F-2016-02028 REQUEST LETTER

• Document Type: FOIA
• Collection: FOIA Collection
• Document Number (FOIA) /ESDN (CREST): 06718921
• Release Decision: RIPPUB
• Original Classification: U
• Document Page Count: 4
• Document Creation Date: July 13, 2023
• Document Release Date: November 10, 2022
• Case Number: F-2017-01736
• Publication Date: December 20, 2007

Approved for Release: 2022/10/25 C06718921
'4,0� -0202A
Allard K. Lowenstein International
Human Rights Clinic �
National Litigation Project
Yale Law School
127 Wall St
New Haven CT 06511-8918
Jonathan M. Freiman
BY FAX AND CERTIFIED MAIL
December 20, 2007
Agency Release Panel (ARP)
C/O Information and Privacy Coordinator
Information and Privacy Coordinator
Central Intelligence Agency
Washington, D.C. 20505
APPEAL from Denial of FOIA Request Submitted on October 23, 2007:
Ref. No. F-2008-00192
Dear Coordinator:
This letter constitutes an appeal ("Appeal") pursuant to the Freedom of Information Act, 5 U.S.C. �
552(a)(6) (FOIA), of your November 5, 2007, denial of the Request submitted by the Allard K.
Lowenstein International Human Rights Clinic at Yale Law School on October 23, 2007, to which
you assigned reference number F-2008-00192.
The October 23 Request sought the release of any and all agency records concerning the detention
and/or interrogation of individuals denominated "enemy combatants" and detained at civilian or
military facilities within the United States. For your convenience, the October 23 Request is attached
hereto.
In your response, you stated that "[dile records you are seeking would most likely be under the
auspices of the Department of Defense."
Your response indicates that you made no effort to locate responsive records, on the basis of a
determination that any records would "most likely" be located within the Department of Defectse.
However, the October 23 Request clearly sought the release of documents that may be in CIA
custody, including:
Copies of any memoranda, directives, reports, or other documents issued by the
Department of Defense . . . or by other government agencies . . . relating to or
arising out of authorized or unauthorized detention and/or interrogation practices
N.)
I Please note that this appeal is unrelated to the request filed by the Lowenstein Clinic on December 20, 2007.
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Allard K. Lowenstein International
Human Rights Clinic �
National Litigation Project
Yale Law School
127 Wall SE
New Haven CT 06511-8918
Jonathan M. Freiman
Requester hopes to avoid the need for litigation over this matter and invites you to call Jonathan
Freiman at the number below to discuss the Request and Appeal. Requester looks forward to your
response within twenty (20) business days, as required under 5 U.S.C. � 552(a)(6)(A)(i).
Thank you for your prompt attention to this matter.
Signed by:
onat an
National Litigation Project
of the Allard K. Lowenstein International
Human Rights Clinic at Yale Law School
127 Wall St.
New Haven, CT 06511
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Approved for Release: 2022/10/25 C06718921
Approved for Release: 2022/10/25 C06718921
Allard K. Lowenstein International
Human Rights Clinic �
National Litigation Project
Yale Law School
127 Wall Su
New Haven CT 06511-8918
Jonathan M. Freiman
applied to individuals designated as enemy combatants at military or civilian facilities
within the United States.
Any and all documents relating to or arising out of any agreement or. instructions,
whether formal or informal, between government agencies, including but not limited
to the Departments of Justice, Defense, Homeland Security or State or their
components, regarding the detention and/or interrogation within the United States
of individuals designated as enemy combatants.
October 23 Request at 3-4, 11 5, 7.
The Freedom of Information Act requires that the CIA make a thorough search for responsive
records, not issue a denial on the basis of speculation about the records it is "likely" to have. There is
a fair probability that CIA does in fact have records responsive to the Request: In view of CIA
experience with the development and application of counter-resistance techniques for use against
suspected enemy combatants held outside of the United States, Requester believes that it is likely
that CIA would have been consulted in the process of developing techniques for use within the
United States. Accordingly, Requester demands that CIA make a thorough search for responsive
records, in accordance with it obligations under the Freedom of Information Act.
Your letter also stated that "The CIA is not authorized to release records originated by other
government agencies even if we were to locate any." Your letter did not cite, and Requester is
unaware of, any authority for such a refusal to release responsive records. Requester reiterates its
demand that any denial be justified "by reference to specific exemptions of the FOIA." October 23
Request at 4.
For the reasons stated above, Requester appeals your refusal to conduct a search for, or release any,
responsive documents in CIA custody, and declares its intention to pursue judicial remedies if the
records requested are not promptly made available or their withholding adequately justified. As you
are no doubt aware, the recent scandal over the disappearance of key recordings of interrogations of
suspected "enemy combatants" at home and abroad has intensified congressional and public interest
in the treatment of such individuals. The Lowenstein Clinic's interest in gathering the requested
records and disseminating them to the public is clearly heightened by these recent developments,
and it is now more important than ever that the FOIA process be, and be seen to be, effective in
providing the public with information on the activities undertaken in its name.
In the event that this appeal is denied, Requester asks that you provide the following information:
(1) a complete list of documents covered by the Request; (2) specific indications of what material is
being withheld; and (3) the statutory exemptions or other authority relied on to justify the
withholding.
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� Central Intelligence Agency
Washingon, D.C. 20505
NOV 0 5 ?007
Mr. Jonathan Freiman
Allard K. Lowenstein International
Human Rights Clinic-
National Litigation Project
Yale Law School
127 Wall St.
New Haven, CT 06511-8918
Reference: F-2008-00192
Dear Mr. Freiman:
This is a final response to your 23 October 2007 Freedom of Information Act (FOIA)
request, which was received on 23 October 2007, for
"any and all agency records concerning the detention and/or
interrogation of individuals denominated 'enemy combatants' and
detained at civilian or military facilities within the United States
including but not limited to the classes of documents enumerated
below." (List of documents omitted)
The records you are seeking would most likely be under the auspices of the Department of
Defense. The CIA is not authorized to release records originated by other government agencies
even if we were to locate any. Therefore, you will be better served by submitting your request to
the Department of Defense at the following address:
Ms. Karen M. Finnegan
Office of Freedom of Infonnation
Department of Defense
1155 Defense Pentagon
Washington, D.C. 20301-1155
703-696-4495
Fax number 703-696-4506
We regret that we could not be of assistance in this matter.
Sincerely,
Scott Koch
Information and Privacy Coordinator
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