NARA 23 -I. Muckrock. Unauthorized Dispositions Excel Spreadsheet

December 27, 2023

FOIA Officer
National Archives and Records Administration 8601 Adelphi Road, Room 3110
College Park, MD 20740 By Fax: (301) 837-0293
By E-mail: foia@nara.gov
Via Muckrock.com

Copy to 'archivistoftheunitedstates@nara.gov'

Subject: Expedited FOIA Request NARA 23 -I. Muckrock. Unauthorized Dispositions Excel Spreadsheet

***This Request will be timely for Judicial Review in twenty working days***

I am submitting this request under the Freedom of Information Act (“FOIA”), 5 U.S.C. § 552 et seq., as amended. If you deny all or any part of this request, please cite each specific exemption you think justifies your decision not to release the information and notify me of appeal procedures available under the law. References cited below apply.

RECORDS SOUGHT VIA FOIA.

Expedited FOIA Request NARA 23 -I. Muckrock. Unauthorized Dispositions Excel Spreadsheet See PDF.

1. A copy of the NARA Unauthorized Disposition of Federal Records case tracking document for open cases or cases closed from October 1, 2016 to present as it exists at the time of my FOIA request and as cited on the NARA website https://www.archives.gov/records-mgmt/resources/unauthorizeddispositionoffederalrecords
a. NARA posts a similar document in downloadable “spreadsheet” format for cases closed prior to October 1, 2016 on that same website but does not offer this for open cases or cases closed after October 1, 2016.
b. I am seeking all metadata associated with the spreadsheet as is the case for the posted spreadsheet of cases closed prior to October 1, 2016. That spreadsheet was last modified on 5/22/2018 by Karyn Skevakis for example.
c. The spreadsheet must be unlocked and allow for recovery of previous version. (version history)

2. Government misconduct is alleged. There can be no redaction of the “spreadsheet info.”

3. The Agency copy of this FOIA Request this FOIA request itself is an agency record, “received by an agency of the United States Government under Federal law or in connection with the transaction of public business” 44 U.S.C. § 3301 (emphasis supplied).

The definition of “records” includes:
“[A]ill books, papers, maps, photographs, machine readable materials, or other documentary materials, regardless of physical form or characteristics, made or received by an agency of the United States Government under Federal law or in connection with the transaction of public business and preserved or appropriate for preservation by that agency or its legitimate successor as evidence of the organization, functions, policies, decisions, procedures, operations, or other activities of the Government or because of the informational value of data in them.” 44 U.S.C. § 3301 (emphasis supplied).

REQUESTED FORMAT.

I am also seeking records in their native Excel format accompanied by a ADA accessible PDF files via Muckrock.com, including: (1) a signed and dated cover letter (citing my personally assigned requester control number); (2) with record page count for all records released records, (3) a copy of this request in your reply. I seek records via email in PDF format with an imbedded copy of my requests to (1) impede the agency from not addressing the FOIA Request; (2) impede the Agency from not providing the documents stated in the Agency’s letter reply, and (3) make it obvious in any subsequent review what the Agency has or has not done.

Under the terms of the E-FOIA Amendments of 1996, Section 5, if a document exists in electronic format, it must be released in that format upon request.

This request is distinctly separate from any other. Please do not combine this request with any other request in your reply. I am requesting that each element of the records sought be specifically addressed in the reply.

In all correspondence, return a copy of my FOIA request, cite my personal request number, and cite records sought.

FEE WAIVER/ PUBLIC INTEREST/PUBLIC RELEASE.

Notwithstanding my agreement to pay fees below if my fee waiver is denied, I am seeking a fee waiver due to significant public interest in this information. The subject of the requested records concerns "the operations or activities of the government.” The disclosure is "likely to contribute" to an understanding of government operations or activities. There is no commercial interest. There is significant public interest.

AGREEMENT TO PAY FEES.

I agree to pay fees for searching or copying the records up to $25. If the fees exceed this amount, please advise me of the cost before proceeding. I do not believe that there should be any charge for providing these records, as there is public interest in government operations. I am a private individual not seeking documents for commercial use, such that the following applies: “No fees may be charged by any DoD Component if the costs of routine collection and processing of the fee are likely to equal or exceed the amount of the fee. With the exception of requesters seeking documents for a commercial use, Components shall provide the first two hours of search time, and the first one hundred pages of duplication without charge.” I would note that because I am requesting an electronic file, there should not be a per page copy fee.

The OMB Guidelines direct that searches for responsive records should be done in the "most efficient and least expensive manner." See OMB Fee Guidelines, 52 Fed. Reg. at 10,017. As an “all others” requester, I may only be assessed search and duplication fees and not fees for review. See 32 CFR 286.12 - Schedule of fees. Also, please note that, should payment become necessary, the Coinage Act of 1965, specifically Section 31 U.S.C. 5103, entitled "Legal tender," states: " United States coins and currency (including Federal reserve notes and circulating notes of Federal reserve banks and national banks) are legal tender for all debts, public charges, taxes, and dues. Foreign gold or silver coins are not legal tender for debts.
( Pub. L. 97–258, Sept. 13, 1982, 96 Stat. 980 ; Pub. L. 97–452, §1(19), Jan. 12, 1983, 96 Stat.
2477 .)

EXPEDITED PROCESSING.

I certify to the best of my knowledge and belief that a compelling need exists for expedited processing as discussed below:

1. Records are the subject of widespread and exceptional media interest and the information sought involves possible questions about the government's integrity that affect public confidence.
2. NARA has violated its own regulation (36 CFR Part 1230) and thus the Administrative Procedures Act in failing to post all UD complaints, to initiate investigations within prescribed time frames and to timely close investigations. I have provided numerous examples to NARA leadership, including the Archivist of the United States and NARA’s OIG.
3. In requiring NARA to provide its response via Muckrock.com, all records associated with this Request, including any released will be immediately in the public domain. I may then use released information to create written public comments to open FOIA meetings.
4. Additionally, (although a private requester) I am an individual/organization primarily engaged in the dissemination of information who can prove the information is urgently needed to inform the public concerning some actual or alleged government activity. My primary activity is informing the public, which I do through a variety of means, such as open meeting public comments, blogs, etc., and I may from time to time collaborate on articles. There is extraordinary, off the charts interest in this matter and NARA’s execution. I make oral public comments at every open FOIA meeting. I have an active email distribution list of Chief FOIA Officers, FOIA professionals, FOIA advocacy groups media and interested parties. I also communicate regularly with members of Congress.
• See examples below.

- Public Comments Submitted to the Chief FOIA Officers Council
https://www.archives.gov/ogis/about-ogis/chief-foia-officers-council

- Public Comments Submitted to the FOIA Advisory Committee | National Archives https://www.archives.gov/ogis/foia-advisory-committee/public- comments

- OGIS Annual Open Meeting Public comments
https://www.archives.gov/ogis/outreach-events/annual-open-meeting

- Document Cloud. Org https://www.documentcloud.org/app?q=%2Buser%3Arobert-hammond- 106693%20 (e.g., “Sample FOIA Template With Recent Developments to Combat Agency Misconduct.”)
NARA must evaluate all my public comments (which NARA has) along with my methods of dissemination and state that it has done so in any denial of expedited processing.
• The subject of the requested records concerns government operations and activities.
• Government misconduct is apparent The definition of “records” includes:
• “[A]ill books, papers, maps, photographs, machine readable materials, or other documentary materials, regardless of physical form or characteristics, made or received by an agency of the United States Government under Federal law or in connection with the transaction of public business and preserved or appropriate for preservation by that agency or its legitimate successor as evidence of the organization, functions, policies, decisions, procedures, operations, or other activities of the Government or because of the informational value of data in them.” 44 U.S.C. § 3301 (emphasis supplied).
• The disclosure is likely to contribute to understanding of these operations or activities.
• Disclosure will likely result in public understanding of the subject.
• The contribution to public understanding of government operations or activities will be significant.
• The requester has no commercial interest.
• The public interest in disclosure is great.
• I use “editorial skills to turn the raw materials into a distinct work.”
• My work is distributed by email to an audience of FOIA professionals, media, and interested parties with frequent active distribution.

5. I am seeking expedited processing due to eminent substantial loss of due process rights in connection with mediation and potential litigation of requests and appeals where I have submitted complaints of unauthorized dispositions.

ESTIMATED COMPLETION DATES

Provide me with the initial estimated completion date (ESD) for this matter along with contemporaneous adjusted ESDs as they change.
• Subsection (a)(7)(B) of the FOIA also requires agencies to establish a phone number or an Internet site that will provide information to the requester "using the assigned tracking number." The information required to be provided to the requester includes: (1) the date the request was received by the agency and (2) an estimated date by which the agency will finish processing the request.
• See Office of Government Information Services Advisory Opinion No. 2020-01: Agencies Must Provide Estimated Dates of Completion Upon Request https://www.archives.gov/ogis/advisory-opinions/2020-01-agencies-must-provide-edcs
• See also DOJ Guidance Assigning Tracking Numbers and Providing Status Information for Requests (Updated Guidance) (justice.gov) https://www.justice.gov/oip/assigning-tracking-numbers-and-providing-status-information-requests-updated-guidance.

STILL-INTERESTED PREEMPTIVE REPLY. This is a preemptive reply to the Justice Department guidelines the procedure known as a “still interested” inquiry, through which a FOIA officer can confirm that the requester has not lost interest in obtaining the documents.

My interest in all FOIA requests and appeals submitted to your office is enduring, meaning that my interest in seeking replies to all past and future FOIA request remains in effect until each request has been answered fully and the time for judicial review has passed. Please do not initiate any "still interested" inquiries. This serves as my notice of enduring interest and automatic reply to any future questions of interest by your office. There are no reasonable grounds to ever conclude in the future that I am not interested in this request.

Implementation Checklist for DOJ OIP Guidance on “Still-Interested” Inquiries
1. Ensure there are reasonable grounds to make a “still-interested” inquiry in first instance.
2. Absent good cause, do not make multiple “still-interested” inquiries.
3. Use requester’s preferred method of communication and in the absence of a preference, communicate by telephone or email as the default.
4. Memorialize any decision by a requester to withdraw a request that is conveyed by telephone by sending the requester a brief email or letter noting the withdrawal.
5. Provide requesters no less than thirty (30) working days to respond to the “still-interested” inquiry and ensure that there is a simple way to do so.
6. Advise the requester that if they elect not to respond to the inquiry, the request will be administratively closed at the conclusion of the designated time period (which must be at least 30 working days).
7. Prior to administratively closing a request based upon the lack of a response by the requester, make good faith efforts to reach out to the requester using multiple methods of communication.
8. In the event a requester responds to the “still- interested” inquiry within a reasonable time after the deadline has passed, reopen the request and place it back into the processing queue where it would have been.

PRESERVE RECORDS AND SEARCHES FOR JUDICIAL REVIEW.

Please search for, locate, and preserve all responsive or potentially responsive records and records of your searches in your FOIA case file until the statutory date for judicial review has passed (should that be necessary) or in accordance with a NARA approved records schedule, if longer. NARA GRS 4.2 requires that FOIA and Privacy Act case files be retained for 6 years after final agency action or 3 years after final adjudication by the courts, whichever is later.
Records of responsive searches would include but not be limited to: searches conducted for each specific record sought and all other records known to the Agency, including dates, manner of searching, responsible agent or employee conducting each search and the results thereof. Such persons determining the locations of responsive records must be inclusive of persons who would know such locations and their identities and manner of determining search locations must be preserved.

In any subsequent proceedings, I may seek sworn declarations and a court order appointing a special counsel, as appropriate. Similarly, I may pursue additional venues.

Any deletion of potentially responsive records by any party having knowledge of this Request may be a violation of law. In as much as applicable staff and leadership have knowledge of my subject request, the Agency must search for, locate, and preserve all responsive or potentially responsive records and records of searches in their FOIA case file, and leadership must ensure that this is done. Failing to do so and allowing records to be deleted IAW any other records management schedule may be a violation of law.

ELECTRONIC RECORDS PRESERVATION.

The Agency must preserve all electronically stored information, copies and backup, as defined by Rule 34 of the Federal Rules of Civil Procedure, along with any paper files which the Agency maintains, relevant to this action I am seeking electronic data in the Agency’s custody and control that is relevant to this action, including without limitation emails, along with metadata, and other information contained on Agency computer systems and any electronic storage systems. I consider this electronic data and paper files to be valuable and irreplaceable sources of discoverable information in this matter. No procedures should have been implemented to alter any active, deleted, or fragmented data. Moreover, no electronic data should have been disposed of or destroyed. (ETL Institute for Advancement of America’s Legal System).

Further, to properly fulfill your preservation obligation, stop all scheduled data destruction, electronic shredding, rotation of backup tapes, and the sale, gift or destruction of hardware. Notify all individuals of the need and duty to take the necessary affirmatives steps to comply with the duty to preserve evidence. (2008 Thomson Delmar Learning).

The Agency’s Director of Information Operations or similar organization must initiate procedures to preserve electronic records.

ALTERATION/DESTRUCTION OF RECORDS

Whoever knowingly alters, destroys, mutilates, conceals, covers up, falsifies, or makes a false entry in any record, document, or tangible object with the intent to impede, obstruct, or influence the investigation or proper administration of any matter within the jurisdiction of any department or agency of the United States or any case filed under title 11, or in relation to or contemplation of any such matter or case, shall be fined under this title, imprisoned not more than 20 years, or both. 18 U.S. Code § 1519 - Destruction, alteration, or falsification of records. (Added Pub. L. 107–204, title VIII, §802(a), July 30, 2002, 116 Stat. 800.).

18 U.S.C. 641 and 2071. The penalties for the unlawful or accidental removal, defacing, alteration, or destruction of Federal records or the attempt to do so, include a fine, imprisonment, or both (18 U.S.C. 641 and 2071).
36 CFR § 1230 UNLAWFUL OR ACCIDENTAL REMOVAL, DEFACING, ALTERATION, OR DESTRUCTION OF RECORDS
§1230.3
Unlawful or accidental destruction (also called unauthorized destruction) means disposal of an unscheduled or permanent record; disposal prior to the end of the NARA-approved retention period of a temporary record (other than court-ordered disposal under §1226.14(d) of this subchapter); and disposal of a record subject to a FOIA request, litigation hold, or any other hold requirement to retain the records.
APPLICABLE RETENTION SCHEDULE, NARA GRS 4.2 Item 20

020 Access and disclosure request files. Case files created in response to requests for information under the Freedom of Information Act (FOIA), Mandatory Declassification Review (MDR) process, Privacy Act (PA), Classification Challenge, and similar access programs, and completed by: • granting the request in full • granting the request in part • denying the request for any reason including: o inability to fulfill request because records do not exist o inability to fulfill request because request inadequately describes records o inability to fulfill request because search or reproduction fees are not paid Temporary. Destroy 6 years after final agency action or 3 years after final adjudication by the courts, whichever is later, but longer retention is authorized if required for business use. DAA-GRS-2016-0002-0001

32 CFR PART 286—DOD FREEDOM OF INFORMATION ACT (FOIA) PROGRAM
32 CFR §286.6 Preservation of records.
Each DoD Component shall preserve all correspondence pertaining to the requests that it receives under this part, as well as copies of all requested records, until disposition or destruction is authorized pursuant to title 44 of the United States Code or the General Records Schedule 4.2 of the National Archives and Records Administration (NARA). Records shall not be disposed of or destroyed while they are the subject of a pending request, appeal, or lawsuit under the FOIA.
36 CFR § 1230.3
Unlawful or accidental destruction (also called unauthorized destruction) means disposal of an unscheduled or permanent record; disposal prior to the end of the NARA-approved retention period of a temporary record (other than court-ordered disposal under § 1226.14(d) of this subchapter); and disposal of a record subject to a FOIA request, litigation hold, or any other hold requirement to retain the records.

RECORDS
(a) FEDERAL AGENCY NOTIFICATION.—
The head of each Federal agency shall notify the Archivist of any actual, impending, or threatened unlawful removal, defacing, alteration, corruption, deletion, erasure, or other destruction of records in the custody of the agency, and with the assistance of the Archivist shall initiate action through the Attorney General for the recovery of records the head of the Federal agency knows or has reason to believe have been unlawfully removed from that agency, or from another Federal agency whose records have been transferred to the legal custody of that Federal agency.

(b) ARCHIVIST NOTIFICATION.—
In any case in which the head of a Federal agency does not initiate an action for such recovery or other redress within a reasonable period of time after being notified of any such unlawful action described in subsection (a), or is participating in, or believed to be participating in any such unlawful action, the Archivist shall request the Attorney General to initiate such an action, and shall notify the Congress when such a request has been made.
(Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 1298; Pub. L. 98–497, title I, § 107(b)(21), title II, § 203(b), Oct. 19, 1984, 98 Stat. 2290, 2294; Pub. L. 113–187, § 4, Nov. 26, 2014, 128 Stat. 2009

IMPROPOERLY WITHHOLDING RECORDS

Pursuant to FOIA:
“Whenever the court orders the production of any agency records improperly withheld from the complainant and assesses against the United States reasonable attorney fees and other litigation costs, and the court additionally issues a written finding that the circumstances surrounding the withholding raise questions whether agency personnel acted arbitrarily or capriciously with respect to the withholding, the Special Counsel shall promptly initiate a proceeding to determine whether disciplinary action is warranted against the officer or employee who was primarily responsible for the withholding. The Special Counsel, after investigation and consideration of the evidence submitted, shall submit his findings and recommendations to the administrative authority of the agency concerned and shall send copies of the findings and recommendations to the officer or employee or his representative. The administrative authority shall take the corrective action that the Special Counsel recommends.” 5 U.S.C. § 552(a)(4)(F)(i).

PERJURY
Whoever-
(1) having taken an oath before a competent tribunal, officer, or person, in any case in which a law of the United States authorizes an oath to be administered, that he will testify, declare, depose, or certify truly, or that any written testimony, declaration, deposition, or certificate by him subscribed, is true, willfully and contrary to such oath states or subscribes any material matter which he does not believe to be true; or
(2) in any declaration, certificate, verification, or statement under penalty of perjury as permitted under section 1746 of title 28, United States Code, willfully subscribes as true any material matter which he does not believe to be true;
a. is guilty of perjury and shall, except as otherwise expressly provided by law, be fined under this title or imprisoned not more than five years, or both. This section is applicable whether the statement or subscription is made within or without the United States.
18 U.S. C. § 1621 - Perjury generally (June 25, 1948, ch. 645, 62 Stat. 773; Pub. L. 88–619, §1, Oct. 3, 1964, 78 Stat. 995 ; Pub. L. 94–550, §2, Oct. 18, 1976, 90 Stat. 2534 ; Pub. L. 103–322, title XXXIII, §330016(1)(I), Sept. 13, 1994, 108 Stat. 2147.
SUBORDINATION OF PERJURY
The term subornation of perjury further describes the circumstance wherein an attorney at law causes a client to lie under oath or allows another party to lie under oath.
Title 18 U.S.C. § 1622 provides:
Whoever procures another to commit any perjury is guilty of subornation of perjury, and shall be fined under this title or imprisoned not more than five years, or both.
FALSE OFFICIAL STATEMENTS.
18 U.S.C. § 1001. Statements or entries generally:
2. Except as otherwise provided in this section, whoever, in any matter within the jurisdiction of the executive, legislative, or judicial branch of the Government of the United States, knowingly and willfully --
a. falsifies, conceals, or covers up by any trick, scheme, or device a material fact;
b. makes any materially false, fictitious, or fraudulent statement or representation; or
c. makes or uses any false writing or document knowing the same to contain any materially false, fictitious, or fraudulent statement or entry; shall be fined under this title or imprisoned not more than 5 years, or both.
10 U.S. Code § 907. Art. 107. False official statements; false swearing:
(a) FALSE OFFICIAL STATEMENTS. Any person subject to this chapter who, with intent to deceive—
(1) signs any false record, return, regulation, order, or other official document, knowing it to be false; or
(2) makes any other false official statement knowing it to be false;

shall be punished as a court-martial may direct.”

LEGAL FRAMEWORK OF FOIA

1. The definition of “records” includes:
“[A]ill books, papers, maps, photographs, machine readable materials, or other documentary materials, regardless of physical form or characteristics, made or received by an agency of the United States Government under Federal law or in connection with the transaction of public business and preserved or appropriate for preservation by that agency or its legitimate successor as evidence of the organization, functions, policies, decisions, procedures, operations, or other activities of the Government or because of the informational value of data in them.” 44 U.S.C. § 3301 (emphasis supplied).
2. FOIA requires that “each agency, upon any request for records which (i) reasonably describes such records and (ii) is made in accordance with published rules stating the time, place, fees (if any), and procedures to be followed, shall make the records promptly available to any person” 5 U.S.C. § 552(a)(3)(A).
3. FOIA requires that “each agency shall establish a system to assign an individualized tracking number for each request received that will take longer than ten days to process and provide to each person making a request the tracking number assigned to the request” 5 U.S.C. § 522(a)(7)(A).
4. FOIA requires that each agency shall “establish a telephone line or Internet service that provides information about the status of a request to the person making the request using the assigned tracking number, including the date on which the agency originally received the request; and an estimated date on which the agency will complete action on the request. 5 U.S.C. § 522(a)(7)(B).
5. FOIA also requires federal agencies to make a final determination on FOIA administrative appeals that it receives within twenty days (excepting Saturdays, Sundays, and legal public holidays) after the receipt of such appeal, unless the agency expressly provides notice to the requester of “unusual circumstances” meriting additional time for responding to a FOIA request. 5 U.S.C. § 552(a)(6)(A)(ii).
6. FOIA expressly provides that a person shall be deemed to have constructively exhausted their administrative remedies if the agency fails to comply with the applicable time limitations provided by 5 U.S.C. § 552(a)(6)(A)(I) - (ii). See also 5 U.S.C. § 552(a)(6)(C).
7. FOIA provides that any person who has not been provided the records requested pursuant to FOIA, after exhausting their administrative remedies, may seek legal redress from the Federal District Court to enjoin the agency from withholding agency records and to order the production of any agency records improperly withheld from the complainant.
8. Regarding the names of the FOIA requesters, the courts have held that under the FOIA requesters do not have an expectation of privacy. Stauss v. IRS, 516 F. Supp. 1218, 1223 (D.D.C. 1981),
9. Under FOIA, the federal agency has the burden of sustaining its actions. 5 U.S.C.§ 552(a)(4)(B).
10. Pursuant to FOIA, a Court may assess attorney fees and litigation costs against the United States if the Plaintiff prevails in an action thereunder. 5 U.S.C. § 552(a)(4)(E).
11. Department of Justice (DOJ) has issued a handbook addressing FOIA Annual Reports. See DOJ, Handbook for Agency Annual Freedom of Information Act Reports, “Disposition of FOIA Requests,” (available at http://www.justice.gov/sites/default/files/oip/pages/attachments/2014/11/04/department_of_justice_handbook_for_agency_annual_freedom_of_information_act_reports.pdf) (“DOJ Handbook”).
12. Among other things, the DOJ Handbook states, “All requests (perfected and non-perfected), appeals, and consultations that were pending at any time during the relevant fiscal year [October 1st through September 30th] will be captured.”
13. The DOJ Handbook also states:
“[E]ach agency is ultimately responsible for the accuracy and completeness of its Annual FOIA Report. It is therefore essential for agencies to take steps that will ensure that they are adequately tracking all of the information necessary to complete the Annual FOIA Report sections detailed below. Agencies that utilize a tracking or case management system for this purpose are responsible for ensuring that the system they are using can produce an accurate Annual FOIA Report that is in compliance with the law and Department of Justice guidance.” DOJ Handbook, at 3.

I believe that I have adequately described the records that I am seeking. If you believe that my request is unclear, if you have any questions, or if there is anything else that you need from me to complete this request in a timely manner, please contact me in writing, so that I may perfect my request. If you deem that any portion of my request is unclear, answer the remaining portions and I will perfect a request for additional material as needed.

Thank you very much in advance.

With my respect,

/s/
Robert Hammond
Requester
Whistleblower

References:
(a) The Freedom of Information Act (“FOIA”), 5 U.S.C. § 552 et seq., as amended,
(b) Joint publication of U.S. Department of Justice, Executive Office of the President and U.S. General Services Administration of July 2011, “Your Right to Federal Records”
(c) The Privacy Act (“PA”) of 1974, 5 U.S.C. § 552a, et seq., as amended
(d) DoD 5400.11-R, May 14, 2007, Department of Defense Privacy Program
(e) DoD 5400.7-R, September 1998, DoD Freedom of Information Act (FOIA) Program
(f) DoD 6025.18-R, Jan. 24, 2003, DoD Health Information Privacy Regulation
(g) GAO Report GAO-12-828 of July 2012, subject Freedom of Information Act
(h) Department of Justice Handbook for Agency Annual Freedom of Information Act Reports
(i) Administrative Instruction 106, “Alternative Dispute Resolution (ADR) Program,” January 30, 2014
(j) DoD Directive 5145.01, “General Counsel of the Department of Defense (GC DoD),” December 2, 2013, as amended
(k) DoD Directive 5145.04, “Defense Legal Services Agency (DLSA),” April 16, 2012
(l) DoD Directive 5400.11, “DoD Privacy Program,” October 29, 2014
(m) DoD Manual 8910.01, Volume 1, “DoD Information Collections Manual: Procedures for DoD Internal Information Collections,” June 30, 2014
(n) Executive Order 12988, “Civil Justice Reform,” February 5, 1996
(o) Public Law 101-552, “Administrative Dispute Resolution Act,” November 15, 1990
(p) Public Law 104–320, “Administrative Dispute Resolution Act of 1996,” October 19, 1996
(q) Presidential Memorandum for Heads of Executive Departments and Agencies, “Designation of Interagency Committees to Facilitate and Encourage Agency Use of Alternate Means of Dispute Resolution and Negotiated Rulemaking,” May 1, 1998
(r) United States Code, Title 5
(s) DoD Instruction 5145.05, “Alternative Dispute Resolution (ADR) and Conflict Management”
(t) Alternate Dispute Resolution Handbook (opm.gov/policy-data-oversight/employee-relations/employee-rights-appeals/alternative-dispute-resolution/handbook.pdf)
(u) President Obama's FOIA Memorandum and Attorney General Holder's FOIA Guidelines (justice.gov/sites/default/files/oip/legacy/2014/07/23/foia-memorandum.pdf)

Gary Stern (NARA FOIA Officer and FOIA Public Liaison (FPL) ;

I am seeking immediate written FPL dispute resolution of NARA's denial of my request for expedited processing. I want NARA to respond in detail to every element of my request in totality. This is required and it will preclude NARA from changing its basis for denial later.

From: perseverance2013@aol.com <perseverance2013@aol.com>
Sent: Wednesday, January 10, 2024 7:38 PM
To: 'OIP.ComplianceInquiry@usdoj.gov' <OIP.ComplianceInquiry@usdoj.gov>; 'bobak.Talebian@usdoj.gov' <bobak.Talebian@usdoj.gov>; 'Lindsay.Steel@usdoj.gov' <Lindsay.Steel@usdoj.gov>; 'Vanita.Gupta19@usdoj.gov' <Vanita.Gupta19@usdoj.gov>
Cc: 'archivistoftheunitedstates@nara.gov' <archivistoftheunitedstates@nara.gov>; 'william.bosanko@nara.gov' <william.bosanko@nara.gov>; 'micah.cheatham@nara.gov' <micah.cheatham@nara.gov>; 'garym.stern@nara.gov' <garym.stern@nara.gov>; 'pamela.wright@nara.gov' <pamela.wright@nara.gov>; 'erica.pearson@nara.gov' <erica.pearson@nara.gov>; 'valorie.findlater@nara.gov' <valorie.findlater@nara.gov>; 'Colleen.Murphy@nara.gov' <Colleen.Murphy@nara.gov>; 'sheena.burrell@nara.gov' <sheena.burrell@nara.gov>; 'john.hamilton@nara.gov' <john.hamilton@nara.gov>; 'jay.trainer@nara.gov' <jay.trainer@nara.gov>; 'susan.donius@nara.gov' <susan.donius@nara.gov>; 'chris.naylor@nara.gov' <chris.naylor@nara.gov>; 'mark.smith@nara.gov' <mark.smith@nara.gov>; 'oliver.potts@nara.gov' <oliver.potts@nara.gov>; 'amon.nevils@nara.gov' <amon.nevils@nara.gov>; 'laurence.brewer@nara.gov' <laurence.brewer@nara.gov>; 'john.valceanu@nara.gov' <john.valceanu@nara.gov>; 'tasha.ford@nara.gov' <tasha.ford@nara.gov>; 'brett.baker@nara.gov' <brett.baker@nara.gov>; 'meg.phillips@nara.gov' <meg.phillips@nara.gov>; 'christopher.eck@nara.gov' <christopher.eck@nara.gov>; 'mark.bradley@nara.gov' <mark.bradley@nara.gov>; 'alina.semo@nara.gov' <alina.semo@nara.gov>; 'christopher.pinkney@nara.gov' <christopher.pinkney@nara.gov>; 'william.fischer@nara.gov' <william.fischer@nara.gov>; 'scott.levins@nara.gov' <scott.levins@nara.gov>; 'allison.olson@nara.gov' <allison.olson@nara.gov>; 'richard.hunt@nara.gov' <richard.hunt@nara.gov>; 'kara.blond@nara.gov' <kara.blond@nara.gov>; 'stephanie.bogan@nara.gov' <stephanie.bogan@nara.gov>; 'john.simms@nara.gov' <john.simms@nara.gov>; 'john.valceanu@nara.gov' <john.valceanu@nara.gov>; 'ovnelle.millwood@nara.gov' <ovnelle.millwood@nara.gov>; 'ellis.brachman@nara.gov' <ellis.brachman@nara.gov>; 'martha.murphy@nara.gov' <martha.murphy@nara.gov>; 'sheela.portonovo@nara.gov' <sheela.portonovo@nara.gov>; 'carrie.mcguire@nara.gov' <carrie.mcguire@nara.gov>; 'kirsten.mitchell@nara.gov' <kirsten.mitchell@nara.gov>; 'teresa.brady@nara.gov' <teresa.brady@nara.gov>; 'dwaine.bacon@nara.gov' <dwaine.bacon@nara.gov>; 'jessica.hartman@nara.gov' <jessica.hartman@nara.gov>; 'daniel.levenson@nara.gov' <daniel.levenson@nara.gov>; 'kimberlee.ried@nara.gov' <kimberlee.ried@nara.gov>; 'FOIA' <foia@nara.gov>; 'ngc.foia.liaison@nara.gov' <ngc.foia.liaison@nara.gov>; 'ogis@nara.gov' <ogis@nara.gov>; 'alina.semo@nara.gov' <alina.semo@nara.gov>; 'execsec@nara.gov' <execsec@nara.gov>; 'Duffey.Dylan@epa.gov' <Duffey.Dylan@epa.gov>; 'perseverance2013@aol.com' <perseverance2013@aol.com>
Subject: DOJ OIP Compliance Inquiry NARA NGC24-115. My FOIA Request NARA 23 -I. Muckrock. Unauthorized Dispositions Excel Spreadsheet

Robert Hammond
Perseverance2013@aol.com

January 10, 2024

Office of Information Policy (OIP)
U.S. Department of Justice
6th Floor
441 G St. NW
Washington DC 20530
OIP.ComplianceInquiry@usdoj.gov; bobak.Talebian@usdoj.gov; Lindsay.Steel@usdoj.gov

Subject: DOJ OIP Compliance Inquiry NARA NGC24-115

Mr. Talebian, Ms. Steel DOJ OIP Compliance Inquiry Staff,
Please provide me with the individualized DOJ OIP compliance Inquiry tracking number for this complaint. Please address all complaints and sub-paragraphs alleging violations of the FOIA statute, DOJ FOIA policy, and multiple federal statutes and policies, which are not exempt from FOIA.
Notwithstanding my January 9, 2024 request for FPL dispute resolution, and/or any subsequent request for OGIS mediation and/or appeal or NARA responses thereto, my compliance inquiry is a separate, non-exclusive right under the FOIA.
Please provide your closure letter affirming these violations to Ms. Colleen Shogan, Archivist of the United States (archivistoftheunitedstates@nara.gov).
Notice to DOJ OIP.
A copy of this DOJ OIP compliance inquiry will be placed into the public domain at https://www.muckrock.com/foi/united-states-of-america-10/nara-23-i-muckrock-unauthorized-dispositions-excel-spreadsheet-156358/. All records are located there. I will also post any follow-up emails regarding this compliance inquiry and any DOJ OIP compliance inquiry response. DOJ OIP routinely fails to address compliance inquiries.
In any subsequent litigation of matters addressed herein where DOJ fails to timely and accurately address them, DOJ may be a named party for violations of the Administrative Procedures Act.
RECORDS SOUGHT [NARA NGC24-115]

Expedited FOIA Request NARA 23 -I. Muckrock. Unauthorized Dispositions Excel Spreadsheet See PDF.

1. A copy of the NARA Unauthorized Disposition of Federal Records case tracking document for open cases or cases closed from October 1, 2016 to present as it exists at the time of my FOIA request and as cited on the NARA website https://www.archives.gov/records-mgmt/resources/unauthorizeddispositionoffederalrecords
a. NARA posts a similar document in downloadable “spreadsheet” format for cases closed prior to October 1, 2016 on that same website but does not offer this for open cases or cases closed after October 1, 2016.
b. I am seeking all metadata associated with the spreadsheet as is the case for the posted spreadsheet of cases closed prior to October 1, 2016. That spreadsheet was last modified on 5/22/2018 by Karyn Skevakis for example.
c. The spreadsheet must be unlocked and allow for recovery of previous version. (version history)

2. Government misconduct is alleged. There can be no redaction of the “spreadsheet info.”

3. The Agency copy of this FOIA Request this FOIA request itself is an agency record, “received by an agency of the United States Government under Federal law or in connection with the transaction of public business” 44 U.S.C. § 3301 (emphasis supplied).

The definition of “records” includes:
“[A]ill books, papers, maps, photographs, machine readable materials, or other documentary materials, regardless of physical form or characteristics, made or received by an agency of the United States Government under Federal law or in connection with the transaction of public business and preserved or appropriate for preservation by that agency or its legitimate successor as evidence of the organization, functions, policies, decisions, procedures, operations, or other activities of the Government or because of the informational value of data in them.” 44 U.S.C. § 3301 (emphasis supplied).

ALLEGATIONS - VIOLATIONS OF LAW AND FOIA POLICY

1. False Official Statement and False FOIA Reporting – Request receipt date.
a. NARA’s January 4, 2024 request acknowledgement falsely states that “Your FOIA request, dated January 2, 2024, was received by the National Archives and Records Administration’s Office of General Counsel on the same date, via foia@nara.gov.
b. NARA’s January 8, 2024 denial of my request for expedited processing states that same thing.
c. However, my subject FOIA request was dated and delivered to NARA on Wednesday, December 27, 2023, which was not a federal holiday.
d. NARA’s false official statement will distort FOIA processing times and create a materially false record in any subsequent proceedings, including litigation.
2. Failure to address all elements of my request for expedited processing.
a. In its January 8, 2023 denial of my request for expedited processing, NARA failed to address all elements and sub-elements of my request, instead truncating it in their denial letter to create a materially inaccurate record for further proceedings, including litigation.
b. I cited four bases for expedited processing. NARA truncated my justification in the middle of basis #2 and did not address at all my basis.
c. NARA did not address at all my basis regarding eminent substantial loss of due process rights for example.
3. Failure to acknowledge my January 9, 2024 request for FPL dispute resolution with NARA’s FPL Gary Stern.

Thank you.

With my deep respect,

Robert (Bob) Hammond
Private Citizen FOIA Advocate

From: perseverance2013@aol.com <perseverance2013@aol.com>
Sent: Wednesday, January 10, 2024 7:38 PM
To: 'OIP.ComplianceInquiry@usdoj.gov' <OIP.ComplianceInquiry@usdoj.gov>; 'bobak.Talebian@usdoj.gov' <bobak.Talebian@usdoj.gov>; 'Lindsay.Steel@usdoj.gov' <Lindsay.Steel@usdoj.gov>; 'Vanita.Gupta19@usdoj.gov' <Vanita.Gupta19@usdoj.gov>
Cc: 'archivistoftheunitedstates@nara.gov' <archivistoftheunitedstates@nara.gov>; 'william.bosanko@nara.gov' <william.bosanko@nara.gov>; 'micah.cheatham@nara.gov' <micah.cheatham@nara.gov>; 'garym.stern@nara.gov' <garym.stern@nara.gov>; 'pamela.wright@nara.gov' <pamela.wright@nara.gov>; 'erica.pearson@nara.gov' <erica.pearson@nara.gov>; 'valorie.findlater@nara.gov' <valorie.findlater@nara.gov>; 'Colleen.Murphy@nara.gov' <Colleen.Murphy@nara.gov>; 'sheena.burrell@nara.gov' <sheena.burrell@nara.gov>; 'john.hamilton@nara.gov' <john.hamilton@nara.gov>; 'jay.trainer@nara.gov' <jay.trainer@nara.gov>; 'susan.donius@nara.gov' <susan.donius@nara.gov>; 'chris.naylor@nara.gov' <chris.naylor@nara.gov>; 'mark.smith@nara.gov' <mark.smith@nara.gov>; 'oliver.potts@nara.gov' <oliver.potts@nara.gov>; 'amon.nevils@nara.gov' <amon.nevils@nara.gov>; 'laurence.brewer@nara.gov' <laurence.brewer@nara.gov>; 'john.valceanu@nara.gov' <john.valceanu@nara.gov>; 'tasha.ford@nara.gov' <tasha.ford@nara.gov>; 'brett.baker@nara.gov' <brett.baker@nara.gov>; 'meg.phillips@nara.gov' <meg.phillips@nara.gov>; 'christopher.eck@nara.gov' <christopher.eck@nara.gov>; 'mark.bradley@nara.gov' <mark.bradley@nara.gov>; 'alina.semo@nara.gov' <alina.semo@nara.gov>; 'christopher.pinkney@nara.gov' <christopher.pinkney@nara.gov>; 'william.fischer@nara.gov' <william.fischer@nara.gov>; 'scott.levins@nara.gov' <scott.levins@nara.gov>; 'allison.olson@nara.gov' <allison.olson@nara.gov>; 'richard.hunt@nara.gov' <richard.hunt@nara.gov>; 'kara.blond@nara.gov' <kara.blond@nara.gov>; 'stephanie.bogan@nara.gov' <stephanie.bogan@nara.gov>; 'john.simms@nara.gov' <john.simms@nara.gov>; 'john.valceanu@nara.gov' <john.valceanu@nara.gov>; 'ovnelle.millwood@nara.gov' <ovnelle.millwood@nara.gov>; 'ellis.brachman@nara.gov' <ellis.brachman@nara.gov>; 'martha.murphy@nara.gov' <martha.murphy@nara.gov>; 'sheela.portonovo@nara.gov' <sheela.portonovo@nara.gov>; 'carrie.mcguire@nara.gov' <carrie.mcguire@nara.gov>; 'kirsten.mitchell@nara.gov' <kirsten.mitchell@nara.gov>; 'teresa.brady@nara.gov' <teresa.brady@nara.gov>; 'dwaine.bacon@nara.gov' <dwaine.bacon@nara.gov>; 'jessica.hartman@nara.gov' <jessica.hartman@nara.gov>; 'daniel.levenson@nara.gov' <daniel.levenson@nara.gov>; 'kimberlee.ried@nara.gov' <kimberlee.ried@nara.gov>; 'FOIA' <foia@nara.gov>; 'ngc.foia.liaison@nara.gov' <ngc.foia.liaison@nara.gov>; 'ogis@nara.gov' <ogis@nara.gov>; 'alina.semo@nara.gov' <alina.semo@nara.gov>; 'execsec@nara.gov' <execsec@nara.gov>; 'Duffey.Dylan@epa.gov' <Duffey.Dylan@epa.gov>; 'perseverance2013@aol.com' <perseverance2013@aol.com>
Subject: DOJ OIP Compliance Inquiry NARA NGC24-115. My FOIA Request NARA 23 -I. Muckrock. Unauthorized Dispositions Excel Spreadsheet

Robert Hammond
Perseverance2013@aol.com

January 11, 2024

Office of Information Policy (OIP)
U.S. Department of Justice
6th Floor
441 G St. NW
Washington DC 20530
OIP.ComplianceInquiry@usdoj.gov; bobak.Talebian@usdoj.gov; Lindsay.Steel@usdoj.gov

Subject: DOJ OIP Compliance Inquiry NARA NGC24-115

Mr. Talebian, Ms. Steel DOJ OIP Compliance Inquiry Staff,
Please provide me with the individualized DOJ OIP compliance Inquiry tracking number for this complaint. Please address all complaints and sub-paragraphs alleging violations of the FOIA statute, DOJ FOIA policy, and multiple federal statutes and policies, which are not exempt from FOIA.
Notwithstanding my January 9, 2024 request for FPL dispute resolution, and/or any subsequent request for OGIS mediation and/or appeal or NARA responses thereto, my compliance inquiry is a separate, non-exclusive right under the FOIA.
Please provide your closure letter affirming these violations to Ms. Colleen Shogan, Archivist of the United States (archivistoftheunitedstates@nara.gov).
Notice to DOJ OIP.
A copy of this DOJ OIP compliance inquiry will be placed into the public domain at https://www.muckrock.com/foi/united-states-of-america-10/nara-23-i-muckrock-unauthorized-dispositions-excel-spreadsheet-156358/. All records are located there. I will also post any follow-up emails regarding this compliance inquiry and any DOJ OIP compliance inquiry response. DOJ OIP routinely fails to address compliance inquiries.
In any subsequent litigation of matters addressed herein where DOJ fails to timely and accurately address them, DOJ may be a named party for violations of the Administrative Procedures Act.
RECORDS SOUGHT [NARA NGC24-115]

Expedited FOIA Request NARA 23 -I. Muckrock. Unauthorized Dispositions Excel Spreadsheet See PDF.

1. A copy of the NARA Unauthorized Disposition of Federal Records case tracking document for open cases or cases closed from October 1, 2016 to present as it exists at the time of my FOIA request and as cited on the NARA website https://www.archives.gov/records-mgmt/resources/unauthorizeddispositionoffederalrecords
a. NARA posts a similar document in downloadable “spreadsheet” format for cases closed prior to October 1, 2016 on that same website but does not offer this for open cases or cases closed after October 1, 2016.
b. I am seeking all metadata associated with the spreadsheet as is the case for the posted spreadsheet of cases closed prior to October 1, 2016. That spreadsheet was last modified on 5/22/2018 by Karyn Skevakis for example.
c. The spreadsheet must be unlocked and allow for recovery of previous version. (version history)

2. Government misconduct is alleged. There can be no redaction of the “spreadsheet info.”

3. The Agency copy of this FOIA Request this FOIA request itself is an agency record, “received by an agency of the United States Government under Federal law or in connection with the transaction of public business” 44 U.S.C. § 3301 (emphasis supplied).

The definition of “records” includes:
“[A]ill books, papers, maps, photographs, machine readable materials, or other documentary materials, regardless of physical form or characteristics, made or received by an agency of the United States Government under Federal law or in connection with the transaction of public business and preserved or appropriate for preservation by that agency or its legitimate successor as evidence of the organization, functions, policies, decisions, procedures, operations, or other activities of the Government or because of the informational value of data in them.” 44 U.S.C. § 3301 (emphasis supplied).

ALLEGATIONS - VIOLATIONS OF LAW AND FOIA POLICY

1. False Official Statement and False FOIA Reporting – Request receipt date.
a. NARA’s January 4, 2024 request acknowledgement falsely states that “Your FOIA request, dated January 2, 2024, was received by the National Archives and Records Administration’s Office of General Counsel on the same date, via foia@nara.gov.
b. NARA’s January 8, 2024 denial of my request for expedited processing states that same thing.
c. However, my subject FOIA request was dated and delivered to NARA on Wednesday, December 27, 2023, which was not a federal holiday.
d. NARA’s false official statement will distort FOIA processing times and create a materially false record in any subsequent proceedings, including litigation.
2. Failure to address all elements of my request for expedited processing.
a. In its January 8, 2023 denial of my request for expedited processing, NARA failed to address all elements and sub-elements of my request, instead truncating it in their denial letter to create a materially inaccurate record for further proceedings, including litigation.
b. I cited four bases for expedited processing. NARA truncated my justification in the middle of basis #2 and did not address at all my basis.
c. NARA did not address at all my basis regarding eminent substantial loss of due process rights for example.
3. Failure to acknowledge my January 9, 2024 request for FPL dispute resolution with NARA’s FPL Gary Stern.

Thank you.

With my deep respect,

Robert (Bob) Hammond
Private Citizen FOIA Advocate

Below and attached is one of countless Unauthorized Disposition Complaints that NARA has neither posted nor investigated.

NARA Unauthorized Disposition (UD) Complaint ICO June 8, 2023 FOIA Advisory Committee Meeting

From: perseverance2013@aol.com <perseverance2013@aol.com>
Sent: Monday, December 11, 2023 12:37 PM
To: unauthorizeddisposition@nara.gov; archivistoftheunitedstates@nara.gov; colleen.shogan@nara.gov; william.bosanko@nara.gov; john.valceanu@nara.gov; laurence.brewer@nara.gov; andrew.denham@nara.gov
Cc: jay.trainer@nara.gov; brett.baker@nara.gov; FOIAcompliance@gmail.com; perseverance2013@aol.com
Subject: NARA Unauthorized Disposition (UD) Complaint ICO June 8, 2023 FOIA Advisory Committee Meeting
Importance: High

[Best viewed as HTML. See PDF for full complaint, submitted upon information, belief, and records available to me.]

December 11, 2023

Subject: NARA Unauthorized Disposition (UD) Complaint ICO June 8, 2023 FOIA Advisory Committee Meeting

I. ALLEGATION.

“A member of the public (Robert Hammond) alleges that the Archivist of the United States and the NARA Director of Government Information Services may have destroyed FOIA Advisory Committee records of a June 8, 2023 FOIA Advisory Committee meeting, which it is mandated to have preserved under the Federal Advisory Committee Act and other laws regulations and policies :

“all panelist” chat comments as well as any direct comments to any member participating in the meeting, including OGIS support personnel and the conference moderator. This includes Committee members present at the virtual meeting. Others present or participating in the virtual meeting, including all registered participants”

Else records are at risk of actual, impending, or threatened damage, alienation, or unauthorized destruction.”

I sought the above records via FOIA to NARA (NCG23- 504) on the third day following the meeting. In its FOIA response two months later, NARA admits that they destroyed the records:

“No records were found responsive to part 1 of your request.”

See Attachment A and Attachment B

II. ACTION SOUGHT.

1. Notify NARA within 5 business days as required by 36 CFR 1230.16.a.
2. Provide me with a point of contact by return email to discuss this matter.
3. Permit me to discuss the Agency’s reply prior to deciding on this complaint to preclude the likely provision of misinformation, as has been done in the past.
4. If the records have not been destroyed, seek that the Agency provide them to you as individual records.
5. Immediately post this UD complaint to the NARA website. In violation of law NARA has refused to post UD complaints against NARA. See Attachment E.

III. UD COMPLAINT IN PUBLIC DOMAIN.

In violation of 36 CFR 1230 and the Administrative Procedures Act, NARA refuses to post and properly investigate prior complaints relating to NARA including an October 7, 2022 allegation that NARA destroyed records related to potential Hatch Act violations by the then Acting Archivist of the United States (Debra Wall) sought under FOIA (and others). NARA must demand the production to NARA of any records the agency claims it did not destroy.

This uneven application of law is particularly important given that NARA’s Unauthorized Records Disposition Unit is at the center of two criminal investigations regarding unauthorized removal/retention of Presidential records by our current and former presidents.

Therefore, I will be distributing this UD complaint widely. I may address past UD complaints where NARA has utterly failed in its responsibilities. NARA’s unauthorized records dispositions are overseen by Chief Records Officer Laurence Brewer laurence.brewer@nara.gov

IV. NARA GRS 4.2 Item 20

020 Access and disclosure request files. Case files created in response to requests for information under the Freedom of Information Act (FOIA), Mandatory Declassification Review (MDR) process, Privacy Act (PA), Classification Challenge, and similar access programs, and completed by: • granting the request in full • granting the request in part • denying the request for any reason including: o inability to fulfill request because records do not exist o inability to fulfill request because request inadequately describes records o inability to fulfill request because search or reproduction fees are not paid Temporary. Destroy 6 years after final agency action or 3 years after final adjudication by the courts, whichever is later, but longer retention is authorized if required for business use. DAA-GRS-2016-0002-0001

V. 32 CFR PART 286—DOD FREEDOM OF INFORMATION ACT (FOIA) PROGRAM
32 CFR §286.6 Preservation of records.
Each DoD Component shall preserve all correspondence pertaining to the requests that it receives under this part, as well as copies of all requested records, until disposition or destruction is authorized pursuant to title 44 of the United States Code or the General Records Schedule 4.2 of the National Archives and Records Administration (NARA). Records shall not be disposed of or destroyed while they are the subject of a pending request, appeal, or lawsuit under the FOIA.
VI. 36 CFR § 1230. UNLAWFUL OR ACCIDENTAL REMOVAL, DEFACING, ALTERATION, OR DESTRUCTION OF RECORDS
§1230.3
Unlawful or accidental destruction (also called unauthorized destruction) means disposal of an unscheduled or permanent record; disposal prior to the end of the NARA-approved retention period of a temporary record (other than court-ordered disposal under § 1226.14(d) of this subchapter); and disposal of a record subject to a FOIA request, litigation hold, or any other hold requirement to retain the records.
VII. 44 U.S. CODE § 3106 - UNLAWFUL REMOVAL, DESTRUCTION OF RECORDS
(a)FEDERAL AGENCY NOTIFICATION.—
The head of each Federal agency shall notify the Archivist of any actual, impending, or threatened unlawful removal, defacing, alteration, corruption, deletion, erasure, or other destruction of records in the custody of the agency, and with the assistance of the Archivist shall initiate action through the Attorney General for the recovery of records the head of the Federal agency knows or has reason to believe have been unlawfully removed from that agency, or from another Federal agency whose records have been transferred to the legal custody of that Federal agency.
(b)ARCHIVIST NOTIFICATION.—
In any case in which the head of a Federal agency does not initiate an action for such recovery or other redress within a reasonable period of time after being notified of any such unlawful action described in subsection (a), or is participating in, or believed to be participating in any such unlawful action, the Archivist shall request the Attorney General to initiate such an action, and shall notify the Congress when such a request has been made.
(Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 1298; Pub. L. 98–497, title I, § 107(b)(21), title II, § 203(b), Oct. 19, 1984, 98 Stat. 2290, 2294; Pub. L. 113–187, § 4, Nov. 26, 2014, 128 Stat. 2009.)

VIII. 18 U.S. Code § 1519 - Destruction, alteration, or falsification of records. (Added Pub. L. 107–204, title VIII, §802(a), July 30, 2002, 116 Stat. 800.).

Whoever knowingly alters, destroys, mutilates, conceals, covers up, falsifies, or makes a false entry in any record, document, or tangible object with the intent to impede, obstruct, or influence the investigation or proper administration of any matter within the jurisdiction of any department or agency of the United States or any case filed under title 11, or in relation to or contemplation of any such matter or case, shall be fined under this title, imprisoned not more than 20 years, or both.

IX. 18 U.S.C. 641 and 2071. The penalties for the unlawful or accidental removal, defacing, alteration, or destruction of Federal records or the attempt to do so, include a fine, imprisonment, or both (18 U.S.C. 641 and 2071).

This is submitted upon information, belief, and records available to me.

With my respect,

/s/
Robert Hammond
Whistleblower

Attachments
A. NARA FOIA Response to NGC23-540
B. Hammond FOIA Request NGC23-540
C. October 7, 2022 UD Complaint ICO Acting Archivist of the US. Hatch Act Violation Records
D. NARA UD Complaint ICO NARA’s OGIS Unlawful Deletion, Destruction of Chief FOIA Council Records
E. Unauthorized Dispositions of Federal Records _National Archives – NARA TAB

Below and attached is an email to the Archivist of the United States noting abject failure of NARA's Unauthorized Disposition Unit.

From: perseverance2013@aol.com <perseverance2013@aol.com>
Sent: Wednesday, October 11, 2023 12:12 PM
To: unauthorizeddisposition@nara.gov; archivistoftheunitedstates@nara.gov; brett.baker@nara.gov
Cc: paul.t.cygnarowicz.civ@mail.mil; joo.y.chung2.civ@mail.mil; luz.d.ortiz.civ@mail.mil; john.smith.civ@mail.mil; joseph.e.davidge.civ@mail.mil; dha.foiapublicliaison@health.mil; dha.foiaappeals@health.mil; dha.foia@mail.mil; doj.oip.foia@usdoj.gov; perseverance@aol.com; dod.foia.pa@gmail.com; foia.advocate.usa@gmail.com; foiacomplaince@gmail.com; judy.j.bizzell.civ@mail.mil; michael.malanoski.civ@mail.mil; donfoia-pa@navy.mil; patterson.robin.w.civ@us.navy.mil; toni.fuentes.civ@mail.mil; debra.wall@nara.gov; Laurence Brewer <laurence.brewer@nara.gov>
Subject: Re: Unauthorized Records Disposition Cases (UD) + FOIA. Ms. Shogan, pls reply.

Resending due to 554 6.6.0 Error sending message for delivery

On Wednesday, October 11, 2023 at 12:05:00 PM EDT, <perseverance2013@aol.com> wrote:

[View as HTML]

Dear Ms. Shogan,

Response requested.

Please preserve records for judicial review IAW the FOIA in each UD case file that I submitted.

This is to advise you that NARA may be a party to any litigation (FOIA or otherwise) where I have submitted Unauthorized Disposition UUD) complaints involving those records.

I may also soon begin placing my correspondence with NARA into the public domain for all to judge. Most of my UD cases involve FOIA, which is actionable in federal court.

In each case that I submitted, I advised NARA that the agency must produce the alleged destroyed/unaltered records and I stated that I should be give the opportunity to review any draft case closure letter to advise you of seemingly materially false statements in official proceedings by the Agency involved. NARA did not do either. Where NARA has improperly closed cases (and sent me case closure letters), I provided NARA with supplemental information documenting NARA’s errors/malfeasance.

NARA refuses to post (and investigate?) UD cases involving NARA.

I do not consider NARA UD closure letters as final actions.

Additionally, NARA has refused to respond to my simple FOIA requests seeking records related to my UD cases.

All the above implicate potential NARA violations of laws, regulations, and policy, including the Administrative Procedures Act. There may be NARA funding deficiencies contributing to poor performance as well. NARA must fund its statutory missions before embarking on pet rock excursions, no matter who wants them.

--/

Mr. Baker, NARA OIG.

I have sent you past correspondence seeking OIG audits and or investigations in certain cases.

At a minimum, a NARA OIG audit is required, which should include all my UD cases.

--/

GAO (bcc).

I may reach out to you and members of Congress regarding these UD cases which are of heightened public interest now because allegations of unauthorized removal and/or disposition of federal records by our current president and former president and vice president. There should not be a lack of trust in NARA’s UD unit, but redacted records produced pursuant to my FOIA requests seeking records of potential Hatch Act violations are alarming. At some point those case records may go into the public domain as well and be subject to FOIA litigation.

With my deep respect,

Robert (Bob) Hammond
Private Citizen FOIA Advocate

Below and attached is an example email to NARA's OIG regarding NARA's failure to post and investigate my UD complaints:

* October 7, 2022 UD Complaint ICO Acting Archivist of the US. Hatch Act Violation Record
* August 3, 2022 UD Complaint NARA OGIS Unlawful Destruction of Chief FOIA Council Records. Corrected.

From: perseverance2013@aol.com <perseverance2013@aol.com>
Sent: Tuesday, December 13, 2022 5:00 PM
To: 'Brett Baker' <brett.baker@nara.gov>
Cc: laurence.brewer@nara.gov; perseverance2013@aol.com
Subject: FW: NARA Unauthorized Disposition (UD) Complaint ICO Acting Archivist of the US. Hatch Act Violation Records.
Importance: High
Sensitivity: Confidential

Sir,

In violation of 36 CFR 1230.16 and the Administrative Procedures Act, NARA has not posted the attached October 7, 2022 UD Complaint ICO Acting Archivist of the US. Hatch Act Violation Record, nor has NARA posted the attached August 3, 2022 UD Complaint NARA OGIS Unlawful Destruction of Chief FOIA Council Records. Corrected.

Even if NARA ultimately determines that one or both complaints is unfounded, NARA must post them to the web.

Please consider this a formal OIG complaint.

With my deep respect,

Robert Hammond

From: perseverance2013@aol.com <perseverance2013@aol.com>
Sent: Friday, October 7, 2022 9:17 PM
To: UnauthorizedDisposition@nara.gov; laurence.brewer@nara.gov
Cc: perseverance2013@aol.com; brett.baker@nara.gov; Donald.Rosen@nara.gov
Subject: RE: NARA Unauthorized Disposition (UD) Complaint ICO Acting Archivist of the US. Hatch Act Violation Records.

[Best viewed as HTML]

October 7, 2022

Subject: NARA Unauthorized Disposition (UD) Complaint ICO Acting Archivist of the US. Hatch Act Violation Records

I. ALLEGATION.

“A member of the public (Robert Hammond) alleges that the Acting Archivist of the United States may have destroyed email and text FOIA records related to her involvement in potential Hatch Act violations in the 2020 federal election. Else records are at risk of actual, impending, or threatened damage, alienation, or unauthorized destruction.”

II. ACTION SOUGHT.

1. Notify NARA within 5 business days as required by 36 CFR 1230.16.a.
2. Provide me a point of contact by return email to discuss this matter.
3. Permit me to discuss the Agency’s reply prior to deciding on this complaint to preclude the likely provision of misinformation, as has been done in the past.
4. If the records have not been destroyed, seek that the Agency provide them to you as individual records.
5. A consolidated PDF file will not distinguish the individual moot determination letters and may again contain irrelevant material.
6. Should NARA fail to timely and accurately post this complaint and promptly, properly adjudicate it I may place records into the public domain.

III. IDENTIFICATION OF RECORDS.

1. Records responsive to FOIA requests NGC22-105 (my NARA 22-P.I), NGC22-106 (my NARA 22-Q.I.) and NGC22-235 (my NARA 22-P.I.A) pertain directly to Ms. Wall and she received copies of these FOIA requests.

IV. APPLICABLE RETENTION SCHEDULE, NARA GRS 4.2 Item 20

020 Access and disclosure request files. Case files created in response to requests for information under the Freedom of Information Act (FOIA), Mandatory Declassification Review (MDR) process, Privacy Act (PA), Classification Challenge, and similar access programs, and completed by: • granting the request in full • granting the request in part • denying the request for any reason including: o inability to fulfill request because records do not exist o inability to fulfill request because request inadequately describes records o inability to fulfill request because search or reproduction fees are not paid Temporary. Destroy 6 years after final agency action or 3 years after final adjudication by the courts, whichever is later, but longer retention is authorized if required for business use. DAA-GRS-2016-0002-0001

V. 32 CFR PART 286—DOD FREEDOM OF INFORMATION ACT (FOIA) PROGRAM
32 CFR §286.6 Preservation of records.
Each DoD Component shall preserve all correspondence pertaining to the requests that it receives under this part, as well as copies of all requested records, until disposition or destruction is authorized pursuant to title 44 of the United States Code or the General Records Schedule 4.2 of the National Archives and Records Administration (NARA). Records shall not be disposed of or destroyed while they are the subject of a pending request, appeal, or lawsuit under the FOIA.
VI. 36 CFR § 1230. UNLAWFUL OR ACCIDENTAL REMOVAL, DEFACING, ALTERATION, OR DESTRUCTION OF RECORDS
§1230.3
Unlawful or accidental destruction (also called unauthorized destruction) means disposal of an unscheduled or permanent record; disposal prior to the end of the NARA-approved retention period of a temporary record (other than court-ordered disposal under § 1226.14(d) of this subchapter); and disposal of a record subject to a FOIA request, litigation hold, or any other hold requirement to retain the records.
VII. 44 U.S. CODE § 3106 - UNLAWFUL REMOVAL, DESTRUCTION OF RECORDS
(a)Federal Agency Notification.—
The head of each Federal agency shall notify the Archivist of any actual, impending, or threatened unlawful removal, defacing, alteration, corruption, deletion, erasure, or other destruction of records in the custody of the agency, and with the assistance of the Archivist shall initiate action through the Attorney General for the recovery of records the head of the Federal agency knows or has reason to believe have been unlawfully removed from that agency, or from another Federal agency whose records have been transferred to the legal custody of that Federal agency.
(b)Archivist Notification.—
In any case in which the head of a Federal agency does not initiate an action for such recovery or other redress within a reasonable period of time after being notified of any such unlawful action described in subsection (a), or is participating in, or believed to be participating in any such unlawful action, the Archivist shall request the Attorney General to initiate such an action, and shall notify the Congress when such a request has been made.
(Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 1298; Pub. L. 98–497, title I, § 107(b)(21), title II, § 203(b), Oct. 19, 1984, 98 Stat. 2290, 2294; Pub. L. 113–187, § 4, Nov. 26, 2014, 128 Stat. 2009.)

VIII. 18 U.S. Code § 1519 - Destruction, alteration, or falsification of records. (Added Pub. L. 107–204, title VIII, §802(a), July 30, 2002, 116 Stat. 800.).

Whoever knowingly alters, destroys, mutilates, conceals, covers up, falsifies, or makes a false entry in any record, document, or tangible object with the intent to impede, obstruct, or influence the investigation or proper administration of any matter within the jurisdiction of any department or agency of the United States or any case filed under title 11, or in relation to or contemplation of any such matter or case, shall be fined under this title, imprisoned not more than 20 years, or both.

IX. 18 U.S.C. 641 and 2071. The penalties for the unlawful or accidental removal, defacing, alteration, or destruction of Federal records or the attempt to do so, include a fine, imprisonment, or both (18 U.S.C. 641 and 2071).

This is submitted upon information, belief, and records available to me.

With my respect,

/s/
Robert Hammond

Below and attached is an email to NARA's OIG noting NARA's UD Unit failure to post or investigate Unlawful Deletion/Destruction of Chief FOIA Council Records.
--/

From: perseverance2013@aol.com <perseverance2013@aol.com>
Sent: Tuesday, October 25, 2022 4:22 PM
To: 'Brett Baker' <brett.baker@nara.gov>; david.ferriero@nara.gov; UnauthorizedDisposition@nara.gov; laurence.brewer@nara.gov
Cc: debra.wall@nara.gov
Subject: OIG INVESTIGATAION. FW: NARA Unauthorized Disposition Complaint ICO NARA OGIS Unlawful Deletion/Destruction of Chief FOIA Council Records

Dr. Brett Baker

Please add to my original OIG complaint of this matter “abuse, or mismanagement of NARA activity” by NARA’s Unauthorized disposition unit in the disparate and unlawful handling of this case.

While I have unanswered cases more than a year old, NARA’s unauthorized disposition unit under Mr. Brewer closed this case within hours without even opening it or posting it to NARA’s unauthorized disposition web page in violation of not only standard practice/procedures but also 36 CFR 1230. NARA is required to open the case, investigate it and post all correspondence to the Web.

Please also address NARA’s failure to respond to my FOIA request

Please address all of my OIG matters accurately and straight up. Any failure to do so will intensify my interest into NARA operations.

To the extent that NARA leadership quickly resolves matters, I may withdraw complaints, FOIA requests, etc.

--/

Mr. Brewer,

OGIS unsubstantiated claim that it has preserved records (if true) does not end the matter, My claim is that OGIS improperly deleted portions of my public comments (submitted under Leona Hammond) while keeping only positive comments. NARA deleted comments about the November 17, 2021 Chief FOIA Officers Council Meeting being unlawfully held and not properly advertised (once again) in the Federal Register. There is no legal distinction between the positive comments kept praising leadership and those deleted, nor is there any basis for deleting them.

Additionally, my unanswered EXPEDITED FOIA request not only requires OGIS to produce the unedited comments, but to restore them to the You Tube Top Chat. The FOIA mandated that records be released in the manner stipulated by my FOIA request (the E-FOIA Amendments of 1996, Section 5) which among other things requires the unedited comments to be restored to You Tube Top Chat as part of the release:

Note that in addition to providing chat transcripts, I am seeking that the video owner de-select
the setting to "Disable comments," or any other impediment to allowing full public access by
anyone viewing the You Tube Video.

So my complaint is that portions of my chat comments were improperly deleted from the You Tube video Top Chat. “DOJ OIP & OGIS unlawfully deleted/destroyed portions of my public comments from You Tube Top Chat if the November 17, 2021 Chief FOIA Officers Council meeting while keeping only my positive comments. There is no legal distinction between the comments that DOJ OIP & OGIS retained praising leadership and those capriciously and arbitrarily deleted (e.g., comments that the meeting was unlawfully held.”

That is incontrovertible and must be affirmed.

Additionally per my complaint, Public Law No: 114-185 requires that records or other documents “that were made available to or prepared for or by the Council shall be made publicly available.”

NARA must;

1. Open a case and post it to the web.
2. Affirm the improper/unlawful deletion of chat comments from You Tube.
3. Keep this case open until the unedited chat comments are restored to You Tube.
4. Post all correspondence to NARA and the final closure letter to the web.

Further, in any correspondence to me, including closure letters, please include my incoming complaint to ensure that you have adequately addressed matters. I have asked to review any closure letters before they are finalized to preclude materially inaccurate closure letters. Every single closure letter has been grossly inaccurate. NARA’s actions are creating more work for everyone and may spur further action on my part.

--/

Mr. Ferriero & Ms. Wall,

These actions, taken under delegated authority of the Archivist of the United States are worthy of your personal attention. While I have offered countless times to work cooperatively with NARA, this is just another example of NARA acting improperly. This intensifies my interest in NARA’s operations. Let’s et on the same team and do great things for our nation.

Ms. Wall and Mr. Brewer, I am seeking opportunities to talk with you - completely non-attribution, not recorded or referenced in any future venue – about how we can improve cooperation going forward.

Again, to the extent that NARA leadership quickly resolves matters, I may withdraw complaints, FOIA requests, etc.

Thank you.

With my deep respect,

Robert Hammond

Submitted on presumption and believe based on records available to me.
From: perseverance2013@aol.com <perseverance2013@aol.com>
Sent: Sunday, December 12, 2021 2:44 PM
To: UnauthorizedDisposition@nara.gov; laurence.brewer@nara.gov
Subject: Unauthorized Disposition Complaint ICO NARA Expedite Processing Records of FOIA NARA-NGC-2022-000028
Importance: High

December 12, 2021

NARA Unauthorized Disposition Complaint ICO NARA Expedite Processing Records of FOIA NARA-NGC-2022-000028

I. ALLEGATIONS.

I am alleging that National Archives Administration (NARA) either unlawfully destroyed records of its expedited processing denial of FOIA NARA-NGC-2022-000028 subject to preservation in their own right and also sought under expedited FOIA request NARA-NGC-2022-000165 or made a false official statement in stating (in response to my FOIA Request NARA-NGC-2022-000165) that there are no records of said expedited processing denial of FOIA NARA-NGC-2022-000028 and unlawfully withheld records responsive to NARA-NGC-2022-000165. (ATTACHMENT A. Final Disposition Notice 2021-12-01 063020 Letter. & Attachment B. FOIA NARA 22-M Expedited Processing NARA-NGC-2022-000028)

It is impossible to issue an expedited processing denial without creating any records.

Susan Gillett issued the expedited processing denial to NARA-NGC-2022-000028. Process flow and other records related to her actions are located within FOIAonline.gov. (Attachment A - FOIAonline Correspondence..NARA-NGC-2022-000028, Attachment C - Susan Gillet and Attachment D - FOIAonline_Agency_User_Guide).

Jodi Foor processed FOIA Request NARA-NGC-2022-000165, and she stated that there were no records. Process flow and other records related to her actions are located within FOIAonline.gov. (FOIAonline Correspondence.NARA-NGC-2022-000165, Jodi Foor)

If NARA claims that records exist and have not been destroyed, NARA has made a false official statement in response to my FOIA Request NARA-NGC-2022-000165 that there are no records of said expedited processing denial of FOIA NARA-NGC-2022-000028 and NARA’s Unauthorized Disposition staff must make a ... referral to OIG regarding the false official statement and unlawful withholding of FOIA records.

Further, if NARA claims that records exist and have not been destroyed, this must be proven by NARA releasing the records pursuant to my FOIA request NARA-NGC-2022-000165, which NARA unlawfully withheld.

Any potentially recoverable records are in imminent danger of the Agency destroying them.

II. ACTION SOUGHT.

1. Notify the Agency within 5 working days.
2. Provide me a point of contact by return email to discuss this matter.
3. Permit me to discuss the Agency’s reply prior to deciding on this complaint to preclude the likely provision of misinformation, as has been done in the past.
4. If records have not been destroyed, seek that the Agency provide them to you as individual PDF files and the results of searches Note that all records sought in my FOIA request are FOIA case processing records that are required to be retained for 6+ years after the final action.
5. If NARA claims that records exist and have not been destroyed, NARA has made a false official statement in response to my FOIA Request NARA-NGC-2022-000165 that there are no records of said expedited processing denial of FOIA NARA-NGC-2022-000028 and NARA’s Unauthorized Disposition staff must make a ... referral to OIG regarding the false official statement and unlawful withholding of FOIA records.

III. IDENTIFICATION OF RECORDS.

(NARA) either unlawfully destroyed records of its expedited processing denial of FOIA NARA-NGC-2022-000028 subject to preservation in their own right and also sought under expedited FOIA request NARA-NGC-2022-000165 or made a false official statement in stating (in response to my FOIA Request NARA-NGC-2022-000165 that there are no records of said expedited processing denial of FOIA NARA-NGC-2022-000028.

RECORDS SOUGHT VIA FOIA Request NARA-NGC-2022-000165:

FOIA Request NARA 22-M Expedited Processing NARA-NGC-2022-000028.
See PDF.

I am respectfully seeking:
1. Records from 7 October 2021 to 15 October 2021 related to the NARA decision to deny expedited processing for this subject case, FOIAonline NARA-NGC-2022-000028. Records would include, but not be limited to:
a. Unredacted emails and other correspondence within the NARA FOIA Office.
b. Unredacted emails and other correspondence within the NARA Media or Public Affairs Office or similar office by any other name.
c. Unredacted emails and other correspondence between the NARA FOAI Office with any other office, including NARA’s Media or Public Affairs Office or similar office by any other name.
d. Records of reviews conducted of the subject matter of the request for expedited processing and the decision to deny expedited processing

NARA-NGC-2022-000165 Processing Records. Records of actions taken, process flow, etc., are located within FOIAonline.gov. The processor for this FOIA request was:
Jodi Foor
Deputy FOIA Officer
Office of General Counsel
National Archives and Records Administration
foia@nara.gov

NARA-NGC-2022-000028. Processing Records. Records of actions taken, process flow, etc., are located within FOIAonline.gov. The processor for this FOIA request expedited processing denial was:

SUSAN GILLETT
GOVERNMENT INFORMATION SPECIALIST
OFFICE OF GENERAL COUNSEL
NATIONAL ARCHIVES AND RECORDS ADMINISTRATION
FOIA@NARA.GOV

V. APPLICABLE RETENTION SCHEDULE, NARA GRS 4.2 Item 20

020 Access and disclosure request files. Case files created in response to requests for information under the Freedom of Information Act (FOIA), Mandatory Declassification Review (MDR) process, Privacy Act (PA), Classification Challenge, and similar access programs, and completed by: • granting the request in full • granting the request in part • denying the request for any reason including: o inability to fulfill request because records do not exist o inability to fulfill request because request inadequately describes records o inability to fulfill request because search or reproduction fees are not paid Temporary. Destroy 6 years after final agency action or 3 years after final adjudication by the courts, whichever is later, but longer retention is authorized if required for business use. DAA-GRS-2016-0002-0001

VI. 32 CFR PART 286—DOD FREEDOM OF INFORMATION ACT (FOIA) PROGRAM
32 CFR §286.6 Preservation of records.
Each DoD Component shall preserve all correspondence pertaining to the requests that it receives under this part, as well as copies of all requested records, until disposition or destruction is authorized pursuant to title 44 of the United States Code or the General Records Schedule 4.2 of the National Archives and Records Administration (NARA). Records shall not be disposed of or destroyed while they are the subject of a pending request, appeal, or lawsuit under the FOIA.
VII. 36 CFR § 1230.3
Unlawful or accidental destruction (also called unauthorized destruction) means disposal of an unscheduled or permanent record; disposal prior to the end of the NARA-approved retention period of a temporary record (other than court-ordered disposal under § 1226.14(d) of this subchapter); and disposal of a record subject to a FOIA request, litigation hold, or any other hold requirement to retain the records.
VIIII. 44 U.S. CODE § 3106 – UNLAWFUL REMOVAL, DESTRUCTION OF RECORDS
(a) FEDERAL AGENCY NOTIFICATION.—
The head of each Federal agency shall notify the Archivist of any actual, impending, or threatened unlawful removal, defacing, alteration, corruption, deletion, erasure, or other destruction of records in the custody of the agency, and with the assistance of the Archivist shall initiate action through the Attorney General for the recovery of records the head of the Federal agency knows or has reason to believe have been unlawfully removed from that agency, or from another Federal agency whose records have been transferred to the legal custody of that Federal agency.

(b) ARCHIVIST NOTIFICATION.—
In any case in which the head of a Federal agency does not initiate an action for such recovery or other redress within a reasonable period of time after being notified of any such unlawful action described in subsection (a), or is participating in, or believed to be participating in any such unlawful action, the Archivist shall request the Attorney General to initiate such an action, and shall notify the Congress when such a request has been made.
(Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 1298; Pub. L. 98–497, title I, § 107(b)(21), title II, § 203(b), Oct. 19, 1984, 98 Stat. 2290, 2294; Pub. L. 113–187, § 4, Nov. 26, 2014, 128 Stat. 2009.)

X. IMPROPOERLY WITHHOLDING RECORDS

Pursuant to FOIA:
“Whenever the court orders the production of any agency records improperly withheld from the complainant and assesses against the United States reasonable attorney fees and other litigation costs, and the court additionally issues a written finding that the circumstances surrounding the withholding raise questions whether agency personnel acted arbitrarily or capriciously with respect to the withholding, the Special Counsel shall promptly initiate a proceeding to determine whether disciplinary action is warranted against the officer or employee who was primarily responsible for the withholding. The Special Counsel, after investigation and consideration of the evidence submitted, shall submit his findings and recommendations to the administrative authority of the agency concerned and shall send copies of the findings and recommendations to the officer or employee or his representative. The administrative authority shall take the corrective action that the Special Counsel recommends.” 5 U.S.C. § 552(a)(4)(F)(i).

XI. PERJURY
Whoever-
(1) having taken an oath before a competent tribunal, officer, or person, in any case in which a law of the United States authorizes an oath to be administered, that he will testify, declare, depose, or certify truly, or that any written testimony, declaration, deposition, or certificate by him subscribed, is true, willfully and contrary to such oath states or subscribes any material matter which he does not believe to be true; or
(2) in any declaration, certificate, verification, or statement under penalty of perjury as permitted under section 1746 of title 28, United States Code, willfully subscribes as true any material matter which he does not believe to be true;
is guilty of perjury and shall, except as otherwise expressly provided by law, be fined under this title or imprisoned not more than five years, or both. This section is applicable whether the statement or subscription is made within or without the United States.
18 U.S. C. § 1621 – Perjury generally (June 25, 1948, ch. 645, 62 Stat. 773; Pub. L. 88–619, §1, Oct. 3, 1964, 78 Stat. 995 ; Pub. L. 94–550, §2, Oct. 18, 1976, 90 Stat. 2534 ; Pub. L. 103–322, title XXXIII, §330016(1)(I), Sept. 13, 1994, 108 Stat. 2147.
XII. SUBORDINATION OF PERJURY
The term subornation of perjury further describes the circumstance wherein an attorney at law causes a client to lie under oath or allows another party to lie under oath
Title 18 U.S.C. § 1622 provides:
Whoever procures another to commit any perjury is guilty of subornation of perjury, and shall be fined under this title or imprisoned not more than five years, or both.
XIII. FALSE OFFICIAL STATEMENTS.
18 U.S.C. § 1001. Statements or entries generally:
a. Except as otherwise provided in this section, whoever, in any matter within the jurisdiction of the executive, legislative, or judicial branch of the Government of the United States, knowingly and willfully –
1. falsifies, conceals, or covers up by any trick, scheme, or device a material fact;
2. makes any materially false, fictitious, or fraudulent statement or representation; or
3. makes or uses any false writing or document knowing the same to contain any materially false, fictitious, or fraudulent statement or entry; shall be fined under this title or imprisoned not more than 5 years, or both.
10 U.S. Code § 907. Art. 107. False official statements; false swearing:
(a) FALSE OFFICIAL STATEMENTS. Any person subject to this chapter who, with intent to deceive—
(1) signs any false record, return, regulation, order, or other official document, knowing it to be false; or
(2) makes any other false official statement knowing it to be false;

shall be punished as a court-martial may direct.”

This is submitted upon information, belief and records available to me.

With my respect,

/s/
Robert Hammond
Whistleblower
Attachments:
A. Final Disposition Notice 2021-12-01 063020 Letter
B. FOIA NARA 22-M Expedited Processing NARA-NGC-2022-000028
C. FOIAonline Correspondence..NARA-NGC-2022-000028, Susan Gillet
D. FOIAonline_Agency_User_Guide
E. FOIAonline Correspondence.NARA-NGC-2022-000165, Jodi Foor

NARA FOIA Public Liaison (FPL) Dispute Resolution. NARA 23 -I. MuckRock. Unauthorized Dispositions Excel Spreadsheet. NGC24-115
From: perseverance2013@aol.com <perseverance2013@aol.com>
Sent: Thursday, February 15, 2024 12:22 PM
To: 'ngc.foia.liaison@nara.gov' <ngc.foia.liaison@nara.gov>; 'Garym.Stern@nara.gov.' <Garym.Stern@nara.gov.>; 'laurence.brewer@nara.gov' <laurence.brewer@nara.gov>; 'william.bosanko@nara.gov' <william.bosanko@nara.gov>; 'bobak.Talebian@usdoj.gov' <bobak.Talebian@usdoj.gov>
Cc: 'execsec@nara.gov' <execsec@nara.gov>; 'perseverance2013@aol.com' <perseverance2013@aol.com>; 'FOIA' <foia@nara.gov>; 'OIP.ComplianceInquiry@usdoj.gov' <OIP.ComplianceInquiry@usdoj.gov>; 'Vanita.Gupta19@usdoj.gov' <Vanita.Gupta19@usdoj.gov>; 'MuckRock' <info@muckrock.com>
Subject: NARA FOIA Public Liaison (FPL) Dispute Resolution. NARA 23 -I. MuckRock. Unauthorized Dispositions Excel Spreadsheet. NGC24-115
Mr. Stern (NARA FPL) and Mr. Brewer (NARA Chief Records Officer):
This is in furtherance to my January 9, 2024 request for FPL dispute resolution of my December 27, 2023 FOIA request NARA 23 -I. MuckRock. Unauthorized Dispositions Excel Spreadsheet, NGC24-115, which is in the public domain at NARA 23 -I. Muckrock. Unauthorized Dispositions Excel Spreadsheet • MuckRock https://www.muckrock.com/foi/united-states-of-america-10/nara-23-i-muckrock-unauthorized-dispositions-excel-spreadsheet-156358/ .
RECORDS SOUGHT VIA FOIA.
Expedited FOIA Request NARA 23 -I. Muckrock. Unauthorized Dispositions Excel Spreadsheet See PDF.
1. A copy of the NARA Unauthorized Disposition of Federal Records case tracking document for open cases or cases closed from October 1, 2016 to present as it exists at the time of my FOIA request and as cited on the NARA website https://www.archives.gov/records-mgmt/resources/unauthorizeddispositionoffederalrecords

a. NARA posts a similar document in downloadable “spreadsheet” format for cases closed prior to October 1, 2016 on that same website but does not offer this for open cases or cases closed after October 1, 2016.
b. I am seeking all metadata associated with the spreadsheet as is the case for the posted spreadsheet of cases closed prior to October 1, 2016. That spreadsheet was last modified on 5/22/2018 by Karyn Skevakis for example.
c. The spreadsheet must be unlocked and allow for recovery of previous version. (version history)

2. Government misconduct is alleged. There can be no redaction of the “spreadsheet info.”

3. The Agency copy of this FOIA Request this FOIA request itself is an agency record, “received by an agency of the United States Government under Federal law or in connection with the transaction of public business” 44 U.S.C. § 3301 (emphasis supplied).
The definition of “records” includes:
“[A]ill books, papers, maps, photographs, machine readable materials, or other documentary materials, regardless of physical form or characteristics, made or received by an agency of the United States Government under Federal law or in connection with the transaction of public business and preserved or appropriate for preservation by that agency or its legitimate successor as evidence of the organization, functions, policies, decisions, procedures, operations, or other activities of the Government or because of the informational value of data in them.” 44 U.S.C. § 3301 (emphasis supplied).
FPL DISPUTE RESOLUTION ISSUES.

1. Participation in FPL. dispute resolution is mandatory, and Mr. Stern has never engaged in any of my requests for FPL dispute resolution of any of my FOIA requests or appeals (including this one), which is a violation of the FOIA statute and governing regulations and policies.

2. Request Receipt Date. In my January 9, 2024 request for FPL dispute resolution, I challenged NARA’s false official statement that NARA received my FOIA request on January 2, 2024 when NARA incontrovertibly received it electronically on December 27, 2023. My subject FOIA request was dated and delivered to NARA on Wednesday, December 27, 2023, which was not a federal holiday.

3. Expedited Processing. In my January 9, 202r request for FPL dispute resolution I challenged NARA’s denial of my request for expedited processing and NARA’s failure to address all elements of my request for expedited processing.
a. In its January 8, 2023 denial of my request for expedited processing, NARA failed to address all elements and sub-elements of my request, instead truncating it in their denial letter to create a materially inaccurate record for further proceedings, including litigation. I cited four bases for expedited processing. NARA truncated my justification in the middle of basis #2 and did not address at all my basis. NARA did not address at all my basis regarding eminent substantial loss of due process rights for example.
4. Unusual Circumstances. Having already exceeded the statutory time for processing my FOIA request, NARA is claiming “unusual circumstances” based upon a “need to search for and collect potentially responsive records from an office separate from our office which is processing the request.
a. NARA claims unusual circumstances to virtually if not every FOIA request.
b. Unless responsive records are physically located in NARA’s FOIA Office, NARA asserts that it must “collect potentially responsive records from an office separate from our office which is processing the request.” This is nonsense and flies in the face of the clear intent of the statute.
c. Notwithstanding NARA’s ridiculous claim of unusual circumstances, NARA would have only been entitled to an additional ten days to process my FOIA request, which NARA has already exceeded. This FOIA request is now ripe for litigation.
d. NARA’s January 31, 2024 claim of unusual circumstances is deficient in that it fails to note that NARA is only entitled to ten additional days, and being deficient in that respect, the claim of unusual circumstances is also deficient and void.
e. NARA’s January 31, 2024 claim of unusual circumstances is deficient in that it fails to provide an estimated completion date, and being deficient in that respect, the claim of unusual circumstances is also deficient and void.

5 U.S.C. §552(a)(6)(B)(i):
In unusual circumstances as specified in this subparagraph, the time limits prescribed in either clause (i) or clause (ii) of subparagraph (A) may be extended by written notice to the person making such request setting forth the unusual circumstances for such extension and the date on which a determination is expected to be dispatched. No such notice shall specify a date that would result in an extension for more than ten working days, except as provided in clause (ii) of this subparagraph.

f. I have included Mr. Brewer in this correspondence who maintains the contemporaneous NARA Unauthorized Disposition of Federal Records case tracking document (or log) that I am seeking.

Mr. Brewer:

Responsive records. Immediately – today – provide the responsive records to Mr. Stern and the NARA FOIA Office 'FOIA' foia@nara.gov.

Mr. Talebian:

DOJ OIP Compliance Inquiry. Please promptly respond to my DOJ OIP compliance inquiry of Wednesday, January 10, 2024 7:38 PM. Include this most recent matter regarding NARA’s unlawful claim of unusual circumstances. Your response will be placed in the public domain, so please be timely and accurate.

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With my respect,

Robert (Bob) Hammond
Private Citizen FOIA Advocate

NARA and DOJ OIP,

The attached listing of my written public comments supports my claim of expedited processing. They also document massive NARA false FOIA reporting. If NARA now submits a knowingly false FY 2023 annual FOIA report that will be a serious matter. If DOJ OIP accepts a knowingly false NARA FY 2023 annual FOIA report that would also be a very serious matter.