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FOIA Request - CREW: Regarding Rep. Duke Cunningham (MZM Inc.): 6/20/2005 - Air Logistics Cheif of Staff

FOIA Request - CREW: Regarding Rep. Duke Cunningham (MZM Inc.): 6/20/2005 - Air Logistics Cheif of Staff

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Published by CREW
On June 20, 2005, Citizens for Responsibility and Ethics in Washington (CREW) filed a Freedom of Information Act (FOIA) request today with the Department of Homeland Security (DHS) and with the Department of Defense to garner any communications between Rep. Randy “Duke” Cunningham (R-CA) and Rep. Virgil Goode (R-VA) regarding MZM, Inc. Or Mitchell Wade, from January 1, 2001, to the present. “By filing these FOIAs, we hope to learn if Representatives Cunningham or Goode used their positions to help win lucrative defense contracts for Mr. Wade and MZM.,” Melanie Sloan, executive director of CREW said today.
On June 20, 2005, Citizens for Responsibility and Ethics in Washington (CREW) filed a Freedom of Information Act (FOIA) request today with the Department of Homeland Security (DHS) and with the Department of Defense to garner any communications between Rep. Randy “Duke” Cunningham (R-CA) and Rep. Virgil Goode (R-VA) regarding MZM, Inc. Or Mitchell Wade, from January 1, 2001, to the present. “By filing these FOIAs, we hope to learn if Representatives Cunningham or Goode used their positions to help win lucrative defense contracts for Mr. Wade and MZM.,” Melanie Sloan, executive director of CREW said today.

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Published by: CREW on Jun 21, 2011
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11 DuPont Circle, N.W., 2nd Floor Washington, D.C. 20036(o) 202.588.5565 (c) 202.841.5096
June 20, 2005
FOIA REQUEST
Office of the Deputy Chief of Staff for LogisticsAttn: DALO-ZXA (FOIA)500 Army RoadPentagon, Room 3E379Washington, D.C. 20310
BY FAX: 703-604-7688
Dear Sir or Madam:Citizens for Responsibility and Ethics in Washington (“CREW”) makes thisrequest for records, regardless of format, medium, or physical characteristics, andincluding electronic records and information, pursuant to the Freedom of Information Act(“FOIA”), 5 U.S.C. §552, et seq, and U.S. Department of Defense (“DOD”) regulations,32 CFR Part 286.This request relates to any contact, dating from January 1, 2001, to the present,that the DOD may have had with MZM Inc., Mitchell J. Wade, and any other individualassociated with, employed by, or acting on behalf of MZM Inc. Specifically, we requestthe release of all contracts, purchase orders, or other documents reflecting a relationshipof any kind between DOD and MZM Inc. and/or Mitchell J. Wade. We further requestrecords reflecting any and all contacts any DOD employee may have had with MZM Inc.and/or any individual or entity associated with, employed by, or acting on behalf of MZM Inc. We also request records of any contacts between DOD and any member of Congress, including but not limited to Congressman Randy “Duke” Cunningham and/orCongressman Virgil H. Goode, regarding MZM Inc.This request includes not only records maintained within the Department of theArmy, but also records transmitted from the Department of the Army to the Office of thePresident, the Office of the Vice President, the CIA, the Department of State, theDepartment of Homeland Security, the National Security Agency, the National SecurityCouncil, US AID or elsewhere.Please search for responsive records regardless of format, medium, or physicalcharacteristics. We seek records of any kind, including electronic records, audiotapes,videotapes, and photographs. Our request includes any telephone messages, voice mailmessages, daily agenda and calendars, information about scheduled meetings and/ordiscussions, whether in-person or over the telephone, agendas for those meetings and/or
 
2discussions, participants included in those meetings and/or discussions, minutes of anysuch meetings and/or discussions, the topics discussed at those meetings and/ordiscussions, e-mail regarding meetings and/or discussions, e-mail or facsimiles sent as aresult of those meetings and/or discussions, transcripts or notes of any such meetingsand/or discussions, and travel records of any kind.If it is your position that any portion of the requested records is exempt fromdisclosure, CREW requests that you provide it with an index of those documents asrequired under Vaughn v. Rosen, 484 F.2d 820 (D.C. Cir. 1973), cert. denied, 415 U.S.977 (1972). As you are aware, a Vaughn index must describe each document claimed asexempt with sufficient specificity “to permit a reasoned judgment as to whether thematerial is actually exempt under FOIA.” Founding Church of Scientology v. Bell, 603F.2d 945, 949 (D.C. Cir. 1979). Moreover, the Vaughn index must “describe eachdocument or portion thereof withheld, and for
each
withholding it must discuss theconsequences of supplying the sought-after information.King v. U.S. Dep’t of Justice,830 F.2d 210, 223-24 (D.C. Cir. 1987) (emphasis added). Further, “the withholdingagency must supply ‘a relatively detailed justification, specifically identifying the reasonswhy a particular exemption is relevant and correlating those claims with the particularpart of a withheld document to which they apply.’” Id. at 224 (citing Mead Data Centralv. U.S. Dep’t of the Air Force, 566 F.2d 242, 251 (D.C. Cir. 1977).In the event that some portions of the requested records are properly exempt fromdisclosure, please disclose any reasonably segregable non-exempt portions of therequested records. See 5 U.S.C. §552(b). If it is your position that a document containsnon-exempt segments, but that those non-exempt segments are so dispersed throughoutthe document as to make segregation impossible, please state what portion of thedocument is non-exempt, and how the material is dispersed throughout the document.Mead Data Central, 566 F.2d at 261. Claims of nonsegregability must be made with thesame degree of detail as required for claims of exemptions in a Vaughn index. If arequest is denied in whole, please state specifically that it is not reasonable to segregateportions of the record for release.
Fee Waiver Request
In accordance with 5 U.S.C. §552(a)(4)(A)(iii), CREW requests a waiver of feesassociated with processing this request for records. The subject of this request concernsthe operations of the federal government and the disclosures will likely contribute to abetter understanding of relevant government procedures by CREW and the general publicin a significant way. Moreover, the request is primarily and fundamentally for non-commercial purposes. 5 U.S.C. §552(a)(4)(A)(iii). See, e.g., McClellan Ecological v.Carlucci, 835 F.2d 1282, 1285 (9
th
Cir. 1987). Specifically, these records are likely tocontribute to the public’s understanding of the individuals and organizations that

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