DOS Document Production Cover Letter, ACLU v. DOD, No. 1:04-CV-4151 (S.D.N.Y. Jan. 12, 2005)

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, January 12, 2005
Doc_rel_date: 
Tuesday, January 11, 2005
Doc_text: 

United States Department of State
Washington, D.C. 20520 www.state.gov
Case No. 200303827
Segment L021

JAN 12 2005
Mr. Amrit Singh
American Civil Liberties Union Foundation

125 Broad Street, 18 th 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 151 additional documents from the Office of
the Legal Adviser that we have grouped as Segment L021.
After reviewing these documents, we have determined that
eight may be released in full, eleven may be released with
excisions, and 107 may not be released. The released
documents are enclosed. A decision on three documents
requires interagency coordination. We will inform you when
we receive the results of that coordination. Twenty-two
documents originated with other government agencies and have
been referred to them for review and direct reply to you.

Material in nine of the documents released in part and in

106 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 portions of seven of the

documents released in part is specifically exempted from

disclosure by (Title 50 USC Section 403g). As such, it is

exempt from release under subsection (b)(3) of the Freedom

of Information Act.

DOS 002827
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Information in one of the documents released in part and in
25 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 the excised portions of one of the documents
released in part and in four 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.

Material in the excised portions of five of the documents
released in part and in 45 of the documents 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 the excised porticns of eight of the documents
released in part and in twelve of the 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

DOS 002828

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non-exempt material that is reasonably segregable from the
exempt material has been released.

Sincerely,

/1

argaret P. Grae

Director

Office of Information Programs

and Services

Enclosures:
As stated.

DOS 002829

Doc_nid: 
6733
Doc_type_num: 
69