Skip to comments.Delivering The FOIA Requests (Howard Dean's latest foolishness)
Posted on 01/06/2006 10:26:12 AM PST by jhouston
Shortly after the New York Times publicized the president's domestic-spying-without-a-warrant program, over 160,000 Americans signed a Freedom of Information Act Request along with Governor Dean in an attempt to determine just why President Bush believed he had the authority to undermine the Constitution. Earlier today Joe Sandler, DNC attorney, delivered each and every one of those FOIA requests to the Department of Justice.
Would someone more talented than I please follow the link and post the picture following the article. The grin on this guys face is priceless.
There you go.
Send the NSA a customized stamp:
"Your FOIA request has been denied. You're stuck on stupid."
What a totally useless human being.
Less work yet, have Congress repeal the FOIA. Then the NSA and others wouldn't even have to prepare a perfunctory reply.
totally useless human being.unused bag of manure
Hmmm, I wonder if they'll post the names and address of those who signed requests just like they did with those of us who signed the petition to get gay marriage before the citizens of Massachusetts for a vote? Somehow, I doubt it ... Of course, there aren't questions about whether or not any of THESE signatures are fake.
Freedom of Information Act Handbook
The FOIA generally provides that any person has a right, enforceable in court, of access to federal agency records, except to the extent that such records (or portions thereof) are protected from disclosure by one of nine exemptions.
The goal of the FOIA office at NSA is to release as much information as possible, consistent with the need to protect information under the exemption provisions of the law. Where discretionary releases can be made without causing harm, the Deputy Director of Policy, as the initial denial authority, and the NSA Deputy Director, as the appeal authority, use their discretion to release information even where an exemption may be available. The FOIA exemptions used by NSA to protect information are exemptions one through seven. The eighth and ninth exemptions do not pertain to the missions and functions of NSA.
Because of the sensitivity of NSA's functions and activities, the most often cited exemptions are (b)(1) (national security information) and (b)(3) (exemption by statute). The statutes most often applied to the protection of information are the following:
- Section 6 of the National Security Agency Act of 1959 (Public Law 86-36, 50 U.S.C. Sec. 402 note), which provides that no law shall be construed to require the disclosure of, inter alia, the functions or activities of NSA;
- the National Security Act, 50 U.S.C. Sec. 403-3(c)(6), which protects information pertaining to intelligence sources and methods; and
- 18 U.S.C. Sec. 798, which prohibits the release of classified information concerning communications intelligence and communications security information to unauthorized persons.
- Two other statutes which may pertain to NSA information are 10 U.S.C. 130, which allows for the withholding of any technical data with military or space application if such data may not be exported lawfully outside the United States without approval, authorization, or license under the Export Administration Act of 1979 or the Arms Export Control Act; and 10 U.S.C. 2305(g), which prohibits the release of a contractor proposal submitted in response to a competitive bid unless the proposal is set forth or incorporated by reference in a contract. At NSA, proposals typically are not incorporated by reference or set forth in contracts resulting from competitive procurements.
And not to rain on your moon-bat parade but there's this little requirement...
A proper FOIA request is one in which an individual seeks records of an agency. The request should be as specific as possible to ensure an accurate and focused search for responsive material. A request that does not reasonably describe records cannot be processed, and the requester will be asked to clarify the subject of the request. In addition, a requester may be assessed fees for the processing of a request in accordance with 5 U.S.C. 552(4)(A)(ii) and Department of Defense Regulation 5400.7-R. The FOIA does not compel government agencies to answer substantive questions, and such requests will not be acknowledged by the FOIA Office.
So ya see Howie, you just can't send a letter, or a 160,000, saying "give me all your 'stuff'."
In addition to prohibitions on disclosure of the subject matter, I believe that FOIA provides that abusive and duplicative requests can be denied.
Hey just think the more time Dr. Demento spends with the lefts favorite agitprop games that are the usual symbolism over substance the less time he has to actually do the only thing his job requires and that's to raise money. The DNC is falling woefully behind in their fundraising under Dr. Dememnto. Gee I wonder why? Bawahahahaha
Justice will have to task them to NSA. it is hard to tell if these are 160,000 separate requests, or 160,000 signatures to a single request. This is a perversion of the FOIA process. If they are separate requests where everyone signed a form letter, then it would be one consolidated into one search and letter of denial that would then be duplicated to each person inquiring.
The DNC more and more resembles a cult instead of a political party. Unfortunately, if the GOP fumbles too many times, the Democrats will eventually pick up the ball and score points.
Ms. Elizabeth Farris
Office of Legal Counsel
950 Pennsylvania Ave., N.W.
U.S. Department of Justice
Washington, D.C. 20530-2038
Re: Freedom of Information Act Request
Dear Ms. Farris:
This letter constitutes a request under the Freedom of Information Act, 5 U.S.C. §552 ("FOIA"), and is submitted by the undersigned individuals who are concerned about the Bush Administration's reported decision to undertake a massive program of spying on American citizens in apparent violation of the law and the Constitution.
President Bush stated on December 19 that his legal authority to have the National Security Agency conduct such spying derives from his inherent constitutional powers and from the congressional authorization for the use of military force in Afghanistan. Of course, these assertions made no sense, in view of the express statutory provisions of the Foreign Intelligence Surveillance Act of 1978, 50 U.S.C. §§1801 et seq. that flatly prohibit any such spying without a court order. It is the duty of your Office to advise the President on precisely such questions relating to his constitutional and statutory authority. The American people certainly have a right to know whether the President has knowingly acted in blatant violation of the law or believed he was acting within the law based on advice of your office.
- We therefore request all documents in the possession, custody or control of the Office of Legal Counsel, prepared on or after January 20, 2001, referring, relating to or discussing the authority of the President of the United States to authorize any agency of the U.S. Government, including but not limited to the National Security Agency, to conduct electronic surveillance of a United States person, as defined in FISA, 50 U.S.C. §1801(i), or where there is a substantial likelihood that the surveillance will acquire the contents of a communication to which such a United States person is a party, without obtaining a court order as required by FISA.
We urge you, in considering this request, to forego invoking Exemption 5 to FOIA allowing the government to withhold documents based on deliberative process or attorney-client privilege. In these exceptional circumstances, where the President of the United States may have acted in gross disregard of the law and the Constitution, the stakes for the American people are too high for the Bush Administration and the Department of Justice to hide behind legal privileges as an excuse for withholding these documents.
The undersigned requestors fall in the category of "other requestors" for purposes of FOIA and the Department's FOIA fee regulations. On behalf of the undersigned requestors, the Democratic National Committee will pay any fees for searching or copying the requested records.
We look forward to your response within twenty (20) working days as the law requires. If you have any questions or need any further information concerning this request, please contact the first signatory below, Governor Howard Dean. Thank you for your prompt attention to this important matter.
Governor Howard Dean
430 South Capitol Street SE
Washington, DC 20003
Posted by lw on January 5, 2006 at 03:40 PM
YAY!!!! Thanks for the UPdate Tim! And in pictures! Democrats ROCK!
Posted by Dawnelle on January 5, 2006 at 04:24 PM
I have said it so many times, I love our Democrats! They have good and honest hearts and it is paying off, with God!
Watch our suggestions start to sink in and bring forth fruits suitable for the people of our Nation.
I believe we are doing all the right things to put us back in the Majority for good!
Posted by freeforall on January 5, 2006 at 04:49 PM
yeah, this is what democracy looks like! thank you, howard, joe, tim et al.
beautiful photos. thanx for keeping us posted.
Posted by fade2bluz on January 5, 2006 at 07:02 PM
Time to force Spy Boy Bush to come clean!
Posted by rjsnj on January 5, 2006 at 07:57 PM
Governor Dean looks so happy in those photos.That's what I like to see.
Posted by FreedomOfSpeech on January 6, 2006 at 02:13 AM
Posted by Sarah1 on January 6, 2006 at 12:52 PM
It's about time we start to challenge them up!!!
Thanks for the good work!
Gee, they sorta sound like FRepers in reverse, don't they?
Wonder if this reply will be pulled?
Speaking of moonbats, get a load of this response on the Democratic web site section where Howie is delivering the requests:
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