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Justice department ‘uses aged computer system to frustrate Foia requests’

  • Lawsuit accuses DoJ of ‘failure by design’ through use of decades-old system
  • DoJ refuses to use new $425m software on freedom of information requests
A judge ruled in January that the FBI had acted in a manner ‘fundamentally at odds with’ the Freedom of Information Act. Photograph: Yuri Gripas/AFP/Getty Images

A judge ruled in January that the FBI had acted in a manner ‘fundamentally at odds with’ the Freedom of Information Act. Photograph: Yuri Gripas/AFP/Getty Images

A new lawsuit alleges that the US Department of Justice (DoJ) intentionally conducts inadequate searches of its records using a decades-old computer system when queried by citizens looking for records that should be available to the public.

Freedom of Information Act (Foia) researcher Ryan Shapiro alleges “failure by design” in the DoJ’s protocols for responding to public requests. The Foia law states that agencies must “make reasonable efforts to search for the records in electronic form or format”.

In an effort to demonstrate that the DoJ does not comply with this provision, Shapiro requested records of his own requests and ran up against the same roadblocks that stymied his progress in previous inquiries. A judge ruled in January that the FBI had acted in a manner “fundamentally at odds with the statute”.

Now, armed with that ruling, Shapiro hopes to change policy across the entire department. Shapiro filed his suit on the 50th anniversary of Foia’s passage this month.

Foia requests to the FBI are processed by searching the Automated Case Support system (ACS), a software program that celebrates its 21st birthday this year.

Not only are the records indexed by ACS allegedly inadequate, Shapiro told the Guardian, but the FBI refuses to search the full text of those records as a matter of policy. When few or no records are returned, Shapiro said, the FBI effectively responds “sorry, we tried” without making use of the much more sophisticated search tools at the disposal of internal requestors.

“The FBI’s assertion is akin to suggesting that a search of a limited and arbitrarily produced card catalogue at a vast library is as likely to locate book pages containing a specified search term as a full text search of database containing digitized versions of all the books in that library,” Shapiro said.

The DoJ has contended to Shapiro and others that only one of ACS’s three search functions, the Universal Name Index (Uni), is necessary to fulfill the law. The Uni search does not include the text of the files in the ACS, merely search terms entered – or not – by the FBI agent handling the case in question.

Shapiro told the Guardian that the reason the DoJ gave for refusing to use its $425m Sentinel software to process Foia requests after ACS had failed to recover records was that a Sentinel search “would be needlessly duplicative of the FBI’s default ACS UNI index-based searches and wasteful of Bureau resources”.

CONTINUE READING AT THE GUARDIAN

 

Filed Under: News and Views Tagged With: DoJ, FBI, FOIA, JFK records, RECORDS

Morley v. CIA petition update

20160705_213356Here is the petition for certiorari filed in the case of Morley v. CIA.  This petition raises the basic issues of the case with the goal of gaining the interest of the United States Supreme Court.

Lesar.Morley.ret.pet.final.

Filed Under: News and Views

Who’s the Savage? An Important Message from Professor David R. Wrone

Retired UWSP professor talks about dark history of Native American treatment

Nathanael Enwald , The Portage County Gazette Managing Editor
Wednesday, June 29, 2016 10:07 PM
Professor David R. Wrone

Professor David R. Wrone

Retired University of Wisconsin-Stevens Point (UWSP) history professor David R. Wrone recently presented a lecture

about the heinous mistreatment of Native Americans by frontiersmen and the American Government to the American Bar Association (ABA) during its annual Leadership Meeting held June 16 to 18 in Vancouver, Canada.

The ABA’s motto is to “defend liberty and protect freedom,” and it prides itself on championing social justice, so it invites speakers each year to sensitize its members to the historical issues connected to ethnic and racial groups. Last year, the ABA invited George Takei, best known for his role as Sulu on the original “Star Trek” series, to talk about the Japanese American relocation to camps during World War II.

This year, Wrone was invited to talk about the history of Native American tribes to remind its members of the darkness humans are capable of.

He titled his talk “Who’s the Savage?” – taken from his book “Who’s the Savage? A Documentary History of the Mistreatment of the Native North Americans” he co-authored with the late UWSP professor Russell S. Nelson Jr. The book was used in colleges throughout the country.

“From the beginning … In 1776, we were hemmed in by a mountain barrier from Maine to Georgia by the Appalachian Mountains, and it was very difficult to cross. On the other side were the Indian tribes,” Wrone said. “In 1778, George Washington sent an emissary to the Delaware Nation (Lenape tribe) at the forks of the Ohio River, which is Pittsburgh today, and we signed the first treaty with the tribes and they agreed to remain neutral during our war. They also agreed to come into the nation as the 14th state.

“But on the way home from the treaty through the forest, the frontiersmen assassinated the chiefs and threw the tribes into war against us,” Wrone said.

But the violence didn’t stop with the assassination of tribal chiefs.

“In southern what is now Ohio, (Mohicans) set up an ideal Mohican community near the Pennsylvania border. These people had their own frame houses, picket fences, cattle herds, school houses in their language,” he said. “A hundred miles away, the frontiersmen in a Pennsylvania village decided the Mohicans were hostile.

“Now, these (Mohicans) were fundamentalist Christians, they were Moravian pacifists. The frontiersmen came in upon them suddenly and seized 96 of them and put them in a big barn. And while the Indians sang Christian hymns in their language and prayed for the souls of their captors, they were taken one by one to a blacksmith’s anvil and the Americans smashed their heads in with a maul. All 96 of them,” Wrone said.

“Another illustration would be in northern Georgia. The Cherokee had many bands of Cherokees and some of the bands were opposed to us moving into the Tennessee Valley. In the 1780s, the frontiersmen occupied the northern part of the Tennessee River, the southern part was Cherokee,” he said. “Some frontiersmen sent an emissary to Old Corntassel band of Cherokees to come and discuss problems they had. So, the chief came with six of his assistants, crossed the Tennessee River, and per the agreement, they left all their weapons in their canoes.

“They went up to the cabin where the meeting was to take place, and the white people inside as per agreement had left their rifles outside. After they entered, the whites outside rushed the cabin, slammed and barred the doors and windows. Then inside they picked up the kindling axes and chopped the Indians to death,” Wrone said.

Wrone said the frontiersmen just didn’t want to live near the Native Americans, who refused to leave the land that had been their home for thousands of years. So, they resorted to violence.

“When General (Andrew) Jackson became President Jackson in 1833, he explained in his annual message to Congress that the Indians were ‘inferior people’ and unable to civilize and if they didn’t civilize, they would disappear. So, he pushed through the removal acts. All the Indian tribes east of the Mississippi would be moved west,” Wrone said.

“A classic example of that were the Cherokee. The Cherokee 15 years before had undergone a transformation. Sequoia had developed an Indian alphabet, and the Cherokees had their own printing press, their own newspapers, printed books and laws printed in the Cherokee language. They were 90-percent literate. That was at least twice the literacy rate of whites,” he said.

“They had their own ferries, textiles mills, they had cattle herds, hogs, cotton fields and so forth. They were unbelievably dynamic in their civilization. So, we decided they were savages and they had to be moved west of the Mississippi. Their land in northern Georgia and parts of Tennessee was then raffled off to the whites,” he said.

The U.S. Army marched in, rounded up the Cherokee men, women and children and marched them to one of 11 stockades for the approximately 16,000 Cherokees. On the heels of the Army were mobs of frontiersmen who robbed and looted the towns and villages after the Cherokee were forcefully removed.

“Then they went to the Cherokee cemeteries and dug up the bodies looking for souvenirs and valuables,” Wrone said.

The Cherokee tribes were then moved through Tennessee, Kentucky, Illinois and Missouri to the Indian Territory in Oklahoma. Roughly 25 percent of them died on the way because they were not allowed to bring anything along, including blankets for the winter.

But the atrocities didn’t stop there. In the southwest in the 1850s, American professional scalp hunters would track down the Apaches and murder men, women and children for their scalps. The Americans would then sell the scalps to Mexican authorities.

“Then there’s General Custer; we celebrate him. We celebrate him because of all the propaganda and his family relations and so forth,” Wrone said. “But on Nov. 27, 1868, on a river on what is now western Oklahoma, the Cheyenne had a village under the leadership of Chief Black Kettle. Custer, with his 7th Calvary, snuck up on him in the night and attacked them at dawn’s early light.

“Black Kettle’s band was a pacifist band, so he attacked a band of pacifists, killed 20 men, 40 women and children, captured the remaining women and children and took them back to Fort Cobb, a three- or four-day’s march at least, and to defend themselves against avenging other tribes, they used the women and children as human shields,” Wrone said.

“Then, at Fort Cobb, he took the Cheyenne women – who were noted for their beauty – and raped them. Custer took the daughter of Black Kettle – whom he had just shot in the back – and raped her and took her as his mistress. From her he had a son named ‘Son of Yellow Hair.’ When his wife came out a year later, he took them to the gates of the fort and kicked them out,” he said.

That’s the celebrated General Custer, he said.

“One question I was asked by the (ABA) moderator was, ‘how did I get interested studying Indians?’” Wrone said. “I said, ‘I came into it with a positive attitude.’

“As a child in the 1930s, I’m 83 now, I had a regular medical doctor but we were also treated by a Cherokee medicine man three times a year who would come to my central Illinois town with his (medicines) and herbs, and he’d treat us,” Wrone said. “He was very, very kind. He had a three-piece suit, polished shoes and was just a wonderful man. He also taught us boys the proper way to climb a tree.”

Wrone and his childhood friends would go to the movies for a nickel – later a dime – on Saturdays. He said they thought it strange the movies about cowboys and Indians usually featured Indians attacking the caravans – armed with guns – with bows and arrows.

“Then one of our neighbor kids had his aging grandmother living with him. She had gone west in a covered wagon to the Oregon Country, and when she described it, she said the Indians traded with them and were great friends,” he said. “Later, when I became a professor, I read there’s only been six white people killed by Indians going west in wagon trains.”

Wrone called it “awful propaganda.”

He said his family history had a part in defining his perception of Indians as well. His great-grandfather was wounded and left for dead by his unit in an Indian skirmish, only to be discovered by the “enemy’s” warriors, taken back to their camp, nursed back to health and released unharmed and untortured.

His great-grandfather on the other side was captured by the Shawnee in a raid, and they held him for a few weeks, kept him healthy and released him, also unharmed and untortured.

These positive stories led him to a mistrust in the propaganda coloring the Native Americans as savages and ultimately led to a life of academic study to discover the truth.

Over the years, Wrone said he’s read more than 40 history books used in schools, and not one mentions the atrocities against Native Americans.

“Once in a while they’d give a sentence on Cherokee removal, but never really explained what happened. So I went to the original sources, and there we found the reality,” he said.

Wrone said it is important for us to remember these deeds to ensure they don’t happen again.

“It is important for us to remember this is a part of our heritage as Americans and that we have this (in our history). It’s not just one institution, it was many institutions involved here – including religious, civilian and military – and that we have that element in us. We have to know it exists in order to define and prepare ourselves better for the future. We have to be honest,” he said.

– See more at: http://pcgazette.com/Content/Default/News/Article/Retired-UWSP-professor-talks-about-dark-history-of-Native-American-treatment-/-3/1/1168#sthash.hedQRcJE.eM9JVnV8.dpuf

Professor Wrone is the author of The Zapruder Film: Reframing JFK’s Assassination

Filed Under: News and Views

Missing Church Committee Transcripts

 

deivanayagam-25Rex Bradford|Mary Ferrell Foundation|16 May, 2016 — With the National Archives’ planned 2017 release of some 3600 postponed JFK records, attention has been focused on what will be in these new releases, and also what known records will remain “missing.” Important among these are currently-withheld documents of the Church Committee, the Senate committee which in the mid-1970s conducted the most wide-ranging congressional review of U.S. intelligence agencies in our nation’s history, and also conducted a probe into these agencies’ response after the JFK assassination.

Church Committee Documents Scheduled for Release in 2017

The documents scheduled for October 2017 release includes 26 Church Committee records currently withheld in full, listed below.

Church Committee documents, currently postponed in full, scheduled for 2017 release

  • 157-10004-10102: ANTI-FIDEL CASTRO ACTIVITIES
  • 157-10005-10012: REQUEST FOR ACCESS TO FBI FILES
  • 157-10005-10102: MEMORANDUM [BARON TO FILES]
  • 157-10008-10087: MEMORANDUM [MOSK TO RANKIN]
  • 157-10011-10121: REPORT
  • 157-10011-10122: MEMORANDUM FOR THE RECORD
  • 157-10011-10123: CIA REPORT
  • 157-10011-10155: ARTICLE PUBLISHED IN “PEOPLE AND THE PURSUIT OF TRUTH”, FEB. 1976
  • 157-10002-10002: (NO TITLE)
  • 157-10002-10028: RAPPROCHEMENT WITH CUBA – TESTIMONY OF WILLIAM ATTWOOD
  • 157-10002-10029: INTERVIEW WITH RICHARD BISSELL, 8/6/1975
  • 157-10002-10030: TRANSCRIPT OF HEARING WITH RICHARD BISSELL, 7/17/1975
  • 157-10002-10096: POLITICAL AND ECONOMIC – OPERATION MONGOOSE [HURWITCH]
  • 157-10002-10151: INTERVIEW WITH SAM PAPICH, 8/22/1975
  • 157-10002-10179: COMMITTEE BUSINESS RE: RELEASE OF CHURCH COMMITTEE REPORT ON ASSASS.
  • 157-10002-10334: RESPONSE TO COMMITTEE LETTER DATED DECEMBER 18, 1975
  • 157-10014-10004: (NO TITLE) [TRANSCRIPT: ANGLETON, JAMES, 9/12/1975]
  • 157-10014-10006: (NO TITLE) [TRANSCRIPT: ANGLETON, JAMES; MILER, SCOTTY, 1/22/1976]
  • 157-10014-10047: (NO TITLE) [TRANSCRIPT: 5/6/1976]
  • 157-10014-10049: (NO TITLE) [TRANSCRIPT: 3/15/1976]
  • 157-10014-10084: (NO TITLE) [TRANSCRIPT: 5/10/1976]
  • 157-10014-10090: (NO TITLE) [TRANSCRIPT: 11/12/1975]
  • 157-10014-10144: (NO TITLE)
  • 157-10014-10145: (NO TITLE)
  • 157-10014-10154: CLERK OF COMMITTEE CHRON JUNE 1975
  • 157-10014-10174: FBI ON WARREN COMMISSION

The ARRB and Missing Church Committee Records

This list is unfortunately short. It appears that a number of JFK-related Church Committee records have “gone missing,” perhaps permanently so. This problem was known to the Assassination Records Review Board. Master researcher Malcolm Blunt provided the MFF with pages copied from the files of ARRB staffer Ronald G. Haron; these 114 pages include memos discussing the problem of missing files, in particular interview transcripts.

CONTINUE READING AT MARY FERRELL FOUNDATION

Filed Under: News and Views

Update: Morley Suit For Records On George Joannides

GJ-051862 cia-seal-1024x768

An important case that raises issues relevant to past, present, and future congressional investigations which are vulnerable to subversion and obstruction by the federal agencies being investigated.

New filings which support the motion for attorney fees in the case of Jefferson Morley v. Central Intelligence Agency, Civil Action No. 03-02545 (RJL).

Following are: 1.) Supplemental Memorandum on Points and Authorities In Support of Plaintiff’s Motion, 2.) Dan Hardway, Sworn Declaration, Dated 25 April, 2016, 3.) Exhibit 1 to Hardway Declaration, Composite of Documents. (Click on each link to open file)

2016 Suppl Mem. P&A in Support of Mot. for Atty Fees (16-0511)

Doc. 156-1. Dan L. Hardway Declaration

Doc. 156-2–Exhibit 1 to Hardway Declaration

 

Filed Under: News and Views

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