Seeking Evidence Supporting Finding of Fact that the Attack on the USS Liberty was "Mistaken Identity"

Dear Mr. Meadors:

Thank you for submitting your Freedom of Information Act (FOIA) request to
the National Archives and Records Administration (NARA) via email to
foia@nara.gov. We received your request on May 14, 2024. Your request
states:

I was aboard the USS Liberty when the ship was attacked by the IDF on June
8, 1967 and serve my shipmates as Historian of the USS Liberty Veterans
Association. The Report of the US Navy Court of Inquiry convened to look
into all aspects of the June 8, 1967 attack on our ship contains a Finding
of Fact claiming “Available evidence combines to indicate the attack on
LIBERTY on 8 June was in fact a case of mistaken identity.” We are
requesting to be provided with all of the “available evidence” reviewed
that supports that Finding of Fact.

Our office handles FOIA and Privacy Act requests for NARA’s operational records
(records created by this agency). Because your FOIA request is for records
that may be archival records (records created by or originated in a
different agency but that may have been transferred to the legal custody of
NARA), we are forwarding it by this email to our Office of Research
Services, Textual Reference (RR2RR) staff who handle FOIA requests for
textual archival records.

That office will assign your request a tracking number and respond directly
to you. In the future, if you need to follow up with that office directly,
please contact them at the address below, or electronically via email
(email is preferred).

National Archives and Records Administration
Research Services, Textual Reference Branch (RR2RR)
8601 Adelphi Road, Room 2400
College Park, MD 20740

Phone: 301-837-3091
Fax: 301-837-1752
Email: archives2reference@nara.gov

For your reference, a copy of your request is below.

Please visit our website at www.archives.gov/foia for further information
about making a FOIA request to NARA. On our main website,
www.archives.gov, you
can learn more about the resources we offer to the public, and you can
access our online catalog.

Sincerely,
Ashley Bryan
Government Information Specialist
Operational FOIA Division
National Archives and Records Administration
8601 Adelphi Road
College Park, Maryland, 20740-6001
301-837-3642

---------- Forwarded message ---------
From: <requests@muckrock.com>
Date: Tue, May 14, 2024 at 7:40 PM
Subject: Freedom of Information Act Request: Seeking Evidence Supporting
Finding of Fact that the Attack on the USS Liberty was "Mistaken Identity"
To: <foia@nara.gov>

Nat'l Archives & Records Admin
FOIA Office
Room 3110
8601 Adelphi Road
College Park, MD 20740

May 14, 2024

To Whom It May Concern:

Pursuant to the Freedom of Information Act, I hereby request the following
records:

I was aboard the USS Liberty when the ship was attacked by the IDF on June
8, 1967 and serve my shipmates as Historian of the USS Liberty Veterans
Association.

The Report of the US Navy Court of Inquiry convened to look into all
aspects of the June 8, 1967 attack on our ship contains a Finding of Fact
claiming “Available evidence combines to indicate the attack on LIBERTY on
8 June was in fact a case of mistaken identity.”

We are requesting to be provided with all of the “available evidence”
reviewed that supports that Finding of Fact.

The requested documents will be made available to the general public, and
this request is not being made for commercial purposes.

In the event that there are fees, I would be grateful if you would inform
me of the total charges in advance of fulfilling my request. I would prefer
the request filled electronically, by e-mail attachment if available or
CD-ROM if not.

Thank you in advance for your anticipated cooperation in this matter. I
look forward to receiving your response to this request within 20 business
days, as the statute requires.

Sincerely,

Joe Meadors

View request history, upload responsive documents, and report problems here:
https://www.muckrock.com/

If prompted for a passcode, please enter:
••••••••

Filed via MuckRock.com
E-mail (Preferred): requests@muckrock.com

PLEASE NOTE OUR NEW ADDRESS
For mailed responses, please address (see note):
MuckRock News
DEPT MR 163682
263 Huntington Ave
Boston, MA 02115

PLEASE NOTE: This request is not filed by a MuckRock staff member, but is
being sent through MuckRock by the above in order to better track, share,
and manage public records requests. Also note that improperly addressed
(i.e., with the requester's name rather than "MuckRock News" and the
department number) requests might be returned as undeliverable.

Joe Meadors

MuckRock News

DEPT MR 163682

263 Huntington Ave

Boston, MA 02115

Dear Mr. Meadors,

This is in response to your Freedom of Information Act request dated May
14, 2024, where you have requested a copy of the US Navy Court of Inquiry
into the Attack on the USS *Liberty* (AGTR 5) Your request was received by
the Reference Branch (RR2RR) on May 17, 2024 with the assigned tracking
number 24-42331.

We have searched our holdings in Record Group 38: Records of the Chief of
Naval Operations, Record Group 125: Records of the Judge Advocate General
(NAVY), and Record Group 457: Records of the National Security Agency, and
we were unable to locate the records you have requested.

In RG 38, which is where we have a section for the Naval Security Group
records, but these records are primarily relating to the cryptographic
efforts during World War II and did not include the Court of Inquiry.
There is a series that we have mentioned to you in the past Entry P 25:
Records of Attacks, Accidents and Other Topics, which has newspaper
articles/clippings about the attack, but not the Court of Inquiry.

In RG 125, in Entry P 2: Courts of Inquiries, there are a number of records
that go into the period of the 1960s and around the time of the attack on
the *Liberty*, but it does not include the Court of Inquiry on the *Liberty*.

In RG 457, in Entry A1 9002: Studies in Cryptography, there is a summary
report on the attack on the *Liberty*, but not the Court of Inquiry.

We would recommend that you either contact the Judge Advocate General
(NAVY) or the Navy’s Records Manager:

Judge Advocate General’s Corps

1322 Patterson Ave., Suite 3000

Washington Navy Yard, DC 20374-5066

Tanya Price

Department of Defense

Department of the Navy

1000 Navy Pentagon, 5E170

Washington DC 22350

tanya.price.civ@us.navy.mil
<../Letter%20Templates/tanya.price.civ@us.navy.mil>

703-693-9932

We do not consider this a denial of your FOIA request. However, if you are
not satisfied with our action on this request, your options for appeal and
dispute resolution are outlined in the attached enclosure. If you have any
questions, you may reach us at archives2reference@nara.gov. This completes
the processing of your request.

Sincerely,

NATHANIEL PATCH

Archivist, Archives II Reference Section (RR2RR)

National Archives at College Park, MD

*FOIA Appeal and Dispute Resolution Options*

You have the right to file an administrative appeal in writing via regular
U.S. mail or email. Your appeal should be received within ninety (90)
calendar days from the date of this letter and it should explain why you
believe this response does not meet the requirements of the Freedom of
Information Act. Please address it to the Deputy Archivist of the United
States (ND), National Archives and Records Administration, 8601 Adelphi
Road, College Park, Maryland 20740. Both the letter and the envelope
should be clearly marked “Freedom of Information Act Appeal.” You may also
submit your appeal to FOIA@nara.gov also addressed to the Deputy Archivist.
All correspondence should reference your internal case tracking
number 24-42331.

In addition to your right to file an administrative appeal with the Deputy
Archivist, you may seek assistance from our FOIA Public Liaison, Rebecca
Calcagno. Contact information for the FOIA Public Liaison at the National
Archives, Washington DC area is as follows:

Accessioned Executive Branch Agency Records - Washington, DC Area
FOIA Public Liaison: Rebecca Calcagno
8601 Adelphi Road, Room 5500
College Park, MD 20740-6001
Email: DC.foia.liaison@nara.gov
Telephone: 301-837-3190

You may also contact the Office of Government Information Services (OGIS),
the Federal FOIA Ombudsman’s office, for assistance. OGIS offers mediation
services to help resolve disputes between FOIA requesters and Federal
agencies. The contact information for OGIS is:
Office of Government Information Services
National Archives and Records Administration
8601 Adelphi Road–OGIS
College Park, MD 20740-6001
Email: ogis@nara.gov
https://www.archives.gov/ogis
<https://www.archives.gov/ogis>
Phone: 202-741-5770 or 1-877-684-6448

NATHANIEL PATCH
Archivist, Archives II Reference Branch (RR2RR)
National Archives at College Park, MD
"Pax per scientiam"

Original Request:

Nat'l Archives & Records Admin
FOIA Office
Room 3110
8601 Adelphi Road
College Park, MD 20740

May 14, 2024

To Whom It May Concern:

Pursuant to the Freedom of Information Act, I hereby request the following
records:

I was aboard the USS Liberty when the ship was attacked by the IDF on June
8, 1967 and serve my shipmates as Historian of the USS Liberty Veterans
Association.

The Report of the US Navy Court of Inquiry convened to look into all
aspects of the June 8, 1967 attack on our ship contains a Finding of Fact
claiming “Available evidence combines to indicate the attack on LIBERTY on
8 June was in fact a case of mistaken identity.”

We are requesting to be provided with all of the “available evidence”
reviewed that supports that Finding of Fact.

The requested documents will be made available to the general public, and
this request is not being made for commercial purposes.

In the event that there are fees, I would be grateful if you would inform
me of the total charges in advance of fulfilling my request. I would prefer
the request filled electronically, by e-mail attachment if available or
CD-ROM if not.

Thank you in advance for your anticipated cooperation in this matter. I
look forward to receiving your response to this request within 20 business
days, as the statute requires.

Sincerely,

Joe Meadors

View request history, upload responsive documents, and report problems here:
https://www.muckrock.com/

If prompted for a passcode, please enter:
••••••••

Filed via MuckRock.com
E-mail (Preferred): requests@muckrock.com

PLEASE NOTE OUR NEW ADDRESS
For mailed responses, please address (see note):
MuckRock News
DEPT MR 163682
263 Huntington Ave
Boston, MA 02115

PLEASE NOTE: This request is not filed by a MuckRock staff member, but is
being sent through MuckRock by the above in order to better track, share,
and manage public records requests. Also note that improperly addressed
(i.e., with the requester's name rather than "MuckRock News" and the
department number) requests might be returned as undeliverable.