Initial Request

• Document Type: FOIA
• Collection: FOIA Collection
• Document Number (FOIA) /ESDN (CREST): 06158178
• Release Decision: RIPPUB
• Original Classification: U
• Document Page Count: 16
• Document Creation Date: July 11, 2023
• Document Release Date: February 17, 2022
• Case Number: F-2014-02028
• Publication Date: February 3, 2014

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01/21/14
Freedom of Information and Privacy Acts request:
To: Information and Privacy Coordinator
Central Intelligence Agency
Washington, DC 20505
This is a request for records under the Freedom of Information Act ("FOIA"), 5 U.S.C. � 552
and the Privacy Act, 5 U.S.C. � 552a. This request should be considered under both statutes
to maximize the release of records.
REQUESTER INFORMATION
Name: Jason Leopold
Address:
Emailj
RECORDS SOUGHT
I request disclosure of any and all records that were prepared, received, transmitted,
collected and/or maintained by the Director's Review Group for Rendition, Detention, and
Interrogation.
On March 16, 2009, then Director, Central Intelligence Leon Panetta announced the
formation of this review group and noted Peter Clement would lead this "unit." 1
The records I seek, should they exist include:
1. The Review Group's Charter
2. Dates, times and locations for public meetings
3. Detailed minutes and transcripts of each meeting
4. All records, reports, transcripts, minutes, appendixes, working papers, drafts, studies,
agenda, or other documents which were made available to or prepared for or by the Group.
5. Letters, memos, emails sent to members of the Senate Select Committee on Intelligence
by Review Group officials and letters, memos, emails the Review Group received from
Senate Select Committee on Intelligence members.
https://www.cia.gov/news-information/press-releases-statements/new-review-group-on-rendition-detention-
and-interrogation.html
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ADDITIONAL DESCRIPTIVE INFORMATION
[The New York Times editorial board, in a December 19, 2013 editorial headlined "Release
the Torture Report," noted that on December 17, 2013, during a confirmation hearing for
Caroline Krass before the Senate Select Committee on Intelligence, Sen. Mark Udall
revealed the "existence of an internal study done by the C.I.A. under [Director, Central
Intelligence John] Brennan's predecessor, Leon Panetta, that contradicted the agency's
response to the Senate study. Mr. Udall said he believed it was 'consistent with the
Intelligence's Committee's report.' Mr. Udall said: 'This raises fundamental questions about
why a review the C.I.A. conducted internally years ago � and never provided to the
committee � is so different from the C.I.A.'s formal response to the committee study." 2
Reuters reported on December 18, 2013, "The [CIA internal] report's existence was not
public knowledge until Udall questioned Krass during the hearing." 3
According to The Hill, Udall has threatened to put a hold on Krass's nomination to block it
until the CIA's secret study is provided to the Senate Intelligence Committee. Udall further
said, according to The Hill:
"[T]he agency's internal study confirms the findings of the Senate Intelligence panel's
6,000-page report criticizing the George W. Bush administration-era interrogation
techniques, despite the CIA's statements claiming the congressional report had factual
problems."
"It appears that this review, which was initiated by former Director [Leon] Panetta, is
consistent with the Intelligence Committee's report, but, amazingly, it conflicts with the
official CIA response to the committee's report," Udall said.
"And if this is true, it raises fundamental questions about why a review the CIA conducted
internally years ago and never provided to the committee is so different from the CIA's
formal written response to the committee's study." 4
2http://www.nytimes.com/2013/12/20/opinion/release-the-torture-reports.html? _r=0
3http://www.reuters.comjarticle/2013/12/18/us-usa-congress-cia-
idUSBRE9BHOOU20131218
4http://thehill.com/blogs/ballot-box/193483-sen-mark-udall-demands-cia-study-on-
torture
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The Internal Report Udall cited is believed to have been prepared by members of DCI's
Review Group.
The CIA's Rendition, Detention and Interrogation program (RDI) involved kidnapping
suspected terrorists and transporting them to secret CIA black site prisons around the
world and subjecting them to controversial interrogation techniques that human rights
groups said rose to the level of torture.
REQUEST FOR EXPEDITED PROCESSING
Under 32 C.F.R. 1900.34(c), a request is to be given expedited processing when "a
compelling need is established to the satisfaction of the Agency." A compelling need is deemed
to exist "[w]hen the request is made by a person primarily engaged in disseminating information
and the information is relevant to a subject of public urgency concerning an actual or alleged
Federal government activity." 32 C.F.R. 1900.34(c)(2).
I am seeking expedited treatment for this request.
1. The requested information is relevant to a subject of public urgency concerning an actual
or alleged Federal government activity.
The requested information involves an actual Federal government activity �the CIA's
detention and interrogation program � and there exists an urgent need to inform the public about
this activity. There is an urgent need for the information requested because the internal CIA
study requested may resolve possible questions about the government's integrity. A statement
by Vice President Joe Biden illustrates how questions about the CIA's detention and
interrogation program involve questions of integrity which affect public confidence. Speaking
about the program, he said: "I think the only way you excise the demons is you acknowledge,
you acknowledge exactly what happened straightforward." 5 He explained his position that issues
related to torture must be laid out before a country can move beyond them, citing the war crimes
committed in the Balkans and other acts of torture overseas. "The single best thing that ever
happened to Germany were (sic) the war crimes tribunals, because it forced Germany to come to
its milk about what in fact has happened. . . That's why they've become the great democracy
they've become." Id.
The issue of whether the CIA's interrogation and detention program resulted in valuable
intelligence, or has merely undermined public confidence and resulted in false confessions
continues to be a subject of fierce debate.
5 http://www.rollcall.cominews/biden_backs_public_disclosure_of torture_report-224389-1.html
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Additionally, the urgency of this request is underscored by the fact that military commissions
are currently taking place at Guantanamo involving five 9/11 suspects, including Khalid Sheikh
Mohammed ("KSM"), the alleged mastermind of the 9/11 attacks, and Abd al Rahim al Nashiri,
the alleged mastermind of the USS Cole bombing. Nashiri and KSM were held in secret prisons
operated by the CIA and were subjected to enhanced interrogation techniques described in the
Senate's report. Any mention of their treatment while in custody of the CIA has been ruled to be
off-limits by a military judge presiding over the tribunals, thereby depriving the public from
knowing whether their admissions to alleged crimes were tainted by torture.� The release of the
internal CIA study will help resolve that issue.
2. I am a person primarily engaged in disseminating information
I am a full-time member of the news media and as a contributor to Al Jazeera America,' an
Editor at Large for the online publication, The Public Record,8 and a widely published
independent investigative reporter who has had his journalism published in dozens of domestic
and international publications, I am a person primarily engaged in disseminating information.
3. Certification pursuant to 32 C.F.R. 1900.34(c)
I certi the f re oi and correct to the best of my knowledge and belief
ason eopo
INSTRUCTIONS REGARDING SEARCH
1. Instructions Regarding "Leads":
As required by the relevant case law, the CIA should follow any leads it discovers during
the conduct of its searches and perform additional searches when said leads indicate that
records may be located in another system. Failure to follow clear leads is a violation of
FOIA.
6 http://www.csmonitor.com/USA/Justice/2012/1212/9-11-trial-Any-mention-of-torture-is-
classified-military-judge-rules
7 http://america.aljazeera.com/profiles/l/jason-leopold.html
8 www.pubrecord.org
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2. Request for Public Records:
Please search for any records even if they are already publicly available.
3. Request for Electronic and Paper/Manual Searches:
I request that searches of all electronic and paper/manual indices, filing systems, and
locations for any and all records relating or referring to the subject of my request be
conducted. I further request that the CIA conduct a search of its "soft files."
4. Request for Search of Filing Systems, Indices, and Locations:
I request that the CIA conduct a search of all of its directorates. Specifically, I request that
the search conducted by the CIA include, but not be limited to, the following filing systems,
indices, and locations: Training Records; Center for the Study of Intelligence (CSI) Records;
CIA Declassifications Center (CDC) External Liaison Records; Manuscript Review Records;
Security Operations Records; Information Release Records; Official Personnel Files;
Personnel Security Records; Polygraph Records; Office of the Director Action Center
Records; Office of General Counsel Records; Congressional Liaison Records; Public Affairs
Records; Inspector General Research Records; Inspector General Investigation and
Interview Records; Office of the Deputy Director of Central Intelligence (DDCI) for
Community Management Records; Directorate of Science & Technology (DS&T) Private
Sector Contact Information; Alumni Communications Records; Directorate of Operations
Records; Academic and Business Contact Records; Customer Relations Records; Research
System Records; Intelligence Analysis Records; Guest Speaker Records; National
Intelligence Council (NIC) Records; Arms Control Records; CREST; employees' official files;
CIA's daily diary of its activity; and monthly progress reports.
Additionally, please search all of your indices, filing systems, and locations, including those
I have not specified by name and those of which I may not be aware.
5. Request regarding Photographs and other Visual Materials:
I request that any photographs or other visual materials responsive to my request be
released to me in their original or comparable forms, quality, and resolution. For example,
if a photograph was taken digitally, or if the CIA maintains a photograph digitally, I request
disclosure of the original digital image file, not a reduced resolution version of that image
file nor a printout and scan of that image file. Likewise, if a photograph was originally taken
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as a color photograph, I request disclosure of that photograph as a color image, not a black
and white image. Please contact me for any clarification on this point.
6. Request for Duplicate Pages:
I request disclosure of any and all supposedly "duplicate" pages. Scholars analyze records
not only for the information available on any given page, but also for the relationships
between that information and information on pages surrounding it. As such, though certain
pages may have been previously released to me, the existence of those pages within new
context renders them functionally new pages. As such, the only way to properly analyze
released information is to analyze that information within its proper context. Therefore, I
request disclosure of all "duplicate" pages.
7. Request for Search of Operational Files:
I request that in conducting its search, the CIA include "operational files," as that term is
defined in 50 U.S.C. � 431(b).
8. Request to Search Em ails:
Please search for emails relating to the subject matter of my request.
9. Request for Search of Records Transferred to Other Agencies:
I request that in conducting its search, the CIA disclose releasable records even if they are
available publicly through other sources outside the CIA, such as NARA.
10. Regarding Destroyed Records
If any records responsive or potentially responsive to my request have been destroyed, my
request include, but is not limited to, any and all records relating or referring to the
destruction of those records. This includes, but is not limited to, any and all records relating
or referring to the events leading to the destruction of those records.
INSTRUCTIONS REGARDING SCOPE AND BREADTH OF REQUESTS
Please interpret the scope of this request broadly. The CIA is instructed to interpret the
scope of this request in the most liberal manner possible short of an interpretation that
would lead to a conclusion that the request does not reasonably describe the records
sought.
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EXEMPTIONS AND SEGREGABILITY
I call your attention to President Obama's 21 January 2009 Memorandum concerning the
Freedom of Information Act, in which he states:
All agencies should adopt a presumption in favor of disclosure, in order to renew
their commitment to the principles embodied in FOIA [....] The presumption of
disclosure should be applied to all decisions involving FOIA.9
In the same Memorandum, President Obama added that government information should
not be kept confidential "merely because public officials might be embarrassed by
disclosure, because errors and failures might be revealed, or because of speculative or
abstract fears."
Finally, President Obama ordered that "The Freedom of Information Act should be
administered with a clear presumption: In the case of doubt, openness prevails."
Nonetheless, if any responsive record or portion thereof is claimed to be exempt from
production, FOIA/PA statutes provide that even if some of the requested material is
properly exempt from mandatory disclosure, all segregable portions must be released. If
documents are denied in part or in whole, please specify which exemption(s) is (are) claimed
for each passage or whole document denied. Please provide a complete itemized inventory
and a detailed factual justification of total or partial denial of documents. Specify the number
of pages in each document and the total number of pages pertaining to this request. For
"classified" material denied, please include the following information: the classification
(confidential, secret or top secret); identity of the classifier; date or event for automatic
declassification or classification review or downgrading; if applicable, identity of official
authorizing extension of automatic declassification or review past six years; and, if applicable,
the reason for extended classification beyond six years.
In excising material, please "black out" the material rather than "white out" or "cut out." I
expect, as provided by FOIA, that the remaining non-exempt portions of documents will be
released.
Please release all pages regardless of the extent of excising, even if all that remains are the
stationery headings or administrative markings.
In addition, I ask that your agency exercise its discretion to release records which may be
technically exempt, but where withholding serves no important public interest.
9 President Barack Obama, "Memorandum for the Heads of Executive Departments and Agencies,
Subject: Freedom of Information Act," 21 January 2009;

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ADDITIONAL INSTRUCTIONS REGARDING REQUEST
Please produce all records with administrative markings and pagination included.
Please send a memo (copy to me) to the appropriate units in your office to assure that no
records related to this request are destroyed. Please advise of any destruction of records
and include the date of and authority for such destruction.
FORMAT
I request that any releases stemming from this request be provided to me in digital format
(soft-copy) on a compact disk or other like media.
FEE CATEGORY AND REQUEST FOR A FEE WAIVER
I am willing to pay any reasonable expenses associated with this request, however, as the
purpose of the requested disclosure is in full conformity with the statutory requirements
for a waiver of fees, I formally request such a waiver. I request a waiver of all costs
pursuant to 5 U.S.C. �552(a)(4)(A)(iii) ("Documents shall be furnished without any charge
... if disclosure of the information is in the public interest because it is likely to contribute
significantly to public understanding of the operations or activities of the government and
is not primarily in the commercial interest of the requester."). Disclosure in this case meets
the statutory criteria, and a fee waiver would fulfill Congress's legislative intent in
amending FOIA. See Judicial Watch, Inc. v. Rossotti, 326 F.3d 1309, 1312 (D.C. Cir. 2003)
("Congress amended FOIA to ensure that it be 'liberally construed in favor of waivers for
noncommercial requesters.").
Under 32 C.F.R. 1900.13(b), "Records will be furnished without charge or at a reduced rate
whenever the Agency determines... (2) That it is in the public interest because it is likely
to contribute significantly to the public understanding of the operations or activities of the
United States Government and is not primarily in the commercial interest of the requester."
Should my request for a fee waiver be denied, I request that I be categorized as a member
of the news media for fee purposes pursuant to 32 C.F.R. 1900.02(h)(3). According to 5
U.S.C. � 552(a)(4)(A)(ii), which codified the ruling of Nat'l Security Archive v. Dep't of
Defense, 880 F.2d 1381 (D.C. Cir. 1989), the term "a representative of the news media"
means any person or entity that gathers information of potential interest to a segment of
the public, uses its editorial skills to turn the raw materials into a distinct work, and
distributes that work to an audience. This is consistent with the definition provided in 32
C.F.R. 1900.02(h)(3)
As the legislative history of FOIA reveals, "It is critical that the phrase 'representative of the
news media' be broadly interpreted if the act is to work as expected. ... In fact, any person
or organization which regularly publishes or disseminates information to the public...
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should qualify for waivers as a 'representative of the news media." 132 Cong. Rec. 514298
(daily ed. Sept. 30, 1986) (emphasis in original quotation); and 2) "A request by a reporter
or other person affiliated with a newspaper, magazine, television or radio station, or other
entity that is in the business of publishing or otherwise disseminating information to the
public qualifies under this provision." 132 Cong. Rec. H9463 (Oct. 8, 1986) (emphasis in
original quotation)). Therefore, in accordance with the Freedom of Information Act and
relevant case law, I, Jason Leopold, should be considered a representative of the news
media.
The CIA's regulations list six factors which the agency must consider in assessing whether a
requester is entitled to a fee waiver: "(i) Whether the subject of the request concerns the
operations or activities of the United States Government; and, if so, (ii) Whether the
disclosure of the requested documents is likely to contribute to an understanding of United
States Government operations or activities; and, if so, (iii) Whether the disclosure of the
requested documents will contribute to public understanding of United States Government
operations or activities; and, if so, (iv) Whether the disclosure of the requested documents
is likely to contribute significantly to public understanding of United States Government
operations and activities; and (v) Whether the requester has a commercial interest that
would be furthered by the requested disclosure; and, if so, (vi) Whether the disclosure is
primarily in the commercial interest of the requester." 32 C.F.R. 1900.13(b)(2). Because
the disclosure of the requested documents would contribute significantly to public
understanding of United States Government operations and activities and I do not have a
commercial interest in the requested disclosure, my request for a fee waiver must be
granted.
I. DISCLOSURE OF THE REQUESTED RECORDS IS IN THE PUBLIC INTEREST BECAUSE
IT IS LIKELY TO CONTRIBUTE SIGNIFICANTLY TO THE PUBLIC UNDERSTANDING
OF THE OPERATIONS AND ACTIVITIES OF THE GOVERNMENT.
A. The subject of the requested records concerns the operations and activities of the CIA
and broader government. The subject of the requested records concerns identifiable
operations and activities of the CIA and broader government, specifically the CIA's
controversial detention and interrogation program.
B. The disclosure is likely to contribute to an understanding of government operations and
activities because the disclosable portions of the requested records will be meaningfully
informative about those operations and activities. The vast majority of disclosable
information is not already in the public domain, in either a duplicative or a substantially
identical form, and therefore the disclosure would add substantial new information to the
public's understanding of the CIA's controversial detention and interrogation program.
The overwhelming preponderance of records I need to conduct my study are in the
possession of the CIA and not in the public domain.
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C. The disclosure of the requested records will contribute to the increased understanding
of a broad audience of persons interested in the subject, rather than merely my own
individual understanding. Further, I will be collaborating with professionals who have
great expertise in the subject area, and I have the ability and intention to effectively convey
information to the public.
As explained herein in more detail, the audience likely to be interested in the subject is
broad, and includes, historians of modern American government, politics, culture, and
national security; journalists reporting on American politics, government, national security,
and society; civil liberties attorneys; and the general public.
i) I firmly intend to analyze the requested records in order to facilitate significant
expansion of public understanding of government operations. I am well qualified to
perform this analysis.
I spent three and a half years as lead investigative reporter of Truthout.org, a nonprofit
newsroom. I am currently an investigative journalist under contract with Al Jazeera
America. As a regular contributor to Al Jazeera America, I cover Guantanamo, national
security, counterterrorism, civil liberties, human rights and open government. Additionally,
I am editor-at-large for The Public Record. My reporting has previously appeared in The
Nation, The Wall Street Journal, The Financial Times, Salon, CBS Marketwatch, The Los
Angeles Times, and numerous other domestic and international publications.
As should be clear from the above, I have the ability and firm intention to disseminate to the
public significant expansions of understanding of government operations based on my
analysis of the requested disclosures.
ii) Additional Note on Journalistic Research and the Public Interest:
The case law on this matter is emphatically clear that journalistic inquiry alone satisfies the
FOIPA public interest requirement. National Treasury Employees Union v. Griffin, 811 F.2d,
644, 649 (D.C. Cir. 1987).
Further, as articulated in the amendments to FOIA established by the OPEN Government
Act of 2007, I solidly meet the applicable definition of "a representative of the news
media[.]" The OPEN Government Act of 2007 established that for FOIA purposes,
'a representative of the news media' means any person or entity that gathers
information of potential interest to the public, uses its editorial skills to turn the
raw materials into a distinct work, and distributes that work to an audience.
552(a)(4)(A)(ii)
Based on my completed and firmly intended research, analysis, and information
dissemination activities detailed at length herein, I clearly satisfy this description.
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Further, the OPEN Government Act of 2007's definition of "a representative of the news
media" is taken nearly verbatim from language used by the United States Court of Appeals,
District of Columbia Circuit in the court's 1989 FOIA fee waiver-oriented ruling in National
Security Archive v. Department of Defense.o As the court also relatedly found in National
Security Archive v. Department of Defense, a requester need not already have published
numerous works in order to qualify as a representative of the news media. The court found
that the express "intention" to publish or disseminate analysis of requested documents
amply satisfies the above noted requirement for journalists to "publish or disseminat[e]
information to the public." National Security Archive v. Department of Defense, 880 F.2d
1386, (D.C. Cir, 1989). I have expressed a firm intention to continue disseminating
significant analysis of documents obtained through FOIPA requests. And I have
demonstrated my ability to continue disseminating significant analysis of documents
obtained through FOIPA requests.
Therefore, in that I am "person or entity that gathers information of potential interest to
the public, uses its editorial skills to turn the raw materials into a distinct work, and
distributes that work to an audience," I solidly meet the applicable definition of "a
representative of the news media." As such, I have again more than satisfied the
requirement for a fee waiver.11
D. The disclosure of the requested records is likely to contribute "significantly" to public
understanding of government operations and activities because disclosure would enhance
to a significant extent the public's understanding of the subject in question as compared to
the level of public understanding existing prior to the disclosure
i) See above Section I.
10 The language in National Security Archive v. Department of Defense reads, "A representative of the
news media is, in essence, a person or entity that gathers information of potential interest to a
segment of the public, uses its editorial skills to turn raw materials into a distinct work, and
distributes that work to an audience." National Security Archive v. Department of Defense, 880 F.2d
1381, 1387 (D.C. Cir, 1989).
11 Though the courts have subsequently narrowed the applicability of the National Security Archive
v. Department of Defense ruling in terms of requirements to qualify as a representative of the news
media (most notably in Judicial Watch, Inc. v. United States Department OfJustice), I still solidly
satisfy even this narrowed understanding of "representative of the news media." In contrast to
Judicial Watch, I have clearly demonstrated a firm intention to disseminate to the public my
analysis of requested information. I have identified articles, an exhibit, and a book within which I
firmly intend to, and in some cases already have, disseminated my analysis of requested
information. I have identified other news media representative whom I have already fruitfully
provided my analysis of requested information, and with whom I firmly intend to continue
collaborating on future disseminations of requested information. Ultimately, in contrast to Judicial
Watch, which the court found to "merely make available the requested information," I have
established "a firm intention to disseminate" my analysis of the requested information. See Judicial
Watch, Inc. v. United States Department of Justice, 185 F.Supp. 2d 54,59 (D.D.C. 2002).
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ii) As noted above, the overwhelming preponderance of records I need to conduct my study
are in the possession of the CIA and not in the public domain.
II. DISCLOSURE OF THE INFORMATION IS NOT PRIMARILY IN MY COMMERCIAL
INTEREST.
Any commercial interest that I have which would be furthered by the requested disclosure
is de minimis.
I am requesting the release of records to analyze for use in the dissemination of news
articles. Though journalists do get paid for writing news articles, payment is not the
primary purpose for which such work is conducted. As the D.C. Circuit explained in
National Treasury Employees Union v. Griffin, 811 F.2d, 644, 649 (D.C. Cir. 1987), "While
private interests clearly drive journalists (and journals) in their search for news, they
advance those interests almost exclusively by dissemination of news, so that the public
benefit from news distribution necessarily rises with any private benefit. Thus it is
reasonable to presume that furnishing journalists with information will primarily benefit
the general public[.]"
The disclosure of records will significantly benefit the public interest, and this benefit to
the public is of vastly greater magnitude than my minimal commercial interest.
The disclosure of records will significantly benefit the public interest, and this benefit to the
public is of vastly greater magnitude than my minimal commercial interest.
Additionally, the courts and the legislature have been deeply invested in ensuring that
FOIPA duplication and search fees are not used by government agencies to deliberately or
otherwise thwart legitimate scholarly and journalistic research:
This was made clear in Better Government Ass'n v. Department of State, in which the court
ruled that, "The legislative history of the fee waiver provision reveals that it was added to
FOIA 'in an attempt to prevent government agencies from using high fees to discourage
certain types of requesters, and requests,' in particular those from journalists, scholars and
nonprofit public interest groups." Better Government Ass'n v. Department of State, 780 F.2d
86, 89 (D.C. Cir. 1986).
This point is further elaborated in Ettlinger v. FBI,
The legislative history of the FOIA clearly indicates that Congress intended that the
public interest standard for fee waivers embodied in 5 U.S.C. � 552(a)(4)(A) be
liberally construed. In 1974, Congress added the fee waiver provision as an
amendment to the FOIA in an attempt to prevent government agencies from using
high fees to discourage certain types of requesters and requests. The 1974 Senate
Report and the sources relied on in it make it clear that the public interest/benefit
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test was consistently associated with requests from journalists, scholars and non-
profit public interest groups. There was a clear message from Congress that "this
public-interest standard should be liberally construed by the agencies." The 1974
Conference Report, in which differences between the House and Senate
amendments were ironed out, retained the Senate-originated public-interest
fee waiver standard and further stated "the conferees intend that fees should not
be used for the purpose of discouraging requests for information or as obstacles to
disclosure of requested information." Further evidence of congressional intent
regarding the granting of fee waivers comes from a 1980 Senate Subcommittee
report. The report stated that "excessive fee charges ... and refusal to waive fees in
the public interest remain ... 'toll gates' on the public access road to information."
The report noted that "most agencies have also been too restrictive with regard to
granting fee waivers for the indigent, news media, scholars ..." and recommended
that the Department of justice develop guidelines to deal with these fee waiver
problems. The report concluded: The guidelines should recommend that each
agency authorize as part of its FOIA regulations fee waivers for the indigent, the
news media, researchers, scholars, and non-profit public interest groups. The
guidelines should note that the presumption should be that requesters in these
categories are entitled to fee waivers, especially if the requesters will publish the
information or otherwise make it available to the general public.
The court, in its Ettlinger v. FBI decision, continued that on 18 December 1980, a
policy statement was sent to the heads of all federal departments and agencies
accompanied by a cover memorandum from then United States Attorney General
Civiletti which stated that he had "concluded that the Federal Government often
fails to grant fee waivers under the Freedom of Information Act when requesters
have demonstrated that sufficient public interest exists to support such waivers."
The Attorney General went on to state: Examples of requesters who should
ordinarily receive consideration of partial fee waivers, at minimum, would be
representatives of the news media or public interest organizations, and historical
researchers. Such waivers should extend to both search and copying fees, and in
appropriate cases, complete rather than partial waivers should be granted.
HI. ALTERNATIVELY, THE AGENCY SHOULD EXERCISE ITS DISCRETION TO GRANT A
FEE WAIVER.
Although I am entitled to a waiver of fees under 32 C.F.R. 1900.13(b)(2), even if I were not
entitled to fees under that provision the agency should grant me a fee waiver in the
exercise of its discretion. Pursuant to 32 C.F.R. 1900.13(b)(1), "as a matter of
administrative discretion, the interest of the United States Government would be served."
The agency should exercise its discretion here to award a fee waiver because release of the
documents would be in the interest of the United States Government for the reasons stated
above.
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IV. CONCLUSION.
As demonstrated above, the disclosure of the requested records will significantly
contribute to expanded public understanding of government operations. I have the intent
and ability to disseminate this significant expansion of public understanding of government
operations. The public interest in this significant expansion of public understanding of
government operations far outweighs any commercial interest of my own in the requested
release. Accordingly, my fee waiver request amply satisfies the rules of 32 C.F.R.
1900.13(b). Legislative history and judicial authority emphatically support this
determination. For these reasons, and based upon their extensive elaboration above, I
request a full waiver of fees be granted. I will appeal any denial of my request for a waiver
of fees, and I will take the issue to the courts if necessary.
***
Please do not hesitate to contact me if you have any questions concerning this request.
/Jason Leopold\
d attention to this matter.
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News Et Information
Home (/) News & Information Unews-information)
Press Releases & Statements (Mews-information/oress-releases-statements)
Message from the Director: New Review Group on Rendition, Detention, and Interrogation
Message from the Director: New
Review Group on Rendition,
Detention, and Interrogation
R SS (/news-information/vour-news)
Statement to Employees by Director of the Central Intelligence Agency Leon E. Panetta
on the New Review Group on Rendition, Detention, and Interrogation
March 16,2009
By Executive Order, President Obama established in January an inter-agency process to
examine US Government policy options for detaining, questioning, and transferring
suspected terrorists. As Director, lam part of that effort, which will, as we move forward, help
fashion our country's approach to these critical issues.
Earlier this month, the Senate Select Committee on Intelligence announced a major review of
CIA's past practices in terrorist detention and interrogation. As I told you then, the Chairman
and Vice Chairman of the Committee have assured me that their goal is to draw lessons for
future policy decisions, not to punish those who followed guidance from the Department of
Justice. That is only fair.
Because these different efforts will require large volumes of old information�much of it
overlapping�I am creating a Director's Review Group for Rendition, Detention, and
Interrogation. Peter Clement, a senior leader from our Directorate of Intelligence, will head
this new unit, which will have a small number of officers from across the Agency, including
the National Clandestine Service.
I have also asked former Senator VVarren Rudman to serve as my Special Adviser on the
Senate inquiry. He knows intelligence and counter-terrorism, and he has a strong, bipartisan
reputation.
CIA's input will be crucial to these important projects in the Executive and Legislative
Branches. In each case, the Agency's voice must be heard. The Review Group will assemble
data and formulate coordinated positions on the complex, often controversial, questions that
define rendition, detention, and interrogation. Although it will need the cooperation of many
here at CIA, one aim of the Review Group is to minimize the burdens imposed on our
counter-terrorism cadre, who must remain focused on their mission.
Ultimately, we are now being asked to do what our Agency has done for years�to help our
country adapt its strategy and refine its tactics, even as operations continue against al-Qa'ida
and its allies. Let me be clear: CIA is fully engaged in the business of collecting intelligence
on terrorist plots, including through debriefings. We do so under the laws and policies now in
place. We remain on the offensive against al-Qa'ida and other terrorist groups. This will not
letup.
The safety of the American people depends on our ability to learn lessons from the past while
staying focused on the threats of today and tomorrow. I know that the men and women of CIA
are equal to that task.
Leon E. Panetta
Historical Document
Posted: Mar 17, 2009 09:04 AM
Last Updated: Apr 29, 2013 01:13 PM
PRESS RELEASE ARCHIVE
� 2013 (Mews-information/Dress-
releases-statements/2013-press-
releases-statements/index)
� 2012 (Mews-information/Dress-
releases-statements/2012-nress-
releasese-statementsimdex)
� 2011 I/news-information/press-
releases-statementsharess-
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