Andy Martin’s original 2009 demands for Mark Kirk’s military files
ANDY MARTIN
Republican for U. S. Senator/2010
“He Works for the People of Illinois”
Suite 4406, 30 E. Huron Street
Chicago, IL 60611-4723
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:
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www.AndyforUSSenator.blogspot.com
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www.MarkKirk.us
August 1, 2009
Honorable Robert Gates
Secretary of Defense
The Pentagon
Washington, DC 20301
via Certified Mail
with copies to:
OSD/JS FOIA Requester Service center
Office of Freedom of Information
1155 Defense Pentagon
Washington, DC 20301-1155
via fax (703) 696-4506
National Personnel Records Center
Military Personnel Records
9700 Page Avenue
St. Louis, MO 63132-5100
via fax (314) 801-9195
FREEDOM OF INFORMATION (“FOIA”) REQUEST
CONCERNING CONGRESSMAN MARK KIRK
Dear Secretary Gates:
I am writing to request the military and military congressional files and records concerning Congressman Mark Kirk.
Let me begin by thanking you for your great service to the American people. I had the privilege of meeting you when you were Director of the CIA and I thought you were impressive then. I think you are guiding our forces exceptionally well during a difficult period in our military history.
Because of the sensitivity of a FOIA request directed at DOD concerning the military records of a member of congress, who is also my opponent in a primary election campaign for a United States Senate nomination, I felt that out of an abundance of caution this FOIA request should formally be directed to your attention.
In my opinion, Kirk’s military records fall into two classifications:
First, there are records which are “personal” to Congressman Kirk, which may be subject to FOIA or Privacy Act exclusions. (To avoid any confusion about secrecy, I have asked Congressman Kirk to waive any such defenses to disclosure; see enclosed letter.)
Second, DOD maintains congressional liaison files concerning contacts with and actions of members of congress. Thus, and in particular, when Congressman Kirk was on active duty in Afghanistan earlier this year, and apparently late last year, DOD’s congressional liaison officers would have routinely arranged, monitored, supervised and reported on his activities.
Because these files are DOD records and relate to service by a member of congress, I do not believe there are any FOIA or Privacy Act defenses to release of the congressional liaison materials.
Likewise, while Congressman Kirk was in Afghanistan his whereabouts, security and activity were under constant surveillance by the local commander and regional commander’s staff. These records are included in my FOIA request (although they may also be consolidated as part of the congressional liaison files) and, once again, I do not believe any privileges exist to bar immediate disclosure of such DOD files.
I do not know whether Congressman Kirk will seek to obstruct release of the foregoing files. Obviously, the processing of my FOIA request should proceed promptly while we await Kirk’s response to my request to him for a FOIA/PA waiver.
Because much of the FOIA material I am requesting arises in 2008-2009 (e.g., Kirk’s Afghanistan service) I would ask that these materials be disclosed expeditiously and on a piecemeal basis as the files become available.
I do not believe you should await a review of files for which there may be a privilege against disclosure, to delay expeditiously releasing the files for which there is no reasonable basis to bar disclosure, such as the independent military command and congressional liaison materials (see above).
Time is of the essence. Some of Kirk’s older records going back 20 years may take longer to produce; production may be disputed by Congressman Kirk. I do not believe there can be any dispute, however, as to prompt disclosure of military commander/command files and congressional liaison files concerning Congressman Kirk.
Thank you for your prompt response to this FOIA request.
Respectfully submitted,
ANDY MARTIN
AM:sp
cc: Hon. Mark Kirk
----------------------
ANDY MARTIN
Republican for U. S. Senator/2010
“He Works for the People of Illinois”
Suite 4406, 30 E. Huron Street
Chicago, IL 60611-4723
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
August 10, 2009
Mr. David Martinez
DOD Office of Freedom of Information
The Pentagon
Washington, DC 20301-1155
via fax (703) 696-4506
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 to the Chief of Naval Operations, USAF, CMC and U. S. Central Command per your e-mail of August 10th. I am also attaching a copy of my original FOIA request, which is incorporated by reference in this request to CNO, USAF, CMC and CENTCOM. I am assuming they will process my FOIA request as you have suggested (original FOIA request attached and incorporated by reference).
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 provided:
1. Scope of Search – 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)
------------------------------------
ANDY MARTIN
Republican for U. S. Senator/2010
“He Works for the People of Illinois”
Suite 4406, 30 E. Huron Street
Chicago, IL 60611-4723
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
August 1, 2009
Honorable Mark Kirk
U.S. Representative
House of Representatives
Washington, DC 20515
via fax (202) 225-0837;
(847) 940-7143
Dear Representative Kirk:
The accompanying letter to Secretary of Defense Robert Gates is self-explanatory. I have filed a Freedom of Information (“FOIA”) request for your military records and, more particularly, your recent service in Afghanistan.
I would respectfully request that you notify Secretary Gates that you are waiving any FOIA or Privacy act rights you may have so that your full records will be made available.
I will, of course, provide a reciprocal waiver so that you may request my military records and any other files that are declassified and subject to public disclosure.
Respectfully submitted,
ANDY MARTIN
AM:sp
cc: Hon. Robert Gates
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