Saturday, June 12, 2010

Andy Martin renews demand for Mark Kirk’s complete military records 2010

Andy Martin’s 2010 demands for U. S. Navy disclosure of Mark Kirk’s military files

ANDY MARTIN
Republican for U. S. Senator/2010
“He Works for the People of Illinois”
FOIA Compliance Operations:
P. O. Box 1851
New York, NY 10150-1851
Toll-free tel. (866) 706-ANDY
Toll-free fax (866) 707-ANDY
Web site: http://www.AndyforUSSenator.com
E-mail: AndyforUSSenator@aol.com


Please donate:

www.AndyforUSSenator.com


Blogs:

www.AndyforUSSenator.com
www.AndyforUSSenator.blogspot.com
www.AndyforUSSenator.wordpress.com

www.MarkKirk.us




June 9, 2010




FOIA
CIA
Washington, DC 20505
via fax (703) 482-1739


FREEDOM OF INFORMATION (“FOIA”) REQUEST
CONCERNING CONGRESSMAN MARK KIRK



1. FOIA Request

Mark Kirk has recently been exposed as the greatest military intelligence fibber of all time. See, e.g.:

http://www.msnbc.msn.com/id/26315908/ns/msnbc_tv-rachel_maddow_show/#37563940

Kirk also claims he was “detailed to the CIA”:

http://ellenofthetenth.blogspot.com/2010/06/misrememberances-and-exaggerations-week.html

I have no idea whether Kirk was/is telling the truth about his detailing to the CIA. “Detail” to me means assigned in some form or fashion. While any substantive intelligence Kirk may have acted on may be privileged, or subject to a “Vaughn” Index, the fact of Kirk’s activity in conjunction with the CIA is not privileged. There should be a substantial paper trail if Kirk was in fact “detailed.”

In view of Kirk’s other lies and defalcations, I ask the CIA to immediately disclose any documentation for Kirk’s claims that he was “detailed to the CIA.”

In addition, any contacts Kirk or his congressional office may have had with the CIA are also not privileged.

I respectfully request full FOIA compliance and disclosure and a detailed Vaughn Index for any claims of non-disclosure.

2. Time is of the essence

Time is obviously of the essence. I would therefore ask that the agency proceed expeditiously with this matter.

Thank you for your prompt response to this FOIA request. I will do my best to cooperate with you.

Respectfully submitted,



ANDY MARTIN

AM:sp
W/attachment (Cong. Rec.)

----------------------------------------------------------
ANDY MARTIN
Republican for U. S. Senator/2010
“He Works for the People of Illinois”
FOIA Compliance Operations:
P. O. Box 1851
New York, NY 10150-1851
Toll-free tel. (866) 706-ANDY
Toll-free fax (866) 707-ANDY
Web site: http://www.AndyforUSSenator.com
E-mail: AndyforUSSenator@aol.com


Please donate:

www.AndyforUSSenator.com


Blogs:

www.AndyforUSSenator.com
www.AndyforUSSenator.blogspot.com
www.AndyforUSSenator.wordpress.com

www.MarkKirk.us




June 9, 2010



Mr. David Martinez
DOD Office of Freedom of Information
The Pentagon
Washington, DC 20301-1155
via fax (to come)

with copies to:

Office of the Chief of Naval Operations
DNS-36
2000 Navy Pentagon
Washington, DC 20350-2000
via fax (to come?)

U. S. Central Command
CCJ6-DM (FOIA)
7115 South Boundary Boulevard
McDill Air Force Base, FL 33612-5510
via fax (to come?)
Department of the Air Force
HAF/ICIOD (FOIA)
1000 Air Force Pentagon
Washington, DC 20330-1000
via fax (to come?)

Commandant of the Marine Corps (ARSE)
Headquarters USMC
2 Navy Annex
Washington, DC 20380-1775,
via fax (to come?)


FREEDOM OF INFORMATION (“FOIA”) REQUEST
CONCERNING CONGRESSMAN MARK KIRK


Dear Mr. Martinez,
Office of CNO, DNS-36,
Department of the Air Force HAF/ICIOD (FOIA),
Commandant of the Marine Corps (ARSE), and
U. S. Central Command CCJ6-DM (FOIA):

By this letter, I am responding to you as well as resubmitting my original FOIA request last year to the Chief of Naval Operations, USAF, CMC and U. S. Central Command per our earlier correspondence.

Mark Kirk has recently become the biggest liar in American military history. It is time for the Navy Department, DOD and USAF to stop the cover-up and concealment of Kirk’s records and provide ALL of Kirk's service records.

In particular, Kirk has claimed he was “detailed to the CIA” (see attached). I would like you to release all of Kirk’s CIA file that reflects “detailing” from the navy to the CIA, if any, as well as any and all Kirk files that were previously denied disclosure and withheld in 2009.

THE KIRK SCANDAL IS A MAJOR EMBARRASSMENT TO DOD AND IT IS NOT GOING AWAY.

KIRK HAS BEEN MASQUERADING FOR YEARS AND DOD DID NOTHING TO STOP HIS SHENANIGANS

Last year you tried to obstruct my FOIA requests. Recently, Navy people have also “warned” Kirk the media were seeking FOIA access to his records.

Do you have fax numbers or e-mail addresses for the Navy Department, USAF, CMS and CENTCOM? If so, I would appreciate it if you would provide them to me so I may expedite my request to those subdivisions of DOD with a fax or e-mail.

Here are my responses to the specific questions you previously provided:

1. Scope of Search – CIA vs. DOD vs. CNO vs. USAF vs. CMC vs. CENTCOM

While your DOD search may be limited to nine years, the CNO and Marine Corps FOIA searches would have to extend to the time Mr. Kirk has served in the Navy, or approximately 20 years. Unlike the USAF, CENTCOM or DOD, Navy/CMC records clearly go back further to his original date of service.

Your letter did not mention any offices which are run by DOD for congressional liaison. Does your research include a search of these records as well?

2. Cost of FOIA searches (all agencies listed above)

a. Request for FOIA cost waiver

Mr. Kirk is a candidate for United states Senator. He has prominently and repeatedly claimed his military service as a basis for his election. He has repeatedly staged brief periods of “activation” and used these “activations” to promote his political activity.

Last week Kirk was involved in a political fracas (in which I had no role and only learned about from the media, but whose disclosure is clearly encompassed within my FOIA request) for abusing secrecy at the Pentagon, apparently during another “activation.” I believe a public interest FOIA waiver is therefore fully applicable to any search costs at any and all of the above agencies.

b. Agreement to pay costs

Your request that I agree to an amount in advance that I am willing to pay to obtain FOIA access contradicts my understanding of how FOIA works. My understanding, based on decades of my own FOIA litigation and searches, is that you provide a preliminary estimate of the cost of the file search, and I can then elect to proceed. By asking me what I can afford to pay in advance, you are essentially putting the cart before the horse.

We are dealing here with important public records concerning a candidate for the U. S. Senate, who claims to be the "only congressman mobilized in harm's way since World war II." Therefore, the Navy Department, USAF, Marine Corps, CENTCOM and DOD have de facto become a part of Kirk’s campaign by virtue of his actions, not mine.

I do not expect the FOIA costs to be significant, because the records cannot be that voluminous. Moreover, DOD and its sub-agencies are known for keeping good files on congressional liaison, so the information I seek is clearly encompassed in some master or easily retrievable location(s). I don’t expect you to have to search very hard or very long for files on a sitting congressman who has constantly interfaced with DOD and the additional agencies listed above as recently as last week.

Let’s not be disingenuous about this FOIA request.

Please provide preliminary estimates of the cost. This is directed at all of the above agencies.

3. Presidential directive

My understanding is that President Obama has tasked all executive departments, including CNO, USAF, Marine Corps, CENTCOM and DOD with expansive, expeditious and good faith compliance with FOIA. My request is fully compliant with the President’s directive.

4. Time is of the essence

Time is obviously of the essence. I would therefore ask that all of the above agencies proceed expeditiously with this matter.

Thank you for your prompt response to this FOIA request. I will do my best to cooperate with you.

Respectfully submitted,



ANDY MARTIN

AM:sp

W/encl. to CNO, USAF, CMC and CENTCOM
(copy of original FOIA letter)

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