LETTER TO SCOTT KOCH FROM (REQUESTER) RE REQUEST UNDER THE FREEDOM OF INFORMATION ACT

Document Type: 
Collection: 
Document Number (FOIA) /ESDN (CREST): 
0001469110
Release Decision: 
RIPPUB
Original Classification: 
U
Document Page Count: 
2
Document Creation Date: 
June 22, 2015
Document Release Date: 
December 8, 2008
Sequence Number: 
Case Number: 
F-2006-00548
Publication Date: 
December 1, 2005
File: 
AttachmentSize
PDF icon DOC_0001469110.pdf75.3 KB
Body: 
12/0112005 09:02 Scott Koch Information and Privacy Coordinator Central Intelligence Agency Washington, D.C. 20505 Dear Mr. Koch: J -aOL - cam'? December 1, 2005 This is a request under the Freedom of Information Act as amended (5 U.S.C. 522). I request a copy of: The Inspector General report, CIA Accountability with Respect to the 9/11 Attarcks. The FOIA provides that if only portions of a record are exempted from release, the remainder must be released I therefore request that I be provided with all nonexempt portions which are reasonably segregable I particularly request that it be kept in mind that there may exist reasonably segregable portions of classified paragraphs. I also request that any present classified material be considered for declassification. To permit an intelligent, informed decision as to whether or not to file an administrative appeal of any denial decision, I also request that you describe in detail the withheld records (or portions thereof) and explain the togtcal and factual basis for exemption claims. See ea v. Department of the Air Force 566 F.2d 242,251 (D.C. Cir. 1977). I also request a fee waiver. The fee waiver provisions under section 552 (a) (4) (A) of the FOIA, as amended on April 25. 1987, rewrote section 552 (a) (4) (A) to create categories of requesters entitled to fee waivers. Under those provisions, I qualify for exemption from fees in the "news media" category. The U.S. Court of Appeals for the D.C. circuit has unanimously bald that for FOIA fee waiver purposes "representatives of the news media" includes any individuals who regularly publish or disseminate information to the public. (See N one Security Archive L No. 88-5217, D.C. Circuit, July 28,1989, as well as Electronic v U.S. DOW= se No. 02-1233, United States District Court for the District of Columbia, January 16, 2003). I easily meet this criteria as a result of my books and articles, which have eared in a wide variety of publications (A vita is available upon request). My books include My articles and commentaries have appeared in'ScientLfle American, Air Force Magazine, Bulletin of the Atomic Scientists, Jane's Intelligence Review, International Journal of Intelligence and Counterintelligence, ISR Journal, Armed Forces Journal Intenrational, Defense Week; The National Interest, the Washington Post, the Los Angeles Times, the Boston Globe, and Newsday. My intended use ofthematerial requested above, in li ofmy extensive publication record, clearly meets the criteria established by statute and case law for preferred fee status under the FOIA as a representative of the news media. As such a representafive I am entitled to have search and review fees waived. And given the contribution of my work to enhancing public understanding of the government operations I request that you also waive reproduction fees. I look forward to your response within the statutory time period. If you have any questions about this request or any other matters. please contact me at sincerely,