ZAID, MARK S.; STATE SECRETS PRIVILEGE FOIA REQUEST
Document Type:
Collection:
Document Number (FOIA) /ESDN (CREST):
0001481564
Release Decision:
RIPPUB
Original Classification:
U
Document Page Count:
4
Document Creation Date:
June 23, 2015
Document Release Date:
September 29, 2010
Sequence Number:
Case Number:
F-2010-00666
Publication Date:
September 18, 2007
File:
Attachment | Size |
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Body:
Sep 18 07 11:07a Brad Moss 2027450155 p.2
1GIje 3fameo 1.abi5on roject
1250 QConnettirut abenue, ,Q.V.
'uite 200
'faSljington,.& 20036
(202) 498-0011 E-Mail: JaMadPro@aol.comk
(202) 330-5610 fax littp://www.jainesmadisonproject.o!ia
18 September 2007
Scott Koch
Information and Privacy Coordinator
Central Intelligence Agency
Washington, DC 20505
Re: F-2007-01615
APPROVED FOR
RELEASE^ DATE:
18-Aug-2010
NJ
Let me apologize for the lateness of this response to your letter dated July 17, 2007. 1
was out of town over the summer for scheduled vacation for two weeks and then in
California for several weeks to serve as civilian defense co-counsel in an Article 32
proceeding in an U.S. Marine criminal case arising from activities in Haditha, Iraq.
Finally, since my return on September 5, 2007, I have been handling more than one
dozen depositions in two separate lawsuits through my law office.
I would like to request that you provide the equivalent of a short grace period to cover
the time that has lapsed since your response. If that is not possible, please consider this
letter a revival of my request in the form of a new request on behalf of The James
Madison Project under the Freedom of Information Act, 5 U.S.C. ? 552, et se g., for
copies of any and all declarations or affidavits filed by the Director (or his designee) of
the Central Intelligence Agency ("CIA") in the following lawsuits wherein the state
secrets privilege was invoked:
(1)
Heine v. Raus. 261 F. Supp. 570 (D.Md. 1966) or its progeny:
399 F.2d 785 (41h Cir. 1968). 305 F. Supp. 816 (D. Md. 1969), 432 F.2d
1007 (4th Cir. Md. 1970)
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Sep 18 07 11:08a Brad Moss 2027450155 p.3
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(2) Halkin v. Helms, Civil Action No. 75-1773 (D.D.C.), 690 F.2d 977
(D.C. Cir. 1982)
(3) Foster v. United States, 12 Cl. Ct. 492 (1987)
Furthermore, regardless of whether a grace period is afforded or if a new request is
filed, please also review and consider my appeal of the denial of my request for a fee
waiver. In my original request dated July 6, 2007, 1 requested a fee waiver, as The James
Madison Project is a non-profit organization with the ability to disseminate information
on a wide scale. All previous requests to the CIA for fee waivers had been granted.
However, your letter indicated that the CIA had decided to deny this particular request
for a fee waiver.
According to your letter, the decision to deny the request for a fee waiver was based
on the fact that my request did not meet the requisite standards because "disclosing the
information you seek is not likely to contribute significantly to public understanding of
the operations and activities of the United States Government." The letter noted that an
appeal of the decision can be submitted within 45 days.
In contrast to your argument, disclosing this particular information will most
assuredly contribute significantly to public understanding of the operations and activities
of the United States Government. Revealing the circumstances and rationale surrounding
the invocation of the state secrets privilege will demonstrate the process that underlies the
decision to invoke the privilege. To date, numerous cases against the CIA, involving a
host of aggrieved individuals involved in national security whistleblowing and other
situations, have been prematurely cut short by the government's invocation of the state
secrets privilege. In all of those cases, the affidavits signed by the Director of the CIA
have been kept under seal, preventing the public from understanding the justification that
permitted the deprivation of a fellow citizen's right to utilize the judiciary system to
request relief for harm incurred. The likelihood of this information contributing
significantly to the public's understanding of government operations and activities could
not be more apparent or clear.
Your cooperation in this matter would be appreciated. If you wish to discuss this
request, please do not hesitate to contact me at either (202) 498-0011 or my law office at
(202) 454-2809.
Finally, please have all return correspondence addressed specifically to my attention
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Sep 18 07 11:08a Brad Moss 2027450155 p.4
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Sincerely,
Executive Director
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Fax: (703) 613-3007 Pages: 4
Phone: (202) 498-0011 Date: 9/18/2007
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