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

• Document Type: FOIA
• Keywords: USAMA BIN LADEN
• Collection: FOIA Collection
• Document Number (FOIA) /ESDN (CREST): 0001500690
• Release Decision: RIPPUB
• Original Classification: U
• Document Page Count: 15
• Document Creation Date: June 22, 2015
• Document Release Date: December 8, 2008
• Case Number: F-2006-00548
• Publication Date: January 9, 2006

I 01/09/2006 1:27 FAX [phone] JUDICIAF. WATCH. INC. f~j002
VlA FACSIMIL)~AND FIRST CLASS MAiL
January 8, 2006
Scott Koch
Information az~d Privacy Coordinator
CENTRAL 1NTEi.LIGENCE AGENCY
Washington, DC 20505
(Fax. No.: 703-613-3007)
~S ~tus of Freedom of lnformation Act request
Deaz Sir/Madam:
~~~ J~~f - 9 ~i ! ~ 36
Please provide Judicial Watch Inc., with an update, in writii>,g, regarding the status of
F~recdom of Information Act (FOIA) sent to the Central Intelligence Agency (hereafter "CIA") by
letter dated May 16, 2002, regarding government knowledge of and or prior intelligence
regarding the 9/11 attacks (See letter, attached) Please provide us with atime-frame of when we
can reasonably expect to receive the requested doeuments.l~iank you for your attention to this
matter.
Sincerely,
JUD1ClAL'a7ATCHlNC.
~/TC.
501 School Street, SW ~~ Suite 500 ~ Washington. DC 20024 Tel: [phone] ~~ (888) JW-ETHIC
Fax, [phone] ~ email; info~ludicialwatch,ar~ ~~ Web Site: wwwJudidalWa[ch.org
 01/09/2006 13:27 FA% 202 646 5199
May l6, 2002
Judicial Watch
Because no one is above the J.dw!
VTA CERTIF.LD MAt~ AND FAX
Central Intelligence A$cncy
Kathryn Z Dyer
FOTA and privacy Coordinator
Washington, D.C. 20505
National Security Agency
Pamela N. Phillips
Chief, FOIA/PA Services
Office of Information Policy, DC321
Ft. George C~. Meade, MD 20755-6248
Fcdoral Aviation Administration
Valerie C3. Collins
FOIA Progran~t Director, ARC-40
8001ndependence Avenue, S.W.
Washington, D.C. 20591
Defense Intelligence Agency
Robcrt P. lZ.ichardson
Chief, FOIA Staff
Code SVI-1 (FOIA)
Washington, D.C.20340-5100
National Security Council
Director
Access Management
392 Old Executive Office Building
Washington, DC 20504
Dear Sir/Madam:
The White douse
Office of Administration
Carol Ehrlich, FOTA Officer
5001 New Executive Office Building
Washington, D.C. 20503
Federal Bureau of Investigation
John M. Kelso, Jr., Chief
FOIPA Section -
935 Pezuisylv~ia Avenue, N.W.
Washington, DC 20535.0001
Department of Defense
Freedom ofInformation and Security Review
Room X757
I I55 Defense Penfaggon
Washngton, D.C. 20301-1155
Department of S
Margaret P. Gra#eld
Director, Office of IRM Programs & Services, SA-2
5th Floor
Washing on, D.C. 20522-6001
Re: Freedom of Information Act R nest.
Pursuant to the Freedom of Information Act (hereinafter, "FOYA"), 5 U.S.C. 552, and its
501 School Street, SVO ? Suite 725 mashin4ton. DC QOOQ4 ? Tel: (goQ) 54g-5174 ? Fax: [phone]
 01/09/2006 1x:27 FAX [phone] JUDICIAL V9ATCH. INC.
regulations, we hereby request from the Executive Office of the President (EOP}, Office of
Administration (OA), National Security Agency (NSA), National Security Council (NSC), the
Central Intelligence Agency (CIA) Federal Aviatioaa Admministration (FAA) and the Federal
Burcau of Investigation (FBI) all correspondence, memoranda, documents, reports, records,
stateancnts, audits, lists of names, applications, diskettes, letters, expense logs and receipts,
calendar or diary logs, facsimile logs, telephone records, call sheets, tape recordings, video
recordings, notes, examinations, opinions, folders, files, books, manuals, pamphlets, fornns,
drawings, charts, photographs, electronic mail, and other documents and things, that refer or
relate to the following in any way:
1) FBI case notes which describe alleged 9-11 hijacker Zacarias Moussaoui as "the type
of person who was capable of flying an aircraft into the- World Trade Center".!
2) A "President's Daily Brief' which mentioned the possibility of terrorists, includxz~g but
not limited to, Osarna Bias Laden and/or AI-Qaeda, hijacking planes.
3) A Phoenix Arizona FBI agent's warning to his superiors, last summer (2001} that
Osama Bin Laden might be sending students to U.S. flight schools.
4) A memorandum from a Phoenix Arizona FBI agent regarding efforts by terrorists to
place students in American aviation schools.
5) Aanalysis of the memorandum from the Phoenix agent, done in FBI headquarters in
Washington AC and/or any other FBI office or field office.
6) All communication between President George W .Bush and/or Condoleezza Rice
and/or Secretary of State Colin Powell and/or CIA director George Tenet annd/or Secretary
of Defense Donald Rumsfeld and/or FBI Director Robert Mueller and/or Attorney
General John Ashcroft regarding the Phoenix memo and/or efforts by Oasama Bin Laden
to place students in American aviation schools.
7) The enrollment of Zacarias MoussaAUi in a Minnesota flight school,
8) Plans by Zacarias Moussaoui and/or Osama Bin Laden and/or Al-Qaeda and/or any
terrorist group to hijack airplanes.
9) Plans by Zacarias Moussaoui and/or Osama Bin Laden and/or Al-Qaeda and/or any
1 See Dsvid Mardn. "What Bush Knew Before Sepr.11," CBS News. May ~ 6, 2002; Flight School Merao Named
Bia Laden," CBS News. May 15, 2002; David Johnston. "Pre-Ausck Memo Cited Bm Laden," Tls? New York
7Ymes. May 15, 2002. Al-5_
 01/08/2008 1~:2T FAX [phone] JUDICIAL WATCH, INC.
terrorist group to fly airplanes into the World Trade Center,
10) New analytical units within the F.B.I., staffed with new personnel, as a result of the
Phoenix FBI memorandum.
I1) The decision to create the "Office of Intelligence" within the FSI.
12) An alert(s) issued to Government agencies regarding the possible threat of Osamu Bin
Laden and/or Al-Qacda and/or any terrorist group tsijaclcing airplanes, between February
1, 2001 to Octobar 31, 2001.
13) The decision not to make the alert(s) public.
14) The decision not to inform the public about the threat of Osamu Bin Laden andloz Al-
Qaedaand/or any terrorist group }uja,cking airplanes.
Thank you for your cxpccted cooperation in responding to our request in a timely manner,
which should be within 10 working days, as required under 32 C.F.R. ? 1900.34, 28 ? CFR 16.3
(d)(ii)(iv)(3), and 5 U.S.C. ? 552 (a)(~(E)(ii)(t), because tune is of the essence. ?he American
public deserves full disclosure of government forelmowledge of the September 112001 terror
attacks on America. Judicial Watch, through a variety of means and media detailed below aad
consistent with its legal and public education mission will rapidly aad efficiently disseminate the
information obtained under FOIA to the American people. In order to accomplish these aims, it
is critical that the American people have this request answered in a timely manner.
pursuant to the FOTA, if any portions of the requested documents are claimed to be
privileged, those portions which are not claimed to be privileged should be provided to the
undersigned. This should be done prior to the conclusion of the statutory 20-day period for
response. In addition, under the FOIA there is ~ absolute requirement to produce those
segregable portions of documents whiclx are not claimed to be privileged, as well as a list
("Vaughn. Index") that indicates by date, author,. general subject matter, and claims of privilege(s)
those documents, or portions thereof, which have been withheld or not provided Vau w.
Rosen 484 F.2d 820 (D.C. Cir 1973}, cert. denie 415 U.S. 977 (1974); Iglesias v. CeIltfal
Tntel ~ Ice Ag_~. 525 F. Supp. 547 (A.G 1981); see generally LaRocca v. State Faun Mut.
Auto. Ins.~~, 471r.RD. 278 (W.D. Pa. 1985).
 01/09/2006 1:27 FAa 202 646 5189 JUDICIAL WATCH, INC.
We note that President Clinton instructed agencies in October, 1993, to ensure
compliance with both tho spirit as well as the letter of the Act. See President Clinton's FOIA
Memorandum, U.S. Department of Justice, FOIA U date Summer/Fa111993, at 3. In addition,
Attorney General Ashcroft issued a FOIA Memorandum on October, 12, 1993, which inter alia
states "the ]~epartmcnt of Justice and this Adrniaistration are committed to full compliance with
the Freedom of T.nformation Act,.. It is only through a will-informed citizenry that the leaders of
our nation remain accountable to tlse governed and the Americanpeople can be assured that
noither fraud nor government waste is concealed." and orders "a presumption of disclosure." See
Attorney General Ashcroft's FOIA. Memorandum, U.S. Department of Justice, FOJA. Update.
Fa112000, at p. l .
Judicial Watch is entitled to a public interest fee waiver for this request. At 5 U.S.C.
? 552 (a) (4) (A) (iii), the FOIA sets forth a two prong test to determine whether a fee waiver
is appropriate. First, the disclosure must be in the public interest by contributing significantly
to the public's untd~erstanding of the operations of the government. Schrecker v. Deportment
ofJusttce, 970 F. Supp. 49, SO (D.D.C.1997); Fitzgibbon x Agencyforlnternational
Development, 724 F. Supp.1048, 1050 (D.D.C. 1989); Larsen v. Centrall'ntelligence Agency,
843 F.2d 1481,1483 (D.C. Cir.1988). Second, the disclosure must not be primarily in the
commercial interest pf the requester. Schrecker, 970 F. Supp. at 50; Fitzgibbon, 724 F.2d at
1050; Larson, 843 F.2d at 483.
Judicial Watch, Inc. is a Aot for-profit, non partisan, tax-exempt vrgaaization,
organized under Section 501 (c)(3) of the Internal Revenue Service Cade, which, as a public
interest law firm, specializes in, among other things, deterring, monitoring, uncovering, and
addressing public convption in government.
 01/09/2008 1x:27 FA% 202 648 5199 JUDICIAL F9ATCH. INC.
Judicial Watch, Inc. has no commercial purpose as a 501 (e)(3}not-fox profit organdzation. It
was organizod to improve the e?hical and legal standards in government, accountability of
government officials to the rule of law, and public understanding of government operations
and activities.
Judicial Watch, Inc. regularly requests materials under the Freedom of Information
Act ("FOIA'~ from a number of federal agencies relating to a variety of topics of public
coucesn, then disseminates this information through a variety of media.
Judicial Watch is a member of the media. 2 One of its main purposes is to
disseminate to the public information that exposes government activities that are contrary to
the law. Judicial Watch, Inc. uses several mech_A*+~~~ for the dissemination of the
information it acquires which ensures that the information will be quickly available to the.
public. Judicial Watch maintains au ljatemet site, www.JudicialWatch.org on which the
public can view and inspect, among other things, FOIA materials, press releases, responsive
documents, deposition transcripts anal court opinions. This website is viewed by over 20,000
people per day on average, and on several occasions, has logged up to 1,000,000 visitors in a
single day. Judicial Watch, ~inc.'s Chairman, President, and other employees of Judicial
Watch Inc. frequently appear on nation~aIly broadcast television and radio programs. Judicial
Watch is also a member of the National Religious Broadcast Association and is routinely
2 Ses Metraoraadum and Older, Judicial Warck. Inc. v. U.S. Department ofJustice, Civil Action No: 00-1396
(7R), November 16, 2000.
 01/09/2008 19:27 FAX [phone] JUDICIAL WATCH, INC.
iSBUed press CredentlalS by natioT]al COIIVentions.
Judicial Watch, Inc. produces live radio programs. "The Judicial Watch Report" airs
nationally once per week oa ~3 radio stations and the Internet. A separate, hour long, live
Spanish language "Judicial Watch Report" airs twice weekly, since September 2001, from
Miami, lilorida on WQBA -1140 AM. On October 29, 2001, Judicial Watch also began
broadea,sti~ng a two hour daily edition of the radio program "The Judicial Watch Report" on
the USA Radio Network, and on the Internet sites www.US.ARadio.com and
www. udicialWatch_o .
Judicial Watch also produces and broadcasts a twice weekly television program
concerning legal affairs also entitled the `"The Judicial Watch Resort," which is seen on the
Dish Network and the Liberty Network among others. The producer of the Judicial Watch
Report is Brian Dohariy, foxrnerly the producer for the television programs "The O'Reilly
Factor" and "The Drudge Report" ors the Fox News Channel.
Judicial Watch also works with other media organizations to publish new stories in the
public interest. Concerning its Enron investigation, 3udicial Watch received over 60 press
contacts on March 26, 2002 alone, and cooperated with other news organizations such as the
New York 1Ytnes, Associated Press, Reuters, Coz Newspapers, United Press International,
Knight Bidder, Chicago Trtbune, Houston Chronicle and the Los Angeles antes. A.s another
exampleb recently, as a result of FOTA litigation before this Court in Judicial Watch v.
 01/09/2006 19:28 FAX [phone] JTJDICIAL R'ATCH, INC.
n~ariment of Health and Human Services, C.A. No. 01-1043 (TPJ), Judicial Watch obtained
documents concerning the fiindraisung practices of Department of Health and Human Services
("DHFiS") Director Tommy Thompson, a Republican and former governor of Wisconsin.
Judicial Watch analyzed these documents, conducted additional research, and found that Mr.
Thompson was using his taxpayer finatteed office, in part, for fundraising activities on behalf
of Republicans and was malting his office available to donors wit}a interests before the DHIIS.
3udicial Watch subsequently shared its analysis, research, and copies of these documents with
a reporter from The Washington Past, a newspaper that is distributed nationwide, and an
article concerning these documents was subsequently published by the Washington Post. See
Attachment A - Al Kamen, "Photo-Op, Fends-OP, Suit-OP: ' Z'he YYashtngton Post, Nov. 30,
2001, A39.
rudicial Watch also publishes detailed periodic reports. On September 28,1998, for
example, Judicial Watch, Inc. released a publication entitled Tnt~:.m Report .on Crimes and
~ - ' "Fenses Committed by President Bill Clinton Wanantin His Iz~a eachment and
R val fro El ted ce. This 145-page report is accompanied by nearly 4,000 pages of
supporting documentation, and was crafted, impart, from the raw materials obtained by
Judicial Watch, Jnc. through responses to its FOIA requests. This is a distinct work and has
been widely disseminated to the public. On or around August 10, 1949,. Judicial Watch
released its Fi egaic Status R_ e~-2t-t, which is 136 pages long and is supported by nearly 1000
pages of exhibits. Another recent Judicial Watch publication is The Judicial Watch Florida
Reco an independent, non-partisan analysis of the results of Florida's hotly contested 2000
 01/09/2006 13:28 FAX [phone] JUDICIAL WATCH. INC.
Presidential election. This document was released on March 22, 2001. Judicial Watch's most
recent publication is e J 'cial 2002 "State o the Union" R Bush
Administration E*~^~ Enforcement' "A Failure of L ezsh? " published Febrasry 1, 2002.
Judicial Watch also publishes a monthly newsletter, which is sent to approximately
225,000 individuals. It also utilizes an E-mail Infonet scrrvice which sends out updates of
Judicial Watch's activities over the Internet on nearly a daily basis to 17,400 persons. Judicial
Watch also produces several press releases each week which are "blast faxed" to hundreds of
radio and television stations, as well as newspapers throughout the country.
Judicial Watch, Inc. is conducting an investigation into the September l ls' attack. The
documents sought in our FOIA request are material to our investigation. Tudicial Watch
intends to disseminate the responsive documents and information obtained from its
investigation and this FOIA request through its daily and weekly radio programs, its television
program, Internet website ,snd its newsletter. Judicial Watch is currently writing a special
report on the S eptember 11 ~' attacks that is to be published in the next few weeks.
Information sought is this request will be published in Judicial Watch's fortbcoming special
report. .
Judicial Watch also uses the documents and information from FOIA requests in public
events such as conferences, seminars and speeches. For example, in October of 2001, Judicial
 01/09/2006 15:28 FA% 202 648 5199 JUDICIAL WATCH, INC.
Watch held its third annual "Ethics in Government Conference" in Miami, Florida, Previous
conferences were held in Pasadena, California (1999), and Washington, DC (2000). Judicial
Watch, Inc. also intends to make the documents and irtfozmation obtained from this FOIA
request available to researchers, interns, colleges, universities and the media"
In short, Sudicial Watch's efforts to expose government corruption make news on almost
a daily basis, and it functions, in part, as a member of the media.
Indeed, there is an unequivocal public interest served by revealing the aforementioned
documents. The American people should be made aware of, among other things, reports,
investigations, decisions, waivers and findings of fact concerning govermnent forelaiowledge of
the September i l~' attack on America. According tv the stateu~ents by government officials,
including White House Press Secretary Ari Fleischer and FBI Director Robert Mueller, the
President of the United States was informed, via the "President's Daily Brief," that Osanaa Bin
Laden was plotting to hijack American airplanes, but firmly insist that none in government kflew
that the planes were to be used as missiles to crash into a building. The President reportedly put
government security agezteies on alert. The 1Qiowledge these officials claim stems from au FBI
memo written by a Phoenix based agent, The memo was given too little attention, according to
FBI directox Robert iVlueller, because the FBI lacked adequate analytical capabilities to evaluate
it, which has been remedied for the future by the creation of new departments within the Bureau,
including the "Office of intelligence:' The American public has a right to know 1} exactly how
much knowledge of a potendal terrorist attack their Government officials had beforehand, 2)
how they responded to a potential terrorism attack based on that knowledge, and 3) what steps
)nave been 'falcon to avert future intelligence and security failures. Un u 'onabl this is a
b eakin n ws ire th 's co tiauin to unfold in the ress. Future government action
and/or inaction in response to future foreknowledge of terrorist attacks could cost lives. This
request is a "life or limb" issue of the greatest urgency. This disclosure will significantly
 [~oi2
contribute to the public wnderstanding of the operations and activities of their govern~anent by
infornning them of how the government handles suspected terrorist attacks, This request is based
in part on news reports. See David Martin. "What Bush Knew Before Sept, 11," CBS News. May
16, 2002; Flight School Morro Named Bin Laden," C,BS News. May 15, 2002; David Sohnston.
"Pre-Attack Memo Cited Bin Laden," The New York Times. May 15, 2002. AI-5. Copies of
which are enclosed with this request.3
Without question, there is a compelling need for the public to understand how the
government responded to prior knowledge of potential airplaac hijackings by terrorists, which
turned out to be the most deadly attack of terrorism in history. Hence we submit this request.
Cleazly, information that exposes government activity that is contrary to the rule of law
wi]1 contribute significantly to the public's understanding of the operations and activities of
government. In fact, according to the Ogee of Management and Budget, Freedom of
Information Reform Act of 1986 - Unifor-n Freedom of Information Act Fee Schedule
Guidelines, $ 67(g), this is one of the categories of activity which courts have chazacterized as in
the public interest.
Congress has spokenclearly on this subject by amending FO1A so that it can "be liberally
construed in favor of waivers for noncommercial requesters" McClellan Ecological Seepage
Situation, at 1284 (quoting 132 Cong. Rec. 514298 (Sept.30,1986). The main purpose of the
amendment, according to Senator Leahy, was to prevent gamesmanship on the part of
govervnent agencies i.e., to `5remove'roadblocks and technicaiities which have been used by
various Federal agencies to deny waivers or reductions of fees wader FOIA," Xd (quoting 132
Cong. Rec. S 16496, October 15,1986).
3 See David Martin. "oVhst Bush Knew Before Sept. i i," CBS News. May 16, 2002; Flight School Memo NaAned
Bin Ladeq" CBS News. May 1 S, 2002; David Johnston. "Pre-Attack Memo Cited Bin Laden," The New York
T1~nes. May 15, 2002. Ai-5.
 01/09/2006 19:28 FAX [phone] JtiDICIAL WATCH, INC.
We request oarpeditious handlimg and immediate release of the requested
information in the public interest.
In accordance with 32 C.F.R. ? 1900.34 (c), 28 ? CFR 16.3 (d)(ii)(iv)(3), and S U.S_C. ?
552 (a)(6~(E)(ii)(n we submit this request be wanted ar~d expedited because the information is
urgently needed for dissemination so that the public m,ay be informed about actual or alleged
Federal C,overnment govemmcnt activity.
In addition, we find a compelling need for the requestcd information given that a
significant part of our operation involves disseminating anfoanation as a legitimate news source.
''Thus, we assert that the request concerns matters of widespread and exceptional media interests
in which there exist possible questions about the government's integrity (to include senior
govemment officials) which effect public confidence.
Judicial Watch certifies that in accordance with citation 32 C.F.R.. ? 1900.34 (c), 28 ?
CFR 16.3 (d)(ii)(iv)(3}, and 5 U.S.C. ? S52 {a)(6~(Exii)(n we have a compelling need fvr
information sought herein.
Release of the infomxation wiU promote confidence in our Constitutional Republic, and
contribute to flirtheriag the integrity of the American national government by deterring and/or
sanctioning corrupt activities. The failure to do so will likely result in the further compromise of
important interests of the ~Americaa people.
Sincerely,
nJDIC]'AL WATCH, INC_
 01/09/2006 13:26 FAX [phone] JLtDICIAL WATCH, INC.
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 01/09/2008 13:28 FAX [phone] JUDICIAL VYATCH, INC.
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