Appeal Request

• Document Type: FOIA
• Collection: FOIA Collection
• Document Number (FOIA) /ESDN (CREST): 05929133
• Release Decision: RIPPUB
• Original Classification: U
• Document Page Count: 4
• Document Creation Date: March 9, 2023
• Document Release Date: November 8, 2021
• Case Number: F-2015-00830
• Publication Date: November 2, 2012

Approved for Release: 2021/10/12 C05929133
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JOURNALIST RUSSELL CAROLLO
Phone:
Fax CA
IRS't
Email
(b)(6)
Oct. 26, 2012
THRU: Susan Viscuso
Central Intelligence Agency
This is an appep) 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, yet no appeal authority was provided.
2)The initial response was that the request imposed "an excessive and
unreasonable burden on the agency," and in correspondence dated Sept. 5,
2012, the agency suggested that the requester "refine" the scope of the request.
By letter dated Sept. 17, 2012, requester did as agency suggested, significantly
limiting scope of request from "all communication since October 1998" to "only
communication between the CIA and NARA since January 2009."
This not only reduced the scope of the request from 14 years to only three, it
also eliminated communication with all other agencies except NARA.
Nonetheless, the response to the significantly limited request states:
"Our response remains the same."
Given that requester followed instructions of agency and significantly limited
the scope of request and given that the scope of the modified request was
several times smaller than original request, requester is entitled to new response.
Is three years still too many? Is two years too many? One year? One month?
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. Given the mission and capability of the
agency, it clearly has the means and the platform for which to conduct such a
search.
4)NARA responded to a nearly identical request by providing documents,
significantly weakening agency's argument that responding to the request would
impose "an excessive and unreasonable burden."
I 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).
I 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).
Thar3vour assistance.
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Approved for Release: 2021/10/12 C05929133
Approved for Release: 2021/10/12 C05929133
Ceniral Indligence Agency
Washingiou, D.C. 20505
Mr. Russell CaroIlo
OCT 1 7 2012
Reference: F-2012-01.642
Dear Mr. Carollo:
This is a final response and acknowledges receipt of your 17 September 2012 letter,
received in the office of the Information and Privacy Coordinator on 19 September 2012,
seeking to modify your F-2012-01642 Freedom of Information Act (FOIA) request for
"All communication since October 1998 related in any way to the release of materials
related to the JFK assassination."
Your letter modifies the above request to "only communication between the CIA
and NAFtA since January 2009." Our response remains the same. For your assistance,
we have enclosed a copy of our initial response to you.
Sincerely,
Yr-6a
Michele Meeks
Information and Privacy Coordinator
Enclosure
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Approved for Release: 2021/10/12 C05929133
Approved for Release 2021/10/12 C05929133
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JOUR
A IST RUSSE
June 28,2012
Susan Viscuso
Central Intelligence Agency
CAROLLO
Email
Phone:
Fax CALL FIRST
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, journalist
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Approved for Release: 2021/10/12 C05929133
Approved for Release: 2021/10/12 C05929133
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Approved for Release: 2021/10/12 C05929133