FOIA Request to DoD-IG,DoD-OSD, Joint Cheifs, Army, Navy,Airforce

7/28/2019 FOIA Request to DoD-IG,DoD-OSD, Joint Cheifs, Army, Navy,Airforce

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TRANSMISSION VERIFICATION REPORT

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JudicialWatciiBecause no oneis above the law!

May 25,2012VIA CERTIFIED MAIL & FACSIMILE:(571) 372-(}46:t; 703-604-8567; (703) 428-6522 ; (703) 604-6990; (703) 693-5728>FOIA Liaison Jim HoganOSD/JS FOIA Requester Service CenterU.S. Department ofDefense, Jt. Chiefs1155 Defense PentagonWashington, DC 20301-1155FOIA Chief Jeanne MillerOffice of the Inspector GeneralU.S. Department of Defense4800 Mark Center Dr., Ste. 14L24Alexandria, VA 223 5 0-15 00

FOIA Chief Robert DickersonU.S. Army FOIA/PA Office7701 Telegraph Rd.Alexandria, VA 22315-3905FOIA ChiefRobin PattersonU.S. Navy FOIA/PA Office2000 Navy Pentagon (DNS-36)Washington, DC 20350-2000FOIA Chief John EspinalU.S. Air Force- HQ/ICIO1000 Air Force PentagonWashington, DC 20330-1000

Re: FOIA Request Seeking Record Regarding Segue trationDear Sir or Madam:

Rowan Scarborough today reported in the Washington Times that militaryplanners have been ordered not to develop contingency plans for "sequestration," sixhundred billion dollars ($600B USD) of automatic spending cuts to the Pentagon budgetslated to take effect in January 2013.1 He further reported that secret cells have beendeveloped, nonetheless, to plan covertly for such a contingency.Pursuant to the Freedom oflnformation Act (FOIA), 5 U.S.C. 552, JudicialWatch, Inc., (Judicial Watch) hereby requests that the Offices of the Secretary of Defenseand Inspector General, as well as the Departments ofDefense, Army, Navy, Air Force,and Joint Chiefs each produce the following records within twenty (20) business days:

All communications respecting sequestration, including whether todevelop contingency plans at all and, if so, to do so covertly.

1 Rowan Scarborough, "Pentagon planners ordered to keep potential budgets cuts fiom Congress," Wash.Times, May 25, 20 12, http://www .washingtontimes.com/news/20 12/may/20/how-to-cut-600b-not-on-theradar-at-pentagon/print/.

425 Third St. , SW, Suite 800, Washington, DC 20024 Tel: (202) 646-5172 or 1-888-593-8442FAX: (202) 646-5199 Email: [email protected] www.Judicia!Watch.org


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OSD-JS/DOD-IGArmy/Navy/USAFMay 25,2012

The time frame for this request is January 1, 20 12 through the present.In placing this request, Judicial Watch calls your attention to President Barack

Obama's January 21,2009 Memorandum concerning the Freedom oflnformation Actwhich states:All agencies should adopt a presumption in favor of disclosure, inorder to renew their commitment to the principles embodied inFOIA ..The presumption of disclosure should be applied to alldecisions involving FOIA.

Freedom oflnformation Act. Pres. Mem. of January 21, 2009, 74 Fed. Reg. 4683.The memo further provides that "The Freedom of Information Act should beadministered with a clear presumption: In the case of doubt, openness prevails."Nevertheless, if any responsive record or portion thereof is claimed to be exemptfrom production under FOIA, please provide sufficient identifying information withrespect to each allegedly exempt record or portion thereof to allow us to assess thepropriety ofthe claimed exemption. Vaughn v. Rosen, 484 F.2d 820 (D.C. Cir. 1973),

cert. denied, 415 U.S. 977 (1974). In addition, any reasonably segregable portion of aresponsive record must be provided, after redaction of any allegedly exempt material. 5U.S.C. 552(b).Judicial Watch also hereby requests a waiver of both search and duplication feespursuant to 5 U.S.C. 552(a)(4)(A)(ii)(II) and (a)(4)(A)(iii). Judicial Watch is entitledto a waiver of search fees under 5 U.S.C. 552(a)( 4)(A)(ii)(II) because it is a member ofthe news media. Cf National Security Archive v. Department ofDefense, 880 F.2d 1381,1387 (D.C. Cir. 1989)(defining news media within FOIA context). Judicial Watch hasalso been recognized as a member of the news media in other FOIA litigation. See, e.g.,Judicial Watch, Inc. v. US. Department ofJustice, 133 F. Supp.2d 52 (D.D.C. 2000);and, Judicial Watch, Inc. v. Department ofDefense, 2006 U.S. Dist. LEXIS 44003, *1(D.D.C. June 28, 2006). Judicial Watch regularly obtains information about theoperations and activities of government through FOIA and other means, uses its editorial

skills to tum this information into distinct works, and publishes and disseminates theseworks to the public. It intends to do likewise with the records it receives in response tothis request.Judicial Watch also is entitled to a complete waiver of both search fees andduplication fees pursuant to 5 U.S.C. 552(a)(4)(A)(iii). Under this provision, records:

shall be furnished without any charge or at a charge reduced belowthe fees established under clause (ii) if disclosure of the

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OSD-JS/DOD-IGArmy!N avy/USAFMay 25,2012

information is in the public interest because it is likely tocontribute significantly to public understanding of the operationsor activities of government and is not primarily in the commercialinterest of the requester.

5 U.S.C. 552(a)(4)(A)(iii).In addition, if records are not produced within twenty (20) business days, JudicialWatch is entitled to a complete waiver of search and duplication fees under Section 6(b)

of the OPEN Government Act of2007, which amended FOIA at 5 U.S.C. 552(a)(4)(A)(viii).Judicial Watch is a 501(c)(3), not-for-profit, educational organization, and, bydefinition, it has no commercial purpose. Judicial Watch exists to educate the publicabout the operations and activities of government, as well as to increase publicunderstanding about the importance of ethics and the rule of law in government. Theparticular records requested herein are sought as part of Judicial Watch's ongoing effortsto document the operations and activities of the federal government and to educate thepublic about these operations and activities. Once Judicial Watch obtains the requestedrecords, it intends to analyze them and disseminate the results of its analysis, as well asthe records themselves, as a special written report. Judicial Watch will also educate thepublic via radio programs, Judicial Watch's website, and/or newsletter, among otheroutlets. It also will make the records available to other members of the media or

researchers upon request. Judicial Watch has a proven ability to disseminate informationobtained through FOIA to the public, as demonstrated by its long-standing andcontinuing public outreach efforts.Given these circumstances, Judicial Watch is entitled to a public interest feewaiver of both search costs and duplication costs. Nonetheless, in the event our requestfor a waiver of search and/or duplication costs is denied, Judicial Watch is willing to payup to $350.00 in search and/or duplication costs. Judicial Watch requests that it becontacted before any such costs are incurred, in order to prioritize search and duplicationefforts.In an effort to facilitate record production within the statutory time limit, JudicialWatch is willing to accept documents in electronic format (e.g. e-mail, .pdfs). Whennecessary, Judicial Watch will also accept the "rolling production" of documents.Judicial Watch anticipates prompt receipt of the requested documents and a waiver ofboth search and duplication costs within twenty (20) business days. Thank you for yourtimely compliance with all applicable laws.

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FOIA Request to DoD-IG,DoD-OSD, Joint Cheifs, Army, Navy,Airforce