F-2013-00829 INITIAL REQUEST

• Document Type: FOIA
• Collection: FOIA Collection
• Document Number (FOIA) /ESDN (CREST): 05966589
• Release Decision: RIPPUB
• Original Classification: U
• Document Page Count: 11
• Document Creation Date: July 13, 2023
• Document Release Date: December 9, 2022
• Case Number: F-2017-01914
• Publication Date: February 14, 2013

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TO:703 613 3007
RATIONAL SECURITY
PROJECT
AMERMAN CiVIL LIBERTIES
UNION FOUNDATION
rA� NIA_ 0 Cr
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NY 11,1,1e,
OFFICERS AND DIRECTORS
�;�'&14.1,,
A
CAN
Information and Privacy Coordinator
Central Intelligence Agency
Washington, D.C. 20505
Fax: [phone]
To the Information and Privacy Coordinator:
020/
February 14, 2013
The accompanying FOIA Request was submitted in hard-copy
format as an overnight parcel via USPS on February 13, 2013. At 11:07
this morning, I received an electronic notice from the USPS that a delivery
had been attempted but failed at the above mailing address. A
representative at the CIA's FOR hotline informed me that a member of
your team will soon pick up the parcel from the post office holding it. In
the meantime, please accept this Fax version of the Request as a substitute,
and begin processing immediately.
tacherry Bin Levine
American Civil Liberties Union
Foundation
125 Broad Street
18th Floor
New York NY 10
Fax: [phone]
1
t(b)(6)
(b)(6)
(b)(6)
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NATIONAL SECURITY
PROJECT
AMERICAN MIL LIBERTIES
4NON FOUNDATION
C,FFH E
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BRciAn STRi7L IOT I F
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AMERICA.4 Cl
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February 1.3,2013
Information and Privacy Coordinator
Central Intelligence Agency
Washington, D.C. 20505
OSD/JS RNA Requester Service Center
Office of Freedom of Information
1155 Defense Pentagon
Washington, DC 20301-1155
Office of Information Programs and Services, A/GIS/IPS/ItL
U.S. Department of State
Washington, D.C. 20522-8100
Carmen L. Mallon, Chief of Staff
Office of Information Policy
U.S. Department of Justice
1425 New York Avenue, N.W., Suite 11050
Washington, D,C, 20530-0001
Re: Request Under Freedom of Information Act /
Expedited Processing Requested
To Whom It May Concern:
This letter constitutes a request ("Request") pursuant to the
Freedom of Information Act ((TOM"), 5 U.S.C. � 552 et seq., and various
relevant implementing regulations, see 32 C.F.R. � 1900 (Central
Intelligence Agency); 28 C.F.R. � 16,1 (Department of Justice); 32 C.F.R.
� 286 (Department of Defense); and 22 C.F.R. � 171.10 et seq.
(Department of State). The Request is submirtcd by the American Civil
Liberties Union and the American Civil Liberties Union Foundation
(together, die 'ACLU" or the "Requesters").'
litre American Civil Liberties Union is a non-profit, 26 U.S.C. � 50 /(c)(4)
membership organization that educates the public about the civil liberties implications of
pending and proposed state and federal legislation, provides tmalysis of pending and
proposed legislation, directly lobbies legislators, arid mobilizes its members to lobby their
legislators. The American Civil Liberties Union Foundation is a separate 26 U.S.C.
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AMERICAN CIVIL LIBERTIES
ltIVIALL FOUNDATION
Requesters seek the disclosure of the recently adopted report of the
Senate Select Committee on Intelligence relating to the CIA's post-9/11
program of rendition, detention, and interrogation (the "Report").
* * *
The Senate Select Committee on Intelligence ("SSCI") voted on
Thursday, December 13, 2012, to approve a report detailing the findings
of its three-year investigation of the CIA's rendition, detention, and
interrogation program in the years after 9/11. According to the SSCI
chairperson. the Report�which totals nearly 6,000 pages�is "the most
definitive review" to be conducted of the CIA's program, including the
Agency's use of so-called "'enhanced interrogation techniques," See, e.g.,
Benjamin Wines, Senate Intelligence Committee Interrogation Report
Approved�But Not Released, Lawfare, Dec, 14, 2012,
http://bitlyNwl twf; Natasha Lennard, Senate-Approved CIA Torture
Report Kept Under Wraps, Salon, Dec. 14, 2012, http://bitly/SWHsgh;
Scott Shane, Senate Panel Approves Findings Critical of Detainee
Interrogations, N.Y. Times, Dec. 13, 2012, http://nytims/VwdORki
Carrie Johnson, Report On CIA Interrogation Tactics Revives Torture
Debate, Nn. Dec. 13, 2012, httpilln.prNDKWm0; Mark Hosenball,
Senators to Vote on Probe of CA Interrogation Program, Reuters, Dec. 6,
2012, http://reutss/RbuL3T.
In the course of its investigation, which began in 2009, the SSCI
reviewed millions of pages of records documenting the day-to-day
operations of the CIA's interrogation program. The Commission's intent
was to produce "a detailed, factual description of how interrogation
techniques were used, the conditions under which detainees were held, and
the intelligence that was�or wasn't�gained from the program." Joint
Statement from Senator Dianne Feinstein, Chairman, Senate Intelligence
Committee, and Senator Carl Levin, Chairman, Senate Armed Services
Committee, Apr. 27, 2012, }lupin .usa.goviIKjkq0;
The Report is of clear and enormous public importance. The
American public has a right to know the full truth, based on a
comprehensive government investigation, about the torture and other
abusive treatment of detainees authorized by officials at the highest levels
of our government.
� 501(1c)(3) organization that provides legal representation free or charge To individuals
and organizations in civil rights and civil liberties cases, educates the public about civil
rights and civil liberties issues across the country, provides analyses of pending and
proposed legislation, directly lobbies legislators, and mobilizes the American Civil
Liberties Union's members to lobby their legislators.
2
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AMERICAN EVIL LEBERTFEs
UNION FOUOATION
According to 550 members, the Report puts to rest claims that the
use of torture led to the capture of Osama bin Laden, a topic that continues
to generate public debate. The Comrnittee chairperson, Senator Feinstein,
has said�based on her familiarity with the Committee's investigation�
that "none of [the evidence that led to bin Laden j came as a result of harsh
interrogation practices." Scott Shane and Charlie Savage, Bin Laden Raid
Revives Debate on Value of Torture, N,Y, Times, May 3,2011,
http.//nyti.mstiDg90b; Mark Hosenball, Exclusive: Senate Probe Finds
Little Evidence of Effective "Torture," Reuters, Apr. 7,2012,
http://reut.rs/ftLmpH.
Release of the Report is therefore critical to ensure timely public
access to a congressional investigative report of historic significance.
Other official investigative reports have been made available to the public:
for example, the Senate Armed Services Committee Report, which
concerned the Department of Defense's involvement in detainee abuses,
was released in full in April 2009. The SSCI's Report likewise ought to
be released.
I. Record Requested
Requesters seek disclosure of the SSCFs recently adopted report
on the CIA's rendition, detention, and interrogation program in the years
following 9/11 ,
With respect to the form of production, see 5 U.S.C.
� 552(a)(3)(13), we request that the Report be provided electronically in a
text-searchable, static-image format (PDF), in the best image quality in the
agency's possession.
IL Application for Expedited Processing
We request expedited processing pursuant to 5 U.S.C.
� 552(a)(6)(E) and 32 C.F.R. � 190034(c); 28 C.F.R. � 16.5(d); 32 C.F.R.
� 286.4(d)(3); and 22 C.F.R. � 171.12(b). There is a "compelling need"
for these records, as defined in the statute and regulations, because the
information requested is urgently needed by an organization primarily
engaged in disseminating information in order to intbrm the public about
actual or alleged government activity. 5 U.S.C. � 552(a)(6)(E)(v); see
also 32 C.P.R. � 1900.34(c)(2); 28 C.F,R. � 16,5(d)(1)00; 32 C.F.R.
� 286.4(d)(3)(ii); 22 C.F.R. � 171.12(b)(2). In addition, the records sought
relate to a "breaking news story of general public interest," 32 C.F.R.
� 1900.34(c)(2) (providing for expedited processing when "the
information is relevant to a subject of public urgency concerning an actual
or alleged Federal government activity"); see also 32 C.F.R.
� 286.4(d)(3)(ii)(A); 22 C.F.R. � 171.12(b)(2)(i).
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UNION FOUNDATION
The ACLU is an organization primarily engaged in
disseminating info' rmation in order to inform the public
about actual or alleged government activity.
The ACLU is "primarily engaged in disseminating information"
within the meaning of the statute and relevant regulations. 5 U.S.C.
552(a)(6)(E)(v)(II); 32 C.F.R. � 1900.34(0(2); 28 C.F.R.
� 16.5(d)(1)00; 32 C.F.R. � 286.4(d)(3)(ii); 22 C.F.R. � I71.12(b)(2). See
ACLU v. Dep't of Justice, 321 F. Supp. 2d 24, 30 n.5 (D.D.C. 2004)
(finding that a non-profit, public-interest group that "gathers information
of potential interest to a segment of the public, uses its editorial skills to
turn the raw material into a distinct work, and distributes that work to an
audience" is "primarily engaged in disseminating information" (internal
citation omitted)); see also Leadership Conference on Civil Rights v.
Gonzales, 404 F. Supp. 2d 246, 260 (D.D.C. 2005) (finding Leadership
Conference�whose mission is "to serve as the site ol' record for relevant
and up-to-the-minute civil rights news and information" and to
"disseminate[] information regarding civil rights and voting rights to
educate the public [and] promote effective civil rights laws"�to be
"primarily engaged in the dissemination of information").
Dissemination of information about actual or alleged government
activity is a critical and substantial component of the ACLU's mission and
work. The ACLU disseminates this information to educate the public and
promote the protection of civil liberties. The ACLU's regular means of
disseminating and editorializing information obtained through FOR
requests include: a paper newsletter distributed to approximately 450,000
people; a bi-weekly electronic newsletter distributed to approximately
300,000 subscribers; published reports, books, pamphlets, and fact sheets;
a widely read blog: heavily visited websites, including an accountability
microsite, http.//www,aclu.org/accountability; and a video series.
The ACLU also regularly issues press releases to call attention to
documents obtained through FOIA requests, as well as other breaking
news.2 ACLU attorneys are interviewed frequently for news stories about
2 See, e.g., Release, American Civil Liberties Union, Documents Show FBI Manilored
Bay Area Occupy Movement, Sept. 14, 2012, httr/www.aelu.orginode/36742; Press
Release, American Civil Liberties Union, FOIA Documents Show FBI Using "Mosque
Outreach" )(Or Intelligence Gathering, Mar. 27, 2012, hrtp://www.aclumrenational-
securiiy/lbia-documents-show1bi-using-mosque-outreach-intelligence-gathering; Press
Release, American Civil Liberties Union, MIA Documents Show FRI Illegally
Collecting Intelligence Under Guise of "Community Outreach," Dec. I, 2011,
h tm://www.a el u.urginational-security/foia-documents-show-fb i-illegal ly-collecting-
intelligence-under-guise-community: Press Release, American Civil Liberties Union,
ROM Documents from FRI Show Unconstitutional Racial Profiling,. Oct. 20, 2011,
lircp://ww w.aclu.org/national-security/foia-doeuments�fbi-show-uneonstirutional-racial-
profiling; Press Release, American Civil Liberties Union, Documents Obtained by ACLU
Show Sexual A huge of immigration Detainees is Widespread National Problem, Oct. 19,
4
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AMERMAN CIVIL LIBERTIES
UNION BOURDATTON
documents released through ACLU FOIA request
The ACLU website specifically includes features on information
about actual or alleged government activity obtained through FOIA.4 For
example, the ACLU maintains an online "Torture Database," a
compilation of over 100,000 FOIA documents that allows researchers and
the public to conduct sophisticated searches of FOIA documents relating
to government policies on rendition, detention, and interrogation.5 The
ACLU also maintains a "Torture FOIA" wcbpage containing commentary
about the ACLU's FOIA request, press releases, and analysis of the FOR
documents,6 (That webpage also notes that the ACLU, in collaboration
with Columbia University Press, has published a book about the
documents obtained through FOIA. See lamed Jailer & Arnrit Singh,
Administration of Torture: A Documentary Record from Washington to
Abu Ghraib and Beyond (Columbia Univ. Press 2007)). Similarly, the
ACLU's webpagc about the Office of Legal Counsel ("OLC") torture
memos obtained through FOIA contains commentary and analysis of the
memos; an original, comprehensive chart summarizing the memos; links
to web features created by ProPublica (an independent, non-profit,
investigative-journalism organization) based on die ACLU's infth ntation
gathering, research, and analysis; and ACLU videos about the memos.7 In
20)!, httio://wwvv.aclu.orgiimmigrants-rightsprisoners-rights-prisoners-
rightsidocuments-obtained-aclu-show-sexuahabuse-, Press Release, American Civil
Liberties Union, New Evidence of A.buse at Ragrum Underscores Need far Full
Disclosure About Prison, Says ACLU� June 24, 2009, httn,/,/www.aclu.orginational-
security/new-evidence-abuse-bagram-underseores-need-full-disclosurc-about-prison-
says-aclu.
3 See, e.g., Carrie Johnson, Delay in Releasing CIA Report Is Sought; Justice .Dep't
Wants More Time to Review IG's Findings on Detainee Treatment, Wash. Post, June 20,
2009 (quoting ACLU staff attorney Amrit Singh); Peter FS & Julie Tate, CIA Mistaken
on 'High-Value' Detainee, Document Shows, Wash. Post, June 16, 2009 (quoting ACLU
staff attorney Ben Wizner); Scott Shane, Lawsuits Force Disclosures by CIA., N.Y.
Times, June 10, 2009 (quoting ACLU National Security Project Jirector Jameel la Nit
Joby Warrick, Like Fel, CIA Ilas Used Secret `Letters,' Wash. Post, fan. 25, 2008
(quoting ACLU staff attorney Melissa Goodman).
See, e.g, huP://www.atlu.orenational-security/predator-drone-foia;
http://www.aciu.orgfnational-security/anwar-ahawlaki�foia-request;
httpliwww.aclu.org/tonurefoia; Mtp://www.aclu.org/olcmemos;
http:thwvoar,aelu.urg/inappingthefbi; httri://www.aclu.org/national-securiry/bagrani-kna;
http://www,adnorg/safefreettorture/csrtfoia.html;
http://ww w.aclu.orWnatsec/foia/seareh.html;
http://www.aclu.orWsafefrecinsaspying/30022res20060207,html;
http://www.aelu,org/patrioffoia; http://www.aclu.org/spyfiles;
www.aclu.org/salefree/nationalsecuritylerters/32140res2007 101 1.h.tril and
http://www.aclu.org/exclusion.
3 hrtp://www.torturedatabase.org.
6 http://www.aelu.orgitorturefoia,
7 littp://ww w.ae I u.org/safefree/gencraliolc_memos.:htm/.
5
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UNIVIN FOUNDATION
addition to websites, the ACLU has produced an in-depth television series
on civil liberties, which has included analysis and explanation of
information the ACLU has obtained through FOR.
The ACLU plans to analyze and disseminate to the public the
information gathered through this Request The record requested is not
sought for commercial use, and the Requesters plan to disseminate the
information disclosed as a result of this Request to the public at no cost.8
B. The record sought is urgently needed to inform the public
about actual or alleged government activity,
The SSCI Report is urgently needed to inform the public about
actual or alleged government activity; moreover, this document relates to a
breaking news story of general public interest, specifically, the CIA's
rendition, detention and interrogation program and its authorization of
abusive techniques between 2002 and 2009. See 32 C.F,R.
� I900.34(c)(2); 28 C.F.R. � 16.5(d)(1)(ii); 32 C.F.R. � 286.4(d)(3)(ii)(A);
22 C.F.R. � 171.12(b)(2),
We make this Request to further the public's understanding of the
CIA's program and the role of senior officials in conceiving of and
authorizing the use of abusive interrogation techniques in the wake of
September I I, 2001. The public has and continues to manifest an abiding
interest in the conduct of the CIA and other executive agencies with
respect to individuals seized, detained, and interrogated for
counterterrorism purposes. While U.S. intelligence officials have
acknowledged that the CIA used harsh and coercive interrogation
techniques, Congress's investigation sets forth the most comprehensive
account to date of what happened and why, and it is imperative that its
findings be made public.
Over the past year, national news stories have highlighted the
sigtificance of the SSCI investigation for the public record. In the run-up
to the committee vote last December, a host of articles and editorials were
published emphasizing how important it is for the Report to be made
public. See, e.g., Ed Pilkington, Senate Under Pressure to Release
Mammoth Report on CIA Interrogation, The Guardian (U.K.), Dec, 13,
2012, http://bitly-NECh2.1; US Senate Panel to Vote on CIA
Interrogations Report, AFP, Dec. I I, 2012, http://bitly/Z0ahlA; Carolyn
'In addition to the national ACLU offices, there are 53 ACLU affiliate and national
chapter offices located throughout the United States and Puerto Rico. These offices
further disseminate ACLU material to local residents, schools, and organizations through
a variety of means, including their own websites, publications, and newsletters. Further,
the ACLU makes archived materials available at the American Civil Liberties Union
Archives at Princeton University Library.
6
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Lochhead, Dianne Feinstein Torture Report May Conflict with Bin Laden
Movie, SFGate Blog, Dec. 1.1,2012, http://bitly/USwxpl; Matt Bewig,
Senate Report on CIA Torture Techniques May Remain Secret, AllGov,
Dec. 10, 2012, http://bitlyNLaXWE; Jim Kouri, Senate Democrats Urge
Probe of CIA Interrogations During Bush Years, Examiner, Dec. 7, 2012,
http://exm.ru/TZTQuk; Mark Hosenball, Senators to Vote on Probe of CL4
Interrogation Program, Reuters, Dec. 6, 2012, http://reuttrs/RbuLlf;
Editorial, Our View: Snowe, Committee Should Release Torture Report,
Portland Press Herald, Nov. 23, 2012, hrtp://bitly/RYpVnf. For the past
several weeks, nationwide media outlets have continued to call for the
Report's public release, emphasizing its critical importance. See, e.g,,
Mark Hosenball, CIA Nominee Had Detailed Knowledge of "Enhanced
Interrogation Techniques," Reuters, Jan. 30, 2013, http://reutss/XgF44v;
Matt Sledge, John Brennan Nomination Seen As Opening to Push for CIA
Torture Report Release, Buffington Post, Jan. 8, 2013,
http://huitto/VDOOSR; Conor Friedersdorf, Does it Matter if John
Brennan was Complicit in Illegal Torture?, The Atlantic, Jan. 8.2013,
http://bitly/Wq:cu5u; Adam Serwer, Obama's CIA Pick to lace Questions
on Torture, Mother Jones, Jan. 8,2013, http://bit.ly/VNAfiw.
The contents of the Report will inform urgent and ongoing debate
about the CIA interrogation program. The SSCI Report provides "the
public with a comprehensive narrative of how torture insinuated itself into
U.S. policy," a narrative that "is of more than historical interest" as the
nation's lawmakers move forward, Editorial, Free the Torture Report,
L.A. Times, Apr. 27, 2012, http://lat.msamBMZ9, See also Scott Shane,
No Charges Filed on Harsh Tactics Used by the CIA., N.Y. Times, Aug.
30, 2012, http.//nyti.ms/RuZNRX; Mark Hosenball, Exclusive: Senate
Probe Finds Little Evidence of Effective "Torture," Reuters, Apr. 27,
2012, http://reut.rs/ItLmpH; Marcy Wheeler, Right on Cue, the Counter-
Argument to the Torture Apology Comes Out, Empty Wheel, Apr. 27,
2012, http://bit1y/Thha6s.
Expedited processing should be granted.
HI. Application for Waiver or Limitation of Fees
A. Release of the record is in the public interest
We request a waiver of search, review, and reproduction fees on
the grounds that disclosure of the requested record is in the public interest
because it is likely to contribute significantly to the public understanding
of the United States government's operations or activities and is not
primarily in the commercial interest of the requester. 5 U.S.C.
� 552(a)(4)(A)(iii); 32 C,F.R. � 1900.13(b)(2); 28 C.F.R. � 16.1I(k); 32
C.F.R. � 286.28(d); and 22 C.F.R. � 171.17.
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AMERICAN CIVIL LIBERTiES
UNION FOUNDATION
The SSCI Report will significantly contribute to public
understanding of the government's operations or activities. Moreover,
disclosure is not in the ACLU's commercial interest. Any information
obtained by the ACLU as a result of this FOIA request will be available to
the public at no cost. See 32 C.F.R. � 1900.I3(b)(2); 28 C.F.R.
� 16.11(k); 32 C.F.R. � 286.28(d); 22 C.F.R. � 171.17,
Thus, a fee waiver would fulfill Congress's legislative intent in
amending FOIA. See Judicial Watch Inc. v. Rossotti, 326 F.3d 1309, 1312
(D.C. Cit. 2003) (-Congress amended FOIA to ensure that it be liberally
construed in favor of waivers for noncommercial requesters." (internal
quotation marks and citation omitted)); OPEN Government Act of 2007,
Pub, L. No. 110-125, � 2, 121 Stat. 2524 (finding that "disclosure, not
secrecy, is the dominant objective of the Act," quoting Dept of Air Force
v, Rose, 425 U.S 352, 361 (1992)).
B. The ACLU qualifies as a representative of the news media.
A waiver of search and review fees is warranted because the
ACLU qualifies as a -representative of the news media" and the SSCI
Report is not sought for commercial use. 5 U.S.C. � 552(a)(4)(A)(ii); see
also 32 C.F.R. � 1900.02(h)(3); 28 C.F.R. � 16.11(k); 32 C.F.R.
� 286.28(d); 22 C.F.R. � 171.17. Accordingly, fees associated with the
processing of this request should be "limited to reasonable standard
charges for document duplication."
The ACLU meets the statutory and regulatory definitions of a
"representative of the news media" because it is an "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." 5 U.S.C. � 552(a)(4)(A)(ii)(11); see
also Nat'l Sec. Archive v. Dept of Del, 880 F.2d 1381, 1387 (D.C. Cir.
1989); cl Am. Civil Liberties Union v. Dept of Justice, 321 F. Supp. 2c1
24, 30 n.5 (D.D.C. 2004) (finding non-profit public interest group to be
"primarily engaged in disseminating information"). The ACLU is a
"representative of the news media" for the same reasons that it is
"primarily engaged in the dissemination of information." See Elec,
Privacy Info. Cu. v. Dept of Del, 241 F Supp. 2d 5, 10-15 (D.D.C.
2003) (finding non-profit public interest group that disseminated an
electronic newsletter and published books was a "representative of the
news media" for FOIA purposes). 9 Indeed, the ACLU recently was held
"On accouat of these factors, fees associated with responding to FOIA requests arc
regularly waived for The ACLU. In June 201 I, the National Security Division of the
Department of Justice granted a fee waiver to the ACLU with respect to a request for
documents relating to the interpretation and implementation ofa section of the PATRIOT
8
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AMERICAN COM. LIESEATIES
UNION FOUNDATION
to be a "representative of the news media," Serv. Women's Action
Network v, Dep't ((Defense, No. 3:11CV1534 (MRK), 2012 WL
3683399, at *3 (D. Conn. May 14,2012). See also Am. Civil Liberties
Union of Wash v. Dep't offustice, No. C09-0642R5L, 2011 WL 887731,
at *10 (W.D. Wash. Mar. 10,2011) (finding ACLU of Washington to be a
-representative of the news media"), reconsidered in part on other
grounds, 2011 WL 1900140 (W.D. Wash. May 19, 2011),
* * *
Pursuant to applicable statute and regulations, we expect a
determination regarding expedited processing within ten (10) calendar
days. See 5 U.S.C. � 552(a)(6)(E)(ii)(1); 32 CE.R. � 1900.21(d); 28
C.F.R. � 16,5(d)(4). 32 C.F.R. � 286.4(d)(3); 22 C.F.R. � 171.12(b).
If the request is denied in whole or in part, we ask that you justify
all withholdings by reference to specific exemptions to the FO1A. We
also ask that you release all segregable portions of otherwise exempt
material.
We reserve the right to appeal a decision to withhold any
information or to deny a waiver of fees.
Please furnish the applicable records to:
Mitra Ebadolahi
American Civil Liberties Union
125 Broad Street
Act, In October 2010, the Department of the Navy granted a fee waiver to the ACLU
with respect to a request for documents regarding the deaths of detainees in U.S custody.
In January 2009, the CIA granted a fee waiver with respect to the same request. In
March 2009, the State Department granted a fee waiver to the ACLU with regard to a
FOR request submitted in December 20013. The Department of Justice granted a fee
waiver to the ACLU with regard to the same FOIA request. In November 2006, the
Department of Health and Human Services granted a fee waiver to the ACLU with regard
to a FOIA request submitted in November of 2006. In May 2005, the US, Department of
Commerce granted a fee waiver to the ACLU with respect to its request for information
regarding the radio-frequency identification chips in United States passports. In March
2005, the Depamnent of State granted a fee waiver to the ACLU with regard to a request
regarding the use of immigration laws to exclude prominent non-citizen scholars and
intellectuals from the country because of their political views, statements, or associations.
In addition, the Department of Defense did not charge the ACLU fees associated with
FOIA requests submitted by the ACLU in April 2007, June 2006, February 2006, and
October 2003. The Department of Justice did not charge the ACLU fees associated with
FOR requests submitted by the ACLU in November 2007, December 2005, and
December 2004. Finally, three separate agencies�the Federal Bureau of Investigation,
the Office of Intelligence Policy and Review, and the Office of Information and Privacy
in the Department of Justice�did not charge the ACLU fees associated with a FOIA
request submitted by the ACLU in August 2002,
9
Approved for Release: 2022/11/22 C05966589
F68-14-2013 16:35 FROM:
TO:703 613 36307 F11'11
Approved for Release: 2022/11/22 C05966589
AMERICAN CIVIL LIBERTTES
UNION FOUNDATION
18th Floor
New York, NY 10004
Thank you for your prompt attention to this matter,
1 hereby certify that the foregoing is fl-tie and correct to the best of
my knowledge and belief. See 5 U.S.C. � 552 a 6
Mitra Ebadolah
American Civil Liberties Union
Foundation
125 Broad Street
18th Floor
New York NY 1110(14
Fax: 212,549.2654
10
(b)(6)
(b)(6)
(b)(6)
Approved for Release: 2022/11/22 005966589