Tuesday, October 21, 2008

"Obvious Stonewalling": Savage Finds BATFU in Willful Violation of FOIA Request

Via E-mail :

FOIA request 08-1494

Ms. Graham,

In your final "final response" to my Freedom of Information Act (FOIA) request for "the documents and final determinations of the investigations" of the four closed investigations based on complaints made by myself or on my behalf.

Due to the poor punctuation in the response I can only assume the BATFE disclosure division meant to cite the following, which BATFE contends is exempt from disclosure under the Title 5, United States Code, Section 552(b):

b(5) inter-agency or intra-agency memoranda or letter which would not be available by law to a party other than an agency in litigation with the agency;

b(6) personnel and medical files and similar files, the disclosure of which would constitute a clear and unwarranted invasion of personal privacy;

It's a bit hard to envision b(6) as being applicable, as I never asked for personnel or medical files. BATFE can probably justify at least some of b(5); however, I don't see how the disclosure division can lawfully withhold the results of the investigations as I originally requested in September.

This is obvious stonewalling. It appears you are parsing words of the law to prevent the results of the investigations from becoming known. Your office clearly stated: "We are transferring these documents to that federal agency..." In other words your disclosure division admits it had the documents and got rid of them to prevent from complying with my lawful FOIA request? Perhaps another FOIA asking for a budget breakdown of how much money your office and the BATFE spent in man hours and all other expenses while responding to my FOIA request 08-1494 is in order? I would think the results of that would be of great interest to the U.S. Inspector General, the honorable Glenn Fine.

Ms. Graham, please respond to my original FOIA request for "the documents and final determinations of the investigations".

Respectfully,

Len Savage
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Ain't that something? And note when they want records, they just come in, armed, and seize them.--DC

7 comments:

Anonymous said...

People who are in government that don't follow the laws are a real problem because there is no way to get justice being a victim of such conduct.

Anonymous said...

Hanging the treasonous bastards would be too good for these servants of the so-called People.

David Codrea said...

So anon--will you affix your name to that statement, or by putting it on my blog do you expect my name to be the one affiliated with it?

Kent McManigal said...

If anon won't claim his words, I will. "Nurmeberg II"; we're waiting....

Anonymous said...

Well, I have to say that I agree hanging is too good for them, but what they deserve would irreparably harm the souls of those providing it.

charles h. sawders

Anonymous said...

How about simple accountability?

If, as a FFL holder I ever willfully violate Federal Law, I am held accountable. Heck, even if I don't do it willfully I still get held accountable.

Ask Ryan Horsely about that...

This new "ruling class" or "only ones" mentality is simply a symptom of the root problem. You don't treat the symptom. You treat the cause.

My willingness to present the facts are not meant to be cause for violence. They are meant to be a motivation for changing out the broken parts of the government of "we the people" by NON-violent means.

I, of all people, do understand the frustration expressed in your comments.

To put it in terms of a gunmaker:

Yes, there are times I do reach for a hammer to shape and form metal. There are for more times I reach for a file or gentle heat to form the metal....don't always reach for the hammer, there are far more tools in the box, that in the end require less repair of mistakes, and require less effort...

Len

Kent McManigal said...

I think we have gone throught the whole tool box and found all the tools to be ineffective. It's time to either use the hammer or invent a new tool.