Ducks at CIA
| Tracking # |
F-2018-00626 |
| Submitted | Dec. 19, 2017 |
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Communications
From: Emma Best
To Whom It May Concern:
This is a request under the Freedom of Information Act. I hereby request the following records:
Records relating to or mentioning ducks on CIA property, ducks nesting at CIA headquarters, the care of any ducks by CIA, the construction of a duck pond or other habitat for the ducks, the hatching of ducklings on CIA property and the deaths of the ducklings as previously disclosed in the attached declassified CIA documents, in addition to documents CIA-RDP87-00352R000100040002-2 and CIA-RDP87-00352R000100040004-0, which are not attached.
I am a member of the news media and request classification as such. I have previously written about the government and its activities for AND Magazine, MuckRock and Glomar Disclosure and have an open arrangement with each. My articles have been widely read, with some reaching over 100,000 readers. As such, as I have a reasonable expectation of publication and my editorial and writing skills are well established. In addition, I discuss and comment on the files online and make them available through the non-profit Internet Archive, disseminating them to a large audience. While my research is not limited to this, a great deal of it, including this, focuses on the activities and attitudes of the government itself. As such, it is not necessary for me to demonstrate the relevance of this particular subject in advance. Additionally, case law states that “proof of the ability to disseminate the released information to a broad cross-section of the public is not required.” Judicial Watch, Inc. v. Dep’t of Justice, 365 F.3d 1108, 1126 (D.C. Cir. 2004); see Carney v. U.S. Dep’t of Justice, 19 F.3d 807, 814-15 (2d Cir. 1994). Further, courts have held that "qualified because it also had “firm” plans to “publish a number of . . . ‘document sets’” concerning United States foreign and national security policy." Under this criteria, as well, I qualify as a member of the news media. Additionally, courts have held that the news media status "focuses on the nature of the requester, not its request. The provision requires that the request be “made by” a representative of the news media. Id. § 552(a)(4)(A)(ii)(II). A newspaper reporter, for example, is a representative of the news media regardless of how much interest there is in the story for which he or she is requesting information." As such, the details of the request itself are moot for the purposes of determining the appropriate fee category. As such, my primary purpose is to inform about government activities by reporting on it and making the raw data available.
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,
Emma Best
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Dec. 19, 2017. Please let me know when I can expect to receive a response, or if further clarification is needed.
Thanks for your help, and let me know if further clarification is needed.
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Dec. 19, 2017. Please let me know when I can expect to receive a response, or if further clarification is needed.
Thanks for your help, and let me know if further clarification is needed.
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Dec. 19, 2017. Please let me know when I can expect to receive a response, or if further clarification is needed.
Thanks for your help, and let me know if further clarification is needed.
From: Emma Best
Please include in the response, but do not limit it to, materials from the press office, such as those relating to the attached article on the ducks.
From: Central Intelligence Agency
A fix is required to perfect the request.
From: Emma Best
This is acceptable. Please proceed.
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following Freedom of Information Act request, copied below, and originally submitted on Dec. 19, 2017. Please let me know when I can expect to receive a response, or if further clarification is needed. You had assigned it reference number #F-2018-00626.
Thanks for your help, and let me know if further clarification is needed.
From: Central Intelligence Agency
An interim response, stating the request is being processed.
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following Freedom of Information Act request, copied below, and originally submitted on Dec. 19, 2017. Please let me know when I can expect to receive a response, or if further clarification is needed. You had assigned it reference number #F-2018-00626.
Thanks for your help, and let me know if further clarification is needed.
From: Central Intelligence Agency
An interim response, stating the request is being processed.
From: Emma Best
Please provide me with an update on this request. Thank you.
From: Central Intelligence Agency
A copy of documents responsive to the request.
From: Emma Best
I am appealing the search's integrity, specifically including but not limited to the apparent decision to not search for pictures (based off the agency's description of the request. According to the Agency's prior correspondence (see attached) a separate request was filed for the pictures, but was closed and combined into this request. The Agency's failure to respond to F-2018-00656 as part of 2018-00626 is a clear failure to properly and fully search for records according to the explicit terms negotiated, in writing, with the Agency.
From: Central Intelligence Agency
A letter stating that the request appeal has been received and is being processed.
From: Central Intelligence Agency
A letter stating that the request appeal has been rejected.
