18-F-0317 JAN Og LtJ 3511 NW 91 Ave, Doral, FL 33172 (305) 376-3179 Jan.9,2018 FOIA REQUEST Dear FOIA Officer: Pursuant to the federal Freedom of Information Act, S U.S.C. § 552, I request copies of all audio recordings of open-court military commissions proceedings and ask that the audio recordings of classified (806 and SOSH) sessions be protected until such time they are releasable under the Freedom of Information Act. I agree to pay reasonable duplication fees for the processing of this request in an amount not to exceed $25.00. Please notify me prior to your incurring any expenses in excess of that amount. As a representative of the news media I am gathering information relevant to my reporting about the military commissions at Guantanamo Bay, Cuba. This information is being sought on behalf of The Miami Herald, a McClatchy newspaper for dissemination to the general public. If my request is denied in whole or part, I ask that you justify all deletions by reference to specific exemptions of the act. I will also expect you to release all segregable portions of otherwise exempt material. I, of course, reserve the right to appeal your decision to withhold any information or to deny a waiver of fees. Thank you for your assistance. Sincerely, Isl Carol Rosenberg I B--- F- oJ 9 r JAN O9 201P Rel ucster Details To modify details click on "My Account" in the left panel. If the link is not available contact the FOIA Office to have the changes made. Ms. Carol Rosenberg The Miami Herald, a McClatchy Newspaper 3511 NW 91st Ave Miami, FL 33172 (305) 376-3179 Phone crosenberg@miamiherald.com Requester Default Category: Other Custom Fields Requester Control # Previous Address 2 Submit New Request Please complete all the required fields marked with an asterisk ( * ). General Information *Request Type Requester Category Shi l FOIA News Media lin° Address *Streetl Street2 *City *State *Country *Zip Code 3511 NW 91st Ave Miami Florida United States 33172 Re( ut·st Information Attachment *Description Date Range for Record Search foia-audio.doc I hereby request copies of all audio recordings of open-court military commissions proceedings and ask that the audio recordings of classified (806 and 505H ) sessions be protected until such time they are releasable under the Freedom of Information Act. From 08/02/2004 To O1/09/2018 Fee I nfonnation Willing Amount Custom Fit·lds Requester# Only Click "Submit" Once 25 DEPARTMENT OF DEFENSE OFFICE OF FREEDOM OF INFORMATION 1155 DEFENSE PENTAGON WASHINGTON, DC 20301-1155 'fM 1 2 2018 Ref: 18-F-0399 Ms. Carol Rosenberg The Miami Herald 3511 NW 91st Ave Miami, FL 331 72 Dear Ms. Rosenberg: This is an interim response to your January 9, 2018, Freedom oflnformation Act (FOIA) request, a copy of which is attached for your convenience. We received your request on January 9, 2018, and assigned it case number 18-F-0399. We ask that you use this number when referring to your request. Although we have already begun processing your request, we will not be able to respond , within the FOIA's 20-day statutory time period as there are unusual circumstances which impact our ability to quickly process your request. The FOIA defines unusual circumstances as (a) the need to search for and collect records from a facility geographically separated from this office; (b) the potential volume of records responsive to your request; and (c) the need for consultation with one or more other agencies or DoD components having a substantial interest in either the determination or the subject matter of the records. At least one, if not more of these scenarios applies or would likely apply to your request. While this office handles FOIA requests for the Office of the Secretary of Defense (OSD), the Joint Staff (JS) and other component offices, we do not actually hold their records and our office is not geographically located with these organizations. As we do not hold the records, until the required records searches are complete, we are unable to estimate the potential volume of records or the number of consultations that will be required to make a release determination. Your request has been placed in our complex processing queue and is being worked based on the order in which the request was received. Our current administrative workload is approximately 2,240 open requests. If you have any questions or wish to discuss the reformulation of your request or an alternative time frame for the processing of your request, you may contact Mr. Charles Marye, the Action Officer assigned to case number 18-F-0399, at charles.c.marye.civ@mail.mil or (571) 372-0407. The OSD/JS FOIA Public Liaison, Jim Hogan, is available at 571-372-0462 or by email at OSD.FOIALiaison@mail.mil to answer any concerns about the foregoing. Additionally, you may contact the Office of Government Information Services (OGIS) at the National Archives and Records Administration to inquire about the FOIA mediation services they offer. The contact information for OGIS is as follows: Office of Government Information Services National Archives and Records Administration 8601 Adelphi Road-OGIS College Park, MD 20740 E-mail: ogis@nara.gov Telephone: 202-741-5770 Fax:202-741-5769 Toll-free: 1-877-684-6448 We regret the delay in responding to your request and appreciate your patience. Sincerely, ~e.~ ~tephanie L. Carr Chief Enclosure: As stated DEPARTMENT OF DEFENSE OFFICE OF FREEDOM OF INFORMATION 1155 DEFENSE PENTAGON WASHINGTON, DC 20301-1155 RB 2 1 2018 Ref: 18-F-0399 Ms. Carol Rosenberg The Miami Herald 3511 NW 91st Ave Miami, FL 331 72 Dear Ms. Rosenberg: This is the final response to your January 9, 2018, Freedom oflnformation Act (FOIA) request, a copy of which is attached for your convenience. Your request was received in this office on January 9, 2018, and assigned FOIA case number 18-F-0399. We ask that you use this number when referring to your request. The Office of Military Commissions, Office of the Convening Authority (OMC / OCA), conducted a search of their records systems and located 73 0 hours of audio recordings, determined to be responsive to your request. Colonel Matthew Van Dalen, Acting Chief of Staff, Office of Military Commissions, Office of the Convening Authority, advised that the 730 hours of audio recordings contain information that is classified, and exempt from release in their entirety pursuant to 5 U.S.C. ? 552 (b)(l), which pertains to information that is currently and properly classified in the interest of national security pursuant to Executive Order 13526, as amended, applying Section 1.4 (a) concerning military plans, weapons, or operations; Section 1.4 (c) concerning the protection of Intelligence activities (including covert action), intelligence sources or methods, or cryptology; and Section 1.4 (d) concerning foreign relations or foreign activities of the United States, including confidential sources. In this instance, fees for processing your request were below the threshold for requiring payment. Please note that fees may be assessed on future requests. If you are not satisfied with this response, you may contact our OSD FOIA Public Liaison, Jim Hogan, at 571-372-0462 or by email at OSD.FOIALiaison@mail.mil. Also, please note that the Office of Government Information Services (OGIS) offers services to requesters who have disputes with Federal agencies. You may contact OGIS if you have concerns about the processing of your request. Their contact information is provided below: Office of Government Information Services National Archives and Records Administration 8601 Adelphi Road-OGIS College Park, MD 20740 E-mail: ogis@nara.gov Telephone: 202-741-5770 Fax: 202-741-5769 Toll-free: 1-877-684-6448 You have the right to appeal to the appellate authority, Ms. Joo Chung, Director of Oversight and Compliance, Office of the Secretary of Defense, by writing directly to ODCMO Directorate for Oversight and Compliance, 4800 Mark Center Drive, ATTN: DPCLTD, FOIA Appeals, Mailbox# 24, Alexandria, VA 22350-1700. Your appeal must be postmarked within 90 calendar days of the date of this response. Alternatively, you may use the OSD FOIA request portal at http://pal.whs.mil/palMain.aspx or email your appeal to osd.foia-appeal@mail.mil. If you use email, please include the words "FOIA Appeal" in the subject of the email. Please also reference case number 18-F-0399 in any appeal correspondence. If you have questions about the foregoing, please do not hesitate to contact the Action Officer assigned to your request, Charles Marye, at charles.c.marye.civ@mail.mil or 571-372-0407. Sincerely, ~~~ ~tephanie L. Carr Chief Enclosures: As stated