Senate Judiciary Subcommittees

Monday, Dec. 22, 2008, I emailed Sen. Leahy and faxed the senate Judiciary Committee and Subcommittees the following message:

December 22, 2008

Chairman Patrick J. Leahy
United States Senate
Committee on the Judiciary
224 Dirksen Senate Office Building
Washington, DC 20510
Fax: 202-224-9516

Re: FBI Oversight- Please associate with my Dec. 11, 2008 letter (USPS # EH 222975937 US)

Dear Chairman Leahy,

I appeared as summoned at the Holmes County courthouse (FL 14th Judicial Circuit) Friday morning, Dec. 12, 2008, for jury duty. I was prospective juror #37. After Clerk of the Court Cody Taylor explained the procedures, he asked if anyone wanted to talk to the judge about being excused from duty. I raised my hand. I intended to present the judge with evidence of my charges in his chambers. Taylor called a one half hour recess and called me over to him. He told me that the judge doesn't want to talk to me and said that I'm excused. This is the same courthouse in which another judge earlier declared a mistrial in my neighbors’ drug case that I referenced in my December 11, 2007 letter to FBI Director Mueller. The judge dismissed the case because the State Attorney and FDLE withheld evidence and testimony. I suspect that the withheld evidence would prove my charges.

The above is representative of all state officials’ responses to my charges and why I am requesting the Senate Judiciary Committee’s help. No Florida politician will intervene on my behalf. My situation is not unique. The Patriot Act just legalized what various agencies have been doing for years, and there are no effective checks and balances to the inevitable abuses. The recent DOJ policy changes regarding information sharing between federal, state, and local law enforcement only makes it easier to cover-up such abuses on all levels. If you have any questions, please contact me and I will answer any questions that you may have and provide you with whatever additional information that you may require. Thank you.

Sincerely

Joe Keegan

Jury Duty

Appeared as summoned at the courthouse Friday morning, Dec. 12, for jury duty. I was prospective juror #37. After Clerk of the Court Cody Taylor explained the procedures, he asked if anyone wanted to talk to the judge about being excused from duty. I figured that I might as well to avoid a possible scene, because no prosecutor would allow me to sit on any jury anyway. Taylor called a one half hour recess and called me over to him. He told me that the judge doesn't want to talk to me and said that I'm excused.

US Senate Judicicary Committee

The USPS verified delivery of my EXPRESS MAIL envelope tracking #: EH 222975937 US at 11:08 AM on December 12, 2008 in WASHINGTON, DC 20510 to SENATE 20510 R6 . The item was signed for by E TURNER. A copy of the text of my letter follows:

December 11, 2008

Chairman Patrick J. Leahy
United States Senate
Committee on the Judiciary
224 Dirksen Senate Office Building
Washington, DC 20510

“When just one of us loses just one of our rights, then the freedoms of all of us are diminished.” - FBI Director Robert S. Mueller

Re: FBI oversight

Dear Chairman Leahy,

Despite FBI Director Mueller’s assurances, there are no effective controls to prevent the inevitable abuses resulting from the recent changes to DOJ regulations that would allow state and local law enforcement agencies to collect intelligence on individuals and or-ganizations even if the information is unrelated to any criminal activity. Federal, state, and local law enforcement agencies have an inherent conflict of interest in investigating themselves and each other. These changes are too open to deliberate misinterpretation and abuse by those with the will to do so. 28 C.F.R. Part 23 already provided all the direction necessary for law enforcement to do their job within the constraints of the U.S. Constitution and Bill of Rights while keeping all of us safe from the real terrorists and criminals.

My situation is a case in point and serves as a model as to what to expect from these new regulations. After exhausting all administrative remedies with the State of Florida to resolve my charges of illegal electronic surveillance and harassment against the Florida Department of Law Enforcement, Holmes County Sheriff’s Department, and the West Florida Electric Co-Op, I filed a complaint with the FBI Jacksonville Field Office. When Jacksonville refused to reply to inquiries regarding the status of my complaint, I mailed a more detailed one, dated December 11, 2007, to FBI Director Mueller and included a copy of a VHS tape (enclosed). Electronic surveillance experts said that the audio phenomenon that I managed to record, such as the amplification and unnatural resonance of the dog’s barking and sound of the aircraft, is indicative of electronic surveillance. Earlier three other electronic surveillance experts all verified illegally mounted electronic surveillance devices on the utility poles servicing the house and grounds, but refused to supply their reports. One expert even identified the manu-facturer of the devices as Audio Intelligence Devices, a supplier to law enforcement and government agencies. When the FBI refused to reply to my complaints, I filed a number of FOIA/PA requests in order to get an acknowledgment of my charges by the FBI. However, the FBI denied having any records related to me or my charges, even though I mailed my complaints EXPRESS MAIL and FBI personnel signed for them. The Jacksonville Field Office even denied receiving my FOIA/PA Request.

I appealed the FBI’s "no record" responses. Deputy Chief Work of the Administrative Appeals Staff dismissed my appeals as "moot" and closed my appeal files, because both FBI HQ and the Jacksonville Field Offices denied having any records. She even dismissed an appeal that I hadn’t filed yet. Consequently, I filed two separate complaints, one under the Patriot Act, with the DOJ OIG charging FBI employees with misconduct. When the IG didn’t acknowledge my complaints, I filed a FOIA/PA request with the DOJ OIG seeking records related to my filed charges against named FBI employees. I received a "no records" response to my FOIA. The IG denied receiving my complaints.

Around this time period, I called FBI HQ mailroom, which easily tracked my EXPRESS MAIL letter to FBI Director Mueller and the room/unit where it was eventually delivered. I suspect that my phone call to the FBI mailroom and/or two complaints filed with the DOJ OIG charging the FBI with lying to cover-up and abuse of the Patriot Act may have prompted Civil Rights CID Chief Peeples’ reply. He returned my complaint and evidence addressed to FBI Dir. Mueller and wrote: "The allegations that you have brought to our attention do not warrant any action by the FBI."

My charges most certainly warrant the FBI’s action as a form of check and balances and oversight to state and local law enforcement abuses, especially in light of these new regulations. I’ve enclosed a copy of my letter, dated December 11, 2007, and evidence, including a VHS videotape, to FBI Director Mueller. I am requesting that the Senate Judiciary Committee investigate my charges and that you or your staff present my complaint directly to FBI Director Mueller for his reply. I began this letter with the following quote from Director Mueller: “When just one of us loses just one of our rights, then the freedoms of all of us are diminished.” I would like to know if he means what he said or are they just words.


Sincerely,
Joe Keegan

"They" are out to get you

Maddow: New rules kick Patriot Act foes 'right in the teeth'

Although many of the regulations have to do with energy and the environment, MSNBC's Rachel Maddow noted on Tuesday that there's also "one that'll kick opponents of the Patriot Act right in the teeth."

The proposed regulation "would allow state and local law enforcement agencies to collect intelligence on individuals and organizations even if the information is unrelated to any criminal matter," Maddow explained. She added, "Even if they weren't already watching you -- they soon could be."

President Bush will sign this DOJ policy change proposal and it will be in effect before Nov. 22. The missing word is "sharing." All law enforcement, federal, state, and local, will be sharing their collected intelligence with each other. Any agency with a Criminal Investigation Division has been spying on its critics since there were agencies or at anyone an Administration or someone in authority pointing them at someone. However, in the not too distant past, agency policy drew a line between one another in order to avoid the appearance of a police state, although informal "friendly" relationships and exchanges were overlooked. Not any longer. This policy change will not only effect critics and protesters, but any average citizen for any reason. If you want a model as to what you can expect, just read the the condensed and sanitized posts in this blog. Pres. Bush is "legalizing" a KGB style intelligence network, which is a useful tool if you're a police state and want to spy on your citizens. "They" are out to get you.

DOJ Civil Rights Division

I received a letter, dated Oct. 31, 2008 and postmarked Nov. 5, 2008, yesterday from a Tawana C. Greene signing for Nelson D. Hermilla, Chief FOI/PA Branch (DOJ)Civil Rights Division, regarding my 9-25-08 Privacy Act request seeking all documents pertaining to me. They wrote that they released all Civil Rights Division documents pertaining to me and enclosed sixty-two(62)pages. What they enclosed was my two earlier complaints with the DOJ's Civil Rights Division- I filed complaints with both the Civil and Criminal Divisions- and their replies. These are separate from the complaint and evidence that I addressed to FBI Director Mueller and the ones that I filed within the last year with the OIG against FBI employees (one complaint under provisions of the Patriot Act). The DOJ OIG denied receiving these complaints. Realize that the ones doing the denying are responsible for the ethics and integrity of the FBI.

The "they" referred to here is not an indefinite "they," but rather the DOJ/FBI. "They" have excellent internal controls and can track every letter received and every reply as well as case files, ROI's, and related documents. "They" previously denied that the FBI had any records pertaining to me, denied receiving Express Mail that FBI personnel signed to receive, dismissed FOIA appeals, including ones that I had not even filed yet, as "moot" (talk about a preemptive strike!) because "they" had no records on me; however, still managed to deny some requests pursuant to Exemption 5, 5 USC, Sec. 552(b)(5), supply replies to letters dated over one year before the date of the letter that "they" were replying to, and tell me that I can sue them per 5 USC, Sec. 552(a)(4)(B))if I'm unhappy with their actions.

I've documented the FBI's lies and cover-ups sufficiently to prove that their system of checks and balances don't work because "they" don't want them to work, despite what FBI Director Mueller testified to before the Senate Judiciary Committee.

So what's my point? If you think that "they" are giving me the run around, abusing their authority, and covering-up, just wait until the Dept. of Homeland Security opens its very big umbrella to cover these agencies as well as other federal and state agencies under their protective exemptions when you try to get some information. And, "they" will be investigating you.

After FBI Director Mueller's US Senate Testimony

I received two letters yesterday from the DOJ/FBI. The first letter, dated Sept. 22, 2008, was from an Angela L. Byers, Unit Chief, Initial Processing Unit. Her letter apparently is in response to one of two complaints that I filed on March 17, 2008 with the DOJ OIG against FBI employees. As mentioned in above posts, I had to file FOI/PA requests to find out what happened to my complaints. The FOI/PA response was that there was no records of either complaint.

Whoever signed for Ms. Byers wrote that "We acknowledged receipt of your communications dated March 17, 2008, that you directed to the Office of the Inspector General, Department of Justice (DOJ/OIG), on September 25, 2007. First, I faxed and emailed both complaints on March 17, 2008, which is the day that they received it, and I believe that Ms. Byers mistakenly wrote the year as "2007" instead of 2008. If so, she also got the date wrong as her letter to me is dated September 22, 2008 and I supposedly referred it to her unit on September 25- three days after she wrote the letter. If her date is correct, however, my complaint was forwarded to her unit six months before I filed it. Apparently my complaint is caught up in some FBI time/space warp, which would also explain the whereabouts of my other separate complaint charging and incontrovertibly proving that FBI employees lied.

At any rate, she wrote that my complaint was against the FBI's Jacksonville Division,including former Special Agent in Charge Michael J. Folmar. She eventually concluded that I didn't provide any specific evidence to support my allegations and the royal "we" in her unit determined that this matter doesn't warrant further administrative action and the matter is closed. Realize that this is the division that insures the honesty and integrity of FBI employees.

The second letter, dated September 23, 2008, is from David M. Hardy, who handles the FBI's FOIA's, in reference to Request No: 1111513-001. Section Chief Hardy wrote that his letter was to advised me that my pending FBI request is being reviewed by an analyst. I had received a letter, dated July 7, 2008, from US DOJ Office of Information and Privacy Associate Director Janice Galli McLeod regarding- Appeal No.08-1881;Request No. 1111513. Assoc. Dir. McLeod remanded my FOI/PA request (1111513)back to the FBI. At the time I wondered why, because the FBI already denied having any records and described earlier appeals as moot, even though they denied one of my request under a FOIA exemption.

I can only conclude that the FBI is lying and covering up not only for their own employees failure to investigate my charges, but also for Florida law enforcement official misconduct and abuse, which amounts to psychological torture. The old saying that "one hand washes the other and they both wash the face" is appropriate here. I have suspicions that the FDLE would return the favor if they stumbled upon some illegal FBI surveillance.

There are no checks and balances to these abuses no matter what FBI Director Mueller may have told the Senate last week. Finally, the condensed and sanitized version of my charges that you're reading here is nothing compared to what the general public will see and possibly you yourself experience in the near future.

Joe

US DOJ Special Litigation Section

Last week I received an interesting letter, dated August 25, 2008, from Glynis Raval, DOJ Special Litigation Section, Civil Rights Division, following FBI Dir. Mueller's testimony before the US Senate. She thanked me for my unidentified correspondence and cited the applicable USC sections for their authority. I had sent a letter with evidence to FBI Director Mueller requesting an investigation. If I remember correctly, I believe that it was the FBI Civil Rights CID chief that eventually replied and told me (my words) to buzz off. So I sent a letter to Ms. Raval thanking her for her letter and asking what correspondence that she was referencing. Since Ms. Raval didn't reply to my recent letter, I faxed a FOIA/PA to the DOJ's Civil Rights Division requesting copies all correspondence both to and from Special Litigation.

OJP Public Comments

The DOJ Office of Justice Programs published proposals for state and local police in the July 31 Federal Register that would allow the cops to launch their own criminal investigations based on the suspicion that a target in engaged in criminal activity, including terrorism, and solicited public comments. You're looking at the creation of an American Stasi. I commented electronically and received the Comment tracking number 806ece34. However, before anyone can track my timely submitted comment, the DOJ has to post it to www.regulations.gov. So far, they haven't. The text of my still unpublished Comment follows:

Dear Mr. Deaver:

Re: OJP Docket No. 1473

As an American citizen whose 4th Amendment right has been violated with impunity by state and local law enforcement (see http://www.governmentspying.blogspot.com), I strongly recommend that the DOJ does not enact the proposed changes to 28 C.F.R. Part 23 for the following reasons: 28 C.F.R. Part 23 already provides for information sharing between state and federal agencies. Furthermore, the DOJ does not have the resources or manpower to adequately train the police in the administration of these proposed changes or investigate the inevitable abuses that will result. The proposed changes, in effect, will give state and local authorities carte blanche to “investigate” any law-abiding citizen, including whistle blowers, protesters, and government policy critics, and expand the scope of any criminal investigation to include the lawyers and witnesses of anyone exposing official misconduct or exercising their First Amendment right. State and local police have an inherent conflict of interest in investigating themselves and these proposed changes eliminate any remaining checks and balances; thereby, providing the “legal” framework to cover-up official misconduct and abuse of authority.

As an American citizen whose life has been affected by such abusive law enforcement investigations based not on any reasonable suspicion of criminal activity, but rather self-serving innuendoes and conducted under the color of law, I am specifically concerned with the following proposed changes to Section 23.20(e) and (f) which expands the dissemination of information that may assist in preventing crime or violence or “any conduct dangerous to human life or property.” In effect, these proposed changes would destroy any privacy and civil liberties based on some vague definition of “dangerous.” By deleting the word “imminent,” Section 23.20(f)(2) allows the dissemination of criminal intelligence “to a government official or any other individual, when necessary to avoid danger to life or property” which could easily serve as a pretext to discredit an individual or their charges and intimidate or threaten witnesses under the color of law.

These proposed changes are too open to deliberate misinterpretation and abuse by those with the will to do so. 28 C.F.R. Part 23 already provides all the direction necessary for law enforcement to do their job within the constraints of the U.S. Constitution and Bill of Rights while keeping all of us safe from the real terrorists and criminals.

Respectfully submitted,
Joe Keegan

DOJ Special Agent in Charge

I received a letter, dated 8-11-08, Tuesday from Glenn G. Powell, Special Agent in Charge, DOJ OIG Special Operations, Investigation Division. The text of his letter follows:

Dear Mr. Keegan:

The purpose of this letter is to acknowledge receipt of your correspondence dated March 17, 2008. The matters that you raised are more appropriate for review by another office or Agency. Therefore, your complaint has been forwarded to:

Federal Bureau of Investigation
Inspection Division
935 Pennsylvania Avenue NW
Washington, D.C. 20535

Any further correspondence regarding this matter should be directed to that office.

I hope this answers any questions you have relative to this matter.

Sincerely,
Glenn G. Powell
Special Agent in Charge

I had filed two complaints against DOJ (FBI) employees with the DOJ OIG. When the DOJ OIG didn't respond, I filed a FOI/PA request to obtain copies of my complaints. The DOJ OIP replied with a no-records response, i.e. they lied and said that there are no records. The DOJ also returned previous FOI Appeals to the FBI for processing of my original FOI/PA requests- the FBI lied and said that there were no records. The FBI had denied receiving my EXPRESS MAIL charging the FDLE and others with criminal misconduct. I still haven't received a reply to those Appeals returned to them by the DOJ from the FBI. This is the standard tactic that any law enforcement agency uses to cover-up misconduct by another agency; professional courtesy, if you will. They cover-up for each other. In the case of the Florida Governor's OIG, they returned my complaints to the FDLE, which refused to investigate itself. So much for checks and balances.

Special Agent in Charge Powell's letter is an example of things to come when the DOJ's new proposal to ease police spy rules reported in the Washington Post takes effect. Actually, if you've read any of my posts in this thread, you'll see that they have been in effect for quite some time. The DOJ's proposal would make it easier for cops to collect "intelligence" on Americans and share it with federal agencies. You should be concerned. Just as the White House's, DOJ's, and state and local spokesmen will assure you that these "new" spy measures won't be abused and that there are checks and balances, I can assure you that they will be abused and there are no checks and balances. Adios, 4th Amendment!

Remanded

I received a letter, dated July 7, 2008, yesterday, Friday July 11, 2008, from- and I believe that this is the right title/agency- US DOJ Office of Information and Privacy Associate Director Janice Galli McLeod regarding- Appeal No.08-1881; Request No. 1111513; KM MJS. Long and short of it is that she's remanding my request for FBI records related to me back to the FBI. My only question is, why. The FBI already denied having any and describe earlier appeals as moot. I didn't appeal the appeals or bring them to court. I'll scan and eventually post her letter along with the others.

Rainmakers

It's been raining all weekend and probably will continue through Sunday. The rain's appreciated, but I hope that they know what they're doing.

Natasha

I returned home late this afternoon to a message on the answering machine. A Natasha, a FOIA specialist with the Office of...., left a message for Joseph Keegan. Unfortunate- ly, the message was abruptly cut off omitting the name of Natasha's agency and return phone number. The answering machine was working properly, so it's possible that she called during this afternoon's thunderstorm and lightening may have hit either the electrical or phone line interrupting her call. At any rate, she didn't call back.

Spraying Vitamin C?

Walking the dogs along the drive just past the culvert headed east when I noticed that a large helicopter flying W-NW at just over 1,000 ft accompanied by 4 smaller planes was spraying something. Whatever it was it was clearly visible, whitish, and sprayed in the form of a puffy cloud rather than a stream. Earlier this morning while in Marianna, I observed one or two jets spraying chemtrails at about 30k ft, so we'll probably have rain with the next day or two. The helicopter pilot may have seen me, because when I waved to them the helicopter, followed by its entourage, veered sharply north to fly over the house. I suspect that whatever was discharged wasn't the typical chemtrail mix.

What would Mulder and Scully do?

I filed my first complaint with the FBI Jacksonville Field Office. When Jacksonville refused to reply to inquiries regarding the status of my complaint, I mailed a more detailed one to FBI Director Mueller and included a copy of a VHS tape. When FBI HQ didn’t respond, I filed 4 separate FBI FOIPA Requests. I filed the first 2 general requests at the same time seeking all records related to me: #1 with the Jacksonville FBI Field Office and #2 with DC FBI HQ. RIDS Section Chief Hardy timely replied to FBI HQ’s #2: "No records responsive to your FOIPA request were located by a search of the automated and manual indices. If you desire a search of the Field Office files, you must contact the appropriate Field Office." As noted, I already filed #1 with Jacksonville. When Jacksonville didn’t respond after an inordinate period, I phoned them and spoke to the FOIA manager. First time he said that that Jacksonville FBI would reply to my FOIA when they received FBI HQ’s authorization to release my records. Second time he changed his story and said that he doesn’t understand what’s going on, knows nothing, and that DC HQ would handle it. When FBI HQ didn’t respond after two months to #1, I filed an FOI Appeal. Shortly afterward Chief Hardy replied to #1 with the standard "no records" reply quoted above minus the referral to the local Field Office. So I then filed a more specific FOIPA request (#3) addressed to the Jacksonville Special Agent in Charge and later another specific request (#4) with FBI HQ regarding my charges and evidence that I sent to FBI Director Mueller. When neither office replied within the statutory period to #’s 3&4, I filed 2 separate additional FOI Appeals.

The DOJ Supervisory Administrative Specialist replied to my appeal regarding #3 was that the FBI denied receiving #3 and that they referred #3 to the FBI. The FBI lied: Jacksonville FBI personnel signed for #3 and a Duty Agent said that he found my request in the system. She also wrote that I could appeal any future adverse determination made by the FBI. When the FBI didn’t respond timely to #3, I again appealed the FBI’s failure to make an initial determination within the statutory period. I filed a similar appeal regarding FBI DC HQ’s failure to respond to #4. So I filed 4 FOIPA Requests and 4 FOI Appeals- all appeals treated agency’s failure to make an initial determination within statutory period as a denial.

I received another no records reply, dated March 25, 2008, from RIDS Chief Hardy. He referenced the FOIPA # that the FBI assigned my request, but not the date of my request, so I didn’t know if he was referring to my Jacksonville or DC requests. When the FBI FOIPA Public Information (PIO) failed to respond to my inquiries regarding what request- #’s 2, 3, or 4- Hardy’s March 25, 2008 no records letter addressed, I called the FBI Public Liason Officer (PLO) for an answer. The PLO never returned my call. Instead, an FBI employee who said that she’s not even a supervisor or the person that handles it but will answer my questions and remail Hardy’s March 25, 2008 letter. Eventually she indicated that Hardy’s no records letter referred to request #4.

Coincidentally, I received a letter, dated April 17, 2008, from Anne D. Work, Deputy Chief Administrative Appeals Staff, the same day that I received Hardy’s remailed March 25, 2007 letter. The text of Deputy Chief Work’s letter follows:
This responds to your letters dated February 11 and March 8, 2008, in which you attempted to appeal from the failure of the Headquarters Office and Jacksonville Field Office of the Federal Bureau of Investigation to respond to your requests for access to records pertaining to your correspondence with Director Robert S. Mueller III and "Jacksonville FBI documents."

The FBI responded to your requests by letters dated September 21, 2007, and November 7, 2007 (copies enclosed). Because the FBI responded to your requests, your appeals from the FBI's failure to respond are moot. Accordingly, I am closing your appeal files in this Office.

The Deputy Chief was perhaps too conscientious and premature in closing my case. Although the FBI lied in their no record responses to my ’07 FOIPA Requests, my Sept 21 and Nov 7 requests, which she based her decision, they don’t address my Jan. 5. 2008 FOIPA, requesting records pertaining to my Dec. 11, 2007 charges and evidence to FBI Director Mueller. I checked with DC FBI Logistics mail-room in civilian terms. The FBI logs and tracks mail via identifier numbers and carriers, which is only common sense and I suspect that they assign a DLN to the others. The mail-room easily tracked my EXPRESS MAIL letter to Dir. Mueller and the room/unit where it was eventually delivered. I filed two complaints with the DOJ OIG charging the FBI with lying to cover-up and abuse of the Patriot Act, which may have prompted a reply to my charges and evidence that I sent to Dir. Mueller. I received a letter, dated April 29, 2008, from a Carlton L. Peeples, Chief, Civil Rights Unit, CID and postmarked May 5, 2008. The letter included the material that I had sent Mueller as well as a VHS tape, which I haven’t viewed yet. The text of Chief Peeples' letter follows:

Dear Mr. Keegan:

This letter is in response to the correspondence that you addressed to the FBI.

The allegations that you have brought to our attention do not warrant any action by the FBI. You may wish to pursue these issues with the assistance of an attorney.

My charges most certainly warrant some agency’s action as a form of check and balances and oversight, which the FBI refuses to provide for a variety of reasons, primarily because they make the state clowns look like altar boys. If an unaccountable, arrogant, and abusive criminal government agency can do this to me, then they can do it to you. More importantly they can do it to anyone, including your Congressman.

FBI Apples and Oranges III

I returned home this afternoon just as an FBI employee was leaving a message on the answering machine. This was the same employee who had left an earlier message. In this message, she referenced the FBI's March 25, 2008 no records response and said that they had sent my request to FBI DC HQ and Jacksonville. I picked up the phone as she said that as far as she can tell that I made only one request for information on myself. I asked her what was the date of my request. She replied that it was dated January 5, 2008. I thanked her and asked if I could call her if I had any more questions. She said that it was okay. Apparantly all calls go through their central switchboard because she wasn't calling from the number that she had left previously.

I've pasted in below what I requested in my Jan. 5, 2008 FOIPA Request to Record Information/Dissemination Section (RIDS),Washington, DC. I filed separate and distinct requests with the FBI Jacksonville Field Office as required by FBI FOIA policies.

1) Any and all records of my communications and correspondence, including any VHS videotape, to FBI Director Robert S. Mueller, III, regarding my letter, dated December 11, 2007, in which I charged violations of my civil rights and official police misconduct by the Florida Department of Law Enforcement, Holmes County Sheriff’s Department, and the West Florida Electric Cooperative Association. In my letter to FBI Director Mueller, I also requested an investigation and a report of the investigation;
2) I am requesting a copy of any FBI documents, notes, memos, and records attached or associated with my correspondence and/or case file, including logs, daily activity/time sheets, memos, intake forms, notes, quality control records, and processing records;
3) I am requesting a copy of any records, notes, and memos of any FBI DC Headquarters telephone calls or other communications to any other office or agency regarding my charges and request for an investigation; and,
4) Copy of FBI Agent’s case file regarding my charges of illegal electronic surveillance by the FDLE, Holmes County Sheriff’s Department, and/or any other agency, and the Agent’s Report of Investigation. If my case was not assigned for review or investigation, I am requesting any records, notes, and memos as to why my complaint was not assigned for investigation or if review is still pending.

FBI Apples and Oranges II

I returned the FBI's call yesterday morning. Someone who had identified herself as with the FBI had left a message on Thursday, April 17, 2008, to call her if I had any questions regarding a "no-records" response to an FBI FOIPA Request. I decided to hold any questions, until I received the letter that she promised to remail. I received it, and had one question: what FOIPA Request was this "no response letter" in reference to? I haven't been able to get a staight answer, so I called the phone number that she left. The number belonged to the person who she identified herself as, but the recorded voice wasn't the same- or it least it didn't sound the same- as the one that left a message. This voice sounded much older and different from that of the earlier caller's voice. At any rate, I called and left a message with my name and number and requested that she tell me what FOIPA Request this "no records letter" addresses. I still haven't received a reply to this simple question.

Closed Appeal Files

I faxed an FOIPA Request this morning to the DOJ'S Office of Information and Privacy requesting copies of my closed appeal files that Deputy Chief Anne D. Work referred to in her letter, dated April 17, 2008. I included a copy of the Deputy Chief's letter to help them in their search.

Moot

I received the FBI no-record letter, dated March 25, 2008, today. Coincidentally, I also received today a letter, dated April 17, 2008, from Deputy Chief Administrative Appeals Staff Anne D. Work of the US DOJ Office of Information and Privacy in response to two earlier FOI Appeals. I've copied the text of the Deputy Chief's response below.

Re: Appeal Nos. 08-1501 & 08-1502
Request Nos. 1091663 & 1095794
ADW:CIH

Dear Mr. Keegan:

This responds to your letters dated February 11 and March 8, 2008, in which you attempted to appeal from the failure of the Headquarters Office and Jacksonville Field Office of the Federal Bureau of Investigation to respond to your requests for access to records pertaining to your correspondence with Director Robert S. Mueller III and "Jacksonville FBI documents."

The FBI responded to your requests by letters dated September 21, 2007, and November 7, 2007 (copies enclosed). Because the FBI responded to your requests, your appeals from the FBI's failure to respond are moot. Accordingly, I am closing your appeal files in this Office.

Sincerly,
Anne D. Work
Deputy Chief
Administrative Appeals Staff

Enclosures

FBI Apples and Oranges

I left a message yesterday morning on the FBI FOIPA Public Liaison (PLO) Officer answering machine inquiring as to the status of my Jan. 5, 2008 FOIPA Request and my Feb. 16, 2008 FOI Appeal. DC FBI HQ still hasn’t replied to this FOIPA Request or FOI Appeal. I called the FBI PLO after the FBI FOIPA Public Information Officer (PIO) failed to reply to earlier messages regarding this request. When I returned home yesterday afternoon, the FBI had left a message on the answering machine. The FBI employee said that she’s looking at my request right now- but didn't give the date of my request- and that the FBI sent a 'no records'response on March 25, 2008. She said that the FBI searched their Jacksonville FBI Field Office and they didn’t find anything. My FOIPA Request sought DC records. She identified my street address and said that if it’s incorrect to call her. She said that she’s not even a supervisor or the person that handles it, but she’s going to return my call anyway. She said that she's remailing the no records letter now. My request was for FBI DC HQ records and not Jacksonville. Two separate requests which are easy enough to distinguish as apples and oranges.

In my Jan. 5, 2008 FOIAP Request, which is the issue, I requested a copy of my Dec. 11, 2007 letter to FBI Director Robert S. Mueller, III, charging violations of my civil rights and official police misconduct by the FDLE, Holmes County Sheriff’s Department, and the West Florida Electric Cooperative Association. I included a VHS videotape, which proves my charges, and some other evidence. I also requested all the associated records, such as the case file, logs, activity/time sheets, processing records, etc. I filed two separate requests for records with the FBI. One was for the records associated with my complaint to the Jacksonville FBI Special Agent in Charge and the later was with FBI Director Mueller.

Although the USPS verified delivery of all my letters to the FBI Jacksonville Field Office and FBI employees signed for my letters, the FBI Jacksonville Field Office denied receiving anything. The Jacksonville FBI Field Office FOIA Manager told me that he doesn’t understand what’s going on, knows nothing, and that FBI HQ will handle it.

I filed two separate complaints charging 4th Amendment violations and two separate and distinct FOIPA Requests with the FBI. One with FBI DC HQ and one with the FBI Jacksonville Field Office. Apples and Oranges. The USPS verified delivery of all my letters, as well as the FBI employees that signed for them. Both complaints and requests are different. For example, I didn’t include the VHS videotape in my complaint to the FBI Jacksonville Field Office. However, I did provide FBI Director Mueller with a copy, along with some other stuff.

FBI FOIPA Public Information Officer

I left another message on the FOIPA Public Information Officer's answering machine this morning regarding the status of my Jan. 5, 2008 FOIPA Request, which the USPS delivered on January 8, 2008. The FBI still hasn't acknowledged it.

DOJ Office of Inspector General

I faxed a FOIA/PA Request to the DOJ's Office of Inspector General this morning requesting the following:

1) Any and all records of my communications and correspondence to the United States Department of Justice Office of Inspector General charging DOJ employees with violating my civil rights and civil liberties and/or misconduct;
2) I am requesting a copy of any DOJ documents, notes, memos, and records attached or associated with my DOJ OIG complaints and/or case file, including logs, daily activity/time sheets, memos, intake forms, notes, quality control records, and processing records;
3) I am requesting a copy of any records, notes, and memos of any DOJ OIG telephone calls or other communications to any other office or agency regarding my charges and request for an investigation;
4) Copy of any DOJ OIG case file(s) regarding violations of my civil rights and civil liberties by DOJ employees and/or DOJ employee misconduct. If the DOJ OIG did not assign my complaints for investigation, I am requesting any records, notes, and memos as to why my complaint was not assigned for investigation or if review is still pending; and,
5) Copy of DOJ OIG manual and/or policy regarding review and assignment of complaints charging DOJ employees with violations of civil rights and civil liberties and/or misconduct.

FBI Director Mueller FOIPA Request

I left another message early this morning on the FBI FOIPA Public Information Officer's answering machine inquiring as to the status of my Jan. 5, 2008 FOIPA Request(USPS EB390615975US)seeking copies of all records related to my complaint and evidence, including a VHS videotape, that I sent to FBI Director Mueller on Dec. 12, 2007 and the Request Number that RIDS Section Chief Hardy assigned it.

FBI Patriot Act Abuse

I left a message early this morning on the FBI FOIPA Public Information Officer's answering machine to either tell me the date of my FOIPA request that Section Chief Hardy assigned Request No. 1111513-000 or fax me the first page of my request. Interestingly enough I received another letter- this one dated March 19, 2008- in this afternoon's mail from Section Chief Hardy acknowledging receipt of my Nov. 20, 2007 FOIPA request to the Jacksonville Field Office. The request was assigned to FBIHQ for handling and assigned Request No. 1111513, so it's the one that Hardy's March 25, 2008 reply letter said there's no record of me or my complaint to the FBI Jacksonville Field Office.

The difference between Hardy's March 19 and March 25 letters is telling. The March 19, 2008 letter is in 12 point type and double-spaced between lines and apparently signed with Hardy's rubber-stamp. The March 25, 2008 letter is in 10 point type and single-spaced between lines. Beneath Hardy's rubber stamped signature there's the initials 'EM.' The similarities are also telling- both sent from the same zip code 22602 and both postmarked March 25, 2008.

I sent my original complaint and evidence as well as my FOIPA request requesting same to the FBI Jacksonville Field Office EXPRESS MAIL and although the FBI signed for both envelopes they don't have any record of my complaint and denied receiving my original FOIPA request. Anyone get the feeling that FIB is covering up for Florida law enforcement? Hmmmm, I wonder what agency those two twenty somethings dressed in camo that a sedan with Leon County- Tallahassee- plates has been dropping off late at night along these country roads belong to?

At any rate Request No. 1111513-000 seems to be- at least for the moment- my Nov. 20, 2007 FOIPA request to the Jacksonville FBI Field Office, which means that the FBI hasn't assigned a Request Number to my FOIPA requesting copies of my complaint and evidence that I sent to FBI Director Mueller.

Joe

FBI Patriot Act Abuse

I received a letter, dated March 25, 2008, from David M. Hardy, FBI Section Chief, RIDS Record Management Division, yesterday, in response to a FOI/PA Request that I had filed. Coincidentally, I expected a reply to my Feb. 16, 2008 FOI Appeal regarding the FBI’s failure to respond to my Jan. 5, 2008 FOI/PA Request in which I requested a copy of all my correspondence, including a VHS tape, that I sent to FBI Director Mueller. Since Mr. Hardy neither referenced the date of this FOIA Request nor supplied a copy of it, I can only conclude that it’s my Jan. 5, 2008 FOIA requesting a copy of my complaint to Dir. Mueller charging FL LEO’s with illegal electronic surveillance and harassment. Hardy, however, did supply a Request No.: 1111513-000 to this otherwise unidentified request. In his letter, he wrote; "To promptly respond to requests, we concentrate on identifying main files in the central records system at FBI Head- quarters as well as the FBI Jacksonville Field Office. No records responsive to your FOIPA request were located by a search of the automated, Electronic Surveillance, and manual indices." He then notified me that I could file an administrative appeal. Besides not identifying my request by date or supplying a copy, Mr. Hardy improperly incorporated my Jacksonville FOIPA Request into his reply even though I didn’t mention Jacksonville in my Jan. 5, 2008 letter requesting copies of what I sent to Director Mueller.

Mr. Hardy’s incorporation of my Jacksonville FOI/PA Request in my request for FBI DC HQ records is suspicious, especially since I didn’t mention Jacksonville in my Jan. 5, 2008 request. I filed two earlier FOIPA Requests: one with FBI HQ (Request No.: 1091663-000) and one with the Jacksonville FBI Field Office (Request No.: 1095794-000). In response to both these requests Section Chief Hardy wrote the same stock reply quoted above except this time he included the FBI Jacksonville Field Office reference even though I didn’t mention Jacksonville in my request. When I appealed his two earlier request responses, I was told in effect to bring the FBI to court to obtain these records although they didn’t cite any FOIA exemptions to reject my appeals. Consequently, I filed two additional requests, specifically identifying the requested records. The Jacksonville FBI Office lied that they didn’t received the request addressed to them, even though they signed for the USPS EXPRESS MAIL envelope and an Agent confirmed that it was in their system.

This is a repeat of my experiences with FL State Attorney Meadows where he refused at first to even acknowledge a public records request and then refused to answer a simple question whether or not he viewed a VHS tape that I submitted as evidence. The FBI is covering up for Florida law enforcement and by doing so violate the Patriot Act.

FBI Employees Violation of Civil Rights and Civil Liberties

There's a provision in the Patriot Act which allows you to file a complaint with the DOJ IG against DOJ employees if they violated your civil rights and civil liberties. I pasted in the text of my complaint below. I filed a similar complaint with the DOJ IG charging misconduct.



March 17, 2008

Civil Rights and Civil Liberties Complaints
Office of the Inspector General
Department of Justice
950 Pennsylvania Avenue, NW
Washington, DC 20530
Fax : 202-XXX-XXXX

Dear Inspector General,

I am charging the Jacksonville FBI Special Agent In Charge, XXX XXXX, the Jacksonville FBI Civil Rights Supervisor, the Jacksonville FBI FOIA manager, and other unknown FBI employees in both the Jacksonville, FL, Field Office, and in FBI headquarters in Washington, D.C., with violating my civil rights and civil liberties. These DOJ employees violated my civil rights and civil liberties by not only delaying, imped-ing, covering up and concealing any investigation of my charges of illegal electronic surveillance by Florida Law Enforcement Officers and the West Florida Electric Co-operative Association, but also evidence related to my charges. My charges require an official investigation.

After exhausting all efforts to get Florida law enforcement officials and public officials to investigate my charges of illegal electronic surveillance, harassment, threatening witnesses, and obstruction of justice, I telephoned the Jacksonville Field Office on Friday, June 1, 2007 to request an investigation. The secretary connected me to an agent. I identified myself and briefly explained the situation to Chris(he refused to state his last name for security reasons). I explained that three electronic surveillance experts had verified the presence of illegal law enforcement electronic surveillance devices on the utility pole servicing the house and grounds, but refused to supply their respective reports. Two were threatened and the third had a conflict of interest, which he didn’t disclose. Chris asked if the pole was on the street. I made it clear that the pole was on private property. Chris said to summarize it in a page or two, attach some letters, and mail it to the attention of the Civil Rights Supervisor. The USPS verified that the FBI Jacksonville office received my EXPRESS MAIL (EB 401574474 US) letter, dated June 4, 2007, addressed to the FBI Civil Rights Supervisor on June 5, 2007. A XXX XXXX signed for it.

On June 14, 2007, I mailed a supplemental evidence envelope (PRIORITY MAIL # 0307 0020 0004 6108 7729) to the Jacksonville FBI Field Office Civil Rights Supervisor. I included a letter from the West Florida Electric Cooperative Association’s VP & CEO William Rimes in which he wrote that he takes my charges of illegal electronic surveil-lance seriously, no WFEC employees are involved, and he forwarded my letter to the local Sheriff. Holmes County Sheriff Dennis Lee, however, never contacted me regarding Mr. Rimes’ referral. My envelope arrived in Jacksonville, FL, on June 16, 2007, the USPS attempted to deliver it, and left a notice left. The FBI never picked it up and the USPS never returned it to me as undeliverable.

On June 20, 2007 mailed a duplicate supplemental evidence envelope (EXPRESS MAIL Label Number: EB032491235US) to the Jacksonville FBI Field Office Civil Rights Supervisor. The USPS verified that the Jacksonville FBI Field Office received it on
Neither the Jacksonville FBI Special Agent In Charge nor the Jacksonville FBI Civil Rights Supervisor responded to my July 2007 inquiries regarding the status of my June 4, 2007 complaint. Consequently, on August 23, 2007, I filed two FOIA/PA Requests with the FBI for records related to my complaint. I filed one with the Special Agent in Charge at the Jacksonville office (PRIORITY MAIL # 0306 1070 0004 8123 0740) and the other with David M. Hardy, Chief, RIDS, in DC (EXPRESS MAIL EB 390615184). The USPS verified delivery of both. FBI HQ acknowledged theirs and assigned Request No.: 1091663-000 to it. In his Sept. 21, 2007 letter, David M. Hardy, Section Chief, RIDS Records Management Division wrote: "No records responsive to your FOIPA request were located by a search of the automated and manual indices. If you desire a search of the Field Office files, you must contact the appropriate Field Office." As indicated, I already had filed a request with the Jacksonville FBI Field Office. However, the Jacksonville FBI office still hadn't even acknowledged my FOIA.

On October 3, 2007, I phoned the Jacksonville FBI Special Agent in Charge to inquire about the status of my August 23, 2007 FOIA/PA Requests (PRIORITY MAIL # 0306 1070 0004 8123 0740). His secretary referred me to the person who handled FOIAs. Mr. XXX XXXX said that he would look for it and forward it FBI HQ in DC, which in turn would then either call or email him authority to provide the records. On Oct. 5, 2007 the Jacksonville FBI FOIA manager XXX XXXX(phone number XXX-XXX-XXXX) left a message that my letter was delayed and forwarded it via Express Mail on Oct. 4, 2007 to FBI HQ, and that HQ would reply to me directly.

When FBI HQ didn’t reply to my Jacksonville FOIA/PA Request within an additional 20 working days (up and above the time my FOIPA already sat in Jacksonville, FL), I filed an appeal on 10-24-07 with the DOJ. I treated the FBI’s failure to reply within the deadlines as a denial of my request and appealed.

On November 19, 2007, I received a reply from XXX XXXX, Section Chief, FBI HQ, to my Jacksonville FOIPA (Request No.:1095794-000), who wrote in November 7, 2007 letter: "To promptly respond to requests, we concentrate on identifying main files in the central records system at the Jacksonville Field Office. No records responsive to your FOIPA request were located by a search of the automated and manual indices." If you remember, Mr. Hardy previously advised me to file a separate one with the Jacksonville FBI Field Office. However, when Jacksonville FBI forwarded my request to him, he gave me the same reply as before: "No records responsive to your FOIPA request were located by a search of the automated and manual indices." The Jacksonville FBI never entered my complaint into the system.

I filed a November 20, 2007 FOIPA Request (USPS# EB 390622106 US) in which I requested any and all records regarding my communications and correspondence to the FBI Jacksonville Field Office. The USPS verified delivery of my second FOIPA Request to the Jacksonville FBI. USPS delivery record show that my November 20, 2007 FOIPA Request was delivered on November 21, 2007 at 11:37 AM in Jacksonville, FL. The scanned image of the recipient information revealed that a XXX XXXX signed for it.

On December 12, 2007, I mailed a letter (Receipt Number:EB39 0615 975US) to FBI Director Mueller charging the Florida Department of Law Enforcement (FDLE), Holmes County Sheriff’s Department, and the West Florida Electric Cooperative (WFEC) Association with on-going violations of my civil rights, including illegal electronic surveillance and harassment, requested an investigation, and a copy of the FBI’s report of investigation. I enclosed a VHS videotape, which was evidence of electronic surveillance according to some electronic surveillance experts. Although not a TSCMP expert, a sibling, who is a PhD, PE, said that an advanced technology caused the sound recorded in the VHS tape. The USPS verified delivery of my letter and evidence (Receipt Number: EB39 0615 975U S). USPS Track & Confirm verified delivery:"Your item was delivered at 3:07 AM on December 14, 2007 in WASHINGTON, DC 20535 to FBI 20535 PU .The item was signed for by XXX XXXX."

On the morning of December 28, 2007, I telephoned the Jacksonville FBI Field Office regarding the status of my November 20, 2007 FOIPA Request (USPS# EB 390622106 US) to the FBI Jacksonville Field Office. I spoke to the Duty Agent, who refused to identify himself for security reasons. He said that he would check and get back to me. Later that afternoon this same Duty Agent left a message on the answering machine that he found my request in the system, but the guy who processes them put it somewhere and he can not find it.

On January 5, 2008, I mailed a Request for Personal Records under the FOIA/PA to the Record Information/Dissemination Section (RIDS). In my letter (USPS PRIORITY MAIL #: 03070020000461091009), I requested any and all records of my communications and correspondence to FBI Director Mueller regarding my letter, dated December 11, 2007, charging the FDLE, Holmes County Sheriff’s Department, and WFEC Association with violations of my civil rights. The USPS verified delivery of my letter in Washington, DC, on January 8, 2008.

In her January 30, 2008 letter , XXX XXXX, Supervisory Administrative Specialist, U.S. DOJ, Office of Information and Privacy, wrote:

"This responds to your letter dated January 5, 2008, in which you attempted to appeal from the failure of the Jacksonville Field Office of the Federal Bureau of Investigation to respond to your request for access to records pertaining to your communications with the Jacksonville Field Office charging the Florida Department of Law Enforcement and Holmes County Sheriff’s Department with illegal electronic surveillance and harassment.
A member of my staff has been advised by the FBI that it has no record of receiving this request from you. Accordingly, by copy of this letter, we are referring your letter to the FBI for processing and direct response to you. You may appeal any future adverse determination mad by the FBI. "

On March 8, 2008, I mailed my FOI Appeal (PRIORITY MAIL #: 0307179000016068 3078) to the Director, Office of Information and Privacy, U.S. DOJ, Washington, D.C. I treated the Jacksonville FBI Field Office’s failure to meet my November 20, 2007 FOIPA Request (USPS# EB 390622106 US) deadlines as a denial of my request and appealed. The USPS verified delivery of my FOI Appeal on March 10, 2008.

By delaying, impeding, covering up and concealing not only my charges but also evidence related to my charges of illegal electronic surveillance by Florida Law Enforcement Officers and the West Florida Electric Cooperative Association the above referenced DOJ employees violated my civil rights and civil liberties. Moreover, the FBI told the Office of Information and Privacy that they had no record of receiving my November 20, 2007 FOIPA Request even though the USPS verified its delivery and the December 28, 2007 Jacksonville FBI Duty Agent confirmed that it was in the system.


Sincerely,

Joseph Michael Keegan