The RIDS FOIA BUZZ: A Review

Below are copies of the RIDS FOIA Buzz, a "Freedom of Information Act Newsletter for RIDS." RIDS, which stands for the Records/ Information Dissemination Section, is the FBI component that handles FOIA/Privacy Act requests. RIDS FOIA Buzz is the newsletter that it produces.

In each edition of the RIDS FOIA Buzz is a few pages of news regarding RIDS. Each of them begins with a message from the Section Chief, David M. Hardy After his announcement, RIDS typically features about a half dozen articles on topics like recently completed FOIA requests, crazy FOIA requests, "Hot Topics," which are brief blurbs about topics or individuals that have been or are expected to be subjects of multiple FOIA requests, RIDS staff changes, and mentions of news that the RIDS staff needs to know, like other agencies FOIA office staff changes. Some inspirational quotes and amusing but safe graphics along the margins typically fill out each issue of RIDS FOIA Buzz.

The RIDS FOIA Buzz has significant value.  They provide ready examples of proof of death for FOIA requests. The quotes, while quite safe, are outside the mainstream and still enlightening. Finally, they are quite catty and there are some amusing tidbits I'll be highlighting soon.

It appears that the FOIA Buzz is no longer produced as the last copy of the RIDS FOIA Buzz is from October- November 2011 and the submitted request sought them through June 2012. A follow FOIA is in the works and any results will be posted here and elsewhere.

You can read earlier RIDS FOIA Buzz  newsletters over at the Government Attic.

Seven FBI RIDS FOIA Buzz Newsletters from 2011 to November 2011

Which Koch Brothers Organizations Have FBI Files?

A while back, a number of FOIA requests were submitted to the FBI for Koch related topics such as political groups and companies they owned.  The proxy submitter passed them on to me. I have produced stories regarding the Aspen Institute and the Flint Hills Resources. Below is a list of Koch related firms that did not (at the time) have FBI files.  I have uploaded copies of the letters for confirmation. 

Wood River Oil and Refining Company

Matador Cattle Company

Patients United Now

Competitive Enterprise Institute

Citizens For a Sound Economy

Mercatus Center

Institute For Human Studies

Americans for Prosperity

Koch-Related, FBI Final Response Letters

FBI, Department of Justice Lie About Having WikiLeaks Records

In late 2011, a FOIA request was submitted to the FBI for all its records on WikiLeaks. The FBI responded that it had no records. Not believing the FBI’s response, a FOIA appeal was submitted to the Department of Justice Office of Information Policy which upheld the FBI’s search and its findings. 

Still disbelieving the FBI/DOJ responses, a FOIA request was submitted to the Department of Justice Office of Information Policy for its records regarding the aforementioned appeal. The DOJ OIP responded and reveals that not only does the FBI have WikiLeaks records, but the FBI/DOJ lied about having records. WikiLeaks’ records are tucked away in other files, thus are considered for cross-references and not responsive because the request was for “all records” and didn’t use the magic words “cross-references.”

    OIP WikiLeaks Records     

Koch Brothers Firm, BP Targets of Terrorist Elicitation Attempt

Recently, the Department of Homeland Security and the Federal Bureau of Investigation (FBI) put out an alert warning that “ Terrorists or criminals may attempt to identify critical infrastructure vulnerabilities by eliciting information pertaining to operational and security procedures from security personnel, facility employees, and their associates. Persistent, intrusive or probing questions about security, operations or other sensitive aspects of a facility by individuals with no apparent need for the information could provide early warning of a potential attack.”
Based on the information provided, it is possible to say that the Koch Brothers Flint Hill Resources refinery in McFarland Wisconsin was a target of a possible Islamist terrorist targeting in late November 2008.

Newly declassified records show that on November 21, 2008, “an Arabic gentleman” posing as an investigator for an never identified Atlanta law firm. The caller, seeking information as to "whether Flint Hills could track where the gas tankers were going" had a particular interest in BP shipments. His refusal to give a last name or state which legal firm he was working made the answering Flint Hill Resources employee suspicious causing him to refuse to give out the requested information and call in the FBI which launched a highly-classified investigation.

The six-month investigation by the FBI was ultimately closed without charging or identifying anyone after the FBI's Milwaukee field office decided that it had "exhausted sufficient investigative resources" and that "no potential criminal violations or priority threats to national security warranting further investigation were identified."

Flint Hills Resources FBI File

Christopher Hitchens Was the Subject of an FBI Foreign Counterintelligence Probe

First, the CIA Glomars a Hitchens- related FOIA request. Now the FBI is trying to dodge my FOIA requests regarding Christopher Hitchens. Upon his death, a FOIA request as submitted seeking all FBI records pertaining to Hitchens. In response, the FBI released 19 pages of previously released documents without giving me even the right of appeal. Nor did they bother to give me a sheet listing which pages they withheld so I am not even sure of the file’s size.

The released material is riddled with b(1) redactions with (S) and (C) written next to them. This means the withheld information, despite being years and even decades- old “could be expected to cause damage to the national security” in the case of confidential classified material or “serious damage to the national security” in the case of the Secret information.”

However, the FBI’s redactions and handling of the request does not preclude us from gloaming some insights from the released material. The first two pages of material are the newest and are from INS. They are name check requests conducted by the Immigration and Naturalization in March 2005.

The next five pages of material are heavily redacted but reveal that Hitchens was the subject of a 105 investigation. A 105- file is a file pertaining to “foreign counterintelligence”. Why Hitchens was the subject of a counterintelligence probe is withheld, but there is a discussion of his activities as a Oxford socialist/Trotskyist” and that it had been discovered that Hitchens might be traveling about the United States on a scholarship. However, searches by INS and State found no records on him, so it appears that the investigation was dropped.

Hitchens comes to FBI’s attention again in December 1981. However, the record in question is almost entirely withheld on “national security” grounds. The rest of the record relates to Hitchens activities in 1983. In the beginning of the year, the United States Secret Service request information on Hitchens “in connection with the granting of a press pass for admittance to the White House.”  The FBI responded back with several memorandum and airtels which have been withheld in their entirety on “national security” grounds. There is a essentially redacted teletype from July 1983 revealing that Hitchens is involved in some foreign counterintelligence investigation, but nothing more.  In August 1983, the FBI attaché in London reported to the director that they had no information on Hitchens' travel plans and some wholly- redacted information, information redacted on “national security” grounds.  The rest of the file deals with an autumn 1983 request by Hitchens to become a permanent resident.  Except for a background form filled out by Hitchens, most of the information is withheld on “national security” grounds.

Christopher Hitchens' FBI File

CIA Glomars FOIA Request Christopher Hitchens

In response to a FOIA request, the CIA has invoked Glomar and refuses to confirm or deny the existence of any records pertaining to Christopher Hitchens.

I honestly suspect there are some records due to his past associations with communists and just the global nature of his work, fame, and persona. I am willing to wage a modicum of my meager wage that we will have some confirmation of this when the FBI responds to FOIA requests seeking Bureau records on Hitchens.

The CIA Glomars Request for Christopher Hitchens Records

Against it Before He Used it: Joe Biden and the Intelligence Identities Protection Act

This week former CIA case officer John Kiriakou was charged with two counts of violating the Espionage Act, one count of making false statements (Kiriakou is accused of having lied to the CIA's pre- publication review border about portions of his books being “fictionalized”), and one count of violating the Intelligence Identities Protection Act. 

Passed in 1982, the Intelligence Identities Protection Act was designed to deter and punish people like Philip Agee, a CIA officer turned rogue, who published a book on the agency (Inside the Company: CIA Diary) and a newsletter titled “CovertAction Information Bulletin,” in which he outed CIA case officers stationed abroad. So far, there has only been one prosecution under the Intelligence Identities Protection Act, that of Sharon Scranage who was charged under the act  in 1985 because she passed information to her Ghanaian boyfriend who turned out to be a Ghanaian intelligence operative.

Lying to the federal government is frequently punished and the Obama's use of the Espionage Act to suppress whistle blowers is almost routine. However, neither fact reduces the irony of the Obama-Biden administration's use of the Intelligence Identities Protection Act to prosecute a CIA case officer's whistle blowing to the media. 

The irony of Kiriakou's situation arises from the fact that as Senator Biden, Joe Biden opposed the Intelligence Identities Protection Act on the grounds that it would deter legitimate media investigations into national security issues. As shown by Biden's April 6, 1982 op-ed in the Christian Science Monitor. Titled "A Spy Law That Harms National Security," Biden worried that the language as it stood then and as it passed would he called supporting the Act a "mistake" that would hinder[] the press from performing this vital function”

because 

"the mere threat of such prosecution would be enough to dissuade many news organizations from pursuing stories of this kind, out of fear of the legal entanglements and cost which might result even if a reporter is finally acquitted”

and this would 

"curtail legitimate journalistic scrutiny of a particularly important and sensitive area of government, creating the possibility that wrongdoing or wrong- headedness could flourish in that area, unchecked by public awareness.”

All of which Biden argued, posed a real risk to American national security.

While opposition to the Intelligence Identities Protection Act was sparse (only 32 voted against in the house, while Biden was one of only 4 senators to oppose in the senate. He was joined by Daniel Patrick Moynihan, Gary Hart, and one Republican Charles Mathias), it did exist. After the bill passed the Senate, Moynihan warned that:

"It now appears that we will soon have a law which, while making it easier to convict scoundrels, will chill the exercise of First Amendment rights." (1)

It seems Biden and Moynihan are being proved right. 

(1) "Bill to Penalize Uncovering of Agents Passed by Senate," New York Times, 6/11/1982. pg a20

WikiLeaks is Not a FBI Target, Says DOJ, FBI

After receiving a ”no records” response from the FBI in reply to a FOIA request I had submitted for FBI records pertaining to WikiLeaks, I had an appeal submitted to the Department of Justice's Office of Information Policy. Below is the DOJ's reply:

DOJ Response to an Appeal for Wikileaks Records

The DOJ states that there are no FBI WikiLeaks files and this means that the FBI has never targeted WikiLeaks as an organization.

I suspect that the FBI has filed WikiLeaks material away in the files of individuals such as Julian Assange, Bradley Manning, and other prominent WikiLeaks figures. By doing so, it keeps the material out of the hands of the general public and media because the FBI can invoke b(6), b(7) exemptions to Glomar (i.e. neither confirm, nor deny the existence) the material unless the individual submits a Privacy Act request, dies, or is convinced to sign a waiver and allow a third party to acquire material. In short, it might be 50 years before WikiLeaks material is available to the general public through FOIA or Mandatory Declassification Review requests. 

I also think that lesser amounts of WikiLeaks material might be obtainable through FOIAing for information on attacks done by Anonymous on behalf of WikiLeaks.

The FBI Response to an OpenBSD FOIA

As ably documented by John Young on Cryptome, there was a long-running, slow-burning controversy over claims that OpenBSD had flaws built into by individuals operating at the behest of the FBI. Reading through the Cryptome documented exchanges, I failed to see anyone considered contacting the FBI, either directly or via FOIA request, on the matter and reporting a response. (1) So I had my cut- out fire off  a request for records relating to the non-profit created around the OS. Below is the no record response the Bureau sent back. Take it for what you will.

FBI No Records Response Letter RE: BSD Foundation

Since Netcraft has confirmed that BSD is dying, I doubt this will be an issue much longer.

(1) Someone did contact a former FBI agent via Twitter and received a denial. 

Is the FBI Going After Bain Capital?

The answer to the headline question is yes. About two weeks ago, the FBI evoked FOIA exemption 7(a) and denied access to all Bain Capital records on the grounds that "there is a pending or prospective law enforcement proceeding relevant to these responsive records; and that release of the information contained in these responsive records could reasonably be expected to interfere with the enforcement proceedings."

Whether or not this "enforcement proceeding" target Bain Capital founder Mitt Romney is unknown.

FBI Response to FOIA Re: Bain Capital

An Aside

Some have asked in response to other FBI FOIA request related postings on this site whether the FBI is required to release files related to an open investigation. As this response shows, the answer to that question is no. However, the response also shows that the FBI is required to acknowledge their existence. The only time Bureau is allowed to claim a no records response is during an active investigation in which acknowledgment of responsive records would compromise it.

The Pope and the Bureau: The FBI File of Pope John XXIII

The file contents aren't all that interesting, but the FBI's Record and Information Dissemination Section's ineptitude and sloth are on full display. I had a request submitted for all their records on Pope John XXIII. They give me the 10 pages of previously released material and then tell me that there might be more records where that came from. In essence, I am told to FOIA again and maybe this time they'll do their jobs.

As for the records themselves, as stated above there's nothing much to them. The file starts with a news article regarding the John XXIII's election. The second document, a three page cable from the American legation in Rome to J. Edgar Hoover regarding the health of John XXIII. In the cable, it speculated that the pope is dying from cancer (he ultimately dies from stomach cancer) and that this knowledge is being concealed by the Vatican due to John XXIII's desire to complete his work. The file concludes with some more press material about Pope John XXIII including a three page article from “Divine Love” a publication based in Fresno California, sent anonymously to J. Edgar Hoover.

Pope John XXIII's FBI File

The FBI File on the (Koch Brothers Supported) Aspen Institute

The FBI has responded to a FOIA that I had submitted for records pertaining to the Aspen Institute and released a small, 20-page file on the group. Those hoping for dirt on the Koch Brothers will be disappointed, the records deal with two separate protests directed against the organization. One lead by the US Labor Party and its minions in the National Caucus of Labor Committees (both of which were vehicles for the personal ambition of Lyndon LaRouche) which are described by in the FBI file as being “ a violent-oriented Marxist revolutionary organization, which aims to replace democracy in the U.S., with a Communist form of government,” and a smaller protest directed against the Aspen Institute in 2000.

The first protest was directed by the USLP and its NCLC wing against an Aspen Institute conference that was hosted at the Wye Plantation in Queenstown, MD in February 1979. The conference was an American-British affair supported by US State Department, which the files shows, provided security, titled, “Issues of Governance in Public Broadcasting.” The meeting featured senior figures in British and American public television. The investigation began after a member of the USPL or NCLC was caught trying to pass themselves off as a member of the Hudson Institute with orders to “pull together a dossier on the US Labor Party.” After some comparing of notes by those he contacted and those the USPL member claimed ordered his work, it was revealed that this individual was not a member of the Hudson Institute. The file is not clear, but it appears at this time that the FBI was involved. The FBI assembled a Teletype on the matter, but appears to have taken no further action.

The second protest monitored was the 8/19/2000 protest against the Aspen Institute during their 50^th anniversary celebrations. There is frankly very little of interest here except the fact law enforcement seemed shocked that the protesters were shocked to be on the receiving end of polite, respectful law enforcement behavior and that the Direct Action Network was targeted by the FBI.

FBI Records Aspen Institute

A Cornucopia of Crazy: The Westboro Baptist Church's FBI File

Recently, in response to a FOIA request submitted on my behalf, the FBI released to me its 191 page dossier on the Westboro Baptist Church, a rather vile organization known for its staunch anti- LGBT stance. As a survey of the file conducted by me reveals, the Westboro Baptist Church has experienced some degree of blowback due to their “God Hates Fags,” crusades. The file also reveals past incidents of anti-Semitic belief that drove the WBC to support a Nazi war criminal.

In response to the possibility of harm against Phelps and his clan, the FBI conducted investigations into threats against the organization. In 1996, the FBI intervened redacted after she sent threats to the Westboro Baptist Church after becoming enraged over his attitudes towards the LGBT community. They intervened the self-confessed guilty party, the served at least one subpoena (to her ISP), and fully documented the threat. Even after deciding the case was not worth federal investigative resources, the AUSA, in light of [redacted]'s possession of firearms, even tried to keep the case open in the event that Phelps traveled to the West Coast again. In 1998, the FBI investigated bomb threats against the Westboro Baptist Church. Twice in January 1999 and thrice in March 1999, bomb threats were received by the Westboro Baptist Church and each time the FBI looked into it.

Other interesting factoids gleaned from the FBI dossier on the Westboro Baptist Church:

The militia network (1) types believed that Phelps was an ally due to his and his church's anti- LGBT biogtry,and its membership occasionally became agitated to the point of threatening violence when this was discovered not to be the case.

The FBI provided information on the group to the Canadian (and possibly the Finnish) government(s). 

Westboro Baptist Church is staunchly anti-Semitic.

In one press release they described Harriet Lerner as “THE JOLLY ANTICHRIST JEW” In another press release, the Westboro Baptist Church calls Ruth Bader Ginsburg a “Jewish Dwarf,” and asks in a photo caption: Why was she chosen over 3 gentile women?” A January 1997, press release described the Office of Special Investigations' attempt to deport to Kolnhofer as “Jew vengeance” and claimed that these efforts amounted to “SHYLOCK JEWS WANT ANOTHER POUND OF FLESH. POOR OLD MAN, 79, ON LIFE SUPPORT.” It also railed against “tyrant Jew Judges” and :Bloody Nazi Jews” in Kansas who supposedly attacked members of the church and suppressed their free speech and freedom of religion rights. The press release concluded with a announcement that the WBC would be protesting the Holocaust Museum (alternatively described as the “Holocaust Memorial Sodomite Museum and the Holocaust Fag Museum,” in Washington DC in January 1998.

The reason for the Westboro Baptist Church's litigious nature is their refusal “to solicit or accept financial contributions, being of the Old School Baptist persuasion, whose churches never pass the plate, lest the Gospel be deemed for sale.”

His family has criminal behavior and the FBI recommended that “caution should be used when addressing [redacted] and his followers. Some of the family members, including [redacted] have criminal records to include battery, extortion, witness intimidation, harassment, and other miscellaneous charges.

They view their signs as “huge, colorful, state of the art productions”. In a Twitter message, Zacharias Phelps Roper confirmed that this still their view, stating: "Absolutely! (＾ｰ^)ノ".

The FBI informed on WBC to [redacted] of [redacted Canadian law enforcement or intelligence agency]. It also appears that the FBI did a “threat assessment” regarding the Westboro Baptist Church and the risk they they posed to then-Finnish President Tarja Halonen.

When contacted by the author for comment and follow up questions, Timothy Phelps replied:

That's great news!  If there's anything in there that might remind you of your duty to serve your Creator, focus on that part. The rest can be used as you see fit (toilet paper, bird cages, kindling, or what not) 

 The Westboro Baptist Church's FBI File


(1) That was a poor choice of words. Thanks to Jesse Walker for pointing out my error.

Intelligence Reports on the Croatian Fraternal Union

A few days ago, I posted a recently declassified and released document detailing how the United States State Department and the Federal Bureau of Investigation investigated the Croatian Fraternal Union, a Croatian-American mutual-benefit society, for over three decades.

Working my way through my thesis material collection, I happened upon this Office of Strategic Services (OSS) report on the Croatian Fraternal Union. Officially undated, textual clues hint that it was created some time after March 1942. The report is on an internal power struggle between factions of the CFU over issues of leadership.

This surveillance of the Croatian Fraternal Union is less surprising given the alliance between the Independent State of Croatia (NDH) and Nazi Germany.