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Location: UFOUpDatesList.Com > 2002 > Nov > Nov 5

Freedom-of-Information Appeal - 10-05-02

From: Larry W. Bryant <overtci.nul>
Date: Tue, 05 Nov 2002 18:02:00 -0400
Archived: Tue, 05 Nov 2002 11:53:14 -0400
Subject: Freedom-of-Information Appeal - 10-05-02

TO:  Secretary of the Air Force
     ATTN:  General Counsel
     The Pentagon
     Washington, DC  20330-1000

THROUGH:  Chief, National Guard Bureau
          ATTN:  NGB-SDA (Ms. Rose Bird)
          1411 Jefferson Davis Highway
          Arlington, VA  22202-3231

FROM:  Larry W. Bryant
       3518 Martha Custis Drive
       Alexandria, VA  22302

DATE:  November 5, 2002

Referring to your FOIA staffer Deborah Gilmore's letter to me of
Oct. 25, 2002 (by which she declares her agency's denial of my
FOIA request of July 29, 2002, for access to all records
pertaining to, inter alia, the D.C. Air National Guard's 113th
Wing's jet-interceptor pursuit of a mysterious aerial craft on
July 26, 2002), I hereby appeal that denial via this e-formatted
letter (a signed printout of which I'm snail-mailing to you

My rationale for this appeal follows:

(1)  Nowhere in Ms. Gilmore's letter (whose content I quote in
the postscript below) does she specify the exact nature,
quantity, and (putative) classification (CONFIDENTIAL?  SECRET?
 TOP SECRET?) of the sought-for "documents" forwarded to her by
(presumably) Andrews AFB personnel.  Her failure to provide such
particulars puts me at a disadvantage in contesting her agency's
decision.  For example, how am I to determine whether the
"documents" include a copy of the 113th Wing's standing
operating procedure on "scrambling" interceptors to pursue and
challenge such mysterious craft as the one detected/pursued near
Waldorf, Md., on July 26th?  What's more, how many of the
Andrews-relayed "documents" pertain to detection/intercept
missions other than the Waldorf case; and what are the dates,
locations, principals, and outcomes of those missions?  If you
continue to withhold those particulars from me, please note that
they doubtless will be ordered releasable when this case
proceeds to judicial review.

(2)  Judging from testimony supplied by certain ground-based
witnesses in the Waldorf area, the startling performance
characteristics and aerial profile of the craft pursued on July
26th point to its identity as a classic "unidentifed flying
object" (as reportable via Joint Army-Navy-Air Publication No.
146) -- one whose origin might well be extraterrestrial.  If the
craft exhibited no hostile intent or other dangerous contact,
then the "documents" would have little or no sensitivity, right?
 On the other hand, if the craft exhibited hostility or behaved
in a threatening manner, then your agency's documentation of
that fact, too, should be releasable so as to better prepare the
public for future E.T.-craft encounters.  In other words, this
crucial information on such a worldwide public issue (presumably
contained or referred to somewhere in the contested "documents")
must yield to the FOIA doctrine of segregability:  you must take
full, proper, and prompt steps toward segregating the
nonclassified portions from the classified portions -- and the
classifiable portions from the nonclassifiable ones.  My reading
of Ms. Gilmore's letter tells me that no-one in her agency has
taken this doctrine into account.

(3)  If any of the FOIA-requested records contain confirmation
(or even supposition) that the pursued craft originated from an
E.T. source, then the releasability of that fact must be weighed
in favor of the public interest (not in favor of continued
government-mandated suppression), lest the public be arbitrarily
denied its stakeholdership in the related decision-making
process.  Determining (and publishing) the extent of that
confirmation/supposition could derive some impetus from your
immediate, full declassification and disclosure of all the
germane "classified" documents cited by Ms. Gilmore.

On the possibility that you will sustain Ms. Gilmore's denial in
whole or in part, I'm furnishing a copy of this appeal to my
attorney, Mark S. Zaid of Washington, D.C.

Director, Washington, D.C., Office of
Citizens Against UFO Secrecy

Copies furnished to:

  Chairman, Committee on Government Affairs - U. S. Senate

  Chairman, Committee on the Judiciary - U. S. Senate

  Editor, the Internet website of http://www.ufocity.com

P.S.  Here's the content of Ms. Gilmore's denial letter of Oct. 25th:

"Dear Mr. Bryant:

"The District of Columbia National Guard has forwarded us
documents and your electronic Freedom of Information Act
request, dated 29 July 2002. You are seeking information
pertaining to the 113th Wing's jet-interceptor pursuit of a
mysterious aerial craft on 26 July 2002. Additionally, you seek
records pertaining to all other such detection/intercept
missions conducted by the 113th Wing during the past 12 months.

"We have finalized your request (case 02-138).  We have reviewed
the documents and have determined the information should be
withheld in its entirety.  The information is considered
classified as it pertains to a military plan or operation.  The
authority for this exemption is found in the Freedom of
Information Act, Title 5, U.S.C. Sec 552(b)(1).

"This announces a decision on behalf of Major General Raymond F.
Rees, U. S. Army, Acting Chief, National Guard Bureau, who is
the Initial Denial Authority for all Army and Air National Guard
Freedom of Information Act requests.

"The decision to withhold release of this information may be
appealed in writing to the Secretary of the Air Force.  Any
appeal should include the reasons for reconsideration, a copy of
this letter, and should be postmarked no later than 60 days from
the date of this letter.  Please address any appeal through
Chief, National Guard Bureau, NGB-SDA (Ms. Rose Bird), 1411
Jefferson Davis Highway, Arlington, VA  22202-3231 to the
Secretary of the Air Force.

"If you have any questions, please call Ms. Rose Bird at (703)

"Sincerely, Deborah Gilmore (Chief, Support Services Division
[of the
National Guard Bureau])"

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