Initial Request
Document Type:
Collection:
Document Number (FOIA) /ESDN (CREST):
06189705
Release Decision:
RIPPUB
Original Classification:
U
Document Page Count:
4
Document Creation Date:
July 11, 2023
Document Release Date:
February 17, 2022
Sequence Number:
Case Number:
F-2014-02028
Publication Date:
April 29, 2014
File:
Attachment | Size |
---|---|
Initial Request[16010998].pdf | 86.73 KB |
Body:
Approved for Release: 2021/12/06 C06189705 1--'" 20 1L1 N 1 1
FOIA Request ID: 3005
FOIA Request submitted by:
Mr. Jason Leopold
Submitted on: April 28, 2014 : 12:10 - America/New_York
Investigative Journalist
United States
Request:
(b)(6)
This is a request for records under the Freedom of Information Act ("FOIA"), 5 U.S.C. � 552, et seq.
This request is being sent to you pursuant to 28 C.F.R. 16.5(d)(2) which provides, "Requests based on
the category in paragraph (d)(1)(iv) of this section must be submitted to the Director of Public
Affairs[.]" This request seeks expedited processing pursuant to 28 C.F.R. 16.5(d)(1)(iv) because it
involves "[a] matter of widespread and exceptional media interest in which there exist possible
questions about the government's integrity which affect public confidence."
Approved for Release: 2021/12/06 C06189705
Approved for Release: 2021/12/06 C06189705
I am seeking the CIA's copy of the 480-page executive summary of the Senate Select Committee on
Intelligence's (SSCI) report on the agency's detention and interrogation program.
In a statement issued on April 3, 2014, Senator Dianne Feinstein, chairwoman of SSCI, said "The
Senate Intelligence Committee this afternoon voted to declassify the 480-page executive summary as
well as 20 findings and conclusions of the majority's five-year study of the CIA Detention and
Interrogation Program, which involved more than 100 detainees."
"The report also points to major problems with CIA's management of this program and its
interactions with the White House, other parts of the executive branch and Congress. This is also
deeply troubling and shows why oversight of intelligence agencies in a democratic nation is so
important.
"The release of this summary and conclusions in the near future shows that this nation admits its
errors, as painful as they may be, and seeks to learn from them. It is now abundantly clear that, in an
effort to prevent further terrorist attacks after 9/11 and bring those responsible to justice, the CIA
made serious mistakes that haunt us to this day. We are acknowledging those mistakes, and we have
a continuing responsibility to make sure nothing like this ever occurs again.
"The full 6,200-page full report has been updated and will be held for declassification at a later time."
To reiterate, I am only seeking the CIA's copy of the executive summary of the SSCI final report.
I am a widely published independent investigative reporter and a current contributor to Al Jazeera
(http://www.aljazeera.com/profilenason-leopold-.html). In addition, I am the Editor at Large for the
online publication, The Public Record (www.pubrecord.org). 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
Approved for Release: 2021/12/06 C06189705
Approved for Release: 2021/12/06 C06189705
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 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.
Approved for Release: 2021/12/06 C06189705
Approved for Release: 2021/12/06 C06189705
Fee Waiver:
I am a widely published independent investigative reporter and a current contributor to Al Jazeera
(http://www.aljazeera.com/profile/jason-leopold,html). In addition, I am the Editor at Large for the
online publication, The Public Record (www.pubrecord.org). 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.
Approved for Release: 2021/12/06 C06189705