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28 February, 2018
Talbot Response to Govt Motion for Summary Judgment
Plaintiff David Talbot (“Talbot”) in support of his opposition to Defendants, Central Intelligence Agency (“CIA”) and Department of State’s, (“DOS”) Motion for Summary Judgment and in support of his Cross-Motion for Summary Judgment against the CIA and DOS offers the following memorandum of points and authorities.
Talbot’s Freedom of Information Act (“FOIA”) request of May 6, 2013, to DOS sought passport and visa records pertaining to two deceased CIA officers, William King Harvey (“Harvey”) and F. Mark Wyatt (“Wyatt”). Records on Harvey were requested for the period of January 1, 1950, to July 1, 1976. Records on Wyatt were sought for the period of January 1, 1948, through 1975. Talbot’s FOIA request to DOS also sought an 8×10 glossy photograph of both Harvey and Wyatt. Complaint Ex. 1, Doc. No. 1-6.
Talbot’s FOIA request of May 6, 2013, to CIA sought: 1) all records pertaining to temporary duty (“TDY”) travel for Harvey during the period January 1, 1950, through July 1, 1976 and for Wyatt during the period January 1, 1948 through 1975; 2) all passport and visa records pertaining to Wyatt and Harvey; 3) all photographs of Harvey and Wyatt; and 4) all records reflecting duty assignments to any station, post, base, unit or other component of the CIA for Harvey during the period January 1, 1950, through July 1, 1976 and for Wyatt during the period January 1, 1948 through 1975. Talbot’s request also sought a fee waiver on the basis of his status as a journalist. Complaint Ex. 2, Doc. No. 1-11.
DOS released ten documents on Wyatt, six in full and four with redactions based on Exemption 6, on July 19, 2017. Stein Decl. ^ 11 & Ex. 9, Doc. No. 17-3. DOS advised Talbot on
December 15, 2015, that it had been unable to locate any responsive record on Harvey and requested further identifying information about him be provided. Complaint Ex. 4, Doc. No. 1-9. Talbot provided DOS with Harvey’s date and place of birth, two pseudonyms Harvey had been known to have used, and the names of Harvey’s parents, on April 14, 2016. Complaint Ex. 5, Doc. No. 1-10. DOS advised Talbot on June 8, 2017, that it had not located any responsive records on Harvey. Stein Decl. ^ 8 & Ex. 6, Doc. No. 17-3. DOS searches were limited to the Office of Passport Services within the Bureau of Consular Affairs (“PPT”).
By letter dated April 16, 2016, Talbot submitted an additional request to DOS seeking records relating to DOS’s search for records responsive to Talbot’s FOIA request of May 6, 2013. Complaint Ex. 5 addition, Doc. No. 12-1. The letter was delivered to DOS by U.S. Certified Mail on April 21, 2016. Hardway Decl. ^ 5, Ex. 5. DOS has conducted no search based upon this request.
CIA advised Talbot on July 14, 2014, that it had located 277 documents consisting of 419 pages regarding Harvey that had been previously released in response to an earlier request. CIA advised Talbot, on February 20, 2015, that it had not located any responsive records regarding Wyatt. Complaint Ex. 9, Doc. No. 1-14. CIA discovered approximately 300 additional pages of responsive documents relating to Harvey after the Complaint had been filed in this case. Shiner Decl. ^ 15, Doc. No. 17-5. CIA released 13 additional redacted documents to Talbot on August 31, 2017. Id. at ^ 17. With the exception of 60 documents which were withheld in full, CIA released the remaining responsive documents, some in full, but most redacted, on September 29, 2017.