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FOIA Request - CREW: Dept. of State: Regarding Mongolia Forward's Ties To Gage LLC and Rep. Rehberg (R-MT) : 10/3/2011
FOIA Request - CREW: Dept. of State: Regarding Mongolia Forward's Ties To Gage LLC and Rep. Rehberg (R-MT) : 10/3/2011
FOIA Request - CREW: Dept. of State: Regarding Mongolia Forward's Ties To Gage LLC and Rep. Rehberg (R-MT) : 10/3/2011
October 3, 2011
By Facsimile: (202) 261-8579 and First-Class Mail
Office of Information Programs and Services A/ISS/IPS/RL U.S. Department of State, SA-2 Washington, D.C. 20522-8100
Re: Freedom of Information Act Request
Dear FOIA Officer: Citizens for Responsibility and Ethics in Washington ("CREW") makes this request for records, regardless of format, medium, or physical characteristics, and including electronic records and information, audiotapes, videotapes and photographs, pursuant to the Freedom of Information Act ("FOIA"), 5 U.S.C. 552, et seq., and U.S. Department of State regulations, 22 C.F.R. 171. First, CREW seeks any and all correspondence between Representative Dennis "Denny" Rehberg (R-MT), his Chief of Staff, Robert Joseph (Jay) Martin, or any other member of his staff, and any employee of the Department of State from January 1, 2008, to the present regarding Mongolia Forward or Gage LLC/Gage International. CREW further seeks any and all responses by any employee of the Department of State to Representative Rehberg, Mr. Martin, or any other member of Representative Rehberg's staff, during the same time period regarding these entities. This request is limited to the Department of State's components located within the United States and Mongolia. Mongolia Forward is an American company headquartered in Washington D.C. that is seeking to develop uranium mines in Mongolia. Gage LLC (AKA Gage International) is a government affairs and lobbying firm located in Washington D.C. that represents Mongolia Forward, the Embassy of Mongolia, and several other American and Mongolian interests. Second, CREW seeks any and all documents and records in any form from any office within the Department of State's components in Washington D.C. and Mongolia, from January 1, 2008, to the present, regarding Mongolia Forward. This request includes, but is not limited to, internal Department of State documents, and any communication to or from any person or entity outside the Department of State including, but not limited to, any member of Congress, the Embassy of Mongolia, and any employee or employees of any other federal agency. Third, CREW seeks any and all documents and records in any form from any office within the Department of State's components in Washington D.C. and Mongolia, from January 1, 2008, to the present, regarding Gage LLC or Gage International. This request includes, but is not limited to, internal Department of State documents, and any communication to or from any
202.408.5565 phone
202.588.5020 fax
www.citizensforethics.org
FOIA Officer October 3, 2011 Page 2 person or entity outside the Department of State including, but not limited to, any member of Congress, the Embassy of Mongolia, and any employee or employees of any other federal agency. Finally, CREW also seeks any and all records of or reflecting communications from January 1, 2008, to the present to, from, and/or between Department of State officials in Washington D.C. or Mongolia regarding Mongolia Forward or Gage LLC/Gage International and any and all of the following: 1) 2) 3) 4) Leo A. Giacometto; A.J. Rehberg; Former Senator Conrad Bums; Any or all individuals identified as officers, directors, or employees of Mongolia Forward; 5) Any or all individuals identified as officers, directors, or employees of Gage LLC or Gage International.
Please search for responsive records regardless of format, medium, or physical characteristics. Where possible, please produce records electronically, in PDF or TIF format on a CD-ROM. We seek records of any kind, including electronic records, audiotapes, videotapes, and photographs. Our request includes any letters, emails, facsimiles, telephone messages, voice mail messages, and transcripts, notes, or minutes of any meetings, telephone conversations, or discussions. Our request also includes any attachments to these records. If it is your position that any portion of the requested records is exempt from disclosure, CREW requests that you provide it with an index of those documents as required under Vaughn v. Rosen, 484 F.2d 820 (D.C. Cir. 1973), cert. denied, 415 U.S. 977 (1972). As you are aware, a Vaughn index must describe each document claimed as exempt with sufficient specificity "to permit a reasoned judgment as to whether the material is actually exempt under FOIA." Founding Church ofScientology v. Bell, 603 F.2d 945,949 (D.C. Cir. 1979). Moreover, the Vaughn index must "describe each document or portion thereof withheld, and for each withholding it must discuss the consequences of supplying the sought-after information." King v. US. Dep't ofJustice, 830 F.2d 210,223-24 (D.C. Cir. 1987) (emphasis added). Further, "the withholding agency must supply 'a relatively detailed justification, specifically identifying the reasons why a particular exemption is relevant and correlating those claims with the particular part of a withheld document to which they apply.'" Id at 224 (citing Mead Data Central v. US. Dep 't of the Air Force, 566 F.2d 242, 251 (D.C. Cir. 1977)). In the event some portions ofthe requested records are properly exempt from disclosure, please disclose any reasonably segregable non-exempt portions of the requested records. See 5 U.S.C. 552(b). If it is your position that a document contains non-exempt segments, but that those non-exempt segments are so dispersed throughout the document as to make segregation
FOIA Officer October 3, 2011 Page 3 impossible, please state what portion of the document is non-exempt, and how the material is dispersed throughout the document. Mead Data Central, 566 F .2d at 261. Claims of nonsegregability must be made with the same degree of detail as required for claims of exemptions in a Vaughn index. If a request is denied in whole, please state specifically that it is not reasonable to segregate portions of the record for release. Finally, CREW welcomes the opportunity to discuss with you whether and to what extent this request can be narrowed or modified to better enable the Department of State to process it within the FOIA's deadlines. Anne Weismann, the CREW attorney handling this matter, can be reached at (202) 408-5565 or aweismann@citizensforethics.org.
FOIA Officer October 3, 2011 Page 5 Conclusion If you have any questions about this request or foresee any problems in releasing fully the requested records on an expedited basis, please contact me at (202) 408-5565. Also, if CREW's request for a fee waiver is not granted in full, please contact our office immediately upon making such determination. Please send the requested records to Anne L. Weismann, Citizens for Responsibility and Ethics in Washington, 1400 Eye Street, N.W., Suite 450, Washington, D.C. 20005. Sincerely,