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