Monday, December 28, 2009

My FOIA Requests to FBI, 1999-2010

John Jay College of Criminal Justice, CUNY
Monroe College
Art Students League
Empire State College
FBI Legal Handbook
United Auto Workers
United Steel Workers
International Brotherhood of Electrical Workers (IBEW)
Local 3 IBEW
People for the Ethical Treatment of Animals
American Association of People with Disabilities
International Association of Machinists
Camp Sister Spirit
Radical History Review
War Resisters League (1970-)
John Birch Society (1970-)
Center for Constitutional Rights
National Lawyers Guild
Institute for Policy Studies
Borough of Manhattan Community College
Committee in Solidarity with the People of El Salvador
FBI MIOG
Greenpeace USA
Witness for Peace
Pledge of Resistance
Herbert G. Gutman
Borough of Manhattan Community College
Socialist Workers Party (1975-)
Radical History Review
National Academy of Art
Jackson Pollack
Sierra Club
Friends of the Earth
Veterans Fast for Life
American Friends Service Committee (1975-)
Committee for a Sane Nuclear Policy (1975-)
Jacob Lawrence
Hans Hoffman
Mark Rothko
Dissent
Warren Susman
William Appleman Williams
Irving Howe
C. Vann Woodward
Labor History
American Historical Association
Organization of American Historians
Socialist Scholars Conference
Selig Pearlman
John R. Commons
Richard Hofstadter
Ryan Fox
Allan Nevins
Henry Steele Commager
Samuel Eliot Morison
Charles Beard
Mary Ritter Beard
Plowshares
Journal of Negro History
Christopher Lasch
Frederick Jackson Turner
Henry Brooks Adams
William A. Dunning
Bernie Whitebear
Nation of Islam (1975-)
Hannah Hanari
Off Our Backs
Gay Men’s Health Crisis
National Gay and Lesbian Taskforce
Gus Hall (1975-)
Kenneth Steele
Audubon Society
American Civil Liberties Union (2001-)
National Archives
Impact of the FOIA/PA on Law Enforcement Activities
Frank Church
Gerald Ford
“October Plan”
Project Megiddo
L. Patrick Gray III
Clarence M. Kelley
Timothy Fauvell
W. Mark Felt
Charles W. Bates
self
Robert G. Kunkel
John Hope Franklin
Deadbeat FOIA Requesters List
ADEX (Administrative Index)
80-HQ-1199962-1621
80-BF-34035-97
80-BF-34035-100
Walter Cronkite
Women's Trade Union League
Ghetto Informant Program
Paul Wallace Gates
Howard Zinn



Sunday, December 13, 2009

Mute Response by FBI, ADEX (Administrative Index) Records

Dec. 13, 2009

Ms. Priscilla Jones
Supervisory Administrative Specialist
Office of Information Policy
U.S. Department of Justice
1425 New York Ave., NW
Suite 11050
Washington, DC 20530-001

FREEDOM OF INFORMATION ACT APPEAL
Subject: ADEX (Administrative Index)


Dear Ms. Jones:

This is my second letter of appeal to your office about my FOIA request to the FBI for records on ADEX (Administrative Index). I wish to appeal the on-going “mute response” by the FOIA office of the FBI. Despite two attempts to get the FBI office to process my request, they continue not to acknowledge the receipt of my request, violating the 20-day requirement in the law.

By way of background, on Aug. 11, 2009, I submitted the initial request for ADEX records via facsimile. (ADEX was established by the FBI in 1972 as a national security emergency arrest list. It listed about 15,000 Americans in 1972.) The FBI FOIA office did not acknowledge receipt of the request, so I appealed to the Office of Information Policy at your office at the Justice Department.

In a letter dated Oct. 23, 2009, you stated that the FBI said they never received my request. You wrote, “Accordingly, by copy of this letter, we are referring your letter to the FBI for processing and direct response to you. You may appeal any future adverse determination made by the FBI.” (A copy of your letter is enclosed.)

More than six weeks have passed and the FOIA office at the FBI still has not acknowledged receipt of my request for ADEX records.

This failure to comply with the law is especially troubling in light of President Barack Obama’s policy to increase transparency in government.

I had asked for records to be released in an electronic form, as opposed to paper. The violation of the 20-day provision in the law should mean I will not be charged any fees for the processing of my request.

Sincerely,

Dr. Ivan Greenberg
2105 Wallace Ave. #5A
Bronx, NY 10462




Sunday, October 18, 2009

Destruction of Records by FBI, Walter Cronkite

U.S. Department of Justice
Federal Bureau of Investigation
Washington, D.C. 20535

October 13, 2009

DR. IVAN GREENBERG NUMBER 5A
2105 WALLACE AVENUE BRONX, NY 10462

FOIPA Request No.: 1137617- 000
Subject: CRONKITE, WALTER LELAND JR.

Dear Dr. Greenberg:

This is in response to your Freedom of Information/Privacy Acts (FOIPA) request dated September 23, 2009.

In order to respond to our many requests in a timely manner, our focus is to identify responsive records in the automated and manual indices that are indexed as main files. A main index record carries the names of subjects of FBI investigations. Records which may be responsive to your Freedom of Information-Privacy Acts (FOIPA) request were destroyed on October 9, 2007. Since this material could not be reviewed, it is not known if it was responsive to your request. The retention and disposal of records is governed by statute and regulation under the supervision of the National Archives and Records Administration (NARA), Title 44, United States Code, Section 3301 and Title 36, Code of Federal Regulations, Chapter 12, Sub-chapter B, Part 1228. The FBI Records Retention Plan and Disposition Schedules have been approved by the United States District Court for the District of Columbia and are monitored by NARA.

You may file an appeal by writing to the Director, Office of Information Policy (OIP), U.S. Department of Justice, 1425 New York Ave., NW, Suite 11050, Washington, D.C. 20530-0001. Your appeal must be received by OIP within sixty (60) days from the date of this letter in order to be considered timely. The envelope and the letter should be clearly marked "Freedom of Information Appeal." Please cite the FOIPA Request Number assigned to your request so that it may be identified easily.

Enclosed for your information is a copy of the FBI File Fact Sheet.

Very truly yours,

David M. Hardy
Section Chief, Record/Information
Dissemination Section Records Management Division



Monday, October 12, 2009

"Deadbeat FOIA Requesters List"

Oct. 12, 2009

Director
Office of Information Policy (OIP)
U.S. Department of Justice
1425 New York Ave., NW
Suite 11050
Washington, DC 20530-0001

Dear Director:

This is a request under the Freedom of Information/Privacy Acts.

I want all records on the “Deadbeat FOIA Requesters” list.

By way of background, this list is developed by the FOIA office of the Federal Bureau of Investigation for FOIA requesters for whom payment in advance is required due to previous failure to pay fees on a timely basis.

The scope of this request should be construed to include "main" files and "see references," including but not limited to numbered and lettered sub files and control files. The search parameters should include a search of the Electronic Surveillance (ELSUR) Index, or any similar technique for locating records of electronic surveillance. I request that all records be produced with the administrative pages. I wish to be sent copies of "see reference" cards, abstracts, search slips, including search slips used to process this request, file covers, multiple copies of the same documents if they appear in a file, tapes of any electronic surveillance, photographs, and logs of physical surveillance (FISUR). Please place missing documents on "special locate."

The definition of “records” should be construed to include, but not be limited to, e-mails, facsimiles, and text messages on government-provided cell phones. Furthermore, the scope of the search should not be limited to FBI-originated records and should be construed to include records that are currently in the possession of a U.S. Government contractor for purposes of records management.

If you deny all or any part of this request, please cite each specific exemption that forms the basis of your refusal to release the information and notify me of appeal procedures available under the law. I would request that any records produced in response to this request be provided in electronic (soft-copy) form wherever possible. Acceptable formats are .pdf, .jpg, .gif, .tif.

Sincerely,

Dr. Ivan Greenberg
2105 Wallace Ave. #5A
Bronx, NY 10462




Monday, September 28, 2009

FOIA Appeal to U.S. Justice Department, ADEX

Sept. 28, 2009

Director
Office of Information Policy (OIP)
U.S. Department of Justice
1425 New York Ave., NW
Suite 11050
Washington, DC 20530-0001

Freedom of Information Act Appeal
Subject: ADEX (Administrative Index)

Dear OIP Director:

This letter is an appeal under the Freedom of Information/Privacy Acts. On Aug. 11, 2009, I sent a letter via Fax to the FOIA office of the Federal Bureau of Investigation (FBI) asking for all files on ADEX (Administrative Index). A copy of my request letter is enclosed.

By way of background, ADEX is a FBI detention list of Americans established in 1972. See the enclosed information on ADEX, which is from the book by Frank J. Donner, The Age of Surveillance.

The FOIA office at the FBI did not acknowledge receipt of my FOIA request. The 20-day time limit for acknowledging requests has passed. Therefore, I want to appeal my request for FBI files on ADEX.

Sincerely,

Ivan Greenberg
2105 Wallace Ave. #5A
Bronx, NY 10462








Wednesday, September 23, 2009

FOIA request to FBI, Walter Cronkite

Sept. 23, 2009

SUBMITTED VIA FACSIMILE

David M. Hardy, Chief
Record/Information Dissemination Section
Records Management Division
Federal Bureau of Investigation
Department of Justice
170 Marcel Drive
Winchester, VA 22602-4843

Dear Mr. Hardy:

This is a noncommercial request submitted pursuant to the Freedom of Information Act and Privacy Act.

I am requesting copies of all records created, received or maintained by the Federal Bureau of Investigation (“FBI”), including all cross-references, that are indexed to Walter Cronkite (“Mr. Cronkite”).

By way of background, Mr. Cronkite was a television journalist for CBS News for many years. I have enclosed a New York Times article dated July 18, 2009, that states that Mr. Cronkite presently is deceased.

The scope of this request should be construed to include "main" files and "see references," including but not limited to numbered and lettered sub files and control files. The search parameters should include a search of the Electronic Surveillance (ELSUR) Index, or any similar technique for locating records of electronic surveillance. I request that all records be produced with the administrative pages. I wish to be sent copies of "see reference" cards, abstracts, search slips, including search slips used to process this request, file covers, multiple copies of the same documents if they appear in a file, tapes of any electronic surveillance, photographs, and logs of physical surveillance (FISUR). Please place missing documents on "special locate."

The definition of “records” should be construed to include, but not be limited to, e-mails, facsimiles, and text messages on government-provided cell phones. Furthermore, the scope of the search should not be limited to FBI-originated records and should be construed to include records that are currently in the possession of a U.S. Government contractor for purposes of records management.

If you deny all or any part of this request, please cite each specific exemption that forms the basis of your refusal to release the information and notify me of appeal procedures available under the law. I would request that any records produced in response to this request be provided in electronic (soft-copy) form wherever possible. Acceptable formats are .pdf, .jpg, .gif, .tif.


Sincerely,


Dr. Ivan Greenberg
2105 Wallace Ave. #5A
Bronx, NY 10462




Tuesday, September 1, 2009

FBI says no records on Kenneth M. Stampp

U.S. Department of Justice
Federal Bureau of Investigation
Washington, D.C. 20535

August 25, 2009

DR. IVAN GREENBERG
NUMBER 5A
2105 WALLACE AVENUE
BRONX, NY 10462

Request No.: 1135946- 000
Subject: STAMPP, KENNETH M.

Dear Dr. Greenberg:

This responds to your Freedom of Information/Privacy Acts (FOIPA) request.

Based on the information you provided, we conducted a search of the indices to our Central Records System at FBI Headquarters and all other field offices. We were unable to identify responsive main file records. If you have additional information pertaining to the subject that you believe was of investigative interest to the Bureau, please provide us the details and we will conduct an additional search.

To the extent your FOIPA request seeks access to records that would either confirm or deny an individual's placement on any government watch list, please be advised that the U.S. Government can neither confirm nor deny whether a particular person is on any terrorist watch list. Maintaining the confidentiality of government watch lists is necessary to achieve the objectives of the U.S. Government, as well as to protect the privacy of individuals who may be on a watch list for a limited time and later removed. If the U.S. Government revealed who was listed on any government watch list. terrorists would be able to take actions to avoid detection by government authorities. Thus, pursuant to the Freedom of Information Act (FOIA) Exemptions 2 and 7(E). 5 U.S.C. §§ 552 (b)(2) and (b)(7)(E), the FBI can neither confirm nor deny the existence of certain records which would tend to indicate whether an individual is or ever was listed on any government terrorist watch list.

You may file an appeal by writing to the Director, Office of Information Policy (OIP), U.S. Department of Justice, 1425 New York Ave., NW, Suite 11050, Washington, D.C. 20530-0001. Your appeal must be received by OIP within sixty (60) days from the date of this letter in order to be considered timely. The envelope and the letter should be clearly marked "Freedom of Information Appeal." Please cite the FOIPA Request Number assigned to your request so that it may be identified easily.

Enclosed for your information is a copy of the FBI File Fact Sheet.

Sincerely yours,

David M. Hardy
Section Chief,
Record/Information
Dissemination Section Records Management Division




Saturday, August 22, 2009

Original Paintings

By Ivan Greenberg



Friday, August 14, 2009

FOIA Request to FBI, Kenneth M. Stampp

Aug. 14, 2009

SUBMITTED VIA FACSIMILE

David M. Hardy, Chief
Record/Information Dissemination Section
Records Management Division
Federal Bureau of Investigation
Department of Justice
170 Marcel Drive
Winchester, VA 22602-4843

Dear Mr. Hardy:

This is a noncommercial request submitted pursuant to the Freedom of Information Act and Privacy Act.

I am requesting copies of all records created, received or maintained by the Federal Bureau of Investigation (“FBI”), including all cross-references, that are indexed to Kenneth M. Stampp.

By way of background, Mr. Stampp was a scholar of American history, who taught at the University of California, Berkeley, from 1946 to 1983. I have enclosed a New York Times obituary dated July 15, 2009, that states that Mr. Stampp is deceased.

The scope of this request should be construed to include "main" files and "see references," including but not limited to numbered and lettered sub files and control files. The search parameters should include a search of the Electronic Surveillance (ELSUR) Index, or any similar technique for locating records of electronic surveillance. I request that all records be produced with the administrative pages. I wish to be sent copies of "see reference" cards, abstracts, search slips, including search slips used to process this request, file covers, multiple copies of the same documents if they appear in a file, tapes of any electronic surveillance, photographs, and logs of physical surveillance (FISUR). Please place missing documents on "special locate."

The definition of “records” should be construed to include, but not be limited to, e-mails, facsimiles, and text messages on government-provided cell phones. Furthermore, the scope of the search should not be limited to FBI-originated records and should be construed to include records that are currently in the possession of a U.S. Government contractor for purposes of records management.

If you deny all or any part of this request, please cite each specific exemption that forms the basis of your refusal to release the information and notify me of appeal procedures available under the law. I would request that any records produced in response to this request be provided in electronic (soft-copy) form wherever possible. Acceptable formats are .pdf, .jpg, .gif, .tif.

Sincerely,

Dr. Ivan Greenberg
2105 Wallace Ave. #5A
Bronx, NY 10462




Tuesday, August 11, 2009

FOIA Request to FBI, ADEX (Administrative Index)

Aug. 11, 2009

SUBMITTED VIA FACSIMILE

David M. Hardy, Chief
Record/Information Dissemination Section
Records Management Division
Federal Bureau of Investigation
Department of Justice
170 Marcel Drive
Winchester, VA 22602-4843

Dear Mr. Hardy:

This is a noncommercial request submitted pursuant to the Freedom of Information Act and Privacy Act.

I am requesting copies of all records created, received or maintained by the Federal Bureau of Investigation (“FBI”), including all cross-references, that are related to ADEX (Administrative Index).

By way of background, ADEX was established by the FBI in 1972 as a national security emergency arrest list. It listed about 15,000 Americans in 1972.

The scope of this request should be construed to include "main" files and "see references," including but not limited to numbered and lettered sub files and control files. The search parameters should include a search of the Electronic Surveillance (ELSUR) Index, or any similar technique for locating records of electronic surveillance. I request that all records be produced with the administrative pages. I wish to be sent copies of "see reference" cards, abstracts, search slips, including search slips used to process this request, file covers, multiple copies of the same documents if they appear in a file, tapes of any electronic surveillance, photographs, and logs of physical surveillance (FISUR). Please place missing documents on "special locate."

The definition of “records” should be construed to include, but not be limited to, e-mails, facsimiles, and text messages on government-provided cell phones. Furthermore, the scope of the search should not be limited to FBI-originated records and should be construed to include records that are currently in the possession of a U.S. Government contractor for purposes of records management.

If you deny all or any part of this request, please cite each specific exemption that forms the basis of your refusal to release the information and notify me of appeal procedures available under the law. I would request that any records produced in response to this request be provided in electronic (soft-copy) form wherever possible. Acceptable formats are .pdf, .jpg, .gif, .tif.


Sincerely,


Dr. Ivan Greenberg
2105 Wallace Ave. #5A
Bronx, NY 10462





Sunday, May 17, 2009

Letter to FBI FOIA, John Hope Franklin

May 17, 2009

SUBMITTED VIA FACSIMILE

David M. Hardy, Chief
Record/Information Dissemination Section
Records Management Division
Federal Bureau of Investigation
Department of Justice
170 Marcel Drive
Winchester, VA 22602-4843
Fax: 540-868-4996

Request No.: 1130505-000
Subject: Franklin, John Hope

Dear Mr. Hardy:

I received your letter dated May 13, 2009. I do not wish to narrow down my request on John Hope Franklin. Please send me all information you have on Mr. Franklin.

In my request letter, I asked that you release the records on Mr. Franklin in electronic form on a CD-ROM. I have consulted several FOIA specialists and they report there is no reason for the records not to be released in an electronic form. I plan to write an appeal to the Justice Department if you refuse to release the records in electronic form.

Sincerely,

Dr. Ivan Greenberg
2105 Wallace Ave. #5A
Bronx, NY 10462




Saturday, May 16, 2009

FBI FOIA Response, John Hope Franklin

U.S. Department of Justice
Federal Bureau of Investigation
Washington, D.C 20535

May 13,2009

DR. IVAN GREENBERG
#5A
2105 WALLACE AVENUE
BRONX, NY 10462

Request No.: 1130505- 000
Subject: FRANKLIN, JOHN HOPE

Dear Dr. Greenberg:

This is in reference to your Freedom of Information-Privacy Acts (FOIPA) request.

We have located approximately 605 pages which are potentially responsive to your request. Pursuant to Title 28, Code of Federal Regulations (CFR), Sections 16.11 and 16.49, there is a duplication fee of ten cents per page. The first 100 pages will be provided to you free of charge. Regulations require us to notify requesters when anticipated charges exceed $25, and if all of the pages are released, you will owe $50.50 in duplication fees. Please remember this is only an estimate, and if some of the pages are withheld or are not identifiable with your subject, the actual charges could be less.

You may want to consider reducing the scope of your request. This would allow you to lower your costs and hasten the receipt of your information. To streamline our operation, we divide our requests into three tracks based on the amount of material to be processed: small (1-500 pages); medium (501-2500 pages) and large (2501 or more pages), with the small track having the fastest rate of processing. To accelerate the processing of your request, you must reduce the pages to be processed to 500 pages or less. Please let us know in writing if you are interested in discussing the possibility of reducing the scope of your request or if you are willing to pay the estimated duplication cost indicated in the above paragraph. Your written response should provide a telephone number where you can be reached between the hours of 8:00 a.m. and 5:00 p.m., EST. You may also fax your response to the following number: 540-868-4996, Attention: Work Processing Unit. You must include the FOIPA request number in any communication regarding this matter.

As stated previously, the cost indicated is only an estimate, therefore, no payment should be made at this time.

Sincerely yours,

David M. Hardy
Section Chief, Record/Information
Dissemination Section
Records Management Division






Tuesday, May 5, 2009

FOIA Request to FBI, John Hope Franklin

May 4, 2009

SUBMITTED VIA FACSIMILE

David M. Hardy, Chief
Record/Information Dissemination Section
Records Management Division
Federal Bureau of Investigation
Department of Justice
170 Marcel Drive
Winchester, VA 22602-4843

Dear Mr. Hardy:

This is a noncommercial request submitted pursuant to the Freedom of Information Act and Privacy Act.

I am requesting copies of all records created, received or maintained by the Federal Bureau of Investigation (“FBI”), including all cross-references, that are indexed to John Hope Franklin.

By way of background, Mr. Franklin was a scholar of American-American history, whose last teaching job was at Duke University. I have enclosed a New York Times obituary dated March 26, 2009, stating that Mr. Franklin is deceased.

The scope of this request should be construed to include "main" files and "see references," including but not limited to numbered and lettered sub files and control files. The search parameters should include a search of the Electronic Surveillance (ELSUR) Index, or any similar technique for locating records of electronic surveillance. I request that all records be produced with the administrative pages. I wish to be sent copies of "see reference" cards, abstracts, search slips, including search slips used to process this request, file covers, multiple copies of the same documents if they appear in a file, tapes of any electronic surveillance, photographs, and logs of physical surveillance (FISUR). Please place missing documents on "special locate."

The definition of “records” should be construed to include, but not be limited to, e-mails, facsimiles, and text messages on government-provided cell phones. Furthermore, the scope of the search should not be limited to FBI-originated records and should be construed to include records that are currently in the possession of a U.S. Government contractor for purposes of records management.

If you deny all or any part of this request, please cite each specific exemption that forms the basis of your refusal to release the information and notify me of appeal procedures available under the law. I would request that any records produced in response to this request be provided in electronic (soft-copy) form wherever possible. Acceptable formats are .pdf, .jpg, .gif, .tif.

Sincerely,

Dr. Ivan Greenberg
2105 Wallace Ave. #5A
Bronx, NY 10462




Tuesday, March 17, 2009

FOIA Request to FBI, Robert G. Kunkel

February 23, 2009

SUBMITTED VIA FACSIMILE

David M. Hardy, Chief
Record/Information Dissemination Section
Records Management Division
Federal Bureau of Investigation
Department of Justice
170 Marcel Drive
Winchester, VA 22602-4843

Dear Mr. Hardy:

This is a noncommercial request submitted pursuant to the Freedom of Information Act and Privacy Act.

I am requesting copies of all records created, received or maintained by the Federal Bureau of Investigation (“FBI”), including all cross-references, that are indexed to Robert G. Kunkel (“Mr. Kunkel”).

By way of background, Mr. Kunkel was the Agent-in-Charge of the FBI’s Washington, DC Field Office during the Watergate Era and he led the FBI’s investigation into the burglary of the Democratic National Committee’s headquarters at the Watergate Office complex. I have enclosed an Albany Times Union article dated June 7, 2005, that states that Mr. Kunkel is presently deceased. If additional verification of that fact is required, please let me know.

The scope of this request should be construed to include "main" files and "see references," including but not limited to numbered and lettered sub files and control files. The search parameters should include a search of the Electronic Surveillance (ELSUR) Index, or any similar technique for locating records of electronic surveillance. I request that all records be produced with the administrative pages. I wish to be sent copies of "see reference" cards, abstracts, search slips, including search slips used to process this request, file covers, multiple copies of the same documents if they appear in a file, tapes of any electronic surveillance, photographs, and logs of physical surveillance (FISUR). Please place missing documents on "special locate."

The definition of “records” should be construed to include, but not be limited to, e-mails, facsimiles, and text messages on government-provided cell phones. Furthermore, the scope of the search should not be limited to FBI-originated records and should be construed to include records that are currently in the possession of a U.S. Government contractor for purposes of records management.

If you deny all or any part of this request, please cite each specific exemption that forms the basis of your refusal to release the information and notify me of appeal procedures available under the law. I would request that any records produced in response to this request be provided in electronic (soft-copy) form wherever possible. Acceptable formats are .pdf, .jpg, .gif, .tif.


Sincerely,


Dr. Ivan Greenberg
2105 Wallace Ave. #5A
Bronx, NY 10462


Monday, March 16, 2009

Ivan Greenberg's Studio

How is my art (paintings) related to my civil liberties politics?

For the last 20 years, I have been painting Expressionist pictures. I feel like a witness; I feel like I live in a dystopian society. What do you think? View my art at a new web site:

www.ivangreenberg.net.

Comments welcome.

Thursday, March 12, 2009

FOIA Request to FBI, Charles W. Bates

March 10, 2009

SUBMITTED VIA FACSIMILE

David M. Hardy, Chief
Record/Information Dissemination Section
Records Management Division
Federal Bureau of Investigation
Department of Justice
170 Marcel Drive
Winchester, VA 22602-4843

Dear Mr. Hardy:

This is a noncommercial request submitted pursuant to the Freedom of Information Act and Privacy Act.

I am requesting copies of all records created, received or maintained by the Federal Bureau of Investigation (“FBI”), including all cross-references, that are indexed to Charles W. Bates (“Mr. Bates”).

By way of background, Mr. Bates was an Assistant FBI Director during the Watergate Era. He was involved in the FBI’s investigation into the burglary of the Democratic National Committee’s headquarters at the Watergate Office complex. I have enclosed an obituary for Mr. Bates from the Washington Post. In a prior request for FBI records on Mr. Bates, you sent me on Sept. 11, 2007, a previously processed batch of documents totally 352 pages but which only covered years from the 1940s. I am interested in receiving his full file. He retired from the FBI in 1977.

The scope of this request should be construed to include "main" files and "see references," including but not limited to numbered and lettered sub files and control files. The search parameters should include a search of the Electronic Surveillance (ELSUR) Index, or any similar technique for locating records of electronic surveillance. I request that all records be produced with the administrative pages. I wish to be sent copies of "see reference" cards, abstracts, search slips, including search slips used to process this request, file covers, multiple copies of the same documents if they appear in a file, tapes of any electronic surveillance, photographs, and logs of physical surveillance (FISUR). Please place missing documents on "special locate."

The definition of “records” should be construed to include, but not be limited to, e-mails, facsimiles, and text messages on government-provided cell phones. Furthermore, the scope of the search should not be limited to FBI-originated records and should be construed to include records that are currently in the possession of a U.S. Government contractor for purposes of records management.

If you deny all or any part of this request, please cite each specific exemption that forms the basis of your refusal to release the information and notify me of appeal procedures available under the law. I would request that any records produced in response to this request be provided in electronic (soft-copy) form wherever possible. Acceptable formats are .pdf, .jpg, .gif, .tif.


Sincerely,


Dr. Ivan Greenberg
2105 Wallace Ave. #5A
Bronx, NY 10462

Thursday, February 19, 2009

Complaint in Greenberg v. FBI

UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLUMBIA



IVAN GREENBERG *

2105 Wallace Avenue, #5A *

Bronx, NY 10462 *

*

Plaintiff *

* Civil Action No. 08- ________

v. *

*

FEDERAL BUREAU OF *

INVESTIGATION *

Washington, D.C. 20535 *

*

Defendant *

*

* * * * * * * * * * * *

COMPLAINT

This is an action under the Freedom of Information Act (“FOIA”), 5 U.S.C. § 552,et seq.,as amended, for the disclosure of agency records improperly withheld from plaintiff Ivan Greenberg by defendant Federal Bureau of Investigation.

JURISDICTION

1. This Court has both subject matter jurisdiction over this action and personaljurisdiction over the defendant pursuant to 5 U.S.C. § 552(a)(4)(B) and 28 U.S.C.

§ 1331.

VENUE

2. Venue is appropriate under 5 U.S.C. § 552(a)(4)(B) and 28 U.S.C. § 1391.

PARTIES

3. Plaintiff Dr. Ivan Greenberg (“Dr. Greenberg”) is an author currently working on a book of historical scholarship concerning the Federal Bureau of Investigation, the Watergate investigation and the role of Mark Felt, also known as “Deep Throat”.

4. Defendant Federal Bureau of Investigation (“FBI”) is an agency within themeaning of 5 U.S.C. § 552 (e), and is in possession and/or control of the recordsrequested by Dr. Greenberg which are the subject of this action.

COUNT ONE

(FAILURE TO DISCLOSE RECORDS – L. PATRICK GRAY)

5. By letter dated July 9, 2007, Dr .Greenberg faxed to the FBI’s Headquarters inWashington, D.C. (“FBI HQ”) a FOIA request that sought all records “pertaining toand/or captioned: L. Patrick Gray III, FBI Director”. Dr. Greenberg noted that the search for records should include “appropriate ‘main’ files and ‘see references,’ including but not limited to numbered and lettered sub files and control files.” He specifically requested that the Electronic Surveillance Index and the COINTELPRO Index be searched, as well as any other “similar technique for locating records of electronic surveillance”. He also clarified that he was seeking “copies of ‘see reference’ cards, abstracts, search slips, including search slips used to process this request, file covers, multiple copies of the same documents if they appear in a file, tapes of any electronic surveillance, photographs, and logs of physical surveillance”. Dr. Greenberg asked to be notified in advance if the cost of processing the request exceeded $300.

6. By letter dated August 14, 2007, Dr. Greenberg faxed a follow up letter seeking a status update on the request.

7. By letter dated December 7, 2007, FBI HQ informed Dr. Greenberg thatapproximately 30,000 pages had been located that were potentially responsive to hisrequest. The letter stated that duplication fees would amount to $2,990.00. The request was assigned Request No. 1088166-000.

8. By way of a telephone conversation in early January 2008, Dr. Greenbergdiscussed the scope of his FOIA request with FBI representative Peggy Jackson (“Ms.Jackson”). Dr. Greenberg and Ms. Jackson agreed to reduce the scope to the Watergate era. In addition, Dr. Greenberg notified Ms. Jackson of his preference for responsive records to be provided in electronic format on a CD-ROM. Ms. Jackson stated that she would look into the option. According to Ms. Jackson, since the records would eventually be made available to the public in the FBI Reading Room, which requires that records be produced in electronic format, it was possible that records responsive to Dr. Greenberg’s request could also be made available in electronic format.

9. By letter dated January 7, 2008, FBI HQ memorialized the telephone conversationDr. Greenberg had Ms. Jackson with respect to the scope of the FOIA request. The letter noted that, pursuant to Dr. Greenberg’s instructions, the scope of the requestwould be reduced to the Watergate era. Specifically, the letter explained that the FBI would search “main files that exist from 01/01/1972 to the present”. The letter indicated that the request was being re-numbered as Request No. 1104977.

10. By letter dated April 7, 2008, FBI HQ informed Dr. Greenberg that his requestwas still being processed.

11. By letter dated April 28, 2008, FBI HQ informed Dr. Greenberg thatapproximately 1,116 pages had been identified as potentially responsive to his request. The letter stated that duplication fees would amount to $101.60.

12. By letter dated June 9, 2008, FBI HQ informed Dr. Greenberg that his requestwas still being processed and that an analyst was confirming that “all records areresponsive to your request” and was applying “exemptions allowed under FOIPA”.

13. By letter dated September 11, 2008, FBI HQ informed Dr. Greenberg that it hadidentified 251 responsive pages and was releasing to him 250 responsive pages. Theletter noted that FOIA exemptions (b)(2), (b)(6), (b)(7)(c), (b)(7)(d) and (b)(7)(e) had been invoked to justify redactions made to the 250 responsive pages that had been released and the withholding of one responsive page in its entirety. The letter also noted that there were 717 potentially responsive pages remaining to be processed pending Dr. Greenberg’s agreement to pay for reproduction costs. By way of a telephone conversation on September 22, 2008 with FBI representative Charlie Miller, Dr. Greenberg agreed to pay the reproduction costs associated with the remaining 717 potentially responsive pages.

14. By letter dated September 23, 2008, Dr. Greenberg appealed the FBI’s interimresponse as the product of an inadequate search. The letter also stated that Dr. Greenberg was challenging the appropriateness of the redactions made pursuant to FOIA exemptions (b)(2), (b)(6), (b)(7)(c), (b)(7)(d) and (b)(7)(e).

15. By letter dated October 7, 2008, FBI HQ informed Dr. Greenberg that it receivedhis appeal on October 3, 2008, and that it had accepted the appeal. The appeal was assigned number 09-0011.

16. As twenty working days have elapsed without a determination by the FBIconcerning Dr. Greenberg’s appeal, he has therefore constructively exhausted all required administrative remedies.

17. Dr. Greenberg has a legal right under the FOIA to obtain the information heseeks, and there is no legal basis for the denial by the FBI of said right.

COUNT TWO

(REFUSAL TO PROVIDE RECORDS IN ELECTRONIC FORMAT –

L. PATRICK GRAY)

18. By letter dated July 9, 2007, Dr .Greenberg faxed to the FBI’s Headquarters inWashington, D.C. (“FBI HQ”) a FOIA request that sought all records “pertaining toand/or captioned: L. Patrick Gray III, FBI Director”. Dr. Greenberg noted that the search for records should include “appropriate ‘main’ files and ‘see references,’ including but not limited to numbered and lettered sub files and control files.” He specifically requested that the Electronic Surveillance Index and the COINTELPRO Index be searched, as well as any other “similar technique for locating records of electronic surveillance”. He also clarified that he was seeking “copies of ‘see reference’ cards, abstracts, search slips, including search slips used to process this request, file covers, multiple copies of the same documents if they appear in a file, tapes of any electronic surveillance, photographs, and logs of physical surveillance”. Dr. Greenberg asked to be notified in advance if the cost of processing the request exceeded $300.

19. By letter dated August 14, 2007, Dr. Greenberg faxed a follow up letter seeking a status update on the request.

20. By letter dated December 7, 2007, FBI HQ informed Dr. Greenberg thatapproximately 30,000 pages had been located that were potentially responsive to hisrequest. The letter stated that duplication fees would amount to $2,990.00. The request was assigned Request No. 1088166-000.

21. By way of a telephone conversation in early January 2008, Dr.Greenbergdiscussed the scope of his FOIA request with FBI representative Ms. Jackson. Dr. Greenberg and Ms. Jackson agreed to reduce the scope to the Watergate era. In addition, Dr. Greenberg notified Ms. Jackson of his preference for responsive records to be provided in electronic format on a CD-ROM. Ms. Jackson stated that she would look into the option. According to Ms. Jackson, since the records would eventually be made available to the public in the FBI Reading Room, which requires that records be produced in electronic format, it was possible that records responsive to Dr. Greenberg’s request could also be made available in electronic format.

22. By letter dated January 7, 2008, FBI HQ memorialized the telephone conversationDr. Greenberg had with Ms. Jackson with respect to the scope of the FOIA request. The letter noted that, pursuant to Dr. Greenberg’s instructions, the scope of the request would be reduced to the Watergate era. Specifically, the letter explained that the FBI would search “main files that exist from 01/01/1972 to the present”. The letter indicated that the request was being re-numbered as Request No. 1104977.

23. By way of a telephone conversation shortly after receipt of the FBI’s letter dated January 7, 2008, Dr. Greenberg spoke with another FBI representative, Mr. Stevens, regarding Dr. Greenberg’s request for responsive records to be made available in electronic format. Mr. Stevens stated that Ms. Jackson had agreed to provide responsive records to Dr. Greenberg in electronic format.

24. By way of a telephone conversation on April 3, 2008, Dr. Greenberg spoke with athird FBI representative, Tonya Robinson (“Ms. Robinson”). Ms. Robinson informed Dr.Greenberg that Ms. Jackson had chosen to reverse her original decision regarding making available responsive records in electronic format and instead would only permit production of responsive records in paper format. Dr. Greenberg requested that the substance of this decision be memorialized into a written letter and sent to him. No such correspondence was ever provided to Dr. Greenberg.

25. By way of a telephone conversation that same day, Dr. Greenberg spoke with theDepartment of Justice’s Office of Information and Privacy (“OIP”) regarding his ability to administratively appeal Ms. Jackson’s decision to reverse her original approval of production of responsive records in electronic format. Dr. Greenberg was informed that, since his original FOIA request letter had not specifically sought production in electronic format, Ms. Jackson’s initial approval did not constitute a binding administrative decision. Therefore, Dr. Greenberg did not retain the right to administratively appeal her subsequent reversal.

26. By letter dated April 7, 2008, FBI HQ informed Dr. Greenberg that his requestwas still being processed.

27. By letter dated April 28, 2008, FBI HQ informed Dr. Greenberg thatapproximately 1,116 pages had been identified as potentially responsive to his request. The letter stated that duplication fees would amount to $101.60.

28. By letter dated June 9, 2008, FBI HQ informed Dr. Greenberg that his requestwas still being processed and that an analyst was confirming that “all records areresponsive to your request” and was applying “exemptions allowed under FOIPA”.

29. By letter dated September 11, 2008, FBI HQ informed Dr. Greenberg that it hadidentified 251 responsive pages and was releasing to him 250 responsive pages. Theletter noted that FOIA exemptions (b)(2), (b)(6), (b)(7)(c), (b)(7)(d) and (b)(7)(e) had been invoked to justify redactions made to the 250 responsive pages that had been released and the withholding of one responsive page in its entirety. The letter also noted that there were 717 potentially responsive pages remaining to be processed pending Dr. Greenberg’s agreement to pay for reproduction costs. By way of a telephone conversation on September 22, 2008 with FBI representative Charlie Miller, Dr. Greenberg agreed to pay the reproduction costs associated with the remaining 717 potentially responsive pages.

30. By letter dated September 23, 2008, Dr. Greenberg appealed the FBI’s interimresponse as the product of an inadequate search. The letter also stated that Dr. Greenberg was challenging the appropriateness of the redactions made pursuant to FOIA exemptions (b)(2), (b)(6), (b)(7)(c), (b)(7)(d) and (b)(7)(e).

31. By letter dated October 7, 2008, FBI HQ informed Dr. Greenberg that it receivedhis appeal on October 3, 2008, and that it had accepted the appeal. The appeal was assigned number 09-0011.

32. As twenty working days have elapsed without a determination by the FBIconcerning Dr. Greenberg’s request, he has therefore constructively exhausted allrequired administrative remedies.

33. Dr. Greenberg has a legal right under the FOIA to obtain responsive records inelectronic format so long as the records are easily reproducible in that format and there is no legal basis for the denial by the FBI of said right.

COUNT THREE

(FAILURE TO DISCLOSE RECORDS – CLARENCE M. KELLEY)

34. By letter dated July 9, 2007, Dr .Greenberg faxed to the FBI’s Headquarters inWashington, D.C. (“FBI HQ”) a FOIA request that sought all records “pertaining toand/or captioned: Clarence M. Kelley, FBI Director”. Dr. Greenberg noted that the search for records should include “appropriate ‘main’ files and ‘see references,’ including but not limited to numbered and lettered sub files and control files.” He specifically requested that the Electronic Surveillance Index and the COINTELPRO Index be searched, as well as any other “similar technique for locating records of electronic surveillance”. He also clarified that he was seeking “copies of ‘see reference’ cards, abstracts, search slips, including search slips used to process this request, file covers, multiple copies of the same documents if they appear in a file, tapes of any electronic surveillance, photographs, and logs of physical surveillance”. Dr. Greenberg asked to be notified in advance if the cost of processing the request exceeded $300.

35. By letter dated August 14, 2007, Dr. Greenberg faxed a follow up letter seeking a status update on the request.

36. By letter dated December 7, 2007, FBI HQ informed Dr. Greenberg that approximately 30,000 pages had been located that were potentially responsive to hisrequest. The letter stated that duplication fees would amount to $2,990.00. The request was assigned Request No. 1088203-000.

37. By way of a telephone conversation in early January 2008, Dr.Greenbergdiscussed the scope of his FOIA request with FBI representative Ms. Jackson. Dr.Greenberg and Ms. Jackson agreed to reduce the scope to the Watergate era. In addition, Dr. Greenberg notified Ms. Jackson of his preference for responsive records to be provided in electronic format on a CD-ROM. Ms. Jackson stated that she would look into the option. According to Ms. Jackson, since the records would eventually be made available to the public in the FBI Reading Room, which requires that records be produced in electronic format, it was possible that records responsive to Dr. Greenberg’s request could also be made available in electronic format.

38. By letter dated January 7, 2008, FBI HQ memorialized the telephone conversationDr. Greenberg had with Ms. Jackson with respect to the scope of the FOIA request. The letter noted that, pursuant to Dr. Greenberg’s instructions, the scope of the request would be reduced to the Watergate era. Specifically, the letter explained that the FBI would search “main files that exist from 01/01/1972 to the present”. The letter indicated that the request was being re-numbered as Request No. 1104839.

39. By way of a telephone conversation on April 3, 2008, Dr. Greenberg spoke withan FBI representative, Ms. Robinson. Ms. Robinson informed Dr. Greenberg that thescope of responsive records was estimated to be approximately 58,000 pages.

40. By letter dated April 3, 2008, FBI HQ informed Dr. Greenberg that his requestwas still being processed.

41. By letter dated June 22, 2008, FBI HQ informed Dr. Greenberg that it hadidentified and was releasing to him 493 responsive pages. The letter also noted that FOIA exemptions (b)(2), (b)(6) and (b)(7)(c) had been invoked to justify redactions made to the responsive pages.

42. By letter dated August 20, 2008, Dr. Greenberg appealed the FBI’s response asthe product of an inadequate search. The letter also stated that Dr. Greenberg waschallenging the appropriateness of the redactions made pursuant to FOIA exemptions(b)(2), (b)(6) and (b)(7)(c).

43. By letter dated September 10, 2008, FBI HQ informed Dr. Greenberg that itreceived his appeal on August 27, 2008, and that it had accepted the appeal. The appeal was assigned number 08-2610.

44. By letter dated September 22, 2008, FBI HQ informed Dr. Greenberg that it wasdenying his appeal and affirming the FBI’s search and redactions. The FBI noted that Dr. Greenberg retained the right to seek judicial review by way of 5 U.S.C. § 552(a)(4)(B).

45. Dr. Greenberg has a legal right under the FOIA to obtain the information heseeks, and there is no legal basis for the denial by the FBI of said right.

COUNT FOUR

(REFUSAL TO PROVIDE RECORDS IN ELECTRONIC FORMAT –
CLARENCE M. KELLEY)

46. By letter dated July 9, 2007, Dr .Greenberg faxed to the FBI’s Headquarters inWashington, D.C. (“FBI HQ”) a FOIA request that sought all records “pertaining toand/or captioned: Clarence M. Kelley, FBI Director”. Dr. Greenberg noted that the search for records should include “appropriate ‘main’ files and ‘see references,’ including but not limited to numbered and lettered sub files and control files.” He specifically requested that the Electronic Surveillance Index and the COINTELPRO Index be searched, as well as any other “similar technique for locating records of electronic surveillance”. He also clarified that he was seeking “copies of ‘see reference’ cards, abstracts, search slips, including search slips used to process this request, file covers, multiple copies of the same documents if they appear in a file, tapes of any electronic surveillance, photographs, and logs of physical surveillance”. Dr. Greenberg asked to be notified in advance if the cost of processing the request exceeded $300.


47. By letter dated August 14, 2007, Dr. Greenberg faxed a follow up letter seeking a status update on the request.

48. By letter dated December 7, 2007, FBI HQ informed Dr. Greenberg thatapproximately 30,000 pages had been located that were potentially responsive to hisrequest. The letter stated that duplication fees would amount to $2,990.00. The request was assigned Request No. 1088203-000.

49. By way of a telephone conversation in early January 2008, Dr.Greenbergdiscussed the scope of his FOIA request with FBI representative Ms. Jackson. Dr.Greenberg and Ms. Jackson agreed to reduce the scope to the Watergate era. In addition, Dr. Greenberg notified Ms. Jackson of his preference for responsive records to be provided in electronic format on a CD-ROM. Ms. Jackson stated that she would look into the option. According to Ms. Jackson, since the records would eventually be made available to the public in the FBI Reading Room, which requires that records be produced in electronic format, it was possible that records responsive to Dr. Greenberg’s request could also be made available in electronic format.

50. By letter dated January 7, 2008, FBI HQ memorialized the telephone conversationDr. Greenberg had with Ms. Jackson with respect to the scope of the FOIA request. The letter noted that, pursuant to Dr. Greenberg’s instructions, the scope of the request would be reduced to the Watergate era. Specifically, the letter explained that the FBI would search “main files that exist from 01/01/1972 to the present”. The letter indicated that the request was being re-numbered as Request No. 1104977.

51. By way of a telephone conversation shortly after receipt of the FBI’s letter dated January 7, 2008, Dr. Greenberg spoke with another FBI representative, Mr. Stevens, regarding Dr. Greenberg’s request for responsive records to be made available in electronic format. Mr. Stevens stated that Ms. Jackson had agreed to provide responsive records to Dr. Greenberg in electronic format.

52. By way of a telephone conversation on April 3, 2008, Dr. Greenberg spoke with athird FBI representative, Ms. Robinson. Ms. Robinson informed Dr. Greenberg that Ms.Jackson had chosen to reverse her original decision regarding making availableresponsive records in electronic format and instead would only permit production ofresponsive records in paper format. Dr. Greenberg requested that the substance of this decision be memorialized into a written letter and sent to him. No such correspondence was ever provided to Dr. Greenberg.

53. By way of a telephone conversation that same day, Dr. Greenberg spoke with theDepartment of Justice’s Office of Information and Privacy (“OIP”) regarding his ability to administratively appeal Ms. Jackson’s decision to reverse her original approval of production of responsive records in electronic format. Dr. Greenberg was informed that, since his original FOIA request letter had not specifically sought production in electronic format, Ms. Jackson’s initial approval did not constitute a binding administrative decision. Therefore, Dr. Greenberg did not retain the right to administratively appeal her subsequent reversal.

54. By letter dated April 3, 2008, FBI HQ informed Dr. Greenberg that his requestwas still being processed.

55. By letter dated June 22, 2008, FBI HQ informed Dr. Greenberg that it hadidentified and was releasing to him 493 responsive pages. The letter also noted that FOIA exemptions (b)(2), (b)(6) and (b)(7)(c) had been invoked to justify redactions made to the responsive pages.

56. By letter dated August 20, 2008, Dr. Greenberg appealed the FBI’s response asthe product of an inadequate search. The letter also stated that Dr. Greenberg waschallenging the appropriateness of the redactions made pursuant to FOIA exemptions(b)(2), (b)(6) and (b)(7)(c).

57. By letter dated September 10, 2008, FBI HQ informed Dr. Greenberg that itreceived his appeal on August 27, 2008, and that it had accepted the appeal. The appeal was assigned number 08-2610.

58. By letter dated September 22, 2008, FBI HQ informed Dr. Greenberg that it wasdenying his appeal and affirming the FBI’s search and redactions. The FBI noted that Dr. Greenberg retained the right to seek judicial review by way of 5 U.S.C. § 552(a)(4)(B).

59. Dr. Greenberg has a legal right under the FOIA to obtain responsive records inelectronic format so long as the records are easily reproducible in that format and there is no legal basis for the denial by the FBI of said right.

WHEREFORE, plaintiff Ivan Greenberg prays that this Court:

(1) Orders the Federal Bureau of Investigation to disclose the requested records intheir entireties and make copies promptly available to him in electronic format;

(2) Award reasonable costs and attorney’s fees as provided in 5 U.S.C. § 552
(a)(4)(E) and/or 28 U.S.C. § 2412 (d);

(3) expedite this action in every way pursuant to 28 U.S.C. § 1657 (a); and

(4) grant such other relief as the Court may deem just and proper.

Date: November 18, 2008

Respectfully submitted,

____________________

Bradley P. Moss

D.C. Bar #975905

Mark S. Zaid, Esq.

D.C. Bar #440532

Mark S. Zaid, P.C.

1250 Connecticut Avenue, N.W., Suite 200

Washington, D.C. 20036

(202) 454-2809

brad@markzaid.com

mark@markzaid.com



Attorneys for Plaintiff

Thursday, February 12, 2009

My FOIA Requests to FBI, 1999-2009

John Jay College of Criminal Justice, CUNY
Monroe College
Art Students League
Empire State College
FBI Legal Handbook
United Auto Workers
United Steel Workers
International Brotherhood of Electrical Workers (IBEW)
Local 3 IBEW
People for the Ethical Treatment of Animals
American Association of People with Disabilities
International Association of Machinists
Camp Sister Spirit
Radical History Review
War Resisters League (1970-)
John Birch Society (1970-)
Center for Constitutional Rights
National Lawyers Guild
Institute for Policy Studies
Borough of Manhattan Community College
Committee in Solidarity with the People of El Salvador
FBI MIOG
Greenpeace USA
Witness for Peace
Pledge of Resistance
Herbert G. Gutman
Borough of Manhattan Community College
Socialist Workers Party (1975-)
Radical History Review
National Academy of Art
Jackson Pollack
Sierra Club
Friends of the Earth
Veterans Fast for Life
American Friends Service Committee (1975-)
Committee for a Sane Nuclear Energy (1975-)
Jacob Lawrence
Hans Hoffman
Mark Rothko
Dissent
Warren Susman
William Appleman Williams
Irving Howe
C. Vann Woodward
Labor History
American Historical Association
Organization of American Historians
Socialist Scholars Conference
Selig Pearlman
John R. Commons
Richard Hofstadter
Ryan Fox
Allan Nevins
Henry Steele Commager
Samuel Eliot Morison
Charles Beard
Mary Ritter Beard
Plowshares
Journal of Negro History
Christopher Lasch
Frederick Jackson Turner
Henry Brooks Adams
William A. Dunning
Bernie Whitebear
Nation of Islam (1975-)
Hannah Hanari
Off Our Backs
Gay Men’s Health Crisis
National Gay and Lesbian Taskforce
Radical America
Gus Hall (1975-)
Kenneth Steele
Audubon Society
American Civil Liberties Union (2001-)
National Archives
Impact of the FOIA/PA on Law Enforcement Activities
Frank Church
Gerald Ford
“October Plan”
Project Megiddo
L Patrick Gray III
Clarence M. Kelley
Timothy Fauvell
W. Mark Felt
Charles W. Bates
self

Tuesday, February 3, 2009

FBI Research Monographs (1947-1960)

From: igreen7047@aol.com
List Editor: Robert Cherny
Editor's Subject: FBI Research Monographs (1947-1960)
Author's Subject: FBI Research Monographs (1947-1960)
Date Written: Sun, 4 Jan 2009 18:43:23 -0800
Date Posted: Sun, 4 Jan 2009 18:43:23 -0800


The list might be interested in about 200 separate FBI research monographs (1947-1960), which can be requested by title under the Freedom of Information Act. Most of the monographs focus on FBI surveillance of American Communists. Some already have been put on the Web at www.governmentattic.org, a very useful site for declassified government documents.

See the links below:

Federal Bureau of Investigation (FBI) Subject Index of Central Research Section Monographs, August, 1947--December, 1955 - [PDF 1.3 MB - 11-Dec-2008]

http://www.thememoryhole.org/feds/fbi-research-reports.htm

Best,
Ivan Greenberg

Human Rights Scholarship

To: H-HUMAN-RIGHTS@H-NET.MSU.EDU

From: igreen7047@aol.com

Date: 02/02/2009 08:39AM

Subject: Re: Human Rights Scholarship in Political Science



What about in other scholarly fields of inquiry? My rather unscientific observation about the study of human rights in the field of History is that few journals publish articles using this framework to study the past. There also are only a few select scholars of "civil liberties." I pose a question for discussion: How does the human rights framework differ from the civil liberties approach?

Ivan Greenberg, History Ph.D.

Saturday, January 24, 2009

My recent art at Projekt 30 Gallery

Projekt30
Ivan Greenberg · Steve Gribben · Katya Grokhovsky · Ernst Gruler · Lynx Guimond · Ozgur Gungor · Molly Gunther · Katie Gutierrez ...
www.projekt30.com

http://ivangreenberg.30art.com

Tuesday, January 20, 2009

"Surge in FOIA requests to FBI"

Date: Tue, 20 Jan 2009 09:46:01 -0500
Reply-To: igreen7047@AOL.COM
Sender: State and Local Freedom of Information Issues

From: "Dr. Ivan Greenberg"
Subject: Surge in FOIA requests to FBI

The new DOJ Annual FOIA Report indicates that the FBI received 17,241 requests in 2008, a major increase over 12,509 requests in 2007. This is a positive sign for openness. While secrecy increased under the Bush administration, change is in the air. FOIA requests are one indicator of bottom-up ferment among the general population. To give historical perspective, since 1974 FBI FOIA requests reached the 17,000 level only three times. This occurred at the time of the Millennium (1999, 2000, 2001). Then came 9/11 and requests dramatically declined.

Ivan Greenberg, Ph.D.

Monday, January 12, 2009

FOIA Appeal to U.S. Justice Department, "October Plan" (2004)




Director
Office of Information and Privacy
U.S. Department of Justice
1425 New York Ave., NW, Suite 11050
Washington, DC 20530-0001

Jan 10, 2009

Re: Freedom of Information Act Appeal

Dear Director:

This is an appeal under the Freedom of Information Act.

By letter dated April 22, 2008, I submitted a FOIA request for records “pertaining to and/or captioned: October Plan (2004 Presidential Election).”

I explained in my letter: “The so-called ‘October Plan’ was an FBI Surveillance Program conducted at the time of the 2004 Presidential Election, as reported in the media.”

My request was assigned No. 1114243-000. By letter dated Aug. 25, 2008, the FBI’s Washington FOIA office indicated there were “no records” on this subject.

By letter dated Aug. 28, 2008, I sent you an appeal.

By letter dated Oct. 23, 2008, you advised me you received my letter.

By letter dated Oct. 31, 2008, Janice Galli McLeod told me: ”After carefully considering your appeal, and as a result of discussions between FBI personnel and a member of my staff, I am remanding your request for a further search for responsive records.”

By letter dated Nov. 12, 2008, David M. Hardy of the FBI’s FOIA office told me again there were no records. He wrote: “You are advised that your request was remanded for additional searching by the Department of Justice-Office on Information and Privacy. The latest search revealed no records responsive to your FOIPA appeal were located by a search of the automated indices.”

I hereby appeal the adequacy of the FBI’s search. I also request that any future releases by the FBI pertaining to this request will be made in electronic (soft-copy) form. Please note that acceptable formats are .pdf, .jpg, .gif, .tif.

I also request that the FBI modify its search parameters as follows: (1) not restrict it to FBI-originated records; (2) include responsive records maintained by the FBI that were created by other federal agencies or by U.S. Government-sponsored contractors; and (3) include responsive records currently in the possession of a U.S. Government contractor for the purposes of records management.

Thank you for your consideration of this appeal.

Sincerely,

Dr. Ivan Greenberg
2105 Wallace Ave. #5A
Bronx, NY 10462
Igreen7047@aol.com

Sunday, January 11, 2009

"Dear Editor"

Dec. 17, 2008

Dear Editor:

I was disappointed and puzzled by the rejection of my article (“Information Flow and Political Policing: The FBI’s Troubled Relationship with the FOIA") based on the Reader’s very brief report. I believe this Reader has misunderstood or refused to accept the thesis of the article and the wide scope of the material I marshal to support it. I hope it is not inappropriate for me to write this response.

First, historians and scholars in other fields greatly under use the FOIA. Regarding the FBI , the government holds about 4.75 billion pages of records. Only about 6 million pages have been declassified under the FOIA, as I note in the article. Historians generally neglect the FOIA when its usefulness is critical in writing history in many areas: biography; social movements; the history of the Left and the Right; civil liberties; state power; the law, etc. I hope the publication of my article would encourage scholars to think about the FOIA and use it to get government files. We are talking about several billion pages of primary source material which could recast the writing of the 20th century in very significant ways.

I hoped my article could point to the problems researchers face in using the FOIA. I focus on the FBI exclusively because they are the only agency in the federal government to collect millions of pages of political intelligence. FBI scholars, whether liberal (Athan G. Theoharis), conservative (Richard Gid Powers) or radical (Ward Churchill), all agree that the FOIA is a vital ingredient in studying the activity of the U.S. state and its relation to dissidents and social change. Scholars disagree often in sharp terms about the good guy/bad guy dimension of FBI activity. There are heated disagreements, for example, about J. Edgar Hoover between Theoharis and Powers. Theoharis, who has published several books on the Hoover era and is probably the foremost expert, treats the Bureau as a conservative “bureaucracy” hostile to opening its records, embracing a culture of secrecy to conceal its widespread abuse of power and illegal political intelligence gathering. (Theoharis, ed., A Culture of Secrecy; The FBI and American Democracy) Theoharis privileges the role of Director Hoover, calling him an unaccountable “boss.” He wrties, “Hoover had more to do with undermining American constitutional guarantees than any other political leader before or since.”[Theoharis and Cox, The Boss, p. 17) Powers views FBI secrecy not as an effort to hide misconduct and to stop accountability, but as a necessary ingredient in the fight against internal subversives. Powers claims in Secrecy and Power that Hoover’s “most unassailable achievement was creating one of the great institutions in American Government…Millions were sure that Hoover’s secret power was all that stood between them and sinister forces that aimed to destroy their way of life.” [pp. 2, 489]

I generally follow the political view of Theoharis in my article. I do not believe I “recycle cliches about the authoritarian secrecy of J. Edgar Hoover and his successors.” I cite Theoharis extensively. He is not an ideologue or polemicist like Churchill. I do not believe I have overstated in my article beyond what the secondary and primary source material supports. I quote federal judges, after all. The Reader even says that “99% of AHR readers will agree with the author’s perspective.” If so, where have I overstated in my discussion?

Do I ignore the bureau’s motives? I address this dimension in several ways. If most Americans, as opposed to scholars, give “the Bureau the benefit of the doubt” – this may be because they know very little about FBI history. The FBI prefers to keep it this way. That is the main reason they pose obstacles to the use of the FOIA. They continue to try to suppress the release of information about their own history. I believe I make this point, and refer to others who make this point, in my article. This is not some “radical” view. Even FBI officials acknowledge this, like Scott Hodes who I quote; as well as federal judges in several FOIA lawsuits I quote.

It is not fair for the Reader to want a more “empathetic approach” in the article. For me to place the article in a different context – the FBI does a good job in responding to transparency and openness -- would be a misreading of the secondary and primary material.

I do not presume that the article as it now stands does not need revision. I just think that the Reader’s report does not do it proper service. Historians need a nudge to use the FOIA. That was my intention in submitting the article to the AHR.

Thank you for your consideration.

Ivan Greenberg

Sunday, January 4, 2009

Greenberg v. FBI

GREENBERG v. FEDERAL BUREAU OF INVESTIGATION

Plaintiff: IVAN GREENBERG
Defendant: FEDERAL BUREAU OF INVESTIGATION

Case Number: 1:2008cv01988
Filed: November 18, 2008

Court: District Of Columbia District Court
Office: Freedom of Information Act Office
County: 88888
Presiding Judge: Judge James Robertson

Nature of Suit: Other Statutes - Freedom of Information Act
Cause: U.S. Government Defendant
Jurisdiction: U.S. Government Defendant
Jury Demanded


dockets.justia.com/browse/noscat-13/nos-895/

Saturday, January 3, 2009

Quoted in the press on the FBI

How an obscure FBI rule is ensuring the destruction of ...
Jun 24, 2008 ... According to Ivan Greenberg, an independent researcher who is writing a book ... Based on documents Ivan Greenberg obtained from the FBI, ...
www.slate.com/id/2191902/pagenum/all/ - 51k - Cached - Similar pages


Want to know what’s in your FBI file? : Exhibit A Baltimore
Jun 30, 2008 ... That’s the answer Ivan Greenberg of Bronx, N.Y., got when he requested his file in 1998. He’s sent about 85 information requests to the FBI ...
exhibitanewsbaltimore.com/blog/2008/06/30/want-to-know-your-fbi-file/ - 35k -