Initial Request

• Document Type: FOIA
• Collection: FOIA Collection
• Document Number (FOIA) /ESDN (CREST): 05895802
• Release Decision: RIPPUB
• Original Classification: U
• Document Page Count: 6
• Document Creation Date: March 9, 2023
• Document Release Date: November 8, 2021
• Case Number: F-2015-00830
• Publication Date: September 5, 2012

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JOURNALIST RUSSELL CAROLLO
THRU:
Aug. 7,2012
THRU: Susan Viscuso
Central Intelligence Agency
Email:
Phone:
F � CAI
1 C.'
This is an appeal under the Freedom of Information Act, 5 U.S.C. 552. On
June 28, 2012, I filed the attached request.
Nothing in this appeal is intended to change the scope of my request.
The attached response was not correct for the following reasons:
1)Requester was denied records under 5 U.S.C. 552, yet no appeal authority
was provided.
2)The response claimed that simply to review records falling under the scope of
the request "would impose an excessive and unreasonable burden on the
agency."
The universe of records the response was based on, however, is many times
larger that the records sought in the request.
The request was limited to records since 1998, nearly three and a half
decades after the assassination. Furthermore, the request was limited to
communication related to the release of materials, not the universe of materials
(which the response clearly is identifying: "2,000 cubic feet of records or five
million pages from more than 30 different U.S. Government offices.")
In addition, the request sought congressional correspondence and FOIA
request and response letters related to the same subject.
Virtually every federal agency - and very likely the CIA- maintains a
searchable electronic database/spreadsheet of congressional correspondence.
And CIA does, in fact, maintain a searchable database/spreadsheet of FOIA
requests (and information on the responses).
In addition, CIA very likely also has the technical ability to search all its
correspondence electronically for the requested information.
A significant amount of the materials covered within the scope of my request
would be contained in communication related to FOIA requests and responses.
Also, the request specifically sought communication related to classifying
records NBR (Not Believed Relevant).
The response clearly mischaracterized the request, not taking into account the
diverse and distinct segments of the request that were specifically identified and
clearly not overly broad or vague, and the response also falsely claimed the
request,eought a much larger volume of records.
3)The response contained no evidence that any search whatsoever was
conducted for responsive records or that any other effort was made to respond to
request pursuant to 5 U.S.C. 552.
(b)(6)
(b)(6)
(b)(6)
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4)1 request an index of all documents denied to me, as required under Vaughn v.
Rosen, 484 F.2d 820 (D.C. Cir. 1973), cert. denied, 415 U.S. 977 (1972). A
Vaughn index must describe each document claimed as exempt with sufficient
specificity "to permit a reasoned judgment as to whether the material is actually
exempt under FO1A." Founding Church of Scientology v. Bell, 603 F.2d 945, 959
(D.C. Cir. 1979). Moreover, the Vaughn index must "describe each document or
portion thereof withheld, and for each withholding it must discuss the
consequences of supplying the sought-after information." King v. U.S.
Department of Justice, 830 F.2d 210, 223-24 (D.C. Cir. 1987.
1 respectfully ask that you consider that this request and appeal are made
by a journalist under a law intended by Congress to keep our citizens informed
about the activities of government � a law our government and many others feel
is vital to a free nation. I also respectfully ask that you consider that this response
is not in keeping with the spirit or the letter of that law or with your own policies.
I expect your decision in 20 business days. See 5 U.S.C. � 552(a)(6)(A)(ii).
Thank or your assistance.
SENT FED EX 8008-0790-5575
(b)(6)
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Central Intelligence Agency
Washington, DE, 20505
23 July 2012
Mr. Russell Carollo
(b)(6)
Reference: F-2012-01642
Dear Mr. Carollo:
This is a final response to your 28 June 2012 Freedom of Information Act (FOIA)
request, received in the office of the Infoimation and Privacy Coordinator on 3 July 2012,
for "All communication since October 1998 related in any way to the release of
materials related to the JFK assassination."
The CIA, whose primary mission is the collection and analysis of foreign
intelligence, has a vast amount of records in a variety of offices and tiles that are indexed
and therefore retrievable under the name of a specific country or region of the world or
under a broad subject of public interest. An overly broad search would locate a vast
quantity of records, much of which would be extraneous, mentioning the subject of the
request only in passing, thus being of tittle or no value to you. Further, the review of such
records would impose an excessive and unreasonable burden on the Agency. Therefore,
we must decline to process such requests.
However, in an effort to assist you, please be advised that the records you are
seeking may be contained in the records which have been transferred to the National
Archives and Records Administration (NARA) in compliance with the John F. Kennedy
Assassination Record Collection Act of 1992. You may write to NARA at the following
address:
JFK Assassination Records Collection
National Archives at College Park
8601 Adelphi Road
College Park, MD 20740-6001
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In addition to the records of the CIA, Federal Bureau of Investigation, and
numerous other Executive Branch agencies and offices, the collection contains the records
of relevant Congressional committees, related court cases, and records private entities
donated. The collection currently contains more than 2,000 cubic feet of records or five
million pages from more than 30 different U.S. Government offices. This documentation
is also searchable electronically through the NARA website on the Internet at
www.arehives.uov/researchotk.
We hope this information is useful to you.
Sincerely,
Michele Meeks
Information and Privacy Coordinator
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101 JR A T
RUSSELL CA ROLLO
Phone:
(b)(6)
Fax: CALL FIRST
(b)(6)
June 28,
Email:
2012
(b)(6)
Susan Viscuso
Central Intelligence Agency
Pursuant to the federal Freedom of Information Act, 5 U.S.C. 552, I request
access to and copies of:
All communication since October 1998 related in any way to the release of
materials related to the JFK assassination. This requests includes, but is not
limited to, communication with the NARA, internal CIA communication,
communication with other agencies and all records of all discussions related in
any way to classifying records NBR (Not Believed Relevant).
This request also includes, but is not limited to, congressional correspondence
and FOIA request and response letters related in any way to the same subject.
I have attached a letter to assist in your search; however, the scope of my
request is in no way limited by this document.
Please justify each deletion separately by reference to specific exemptions of
the Act, and release all reasonably segregable portions of otherwise exempt
material.
Include information contained in the material that otherwise would be
considered non-responsive to the specific request.
I will only modify this request in writing -- not via telephone.
Notify me prior to incurring more than $200 of expenses.
I look forward to your reply within 20 business days, as the statute requires.
Thanks for your assistance.
Yours very truly,
Russell Carollo, journa s
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