DIA Fulfillment of FOIA Request Falls Far Short of Expectations

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

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

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.

Effort to Squelch Unclassified ‘Green-on-Blue’ Report Reaches Day 125

The number of American troops killed and wounded in so-called “Green-on-Blue” attacks in Afghanistan is rising, and Department of Defense officials appear to be doing everything possible to keep details about the attacks under wraps.

Five months ago, I learned Marine Corps Gen. John Allen, commander of the International Security Assistance Force (i.e., U.S. and NATO forces) in Afghanistan, had testified before the Senate Armed Services Committee March 22 on the subject of the attacks on American and coalition forces by members of the Afghan National Security Force and others masquerading as such. During his testimony, he mentioned an unclassified Army handbook, “Inside the Wire Threat — Afghanistan.”

On April 10, I used the Freedom of Information Act to request a copy of the handbook from officials at the Centers for Army Lessons Learned at Fort Leavenworth, Kan., who published it.

Per federal law, I expected to wait 20 days for a determination by Army officials as to whether they would release the document to me. At worst, I figured the Army might cite “extenuating circumstances” that allow them to delay their response by an extra 10 days. But I was wrong.

Despite exchanging dozens of messages via phone and email with Army officials and despite altering my request by requesting it be expedited and/or redacted as necessary, my FOIA request languished without a determination.

On July 25, I received a message from Anastasia Kakel at the Army’s Training and Doctrine Command at Fort Eustis, Va. She confirmed she had received my FOIA packet from officials at Fort Leavenworth. Further, the records administrator explained that she anticipated the process to take another two weeks.

On Aug. 7, I received more news about the status of my FOIA request from Kakel. In short, she explained that she expected to receive the legal review “in the next few days and then anticipate processing it to DOD FOIA Office for their review.” Most disturbing, however, was that she added the following statement to her message: “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.”

Apparently, my FOIA request is setting some sort of a precedent and has now languished for 125 days.

Following a week during which eight Americans, including Command Sgt. Maj. Kevin J. Griffin, the Army’s most-senior enlisted soldier, were killed in green-on-blue attacks, I expect DoD officials will keep me in limbo, waiting for a copy of the handbook. They cannot, however, make me wait any longer for a copy of another report I obtained recently.

“A CRISIS OF TRUST AND CULTURAL INCOMPATIBILITY” is the title of an unclassified report by behavioral scientist Jeffrey Bordin, Ph.D.

Published May 12, 2011, the ISAF-commissioned report counted 39 ISAF members — including 32 Americans — as having been murdered during a 10-month period from mid-July 2010 to mid-May 2011.

This averages one murdered ISAF member every week over the last 10 months; one every 6 days over the last six months (30-40% of all small arms caused KIA), Bordin wrote in the last paragraph of page 4 of the report.

Of note, Bordin added later in the paragraph that continued to page 5, during the last six month period (November, 2010 through April, 2011) Westerners stationed within Afghanistan’s N2KL region (Nangarhar, Nuristan, Kunar and Laghman provinces) who regularly interact and/or train with ANSF’s have been over 150 times more likely to be murdered by an ANSF member than a U.S. police officer is to be murdered in the line of duty by any perpetrator (see Appendix B, pg. 59 for calculation); this excludes the additional risks associated with regular combat for these coalition personnel.

Most damning in Bordin’s report, however, is a lengthy paragraph on page 5 that follows some discussion about green-on-blue fratricide being a part of Afghan history. It begins this way:

…the common refrain from many ISAF political and military officials has been that such murder incidents between ANSF and ISAF are “isolated” and “extremely rare.” Such proclamations seem disingenuous, if not profoundly intellectually dishonest. Also, the common assumptions widely espoused after each murder event are that the ANSF perpetrator was an insurgent infiltrator, was psychologically unbalanced, or was a rare radical Islamist extremist among the ANSF. Ironically, while the international community is alarmed about the prospects of Islamic terror and its effect, ISAF has largely refused to acknowledge the ongoing threat stemming from our ANSF allies, nor devoted resources to conduct scholarly social atmospherics research on the actual reasons and motivations of the perpetrators. Such volitional cognitive dissonance perpetrates an ongoing blindness towards acknowledging this murder problem, determining the causes, and identifying counter-measures to deter such tragedies. However, as reflected in the murder chronology and statistics outlined above, such lethal altercations are clearly not rare or isolated; they reflect a rapidly growing systemic homicide threat (a magnitude of which may be unprecedented between ‘allies’ in modern military history). They have also provoked a crisis of confidence and trust among many ISAF soldiers and civilians ‘partnering’ with ANSF personnel, adversely effecting ANSF training and operations.

The most-obvious solution to preventing — or, at a minimum, greatly reducing — the number of green-on-blue attacks is improved vetting of the Afghans with whom U.S. and other coalition forces find themselves working side by side. After all, if you cannot trust your “ally,” who can you trust?

When asked via email April 4 about the process via which ANSF members are being vetted prior to working alongside U.S. and NATO forces, LTC Jimmie E. Cummings replied as follows:

“ISAF or U.S. are not responsible for vetting Afghans for either the Afghan National Army or Police. The Afghans use a 8-step process in vetting their candidates.”

An ISAF public affairs officer, Colonel Cummings went on to refer me and my questions about the ANSF vetting process to Sediq Sediqqi, a spokesperson for the Afghan Ministry of Interior. Unfortunately, Sediqqi acknowledged receipt of my questions via email but has yet to reply with answers despite repeated followup attempts. As a result, I was forced to rely upon a NATO Media Backgrounder, dated March 2011, for details of the ANSF vetting process. Highlighting ANSF’s eight-step vetting process, an excerpt from that paper appears below:

Recruitment is now following an 8-step vetting process. Upon signing the enlistment contract agreement, the recruit must get two individuals (village elder, Mullah, or other local government representative) to sign and vouch for the recruit. These individuals are held responsible if any discrepancy in the contract is found. The recruit’s paperwork and government ID is reviewed and basic biometric information (retinal scan, fingerprints, height, age, and weight) is collected, added to the recruit’s personnel file and accompanies the recruit to training. The biometric data is then checked to see if the individual has any known criminal or insurgent links. Approximately 6% of applicants are screened out for either drug use or medical conditions.

Following a “Green-on-Blue” attack July 3 that left five U.S. troops in Afghanistan wounded, another ISAF spokesperson, Lt. Cmdr. Brian Badura, was quick to put an official “spin” on the incident. At the same time, however, he appeared to reveal that ISAF officials had recently changed their approach and were getting more involved in efforts to stop these attacks.

Commander Badura, according to a July 4 article in Stars and Stripes, said the number of attacks against U.S. and NATO troops by members of the ANSF is low relative to the number of Afghan troops and police working with ISAF forces. Evidence of a change in the approach to combating the attacks appeared in the article’s fifth paragraph:

“First and foremost, ISAF is getting together with our Afghan National Security Partners on the vetting and process they use,” he said, adding, “What we’re trying to do is make sure that any of the mitigation does not damage the trust we’ve built between the (Afghan National Security Forces) and coalition units.”

Notice the active verb, is, was used twice in that paragraph.

Via email soon after the article was published, I asked Colonel Cummings to describe what is taking place during this “getting together” process and who is involved on the U.S. forces side of the table. In addition, I asked him when the “getting together” process began, if a timeline for completing the process had been established and if, to date, the process had resulted in any changes to the vetting process.

“We (ISAF) have today, just as we discussed back in April, advise the Afghan National Security Forces (ANSF) in assisting them to develop improvements to the overall vetting and recruitment process for the ANSF,” Colonel Cummings replied. “The 8-step vetting process, which we have discussed in the past, is the result of our advising on this issue. Just like everything else that we (ISAF) advise on in Afghanistan, it is an ongoing and continuous process. We continually advise our Afghan partners on ways to improve processes. Again, the Afghans have the lead and are responsible for vetting their recruits into their security forces.”

I suspect DoD officials are hesitant to release the handbook, “Inside the Wire Threat — Afghanistan,” because the For-Official-Use-Only document exposes the fact that the vetting process falls far short of what’s necessary to ensure some sense of security among U.S. forces in country and it exposes the fact that ISAF officials have largely ignored Bordin’s year-old findings, possibly under orders from President Barack Obama.

In my upcoming second nonfiction book, THE CLAPPER MEMO, I’ll explore this subject in much more detail. Most importantly, I’ll connect the dots between a 2007 memo signed by then-Undersecretary of Defense James R. Clapper Jr. and the dozens of green-on-blue attacks in Afghanistan during the five years that followed and since he was named our nation’s top intelligence official, the Director of National Intelligence.

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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

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

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

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

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

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

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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