Handling of FOIA Requests and Search Programs
Tracking # |
1591522-000 A-2023-01405 |
Submitted | April 26, 2023 |
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Communications
From: Jordan Lassiter
To Whom It May Concern:
Pursuant to the Freedom of Information Act, I hereby request the following records:
Please read this request in its entirety to ensure that all requested information is provided and that no mistakes are made.
I am requesting records related to the FBI's procedures and protocols for handling FOIA requests. Specifically, I am requesting records regarding the FBI's handling of FOIA request guidelines and search programs, including keystring searches and searches used for interagency communication requests for digital memos, documents, emails, or paper documents on related subjects.
To support my request, I would like to reference the following relevant case law:
U.S. Department of Justice v. Reporters Committee for Freedom of the Press, 489 U.S. 749 (1989): This case established the fundamental purpose of FOIA as providing the public with access to information that the government may not otherwise make available.
Citizens for Responsibility and Ethics in Washington v. Department of Justice, 746 F.3d 1082 (D.C. Cir. 2014): This case held that agencies must disclose any reasonably segregable portion of a record that is not exempt from disclosure under FOIA.
Nat'l Archives & Records Admin. v. Favish, 541 U.S. 157 (2004): This case established that agencies must provide a specific and legitimate justification for withholding any requested information.
Milner v. Dep't of the Navy, 562 U.S. 562 (2011): This case held that agencies cannot withhold information under FOIA unless the requested information falls within a specific exemption.
Judicial Watch, Inc. v. U.S. Dep't of Justice, 365 F.3d 1108 (D.C. Cir. 2004): This case held that agencies must conduct an adequate search for requested information under FOIA.
I kindly request any records, including policies, procedures, manuals, and training materials, that outline the FBI's guidelines and procedures for conducting searches in response to FOIA requests. I also request any records that detail the types of search programs or techniques utilized by the FBI in its FOIA search process, including keystring searches and interagency communication requests.
Furthermore, I kindly request any records, including digital memos, documents, emails, or paper documents, related to the FBI's handling of FOIA requests and search programs. These records should include any guidance provided to FBI personnel regarding the handling of FOIA requests and the methods used to search for responsive records.
It is my understanding that the FBI has an obligation to provide the requested records unless they are exempt under FOIA. If the FBI withholds any requested records or deletes any responsive information, it must provide a detailed explanation for doing so.
I kindly request expedited processing of this request, as the information sought is of great public interest and urgency. If expedited processing is not possible, please process this request in the normal course.
Finally, if any portion of my request is denied, please provide the specific legal basis for the denial, including the FOIA exemption(s) relied upon.
If my request is denied in whole or in part, I reserve the right to file a complaint and take legal action to compel the disclosure of the requested information.
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,
Jordan Lassiter
From: Federal Bureau of Investigation
There are eFOIA files available for you to download.
From: Jordan Lassiter
Federal Bureau of Investigation
Record/Information Dissemination Section
170 Marcel Drive
Winchester, VA 22602-4843
Re: Appeal of FOIPA Request No. 1591522-000
Dear Sir/Madam,
I am writing to appeal the decision made by the Federal Bureau of Investigation (FBI) in response to my FOIPA Request No. 1591522-000, which was denied expedited processing. While I understand the denial of expedited processing, I would like to bring to your attention the fact that the FBI's search procedures and protocols used in response to my FOIPA request were inadequate and incomplete.
It is my belief that the FBI has not conducted an adequate search for responsive documents. The FBI's search must be reasonably calculated to uncover all relevant documents. However, I have reason to believe that the search conducted was not thorough and did not encompass all locations where responsive documents may exist.
The inadequacy of the search conducted by the FBI is demonstrated in the fact that no responsive documents were provided in response to my request. This leads me to believe that the search procedures and protocols used were insufficient in locating any responsive documents. As such, I request that the FBI conduct a new search for responsive documents using more comprehensive search procedures and protocols.
I also request that the FBI provide me with a detailed explanation of the search procedures and protocols used in response to my request. Additionally, I request that the FBI provide me with information regarding the locations searched for responsive documents and the search terms used to identify responsive documents.
To support my request for a more comprehensive search, I would like to refer to several court cases that have upheld the principle that government agencies must conduct a search that is reasonably calculated to uncover all relevant documents. In Tax Analysts v. United States Department of Justice, 845 F.2d 1060, 1064 (D.C. Cir. 1988), the court held that "the search must be reasonably calculated to uncover all relevant documents," and that "the failure of an agency to uncover all relevant documents can be evidence that the search was not reasonably calculated." Similarly, in Weisberg v. United States Department of Justice, 745 F.2d 1476, 1485 (D.C. Cir. 1984), the court held that the agency's search must be "reasonably calculated to uncover all relevant documents."
Therefore, I request that the FBI conduct a more comprehensive search for responsive documents, and provide me with the requested information regarding the search procedures and protocols used. I look forward to your prompt response.
Thank you for your attention to this matter.
Sincerely,
Jordan Lassiter
From: Federal Bureau of Investigation
The Office of Information Policy has received your FOIA Appeal. Please see the attached acknowledgment letter.
From: Federal Bureau of Investigation
The Office of Information Policy has made its final determination on your FOIA Appeal Number A-2023-01405 . A copy of this determination is enclosed for your review, along with any enclosures, if applicable. Thank you.
From: Federal Bureau of Investigation
There are eFOIA files available for you to download.
You can download the files at:
* [Edc94176011cda710b81961e3d6b1326fe3e2fe90_Q184903_R444329_D165239466.pdf](https://efoia.fbi.gov/download-file/submission-dc94176011cda710b81961e3d6b1326fe3e2fe90/LYReN2KRMScdIwF/Edc94176011cda710b81961e3d6b1326fe3e2fe90_Q184903_R444329_D165239466.pdf)
* Use this token to access: m5NH89dyjQeY474
* [Edc94176011cda710b81961e3d6b1326fe3e2fe90_Q184903_R444329_D165239477.pdf](https://efoia.fbi.gov/download-file/submission-dc94176011cda710b81961e3d6b1326fe3e2fe90/Z2BeJI2Xuo3jNnY/Edc94176011cda710b81961e3d6b1326fe3e2fe90_Q184903_R444329_D165239477.pdf)
* Use this token to access: 2G0DxOpcXmOVhsf
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