Todashev shooting 60-day report FBI to CRD (Federal Bureau of Investigation - FBI)

To Whom It May Concern:

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

The 60-day inquiry report and all supporting documents submitted by the FBI to the CRD following the shooting death of Ibragim Todashev.

Such a 60-day inquiry report is required under the MOU between the FBI and CRD outlining FBI reporting requirements for shooting death incidents (available online here: https://www.muckrock.com/foi/united-states-of-america-10/fbi-crd-agreement-on-reporting-of-injury-or-death-incidents-department-of-justice-civil-rights-division-11538/#1304867-mou-fbi).

I also request that, if appropriate, fees be waived as I believe this request is in the public interest. The requested documents will be made available to the general public free of charge as part of the public information service at MuckRock.com, processed by a representative of the news media/press and is made in the process of news gathering and not for commercial usage.

In the event that fees cannot be waived, 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,

Shawn Musgrave

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Oct. 16, 2014. Please let me know when I can expect to receive a response, or if further clarification is needed.

Thank you for your help.

Director, Office of Information Police (OIP)
US Department of Justice
1425 New York Ave, NW, Suite 11050
Washington, DC 20530-0001

December 31, 2014

To Whom It May Concern:

I hereby appeal the adequacy of the search conducted by the FBI in processing FOIA request 1306636-000, in which I requested:

The 60-day inquiry report and all supporting documents submitted by the FBI to the CRD following the shooting death of Ibragim Todashev.

As noted in my FOIA request, such a report is required to be submitted per the MOU between the FBI and CRD outlining FBI reporting requirements for shooting death incidents. That MOU is available in full online here: https://www.muckrock.com/foi/united-states-of-america-10/fbi-crd-agreement-on-reporting-of-injury-or-death-incidents-department-of-justice-civil-rights-division-11538/#1304867-mou-fbi.

Per that MOU:

"Whenever an FBI agent is involved in a shooting where someone has been wounded or killed, your office [FBI] will, as you do now, immediately advise us [CRD] by telephone and initiate a shooting inquiry which, upon completion, we will review to determine whether there is information warranting a full criminal civil rights investigation. You anticipate that your inquiry will generally be completed within 60 days of the incident.

[....]

When you have completed this initial 60 day inquiry, you will provide us with a written copy of the report and, if you wish, make an oral presentation to a reviewing attorney in the Section."

In light of this reporting requirement, it is difficult to see how the FBI can claim that no such document exists. As such, I request that this FOIA be remanded back to the FBI for a good faith search and production of responsive documents.

Respectfully,

Shawn Musgrave
MuckRock