Initial Request

• Document Type: FOIA
• Collection: FOIA Collection
• Document Number (FOIA) /ESDN (CREST): 06158261
• Release Decision: RIPPUB
• Original Classification: U
• Document Page Count: 7
• Document Creation Date: July 11, 2023
• Document Release Date: February 17, 2022
• Case Number: F-2014-02028
• Publication Date: February 3, 2014

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FOIA Request ID: 2563
FOIA Request submitted by:
Mr. Jason Leopold
Submitted on: January 31, 2014: 18:26 - America/New_York
Investigative Journalist
United States
Request:
This is a request for records under the Freedom of Information Act
("FOIA"), 5 U.S.C. � 552 and the Privacy Act, 5 U.S.C. � 552a. This
request should be considered under both statutes to maximize the release of
records.
RECORDS SOUGHT
I request disclosure of any and all records that were prepared, received,
transmitted, collected and/or maintained by the Central Intelligence Agency
(CIA) mentioning the deceased individual Pete Seeger
Date of Birth: 03 May 1919
Place of Birth: Manhattan, New York
Date of Death: 27 January 2014
Place of Death: New York
ADDITIONAL DESCRIPTIVE INFORMATION
The following information about Pete Seeger is provided in order to enable
the CIA to locate the requested records. It is not intended to limit the
scope of this request.
Pete Seeger was a folk singer and activist. According to the New York Times,
"During the McCarthy era Mr. Seeger's political affiliations, including
membership in the Communist Party in the 1940s, led to his being blacklisted
and later indicted for contempt of Congress. The pressure broke up the
Weavers, and Mr. Seeger disappeared from commercial television until the late
1960s. But he never stopped recording, performing and listening to songs from
ordinary people. Through the decades, his songs have become part of
America's folklore."
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"In 1955 he was subpoenaed by the House Un-American Activities Committee,
where he testified, "I feel that in my whole life I have never done
anything of any conspiratorial nature." He also stated: "I am not going
to answer any questions as to my association, my philosophical or religious
beliefs or my political beliefs, or how I voted in any election, or any of
these private affairs. I think these are very improper questions for any
American to be asked, especially under such compulsion as this."
Mr. Seeger offered to sing the songs mentioned by the congressmen who
questioned him. The committee declined."
1. Instructions Regarding "Leads":
As required by the relevant case law, the CIA should follow any leads it
discovers during the conduct of its searches and perform additional searches
when said leads indicate that records may be located in another system.
Failure to follow clear leads is a violation of FOIA.
2. Request for Public Records:
Please search for any records even if they are already publicly available.
3. Request for Electronic and Paper/Manual Searches:
I request that searches of all electronic and paper/manual indices, filing
systems, and locations for any and all records relating or referring to the
subject of my request be conducted. I further request that the CIA conduct a
search of its "soft files."
4. Request for Search of Filing Systems, Indices, and Locations:
I request that the CIA conduct a search of all of its directorates.
Specifically, I request that the search conducted by the CIA include, but not
be limited to, the following filing systems, indices, and locations: Training
Records; Center for the Study of Intelligence (CSI) Records; CIA
Declassifications Center (CDC) External Liaison Records; Manuscript Review
Records; Security Operations Records; Information Release Records; Official
Personnel Files; Personnel Security Records; Polygraph Records; Office of the
Director Action Center Records; Office of General Counsel Records;
Congressional Liaison Records; Public Affairs Records; Inspector General
Research Records; Inspector General Investigation and Interview Records;
Office of the Deputy Director of Central Intelligence (DDCI) for Community
Management Records; Directorate of Science & Technology (DS&T) Private Sector
Contact Information; Alumni Communications Records; Directorate of Operations
Records; Academic and Business Contact Records; Customer Relations Records;
Research System Records; Intelligence Analysis Records; Guest Speaker
Records; National Intelligence Council (NIC) Records; Arms Control Records;
CREST; employees' official files; CIA's daily diary of its activity; and
monthly progress reports.
Additionally, please search all of your indices, filing systems, and
locations, including those I have not specified by name and those of which I
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may not be aware.
5. Request for Search of Operational Files:
I request that in conducting its search, the CIA include "operational
files," as that term is defined in 50 U.S.C. � 431(b).
6. Request to Search Emails:
Please search for emails relating to the subject matter of my request.
7. Request for Search of Records Transferred to Other Agencies:
I request that in conducting its search, the CIA disclose releasable records
even if they are available publicly through other sources outside the CIA,
such as NARA.
8. Regarding Destroyed Records
If any records responsive or potentially responsive to my request have been
destroyed, my request include, but is not limited to, any and all records
relating or referring to the destruction of those records. This includes, but
is not limited to, any and all records relating or referring to the events
leading to the destruction of those records.
INSTRUCTIONS REGARDING SCOPE AND BREADTH OF REQUESTS
Please interpret the scope of this request broadly. The CIA is instructed to
interpret the scope of this request in the most liberal manner possible short
of an interpretation that would lead to a conclusion that the request does
not reasonably describe the records sought.
I am willing to pay any reasonable expenses associated with this request,
however, as the purpose of the requested disclosure is in full conformity
with the statutory requirements for a waiver of fees, I formally request such
a waiver. I request a waiver of all costs pursuant to 5 U.S.C.
�552(a)(4)(A)(iii) ("Documents shall be furnished without any charge ...
if disclosure of the information is in the public interest because it is
likely to contribute significantly to public understanding of the operations
or activities of the government and is not primarily in the commercial
interest of the requester."). Disclosure in this case meets the statutory
criteria, and 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. Cir. 2003) ("Congress amended FOIA to ensure that it be 'liberally
construed in favor of waivers for noncommercial requesters."). I
incorporate by reference the explanation and attached materials in the above
sections which demonstrates why the requested information is in the public
interest.
As the legislative history of FOIA reveals, "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
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Cong. Rec. S14298 (daily ed. Sept. 30, 1986) (emphasis in original
quotation); and 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.
Fee Waiver:
Fee Category and Request for a Waiver of Fees:
I am willing to pay any reasonable expenses associated with this request,
however, as the purpose of the requested disclosure is in full conformity
with the statutory requirements for a waiver of fees, I formally request such
a waiver. I request a waiver of all costs pursuant to 5 U.S.C.
�552(a)(4)(A)(iii) ("Documents shall be furnished without any charge ...
if disclosure of the information is in the public interest because it is
likely to contribute significantly to public understanding of the operations
or activities of the government and is not primarily in the commercial
interest of the requester."). Disclosure in this case meets the statutory
criteria, and 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. Cir. 2003) ("Congress amended FOIA to ensure that it be 'liberally
construed in favor of waivers for noncommercial requesters."). I
incorporate by reference the explanation and attached materials in the above
sections which demonstrates why the requested information is in the public
interest.
As the legislative history of FOIA reveals, "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. S14298 (daily ed. Sept. 30, 1986) (emphasis in original
quotation); and 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.
The Department of Justice provides a two-part test for determining whether a
requestor is entitled to a waiver of fees. Records responsive to a request
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are to be furnished without charge if the requestor has demonstrated that
"(i) Disclosure of the requested information is in the public interest
because it is likely to contribute significantly to public understanding of
the operations or activities of the government, and (ii) Disclosure of the
information is not primarily in the commercial interest of the requestor."
28 CFR 16.11(k). The DOJ regulations further require the consideration of the
following factors in determining whether the requestor has met the first part
of the test: the subject of the request; the informative value of the
information to be disclosed; the contribution to an understanding of the
subject by the public likely to result from disclosure; and the significance
of the contribution to public understanding. 28 CFR 16.11(k)(2). To determine
whether the second part of the test is met, the DOJ regulations require
consideration of the following factors: the existence and magnitude of a
commercial interest; and the primary interest in disclosure. As explained
below, my request clearly meets this two-part test, and is also the type of
request, and I am the type of requestor, for which courts have held that
waiver of fees is required under FOIA.
I. DISCLOSURE OF THE REQUESTED RECORDS IS IN THE PUBLIC INTEREST BECAUSE IT
IS LIKELY TO CONTRIBUTE SIGNIFICANTLY TO THE PUBLIC UNDERSTANDING OF THE
OPERATIONS AND ACTIVITIES OF THE GOVERNMENT.
A. The subject of the requested records concerns the operations and
activities of the CIA and broader government. The subject of the requested
records concerns identifiable operations and activities of the CIA and
broader government, such as: US and possibly CIA involvement in surveillance
of Seeger; US and possibly CIA provision of intelligence regarding Seeger; US
and possibly CIA assistance in the prosecution of Seeger; US and possibly CIA
monitoring of Seeger's activism and dissent; US and possibly CIA possible
continued provision of intelligence gathering regarding Seeger.
B. The disclosure is likely to contribute to an understanding of government
operations and activities because the disclosable portions of the requested
records will be meaningfully informative about those operations and
activities. The vast majority of disclosable information is not already in
the public domain, in either a duplicative or a substantially identical form,
and therefore the disclosure would add substantial new information to the
public's understanding of issues including but not limited to: US and
possibly CIA involvement in surveillance and marginalization of Seeger.
The overwhelming preponderance of records I need to conduct my reporting are
in the possession of the CIA and not in the public domain.
C. The disclosure of the requested records will contribute to the increased
understanding of a broad audience of persons interested in the subject,
rather than merely my own individual understanding. I have the ability and
intention to effectively convey information to the public.
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As explained herein in more detail, the audience likely to be interested in
the subject is broad, and includes, musicians, historians of modern American
government, politics, culture, and national security; journalists reporting
on American politics, government, national security, and society; civil
liberties attorneys; and the general public.
The OPEN Government Act of 2007's definition of "a representative of the
news media" is taken nearly verbatim from language used by the United
States Court of Appeals, District of Columbia Circuit in the court's 1989
FOIA fee waiver-oriented ruling in National Security Archive v. Department of
Defense. As the court also relatedly found in National Security Archive v.
Department of Defense, a requester need not already have published numerous
works in order to qualify as a representative of the news media. The court
found that the express "intention" to publish or disseminate analysis of
requested documents amply satisfies the above noted requirement for
journalists to "publish or disseminat[e] information to the public."
National Security Archive v. Department of Defense, 880 F.2d 1386, (D.C. Cir,
1989). As noted above, I am currently working on popular articles involving
significant analysis of records obtained through FOIPA requests to be written
by me and fellow journalist Jason Leopold. Additionally, as detailed above, I
have already publicly disseminated significant analysis of documents obtained
through FOIPA requests. I have expressed a firm intention to continue
disseminating significant analysis of documents obtained through FOIPA
requests. And I have demonstrated my ability to continue disseminating
significant analysis of documents obtained through FOIPA requests.
Therefore, in that I am "person or entity that gathers information of
potential interest to the public, uses its editorial skills to turn the raw
materials into a distinct work, and distributes that work to an audience,"
I solidly meet the applicable definition of "a representative of the news
media." As such, I have again more than satisfied the requirement for a fee
waiver.
D. The disclosure of the requested records is likely to contribute
"significantly" to public understanding of government operations and
activities because disclosure would enhance to a significant extent the
public's understanding of the subject in question as compared to the level
of public understanding existing prior to the disclosure
III. CONCLUSION.
As demonstrated above, the disclosure of the requested records will
significantly contribute to expanded public understanding of government
operations. I have the intent and ability to disseminate this significant
expansion of public understanding of government operations. The public
interest in this significant expansion of public understanding of government
operations far outweighs any commercial interest of my own in the requested
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release. Accordingly, my fee waiver request amply satisfies the rules of 28
C.F.R. 16.11(k). Legislative history and judicial authority emphatically
support this determination. For these reasons, and based upon their extensive
elaboration above, I request a full waiver of fees be granted. I will appeal
any denial of my request for a waiver of fees to the Department of Justice
Office of Information Policy, and to the courts if necessary.
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