Carmen L. Mallon, Chief of Staff, replied in a letter, dated 7-29-08, on behalf of the DOJ's Office of Information and Privacy (OIP) to my 4-22-08 FOIA/PA request, which sought copies of all my closed appeal files. If you remember from my previous posts, the FBI denied having any records related to me; consequently, the respective appeal officers ruled my appeals are "moot" and dismissed them. Mallon wrote that a search in OIP located 36 documents responsive to my request and determined that 14 are appropriate for release without excision. However, none of these "appropriate" documents contained my FOI/PA requests, which I attached to my original appeals. Mallon enclosed one document deemed appropriate for release, but with an excision made pursuant to Exemption 6 of the FOIA, 5 USC, Sec. 552(b)(6). Mallon also withheld 5 documents pursuant to Exemption 5, 5 USC, Sec. 552(b)(5), pertaining to inter-and intra-agency communications. Mallon referred the remaining 16 documents back to Hardy at the FBI for processing and direct response to me. I still haven't heard from the FBI regarding these documents.

In an earlier letter, dated 7-7-08 (responding to another appeal), Janice Galli McLeod. OIP Associate Director, wrote:
After carefully considering your appeal, and as a result of discussions between FBI personnel and a member of my staff, the FBI conducted a further search and located records responsive to your request. Accordingly, I am remanding your request for processing of the responsive records.
The FBI lied in their responses to my earlier FOI/PA requests and still haven't supplied these responsive records. McLeod wrote that I can sue them (per 5 USC, Sec. 552(a)(4)(B))if I'm unhappy with her action on my appeal.

In response to earlier FOI/PA requests to the DOJ'S OIG requesting files pertaining to two complaints (one under the Patriot Act) charging FBI employees with official misconduct, the DOJ replied that they don't have any copies of my complaints. Since the FBI denied receiving EXPRESS MAIL, which FBI personnel signed to receive, I faxed one of my complaints and filed the other via email. The DOJ OIG has excellent internal controls to keep track of their faxes and emails. Realize that the DOJ's Office of Inspector General is responsible for the ethics and integrity of DOJ employees.

Joe