Initial Request

• Document Type: FOIA
• Collection: FOIA Collection
• Document Number (FOIA) /ESDN (CREST): 0005363306
• Release Decision: IPPUB U
• Document Page Count: 4
• Document Creation Date: June 23, 2015
• Document Release Date: September 29, 2010
• Case Number: F-2010-00666
• Publication Date: February 9, 2009

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[phone] F-Mail: FOLAnJamesMadisonProieel.org
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Delores M. Nelson
Central Intelligence Agency
Information and Privacy Coordinator
Washington, D.C. 20505
APPROVED FOR RELEASED
DATE: 18-Aug-2010
This is a request on behalf of the James Madison Project ("JMP") under the Freedom of
Information Act, 5 U.S.C. ? 552, et seq., for copies of all FOIA requests (and any negative
responses sent to the requesters) made to the Central Intelligence Agency ("CIA") between
2003-2007 for articles published in the CIA in-house journal Studies in Intelligence. In short,
the following records are to be considered conditionally responsive to this request:
a) FOIA requests made between 2003-2007 for Studies in Intelligence articles; and
b) Any responses sent by the CIA FOIA Office to the requesters during the
processing of the requests listed in (A) which state that the requested articles are
being withheld in whole or in part.
However, if the request resulted in a complete release of the requested article(s) to the requester,
the request and its accompanying responses are not to be considered responsive to this request.
We also expect that any of the requesters' identifying information will be redacted so as not to
raise any privacy issues.
When processing this request, please note that the D.C. Circuit has previously held that
agencies have a duty to construe the subjeel material of FOLA requests liberally to ensure
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 responsive records are not overlooked. See NationMagazine, Washington Bureau v. L.S.
Customs Service, 71 F.3d 885, 890 (D.C. Cir. 1995). Furthermore, in line with the guidance
issued by the DOJ on 9 September 2008 to all federal agencies with records subject to FOIA.
agency records that are currently in the possession of a U.S. Govenmrent contractor for purposes
of records management remain subject to FOIA. Please ensure that your search complies with
this clarification on the effect of Section 9 of the OPEN Government Act of 2007 of the
definition of a "record" for purposes of FOIA. Please also consider this letter an affinnative
rejection of any limitation of your search to CIA-originated records
If you deny all or part of this request, please cite the specific exemptions you believe
justify your refusal to release the information or permit the review and notify us of your appeal
procedures available under the law. In excising material, please "black out" rather than "white
out" or "cut out." In addition, we draw your attention to President Obama's 21 January 2009
Memorandum for the Heads of Executive Departments andAgencies, directing federal agencies
to adopt a presumption in favor of disclosure and stating that government information should not
be kept confidential "merely because public officials might be embarrassed by disclosure,
because errors and failures might be revealed, or because of speculative or abstract fears."
We are hereby requesting a waiver of all fees in accordance with our status as a
representative of the news media. JMP is a non-profit organization under the laws of the District
of Columbia, has the ability to disseminate information on a wide scale, and intends to use
information obtained through FOI_A in original works. Stories concerning our activities have
received prominent mention in many publications including, but not limited to, the Washington
Post, Washington Times, St. Petersburg Tribune, San Diego Union Tribune, European Stars &
Stripes, Christian Science Monitor, US. News and World Report, Mother- Jones, and Salon
Magazine. Our website, where much of the information received through our FOIA requests is or
will be posted for all to review, can be accessed athttpjfwww.iamesmadisonproiect.org, and
information published there has previously been used by third parties in published works. In
addition. we also intend to use information obtained through FOIA in our own published opinion
editorials, journal articles, and the like. JMP's Director of FOIA Operations Kel McClanahan has
already published information received through FOIA in this manner. Therefore, according to the
ruling ofNational Security Archive v. Department ofDefense, 800 F.2d 1381 (D.C. Cir. 1989),
codified by the 2008 FOIA amendments, defining a representative of the news media as "a
person or entity that gathers information of potential interest to a segment of the public. uses its
editorial skills to turn the raw materials into a distinct work, and distributes that work to an
audience," JkIP should be considered a representative of the news media according to 5 U.S.C. ?
552(a)(4)(A)(ii)(II). Similarly, our request for a public interest fee waiver should be granted.
Most prior requests submitted by our organization have received fee waivers.
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 There can be no question that the information sought would contribute to the public's
understanding of government operations or activities and is in the public interest. Studies in
Intelligence provides insight into the analytical methods of CIA experts by illustrating on what
information they focus, how they analyze the information so selected, and how their conclusions
measure up to subsequent historical evidence. Similarly, many articles published in Studies in
Intelligence possess great historical value, a value recognized by the ongoing CIA
declassification efforts currently underway. However, for one reason or another, articles
occasionally slip through the cracks of the declassification efforts or are determined to be not
ripe for declassification at that particular time. Pursuant to a conversation with Toni in the CIA
FOIA office with respect to FOIA Request #F-2068-01106, we are requesting these records so
that we can identify these previously withheld articles and request them by name in a subsequent
FOIA request, recognizing that the rationale for withholding an article several years ago may not
be applicable any longer, and that release of these articles now will clearly contribute to the
public's understanding of past, present, and future government operations or activities. The
aforementioned FOIA request sought to do this generally, but Toni explained in a telephone
conversation that the manner in which FOIA requests were processed by your office did not lend
itself to that request. and so we are filing this request as part of a two-step process towards the
same goal.
The CIA is required by law to respond to this request within 20 working days. We
request that any documents or records produced in response to this request be provided in
electronic (soft-copy) form wherever possible. Acceptable formats are pdf. ,jpg, gif .tif Please
provide soft-copy records by email or on a CD if email is not feasible.
Your cooperation in this matter would be appreciated. If you wish to discuss this request,
please do not hesitate to contact my Director of FOIA Operations Kel McClanahan at
Iieh ,JamesMadisonProiect. rrg or 301-728-5908.
Please respond to this request by email to IieWJamesMadisonProieet t'.org
240-681-2189.
Mark S. Zaid
Executive Director
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 FAX COVER SHEET
TO Delores Nelson
FROM el McClanahan (12406812189)
DATE 02/05/2009
Please find attached a FOIA request from the James Madison Project. If you have any
questions regarding this request, please have the analyst currently processing F-2006-
01106 contact me at 301-728-5908.