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
Monday, March 31, 2008
Sunday, March 30, 2008
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.
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.
Monday, March 17, 2008
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
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
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