foia request: crew: doj-criminal division: regarding rep. don young: 1/24/11

8/7/2019 FOIA Request: CREW: DOJ-Criminal Division: Regarding Rep. Don Young: 1/24/11

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CREW Icitizens for responsibilityand ethics in washingtonBy facsimile: 202-514-6117Rena Y. KimChief, FOIA/PA SectionCriminal DivisionU.S. Department of JusticeSuite 1127, Keeney Building950 Pennsylvania Avenue, N.W.Washington, D.C. 20530-0001

January 24,2011

Re: Freedom of Information Act RequestDear Ms. Kim:

Citizens for Responsibility and Ethics in Washington ("CREW") makes this request forrecords , regardless of format, medium, or physical characterist ics, and including electronicrecords and information, audiotapes , videotapes and photographs, pursuant to the Freedom ofInformation Act ("FOIA"), 5 U.S .c . 552, et seq., and U.S. Department of Justice ("DOJ")regulations, 28 C.F.R. Part 16.Specifically, CREW requests all records related to investigations conducted by DOJ andthe Federal Bureau ofInvestigation ("FBI") of Rep. Don Young (R-AK) that are not covered bygrand jury secrecy pursuant to Rule 6(e) of the Federal Rules of Criminal Procedure, includingbut not limited to DOl's decision not to bring criminal charges against him. DOJ has conductedat least two investigations ofRep . Young: one related to whether Rep . Young accepted bribes ,illegal gratuities , or unreported gifts from the VECO Corporation, an Alaskan oil-fieldengineering firm, see John R. Wilke, Alaska 's Young, Stevens Face Inquily, Wall Street Journal ,July 25, 2007 (attached as Exhibit A), and one related to a $10 mill ion earmark Rep. Younginserted into a transportation bill that benefitted one of his campaign contributors, see BenDuBose , Justice Department May Investigate Late Earmark, Los Angeles Times , April 18, 2008(attached as Exhibit B). DOJ notified Rep. Young in August 2010 it had concluded itsinvestigation of him and declined to prosecute him. See Richard Mauer, Federal ProsecutorsDrop Young Case, Anchorage Daily News, August 5, 2010 (attached as Exhibit C).Please search for responsive records regard less of format , medium, or physicalcharacteri stics. Where poss ible, please produce records electronically, in PDF or TIF format on aCD-ROM. We seek records of any kind, including electronic records, audiotapes, videotapes,and photographs. Our request includes any letters, emails , facsimiles, telephone messages , voicemail messages, and transcripts, notes , or minutes of any meetings, telephone conversations, ordiscussions. Our request also includes any attachments to these records .

1400 EyeStree t, N.w., Suite 450,Washing ton, D.C. 20005 I 202.408.5565phone I 202.588.5020fax I www.c itizensfore thics.o


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Rena Y. KimJanuary 24,2011Page 2

If it is your posit ion that any portion of the requested records is exempt from disclosure,CREW requests that you provide it with an index of those documents as required under Vaughnv. Rosen, 484 F.2d 820 (D.C. Cir. 1973), cert. denied, 415 US. 977 (1972). As you are aware, aVaughn index must describe each document claimed as exempt with sufficient specificity "topermit a reasoned judgment as to whether the material is actually exempt under FOIA."Founding Church ofScientology v. Bell, 603 F.2d 945,949 (D.C. Cir. 1979). Moreover, theVaughn index must "describe each document or portion thereof withheld, and for eachwithholding it must discuss the consequences of supplying the sought-after information." King v.Us. Dep 't ofJustice, 830 F.2d 210,223-24 (D.C. Cir. 1987) (emphasis added). Further, "thewithholding agency must supply' a relatively detailed justification, specifically identifying thereasons why a particular exemption is relevant and correlating those claims with the particularpart of a withheld document to which they apply.'" Jd. at 224 (citing Mead Data Central v. us.Dep 't of the Air Force, 566 F.2d 242, 251 (D.C. Cir. 1977)).

In the event some portions of the requested records are properly exempt from disclosure,please disclose any reasonably segregable non-exempt portions of the requested records. See 5US.c. 552(b). If it is your posit ion that a document contains non-exempt segments, but thatthose non-exempt segments are so dispersed throughout the document as to make segregationimpossible, please state what portion of the document is non-exempt, and how the material isdispersed throughout the document. Mead Data Central, 566 F.2d at 261. Cla ims ofnonsegregability must be made with the same degree of detail as required for claims ofexemptions in a Vaughn index. If a request is denied in whole, please state specifically that it isnot reasonable to segregate portions of the record for release.

Finally, CREW welcomes the opportunity to discuss with you whether and to what extentthis request can be narrowed or modified to better enable DOJ to process it within the FOIA'sdeadlines. Adam J. Rappaport, the CREW attorney handling this matter, can be reached at (202)408-5565 or [email protected].

Fee Waiver RequestIn accordance with 5 US.C. 552(a)(4)(A)(ii i) and 28 C.F.R. 16.11(k), CREW

requests a waiver of fees associated with processing this request for records. The subj ect of thisrequest concerns the operations of the federal government and expenditures, and the disclosureswill likely contribute to a better understanding of relevant government procedures by CREW andthe general public in a significant way. Moreover, the request is primarily and fundamentally fornon-commercial purposes. 5 U.S.C. 552(a)(4)(A)(iii). See, e.g., McClellan Ecological v.Carlucci, 835 F.2d 1282, 1285 (9th Cir. 1987).

These records are likely to contribute to greater public awareness of alleged malfeasance


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Rena Y. KimJanuary 24,2011Page 3and possible criminal behavior by Rep. Young and why, despite this apparent malfeasance, DOJrefused to prosecute Rep. Young.

One of DOl's investigations ofRep. Young's conduct stemmed from DOl's broaderprobe ofVECO's affairs and its relationship with several lawmakers. See Wilke, Wall StreetJournal, July 26,2007. As part of that investigation, Bill Allen, a former VECO executive,testified that from 1993 to 2006 he paid $10,000 to $15,000 annually out ofVECO funds for anannual fundraiser for Rep. Young. See Kim Murphy, Alaska Lawmaker Linked to Bribery Probe,Los Angeles Times, October 24, 2009 (Attached as Exhibit D). Allen and other VECOcontributed at least $157,000 to Rep. Young's campaign committee and his leadership PACbetween 1996 and 2006. See Wilke, Wall Street Journal, July 26,2007. VECO was awarded anumber of valuable federal contracts through earmarks since 2000. See id.

The second investigation concerned a $10 million earmark for a Florida highwayinterchange Rep. Young slipped into a 2005 highway funding bill. See Greg Gordon & ErikaBolstad, Young's $10 million earmark focus of inquiry, Seattle Times, August 19,2007 (attachedas Exhibit E). In February 2005, while Rep. Young was chairman of the House TransportationCommittee, he attended a fundraiser in Florida organized by a land developer who stood to gainfinancially from the interchange project. See DuBose, Los Angeles Times, Apr, 18,2008. Theproject was not included in the version of the bill passed by the House and Senate, but Rep.Young's staff "corrected" the legislation to include the earmark before it was sent to thepresident. See Paul Kane, Congress May Seek Criminal Probe ofAltered Earmark, WashingtonPost, April 17,2008 (Attached as Exhibit F). In 2008, Congress passed a resolution asking theJustice Department to investigate the earmark. See DuBose, Los Angeles Times, Apr, 18,2008.

DOJ notified Rep. Young in August 2010 its investigation of him had concluded and thatit would not prosecute him. See Mauer, Anchorage Daily News, August 5,2010.The requested documents would shed light on the conduct ofDOJ and the FBI inconducting the investigation ofRep. Young, and DOl's decision to close the investigationwithout bringing charges against him. In addition, while DOJ decided not to prosecute Rep.Young, his activities still may have been illegal or violations of the rules of the House, and therequested records would shed light on them.CREW is a non-profit corporation, organized under section 501(c)(3) of the InternalRevenue Code. CREW is committed to protecting the public's right to be aware of the activities

of government officials and to ensuring the integrity ofthose officials. CREW uses acombination of research, litigation, and advocacy to advance its mission. The release ofinformation garnered through this request is not in CREW's financial interest. CREW willanalyze the information responsive to this request, and will share its analysis with the public,either through memoranda, reports, or press releases. In addition, CREW will disseminate anydocuments it acquires from this request to the public through its website,


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Rena Y. KimJanuary 24,2011Page 4\vw\v.citizensforethics.org, which also includes links to thousands of pages of documents CREWacquired through its multiple FOIA requests as well as documents related to CREW's litigationand agency complaints, and through www.scribd.com.

Under these circumstances, CREW satisfies fully the criteria for a fee waiver.News Media Fee Waiver Request

CREW also asks that it not be charged search or review fees for this request becauseCREW qualifies as a "representative of the news media" pursuant to the FOIA and SECregulation 17 C.F.R. 200.80(e)(10). In Nat 'I Sec. Archive v. Us. Dep 't ofDefense, 880 F.2d1381,1386 (D.C. Cir. 1989), the Court ofAppeals for the District of Columbia Circuit found theNational Security Archive was a representative of the news media under the FOIA, relying on theFOIA's legislative history, which indicates the phrase "representative of the news media" is to beinterpreted broadly; "it is critical that the phrase 'representative of the news media' be broadlyinterpreted if the act is to work as expected.... In fact, any person or organization whichregularly publishes or disseminates information to the public . . . should qualify for waivers as a'representative of the news media. '" 132 Congo Rec. S14298 (daily ed. Sept. 30,1986) (emphasisadded), cited in id.

CREW routinely and systematically disseminates information to the public in severalways. First, CREW maintains a frequently visited website, wvvw.citizensforethics.org, thatreceived 53,888 visits in December 2010. In addition, CREW posts all of the documents itreceives under the FOIA on www.scribd.com. and that site has received 546,020 visits toCREW's documents since April 14,2010.

Second, since May 2007 CREW has published an online newsletter, CREWCuts, thatcurrently has 17,012 subscribers. CREWCuts provides subscribers with regular updatesregarding CREW's activities and information the organization has received from governmententities. A complete archive of past CREWCuts is available athttp://VlTWw. citizensforethics.org/newsletter.

Third, CREW publishes a blog, Citizens bloggingfor responsibility and ethics inWashington, that reports on and analyzes newsworthy developments regarding government ethicsand corruption. The blog, located at http://v{vvw.citiznesforethics.org/blog, also provides linksthat direct readers to other news articles and commentary on these issues. CREW's blog had3,478 hits in December 2010.

Finally, CREW has published numerous reports to educate the public about governmentethics and corruption. See The Revolving Door, a comprehensive look into the post-governmentactivities of 24 former members of President Bush's cabinet; Record Chaos, which examinesagency compliance with electronic record keeping responsibilities; and Those Who Dared: 30


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Rena Y. KimJanuary 24,2011Page 5Officials Who Stood Up For Our Count/y o These and all other CREW ' s reports are available athttp://W'vvvv.citizensforethics.org/reports.

Based on these extensive publication act ivities, CREW qualifies for a fee waiver as a"representative of the news media" under the FOIA and agency regulations.

Conclusion

If you have any questions about this request or fore see any problems in releasing fully therequested records please contact me at (202) 408-5565 . Also, if CREW 's request for a feewaiver is not granted in full , please contact our office immediately upon making such adetermination. Please send the requested records to Adam 1. Rappaport, Citizens forResponsibility and Ethics in Washington, 1400 Eye Street, N.W., Suite 450 , Washington, D.C.20005.

Sincerely,

enior CounselEnclosures

foia request: crew: doj-criminal division: regarding rep. don young: 1/24/11

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