U.S. Department of Justice

Federal Bureau of Investigation
Washington, D.C. 20535
July 3, 2019
MR. AUSTIN EVERS
AMERICAN OVERSIGHT
SUITE B255
1030 15TH STREET NW
WASHINGTON, DC 20005
FOIPA Request No.: 1437498-000
Subject: Records Sufficient to Identify any
and all Florida County Governments to which
the GRU was able to gain access in 2016
Dear Mr. Evers:
This is in response to your Freedom of Information Act (FOIA) request.
The FBI is an intelligence agency as well as a law enforcement 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 foreign intelligence. The FBI can neither confirm nor deny the existence of
records responsive to your request pursuant to FOIA Exemptions (b)(1), (b)(3), (b)(7)(A), and (b)(7)(E) of
5 U.S.C.§ 552.
The nature of your request implicates records the FBI may or may not compile pursuant to its
national security and foreign intelligence functions. Accordingly, the FBI cannot confirm or deny the
existence of any records about your subject as the mere acknowledgment of such records existence or
nonexistence would in and of itself trigger harm to national security interests per Exemption (b)(1) and/or
reveal intelligence sources and methods per Exemption (b)(3); 50 U.S.C. § 3024(i)(1).
Moreover, as a federal law enforcement agency, a confirmation by the FBI that it has or does not
have responsive records would be tantamount to acknowledging the existence or nonexistence of a pending
investigation it has not previously acknowledged. Therefore, the FBI neither confirms nor denies the
existence of records pursuant to FOIA Exemption (b)(7)(A) of 5 U.S.C. § 552.
Finally, FOIA Exemption (b)(7)(E) protects “records or information compiled for law enforcement
purposes when disclosure 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.” How the FBI applies its
investigative resources against a particular allegation, report of criminal activity, or perceived threat is, itself
a law enforcement technique or procedure that the FBI protects pursuant to Exemption (b)(7)(E) of 5 U.S.C.
§ 552. Accordingly, a confirmation by the FBI that it has or does not have responsive records would be
tantamount to acknowledging where the FBI is or is not applying investigative resources thus disclosing the
scope of law enforcement techniques and procedures.
For your information, Congress excluded three discrete categories of law enforcement and national
security records from the requirements of the FOIA. See 5 U.S. C. § 552(c) (2006 & Supp. IV (2010). This
response is limited to those records that are subject to the requirements of the FOIA. This is a standard
notification that is given to all our requesters and should not be taken as an indication that excluded records
do, or do not, exist.
Please refer to the enclosed FBI FOIPA Addendum for additional standard responses applicable to
your request. “Part 1” of the Addendum includes standard responses that apply to all requests. “Part 2”
includes additional standard responses that apply to all requests for records on individuals. “Part 3”
includes general information about FBI records that you may find useful. Also enclosed is our Explanation of
Exemptions.

 For questions regarding our determinations, visit the www.fbi.gov/foia website under “Contact Us.”
The FOIPA Request number listed above has been assigned to your request. Please use this number in all
correspondence concerning your request. Your patience is appreciated.
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 FOIAonline 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.
You may seek dispute resolution services by contacting the Office of Government Information
Services (OGIS) at 877-684-6448, or by emailing ogis@nara.gov. Alternatively, you may contact the FBI’s
FOIA Public Liaison by emailing foipaquestions@ic.fbi.gov. If you submit your dispute resolution
correspondence by email, the subject heading should clearly state “Dispute Resolution Services.” Please
also 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

 FBI FOIPA Addendum
As referenced in our letter responding to your Freedom of Information/Privacy Acts (FOIPA) request, the FBI FOIPA
Addendum includes information applicable to your request. Part 1 of the Addendum includes standard responses that apply
to all requests. Part 2 includes additional standard responses that apply to all requests for records on individuals. Part 3
includes general information about FBI records. For questions regarding Parts 1, 2, or 3, visit the www.fbi.gov/foia website
under “Contact Us.” Previously mentioned appeal and dispute resolution services are also available at the web address.

Part 1: The standard responses below apply to all requests:
(i)

5 U.S.C. § 552(c). Congress excluded three categories of law enforcement and national security records from the
requirements of the FOIA [5 U.S.C. § 552(c) (2006 & Supp. IV (2010)]. FBI responses are limited to those records
subject to the requirements of the FOIA. Additional information about the FBI and the FOIPA can be found on the
www.fbi.gov/foia website.

(ii)

National Security/Intelligence Records. The FBI can neither confirm nor deny the existence of national security and
foreign intelligence records pursuant to FOIA exemptions (b)(1), (b)(3), and PA exemption (j)(2) as applicable to requests
for records about individuals [5 U.S.C. §§ 552/552a (b)(1), (b)(3), and (j)(2); 50 U.S.C § 3024(i)(1)]. The mere
acknowledgment of the existence or nonexistence of such records is itself a classified fact protected by FOIA exemption
(b)(1) and/or would reveal intelligence sources, methods, or activities protected by exemption (b)(3) [50 USC §
3024(i)(1)]. This is a standard response and should not be read to indicate that national security or foreign intelligence
records do or do not exist.

Part 2: The standard responses below apply to all requests for records on individuals:
(i)

Requests for Records about any Individual—Watch Lists. The FBI can neither confirm nor deny the existence of
any individual’s name on a watch list pursuant to FOIA exemption (b)(7)(E) and PA exemption (j)(2) [5 U.S.C. §§
552/552a (b)(7)(E), (j)(2)]. This is a standard response and should not be read to indicate that watch list records do or
do not exist.

(ii)

Requests for Records for Incarcerated Individuals. The FBI can neither confirm nor deny the existence of records
which could reasonably be expected to endanger the life or physical safety of any incarcerated individual pursuant to
FOIA exemptions (b)(7)(E), (b)(7)(F), and PA exemption (j)(2) [5 U.S.C. §§ 552/552a (b)(7)(E), (b)(7)(F), and (j)(2)].
This is a standard response and should not be read to indicate that such records do or do not exist.

Part 3: General Information:
(i)

Record Searches. The Record/Information Dissemination Section (RIDS) searches for reasonably described records by
searching those systems or locations where responsive records would reasonably be found. Most requests are satisfied
by searching the Central Records System (CRS), an extensive system of records consisting of applicant, investigative,
intelligence, personnel, administrative, and general files compiled and maintained by the FBI in the course of fulfilling its
dual law enforcement and intelligence mission as well as the performance of agency administrative and personnel
functions. The CRS spans the entire FBI organization and encompasses the records of FBI Headquarters (FBIHQ), FBI
Field Offices, and FBI Legal Attaché Offices (Legats) worldwide. A CRS search includes Electronic Surveillance (ELSUR)
records.

(ii)

FBI Records. Founded in 1908, the FBI carries out a dual law enforcement and national security mission. As part of this
dual mission, the FBI creates and maintains records on various subjects; however, the FBI does not maintain records on
every person, subject, or entity.

(iii)

Requests for Criminal History Records or Rap Sheets. The Criminal Justice Information Services (CJIS) Division
provides Identity History Summary Checks – often referred to as a criminal history record or rap sheets. These
criminal history records are not the same as material in an investigative “FBI file.” An Identity History Summary Check
is a listing of information taken from fingerprint cards and documents submitted to the FBI in connection with arrests,
federal employment, naturalization, or military service. For a fee, individuals can request a copy of their Identity History
Summary Check. Forms and directions can be accessed at www.fbi.gov/about-us/cjis/identity-history-summarychecks. Additionally, requests can be submitted electronically at www.edo.cjis.gov. For additional information, please
contact CJIS directly at (304) 625-5590.

The National Name Check Program (NNCP). The mission of NNCP is to analyze and report information in response to name check
requests received from federal agencies, for the purpose of protecting the United States from foreign and domestic threats to national
security. Please be advised that this is a service provided to other federal agencies. Private citizens cannot request a name check.

A\11 ICA

PVERSIGHT

 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

AMERICAN

PVERSIGHT