ProsecutorialSinsSeen

Martin Peck filed this request with the Department of Justice, Executive Office for United States Attorneys of the United States of America.
Tracking #

A-2023-00372
Submitted Aug. 5, 2016
Status
Rejected

From: Martin Peck

Subject: Freedom of Information Request: ProsecutorialSinsSeen

Email

To Whom It May Concern:

This is a request under the Freedom of Information Act. I hereby request the following records:

All emails, memos, reports, documents, and other responsive materials mentioning, or containing secondary mention of, "prosecutorial discretion", in all emails and communications of Stephen P. Heymann - Assistant U.S. Attorney for the District of Massachusetts, and of Carmen Milagros Ortiz - United States Attorney for the District of Massachusetts.

Note that "prosecutorial discretion" as a subject is of great public interest, and in fact, DHS published the following guidance specifically on this subject:
"Department of Homeland Security (DHS) announced a new process to ensure that its resources are focused on its highest enforcement priorities. This process is referred to as "prosecutorial discretion," or "PD." Under PD, DHS reviews pending cases to see whether the ymeet certain criteria for cases that are considered a low enforcement priority."
- https://www.justice.gov/eoir/fact-sheet-prosecutorial-discretion

In addition, the prosecutors named above are of particular and specific interest to the public given their court history. See article "This Federal Prosecutor Is Building A Career Indicting The Good Guys - But is U.S. Attorney Carmen Ortiz the one gone wrong?" published 07/05/2016 11:48 pm ET by Daniel Marans Reporter, Huffington Post and Ryan Grim Washington bureau chief for The Huffington Post.

Please search records in any form, including multi-media content, paper notes, audio transcripts of verbal communications, emails, administrative orders, and other relevant material.

Please *DO NOT* expend any time conducting a CRS search using general indices, nor an ACS search via UNI for the prosecutors named above. Instead, three other searches are explicitly requested:
1. Please conduct a DIVS search through ACS records for each individual, in any category of entity relation to the Bureau.
2. Please conduct a Sentinel search for each individual using both structured search, as an agent, employee, or subject, or within the content of a communication account.
3. Please also conduct a full-text Sentinel search for each individual and the term "discretion", which will not produce collisions with unrelated records as this term combined with the names above is sufficient unique to the records sought.

Please provide a count of materials withheld for any reason. Thank you!

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, DVD-R, or BD-R 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,

Martin Peck

From: Muckrock Staff

Subject: RE: Freedom of Information Request: ProsecutorialSinsSeen

Email

To Whom It May Concern:

This is a request under the Freedom of Information Act. I hereby request the following records:

All emails, memos, reports, documents, and other responsive materials mentioning, or containing secondary mention of, "prosecutorial discretion", in all emails and communications of Stephen P. Heymann - Assistant U.S. Attorney for the District of Massachusetts, and of Carmen Milagros Ortiz - United States Attorney for the District of Massachusetts.

Note that "prosecutorial discretion" as a subject is of great public interest, and in fact, DHS published the following guidance specifically on this subject:
"Department of Homeland Security (DHS) announced a new process to ensure that its resources are focused on its highest enforcement priorities. This process is referred to as "prosecutorial discretion," or "PD." Under PD, DHS reviews pending cases to see whether the ymeet certain criteria for cases that are considered a low enforcement priority."
- https://www.justice.gov/eoir/fact-sheet-prosecutorial-discretion

In addition, the prosecutors named above are of particular and specific interest to the public given their court history. See article "This Federal Prosecutor Is Building A Career Indicting The Good Guys - But is U.S. Attorney Carmen Ortiz the one gone wrong?" published 07/05/2016 11:48 pm ET by Daniel Marans Reporter, Huffington Post and Ryan Grim Washington bureau chief for The Huffington Post.

Please search records in any form, including multi-media content, paper notes, audio transcripts of verbal communications, emails, administrative orders, and other relevant material.

Please *DO NOT* expend any time conducting a CRS search using general indices, nor an ACS search via UNI for the prosecutors named above. Instead, three other searches are explicitly requested:
1. Please conduct a DIVS search through ACS records for each individual, in any category of entity relation to the Bureau.
2. Please conduct a Sentinel search for each individual using both structured search, as an agent, employee, or subject, or within the content of a communication account.
3. Please also conduct a full-text Sentinel search for each individual and the term "discretion", which will not produce collisions with unrelated records as this term combined with the names above is sufficient unique to the records sought.

Please provide a count of materials withheld for any reason. Thank you!

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, DVD-R, or BD-R 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,

Martin Peck

From: Department of Justice, Executive Office for United States Attorneys

Subject: RE: Freedom of Information Act Request: ProsecutorialSinsSeen

Email

Can you provide us the EOUSA request tracking # this request was provided?

EOUSA FOIA Intake Team

From: Martin Peck

Subject: RE: Freedom of Information Act Request: ProsecutorialSinsSeen

Mail

Consider this a formal appeal of this denial. It is not my responsibility as a requestor to identify your tracking identifiers.

I state my continued interest in seeing this respond fulfilled. I formally object to the use of permissive action with unreliable communication to deny legitimate, lawful requests for public information.

Please complete this response promptly.

Best regards,
Martin Peck

From: Department of Justice, Executive Office for United States Attorneys

Subject: Acknowledgment of FOIA Appeal A-2023-00372

Email

The Office of Information Policy has received your FOIA Appeal.  Please see the attached acknowledgment letter.

From: Department of Justice, Executive Office for United States Attorneys

Subject: Response to FOIA Appeal A-2023-00372

Email

The Office of Information Policy has made its final determination on your FOIA Appeal Number A-2023-00372 .  A copy of this determination is enclosed for your review, along with any enclosures, if applicable.  Thank you.