Monday, January 12, 2009

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

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.


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

No comments: