Initial Request

• Document Type: FOIA
• Collection: FOIA Collection
• Document Number (FOIA) /ESDN (CREST): 06171912
• 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: March 18, 2014

Approved for Release: 2021/12/06 C06171912 20144 � 01 0 S-
FOIA Request ID: 2795
FOIA Request submitted by:
Mr. Jason Leopold
Submitted on: March 17, 2014: 20:36 - 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, et seq. I am seeking all draft and final talking points and
guidance the Central Intelligence Agency prepared for any of its media
representatives and agency officials, including DCI John Brennan to address
the issues surrounding the Senate Select Committee Intelligence report on the
CIA's rendition, detention and interrogation program. To be clear, I am
seeking any and all talking points and guidance that advises CIA personnel
how to address the SSCI report, the controversies surrounding allegations
that the CIA "spied" or "hacked" SSCI computers and the disagreements that
arose between SSCI and the CIA.
I am seeking expedited processing for this request. This is a breaking news
story involving a potential constitutional crisis pertaining to oversight and
the public needs to be informed about the CIA's public response to this
matter.
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
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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 am a widely published independent investigative reporter and a current
contributor to Al Jazeera America
(http://america.aljazeera.com/profiles/lhason-leopold.html). I have also had
my journalism published in dozens of domestic and international publications.
According to 5 U.S.C. 552(a)(4)(A)(ii), codifying the ruling of Nat'l
Security Archive v. Dept 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. S14298 (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 and as such I am also
requesting a public interest fee waiver.
Please ensure that, in accordance with the DC Circuit's ruling in Chambers v.
Dept 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. 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. Failure to timely comply may result in the filing of a civil action
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against your agency in a United States District Court.
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.
Kind regards,
Jason Leopold
Fee Waiver:
I am a widely published independent investigative reporter and a current
contributor to Al Jazeera America
(http://america.aljazeera.com/profiles/Inason-leopold.html). I have also had
my journalism published in dozens of domestic and international publications.
According to 5 U.S.C. 552(a)(4)(A)(ii), codifying the ruling of Nat'l
Security Archive v. Dept 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 and as such I am also
requesting a public interest fee waiver.
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