NARA record centers Zahorian file
| Tracking # |
NARA-NGC-2019-000605 |
| Submitted | July 4, 2019 |
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Communications
From: David Bixenspan
To Whom It May Concern:
Pursuant to the Freedom of Information Act, I hereby request the following records:
Records relating to the following federal criminal case file stored at the Federal Record Center in Philadelphia...
Caption: United States v. Zahorian
Case number: 1:91-cr-00023
Accession: 021-96-0153
Location: D-34-031-7-4
Box: 1 of 3
...including but not limited to those documenting the acquisition of the file, all purchases of copies of the file, changes made to the file, and inquiries about the file.
I am aware that the file itself, as a federal court record, is exempt from FOIA, and am NOT attempting to get the file itself via FOIA. I am attempting to get all records that NARA and its Federal Record Centers have ABOUT the file.
The requested documents will be made available to the general public, and this request is not being made for commercial purposes.
In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.
Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 20 business days, as the statute requires.
Sincerely,
David Bixenspan
From: National Archives and Records Administration
This message is to confirm your request submission to the FOIAonline application: View Request. Request information is as follows: (https://www.foiaonline.gov/foiaonline/action/public/submissionDetails?trackingNumber=NARA-NGC-2019-000605&type=request)
* Tracking Number: NARA-NGC-2019-000605
* Requester Name: David Bixenspan
* Date Submitted: 07/05/2019
* Request Status: Submitted
* Description: To Whom It May Concern:
Pursuant to the Freedom of Information Act, I hereby request the following records:
Records relating to the following federal criminal case file stored at the Federal Record Center in Philadelphia...
Caption: United States v. Zahorian
Case number: 1:91-cr-00023
Accession: 021-96-0153
Location: D-34-031-7-4
Box: 1 of 3
...including but not limited to those documenting the acquisition of the file, all purchases of copies of the file, changes made to the file, and inquiries about the file.
I am aware that the file itself, as a federal court record, is exempt from FOIA, and am NOT attempting to get the file itself via FOIA. I am attempting to get all records that NARA and its Federal Record Centers have ABOUT the file.
The requested documents will be made available to the general public, and this request is not being made for commercial purposes.
In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.
Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 20 business days, as the statute requires.
Sincerely,
David Bixenspan
From: National Archives and Records Administration
NARA-NGC-2019-000605 has been processed with the following final disposition: Partial Grant/Partial Denial.
Records were released to the public as a result of this request. You may retrieve these records immediately using the following link: View Records Over the next 2 hours, these records are also being added to FOIAonline's search pages, further enabling you to retrieve these documents associated with your FOIA request at any time. (https://www.foiaonline.gov/foiaonline/action/public/submissionDetails?trackingNumber=NARA-NGC-2019-000605&type=request)
August 5, 2019
VIA FOIAonline
David Bixenspan
MuckRock News
DEPT MR 76582
411A Highland Ave.
Somerville, MA 02144
Re: Freedom of Information Act Request: NGC19-414
Dear Mr. Bixenspan:
This is in response to your Freedom of Information Act (FOIA) request dated July 5, 2019, and received in our office on the same day. Your request was assigned FOIAonline tracking number NARA-NGC-2019-000605, as well as the above internal tracking number. In your request, you stated:
I hereby request the following records: Records relating to the following federal criminal case file stored at the Federal Record Center in Philadelphia…Caption: United States v. Zahorian, Case number: 1:91-cr-00023, Accession: 021-96-0153, Location D: D-34-031-7-4, Box: 1 of 3, including but not limited to those documenting the acquisition of the file, all purchases of copies of the file, changes made to the file, and inquiries about the file.
We conducted a search and identified the Standard Form 135, accessioning document, (totaling 1 page) which provides the acquisition information of the file. We also located one excel spreadsheet responsive to your FOIA request listing the other remaining information you requested. We are releasing the one page accessioning document in full with no redactions. We are releasing the spreadsheet in part with limited withholdings pursuant to FOIA Exemption 5 U.S.C. § 552 (b)(7)(E). This exemption protects information that could potentially disclose law enforcement techniques and procedures. We applied this exemption to protect information related to our internal security. We are also withholding information pursuant to FOIA Exemption 5 U.S.C. § 552 (b)(6). The disclosure of which would constitute a clearly unwarranted invasion of personal privacy. The redacted information consists of the requester’s contact information and charge account information.
This concludes the processing of your FOIA request.
If you are not satisfied with our action on this request, you have the right to file an administrative appeal within ninety (90) calendar days from the date of this letter via regular U.S. mail or email. By filing an appeal, you preserve your rights under FOIA and give the agency a chance to review and reconsider your request and the agency’s decision. If you submit your appeal in writing, please address it to the Deputy Archivist of the United States (ND), National Archives and Records Administration, 8601 Adelphi Road, College Park, Maryland 20740. Both the letter and the envelope should be clearly marked “Freedom of Information Act Appeal.” If you submit your appeal by e-mail please send it to FOIA@nara.gov, also addressed to the Deputy Archivist of the United States. Please be sure to explain why you believe this response does not meet the requirements of the FOIA. All correspondence should reference your case tracking number NGC19-414 and your FOIAonline tracking number.
If you would like to discuss our response before filing an appeal to attempt to resolve your dispute without going through the appeals process, you may contact our FOIA Public Liaison Gary M. Stern for assistance at the address below:
National Archives and Records Administration
8601 Adelphi Road, Room 3110
College Park, MD 20740-6001
301-837-1750
garym.stern@nara.gov
If you are unable to resolve your FOIA dispute through our FOIA Public Liaison, the Office of Government Information Services (OGIS), the Federal FOIA Ombudsman’s office, offers mediation services to help resolve disputes between FOIA requesters and Federal agencies. The contact information for OGIS is:
Office of Government Information Services
National Archives and Records Administration
8601 Adelphi Road–OGIS
College Park, MD 20740-6001
ogis@nara.gov
ogis.archives.gov
202-741-5770
1-877-684-6448
Thank you for contacting the National Archives and Records Administration, and please feel free to also contact me directly if you have any questions.
Sincerely,
Jodi Foor
Deputy FOIA Officer
National Archives and Records Administration
Office of General Counsel
(301) 837-2099
jodi.foor@nara.gov
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