DOS Document Production Cover Letter, ACLU v. DOD, No. 1:04-CV-4151 (S.D.N.Y. May 9, 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.

Monday, May 9, 2005
Sunday, May 8, 2005

United States Department of State
" Illlipllllllt" — Washington, D.C. 20520
MAY 9 2005
Case No. 200303827 L21

Ms. Amrit Singh
American Civil Liberties Union Foundation

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

Dear Ms. Singh:

I refer to our letter dated January 12, 2005, regarding the
release of certain Department of State material under the
Freedom of Information Act (Title 5 USC Section 552).

As you may recall, further coordination was required before a
decision could be made as to the release of three of the
documents previously retrieved in response to the L21 segment
of your request. The coordination has now been completed and
we find that one may be released and two may not be released.
The released document is enclosed.

The material in 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 information in 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).

DOS 002998

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In some cases, two or more exemptions apply to the same


Margaret P. Grafeld


Office of Information Programs

and Services

As stated.

DOS 002999