In May I submitted a FOIA request seeking:
All memos directly related to the October 27, 2016 meeting between FBI Director James Comey and the investigative team focused on Secretary Hillary Clinton, as described in Mr. Comey’s May 3 testimony before the Senate Judiciary Committee (attached). In particular I am interested in any memos or e-mails related to the decision to seek a search warrant to search Secretary Clinton’s e-mails, and the decision to notify Congress on October 28 2016 concerning the e-mails. I also would like any documents identifying the participants in that October 27, 2016 meeting. I also want all documents related to the advice given by the “junior lawyer” who asked Director Comey “should you consider that what you’re about to do may help elect Donald Trump president?,” as reported by Directory Comey in his May 3 testimony before the Senate Judiciary Committee.
Today comes the response:
No records responsive to your request were located. For your information, Congress excluded three discrete categories of law enforcement and national security records from the requirements of the FOIA. See 5 U.S.C. §552(c) (2006 & Supp. IV (2010)) This response is limited to those records that are subject to the requirements of the FOIA. This is a standard notification that is given to all our requesters and should not be taken as an indication that excluded records do, or do not, exist.
So, folks, any guess which exclusionary provisions of 552(c) they think they can rely on to prevent disclosure? I’m not seeing any that apply.
(c)(1) Whenever a request is made which involves access to records described in subsection (b)(7)(A) [“records or information compiled for law enforcement purposes, but only to the extent that the production of such law enforcement records or information (A) could reasonably be expected to interfere with enforcement proceedings”] and— (A) the investigation or proceeding involves a possible violation of criminal law; and (B) there is reason to believe that (i) the subject of the investigation or proceeding is not aware of its pendency, and (ii) disclosure of the existence of the records could reasonably be expected to interfere with enforcement proceedings, the agency may, during only such time as that circumstance continues, treat the records as not subject to the requirements of this section.
(2) Whenever informant records maintained by a criminal law enforcement agency under an informant’s name or personal identifier are requested by a third party according to the informant’s name or personal identifier, the agency may treat the records as not subject to the requirements of this section unless the informant’s status as an informant has been officially confirmed.
(3) Whenever a request is made which involves access to records maintained by the Federal Bureau of Investigation pertaining to foreign intelligence or counterintelligence, or international terrorism, and the existence of the records is classified information as provided in subsection (b)(1), the Bureau may, as long as the existence of the records remains classified information, treat the records as not subject to the requirements of this section.