Dec. 13, 2009
Ms. Priscilla Jones
Supervisory Administrative Specialist
Office of Information Policy
U.S. Department of Justice
1425 New York Ave., NW
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.
Dr. Ivan Greenberg
2105 Wallace Ave. #5A
Bronx, NY 10462