Initial Request

• Document Type: FOIA
• Collection: FOIA Collection
• Document Number (FOIA) /ESDN (CREST): 06185121
• 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: April 16, 2014

Approved for Release: 2021/12/06 C06185121 F� oi y 0/ 3 GI
FOIA Request ID: 2975
FOIA Request submitted by:
Mr. Jason Leopold
Submitted on: April 15, 2014 : 19:39 - America/New_York
Investigative Journalist
United States
Request:
Dear FOIA Analyst,
(b)(3)
(b)(6)
This is a request for records under the Freedom of Information Act (FOIA), 5 U.S.C. 552, et seq. I am
seeking a copy of a memo written by former CIA Director Leon Panetta on April 9, 2009 referring to
new interrogation policies, a copy of which was sent to the House and Senate Intelligence
Committees. The New York Times wrote about this memorandum in a report published on the same
day. Here is a link to The New York Times report:
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Approved for Release: 2021/12/06 C06185121
http://www.nytimes.com/2009/04/09/world/1Odetain.html
The Times noted, "Mr. Panetta's statement, along with a classified letter about interrogation policy
that he sent Thursday to the Senate and House intelligence oversight committees, underscored the
new administration's sharp break with one of the most controversial programs of the Bush
administration."
If you deny all or part of this request, please cite the specific exemptions you believe justify your
refusal to release the information or permit the review and notify us of your appeal procedures
available under the law. In excising material, please "black out" rather than "white out" or "cut out."
In addition, I draw your attention to President Obama's 21 January 2009 Memorandum for the Heads
of Executive Departments and Agencies, directing federal agencies to adopt a presumption in favor of
disclosure and stating 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."
I am a widely published independent investigative reporter and a current contributor to Al Jazeera
(http://www.aljazeera.com/profilenason-leopold-.html). In addition, I am the Editor at Large for the
online publication, The Public Record (www.pubrecord.org). I have also had my journalism published
in dozens of domestic and international publications.
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[ j 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,
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Approved for Release: 2021/12/06 C06185121
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.
Please ensure that, in accordance with the DC Circuit's ruling in Chambers v.
Dept of the Interior, 568 F.3d 998 (D.C. Cir. 2009), all records potentially responsive to this FOIA
request are immediately preserved from destruction until the final resolution of this FOIA action.
Destruction of potentially responsive records after the receipt of a FOIA request is considered
"contumacious conduct" by the DC Circuit. See id. at 1004.
Your agency is required by law to respond to this request within 20 working days. Failure to timely
comply may result in the filing of a civil action against your agency in a United States District Court.
Please provide any records produced in response to this request in electronic
(soft-copy) form. Your cooperation in this matter would be appreciated. If you wish to discuss this
request, please do not hesitate to contact me.
Kind regards,
Jason Leopold
Fee Waiver:
I am a widely published independent investigative reporter and a current contributor to Al Jazeera
(http://www.aljazeera.com/profile/jason-leopold-.html). In addition, I am the Editor at Large for the
online publication, The Public Record (www.pubrecord.org). I have also had my journalism published
in dozens of domestic and international publications.
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.
Approved for Release: 2021/12/06 C06185121
Approved for Release: 2021/12/06 C06185121
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.
Approved for Release: 2021/12/06 C06185121