Response to attorneys for ACLU re: FOIA request. Attaches explanation of exemptions. Letter from Navy NCIS to Jennifer Ching of Gibbons, Del Deo, Dolan, Griffinger & Vecchione, attorneys for the 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.
DEPARTMENT OF THE NAVY
HEADQUARTERS
NAVAL CRIMINAL INVESTIGATIVE SERVICE
716 SICARD STREET SE SUITE 2000
WASHINGTON NAVY YARD DC 20388-5380
5720 F06-0448 SEROOLJF/6U0580
MAY 1 5 2006
Jennifer Ching, Esq.
Gibbons, Del Deo, Dolan,
Griffinger & Vecchione
One Riverfront Plaza
Newark, NJ 07102
Dear Ms. Ching:
While processing your request on behalf of the American Civil Liberties Union Foundation for information pertaining to the treatment of individuals apprehended after September 11, 2001, and held in United States custody in military bases or detention facilities outside the United States ("Detainees"), the U. S. Army Criminal Investigation Command, via the Office of the Chief of Naval Operations, located documents that originated with this Service and forwarded them to us for processing and direct response to you.
The processing of the referred documents has been completed. All responsive, releasable
information is provided to you at enclosure (1), along with an explanation of exemptions taken
under 5 U.S.C. § 552(b)(7)(C) and (b)(7)(E).
As the official responsible for the partial denial of your request, I am advising you of your right to appeal this determination. Your appeal must be postmarked within 60 calendar days from the date of this letter. An appeal should be addressed to the Secretary of the Navy's designee: Office of the Judge Advocate General, (Code 14), 1322 Patterson Avenue, S.E., Suite 3000, Washington Navy Yard, D.C. 20374-5066. The envelope and letter should bear the annotation "FOIA Appeal".
Falling below the automatic fee-waiver threshold, fees in this case have been waived.
Sincere
JASON L. JONES
LT., JAGC, LISNR
Encl:
(1) Documents
DODDON-000784
EXPLANATION OF EXEMPTIONS
FREEDOM OF INFORMATION ACT (5 U.S.C. §552):
(b)(1))protects from disclosure national security information concerning the national defense or foreign policy; (b)(2))related solely to internal personnel rules and practices, the release of which
would allow circumvention of a statute or rule; (b)(3))specifically exempt from disclosure by statute; (b)(4))trade secrets and commercial or financial information obtained from a private
source which would cause substantial competitive harm to the source;
(b)(5) pre-decisional opinions and recommendations, inter-agency or intra-agency memoranda or letters that show foreseeable harm if released. Also, attorneyclient privilege and attorney-work product are covered;
(b)(6))personnel and medical information, the release of which would result in a
clearly unwarranted invasion of personal privacy;
(b)(7))investigatory records or information compiled for law enforcement purposes, which (A) could reasonably be expected to interfere with enforcement proceedings, (B) would deprive a person of a right to a fair trial or an impartial adjudication, (C) could reasonably be expected to constitute an unwarranted invasion of personal privacy, (D) could reasonably be expected to disclose the identity of a confidential source, (E) would disclose investigative techniques, and/or (F) could reasonably be expected to endanger the life or physical safety of an individual.
PRIVACY ACT (5 U.S.C. §552a):
(b))applies to information concerning other individuals which may not be released without their written consent;
(j)(2))(A) applies to information compiled for the purpose of identifying individual criminal offenders and alleged offenders and consisting only of identifying data,
(B) information compiled for the purpose of a criminal investigation, including reports of informants and investigators, and associated with an identifiable individual, or (C), reports identifiable to an individual compiled at any stage of the process of enforcement of the criminal laws;
(k)(1))applies to information and material properly classified pursuant to an Executive Order in the interest of national defense or foreign policy;
(k)(5))applies to investigatory material compiled solely for the purpose of determining suitability, eligibility, or qualifications for Federal, civilian employment, or access to classified information, release of which would disclose a confidential source; and
(k)(6))testing or examination material used to determine individual qualifications for appointment or promotion in Federal Government service, the release of which would compromise the testing or examination process.
DODDON-000785