department of education

To Whom It May Concern:

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

To Whom It May Concern:

Under the Freedom of Information Act (5 U.S.C. § 552), I request access to and copies of all available emails, calendar entries, and other relevant records for the period covering January 20, 2017, to January 20, 2021, for the following individuals within the Department of Education. Please search records held within the Office of the Secretary, Office for Civil Rights, Federal Student Aid, and Office of Communications and Outreach, as well as any associated archives including electronic communication servers and backup storage.

1. Mckenzie Snow, Special Assistant, Office of the Secretary
2. Mitchell Zais, Deputy Secretary of Education, Office of the Secretary
3. Nathan Bailey, Chief of Staff, Office of the Secretary
4. Lee-Douglass Simmons, Deputy Chief of Staff for Operations, Office of the Secretary
5. Thomas Andrew Wilson, Director, White House Liaison, Office of the Secretary
6. Robert Scott Eitel, Senior Advisor, Office of the Secretary
7. Allen Ernst, Special Assistant, Office of the Secretary
8. Nathaniel Breeding, Special Assistant, Office of the Secretary
9. Sarah Delahunty, Special Assistant, Office of the Secretary
10. Jessica Newman, Special Assistant, Office of the Secretary
11. Cecilia Ines Martinez, Special Assistant, Office of the Secretary
12. Noah Mitchell, Confidential Assistant for Policy, Office of the Secretary
13. Kendyl Willox, Confidential Assistant, Office of the Secretary
14. Matthew Ide, Confidential Assistant, Office of the Secretary
15. Alexandra Pena, Confidential Assistant, Office of the Secretary
16. Jude Al-Hmoud, Confidential Assistant, Office of the Secretary
17. Rebekah Clark, Confidential Assistant, Office of the Secretary
18. James Rogers, Confidential Assistant, Office of the Secretary
19. Kara Neumann, Confidential Assistant, Office of the Secretary
20. Kenneth L Marcus, Assistant Secretary for Civil Rights, Office for Civil Rights
21. Mark Brown, Chief Operating Officer, Federal Student Aid
22. Marjorie Kilgannon, Director, Center for Faith and Opportunity Initiatives, Office of Communications and Outreach
23. Christopher Rinkus, Deputy Assistant Secretary for Evidence-Based Research, Office of Elementary and Secondary Education

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

In the event that any portions of the requested records are exempt from release, please provide all reasonably segregable non-exempt portions of the records. Please provide a detailed justification for any redaction made under claim of exemption.

Please 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 for considering my request.

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,

Trevor Davis

Response to Request for Clarification

Date: May 3 2024

To Whom It May Concern:

Thank you for your previous communication regarding my Freedom of Information Act request dated [Insert Original Request Date]. I appreciate your guidance in refining this request and acknowledge the need for a clear and precise scope to facilitate the search for records. However, it is important to emphasize that the breadth of this search is not arbitrary but critical, given the public's urgent need to be informed about actual or alleged federal government activities, as stated under "engaged in disseminating information," 5 U.S.C. § 552(a)(6)(E)(v)(II).

The records sought are explicitly indexed within Microsoft Office 365 and SharePoint, systems renowned for their robust search capabilities. These are not undifferentiated or unindexed records that might warrant an exemption under the excessive burden standard set forth in Nation Magazine v. U.S. Customs Service. Furthermore, the specificity of these records being held in a recognized, indexed system negates any claim that they could not be located without undue burden.

Additionally, as supported by S. Yuba River Citizens League v. National Marine Fisheries Service, No. 06-2845, 2008 WL 2523819, there is a precedent for the release of records on a rolling basis. It is imperative to acknowledge that there exists an obligation to release records for which no reasonable person could claim an exclusion.

Given these points, and in order to facilitate a more efficient review and processing of my request, I respectfully ask the Department to provide an initial estimate of the number of documents responsive to my request. This data will aid in understanding the scope and scale of the records involved and clarify why there may be resistance to releasing records from the 20 Schedule C employees specified.

Should you find it helpful, I am willing to offer guidance or reference materials to assist your IT staff in utilizing Office 365 and SharePoint effectively to fulfill this request efficiently. My intention is not only to expedite the processing of this request but also to ensure that the public is promptly informed about the matters of significant public interest.

Please keep me informed of any potential charges associated with processing this request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.

Thank you once again for your attention and assistance. I look forward to your prompt and favorable response, in compliance with the urgencies and obligations outlined under FOIA.

Sincerely,
Trevor Davis

Response to Request for Clarification
Trevor Davis
24-01956-F

Date: May 3 2024

To Whom It May Concern:

Thank you for your previous communication regarding my Freedom of Information Act request dated 05/01/24]. I appreciate your guidance in refining this request and acknowledge the need for a clear and precise scope to facilitate the search for records. However, it is important to emphasize that the breadth of this search is not arbitrary but critical, given the public's urgent need to be informed about actual or alleged federal government activities, as stated under "engaged in disseminating information," 5 U.S.C. § 552(a)(6)(E)(v)(II).

The records sought are explicitly indexed within Microsoft Office 365 and SharePoint, systems renowned for their robust search capabilities. These are not undifferentiated or unindexed records that might warrant an exemption under the excessive burden standard set forth in Nation Magazine v. U.S. Customs Service. Furthermore, the specificity of these records being held in a recognized, indexed system negates any claim that they could not be located without undue burden.

Additionally, as supported by S. Yuba River Citizens League v. National Marine Fisheries Service, No. 06-2845, 2008 WL 2523819, there is a precedent for the release of records on a rolling basis. It is imperative to acknowledge that there exists an obligation to release records for which no reasonable person could claim an exclusion.

Given these points, and in order to facilitate a more efficient review and processing of my request, I respectfully ask the Department to provide an initial estimate of the number of documents responsive to my request. This data will aid in understanding the scope and scale of the records involved and clarify why there may be resistance to releasing records from the 20 Schedule C employees specified.

Should you find it helpful, I am willing to offer guidance or reference materials to assist your IT staff in utilizing Office 365 and SharePoint effectively to fulfill this request efficiently. My intention is not only to expedite the processing of this request but also to ensure that the public is promptly informed about the matters of significant public interest.

Please keep me informed of any potential charges associated with processing this request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.

Thank you once again for your attention and assistance. I look forward to your prompt and favorable response, in compliance with the urgencies and obligations outlined under FOIA.

Sincerely,
Trevor Davis

Asking for subject lines presupposes that I have the documents already, which is on its face an excessive burden. Please fulfill the request as described.

Please release these records.