3. Cameranesi, here, the FOIA requestor claimed that the evidence risks faced
the persons whose names were sought was overly speculative. 2017 1826625 *10. The
Court responded that ha[d]never held that agency must document that harassment
mistreatment have happened the past will happen the future; rather the agency must
merely establish that disclosure would result potential for harassment (id. (emphasis added
(quoting Forest Serv. Emps. For Envt Ethics U.S. Forest Serv., 524 F.3d 1021, 1026 (9th Cir.
2008)), that risk harassment and mistreatment nontrivial. 2017 1826625 *11.
Here, reasonable conclude that the well-known hostile atmosphere
unauthorized immigration could lead harassment the individuals whose names are sought.
Aplees. Br. 11-12. our brief explains (id. 13-15), irrelevant that Tuffly states does
not seek addresses (Rpy. Br. and has intent contact, harass, embarrass (id.)
Case: 16-15342, 05/12/2017, ID: 10432327, DktEntry: 29, Page
the persons whose names requests. Others may seek so, and would have little trouble
tracking down the named persons.
Finally, much like Tuffly (Rpy. Br. 2-3), Cameranesi claimed that release the students
names, that their post-training conduct could tracked, would appreciably enhance
understanding the agency performance its statutory duties. 2017 1826625 *12.
The Court closely examined and rejected that claim.
Thank you for your assistance.
Respectfully submitted,
s/Robert Kamenshine
ROBERT KAMENSHINE
(202) 514-2494
Attorney, Appellate Staff
Civil Division, Room 7213
Department Justice
950 Pennsylvania Avenue, N.W.
Washington, D.C. 20530-0001
Attorney for U.S. Department
Homeland Security
Certificate Compliance with Type-Volume Limitation
This letter complies with the type-volume limitation Fed. App. 28(j) because the
body the letter does not exceed 350 words
s/Robert Kamenshine
ROBERT KAMENSHINE,
Attorney for U.S. Department
Homeland Security
Certificate Service hereby certify that this 12th day May, 2017, caused served all interested
parties, via his Court ECF system, copy the above letter.
s/Robert Kamenshine
ROBERT KAMENSHINE,
Attorney for U.S. Department
Homeland Security
-2-