January 6th Insurrection, Pre-Intelligence Knowledge, and Post-Event Analysis

To Whom It May Concern:

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

I request access to and copies of records, documents, and intelligence related to the insurrection at the United States Capitol on January 6, 2021. The events of January 6th were an unprecedented attack on the U.S. Capitol, resulting in multiple deaths, injuries, and significant damage to the Capitol building. This incident has generated significant public interest and raised questions about national security, law enforcement response, and the role of extremist groups in planning and executing the attack.

Specifically, I am interested in the following information:

Pre-intelligence knowledge: Records and communications that detail any information the FBI had prior to January 6, 2021, regarding potential threats, plans, or coordination related to the insurrection.
Planning, coordination, and execution: Records that detail the planning, coordination, and execution of the event.
Investigations and prosecutions: Records related to any investigations and prosecutions that have resulted from the insurrection.
Post-event information: Records and analysis of the insurrection's impact on national security, law enforcement response, lessons learned, and any related policy changes or recommendations.
Please include any information obtained through cross-references, ELSUR (Electronic Surveillance) records, and interagency communications. Additionally, I request a search for records containing the following keywords: "January 6th," "Capitol," "insurrection," "riot," "protest," "QAnon," "Proud Boys," "Oath Keepers," and any other terms relevant to the event.

The FOIA statute and subsequent case law support the public's right to access these records. In Department of Justice v. Reporters Committee for Freedom of the Press, 489 U.S. 749 (1989), the Supreme Court recognized that the purpose of the FOIA is to "open agency action to the light of public scrutiny." Furthermore, in Environmental Protection Agency v. Mink, 410 U.S. 73 (1973), the Court emphasized that FOIA "mandates a policy of broad disclosure of government documents."

If any portion of this request is denied or exempt from disclosure, please cite the specific exemption and provide an index of the withheld or redacted records, as required by law. Be advised that any attempt to withhold, destroy, or redact information without proper justification may result in legal action to enforce compliance with the FOIA.

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

I am writing to appeal the response to my Freedom of Information Act (FOIA) request regarding Capitol Riots Pre and Post Intelligence Information (January 6, 2021), Request No.: NFP-149042. I believe that my request was reasonably described and provided enough detail for personnel to locate records with a reasonable amount of effort. I am also concerned that the response I received appears to be in bad faith.

In my initial request, I specifically requested pre and post intelligence information related to the Capitol Riots on January 6, 2021. I provided a clear time frame and subject matter, which should have allowed for the identification of responsive records. However, the response I received stated that my request did not comply with the requirements of 28 CFR § 16.3(b) and did not provide enough detail to enable personnel to locate records "with a reasonable amount of effort."

I would like to cite several court cases to support my appeal. Church of Scientology of California v. United States Department of the Army, 611 F.2d 738, 742 (9th Cir. 1979) held that the FOIA requires only that requesters "reasonably describe" the records sought. Meeropol v. Meese, 790 F.2d 942, 956 (D.C. Cir. 1986) held that agencies must construe FOIA requests liberally in favor of disclosure. Keys v. United States Department of Justice, 830 F.2d 337, 340 (D.C. Cir. 1987) held that "agency personnel are entitled to request clarification of vague or overly broad requests, and that a requester has a duty to cooperate with the agency's request for clarification."

Additionally, I would like to cite the legal principle of agency discretion, which provides that agencies must conduct their searches in good faith and with due diligence. The response I received does not appear to be in good faith, as my request was specific and clear, and should have allowed for the identification of responsive records. The FBI has a responsibility to conduct a thorough search for responsive documents, and it does not appear that a reasonable search was conducted in response to my request.

I respectfully request that you reconsider my FOIA request and conduct a more thorough search for responsive records. If you have any questions or require any further information, please do not hesitate to contact me.

Thank you for your attention to this matter.

Sincerely,

Jordan