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: 
AttachmentSize
PDF icon DOC_0001481564.pdf124.22 KB
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) "Alrotofr1gr will forrhrr gobrrrr igrmrrrrrre, 81(11 IT pro~Cr to/~o >111111 to be tije r olrnr crvobcrrrors, Host ar nr tI ingrivrS wit/ the polwer figo lfr11gr gtbrs " (b)(6) ja m r s' j 7r 0 i 5o n ,1822 Sep 18 07 11:08a Brad Moss 2027450155 p.3 1l)e 3Jan1e5 lRabi5olt project (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 l /tD1: +110l1/Ir1ar Will farever goof/'1/ lg/torn/ttf, ajili tt pl'op1f 111/ho 111Cr1/t to fir th)t1C 011111 00, e0 !r 11111gt arnt tCttu~flUe luit!/ tt l' polver X uo1111rbjjt gibf5. " Jn>>res' j17obis'mt, 1622 Sep 18 07 11:08a Brad Moss 2027450155 p.4 TI)e 3raune5 $1abi on J3ro;ert to ensure proper delivery. Sincerely, Executive Director ",Z lroml"rbgr Will fo/cbrr gollrr?1r igrrornurr, alrb a proprr lu!/o raralr to ht tIrfr oluir 30brrrrors', 111110t a!'111 tfirlirsr1'Veif" Wltl t1jr polurr !nolulrhgr glues. " Jallrrs,-Oath vir, 1822 Sep 18 07 11:07a Brad Moss 2027450155 p.1 Fax: (703) 613-3007 Pages: 4 Phone: (202) 498-0011 Date: 9/18/2007 ^ Urgent ^ For Review ^ Please Comment ^ Please Reply ^ Please Recycle