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Records Created to Process a FOIA Request
July 14, 2015
11:59 am
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magonia17
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In recent years many agencies have used the deliberation clause to withhold certain internal processing documents and provided the necessary exemptions via the FOIA. Yet recently I asked the OSD/DOD for all records created during the processing of one of my requests. They replied with my own correspondence, their correspondence to me and a FOIA/PA Assignment Worksheet.

Yet their response to me was quite detailed from the Deputy Director William Brazis, so how did he know this information, without consulting other agencies like USNORTHCOM? Yet A short time ago I contacted the DOD/OSD Appeals office and they stated they have to correspond with other agencies in order to produce a final statement, so where in the hell are those correspondence, in a separate file perhaps, not related to the FOIA request file? Devious tactics I say, or just plain bureaucratic processes maybe.

July 14, 2015
3:02 pm
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John Greenewald
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I believe you do have to specifically ask for the e-mails generated/created during the processing of a request as they are not part of the administrative case file. If requesting simply the FOIA Case File, many times, they only include their worksheets, internal notes in PAL systems, your letters, their letters, etc. etc., but not search email boxes of their FOIA officers, unless it's requested.

Of course, they SHOULD! But, unfortunately, when you ask for 2, they only give 2. They never say "I think they'd want 3."

Sincerely,

 

John Greenewald, Jr.
The Black Vault
http://www.theblackvault.com

July 14, 2015
3:43 pm
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magonia17
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John Greenewald said
I believe you do have to specifically ask for the e-mails generated/created during the processing of a request as they are not part of the administrative case file. If requesting simply the FOIA Case File, many times, they only include their worksheets, internal notes in PAL systems, your letters, their letters, etc. etc., but not search email boxes of their FOIA officers, unless it's requested.

Of course, they SHOULD! But, unfortunately, when you ask for 2, they only give 2. They never say "I think they'd want 3."

It is how you word your request. If you ask for all correspondence and documents created it should include electronic after all one of the documents is in PDF format if that isn't electronic I don't know what is.

July 14, 2015
4:02 pm
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John Greenewald
North Hollywood, California
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"SHOULD" is the key word 🙂

Sincerely,

 

John Greenewald, Jr.
The Black Vault
http://www.theblackvault.com

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