On Thwarted FOIA Requests

Come on universe, help me out here.

Recently, I found out that the mailing address for ePluribus Media changed. Unfortunately, no one alerted me and that change may have botched my outstanding FOIA requests. As a result, it looks like I now have to re-file everything. Literally, years of effort just washed down the drain.

One of the requests I was waiting on (already several years old) was an administrative appeal with the National Security Agency. The request sought two audio recordings of satellite phone calls made by Kirk von Ackermann shortly before he disappeared: the first, a call home to his family the day before he disappeared; the second, the satellite phone call to an Iraqi employee for assistance with a bad tire on the day.

The second significant FOIA request to re-file is for base access records showing exit and entrance on and off American bases in the Balad-Tikrit region in the fall of 2003. The base access records were an attempt to disprove my own theory that Kirk von Ackermann sought to fix his bad tire and visited another base after he left FOB Pacesetter. It was also an attempt to construct a timeline of the days just prior to the murder of Ryan Manelick and the disappearance of Kirk von Ackermann.

I'm hoping that the FOIA case numbers assigned to the original requests might expedite matters. But, it's government bureaucracy we're talking about here and I am not optimistic.

I believe one month from tomorrow is Kirk von Ackermann's birthday. While I never had the opportunity to meet him, I feel an enormous amount of responsiblity to continue to press forward with the FOIA requests no matter how futile those attempts may be.

So, in honor of Kirk von Ackermann, here's an early birthday wish: please find those still missing in Iraq and bring them home.

Dream

Just over a year ago, on September 19, 2008 to be exact, I actually had a nightmare about Ryan Manelick. That had never happened before. For what it's worth, I thought I'd share the dream here.

The Dream

There were two rolls of vinyl tape (like duct tape) that were important to Ryan Manelick's case and someone was trying to destroy them. One of the rolls was lavender color. I felt an enormous amount of anxiety and panic within the dream.

Analysis

I filed an FOIA with the NSA for two audio recordings (two tapes) of satellite phone calls made by Kirk von Ackermann shortly before he disappeared. It is my personal belief that von Ackermann did not place the second call (lavendar is wishy washy - literally). I believe that an impostor (roll = 'role') placed the call using von Ackermann's satellite phone.

Further on the two words lavender and roll...a 'lav' is a microphone or a washroom, LAV also is short for 'light armored vehicle' as used by the military. It's my belief that von Ackermann was abducted and killed on an American base in Iraq. Roll has many meanings, a few worth pointing out - roll as in tire, roll out, let's roll, rock n' roll (the vehicle was found among rocky outcroppings, steam roll, roll over play dead, I think you can get the general idea of how my mind works with word play. You can probably think up some variations of your own....

Destroying the tapes - I must be worrying in my sub-conscience that the NSA is going to destroy recordings. As to why the dream was specific to Ryan Manelick - I find that very odd. I substituted Manelick for von Ackermann even though I didn't file an FOIA for Manelick's satellite call.

Now you may be wondering, why not? Several reasons. The only known satellite call placed by Ryan Manelick that I am aware of -- specifically reported by news media and confirmed by colleagues -- is the one that Manelick made to Charles Phillips at the exact moment he was killed in a drive-by shooting.

1. Personally, I could never ever bring myself to listen to such a devastatingly violent event like that.

2. Even if the NSA had intercepted and recorded that particular satellite call, they would never release it under the privacy exemption of the FOIA. As an example of how I know this to be the case, the FAA does not release black box audio recordings of cockpit crew just prior to an impending airplane crash. The FAA won't even release the audio recordings to immediate family members of those killed in a crash.

As a result, there was no reason to pursue an FOIA of the satellite call from Manelick to Phillips.

Anyway, for what it's worth, that was the dream.

FOIA update

FOIA responses take forever. 

According to my records, I've filed well over 20 requests to date.  I'm getting a little better at the wording and procedural issues that pop up in writing these letters. I've now got my first administrative appeal under my belt. I haven't filed a Mandatory Declassification Review yet or requested a Vaughn Index so there's still lots of room for new experiences. And who knows, maybe one day, a request will go to court.

So, let's see...I filed four FOIA requests with CENTCOM back in February of 2008. Still waiting. One with the State Department from 2007 which they actually contacted me about two months ago to say was on its way. It hasn't arrived yet. The appeal with the National Security Agency is still outstanding - while I'm not optimistic on that one, I did expect to get the rejection almost immediately. Not sure what's up with that. A few more FOIA requests outstanding with CENTCOM - one in particular that I hope they'll be forthcoming about. And a new one that I haven't yet received a response letter confirming its receipt and assigning a case number.

So while we wait...wanna learn a little about how to file an FOIA request?

A good place to start is the Department of Justice website page on the Freedom of Information Act. It provides a broad overview and is written in fairly simple and easy to understand language. They have a page, FOIA Post, that includes summaries of recent rulings that effect the FOIA. Good idea to look these over in case a recent ruling might increase the potential for a federal agency to release the information you seek.

After filing the administrative appeal with the NSA, one of the things I learned was the importance of writing an FOIA request with the view towards possibly pursuing information in court. Now, this doesn't mean you have to fill your request with legalese, but it does mean you want to leave a trail of bread crumbs that lead to the information you seek. For example, if you're requesting information that was mentioned in say a White House memo freely distributed to the public, cite and include the memo with your request.

The National Security Archive at George Washington University is a great resource for information regarding FOIA requests that bump up against National Security, otherwise known as Exemptions 1 and 3 of the FOIA and the lovely Glomar response (neither confirm nor deny the existence nor non-existence...) They have a new PDF booklet available online (includes information on Mandatory Declassification Reviews):

EFFECTIVE FOIA REQUESTING FOR EVERYONE
A National Security Archive Guide
Written by Kristin Adair and Catherine Nielsen
Edited by Meredith Fuchs, Yvette M. Chin, Malcolm Byrne and Tom Blanton
January 29, 2009

The Reporters Committee for Freedom of the Press is another great resource. They have an entire area of their website dedicated to Freedom of the Press Resources including an FOIA letter generator. Just plug in some information and it will spit out a letter for you.

And since I brought it up, the National Security Agency also has an area of its website devoted to the FOIA including their version of a handbook - which is really just basic contact information on where to send your request. By the way, NSA isn't all cloaks and daggers. They have aliens too! The NSA has one section devoted to FOIA requests for UFO's under their Declassification Initiatives.

The Department of Defense website for FOIA is the Requester Service Center. They have a handbook which includes a list of their Components and Commands with whom to file an FOIA request. Some times the tricky part with the Department of Defense is just figuring out who to file with.

Well, that's it for now. Back to waiting for the mail...

Holder Memo

I wonder if this will effect the NSA appeal? 

Appeal

It's done. I sent the appeal letter off in the mail today. It's 12 pages long with another 30 or so pages in enclosures. Maybe once I get the next response back, I'll post some of the appeal letter for grins and giggles. 

I can't help but picture a government automaton seated in a bleak gray office stamping REJECT on all of the FOIA letters that come across the desk, my latest in particular. I don't hold out much hope that my appeal letter will overturn the initial response of neither confirming nor denying the existence or non-existence of the material I seek.

Which, by the way, I haven't exactly divulged what it is that I am seeking.

I requested two audio recordings and/or segregable portions of otherwise exempt material (in other words, transcripts). Specifically, I filed an FOI request with the National Security Agency for an audio recording of the October 9, 2003 satellite phone call that Kirk von Ackermann placed to the Iraqi employee in which he asked for assistance with the flat tire. The second audio recording I requested was one from the previous day in which he left a message on his home answering machine in the United States - that he had arrived safely at a base in Iraq.

The significance of the second recording is that it's what triggered the recording of the first - if statements by public officials are to be believed. The content of neither phone call warrants classification. And as both intercepts are the result of the NSA program revealed by the President, the Attorney General and the Director of the National Security Agency, it's a bit silly to pretend recordings of the intercepts don't exist.

But the NSA will. And an automaton will stamp my letter: REJECT.

Do you think they even bother to read the letters or do they stamp first and then just pretend to read the letters?

Super Double Secret

Working away on the appeal letter for the NSA. I'm hoping to mail it next week. I know it's pointless but I have to at least try. I thought now would be a good time to tell you about my 'assistant' as my dear husband likes to call him.

My assistant is a schizophrenic neighbor - one who refuses to take his medication - who has been helping me with legal research. He likes to hang out in the law library so research gives him a good excuse to be there. If I described his general appearance, you'd understand but I don't want to prejudice your views on his character. Maybe one day I'll post a photo. Anyway, it's been a unique experience.

The first day I went by the law library to check it out, I ran into him. Over the next few days, he pretty much tracked me down (in other words, loitered at my front door basically stalking me and asking my neighbors where I was). Once he successfully intercepted me, he asked if he could make copies for whatever it was that I was working on. To be honest, I'm not sure he really understands about the FOIA appeal because he keeps asking when I go to court. I've explained that the first thing I need to do is file a letter appealing the decision to deny the FOI request. The details seem to get lost because he asked again today about my court date.

Anyway, that first day I gave him $20 for a copy card at the law library and suggested he see what he could find out about court cases that successfully overturned Exemptions 1 and 3 of the FOIA. The next day, he was waiting at my front door with a new briefcase (cost: approximately $20). He announced I would be receiving "reports" by mail. "Don't worry," he said, "they're classified." I had absolutely no idea if a report was in the mail literally or figuratively. It's kind of hard to tell with a schizophrenic who refuses to take their medication just where in reality things stand. He requested another $20 as he was getting short on funds. "It's all accounted for. I sent it to my book keeper." And yes, he actually does have a book keeper but that's a side story.

A few days later, next door received a large manilla envelope in the mail addressed to me care of the little shop. The return address was "Bob Smith, Esq." That first report came in a very official looking plastic binder with a cover letter. It was sealed inside of another envelope marked "Classified." I was just looking through the pile. So far, I've received 8 reports - which consist of various pages copied out of various law books, most not really applicable to the matter at hand.

For example, one recent report was a series of pages from the Supreme Court Reporter. I was looking for a specific case, and I guess the name of the Plaintiff was a problem. I received about ten pages from the Reporter for a variety of cases all beginning with the letter A.

I've probably given you the impression that his contributions to the appeal have been fairly useless. Not at all. In fact, it's his decidedly outside of the box perspective I've found very helpful. For instance, I asked him to look up information regarding the 3rd exemption of the FOIA. He came back with information regarding the 4th Amendment as applies to medical files. In other words, Privacy. I hadn't addressed Privacy in my appeal until his research pointed out the oversight.

I've told him repeatedly he doesn't have to mail the reports. But he always responds, in a slightly petulant tone, "I have the stamps."

Today he was really disappointed to learn we're almost done. On the other hand, it might be good timing. He goes back to court on Wednesday and he might not fare so well this time. You see, he usually represents himself and more importantly - he wins. Which, as one friend who knows him pointed out - what does that really say about the state of our legal system?

If I actually go ahead and follow this all the way to court, he'll be ecstatic. I can just picture him telling a judge he can't possibly go to jail for disturbing the peace because he's the lead attorney on a suit against the National Security Agency. I think I might stand a good chance of winning just on the basis of his participation.

I'm really tempted to scan and post one of his cover notes to me. But since they're classified, I really can't. They're secret.

POW/MIA - National Security Act of 1947

I'm spending my free time at the local law library trying - more or less hopelessly - to do research for the NSA appeal. I stumbled on a bit related to POW/MIA in one of the books I was reading today on National Security Intelligence.

Makes me wonder, if information is unintentionally acquired prior to the disappearance of someone, but it's later determined that the information might be useful in determining what happened, under whose authority does the information then fall? It's unclear, especially since it wasn't originally collected for investigative purposes.

But that's a separate side issue and unrelated to the appeal at hand. At least, not at this point.

National Security Act of 1947 as amended. Unclassified.

POW/MIA ANALYTIC CAPABILITY

SEC. 117. (a) REQUIREMENT - (1)The Director of Central Intelligence shall, in consultation with the Secretary of Defense, establish and maintain in the intelligence community an analytic capability with responsibility for intelligence in support of the activities of the United States relating to individuals who, after December 31, 1990, are unaccounted for United States personnel.

(2) The analytic capability maintained under paragraph (1) shall be known as the 'POW/MIA analytic capabiltity of the intelligence community'.

(b) UNACCOUNTED FOR UNITED STATES PERSONNEL - In this section, the term 'unaccounted for United States personnel' means the following:

(1) Any missing person (as that term is defined in section 1513(1) of title 10, United States Code).

(2) Any United States national who was killed while engaged in activities on behalf of the United states and whose remains have not been repatriated to the United States.

What exactly is a 'missing person'? To find out, it's necessary to visit the United States Code, Title 10 - Armed Forces, Subtitle A - General Military Law, Part II - Personnel, Chapter 76 - Missing Persons. I've covered this before, but it never hurts to take a look at the information again.

U.S. Code Title 10 § 1513

In this chapter:
(1) The term “missing person” means—

(A) a member of the armed forces on active duty who is in a missing status; or
(B) a civilian employee of the Department of Defense or an employee of a contractor of the Department of Defense who serves in direct support of, or accompanies, the armed forces in the field under orders and who is in a missing status.
Such term includes an unaccounted for person described in section 1509 (b) of this title who is required by section 1509 (a)(1) of this title to be considered a missing person.

(2) The term “missing status” means the status of a missing person who is determined to be absent in a category of any of the following:

(A) Missing.
(B) Missing in action.
(C) Interned in a foreign country.
(D) Captured.
(E) Beleaguered.
(F) Besieged.
(G) Detained in a foreign country against that person’s will.

(3) The term “accounted for”, with respect to a person in a missing status, means that—

(A) the person is returned to United States control alive;
(B) the remains of the person are recovered and, if not identifiable through visual means as those of the missing person, are identified as those of the missing person by a practitioner of an appropriate forensic science; or
(C) credible evidence exists to support another determination of the person’s status.

Additional Reading - just for fun:

National Security Investigations and Prosecutions
By David Kris, J. Douglas Wilson, West Thomson, 2007

Rejection

Another FOIA rejection came in. But...I am going to appeal this one all the way. I probably should mention, I filed the FOIA request with the NSA so I wasn't surprised by their response. 

Wish me luck.

Map of Camp Anaconda

Well, no actually, there isn't a map of Camp Anaconda. And I thought the military loved maps. Another myth shattered.

I filed an FOIA for a map of Camp Anaconda (also known as Balad Air Base, LSA Anaconda) from the time period of September - December 2003. I wasn't looking for anything fancy, just some basic info, nothing hush hush. According to CENTCOM, such a thing doesn't exist.

Despite our extensive and careful search for documents pertaining to your request, we were unable to locate responsive documents.

I was pretty certain CENTCOM were the go-to guys. Maybe I directed my request to the wrong agency and I should have written to the Defense Supply Center or the National Geospatial-Intelligence Agency.

So now I'm not sure what to think. I was hoping to use the map in another article I'm working on.

Addendum: to the left is the actual FOIA letter with some identifying information blacked out specifically, officer's name, FOIA #, and contact phone number.



2nd Addendum: I thought this article might be of interest.

Terrain Team Ensures Roads are Mapped Out
By Sgt. Alexandra Hemmerly-Brown, Defend America, April 12, 2007

LOGISTICS SUPPORT AREA ANACONDA, Iraq — Most offices have them, but trailer six in the 13th Sustainment Command (Expeditionary)’s compound here, holds a very large one.

Operating out of a small trailer is a four-member contingent of the 70th Engineer Company, (currently attached to the 13th Sustainment Command (Expeditionary) ), who have the responsibility of making maps by request of the ever-changing roads of Iraq. And of course, they have a very large plotter printer for printing out their custom-made maps.

“All of our maps are mission-dictated,” said Sgt. Byram D. Faulk of Washington, D.C., the terrain team noncommissioned officer-in-charge.

The team creates maps requested by units who need the maps for specific reasons. They may need a map outlining bodies of water, or other terrain features, or they may just need a more current map then they already have, Faulk said.

More...

But nope, no map of Camp Anaconda from the fall of 2003.

Photo of LSA Anaconda by James Gordon, taken on July 26, 2005

FOIA - Rejected

For some time now, I've been working on a new article related to the disappearance of Kirk von Ackermann and the death of Ryan Manelick for the Journal at ePluribus Media. I'm a very slow writer -- both of my previous articles took me close to a year to write -- so I am very fortunate I don't have a deadline. One result, I can take the time to file FOIA requests.

ePluribus Media received a written response to one of my FOIA's, specifically one I filed with the US Army Criminal Investigation Command (USACIDC) for information regarding Kirk von Ackermann's case. The FOIA was rejected.

A search of the USACIDC file indexes revealed that an active investigation is in progress with an undetermined completion date.

Most of what the FOIA requested was the kind of information one might expect to receive at say a press briefing: time von Ackermann's vehicle was first reported abandoned, etc. In other words, the FOIA request didn't ask for anything particularly earth-shattering like the names or identities of secret sources of information.

At this time, ePluribus Media will not be filing an appeal. Why? The FOIA request was always a long shot and the reason is provided by the Department of Defense Freedom of Information Policy Office (DFOIPO) in the FOIA Handbook (PDF)

The nine FOIA exemptions are cited in the Act as 5 U.S.C. § 552

(b)(7)—investigatory records or information compiled for law enforcement
purposes;

Fingers crossed for some positive responses to the other FOIA requests.