So, it looks like my requests will be heading to litigation in June. Complaints will be:
COUNT 1
Violation of 5 U.S.C § 552 for failure to produce 13 NIT Reports
Cottom hereby incorporates by reference all proceeding paragraphs in this complaint. By letter dated December 21, 2022; Cottom’s request for the NIT Reports was denied by the Defendant and in clear violation of FOIA law.
Mr. Hurd (in his role as administrative arbiter) declared that the the Defendant’s illegal response was “appropriate”. Therefore, with regards to COUNT 1, Cottom has exhausted his administrative remedies and is entitled to receive all responsive non-exempt documents from the Defendant immediately.
COUNT 2
Violation of 5 U.S.C § 552 for failure to produce Keith A. Becker’s communications. (Operation Torpedo & Operation Pacifier)
Cottom hereby incorporates by reference all proceeding paragraphs in this complaint. By letter dated February 1, 2023; Cottom requested documents from the FOIA/PA Unit – Department of Justice – Room 803, Keeney Building Washington, DC 20530-001.
To date, the DOJ has refused to acknowledge Cottom’s legally binding request for all correspondence (formal and informal) from DOJ Attorney Keith A. Becker (“Becker”) to FBI Special Agents, Foreign Law Enforcement Agents, Prosecution & Defense Attorneys and Prosecution & Defense Experts, regarding the Becker’s Operation Torpedo (2012 to 2015) & Operation Pacifier (2015 to 2018). In other words, it is indisputable that the DOJ is in possession of the requested correspondence and is legally required to acknowledge and answer the request.
Therefore, with regards to COUNT 2, Cottom has exhausted his administrative remedies and is entitled to receive all responsive non-exempt documents from the Defendant immediately.