GAFFINEY, BRIAN; APPEAL RESPONSE

• Document Type: FOIA
• Collection: FOIA Collection
• Document Number (FOIA) /ESDN (CREST): 0001458991
• Release Decision: RIPPUB
• Original Classification: U
• Document Page Count: 2
• Document Creation Date: June 24, 2015
• Document Release Date: March 11, 2011
• Case Number: F-2010-01608
• Publication Date: July 17, 2007

'JUL 1 7 2 17
Brian Gaffney, Esq.
605 Market Street, Suite 505
San Francisco, CA 94105
Reference: F-2007-01308
Dear Mr. Gaffney:
We have received your 1 June 2007 letter concerning your 9 May 2007 Freedom of
Information Act (FOIA) request on behalf of your client, the Institute for Policy Studies,
for:
"All records related to the CIA's FOIA request #F-1999-00924, including
the original FOIA request, all records released related thereto, and all
other documents related to this FOIA request."
Specifically, you are appealing on the grounds that (1) CIA's failure to make a
determination on IPS' request constitutes a de facto withholding as neither FOIA nor
FOIA's regulations exempt the CIA from searching for responsive records when the
information sought is the subject of pending litigation; and (2) the CIA improperly denied
IPS' request for a waiver of all fees associated with this request.
We accept your appeal of our denial to grant you a fee waiver. We will begin the
fee waiver appeal process and report the outcome as soon as possible.
Your 1 June 2007 letter also took issue with this office's determination to. defer our
processing and response pending the resolution of the underlying FOIA request, which is
currently in litigation. Based upon your clarification, we have decided to proceed with
processing your request for records relating to F- 1999-00924. However, we cannot begin
processing until the fee waiver appeal process is complete.
Meanwhile, we will hold your FOIA request in abeyance pending the processing of
your fee waiver denial appeal.
Scott Koch--
Information and Privacy Coordinator
(b)(3)