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One month after being sued under the Freedom of Information Act (FOIA), the Secret Service has officially acknowledged that it possesses "information relating to the breakup of a meeting of individuals at the Pentagon City Mall in Arlington, Virginia." The admission, contained in a letter to Computer Professionals for Social Responsibility (CPSR), confirms widespread suspicions that the agency played a role in the detention and search of individuals affiliated with "2600" Magazine at the suburban Washington mall on November 6, 1992.
CPSR filed suit against the Secret Service on February 4 after the agency failed to respond to the organization's FOIA request within the statutory time limit. In its recent response, the Secret Service released copies of three news clippings concerning the Pentagon City incident but withheld other information "because the documents in the requested file contain information compiled for law enforcement purposes." While the agency asserts that it possesses no "documentation created by the Secret Service chronicling, reporting, or describing the breakup of the meeting," it does admit to possessing "information provided to the Secret Service by a confidential source which is information relating to the breakup of [the] meeting." Federal agencies classify other law enforcement agencies and corporate entities, as well as individuals, as "confidential sources."
The propriety of the Secret Service's decision to withhold the material will be determined in CPSR's pending federal lawsuit. A copy of the agency's letter is reprinted below.
David L. Sobel dsobel@washofc.cpsr.org Legal Counsel CPSR Washington Office ************************************************ DEPARTMENT OF THE TREASURY UNITED STATES SECRET SERVICE MAR 5 1993 920508
David L. Sobel
Legal Counsel
Computer Professionals for
Social Responsibility
666 Pennsylvania Avenue, S.E.
Suite 303
Washington, D.C. 20003
Dear Mr. Sobel:
This is in response to your Freedom of Information Act (FOIA) request for access to "copies of all records related to the breakup of a meeting of individuals affiliated with "2600 Magazine" at the Pentagon City Mall in Arlington, Virginia on November 6, 1992."
Enclosed, please find copies of materials which are responsive to your request and are being released to you in their entirety.
Other information has been withheld because the documents in the requested file contain information compiled for law enforcement purposes. Pursuant to Title 5, United States Code, Section 552(b)(7)(A); (C); and (D), the information has been exempted since disclosure could reasonably be expected to interfere with enforcement proceedings; could reasonably be expected to constitute an unwarranted invasion of personal privacy to other persons; and could reasonably be expected to disclose the identity of a confidential source and/or information furnished by a confidential source. The citations of the above exemptions are not to be construed as the only exemptions that are available under the Freedom of Information Act.
In regard to this matter it is, however, noted that your FOIA request is somewhat vague and very broadly written. Please be advised, that the information being withheld consists of information provided to the Secret Service by a confidential source which is information relating to the breakup of a meeting of individuals at the Pentagon City Mall in Arlington, Virginia, and, therefore, appears to be responsive to your request as it was written. If, however, the information you are seeking is information concerning the Secret Service's involvement in the breakup of this meeting, such as any type of documentation created by the Secret service chronicling, reporting, or describing the breakup of the meeting, please be advised that no such information exists.
If you disagree with our determination, you have the right of administrative appeal within 35 days by writing to Freedom of Information Appeal, Deputy Director, U. S. Secret Service, 1800 G Street, N.W., Washington, D.C. 20223. If you choose to file an administrative appeal, please explain the basis of your appeal.
Sincerely, /Sig/ Melvin E. Laska ATSAIC Freedom of Information & Privacy Acts Officer Enclosure