DOS Document Production Cover Letter, ACLU v. DOD, No. 1:04-CV-4151 (S.D.N.Y. Dec. 28, 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.

Doc_type: 
Letter
Doc_date: 
Tuesday, December 28, 2004
Doc_rel_date: 
Wednesday, December 29, 2004
Doc_text: 

DOS-001634

United States Department of State
Washington, D.C. 20520

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Case No. 200303827
Segment L033

DEC 2 8 2004
Mr. Amrit Singh
American Civil Liberties Union 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 126 additional documents from the Office of
the Legal Adviser that we have grouped as Segment L033.
After reviewing these documents, we have determined that
three may be released in full, three may be released with
excisions, and 101 may not be released. The released
documents are enclosed. Nineteen documents originated with
another government agency and have been referred to that
agency for review and direct reply to you.

Material in the excised portions of one document released in
part and in 49 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 the excised portions of one document released
in part and in 98 documents withheld in full is 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, attorney work
product privilege, and/or another privilege incorporated by
subsection (b)(5).

Material in the excised portions of two documents released
in part and in eight documents withheld in full is of such a

DOS-001634

DOS-001621
- 2 -
nature that its release would constitute a clearly
unwarranted invasion of personal privacy. As such, it is
exempt from release under subsection (b)(6) of the Freedom
of Information Act.

Material in one document withheld in full is information
compiled for law enforcement purposes which, if produced,
could reasonably be expected to interfere with enforcement
proceedings. As such, it is exempt from release under
subsection (b)(7)(A) of the Freedom of Information Act.

Material in seven documents withheld in full is information
compiled for law enforcement purposes which, if produced,
could reasonably be expected to constitute an unwarranted
invasion of personal privacy. As such, it is exempt from
release under subsection (b)(7)(C) of the Freedom of
Information Act.

In some cases, two or more exemptions apply to the same
document. In the case of a document released in part, all
non-exempt material that is reasonably segregable from the
exempt material has been released.

Sincerely,

Margaret P. Grafeld

Director

Office of Information Programs

and Services

Enclosures:
As stated.

DOS-001635

Doc_nid: 
6384
Doc_type_num: 
69