Initial Request

• Document Type: FOIA
• Collection: FOIA Collection
• Document Number (FOIA) /ESDN (CREST): 06173690
• Release Decision: RIPPUB
• Original Classification: U
• Document Page Count: 4
• Document Creation Date: July 11, 2023
• Document Release Date: February 17, 2022
• Case Number: F-2014-02028
• Publication Date: March 24, 2014

Approved for Release: 2021/12/06 CI061-73ce."51 I 0 (17
FOIA Request ID: 2811
FOIA Request submitted by:
Mr. Jason Leopold
Submitted on: March 21, 2014: 19:51 - America/New_York
Investigative Journalist
United States
Request:
3/__/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:
Email:
BACKGROUND INFORMATION
This request relates to an ongoing dispute between the Central Intelligence
Agency (CIA) and the Senate Select Committee on Intelligence (SSCI) over the
SSCI's review of the CIA's former Detention and Interrogation Program.
The CIA and SSCI reached an agreement which would permit SSCI staffers to
review CIA documents at a secure CIA facility in Virginia. A written
agreement or series of agreements specified the parameters regarding the
staffers' access to CIA documents.
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The CIA has alleged that SSCI staffers illegally removed a document known as
the Panetta Internal Review.
Senator Feinstein, Chair of the SSCI, has alleged that the CIA violated its
written agreement with the SSCI and possibly violated criminal laws by
searching SSCI computers located at the CIA facility in Virginia.
RECORDS SOUGHT
I request copies of any and all talking points (in draft and final form) and
any and all guidance issued to the CIA's Office of Public Affairs about the
ongoing dispute between the Central Intelligence Agency (CIA) and the Senate
Select Committee on Intelligence (SSCI) over the SSCI's review of the
CIA's former Detention and Interrogation Program and any and all records
that relate or refer to the talking points or guidance.
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 the agency's
interaction with its congressional overseers who scrutinized this 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 records at
issue may resolve possible questions about whether a constitutional crisis is
now at stake between the Senate Select Committee on Intelligence and the CIA.
In a dramatic speech on the Senate floor on March 11, 2014, Senate Select
Committee on Intelligence Chairwoman Dianne Feinstein in no uncertain terms
accused the CIA of obstructing the Senate committee's review of the CIA
interrogation and detention program. Senator Feinstein also said the search
the CIA conducted of Senate investigators' computers "may well have
violated the separation of powers principle embodied in the United States
Constitution, including the speech and debate clause." Further, she said
the CIA's actions may have undermined the constitutional framework
essential to effective congressional oversight of intelligence activities or
any other government function."
Senator Lindsey Graham characterized the CIA's actions as "Richard Nixon
stuff" and "dangerous to democracy and said "heads should roll" and
"people should go to jail if it's true."
House Minority Leader Nancy Pelosi said the CIA's behavior is in this
dispute is a "matter of great seriousness" and ought to be of great
concern to everyone. She added that when you take on the CIA "they come
after you and don't always tell the truth."
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Additionally, the urgency of this request is underscored by the fact that yet
another investigation directly connected to the dispute has been launched. On
Thursday, March 20, 2014, Senate Majority Leader Harry Reid revealed that he
has ordered the Senate's sergeant-at-arms to investigate how Senate
staffers obtained internal CIA records at the center of the controversy that
CIA Director John Brennan said was not authorized for release to Congress.
Moreover, the declassification of the Senate study appears to be held up by
the fact that the Intelligence Committee is engaged in this dispute with the
CIA. Currently, 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 records revolving around the Senate
controversy will help shed much needed light on what role the CIA has played
in keeping this Senate report under wraps and whether the controversy
surrounding the issue is connected to the military tribunals.
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,
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 certify the foregoing to be true and correct to the best of my knowledge
and belief.
Jason Leopold
Fee Waiver:
I am a widely published independent investigative reporter and a current
contributor to Al Jazeera America
(http://america.aljazeera.com/profiles/l/jason-leopold.html). I have also had
my journalism published in dozens of domestic and international publications.
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According to 5 U.S.C. 552(a)(4)(A)(ii), codifying the ruling of Nat'l
Security Archive v. Dept 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.
I have a clear intent to "publish[ ] or otherwise disseminate[ ] information
to the public." Id. at 1386 (quoting the following legislative history: 1) 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 ... should qualify for waivers as a "representative of the news
media." 132 Cong. Rec. S14298 (daily ed. Sept. 30, 1986) (emphasis in
original quotation); 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 and as such I am also
requesting a public interest fee waiver.
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