Friday, May 16, 2008

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.

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