Initial Request

• Document Type: FOIA
• Collection: FOIA Collection
• Document Number (FOIA) /ESDN (CREST): 06217009
• Release Decision: RIPPUB
• Original Classification: U
• Document Page Count: 9
• Document Creation Date: July 11, 2023
• Document Release Date: February 17, 2022
• Case Number: F-2014-02028
• Publication Date: July 9, 2014

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FOIA Request ID: 3067
FOIA Request submitted by:
Mr. Jason Leopold
Submitted on: July 5, 2014: 13:01 - 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.
RECORDS SOUGHT
(b)(6)
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I request disclosure of any and all leak investigation referrals the CIA has made to the Department of
Justice between January 1, 2009 and the date the search for responsive records begins. Moreover, I
request any and all records that refer to these leak investigation referrals and any and all records used
as the basis to prepare the leak investigation referrals to the Justice Department.
ADDITIONAL DESCRIPTIVE INFORMATION
The New York Times reported in a June 27, 2014 report that the CIA "refers possible leak cases to the
Justice Department on an almost weekly basis. A vast majority are never investigated."
REQUEST FOR EXPEDITED PROCESSING
Under 32 C.F.R. 1900.34(c)(2), a "compelling need" is deemed to exist "[w]hen the request is made by
a person primarily engaged in disseminating information and the information is relevant to a subject
of public urgency concerning an actual or alleged Federal government activity."
I am seeking expedited treatment for this request.
1. The information is relevant to a subject of public urgency concerning an actual or alleged Federal
government activity.
Pulitzer Prize winning reporter James Risen is currently facing jail time as a result of a information he
published a decade ago in his book, State of War, which was allegedly based on leaked information
from the CIA. The investigation and subsequent investigations has a direct impact on the
newsgathering process as potential sources of information may be unwilling to speak about potential
wrongdoing for fear they will be investigated and prosecuted.
2. I am primarily engaged in disseminating information to inform the public about the federal
government's activities.
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3. Certification pursuant to 32 C.F.R. 1900.34(c) I certify the foregoing to be true and correct to the
best of my knowledge and belief, and that a compelling need exists for the requested records.
Jason Leopold
INSTRUCTIONS REGARDING SEARCH
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;
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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 (MT) 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 may not be aware.
5. Request regarding Photographs and other Visual Materials:
I request that any photographs or other visual materials responsive to my request be released to me
in their original or comparable forms, quality, and resolution. For example, if a photograph was taken
digitally, or if the CIA maintains a photograph digitally, I request disclosure of the original digital
image file, not a reduced resolution version of that image file nor a printout and scan of that image
file. Likewise, if a photograph was originally taken as a color photograph, I request disclosure of that
photograph as a color image, not a black and white image. Please contact me for any clarification on
this point.
6. Request for Duplicate Pages:
I request disclosure of any and all supposedly "duplicate" pages.
Scholars analyze records not only for the information available on any given page, but also for the
relationships between that information and information on pages surrounding it. As such, though
certain pages may have been previously released to me, the existence of those pages within new
context renders them functionally new pages. As such, the only way to properly analyze released
information is to analyze that information within its proper context. Therefore, I request disclosure of
all "duplicate" pages.
7. 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).
8. Request to Search Emails:
Please search for emails relating to the subject matter of my request.
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9. 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.
10. 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.
EXEMPTIONS AND SEGREGABILITY
I call your attention to President Obama's 21 January 2009 Memorandum concerning the Freedom of
Information Act, in which he states:
All agencies should adopt a presumption in favor of disclosure, in order to renew their commitment to
the principles embodied in FOIA [....] The presumption of disclosure should be applied to all decisions
involving FOIA.
In the same Memorandum, President Obama added 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."
Finally, President Obama ordered that "The Freedom of Information Act should be administered with
a clear presumption: In the case of doubt, openness prevails."
Nonetheless, if any responsive record or portion thereof is claimed to be exempt from production,
FOIA/PA statutes provide that even if some of the requested material is properly exempt from
mandatory disclosure, all segregable portions must be released. If documents are denied in part or in
whole, please specify which exemption(s) is (are) claimed for each passage or whole document
denied. Please provide a complete itemized inventory and a detailed factual justification of total or
partial denial of documents.
Specify the number of pages in each document and the total number of pages pertaining to this
request. For "classified" material denied, please include the following information: the classification
(confidential, secret or top secret); identity of the classifier; date or event for automatic
declassification or classification review or downgrading; if applicable, identity of official authorizing
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extension of automatic declassification or review past six years; and, if applicable, the reason for
extended classification beyond six years.
In excising material, please "black out" the material rather than "white out" or "cut out." I expect, as
provided by FOIA, that the remaining non-exempt portions of documents will be released.
Please release all pages regardless of the extent of excising, even if all that remains are the stationery
headings or administrative markings.
In addition, I ask that your agency exercise its discretion to release records which may be technically
exempt, but where withholding serves no important public interest.
ADDITIONAL INSTRUCTIONS REGARDING REQUEST Please produce all records with administrative
markings and pagination included.
Please send a memo (copy to me) to the appropriate units in your office to assure that no records
related to this request are destroyed. Please advise of any destruction of records and include the date
of and authority for such destruction.
FORMAT
I request that any releases stemming from this request be provided to me in digital format (soft-copy)
on a compact disk or other like media.
Kind Regards,
Jason Leopold
Fee Waiver:
FEE CATEGORY AND REQUEST FOR A FEE WAIVER 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.
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�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.
Under 32 C.F.R. 1900.13(b), "Records will be furnished without charge or at a reduced rate whenever
the Agency determines... (2) That it is in the public interest because it is likely to contribute
significantly to the public understanding of the operations or activities of the United States
Government and is not primarily in the commercial interest of the requester."
Should my request for a fee waiver be denied, I request that I be categorized as a member of the news
media for fee purposes pursuant to 32 C.F.R.
1900.02(h)(3). According to 5 U.S.C. � 552(a)(4)(A)(ii), which codified 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. This is consistent with the
definition provided in 32 C.F.R. 1900.02(h)(3) 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. 514298 (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 CIA's regulations list six factors which the agency must consider in assessing whether a requester
is entitled to a fee waiver: "(i) Whether the subject of the request concerns the operations or activities
of the United States Government; and, if so, (ii) Whether the disclosure of the requested documents is
likely to contribute to an understanding of United States Government operations or activities; and, if
so, (iii) Whether the disclosure of the requested documents will contribute to public understanding of
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United States Government operations or activities; and, if so, (iv) Whether the disclosure of the
requested documents is likely to contribute significantly to public understanding of United States
Government operations and activities; and (v) Whether the requester has a commercial interest that
would be furthered by the requested disclosure; and, if so, (vi) Whether the disclosure is primarily in
the commercial interest of the requester." 32 C.F.R. 1900.13(b)(2). Because the disclosure of the
requested documents would contribute significantly to public understanding of United States
Government operations and activities and I do not have a commercial interest in the requested
disclosure, my request for a fee waiver must be granted.
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 the investigation of news sources and scrutiny of the news
media.
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 attempts to chill the news gathering process.
The overwhelming preponderance of records I need to conduct my study 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) I firmly intend to analyze the requested records in order to facilitate significant expansion of public
understanding of government operations. lam well qualified to perform this analysis.
As explained herein in more detail, the audience likely to be interested in the subject is broad, and
includes, 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.
I firmly intend to analyze the requested records in order to facilitate significant expansion of public
understanding of government operations. I am well qualified to perform this analysis.
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I am an investigative reporter covering a wide-range of issues, including Guantanamo, national
security, counterterrorism, civil liberties, human rights, and open government. I am a regular
contributor to Al Jazeera America, The Guardian and VICE News and editor-at-large for The Public
Record. Additionally, my reporting has been published in the The Wall Street Journal, The Financial
Times, Salon, CBS Marketwatch, The Los Angeles Times, The Nation, Truthout, Al Jazeera English and
numerous other domestic and international publications.
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 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.
As should be clear from the above, I have the ability and firm intention to disseminate to the public
significant expansions of understanding of government operations based on my analysis of the
requested disclosures.
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