Encounters: The UFO Phenomenon, Exposed!/Encounters - The UFO Phenomenon, Exposed (1995).iso/misc1/misc122.txt

Text File | 1995-10-20 | 6KB | 120 lines

Posted by Charles <mcgrewklinzhai.rutgers.edu>

Hi,

    >[e-mail] (Joe Citro III) writes:
    >Does anyone out there know how to get actual FBI documents on
    >UFO's?  I have seen these documents at seminars and such. I
    >also know these documents can be obtained via the "Freedom of
    >Information Act".

... try to pick up a copy of Lawrence Fawcett and Barry Greenwood's
"Clear Intent" (Prentiss-Hall, 1984).  In includes two chapters
on the FBI, and includes portions of various FOIA-obtained documents.
You also might want to subscribe to CAUS's magazine "Just Cause" --
CAUS specializes in UFO-related FOIA cases (the authors of "Clear
Intent" are from CAUS).

    >I would like to know how to obtain these
    >documents from respective government agencies using the
    >"Freedom of Information Act".

... portions extracted from a Int'l UFO Reporter, May/June 1987
article by Don Schmitt and Paul Jeffries (IUR is the magazine of
CUFOS):

   The FOIA is a federal law which provides that all records of
agencies of the federal government are open to the public unless there
is a specific exemption from disclosure.   Some of the exemptions are:

    * in legitimate matters of national security - for instance,
        to protect intelligence sources.
    * intra-agency memoranda may also be exempted (that is,
        requests for those documents may be legitimately
        turned down.)

   An outline of what the authors suggest as the best way to seek
federal agency records via the FOIA:

    1) "Determine first which agency has the records" - if you
aren't sure which it is, check the "United States Government Manual"
(available from the Office of the Federal Register, Nat'l Archives and
Records Admin., National Referral Center, Library of Congress,
Washington DC.  The article gives the phone number as 202-287-5670,
but I can't vouch for it, and I also don't know what it might cost.)
If in doubt, contact each potentially relevant agency, and
speak/correspond with the "Freedom of Information Officer".  The FIO
will tell you if his/her agency has the records, and if not, what
agency does.

    2) "Write to the FIO".  (Keep copies of everything, with dates)

    3) "Make your request pursuant to the FIOA", e.g. include the
following: "I am writing to request agency records pursuant to the
Freedom of Information Act, 5 U.S.C 552."

    4) "Arrange to pay the agency for search and copy fees."  The
agency is allowed to do this, so be prepared to spend the money.  Ask
the agency what it charges for search and copy of requested records.
In your letter, tell the agency that you are willing to pay all fees,
or will pay all fees up to a certain amount in complying with your
request.  For instance, "I agree to pay search and copying fees
required to satisfy this request up to $35.  If you anticipate the
total fees will exceed $35, please expend $35 to retrieve those
records which are most responsive and readily available, and advise me
as to the amount of any additional fees necessary to comply with this
request."

    5) "Describe precisely which records you want" - describe the
records you are after as specifically as possible - such as subject
matter, relevant dates (or periods), authors, recipients, etc.  The
more specific you get, the more likely it is that they'll find what
you're after promptly (and cheaply, for you.)

    6) "Use 'and' and 'or'".  Ask for all records that concern
"inquiry number 1" or "inquiry number 2", or that have to do with both
"1" and "2" -- this will lessen the chances of the agency playing
grammatical games with you.

    7) "Ask for 'disclosure of all reasonably segregable portions
of records which are in whole or in part except from disclosure'".
That is, you are instructing the agency to send you portions of
documents that are disclosable, even if another portion of the
document is exempt from disclosure laws.  This "reasonably segregable"
part is part of the law, and accounts for documents you may have seen
with parts blacked-out -- the blacked-out parts were exempt.

    8)  "Tell the agency you expect a written reply within the
statutory time limits of the FOIA".  The agency must make a written
"determination" within 10 days of receipt of your request (so you
may wish to send your requests as registered mail, to nail down
the date).  In unusual circumstances the agency may take an additional
10 days -- these 'days' do not include Saturdays, Sundays, or
holidays, i.e. "working days".  The agency gets 20 days for
determination of appeals (see below), with an additional 10 days
allowed for "unusual circumstances".

    9) "If the agency does not answer your request on time, appeal
immediately."  Find out from the agency to whom you should appeal.
Appeal in writing, and include copies of all relevant correspondence
(your request, their response - if any, etc.)

    10) "If the agency denies your request on merits, appeal
immediately."  That is, the agency may claim that the documents you
seek are exempt from diclosure, and you will have to appeal that
claim to whomever handles appeals for that agency.

    11) "If the agency denies your appeal you can sue."  Consult
legal counsel before doing so, and listen to what they say about your
chances.  Note that suing the government can be very expensive.  FOIA
cases are heard in Federal District court (according to the article,
the courts give "some priority" to FOIA cases).  If you win, the court
may award you lawyer's fees and court costs.  "Do not let mere claims
by the agency that the records you seek are exempt deter you.  Federal
courts interpret narrowly the FOIA's exemptions, in favor of
disclosure and against secrecy."

Hope this helps,

Charles