FBI Hardy December 8, 2006

First posted
Thursday December 14, 2006 15:43
Updated
Thursday January 18, 2007 06:12

Received Tuesday January 16, 2007.





Wednesday December 20, 2006 13:21

http://www.prosefights.org/nmlegal/fbifoia/fbiletter3/letter.htm#codirector

Email via julia.eichhorst@ic.fbi.gov and certified return receipt requested mail

FOIA/PA APPEAL
Request No.: 1061444- 000


Co-Director
Office of Information and Privacy
United States Department of Justice
1425 New York Ave, N.W.
Suite 11050
Washington, D.C., 20530-0001

Dear Co-Director:

David M Hardy wrote on December 6, 2006

This is in response to a referral received from Department of Justice, Civil Division, totaling 63 pages, requesting the Federal Bureau of Investigation to review the information for classification and disclosure determination and respond directly to you.

The original request for FOIA/PA documents was made in 1996. The FBI decided not to comply with the rules of the FOIA/PA and give me responsive documents.

Department of Justice lawyer James Kovakas blew the whistle on the FBI by informing me on November 30, 2005 that the FBI was in non-compliance of my request by not sending me documents requested in 1996.

Hardy writes

Of the 63 pages, one page was duplicate to the page being released to you and 61 pages were court records, removed per your instructions in your original request to National Security Agency, instructing them to exclude all court motions, pleadings, official court records, and documents you authored. Part of the information in the document being released to you is being withheld pursuant to subsections(s) (b)(2), (b)(6), (b)(7)(C), of Title 5, United States Code, Section 5521552a. See the enclosed form for an explanation of these exemptions.

Hardy attempts to create the appearance that documents referenced by Kovakas are those I already have and removed in my 1996 request. This may be either true or false.

However, Hardy released a January 28, 1993 previously SECRET letter, declassified on December 6, 2006, authored by FBI Assistant Director in charge, Intelligence Division Wayne R Gilbert which points to other documents responsive to my 1996 FOIA/PA request to the FBI but not released.

FOIA exemption (b)(7)( B ) states "would deprive a person of a right to a fair trial or an impartial adjudication"

Withholding documents associated with Gilbert's letter deprives me both of an impartial adjudication and right to a fair trial.

Hardy wrote

You may appeal any denials by writing to the Co-Director, Office of Information and Privacy, United States Department of Justice, 1425 New York Aye, N.W., Suite 11050, Washington, D.C., 20530-0001, within sixty days from the date of this letter. The envelope and the letter should be clearly marked Freedom of Information Appeal' or "Information Appeal." Please cite the FOIPA number assigned to your request so that it may easily be identified.

This eletter/letter is the appeal.

Since it appears from Gilbert's recently declassified that Sandia National Laboratories, the FBI, NSA and DOE deliberately withheld documents responsive to my FOIA/PA requests under the veil of classification.

In addition I have been libeled from distributing the false and defaming documents seen at http://www.prosefights.org/nmlegal/supremecourt/cvpa.htm#gallegos.

Sandia National Laboratories denied that the above documents on me given to Richard Gallegos existed. Charges made by the Disciplinary Review Committee are false. The Disciplinary Review Committee never contacted me to confront the charges which is required by law.

Specifically, I did not send three documents to a Japanese professor. I sent only my unclassified data authenticator report with approval of Sandia National Laboratories classification officer Bruce Green and a draft of an algorithm for computing Euler's phi function without factoring which proved to computationally infeasible.

I did not send the Japanese professor a copy of my public key tutorial as was discovered by lawyer Friedman during discovery. So I want an opportunity to see the documents passed between Sandia National Laboratories and the National Security Agency to request correction if I find factual errors.

We feel that prompt corrective action must be taken to bring settlement, one way or the other, to this unfortunate fourteen and one half year matter.

Here are the corrective actions
1 All classified documents possessed by Sandia labs, FBI, DOE, and NSA containing my name related to Wayne R Gilbert's January 28, 1993 letter are subjected to a mandatory declassification review.

2 I want copies of all documents forwarded by Sandia Labs to the FBI and DOE.

3 I want copies of all documents the FBI supervisory special agent, identified by red dot,



sent to Gilbert.

5 I want copies of all documents Gilbert sent to NSA.

6 I want copies of all documents NSA sent to the FBI and DOE.

7 I want copies of all documents the FBI sent to Sandia labs and the FBI Albuquerque office.

8 I want an unredacted copy of the Gilbert letter.

9 Note that both Gilbert's and Baker's name are not redacted so Supervisor Special Agent identified by red dot should not be redacted. Besides Supervisory Special Agent is personally involved in New Mexico criminal defamation. Exemptions included with Hardy's letter do not apply.

10 Items 1-9 shall be completed within the 20 working days specified by FOIA/PA rule starting today with email receipt of this appeal to send me ALL DOCMENTS THAT HAVE MY NAME ON THEM. This is January 19, 2006.

I have a right to review and request corrections to these documents.

We have always sought settlement of these unfortunate matters.

After this date we will take formal pro se legal action in the UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA to obtain documents identified in items 1-9 above.

Gilbert's letter creates the appearance that some people at Sandia National Laboratories, probably James Gosler and Harold Folley from documents sent to me by FOJ lawyer Kovakas from NSA, gave my tech report, the draft paper, and public key tutorial to the supervisory special agent [see red dot in Gilbert letter].

The FBI supervisory special agent was told that these contained "sensitive information."

The supervisory special agent then forwarded the documents to Gilbert. Gilbert then sent the documents to NSA for evaluation. Presumably NSA returned its assessment to the FBI.

Nothing was ever said or done to me. Conclusion is that Gosler and Folley gave false information to the supervisory special agent.

All three documents contained unclassified and were subsequently posted on Internet at http://cryptome.org/.

We continue to believe that prompt settlement of these unfortunate matters should be promptly settled before they get far worse.

Sincerely


William H Payne
13015 Calle De Sandias NE
Albuquerque, NM 87111

Distribution

Ms Eichhorst, please forward by email
Nancy Steward, FBI
Viola Brown, FBI
Robert S. Mueller, FBI

Alberto Gonzales
E-mails to the Department of Justice, including the Attorney General, may be sent to AskDOJ@usdoj.gov

Keith Alexander via Pamela N Phillips at foialo@nsa.gov

bill.leonard@nara.gov
iscap@nara.gov
william.bosanko@nara.gov

jim.kovakas@usdoj.gov
Jean.Kornblut@usdoj.gov

thomas.depriest@hq.doe.gov
george.breznay@hq.doe.gov
foiofficer@doeal.gov

webmaster@sandia.gov

Sensenbrenner@mail.house.gov
arlen_specter@specter.senate.gov

----- Original Message -----
From: bill payne
To: julia.eichhorst@ic.fbi.gov
Cc: art morales ; arlen_specter@specter.senate.gov ; Sensenbrenner ; webmaster@sandia.gov ; foiofficer@doeal.gov ; Breznay, George ; thomas.depriest@hq.doe.gov ; Jean.Kornblut@usdoj.gov ; Jim.Kovakas@usdoj.gov ; William Bosanko ; iscap@nara.gov ; bill.leonard@nara.gov ; foialo@nsa.gov ; AskDOJ@usdoj.gov
Sent: Wednesday, December 20, 2006 2:49 PM
Subject: FOIA/PA APPEAL Request No.: 1061444- 000

Ms Eichhorst

Please forward to the co-director.

Sandia webmaster

Please forward this to Tom Hunter

Thank's in advance.
bill payne

----- Original Message -----
From: ASKDOJ
To: bill payne
Sent: Wednesday, December 20, 2006 1:49 PM
Subject: RE: FOIA/PA APPEAL Request No.: 1061444- 000

Thank you for contacting the Department of Justice. This is an automatic acknowledgement that your e-mail was received. It will be reviewed in the order it was received.



Unsigned green card received Friday December 29, 2006.





U.S. Department of Justice

Federal Bureau of Investigation

Washington, DC. 20535

December 8, 2006

MR WILLIAM H PAYNE
3015 CALLE DE SANDIAS, NE
ALBUQUERQUE, NM 87111

Request No.: 1061444- 000
Subject: PAYNE, WILLIAM H

Dear Mr. Payne:

This is in response to a referral received from Department of Justice, Civil Division, totaling 63 pages, requesting the Federal Bureau of Investigation to review the information for classification and disclosure determination and respond directly to you.

Of the 63 pages, one page was duplicate to the page being released to you and 61 pages were court records, removed per your instructions in your original request to National Security Agency, instructing them to exclude all court motions, pleadings, official court records, and documents you authored. Part of the information in the document being released to you is being witheld pursuant to subsections(s) (b)(2), (b)(6), (b)(7)(C), of Title 5, United States Code, Section 5521552a. See the enclosed form for an explanation of these exemptions.

You may appeal any denials by writing to the Co-Director, Office of Information and Privacy, United States Department of Justice, 1425 New York Aye, N.W., Suite 11050, Washington, D.C., 20530-0001, within sixty days from the date of this letter. The envelope and the letter should be clearly marked Freedom of Information Appeal' or "Information Appeal." Please cite the FOIPA number assigned to your request so that it may easily be identified.

Sincerely yours,

David M. Hardy
Section Chief
Record/Information
Dissemination Section
Records Management Division


EXPLANATION OF EXEMPTIONS

SUBSECTIONS OF TITLE 5, UNITED STATES CODE, SECTION 552

(b)( I) (A) specifically authorized under criteria established by an Executive order to be kept secret in the interest of national defense or foreign policy and (B) are in fact properly classified to such Executive order;

(b)(2) related solely to the internal personnel rules and practices of an agency;

(b)(3) specifically exempted from disclosure by statute (other than section 552b of this title), provided that such statute(A) requires that the matters be withheld from the public in such a manner as to leave no discretion on issue, or (B) establishes particular criteria for withholding or refers to particular types of matters to be withheld;

(b)(4) trade secrets and commercial or financial information obtained from a person and privileged or confidential;

(b)(5) inter-agency or intra-agency memorandums or letters which would not be available by law to a party other than an agency in litigation with the agency;

(b)(6) personnel and medical files and similar files the disclosure of which would constitute a clearly unwarranted invasion of personal privacy;

(b)(7) 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 be reasonably be expected to interfere with enforcement proceedings, ( B ) would deprive a person of a right to a fair trial or an impartial adjudication, ( C ) could be reasonably expected to constitute an unwarranted invasion of personal privacy, ( D ) could reasonably be expected to disclose the identity of confidential source, including a State, local, or foreign agency or authority or any private institution which furnished information on a confidential basis, and, in the case of record or information compiled by a criminal law enforcement authority in the course of a criminal investigation, or by an agency conducting a lawful national security intelligence investigation, information furnished by a confidential source, ( E ) would disclose techniques and procedures for law enforcement investigations or prosecutions, or would disclose guidelines for law enforcement investigations or prosecutions if such disclosure could reasonably be expected to risk circumvention of the law, or ( F ) could reasonably be expected to endanger the life or physical safety of any individual;

(b)(8) contained in or related to examination, operating, or condition reports prepared by, on behalf of, or for the use of an agency responsible for the regulation or supervision of financial institutions; or

(b)(9) geological and geophysical information and data, including maps, concerning wells.

SUBSECTIONS OF TITLE 5, UNITED STATES CODE, SECTION 552a

(d)(5) information compiled in reasonable anticipation of a civil action proceeding;

(j)(2) material reporting investigative efforts pertaining to the enforcement of criminal law including efforts to prevent, control, or reduce crime or apprehend criminals;

(k)( I) information which is currently and properly classified pursuant to an Executive order in the interest of the national defense or foreign policy, for example, information involving intelligence sources or methods;

(k)(2) investigatory material compiled for law enforcement purposes, other than criminal, which did not result in loss of a right, benefit or privilege under Federal programs, or which would identify a source who furnished information pursuant to a promise that his/her identity would be held in confidence;

(k)(3) material maintained in connection with providing protective services to the President of the United States or any other individual pursuant to the authority of Title 18, United States Code, Section 3056;

(k)(4) required by statute to be maintained and used solely as statistical records;

(k)(5) investigatory material compiled solely for the purpose of determining suitability, eligibility, or qualifications for Federal civilian employment or for access to classified information, the disclosure of which would reveal the identity of the person who furnished information pursuant to a promise that his/her identity would be held in confidence;

(k)(6) testing or examination material used to determine individual qualifications for appointment or promotion in Federal Government service the release of which would compromise the testing or examination process;

(k)(7) material used to determine potential for promotion in the armed services, the disclosure of which would reveal the identity of the person who furnished the material pursuant to a promise that his/her identity would be held in confidence.

U.S. Department of Justice

Federal Bureau of Investigation

Washingon, DC 20535

By LIAISON

Date: January 28, l993

DECLASSIFIED BY 33542/UCRER/DK/sb ON 12-08-2006

To: Director
National Security Agency
Fort George G. Keade, Maryland

Attention: Stewart A. Baker
General Counsel

From: Wayne R. Gilbert
Assistant Director in Charge
Intelligence Division

Subject: William H. Payne

This communication is classified "SECRET" in its entirety.

For your information, William H. Payne was dismi:sed in July 1992, from Sandia National Laboratories in Albuquerque, New Mexico. This dismissal was for violation of Sandia's internal policies regarding communications with foreign nationals regarding his work at the Laboratory.

Payne is currently filing a civil lawsuit concerning his dismissal. In his complaint, he disclosed classified information relating to your Agency.

You are requested to conduct a classification review of the enclosed material and provice the results to Supervisory Special Agent [ ] J. Edgar Hoover Building, Room 4226. If you have any questions, please contact [ ]on [ ] []

Classified by: G-3
Declasssify on OAD8
SECRET

[ ] ? Security Section