u.s. Department at Justice Federal Bureau of Invesflganon Washington, 20535 September is, 20l7 KEN KLIPPENSTEIN MADISON Wl 53703 FOIFA Request No.2 inextataeotm Subyect: Trump Tower wiretap Dear Mr This is in response to your Freedom oi tnlormation Act request The FBI is an intelligence agency as well as a law enloioement agency. In its capacity as an intelligence agency, the FBI compiles records while carrying out its responsibilities to investigate threats to national security and gather ioreign intelligence The can neither contirm nor deny the existence ol records responsive to your request pursuant to FOIA Exemptions tblti), (bitsunnecessary to adjudicate your request tor a lee waiver, as no lees are being assessed. The nature ol your request implicates records the FBI may or may not compile pursuant to its national security and fDlEIgn intelligence lunctions Accordingly, the FBI cannot confirm or deny the existence or any records about your subieot as the mere acknawledgmem at such records existence or nonexlslenoe would in and oi itsetl trigger hairn to national security interests per Exemption (bittl and/or reveal intelligence sources and methods per Exemption tolls), SD 3024tiltll Moreover, as a lederal law enlorcement agency, a conlirniation by the that it has or does not have responsive records would be tantamount to acknowledging the existence or nonexistence oi a pending investigation it has not previously acknowledged Thererore, the FBI neither contirms nordenies the existence ol records pursuant to FOIA Exemption may>> at 5 us 0, 552 Finally, Exemption protects "recurds or inlormation compiled tor law enlorcement purposes when disclosure would disclose techniques and procedures tor law enlorcement investigations or prosecutions, or would disclose guidelines lor law enlorcement investigations or prosecutions it such disclosure could reasonably be expected to circumvention or the law." How the FBI applies its investigative resources against a particular allegation, report ol criminal activity, or perceived threat is, itsell a law enlorcement technique or procedure that the FBI protects pursuant to Exemption (b)(7l(El ol 5 us 0 552 Accordingly, a conlirmation by the that it has or does not have responsive records would be tantamount to acknowledging whele the FBI is or is not applying investigative resources thus disclosing the scope or law enlorcement techniques and procedures Fol youl lrllormalion, Congless excluded "Wee categolles 01 law and national seculity Vecords llom (he lequllements ol the FOIA m5 U. . 0 552(0) (200$ Supp IV [2010) This response is limited to those records that are subject to the requiremens ol the FOIA This is a standard notilicztion that is given to all our requesters and should not be taken as an indication that excluded records do, or do not, exist Although your request is in litigation, we are required by 5 USC § 552 (a)(6)(A) to provide you the following information concerning your right to appeal. You may file an appeal by writing to the Director, Office of Information Policy (OIP), United States Department of Justice, Suite 11050, 1425 New York Avenue, NW, Washington, D.C. 20530-0001, or you may submit an appeal through OIP's FOIA online portal by creating an account on the following web site: https://foiaonline.regulations.gov/foia/action/public/home. Your appeal must be postmarked or electronically transmitted within ninety (90) days from the date of this letter in order to be considered timely. If you submit your appeal by mail, both the letter and the envelope should be clearly marked “Freedom of Information Act Appeal.” Please cite the FOIPA Request Number assigned to your request so that it may be easily identified. Sincerely yours, David M. Hardy Section Chief, Record/Information Dissemination Section Records Management Division Enclosure EXPLANATION OF EXEMPTIONS SUBSECTIONS OF TITLE 5, UNITED STATES CODE, SECTION 552 (b)(1) (A) specifically authorized under criteria established by an Executive order to be kept secret in the interest of national defense or foreign policy and (B) are in fact properly classified to such Executive order; (b)(2) related solely to the internal personnel rules and practices of an agency; (b)(3) specifically exempted from disclosure by statute (other than section 552b of this title), provided that such statute (A) requires that the matters be withheld from the public in such a manner as to leave no discretion on issue, or (B) establishes particular criteria for withholding or refers to particular types of matters to be withheld; (b)(4) trade secrets and commercial or financial information obtained from a person and privileged or confidential; (b)(5) inter-agency or intra-agency memorandums or letters 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 clearly unwarranted invasion of personal privacy; (b)(7) records or information compiled for law enforcement purposes, but only to the extent that the production of such law enforcement records or information ( A ) could reasonably be expected to interfere with enforcement proceedings, ( B ) would deprive a person of a right to a fair trial or an impartial adjudication, ( C ) could reasonably be expected to constitute an unwarranted invasion of personal privacy, ( D ) could reasonably be expected to disclose the identity of confidential source, including a State, local, or foreign agency or authority or any private institution which furnished information on a confidential basis, and, in the case of record or information compiled by a criminal law enforcement authority in the course of a criminal investigation, or by an agency conducting a lawful national security intelligence investigation, information furnished by a confidential source, ( E ) would disclose techniques and procedures for law enforcement investigations or prosecutions, or would disclose guidelines for law enforcement investigations or prosecutions if such disclosure could reasonably be expected to risk circumvention of the law, or ( F ) could reasonably be expected to endanger the life or physical safety of any individual; (b)(8) contained in or related to examination, operating, or condition reports prepared by, on behalf of, or for the use of an agency responsible for the regulation or supervision of financial institutions; or (b)(9) geological and geophysical information and data, including maps, concerning wells. SUBSECTIONS OF TITLE 5, UNITED STATES CODE, SECTION 552a (d)(5) information compiled in reasonable anticipation of a civil action proceeding; (j)(2) material reporting investigative efforts pertaining to the enforcement of criminal law including efforts to prevent, control, or reduce crime or apprehend criminals; (k)(1) information which is currently and properly classified pursuant to an Executive order in the interest of the national defense or foreign policy, for example, information involving intelligence sources or methods; (k)(2) investigatory material compiled for law enforcement purposes, other than criminal, which did not result in loss of a right, benefit or privilege under Federal programs, or which would identify a source who furnished information pursuant to a promise that his/her identity would be held in confidence; (k)(3) material maintained in connection with providing protective services to the President of the United States or any other individual pursuant to the authority of Title 18, United States Code, Section 3056; (k)(4) required by statute to be maintained and used solely as statistical records; (k)(5) investigatory material compiled solely for the purpose of determining suitability, eligibility, or qualifications for Federal civilian employment or for access to classified information, the disclosure of which would reveal the identity of the person who furnished information pursuant to a promise that his/her identity would be held in confidence; (k)(6) testing or examination material used to determine individual qualifications for appointment or promotion in Federal Government service he release of which would compromise the testing or examination process; (k)(7) material used to determine potential for promotion in the armed services, the disclosure of which would reveal the identity of the person who furnished the material pursuant to a promise that his/her identity would be held in confidence. FBI/DOJ