Can't Let it Go

I wish I could let it go. Things would be so much easier if I didn't take the FBI's no as a challenge. You see in each of the FBI's responses I got a pat response that "neither confirms or denies" that the files I'm looking for are still in existence. Essentially, they just hide behind a bunch of statutes that allow them to do the minimum unless something compels them to do more. Big IMO! I hate saying anything negative about anyone but I'm getting close. All it would take is a "no this file has been destroyed" or a "no this file is still within the FOIA statute of limitations" or anything that lead me to believe that yes they actually did the work in finding out whether the files are still in existence. I don't think there's any one person in the FBI's records division whose sure of what they still have; what went to the Archives; and what's been destroyed. Wait! I may have a contact I can call!!! Just thought of it!!! Actually, you know before I got the Cherryvale file by surprise; I had talked to a lot of different people who gave me no encouragement. Then the file showed up at my door one day with a bill for copying! So maybe this is part of the process? Strange.

Gloves Off

Just got a reply from the FBI on my appeal for information. This time around I got a new response. Evidently, the FBI does not have to affirm or deny that files exist because

1. 1. Affirming or denying that the files exist might provide the requester with insight into Agency internal practices; and
2. 2. the release of such knowledge may provide the requester with information on the techniques and procedures for law enforcement investigations (well duh!).

The injury served with the insult is the last sentence where if I am dissatisfied with the response I may file a law suit in accordance with 5 U.S.C. section 552(a)(4)(B).

Well, what did I expect? Did I honestly believe that getting something from them would be so easy? The only thing easy to get from the FBI are the materials in their reading room which at this point are not files that I am interested in. Why couldn't my interest in the Midwest crime wave have stopped with Dillinger? Truly, I think that basically the FBI has covered it's ass in saying no we are not going to look for the file.

So many things go through my head (I have wicked imagination!) I think the FBI is saying the following in their response to my file request:

1. It's been 70 years women give it a rest! We don't know where those files are and we are way too busy to look. Crime marches on and we are not the F@#% National Archives.
2. How were we supposed to know that our files would be the subject to historical inquiry after the statute of limitations ended! Were we supposed to keep track of where all this &#*!
3. Maybe we destroyed the files, maybe they are gathering mildew in some damp basement, maybe they are in a climate controlled acid free environment where they will remain until the onion skin disintegrates naturally. It doesn't matter we know were the files are and you don't need to know. Because if we told you where the files were or whether they were destroyed you might begin to infer what our internal practices are for keeping matters of historical record. Transparency does not apply to US.
4. God forbid we give you access to files that are 70 or more years old that we haven't carefully screened. Everything we want you to know has been made available to you.

So along with retaking an exam at the end of the month (I flunked Asset Management in December) and handling my confusing personal life I now get to look up legal code sections. It would be easy to say that I'll just give up and find another hobby. Truth of the matter is my ornery nature doesn't allow me to just slink away. Just gonna have to give it another go. Third times the charm.

FBI File Requests

Another person has asked me how I go about requesting FBI case files. So I’d thought I’d post my method which is basically by the book of how the FBI tells you to request files. If you go to http://www.fbi.gov/research.htm it’s an abundant source for doing research with the FBI. If you’re interested in case files, you'll need to make a Freedom of Information Act (FOIA) request. Now the first thing to remember is that if you’re interested in current case files you may be out of luck. Much of that information is still sealed. I have an interest in crimes that occurred in the 1920’s and 1930’s when the FBI was the Bureau of Investigation so it’s easier for me to get records if they still exist and have not been destroyed.

I usually just use the FBI FOIA request form and send it to the field office where the case originates. This is an important point. If you make your FOIA request directly to the headquarters in Washington, DC (FBIHQ) they will search for your records by consulting an FBIHQ list of files they have. The only problem with this is that the more obscure the person or crime you are looking for the less likely they are on the HQ list. If you are looking for information on Dillinger, you will not have a problem (except for getting access to a file that hasn’t been “redacted”). If you contact the field office first, because that’s what the rule says you should do, the field office will send your request to FBIHQ and they will do a more thorough search. I usually write on my request to search all medium available paper files, microfilm, and microfiche. I don’t know if the FBI stores anything on microfiche, but just in case. You can find the field offices on http://www.fbi.gov/contact/fo/fo.htm .

After where to send the initial request, the next most important thing is how to ask for the file. As with any confidential information there are rules as to what available to you. Also, never take for granted that the FBI personnel know your subject. The person involved must be deceased (death is assumed if 100 years have passed since birth). Information about an individual may actually be in a case filed under the crime itself, or the leader of the criminal gang and not the individual’s name. If you have the file number (lucky you), include it. Sometimes I’ve included old newspaper clippings that demonstrate that the FBI was active in investigating the crime. Whatever you have that will help them find your info include.

Now if you’ve included everything and you still get a letter saying that the FBI doesn’t see any reason why they would have ever done an investigation on your subject—DON’T GIVE UP! I always take that letter to mean that they don’t think I’m serious about getting the information. You have the right to appeal so do so. Something tells me that there is some ‘Public Information Officer’ at the Dept. of Justice who got a chuckle when I sent in my appeal for the Cherryvale Bank Robbery file because I said I was appealing because I didn’t think they looked for it hard enough! If you get a letter back saying the files have been destroyed that’s when cussing is allowed. How about going to the National Archives first? Don’t unless you know that the file you want is already there and what it’s filed under and if that’s the case make arrangements for the file to be waiting at the archives for you when you visit so you don’t have any nasty surprises.