Via E-mail :
FOIA request 08-1494
Ms. Graham,
In your final "final response" to my Freedom of Information Act (FOIA) request for "the documents and final determinations of the investigations" of the four closed investigations based on complaints made by myself or on my behalf.
Due to the poor punctuation in the response I can only assume the BATFE disclosure division meant to cite the following, which BATFE contends is exempt from disclosure under the Title 5, United States Code, Section 552(b):
b(5) inter-agency or intra-agency memoranda or letter which would not be available by law to a party other than an agency in litigation with the agency;
b(6) personnel and medical files and similar files, the disclosure of which would constitute a clear and unwarranted invasion of personal privacy;
It's a bit hard to envision b(6) as being applicable, as I never asked for personnel or medical files. BATFE can probably justify at least some of b(5); however, I don't see how the disclosure division can lawfully withhold the results of the investigations as I originally requested in September.
This is obvious stonewalling. It appears you are parsing words of the law to prevent the results of the investigations from becoming known. Your office clearly stated: "We are transferring these documents to that federal agency..." In other words your disclosure division admits it had the documents and got rid of them to prevent from complying with my lawful FOIA request? Perhaps another FOIA asking for a budget breakdown of how much money your office and the BATFE spent in man hours and all other expenses while responding to my FOIA request 08-1494 is in order? I would think the results of that would be of great interest to the U.S. Inspector General, the honorable Glenn Fine.
Ms. Graham, please respond to my original FOIA request for "the documents and final determinations of the investigations".
Respectfully,
Len Savage
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Ain't that something? And note when they want records, they just come in, armed, and seize them.--DC
FOIA request 08-1494
Ms. Graham,
In your final "final response" to my Freedom of Information Act (FOIA) request for "the documents and final determinations of the investigations" of the four closed investigations based on complaints made by myself or on my behalf.
Due to the poor punctuation in the response I can only assume the BATFE disclosure division meant to cite the following, which BATFE contends is exempt from disclosure under the Title 5, United States Code, Section 552(b):
b(5) inter-agency or intra-agency memoranda or letter which would not be available by law to a party other than an agency in litigation with the agency;
b(6) personnel and medical files and similar files, the disclosure of which would constitute a clear and unwarranted invasion of personal privacy;
It's a bit hard to envision b(6) as being applicable, as I never asked for personnel or medical files. BATFE can probably justify at least some of b(5); however, I don't see how the disclosure division can lawfully withhold the results of the investigations as I originally requested in September.
This is obvious stonewalling. It appears you are parsing words of the law to prevent the results of the investigations from becoming known. Your office clearly stated: "We are transferring these documents to that federal agency..." In other words your disclosure division admits it had the documents and got rid of them to prevent from complying with my lawful FOIA request? Perhaps another FOIA asking for a budget breakdown of how much money your office and the BATFE spent in man hours and all other expenses while responding to my FOIA request 08-1494 is in order? I would think the results of that would be of great interest to the U.S. Inspector General, the honorable Glenn Fine.
Ms. Graham, please respond to my original FOIA request for "the documents and final determinations of the investigations".
Respectfully,
Len Savage
-----------------
Ain't that something? And note when they want records, they just come in, armed, and seize them.--DC