Initial Request

• Document Type: FOIA
• Collection: FOIA Collection
• Document Number (FOIA) /ESDN (CREST): 06101704
• Release Decision: RIPPUB
• Original Classification: U
• Document Page Count: 3
• Document Creation Date: July 11, 2023
• Document Release Date: February 17, 2022
• Case Number: F-2014-02028
• Publication Date: August 26, 2013

Approved for Release: 2021/12/06 C06101704
investigative reporter who has published several stories pertaining to
national security and/or law enforcement matters.
According to 5 U.S.C. � 552(a)(4)(A)(ii), codifying the ruling of Nat'l
Security Archive v. Dep't of Defense, 880 F.2d 1381 (D.C. Cir. 1989),
the term "a representative of the news media" means any 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.
I have a clear intent to "publish[ ] or otherwise disseminate[]
information to the public." Id. at 1386 (quoting the following legislative
history: 1) "It is critical that the phrase 'representative of the news
media' be broadly interpreted if the act is to work as expected�. . In
fact, any person or organization which regularly publishes or disseminates
information to the public ... should qualify for waivers as a
'representative of the news media." 132 Cong. Rec. 514298 (daily ed.
Sept. 30, 1986) (emphasis in original quotation); 2) "A request by a
reporter or other person affiliated with a newspaper, magazine, television or
radio station, or other entity that is in the business of publishing or
otherwise disseminating information to the public qualifies under this
provision." 132 Cong. Rec. H9463 (Oct. 8, 1986) (emphasis in original
quotation)). Therefore, in accordance with the Freedom of Information Act and
relevant case law, I, Jason Leopold, should be considered a representative of
the news media.
I am also requesting a public interest fee waiver. 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. These
records pertain to highly controversial detainee interrogation practices; it
would be difficult to imagine a way in which they would not contribute to the
public's understanding of government operations or activities.
Please ensure that, in accordance with the DC Circuit's ruling in Chambers
v. Dep't of the Interior, 568 F.3d 998 (D.C. Cir. 2009), all records
potentially responsive to this FOIA request are immediately preserved from
destruction until the final resolution of this FOIA action.
MML221
Destruction of potentially responsive records after the receipt of a FOIA
request is considered "contumacious conduct" by the DC Circuit. See id.
at 1004.
Your agency is required by law to respond to this request within 20 working
days, and it must render a determination on the request for expedited
processing within 10 calendar days. Failure to timely comply may result in
the filing of a civil action against your agency in a United States District
Court.
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Approved for Release: 2021/12/06 C06101704
Please provide any records produced in response to this request in electronic
(soft-copy) form.
Your cooperation in this matter would be appreciated. If you wish to discuss
this request, please do not hesitate to contact me.
Fee Waiver:
I, Jason Leopold, qualify as a representative of the news media. I am an
investigative reporter who has published several stories pertaining to
national security and/or law enforcement matters.
According to 5 U.S.C. � 552(a)(4)(A)(ii), codifying the ruling of Nat'l
Security Archive v. Dep't of Defense, 880 F.2d 1381 (D.C. Cir. 1989),
the term "a representative of the news media" means any 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.
I have a clear intent to "publish[ ] or otherwise disseminate[ ]
information to the public." Id. at 1386 (quoting the following legislative
history: 1) "It is critical that the phrase 'representative of the news
media' be broadly interpreted if the act is to work as expected.... In
fact, any person or organization which regularly publishes or disseminates
information to the public ... should qualify for waivers as a
'representative of the news media." 132 Cong. Rec. 514298 (daily ed.
Sept. 30, 1986) (emphasis in original quotation); 2) "A request by a
reporter or other person affiliated with a newspaper, magazine, television or
radio station, or other entity that is in the business of publishing or
otherwise disseminating information to the public qualifies under this
provision." 132 Cong. Rec. H9463 (Oct. 8, 1986) (emphasis in original
quotation)). Therefore, in accordance with the Freedom of Information Act and
relevant case law, I, Jason Leopold, should be considered a representative of
the news media.
I am also requesting a public interest fee waiver. 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. These
records pertain to highly controversial detainee interrogation practices; it
would be difficult to imagine a way in which they would not contribute to the
public's understanding of government operations or activities.
Approved for Release: 2021/12/06 C06101704
Approved for Release: 2021/12/06 C06101704'
013 ZS-0 9
FOIA Request ID: 1983
FOIA Request submitted by:
Mr. Jason Leopold
Submitted on: August 22, 2013 : 18:14 - America/New_York
Investigative Journalist
United States
Request:
(b)(6
Re: FOIA Request � ACLU followup To Whom It May Concern:
On 7 October 2003 the American Civil Liberties Union ("ACLU") and four
other non- profit organizations submitted the attached Freedom of Information
Act ("FOIA") request. This is a FOIA request for copies of all records
meeting the description of the ACLU request created since 20 January 2009. In
other words, the intent of this request is to obtain records of the same
genre as those sought by the ACLU which were created since President Obama
took office.
This request is to be directed to the same agency components which performed
your agency's search in response to the ACLU's request.
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, I draw your attention to President Obama's 21
January 2009 Memorandum for the Heads of Executive Departments and Agencies,
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."
I, Jason Leopold, qualify as a representative of the news media. I am an
Approved for Release: 2021/12/06 C06101704