THIS POST IS FOR ANYONE WHO IS A VICTIM OF GOVERNMENT WEAPONIZATION: J63RS, WHISTLEBLOWERS, PEOPLE OPPOSING COVID-19 MANDATES, PARENTS PROTESTING AT SCHOOL BOARD MEETINGS, MAGA ACTIVISTS, AND MORE....
The Privacy Act, 5 U.S.C. Sec. 552a(5) that forms part of the Freedom of Information Act provides that the agency has to search for the records requested by an individual in the agency’s “system of records” that is defined as follows:
“(5) the term “system of records” means a group of any records under the control of any agency from which information is retrieved by the name of the individual or by some identifying number, symbol, or other identifying particular assigned to the individual;”
The Privacy Act gives YOU the RIGHT to inspect YOUR records in possession of the agency. A right that the FBI and DHS have been grossly violating pursuant to 5 U.S.C. 552(d) that provides as follows:
(d) Access to Records.—Each agency that maintains a system of records shall—
(1) upon request by any individual to gain access to his record or to any information pertaining to him which is contained in the system, permit him and upon his request, a person of his own choosing to accompany him, to review the record and have a copy made of all or any portion thereof in a form comprehensible to him, except that the agency may require the individual to furnish a written statement authorizing discussion of that individual’s record in the accompanying person’s presence;…
We know that both the Federal Bureau of Investigation (FBI) and the Department of Homeland Security (DHS) have made a mockery of the Act, a “catch me if you can” exercise of the statutory mandate set forth above.
However, today we have a bright, new opportunity to demand access to our information in possession of these agencies. Read on…
WHAT HAS CHANGED?
During the past ten months, we have witnessed as the layers of the Deep State government corruption onion have been peeled off. Particularly those at the FBI where the crooked former head of its FOIA office, Michael Seidel, stopped working there after his corruption was exposed, hiding of Seth Rich’s laptop image in a case pending before the Northern District of Texas. Even though Seidel’s loyal Deep State minions still obstruct the production of personal records at the FBI, recent events have provided us with compelling evidence that should persuade them to comply with the law.
One of the most significant events for our community’s quest to expose and shut down the illegal “Program” was the revelation by Senator Chuck Grassley of the “Prohibited” and “Restricted” access files within the FBI’s Sentinel System.
Public officials such as Department of Justice Deputy Director and Head of the “weaponization working group”, Edward Martin, expressed concern over the constitutional and statutory violations these revelations entail. In the context of criminal defendants, these files may have resulted in the withholding of constitutionally-mandated Brady material in possession of the FBI, violating defendants’ Due Process rights. Under the Supreme Court’s ruling in Brady v. Maryland (1963), the prosecution must disclose any evidence that is favorable to the defense and material to guilt or punishment. Deliberately restricting access to such files could violate a defendant’s constitutional right to due process and a fair trial.
Furthermore, in the FOIA/Privacy Act context, the declassified documents prove that requests under the Act may not have been replied to pursuant to the law because the official fulfilling the request either did not get a hit for the documents in the “Prohibited Access” files or did not have the security clearance to access any hit from the “Restricted Access” files.
It has been reported that the Department of Homeland security has a parallel set of hidden files that were excluded from any record search under FOIA.
WHAT THIS MEANS FOR US IS THAT ALL THE FOIA/PIVACY ACT REQUESTS THAT THESE AGENCIES HAVE REPLIED TO WITH A “WE CANNOT CONFIRM OR DENY” OR A BLANKET DENIAL WERE IN GROSS VIOLATION OF THE ACT.
Given the recent revelations about the hidden files, we need to compel that FBI and DHS to cough up your records hidden in their “Prohibited Access” and “Restricted Access” files. After all, the Freedom of Information Act did not grant any agency the authority to decide where to look for records. It only allowed them to invoke certain clearly-defined exemptions to the production of records, none of which include the hiding of government corruption or malfeasance.
The Supreme Court’s reversal of the Chevron rule in Loper Bright Enterprises v. Raimondo substantially curtailed the power of federal agencies to interpret the laws they administer, making it harder for the agency to justify its self-serving interpretation of the FOIA, inventing language that does not exist in the Act and disregarding the explicit one that does.
YOU CAN CARRY OUT A POWERFUL ACT TODAY GEARED AT EXPOSING AND SHUTTING DOWN THE PROGRAM: FILE A PRIVACY ACT REQUEST.
I am asking that each one of you to get a copy of all the files that the agencies have on you, starting with the nomination form used to obliterate your life. Please share this post with anyone that has been a victim of this program.
Your rights to challenge a reply to your Privacy Act request expire within two years. Since you did not know about the recent declassified documents exposing the hidden records categories, it is best you send it again with the language demanding searches in those record systems.
This effort does not require much from you, and can unleash powerful results. I dare say that it could even shut down the program.
First, even if you already filed one, you need to file a NEW Privacy Act with both agencies — FBI and DHS.
These are the online links:
FBI: https://efoia.fbi.gov/#home
(You need to make a screen shot of each page so that you have a record of your request because the page does not give you the option to print a pdf of it at the end)
or you can alternatively send it by (tracked) mail to:
FOIA/PA Mail Referral Unit, Justice Management Division, Department of Justice, 950 Pennsylvania Avenue NW, Washington, DC 20530-0001;
or via email to [email protected],;
or via fax to (202) 616-6695.
DHS requires that you undergo a complicated “Authentication” process to use the online portal through this link: https://www.securerelease.us/account-page/sign-in/ that is required before you can file your request.
I thus recommend that you instead send your Privacy Act request to DHS here: E-mail: [email protected]
Or by (tracked) mail:
Privacy Office, Mail Stop 0655
Department of Homeland Security
2707 Martin Luther King Jr. AVE SE
Washington, DC 20528-065
Phone: 202-343-1743 or 866-431-0486
In your request, I recommend that you specifically include language such as this:
(FBI example)
“Executive Order 13526 provides that the agency cannot classify a document or prevent producing it to hide agency malfeasance.
I specifically request that you include in your search all files in the illegally hidden “Restricted Files” and “Prohibited Access” files within the Sentinel system, as exposed by the Senate Judiciary Committee. I specifically request that you abstain from the illegal practice implemented at the FBI by former director Michael Seidel of obstructing the production of records included in the “Prohibited” and “Restricted” access files within the agency’s Sentinel System.
FOIA does not allow the agency to determine which records to search. Compliance with FOIA demands a search of ALL agency records. It is a violation of the FOIA to limit your search to the agency’s “Central Records System” and exclude the entire agency records, including Sentinel. The FOIA only provides for the use of statutorily recognized exemptions to the production of documents, none of which is to hide agency malfeasance or corruption.”
(“…or DHS’ counterpart of the FBI “Prohibited” and “Restricted” access files.”)
You can check out Targeted Justice’s sample Privacy Act request here.
(If you want assistance writing your Privacy Act requests, I recommend retaining Jill Amack’s professional editing services. You can reach her at [email protected].)
Second: When you receive an acknowledgment of your request, save it in various places off the computer. Print it too. If you are so inclined, send me the acknowledgment at [email protected].
We need to flood bot agencies with our requests, forcing them to produce the records ON YOU.
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I already sent mine in June of this year. The FBI acknowledged my request stating that my request is in the “perfected backlog” concocted by the agency devoid of authorization to do so, in open violation of the 20-day statutory mandate for replying.
Let’s get the ball rolling. In a month, we should have enough requests and responses or lack thereof to commence a meaningful legal effort to force disclosure by the usual suspects.
With all the exposure happening every day, I am certain we can force the exposure of the raison d’etre of the “Prohibited Access” and “Restricted Access” files: to hold all the records about the illegal, diabolical program that start with the nomination at the FBI.
Let’s finish off the exposure of the Deep State criminality at the FBI so it can start anew.
Let’s do this!
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