Comprehensive Request for Records on USS Liberty Incident

January 19, 2024

National Security Agency
ATTN: FOIA Office
9800 Savage Rd., Suite 6932
Fort George G. Meade, MD 20755-6932
Email: foia@nsa.gov

Re: Freedom of Information Act Request

Dear FOIA Office,

Subject: Comprehensive Request for Records on USS Liberty Incident

Pursuant to the Freedom of Information Act (5 U.S.C. § 552), I am seeking access to specific records pertaining to the USS Liberty incident that occurred on June 8, 1967.

Request for Records:

Unreleased Signal Communications: All signal communications, including those on VHF/UHF and high-frequency bands, intercepted or recorded by the NSA on June 8, 1967, related to the USS Liberty incident that were not included in the previous release.
Withheld Information Details: Detailed specifics regarding communications or data that remain classified, including reasons for continued classification and any internal NSA discussions on the potential for declassification.
Comprehensive Incident Analyses: Any complete reports or analyses conducted by the NSA regarding the USS Liberty incident, especially those focusing on signal intelligence (SIGINT), that have not been previously released.
Legal Basis and Precedents:

Reference to Wilkinson v. FBI, 633 F. Supp. 336 (C.D. Cal. 1986), regarding the limits of Glomar responses.
Citing Department of Justice v. Reporters Committee for Freedom of the Press, 489 U.S. 749 (1989), and Department of Defense v. FLRA, 510 U.S. 487 (1994) for the necessity of detailed processing of FOIA requests.
Referencing EPA v. Mink, 410 U.S. 73 (1973), for the importance of substantive review of classified materials.
ACLU v. CIA, 710 F.3d 422 (D.C. Cir. 2013), which clarifies the limits of Glomar responses following public acknowledgment.
Fee Waiver Request:
Enclosed is a Fee Waiver Request [attach Fee_Waiver_Letter.pdf], as the information sought is for public knowledge and understanding, and not for commercial use.

Response Expectations:
A timely response within the 20-working-day statutory period as outlined in FOIA is expected. In the event of any denial or partial fulfillment, a detailed justification referencing specific FOIA exemptions is required.

Legal Preparedness:
This request is structured for use in potential legal proceedings to enforce compliance with the FOIA. Inadequate response or non-compliance may result in legal action.

Sincerely,

Jordan Lassiter

Enclosures:

Fee_Waiver_Letter.pdf