Item 2.65: My FOIA Request No. 0246-2010 (re DIA's "Operation Tango-Sierra" -- See Item 2.64)
Chief, Freedom of Information Staff
U. S. Defense Intelligence Agency
Washington, DC 20340-5100 FROM: Larry W. Bryant
3518 Martha Custis Drive
Alexandria, VA 22302 DATE: May 1, 2010 Ms. Williams: The below-quoted second paragraph of your April 28, 2010, letter to me in response to my FOIA request of April 27th, regarding the role of your agency in Operation Tango-Sierra, mischaracterizes my FOIA-requester status by implying that I occupy the category of "all other requesters." While no-one logically can construe that such a monumentally historic operation as Tango-Sierra fails to be "in the public interest" for records-disclosure purposes, that criterion happens to be incidental to my stated status as a "representative of the news media" (RNM). Since my RNM status recently has been formally acknowledged by the FOIA coordinator at the U. S. Central Intelligence Agency (based on existing case law and on a careful reading of the amended act's fee-waiver provisions), I ask that you assure me, at the outset of your processing of my FOIA request, that you will honor my request for full waiver of all DIA records-search/review fees in this case. Without that assurance, I shall have no recourse but to retain, at the appropriate time, professional legal counsel to compel your full compliance with the Act's preferential treatment accorded to me and to all other requesters in the RNM category. As to this aspect, you may wish to consult with your agency's legal adviser, who I'm certain will realize that, if this case results in litigation, one element of the relief sought will be the government's reimbursement of my attorney's fees. LARRY W. BRYANT Copies furnished to: Jonathan L. Katz, Esq.
Editor, UFO Magazine
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ == TEXT OF MS. WILLIAMS's APRIL 28, 2010, LETTER TO L.W.B. == "Dear Mr. Bryant: "This is an interim response to your April 27, 2010, Freedom of Information Act (FOIA) request for information concerning Operation Tango-Sierra. We received your request on April 27, 2010 and assigned it case number 0246-2010. Please use this number in all future correspondence with us about this matter. "With regard to your request for a waiver of any applicable fees, a fee waiver is appropriate when 'disclosure of the requested information is in the public interest because it is likely to contribute significantly to public understanding of the operations and activities of the government and is not primarily in the commercial interest of the request[er].' 5 U.S.C. Sec. 552(a)(4)(iii). Decisions to waive or reduce fees are made on a case-by-case basis. I will consider your request for a fee waiver after a search is completed and this office determines if records responsive to your request exists [sic]. "You should also know that we will be unable to respond to your request within the FOIA's 20 day statutory time period due to unusual circumstances. These unusual cirmstances are: (a) the need to search for and collect records from a facility geographically separated from this office; (b) the potential volume of records responsive to your request; and (c) the need for consultation with one or more other agencies which have substantial interest in either the determination or the subject matter of the records. For these reasons, your request has been placed in our queue and will be worked in the order the request was received. Our current administrative workload is in excess of 2,661 open requests. "We regret that there is currently a substantial delay in processing requests and solicit your patience and understanding. We assure you that we will process your request as soon as possible. If you have any questions, please contact the DIA FOIA Requester Service Center at 301-394-5587. "Sincerely, "Alesia Y. Williams
Chief, Freedom of Information Act Staff"
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