DOS Document Production Cover Letter, ACLU v. DOD, No. 1:04-CV-4151 (S.D.N.Y. Dec. 29, 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: 
Wednesday, December 29, 2004
Doc_rel_date: 
Wednesday, December 29, 2004
Doc_text: 

United States Department of State
Washington, D.C. 20520
2 C-
Case No. 200303827
Segment L15

Amrit Singh, Esq.
American Civil Liberties Union Foundation

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

Dear Ms. 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 116 additional documents from the Office
of the Legal Adviser that appear responsive to your request,
and have grouped them as Segment L015. After reviewing
these documents, we have determined that 11 may be released
in full, three may be released with excisions, and 65 must
be withheld in full. All released material is enclosed.

Decisions on nine documents require interagency
coordination; we will inform you when we receive the results
of that coordination. Twenty-eight documents originated
with other government agencies and have been referred to
those agencies for review and direct reply to you.

Material in the excised portions of one of the documents
released in part and in 24 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.

The material in the excised portion of one of the documents
released in part is specifically exempted from disclosure by
statute, to wit, the Central Intelligence Agency Act of 1949

(Title 50 USC Section 403g). As such, it is exempt from
release under subsection (b)(3) of the Freedom of
Information Act.

DOS-001031
Material in the excised portions of one of the documents
released in part and in 62 of the 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 one of the documents withheld in full is of such
a 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.

In some cases, two or more exemptions may 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.

The search of the other files has been completed, and we
will let you know as the review of the various segments has
been accomplished.

Sincerely,

474,4z,-4/

-

k Margaret P. Grafeld

Director

Office of Information Programs

and Services

Enclosures:
As stated.

DOS-001032

Doc_nid: 
6145
Doc_type_num: 
69