DOS Document Production Cover Letter, ACLU v. DOD, No. 1:04-CV-4151 (S.D.N.Y. Dec. 17, 2004)

Letter from Margaret P. Grafeld, DOS to Amrit Singh, ACLU re: the ACLU's FOIA Request. The letter states that the document production requested is being complied with in some parts and denied or withheld in part.

Friday, December 17, 2004
Wednesday, December 29, 2004

United States Department of State
Washington, D.C. 20520
DEC 1 7 2004
Case No. 200303827
Segment L027

Mr. Amrit Singh
American Civil Liberties Foundation

125 Broad Street, 18th Floor
New York, NY 10004-2400

Dear Mr. Singh:

I refer to our previous correspondence regarding the release
of certain Department of State material you had requested
under the Freedom of Information Act (Title 5 USC Section
552) in your letters of October 7, 2003 and May 25, 2004.

We have retrieved 73 additional documents from the Office of
the Legal Adviser that we have grouped as Segment L027.
After reviewing these documents, we have determined that one
may be released in full and that 70 may not be released.
The one released document is enclosed. A decision on one
further document requires interagency coordination. We will
inform you when we receive the results of that coordination.
One document originated with another government agency and
has been referred to that agency for review and direct reply
to you.

The material in 69 of the documents withheld in full is
currently and properly classified under Executive Order
12958 in the interest of national defense or foreign
relations. As such, it is exempt from release under
subsection (b)(1) of the Freedom of Information Act.

Information in 51 of the documents withheld in full is also
exempt from release under subsection (b) (5) of the Freedom
of Information Act because it is protected by the
deliberative process privilege, attorney client privilege,


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attorney work product privilege, and/or another privilege
incorporated by subsection (b)(5).

In many cases, two exemptions apply to the same document.


Margaret P. Grafeld


Office of Information Programs

and Services

As stated.