Letter from Margaret P. Grafeld, DOS to Amrit Singh, ACLU re: the ACLU's FOIA Request. Letter states that the document production requested is being complied with in some parts and denied or withheld in part.
United States Department of State
Washington, D.C. 20520
JUN 8 2005
Case No. 200303827 Segment SAl
Ms. Amrit Singh American Civil Liberties Union Foundation
18th
125 Broad Street, Floor New York, New York 10004-2400
Dear Ms. Singh:
I refer to our letter dated December 21, 2004, regarding the release of certain Department of State material under the Freedom of Information Act (Title 5 USC Section 552.
As you may recall, in the case of Segment SAl further coordination was required before decisions could be made as to the release of 22 of the documents previously retrieved in response to your request. The coordination has now been completed for 20 of them and we find that four may be released in full, two may be released with excisions, and 14 may not be released. Copies of all released documents are enclosed.
Material in all 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.
Material in the excised portions of both 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.
Material in the excised portions of one of the documents released in part and in all 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,
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attorney work product privilege, and/or another privilege incorporated by subsection (b) (5) .
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.
We will provide you with information about the results of coordination with respect to the other two documents as it becomes available.
Sincerely!
I~~~~---..",
r Margaret p. Gra~eld ~ Dlrector ~ Office of Information Programs and Services
Enclosures: As stated.
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