Category Archives: Freedom of Information Act

DIA Fulfillment of FOIA Request Falls Far Short of Expectations

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On May 9, I shared news about how I had received a response from officials at the Defense Intelligence Agency to a Freedom of Information Act request I had submitted almost 10 months earlier.  I found it strange and less than coincidental that DIA’s response came less than two weeks after the release of my book, THE CLAPPER MEMO, which is critical about the agency’s involvement with the subject matter of my FOIA request.  Well within the 60-day window available to appeal the agency’s response, I forwarded the following letter, postmarked with today’s date, to the DIA’s FOIA Office in Washington, D.C.:

To Whom It May Concern:

Almost 10 months after I submitted a Freedom of Information Act Request (Case #0329-2012) to your agency, I received a letter (dated May 2, 2013) from Alesia Y. Williams, Chief of the FOIA Staff, containing the Defense Intelligence Agency’s response to said request.  Unfortunately,  YOUR AGENCY’S FULFILLMENT OF MY REQUEST FALLS FAR SHORT OF REASONABLE EXPECTATIONS.

My initial FOIA request of July 16, 2012, read as follows:

In accordance with 5 USC, and Public Law 106-554, I would like to request copies of any and all initial and follow-up contracts (i.e., solicitations, contracts, statements of work and task orders) related to the Portable Credibility Assessment Screening System (PCASS) or Preliminary Credibility Assessment Screening System (PCASS) that have been awarded by any Department of Defense agency to Lafayette Instrument Company of Lafayette, Indiana, and any other contractors, academic institutions, laboratories and subcontractors from January 1, 2000, to present.

In responding to my request, you included only 12 pages of documentation dating back as far as June 25, 2010.  That, by any stretch of the imagination, is UNSATISFACTORY; therefore, I must contest the $155.80 assessment for “professional search and review time of 3.5 hours at $44.00 per hour, reproduction and release costs of 12 pages at 15¢ per page.”  Until such time as a genuine effort is made on behalf of your agency to provide the requested documentation, I shall not remit payment as requested.

Sincerely,

Bob McCarty

Why are DIA officials so reluctant to provide documentation related to PCASS (a.k.a. “portable polygraph”) contracts?  For starters, I suspect they know the information will, when made public, damage the credibility of these professionals allegedly in the business of credibility assessment.  For more answers to that question, however, you’ll have to read THE CLAPPER MEMO.

Already endorsed by three heavyweight Americans, THE CLAPPER MEMO is available in paperback or ebook versions at Amazon.

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Bob McCarty is the author of Three Days In August and THE CLAPPER MEMO. To learn more about either book or to place an order, click on the graphic above.

Coincidence or DIA Cover-Up? Timing of Response to FOIA Request Raises Questions

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Coincidence or not?  Today, I received a letter from Alesia Y. Williams, chief of the Defense Intelligence Agency’s Freedom of Information Office.  She informed me that her letter constituted DIA’s official response to my FOIA request July 16, 2012.  Did I mention that her letter was dated May 2, the day I released my second nonfiction book, THE CLAPPER MEMO, for which I sought the information.  It’s true.

DIA FOIA Response Recd 5-9-13In my FOIA request to Williams’ agency almost 10 months ago, I requested “copies of any and all initial and follow-up contracts (i.e., solicitations, contracts, statements of work and task orders) related to the Portable Credibility Assessment Screening System (PCASS) or Preliminary Credibility Assessment Screening System (PCASS) that have been awarded by and Department of Defense Agency to Lafayette Instrument Company of Lafayette, Indiana, and any other contractors, academic institutions, laboratories and subcontractors from January 1, 2000, to present.”

As I reported in a piece July 27, 2012, I received an “interim” response to my aforementioned FOIA request:

“We will be unable to respond to your request within the FOIA’s 20 day statutory time period due to unusual circumstances… your request has been placed in our queue and will be worked in the order the request was received. Our current administrative workload is in excess of 1,352 requests.”

Three days later, after I reminded her that the law requires she provide me with a specific date by which I should expect a reply, she told me I should not expect a reply earlier than nine months from today — or April 30, 2013.  She was off by nine days.

Now, back to the letter I received today and the 12 pages of heavily-redacted documents accompanying it:  The documents date back only as far as April 2010 and contain very little useful information pertinent to the contracts.

Here’s the kicker:

“Please remit to this office a check or money order made payable to the Treasurer of the United States in the amount of $155.80,” Williams wrote.  “This fee is for professional search and review time of 3.5 hours at $44.00 per hour, reproduction and release costs of 12 pages at 15 cents per page.  Please write on your payment the case number assigned to your request.”

Of course, she added a paragraph at the end of her letter in which she stated that I have 60 days to appeal the charges.  I think I will.

Do I think it’s a coincidence that the response came in a letter bearing the date I published THE CLAPPER MEMO?  When you read the book, and you’ll understand how I reached that conclusion.

You can order a copy of THE CLAPPER MEMO in paperback or ebook versions from Amazon.  It comes highly recommended.

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Bob McCarty is the author of Three Days In August and THE CLAPPER MEMO. To learn more about either book or to place an order, click on the graphic above.

126-Day Pursuit of Army Handbook on ‘Green-on-Blue’ Attacks in Afghanistan Ends

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One day after publishing startling news about Pentagon efforts to keep information about the so-called “Green-on-Blue” attacks in Afghanistan out of public view, I received an electronic letter from James P. Hogan, chief of the Defense Freedom of Information Policy Office. In short, Hogan told me I must jump through another “hoop” before one of his staffers can make a determination about a Freedom of Information Act request I filed April 10. After 126 days of trying to obtain a copy of the handbook through official channels, I said, “That’s enough!”

Bearing today’s date, Hogan’s letter arrived as an attachment to an email message and stands as the latest communiqué among dozens related to my request for a copy of the unclassified Army handbook, “Inside the Wire Threat — Afghanistan.”

I became interested in the handbook after it was mentioned by Gen. John Allen, commander of the International Security Assistance Force (i.e., U.S. and NATO forces) in Afghanistan, during his March 22 Senate Armed Services Committee testimony on the subject of the attacks by members of the Afghan National Security Force and others masquerading as such that have left dozens of American and coalition troops dead and wounded during the past five years.

Despite the fact that I had already indicated to Army and DoD officials that a redacted version of the document, erased of all sensitive content, will satisfy my FOIA request, Hogan explained in his letter — the text of which appears below — the details of yet another “hoop” through which he wants me to “jump”:

Dear Mr. McCarty:

This is concerning your April 10, 2012, Freedom of Information Act (FOIA) request, addressed to the Department of the Army for a copy of the handbook entitled, “Inside the Wire Threats — Afghanistan.”

The U.S. Army Training and Doctrine Command (TRADOC) located the document responsive to your request and upon review of the document determined that portions may be exempt from public disclosure pursuant to Exemption 3 of the FOIA. This exemption protects information prohibited from disclosure by another federal statute. In this instance, 10 U.S.C. § 130e, which protects DoD Critical Infrastructure Security Information (CISI), may apply to the document you requested. I have provided a copy of the statute for your review.

In accordance with 10 U.S.C. § 130e, the Secretary of Defense has delegated the authority to exempt CISI to the Director of Administration and Management (DA&M), Mr. Michael L. Rhodes. As my office is responsible for the review of 10 U.S.C. § 130e actions, TRADOC forwarded your request and the document to us for processing and a final determination by the DA&M.

Section (a)(2) of 10 U.S.C. § 130e requires the DA&M to determine that “the public interest consideration in the disclosure of such information does not outweigh preventing the disclosure of such information” when making the decision to exempt CISI. Accordingly, we are giving you the opportunity to provide the DA&M with information detailing the public interest in the disclosure of the requested information. Any documentation that you wish to provide the DA&M in making his decision should be received in this office by August 31, 2012, and can be sent by email to dfoipo@whs.mil. If we do not receive this documentation by that date, the DA&M will make his decision regarding release of document without your input.

Section (e) of 10 U.S.C. § 130e requires the DA&M to make his exemption determinations and the basis for those determinations available to the public. Because your correspondence to the DA&M is part of the basis of his determination, it will be posted online if he determines the requested information to be exempt from public release.

Please include case number 12FEX130E-004 on all future correspondence involving this matter. If you have questions or concerns, please do not hesitate to contact this office at 571-372-0462 or by email at dfoipo@whs.mil.

TheClapperMemoFrontCoverLR 6-5-13After receiving Hogan’s letter and before posting this article, I informed the DoD official that I wanted to withdraw my FOIA request and, in so doing, relieve him and his colleagues of the need to issue a determination on the release of the controversial handbook.

Why on earth would I do that?

I’ll answer that question and many others in my upcoming book, THE CLAPPER MEMO, set for release this fall.

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Bob McCarty is the author of two nonfiction books, Three Days In August: A U.S. Army Special Forces Soldier’s Fight For Military Justice (Oct ’11) and THE CLAPPER MEMO (May ’13). Both are available online in paperback and ebook.

Army Passes ‘Buck’ to DoD After Stalling FOIA Request 120 Days

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ONE-HUNDRED-TWENTY DAYS after U.S. Army officials received the Freedom of Information Act request in which I asked for a copy of an unclassified Army handbook, “Inside The Wire Threats — Afghanistan,” those same officials have told me my wait isn’t over just yet.

Published by the Centers for Army Lessons Learned at Fort Leavenworth, Kan., the handbook came to my attention after it was mentioned by Gen. John Allen, commander of U.S. and NATO forces in Afghanistan, during his March 22 Senate Armed Services Committee testimony. That testimony was focused on the “green-on-blue” attacks that have resulted in dozens of Americans being killed or wounded by their so-called “allies” in the Afghan National Security Force during the past five years. In fact, one soldier was killed and two were wounded, according to news reports like this one, when two gunmen wearing Afghan army uniforms opened fire on them Tuesday.

In an email message Tuesday afternoon, Anastasia Kakel apologized for underestimating the time frame for processing my request and blamed the delay on “required processing outside of my office.”

The records administrator at the Army’s Training and Doctrine Command at Fort Eustis, Va., Kakel went on to explain that she expects to receive the legal review “in the next few days and then anticipate processing it to DOD FOIA Office for their review.”

After explaining some of the logistical issues related to processing the request, Kakel wrote, “At this time, I can’t estimate how long it will take, as this is the first time we are processing a FOIA request this way.”

Combined with what I reported in a post July 18 (i.e., that a source within the Army FOIA community told me that my wait for a determination ranks among the longest imposed on anyone by Army officials during the past three years), the news about my request attaining “first time” status leaves me wondering several things:

Why are Army officials — and, possibly, DoD officials — so uncomfortable with the prospect of the handbook’s content becoming public?

Does the handbook contain information that, if made public, will result in U.S. troops being placed at higher risk of attack as they serve their country in Afghanistan? or

Does it simply contain information that will result in someone being embarrassed or shamed by its release?

Stay tuned for answers in future reports.

RELATED:  According to news reports like this one, another U.S. soldier was killed and two were wounded when two gunmen wearing Afghan army uniforms opened fire on them Tuesday.

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Bob McCarty is the author of two nonfiction books, Three Days In August: A U.S. Army Special Forces Soldier’s Fight For Military Justice (Oct ’11) and THE CLAPPER MEMO (May ’13).  Both are available online in paperback and ebook.

DIA Employs Army Tactics in Response to FOIA Request — UPDATED

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A letter received yesterday seems to indicate that officials at the Defense Intelligence Agency are stealing a page from the U.S. Army’s playbook when it comes to dealing with pesky Freedom of Information Act requests — mine!

Described as an “interim response” to my request for copies of certain technology-related contracts, the letter included the following wording:

We will be unable to respond to your request within the FOIA’s 20 day statutory time period due to unusual circumstances… your request has been placed in our queue and will be worked in the order the request was received. Our current administrative workload is in excess of 1,352 requests.

I followed up receipt of the letter by asking DIA FOIA officials to comply with the law by providing a specific date by which my request will be fulfilled.  Still waiting for a response.

Exactly what is it that I’ve requested via FOIA? Can’t say yet, but it has to do with certain defense interrogation technology contracts about which I’ve been suspicious since 2009. Those details and more will appear in my next book, THE CLAPPER MEMO, set for release this fall.

UPDATE 7/30/12 at 12:15 p.m. Central:  I spoke with Alesia Y. Williams, chief of the DIA’s Freedom of Information Office staff, about the interim response I had received as described above.  I told her that, by law, she must provide a specific date by which I should expect a reply.  She told me I should not expect a reply earlier than nine months from today — or April 30, 2013.  I asked her to put it in writing.  She said she would.  So much for adhering with the law.

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Army Estimate: Two More Weeks on FOIA Request

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As things stand right now, Army officials are on what might be a record-setting pace when it comes to responding slowly to my Freedom of Information Act request for a copy of an unclassified Army handbook, “Inside The Wire Threats — Afghanistan,” published by the Centers for Army Lessons Learned at Fort Leavenworth, Kan.

As I reported in a post July 18, a source within the Army FOIA community told me that my wait for a determination ranks among the longest imposed on anyone by Army officials during the past three years.  More details of my FOIA quest are outlined in my post, Army Freedom of Information Act Request Reaches 105 Days.

Yesterday morning, however, I received an update in the form of an email from Anastasia Kakel, a FOIA official at Fort Eustis, Va., home of the Army’s Training and Doctrine Command.

“I estimate a response to you in two weeks,” she said.

If her estimate proves accurate, I should know something by Aug. 78 — Day 120.

I’m waiting with bated breath.

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Army Freedom of Information Act Request Reaches 105 Days

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Federal government agencies are required, by law, to make determinations on Freedom of Information Act requests within 20 days of their receipt unless extenuating circumstances prevent such determinations from being made; then the law allows an additional 10 days to be added to the time limit.  As of today, I’ve waited 105 days for the U.S. Army to comply with my FOIA request for a copy of an unclassified Army handbook related to the war in Afghanistan.  Why?

For several reasons, I became interested in the handbook after learning that it was mentioned by Gen. John Allen, commander of U.S. and NATO forces in Afghanistan, during his Senate Armed Services Committee testimony March 22.

One thing that caught my attention was the subject matter of General Allen’s testimony — the so-called “green-on-blue” attacks that have seen dozens of Americans killed or wounded by their so-called “allies” in the Afghan National Security Force during the past five years.

Another was the title of the handbook, “Inside The Wire Threats — Afghanistan.”

It doesn’t take a rocket scientist to conclude that the unclassified handbook might contain details, positive and negative, about how General Allen’s troops are dealing with the subject of the green-on-blue attacks.  It does, however, take patience and flexibility to deal with the Army.

As I pointed out in my July 2 post on this subject, I amended my original FOIA request, dated April 10, to allow the Army to provide only “releasable information” the document contains, meaning they can redact anything that might compromise operational and/or communications security.  Sadly, it doesn’t seem to be helping.

Senior Army officials seem content to keep stonewalling me as they continue hiding behind low-level operatives at the Centers for Army Lessons Learned, the Fort Leavenworth, Kan.-based agency that published the handbook for the Army.

There’s no need to fret, though.  Even without the handbook, I’ll be able to shed a great deal of light on this subject matter in my second nonfiction book, THE CLAPPER MEMO, set for release this fall.

In this book, I’ll connect the dots between a 2007 memo signed by James R. Clapper Jr.— the man now serving as our nation’s top intelligence official — and the green-on-blue attacks that have taken place in Afghanistan since he signed the memo.

UPDATE 7/25/12 at 11:46 p.m. Central: I received an update via email this morning from a FOIA Office official at Fort Eustis, Va., home of the Army’s Training & Doctrine Command (TRADOC).  She said, “I estimate a response to you in two weeks.”  If it proves to be accurate, that will mark Day 120.  Waiting with bated breath.

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Freedom of Information Act Request Passes 100-Days Mark

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On April 10, I submitted a Freedom of Information Act request to the U.S. Army.  Today, I feel like the anti-oppressive government protester who, in 1989, stood in front of the tank in Tianenmen Square, refusing to let it pass.

Unlike what transpired more than 23 years ago in China, the Army is the tank today, and I’m the lone protester.  Instead of demanding freedom, I’m simply demanding transparency and openness from government officials who appear to be waging a coverup.

Exactly what is it I want from the Army?

In my FOIA request, I asked for a copy of an unclassified handbook, “Inside The Wire Threats — Afghanistan,” published by the Centers for Army Lessons Learned at Fort Leavenworth, Kan.  It’s the same document Gen. John Allen, commander of U.S. and NATO forces in Afghanistan, mentioned during his March 22 testimony on the topic before the Senate Armed Services Committee.

As of today, more than 100 days have passed without a determination as to whether Army officials will provide me with the document.  Apparently, Army officials are content to ignore federal statutes that require determinations be made within 20 days — or 30 days if extenuating circumstances exists — of receipt of a FOIA request.  They’ve now gone more than 70 days beyond the letter and spirit of the law.

I’m always intrigued when the contents of an unclassified Army document result in government officials displaying a callous disregard for the law.  Makes me wonder if the unclassified contents of the handbook are truly worthy of such safeguarding or if they’re being kept out of the public eye because of the negative publicity and/or embarrassment their release might cause.

As I reported in a post July 18, a source within the Army FOIA community has told me that my wait for a determination ranks among the longest imposed on anyone by Army officials during the past three years.

General Allen knows about the threats facing American troops serving under him as members of the International Security Assistance Force in Afghanistan.  Furthermore, he knows what’s in the handbook.  Most importantly, however, he knows whether or not the contents of the handbook will add significantly to any meaningful discussion of the so-called “green-on-blue” attacks — the subject of his aforementioned Senate testimony — which have left dozens of Americans wounded or dead in Afghanistan.  At the hands of their “allies” in the Afghan National Security Force.

Wisely, as I reported in a post July 10, General Allen — a Marine — is leaving it up to the Army to make the FOIA determination.

One way or the other, I’ll share the outcome of this FOIA request in my second nonfiction book, THE CLAPPER MEMO, set to be released this fall.  Stay tuned!

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FOIA Request: 99 Days Pass Without Determination by Army

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Though 99 days have passed since I submitted a Freedom of Information Act request to the U.S. Army, today was a productive day in terms of learning about the Army’s decision-making process relative to my request for a copy of the unclassified handbook, “Inside the Wire Threats — Afghanistan.”


A source within the Army FOIA community told me today that my 99-day wait for a determination about my request ranks, albeit unofficially, among the longest FOIA waiting periods imposed on anyone by Army officials during the past three years.

In addition, my source informed me that there has been much disagreement within Army circles as to whether the contents of the handbook, a product of the Centers for Army Lessons Learned at Fort Leavenworth, Kan., deserve to be kept under such a tight grip.

Though I’ve thought about filing a FOIA request to obtain copies of any and all unclassified communications that have taken place inside the Army related to my FOIA request, I decided that might make some Army people cranky and prevent them from wanting to help in the future — think ever — when I need to obtain information.  So I guess I’ll just keep waiting.

Meanwhile, stay tuned for more developments as they surface.

* * *

TheClapperMemoFrontCoverLR 6-5-13In case you’re wondering why I want to obtain a copy of the handbook, the answer is simple and has to do with the subject matter of my soon-to-be-published second nonfiction book, THE CLAPPER MEMO.

In THE CLAPPER MEMO, I’ll expose never-before-published details of my investigation into the “green-on-blue” attacks and other matters related to the interrogation technologies now being used — and, in some cases, not used — by U.S. military and intelligence officials around the world for things such as vetting detainees, enemy combatants and third-country nationals.

The product of more than three years of painstaking investigation, dozens of interviews and a whole lot of FOIA requests, THE CLAPPER MEMO goes so far as to connect the dots between a single memo signed by James R. Clapper Jr. — the man now serving as our nation’s top intelligence official — and the green-on-blue deaths of dozens of Americans in Afghanistan since that memo was issued.

While you await the release of THE CLAPPER MEMO, be sure to order a copy of my first nonfiction book, Three Days In August: A U.S. Army Special Forces Soldier’s Fight For Military Justice.  It’s available in paperback and ebook via most online booksellers, including Amazon.com. Thanks in advance!

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DIA Officials Make Freedom of Information Hard Act to Follow

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Defense Intelligence Agency officials seem intent on making things difficult for anyone trying to follow through on a Freedom of Information Act request.

On July 6, I submitted a list of 18 questions to DIA PAOs.  In reply, Army LTC Thomas F. Veale did not immediately provide answers to my questions; instead, he replied three days later with several questions for me.  I answered his questions, all of which centered on my upcoming second nonfiction book, THE CLAPPER MEMO.  Details about his questions can be found in this post.

On July 13, Colonel Veale delivered a response:   “Given the depth of detail of your project and my understanding of DoD’s standard procedure for detailed book queries, I believe you should complete the book project support process.”

After suspecting that the “book project support” option would turn into another round of stonewalling similar to the 100-days-long experience I’ve had with the Army, I decided to take an alternative route suggested by Colonel Veale:  FOIA. With the FOIA route, I felt as if I had a sliver of hope that DIA officials might comply with federal laws.

This afternoon, I visited the DIA website’s FOIA instructions page, read through the instructions and opted to use the PDF form option — which, by the way, requires you to fill in the blanks and print out your document rather than allow you to save it as a file that can be emailed easily.

After typing in my pertinent information in the PDF blanks, I printed out the newly-created two-page document and tried to fax it to the DIA fax number provided on the DIA instructions page.  Unfortunately, two attempts yielded nothing but ring tones.  It was as if the DIA fax number refused to recognize my fax machine’s cry, “ANSWER ME!”

My final option was to scan the two-page document I had already printed out and forward the new document to the DIA email address, FOIA@dodiis.mil, provided on the DIA instructions page.  I did that, but with much trepidation — and with good cause:  One minute after sending the document to DIA as an attachment to an email message, I received three “failure” notices.  It appears as if only one of the four recipients to whom my FOIA request was addressed received my message.  We’ll see how this turns out.   Perhaps a change of command at DIA will help.  More on this later.

UPDATE ON MY ARMY FOIA EXPERIENCE

Just before 4 p.m. Central today, I received an email update from Nancy Davis regarding the Army FOIA experience mentioned above and in previous posts like this one.

The woman whose business card must be the size of a billboard because of the length of her title (i.e., “Installation Records Management/FOIA-PA, Directorate of Human Resources, Office of the Adjutant General, U.S. Army Garrison, Combined Arms Center, Fort Leavenworth, KS”) emailed the following update:  “We are continuing to wait on the (Staff Judge Advocate’s) review and opinion.  As soon as we have it, it is ready to go to the (Army Training & Doctrine Command) Initial Denial Authority.  I have CC’ed Ms. Kakel on this email and she is standing by to receive it. Thanks.”

Upon reading her message, I fired back a question:  “I might be mistaken, but doesn’t the phrase, Initial Denial Authority, tell me all I need to know?”

A few minutes later, Davis offered this polite response:  “No.  The role of the IDA is to review any recommended redactions, to reason how best to make a release of information and to work with the HQDA Office of the Judge Advocate in the explanation of why agencies are concerned when their information may be released.  It is the HQDA Office of the Judge Advocate that has the final decision. I hope this helps.”

NINETY-SEVEN DAYS after submitting my FOIA request to the Army, my confidence is bubbling over (NOT)!  More on this subject later, too!

UPDATE 7/17/12 at 9:53 a.m. Central:  A third attempt at sending the FOIA request to DIA via fax succeeded.  Now, we wait for answers.

UPDATE 7/20/12 at 11:14 a.m. Central:  A few minutes ago, I tried contacting two DIA PAOs with whom I’ve been communicating via email.  My emails bounced back.  Twice.  Additionally, my emails to the email address listed on the DIA FOIA website bounced back.  For some reason, I don’t think I’m going to be getting anything from DIA without filing a federal lawsuit.

* * *

TheClapperMemoFrontCoverLR 6-5-13

In my soon-to-be-published second nonfiction book, THE CLAPPER MEMO, I’ll expose never-before-published details of my investigation into the “green-on-blue” attacks and other matters related to the interrogation technologies now being used — and, in some cases, not used — by U.S. military and intelligence officials around the world for things such as vetting detainees, enemy combatants and third-country nationals.

The product of more than three years of painstaking investigation, dozens of interviews and a whole lot of FOIA requests, The CLAPPER MEMO goes so far as to connect the dots between a single memo signed by James R. Clapper Jr., the man now serving as our nation’s top intelligence official, and the green-on-blue deaths of dozens of Americans in Afghanistan since that memo was issued.

While you await the release of THE CLAPPER MEMO, be sure to order a copy of my first nonfiction book, Three Days In August: A U.S. Army Special Forces Soldier’s Fight For Military Justice.  It’s available in paperback and ebook via most online booksellers, including Amazon.com. Thanks in advance!

NOW AVAILABLE!

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