* Trying to get past FBI obfuscation about documents it is intentionally concealing pertaining to the 2001 anthrax attacks
Posted by Lew Weinstein on October 1, 2015
DXer commented on * The FBI is intentionally concealing and has refused to produce under FOIA the USAMRIID Notebooks 3655 and 4010 — which contain information pertaining to Bruce Ivins’ Ames spore preparations RMR (Reference Material Receipt) 1030 and RMR 1029.
Less graciously than I suggest below, some might understand the FBI’s explanation received today as:
“the canine ingested your FOIA request — please, honorable sir, overlook the months of delay and don’t sue our ass. If you don’t mind, let me try to start the clock running all over again and deprive you of the right to proceed directly to federal court.”
Dr. Dillon has requested the notebooks 4010 and 3655 in a pending request and so attorneys fees are warranted in connection with either request.
In connection with that request, the FBI speciously claimed that the documents had already been provided in the Vault. That was not true.
FOIA request 1327397; OIP appeal number AP-2015-04047
Dillon’s request is not as easily resolved, however. His request involves greater burden because it seeks additional documents the FBI is intentionally and wrongfully withholding. (My request involves almost no burden at all; certainly less than 2 hours search time).
To best position things to warrant an award of attorneys fees in litigation, always try to be very specific in your request and so a court will be able to see the FBI’s failing from a simple affidavit.
Dear Mr. Getman,
Referrals being forwarded from another agency to us are treated in a different manner than if you yourself were submitting a FOIA request, (i.e-
You do not get notification that the FBI has received your referral until the FBI actually sends you correspondence VS. if you e-mail your FOIA request to us, we give you immediate feedback)
Regardless, of how the request comes to the FBI, we strive to reach out to the requester upon receiving the request. I have re-submitted your request today, so correspondence is forthcoming.
Record/Information Dissemination Section (RIDS)
FBI-Records Management Division
170 Marcel Drive, Winchester, VA 22602-4843
PIO: (540) 868-4593
Direct: (540) 868-4286
Fax: (540) 868-4391/4997