Item 2.107: A Two-Page Letter from the FOIA-laden Secret Service Prompts an LWB Reply (See Item 2.98)

TO:  Mr. Craig W. Ulmer
         U. S. Secret Service Special-Agent-in-Charge (FOIA Matters)
         Freedom of Information Act Branch - Communications Center
         245 Murray Lane, S. W. - Bldg. T-5

FROM:  Larry W. Bryant
               3518 Martha Custis Drive
               Alexandria, VA  22302

DATE:  April 13, 2011

1.  Reference:  your April 8, 2011, letter to me that arrived at my address on April 12 (in which you assign the case file number 20110177 to my FOIA request of February 18, 2011).  I'm including the text of your letter at the end of this reply.

2.  In response to your paragraph asking me to "provide us with copies of news articles or other types of publications that have been published under your name," I'm inclosing photocopies of several of my columns titled "Bryant's UFO View" as published in the newsstand periodical UFO Magazine.  Other than these inclosures, you'll find at my (free) blog site - http://ufoview.posterous.com - some reprints of my column from UFO Magazine.  According to the U. S. Open Government Act of 2007, this hard evidence of my FOIA requester status as a "representative of the news media" (RNM) entitles me to AUTOMATIC waiver of all your agency's records-search/review fees incident to the processing of my request.

3.  Please note that any decision you make to ignore/deny my RNM requester status will be subjected to administrative appeal and, thereafter, to any necessary judicial review (to include acquiring your agency's reimbursement of my attorney's fees).

4.  By USPS, I'm sending to you a signed printout of this e-formatted letter.

LARRY W. BRYANT
Columnist for UFO Magazine

Inclosures:

(1)  LWB Column:  "Tell Us More, Ms. Grafeld!" (from issue No. 155 - January 2011)

(2)  LWB Column:  "UFO-NASA Collusion Amidst the 1960s-Era Cape Canaveral?" (from issue No.150 - June 2009)

(3)  LWB Column:  "Separate and Unequal?" (from issue No. 151 - August 2009)

(4)  Obituary of Richard H. Hall (from issue No. 151 - August 2009)

Copy furnished to:  Editor, UFO Magazine 
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TEXT OF MR. ULMER's 8 APR 11 LETTER TO L.W.B.:

File Number:  20110177

Dear Requester:

This letter is intended to acknowledge the receipt of your recent Freedom of Information Act/Privacy Acts (FOIA/PA) request received by the United States Secret Service (USSS) on March 21, 2011, for information pertaining to UFO-E.T. contact that President Eisenhower experienced during his February 11-12, 1955 stay Holloman Air Force Base, New Mexico.

Due to the increasing number of FOIA/PA requests received by this office, we may encounter some delay in processing your request.  Per Section 5.5(a) of the FOIA regulations, 6 C.F.R., Chapter I, Part 5, the Service processes FOIA/PA requests according to their order of receipt.

As it relates to your fee waiver request, your request will be held in abeyance pending the quantification of responsive records.  The FOIA regulations, Title 6 C.F.R., Chapter I, Part 5, Section 5.11(k)(2)(3), set forth six factors to examine when determining whether the applicable legal standard for fee waiver has been met.  We will consider these factors in our evaluation of your request for a fee waiver:

1)  Whether the subject of the requested records concerns "the operations or activities of the government;"

2)  Whether the disclosure is "likely to contribute" to an understanding of government operations or activities;

3)  Whether disclosure of the requested information will contribute to the understanding of the public at large, as opposed to the individual understanding of the requestor or a narrow segment of interested persons;

4)  Whether the contribution of public understanding of government operations or activities will be "significant";

5)  Whether the requester has a commercial interest that would be furthered by the requested disclosure; and

6)  Whether the magnitude of any identified commercial interest to the requestor is sufficiently large in comparison with the public interest in disclosure, that disclosure is primarily in the commercial interest of the requestor.

If any responsive records are located, we will consider these factors in our evaluation of your request for a fee waiver.  In the event that your fee waiver is denied, we shall charge you for the records in accordance with Interim FOIA regulations as they apply to non-commercial ("all other") requesters.  The first 100 pages of duplication are free of charge.  As an "all other" requester, you will be charged .10 cents [sic] a page for the duplication of each additional page.  As an "all other" requester, the first 2 hours of search time are free of charge, after which you will be charged the per quarter-hour rate ($4.00, $7.00, $10.25) of the searcher.

In order for you to be considered in the category of news media, please provide us with copies of news articles or other types of publications that have been published under your name.  In order to be considered an educational or non-commercial scientific institution user, you must supply us with documentation to support your request.

Please be advised, the submission of your request is viewed as an agreement, by you, to pay duplication and search time costs up to $25.00.  A search for files responsive to your request is being conducted.  The appropriate components of the USSS are being queried for responsive documents.  If any responsive records are located, they will be reviewed for determination of releasability.  You will be contacted before any additional fees are accrued.

We solicit your cooperation and assure you that the search will be conducted as expeditiously as possible.  If you have any questions or would like to discuss this matter, please contact this office at (202) 406-5838.  Please use the file number indicated above in all future correspondence with this office.

Sincerely,

Craig W. Ulmer
Special Agent In Charge
Freedom of Information Act & Privacy Acts Officer

Item 2.106: Letter of Complaint to Fort McClellan's Inspector General (re James Norton's Whistleblowership - see Item 2.104)

TO:  Inspector General
        ATTN:  Complaints-Processing Supervisor
        U. S. Army National Guard Training Center
        Fort McClellan, AL  36205

FROM:  Larry W. Bryant
               3518 Martha Custis Drive
               Alexandria, VA  22302

DATE:  April 8, 2011

Persons close to UFO-E.T.-coverup whistleblower James Norton, who now lives in Anniston, Ala., have been expressing concern about his personal safety and the need to protect himself from any official retaliation as regards the content of his revelations and the intent/tactics within officialdom's ongoing response to them (see my advertisement about his case at http://www.classifiedads.com/announcements-ad4204171.htm ; and the latest public discussion of his case at http://forums.jazmaonline.com/topic.asp?TOPIC_ID=2912 ).

Federal case law (including the U. S. Court of Appeals for the Armed Forces' decision in U. S. v. Voorhees) assures the right of all servicemembers and other federal personnel to publicly express their views on public issues.  The September 1977 UFO-E.T. incident at Fort Benning, Ga. (in which Norton, among others, was victimized), certainly qualifies as a vital public issue - especially now that Norton has announced his possession of a confirmatory artifact from that event.  When fully analyzed (and presented, with his testimony, to a pertinent congressional committee), this smoking-gun artifact might entice additional whistleblowers to come forward with their evidence supporting the public's stakeholdership in this matter.

Accordingly, I submit this letter as a formal, written COMPLAINT that you investigate the official circumstances, principals, motives, decisionmaking, and actions (including threats) to which Norton has been, and still is being, subjected in his role as the ultimate whistleblower within the world's deepest secret.

Once you conclude this requested investigation, please send me a copy of your final report of findings, conclusions, and recommendations.

By USPS mail, I'm sending to you a signed printout of this e-formatted letter.

LARRY W. BRYANT
Director, Washington, D.C., Office of Citizens Against UFO Secrecy

Copy furnished to:  Chairman, Committee on Homeland Security, U. S. House of Representatives
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Item 2.105: FOIA Appeal to U. S. National Reconnaissance Office (See Item 2.102) - Plus an Additional FOIA Request

TO:  Director
        ATTN:  General Counsel (FOIA Appeals Supervisor)
        U. S. National Reconnaissance Office
        14675 Lee Road
         Chantilly, VA  20151-1715

FROM:  Larry W. Bryant
               3518 Martha Custis Drive
              Alexandria, VA  22302

DATE:  April 7, 2011

1.  Reference:  Your FOIA officer Stephen R. Glenn's March 31, 2011, letter to me in response to my freedom-of-information request of March 23, 2011 (as quoted below), by which he summarily dismisses my request (under his case No. F11-0058).

2.  Mr. Glenn's de facto denial of my request ignores his FOIA responsibility to apply (de novo) such records-search criteria as "alien spacecraft," "E.T. (extraterrestrial) craft," and "hostile aerial craft."  Mr. Glenn knows - or should know - that FOIA case law allows no federal agency to cop out on the obligation to search for all records responsive to a requester's adequate description of the sought-for records.

3.  Accordingly, I submit this letter as a formal, written appeal of Mr. Glenn's refusal to conduct the requested records search (a process that should expose any NRO-created records trail documenting all NRO-transmissions of any relevant "products" to non-NRO entities during the timeframe cited in my request).  Please reverse his arbitrary, unlawful decision as soon as possible - so that this impasse may be resolved administratively by your direct intervention.

4.  In order to begin preparations for any necessary judicial review of Mr. Glenn's adverse determination, I'm submitting this paragraph of my April 7 letter as a new, written FOIA request that Mr. Glenn's office send me a photocopy of the entire contents of all UFO-related FOIA-request case files processed by NRO during the period January 1, 2008, through April 7, 2011.  Please note that the relief to be sought by that litigation would include your agency's reimbursement of my attorney's fees.

5.  By USPS mail, I'm sending to you a signed printout of this e-formatted letter.

LARRY W. BRYANT
Columnist for UFO Magazine

Copies furnished to:

    Editor, UFO Magazine

    Chief of Staff, U. S. Senate Select Committee on Intelligence
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TEXT OF MR. GLENN's MARCH 31, 2011, LETTER TO L.W.B.:

Dear Mr. Bryant:

This is in response to your letter dated 23 March 2011, received in the Information Management Services Center of the National Reconnaissance Office (NRO) on 24 March 2011.  Pursuant to the Freedom of Information Act (FOIA), you are requesting "any and all NRO-produced reports . . . alien spacecraft . . . detecting and recording contact with these craft . . . congressional personnel involved . . . . "

The NRO is a joint organization engaged in the research and development, acquisition, launch and operation of overhead reconnaissance systems necessary to meet the needs of the Intelligence Community and of the Department of Defense.  In this capacity, the product of NRO systems is provided to other government organizations.  Once this product is turned over to those organizations, they make determinations as to the further use and dissemination.

However, the NRO has conducted numerous searches relating to UFOs in the past, and we have located no records.  Since this topic is outside of the scope of NRO responsibilities as outlined in the paragraph above, and previous searches have located no records in the NRO, we are administratively closing your FOIA request.

If you have any questions, please call the Requester Service Center at (703) 227-9326 and reference case number F11-0058.

Sincerely,

Stephen R. Glenn
Chief, Information Access and Release Team
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