DOJ Document Production Cover Letter re: Treatment of Detainees in U.S. Custody

U.S. Department of Justice Executive Office for United States Attorneys Freedom of Information/Privacy Act Staff NOV 9 600 E Street, N. W., Room 7300 Washington, D.C. 20530 202-616-6757 Fax 202-616-6478 Requester: Megan Lewis bRequest Number: 05-904 Subject of Request: Treatment of Detainees in U.S. Custody, Etc. / /Director's Ofc. Dear Requester: Your request for records under the Freedom of Information Act/Privacy Act has been processed. This letter constitutes a reply from the Executive Office for United States Attorneys, the official record-keeper for all records located in this office and the various United States Attorneys' Offices. To provide you the greatest degree of access authorized by the Freedom of Information Act and the Privacy Act, we have considered your request in light of the provisions of both statutes. The records you seek are located in a Privacy Act system of records that, in accordance with regulations promulgated by the Attorney General, is exempt from the access provisions of the Privacy Act. 28 C.F.R. § 16.81. We have also processed your request under the Freedom of Information Act and are making all records required to be released, or considered appropriate for release as a matter of discretion, available to you. This letter is a [ X ] partial [ ] full denial. Enclosed please find: 82 page(s) are being released in full (RIF); page(s) are being released in part (RIP); 43 page(s) are withheld in full (WIF). The redacted/withheld documents were reviewed to determine if any information could be segregated for release. The exemption(s) cited for withholding records or portions of records are marked below. An enclosure to this letter explains the exemptions in more detail. Section 552 Section 552a [b] (b)(1) [b] (b)(4) [ (b)(7)(B) [ ] G)(2) [ X ] (b)(2) [ X ] (b)(5) [ X ] (b)(7)(C) [ ] (k)(2) [ (b)(3) [b] (b)(6) [ (b)(7)(D) [ (k)(5 ) [ (b)(7)(A) [ (b)(7)(E) [ [ ( 3)(7)(9 ] In addition, this office is withholding grand jury material which is retained in the District. (Page 1 of 2) Form No. 021- no fee - 2/04 DOJEOUSA-0001 [ X ] A review of the material revealed: [ X ] 34 page(s) originated with another government component. These records were found in the U.S. Attorney's Office files and may or may not be responsive to your request. These records will be referred to the following component(s) listed for review and direct response to you: • Office of Information and Privacy • Federal Bureau of Investigation [ ] There are public records which may be obtained from the clerk of the court or this office, upon specific request. If you wish to obtain a copy of these records, you must submit a new request. These records will be provided to you subject to copying fees. See additional information attached. This is the final action this office will take concerning your request. You may appeal my decision to withhold records in this matter by writing within sixty (60) days from the date of this letter, to: Office of Information and Privacy United States Department of Justice Flag Building, Suite 570 Washington, D.C. 20530 Both the envelope and letter of appeal must be clearly marked "Freedom of Information Act/Privacy Act Appeal." After the appeal has been decided, you may have judicial review by filing a complaint in the United States District Court for the judicial district in which you reside or have your principal place of business; the judicial district in which the requested records are located; or in the District of Columbia. Sincere relP I itA. A. O'Rourke 4 4*10istant Director Enclosure(s) (Page 2 of 2) Form No. 021 - no fee - 2/04 DOJEOUSA-0002 EXPLANATION OF EXEMPTIONS SUBSECTIONS OF TITLE 5, UNITED STATES CODE, SECTION 552 (b) (1)b(A) specifically authorized under criteria established by and Executive order to be kept secret in the in the interest of national defense or foreign policy and (B) are in fact properly classified pursuant to such Executive order; (b)(2)brelated solely to the internal personnel rules and practices of an agency; (b)(3)bspecifically exempted from disclosure by statute (other than section 552b of this title), provided that such statute (A) requires that the matters be withheld from the public in such a manner as to leave no discretion on the issue, or (B) establishes particular criteria for withholding or refers to particular types of matters to be withheld; (b)(4)btrade secrets and commercial or financial information obtained from a person and privileged or confidential; (b)(5)binter-agency or intra-agency memorandums or letters which would not be available by law to a party other than an agency in litigation with the agency; (b)(6)bpersonnel and medical files and similar files the disclosure of which would constitute a clearly unwarranted invasion of personal privacy; (b)(7)brecords or information compiled for law enforcement purposes, but only the extent that the production of such law enforcement records or information (A) could reasonably be expected to interfere with enforcement proceedings, (B) would deprive a person of a right to a fair trial or an impartial adjudication, (C) could reasonably be expected to constitute an unwarranted invasion of personal privacy, (D) could reasonably be expected to disclose the identity of a confidential source, (E) would disclose techniques and procedures for law enforcement investigations or prosecutions, or would disclose guidelines for law enforcement investigations or prosecutions if such disclosure could reasonably be expected to risk circumvention of the law, or (F) could reasonably be expected to endanger the life of physical safety of any individual. (b)(8)bcontained in or related to examination, operating, or condition reports prepared by, on behalf of, or for the use of an agency responsible for the regulation or supervision of financial institutions; or (b)(9)bgeological and geophysical information and data, including maps, concerning wells. SUBSECTION OF TITLE 5, UNITED STATES CODE, SECTION 552a (d)(5)binformation complied in reasonable anticipation of a civil action proceeding; (1)(2)bmaterial reporting investigative efforts pertaining to the enforcement of criminal law including efforts to prevent, control, or reduce crime or apprehend criminals, except records of arrest; (k)(1)binformation which is currently and properly classified pursuant to Executive Order 12356 in the interest of the national defense or foreign policy, for example, information involving intelligence sources or methods; (k)(2)binvestigatory material complied for law enforcement purposes, other than criminal, which did not result in loss of a right, benefit or privilege under Federal programs, or which would identify a source who furnished information pursuant to a promise that his/her identity would be held in confidence; (k)(3)bmaterial maintained in connection with providing protective services to the President of the United States or any other individual pursuant to the authority of Title 18, United States Code, Section 3056; (k)(4)brequired by statute to be maintained and used solely as statistical records; (k)(5)binvestigatory material compiled solely for the purpose of determining suitability eligibility, or qualification for Federal civilian employment or for access to classified information, the disclosure of which would reveal the identity of the person who furnished information pursuant to a promise that his identity would be held in confidence; (k)(6)btesting or examination material used to determine individual qualifications for appointment or promotion in Federal Government service the release of which would compromise the testing or examination process; (k)(7)bmaterial used to determine potential for promotion in the armed services, the disclosure of which would reveal the identity of the person who furnished the material pursuant to a promise that his identity would be held in confidence. FBI/DOJ DOJEOUSA-0003