NCIS Production Cover Letter, ACLU v. DOD, No. 1:04-CV-4151 (S.D.N.Y. Feb. 16, 2006)

DEPARTMENT OF THE NAVY HEADQUARTERS • NAVAL CRIMINAL' INVESTIGATIVE SERVICE 716 SICARD STREET SE SUITE 2000 WASHINGTON NAVY YARD DC 20388-5380 5720 F04-1069 SEROOLJF/5UO286 7 E: 16 Jennifer Ching, Esq. Gibbons, Del Deo, Dolan, Griffinger & Vecchione One Riverfront Plaza Newark, NJ 07102 Dear Ms. Ching: This is in further response to your Freedom of Information Act (FOIA) request. on behalf of the American Civil Liberties Union Foundation, for information concerning 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 remaining two investigative files have been received from our field office in Bahrain for processing. All releasable information is provided at enclosure (1), along with an explanation of exemptions taken under 5 U.S.C. § 552(b)(7)(C). One of those investigations is being denied in its entirety under the provisions of the FOIA, 5 U.S.C. § 552(b)(7)(A). The release of these records or information could reasonably be expected to interfere with ongoing enforcement proceedings. Some of the information was provided to us by the U.S. Marine Corps (USMC). Because we do not have the authority to release information other than our own, we are referring documents to the USMC for a release determination and direct response to you. 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 NOV00001 DODDON-000403 F04-1069 cont'd Avenue, S.E., Suite 300, 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. Sincerely I •"'l ft •••¦¦ •••¦ ,•• i., • ,:-:! N, L Encl:: c - - (1) CCN: 10AUG04-MEBJ-0337-7XMA NOV00002 DODDON-000404 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. NOV00003 DODDON-000405