F-2013-01911 APPEAL REQUEST

• Document Type: FOIA
• Collection: FOIA Collection
• Document Number (FOIA) /ESDN (CREST): 06090399
• Release Decision: RIPPUB
• Original Classification: U
• Document Page Count: 3
• Document Creation Date: July 13, 2023
• Document Release Date: December 8, 2022
• Case Number: F-2019-00600
• Publication Date: August 2, 2013

Approved for Release: 2022/12/06 C06090399
(b)(6)
HUGHES + SOCOL + PIERS + RESNICK+ DYM, LTD.
July 1(3, 2013
VIA UPS GROUND
Central Intelligence Agency
Agency Release Panel
c/o Michelle Meeks, Information and Privacy Coordinator
Washington, DC 20505
RE: Appeal of FOIA Response Dated July 1, 2013
Reference Number: F-2013-01911
Dear Ms. Meeks:
I hereby appeal your response to our FOIA request referenced above. The
determination that the fact of the existence or non-existence of the records requested is
a currently properly classified matter under Executive Order 13526 is unwarranted. In
addition, the denial based upon FOIA exemptions cb)(1) and (b)(3) is unwarranted.
Your Agency cannot properly make blanket claims such as these. The law requires you
to he specific about what the item is and then which item is disclosable or not, in full or
in part. We do not believe most or all of the information you may find in response to
our FOIA request is classified and/or covered by an exemption so please look again and
reconsider in favor of disclosing, at least in partial format.
Your response is a denial of access to any and all information in the possession of
the CIA. You state that the information is "intelligence sources and methods
information that is protected. It cannot he true factually that all information in the
CIA's possession is "intelligence sources" and/or "methods information." Otherwise, all
CIA records would be exempt by status. You must actually check on the specific
information requested of our client and respond appropriately.
In addition, the EWA has a 'presumption in favor of disclosure." 5 U.S.C, �
552(b)(7)(D) 2006, amended by OPEN Government Act of 2007, Pub. L. No. 110 175,
121 Stat. 2524; see also Presidential Memorandum for Heads of Executive Departments
and Agencies Concerning Freedom of Information Act, 74 Fed, Reg. 4683 (jam 21,
2009) (emphasizing that the Freedom of Information Act reflects a "profound national
commitment to ensuring an open Government" and directing agencies to "adopt a
presumption in favor of disclosure"); accord Attorney General Holder's Memorandum
for Heads of Executive Departments and Agencies Concerning the Freedom of
Information Act (Mar. 19, 2009), available at http://www.usddi.gov/ag/foia-memo-
march2009,pdf; FOIA post, "OW Guidance: President Obama's FOIA Memorandum
and Attorney General Holder's FOIA Guidelines Creating a New lira of Open
Government (posted 4/17/09). Moreover, your agency should not withhold information
simply because it may do so legally. The Attorney General specifically stated that he,
"stron0,7 encourage[s] agencies to make discretionary disclosures of information."
Furthermore, per the Attorney General, you "must consider whether you can make
partial disclosure" at a minimum,
70 West Madison Street �> SaW 4000 � Chicago, Illinois 60602 + Tel [phone] + Fax 312.550J994
Approved for Release: 2022/12/06 C06090399
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Approved for Release: 2022/12/06 C06090399
HUGHES + SOCOL + PIERS + RESNICK+ DYM, LTD.
Please direct any questions or requests for further informs
counsel. Thank you in advance for your prompt attention.
Very truly yours,
on directly to me as
1-11 TCHFq Q11CflT PT7PQ PI7CNTICT( & Dy
Cathy 1-figg&nMntaJ.
LTD.
(b)(6)
Approved for Release: 2022/12/06 C06090399
Approved for Release: 2022/12/06 CO6090399
"17-580-0100
Hughes Seco! Piers Resnk
Cathy Higgins-Mora C
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Chicago, IL 60602
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ral Intelligence Agency
icy Release Panel
Michelle Meeks, Information nci
$vacy Coordinator
Washington, DC 20505
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