CREW | sitizess for sesponsibiliey and ethics in washington February 13, 2012 By facsimile: 202-261-8579 Office of tnformation Programs and Services AGISIPS/RE Department of State, SA-2 ‘Washington, DC 20522-8100 Re: Freedom of Information Act Request Dear Sir/Madam: Pursuant to the Freedom of Information Act (“FOIA”), 5 U.S.C. §§ 552, er eq., nd US. Department of State regulations, 22 CER, § 171, Citizens for Responsibility and Ethics in ‘Washington (“CREW”) requests all communications between any and all employees af the Department of State and the office of Rep. Michael Grimm (R-NY), or anyone acting on behalf of Rep. Grimm, related to individuals obtaining green cards, including but not limited to ‘communications regarding Mr. Ofer Biton. This request i limited to the Department of State's components located within the United States and Israel. By way of background, Mr. Biton helped Rep. Grimm raise hundreds of thousands of dollars in contributions for his 2010 campa.gn for Congress, allegedly in hopes that Rep. Grimm ‘would help Mr. Biton obtain a green card ifhe were elected. Alison Leigh Cowan and William K. Rashbaum, Rabbi's Followers Cast Doubts on Congressman’s Fund-Raising, New York Times, January 27, 2012 (attached as Exhibit A). Please search for responsive records regardless of format, medium, or physical characteristics. Where possible, please proluce records electronically, in PDF or TIF format on a CD-ROM. We seek records of any kind, including electronic records, audiotapes, videotapes, and photographs. Our request includes any letter, emails facsimiles, telephone messages, voice ‘mail messages, and transcripts, notes, or minutes of any meetings, telephone conversations, oF discussions. Our request also includes any attachments to these records Ititis your position that any portior of the requested records is exempt from diselosure, ‘CREW requests that you provide it with an index of those documents as required under Vaughn v, Rosen, 484 F.2d 820 (D.C. Cit. 1973), cert denied, 415 US. 977 (1972). As you are aware, 8 Vayghn index must describe each document claimed as exempt with sufficient specificity “to permit a reasoned judgment as to whether tie material is actully exempt under FOIA.” Founding Church of Scientology v. Bll, 03 F.2d 945, 949 (D.C. Cir, 1979), Moreover, the Vaugln index must “describe each document or portion thereof withheld, and for each ‘withholding it must discuss the consequences of supplying the sought-after information.” King v, US. Dep't of Justice, 830 F.2d 210, 223-24 (D.C. Cit, 1987) (emphasis added). Further, “the 1400 Ere Stee NW, Sut $50, Wasiryin, D6, 20005 | 2024085505 phone | 202.5888000 fa | wctzensiaetiisog,Department of Homeland Security February 15,2012 Page 2 Withholding ageney must supply ‘a rlatively detailed justiicatoy, specifically identifying the reasons why a particular exemption i relevant and correlating thse claims wi the particular part ofa withheld document to which they apply” 1d at 24 (ing Mead Data Cental v. US. Dep't of the Air Force, 566 F 24 242, 251 (D.C. Cit. 1977). In the event some portions ofthe requested records are properly exempt from disclosure, please disclose any reasonably segregable non-exempt portions of the requested records. See S US.. § 552(b). Ifit is your position that a document contains non-exempt segments, but that those non-exempt segments are so dispersed throughout the document as to make segregation Impossible, please state what portion of the document is non-exempt, and how the material is dispersed throughout the document. Mead Data Central, 566 F.2d at 261. Claims of ronsegregability must be made with the same degree of detail as required for claims of exemptions in a Vaughn index. Ifa request is denied in whole, please state specifically that tis not reasonable to segregate portions of the record for release. ‘Ree Waiver Request In accordance with § U.S.C. § $52(a)(4)(AYii) and 12 CFR. § 171.15, CREW requests 1 waiver of fees associated with processing this request for records. The subject ofthis request concerns the operations ofthe federal goverment and expenditures, and the disclosures will likely contribute to a better understanding of relevant government procedures by CREW and the general public ina significant way. Moreover, te request i primarily and fundamentally for ‘non-commercial purposes. $ U.S.C. § $52(a)(4)(A)Gii). See, eg, McClellan Ecological v Carlueci 835 F.2d 1282, 1285 (9th Cir. 1987), ‘These records ate likely to contribute to greater public awareness of Rep. Grimm's efforts tohelp Mr. Biton obtain a preen cand, and the extent to which the Department of State may have been influenced by a member of Congress trying to obtain a greea card for a major fundraiser. Mr. Biton is a top aide to Rabbi Yoshiyahu Yosef Pinto, who leas a large congregation in New ‘York. Cowan and Rashbaum, New York Times, Jan. 27,2012. During Rep. Grimm's campaign, he and Mr. Biton traveled around the New York region together and raised more than $500,000 from Rabbi Pinto's followers. Jd. Several ofthe donors described actions by Rep. Grimm that ‘may have violated campaign finance laws, and said he told donors there were ways to get around those laws. Jd. According to Rabbi Pinto's followers, Mr. Biton gathered the campaign contibutions for Rep. Grimm “in hopes that if Mr. Grimm won, he would help obtain Mr, Biton obtain a green card.” Id ‘The requested documents would shed light on Rep. Grimm's actions to help Mr. Biton ‘obtain a green card, possibly in exchange for Mr. Biton raising significant contributions to Rep. Grimm's campaign for Congress, some of which may have been illegal. The requested documents further will inform the public of the Department of State's conduct in response toDepartment of Homeland Security February 15,2012 Page 3 «efforts by a member of Congress to use the power of his office obtains green card for an individual CREW is non-profit corporation, organized under section 501(2)(3) ofthe Intral Revenue Cade. CREW is committed to protecting the public's right tbe aware ofthe activities of goverment oficials and to ensuring the integrity of those oficils, CREW uses a combination of research, litigation, and advocacy to advance its mission. The release of information amered through ths request is notin CREW's financial interest. CREW will analyze the information responsive to this request, and will share its aralysis with the publi, either through memorande, reports, or press releases. In addition, CREW will disseminate any documents it acquires fom this request to the publi through its webs, wu.citzensforethies org, which alo includes links to thousands of pages of documents CREW ‘acquired through is multiple FOIA requests as well as documents reed to CREW ’s ligation ‘and agency complains, and through wir sribd.com. ‘Under these circumstances, CREW satisfies fully the riteria for a fee waiver. ‘News Media Fee Waiver Request (CREW also asks that it not be charged search or review fees for ths request because CREW qualifies asa “representative of the news media” pursuant tothe FOIA. In Nat? See Archive v. US. Dep't of Defense, 880 F.2d 1381, 1386 (D.C. Cir, 1985, the Court of Appeals for the District of Columbia Circuit found the National Security Archive was representative of the news media under the FOIA, relying on the FOIA legislative history, which indicates the phrase “representative of the news media” is tobe interpreted broadly; “tistical thatthe phase “representative of the news media’ be broadly interpreted ifthe act sto work as expected, ... In fact, ay person or organization which regularly publishes or disseminates information tothe public... should qualify for waivers asa ‘representative ofthe news media"” 132 Cong. Rec. 14298 (daily ed. Sep. 30, 1986) emphasis added), cited in id ‘CREW routinely and systematically disseminates information tothe public in several ‘ways. First, CREW maintains a frequently visited website, womwctizensforethies org, that received 167,014 page views in January 20112. In addition, CREW posts all ofthe documents it receives under the FOIA on wwww.scribd_com, and tha site has received 1,695,201 visits to ‘CREW's documents since April 14, 2010, Second, since May 2007 CREW has published an online newsletter, CREWCuls, that ‘curently has 16,638 subscribers. CREWCuts provides subscribers with regular updates regarding CREW’s activities and information the organization has received from government entities. A complete archive of past CREWCurs is available st hpultworwcitizensforethics orp newslete.