Andy Martin told a Palm Beach news conference today he has asked the CIA, Department of Defense and Navy Department to release any files which corroborate Mark Kirk’s claims that Kirk was “detailed” to the CIA. Martin has filed formal Freedom of Information Act (“FOIA”) requests with the agencies.
New York [CHICAGO] NEWS CONFERENCE: Thursday, June 10th
Chicago crime fighter Andy Martin blows open the Mark Kirk military fraud scandal with dramatic new disclosures
Tea Party sympathizer Andy Martin explains the context in which the Department of Defense in December, 2009 accused Kirk of “partisan political activities” in military uniform
NEWS FROM:
ANDY MARTIN /2010
“The Name You Can Trust”
Republican for U. S. Senator
30 E. Huron Street, Suite 4406
Chicago, IL 60611-4723
(866) 706-2639
www.AndyforUSSenator.com
www.AndyforUSSenator.blogspot.com
www.AndyforUSSenator.wordpress.com
www.MarkKirk.us
www.IllinoisHighSpeedTrains.com
FOR IMMEDIATE RELEASE:
ATTENTION DAYBOOK/ASSIGNMENT EDITORS
ANNOUNCEMENT OF THURSDAY NEWS CONFERENCE IN NEW YORK
Andy Martin explains why the Department of Defense in December, 2009 accused Mark Kirk of unlawful political activity; Martin had been filing charges against Kirk with DOD since August
Martin says the latest DOD documents are the “smoking gun” that will end Kirk’s candidacy and career
(CHICAGO)(June 10, 2010) Chicago crime fighter and anti-corruption crusader Andy Martin will hold a New York news conference today, Thursday, June 10th to place the Chicago Sun-Times story on the Department of Defense’s accusations against Mark Kirk’s “illegal political activities” in uniform in context:
http://www.suntimes.com/news/politics/2376694,mark-kirk-military-deployment-document-061010.article
“The Sun-Times has picked up Department of Defense (“DOD”) documents from the web site www.Nitpicker.blogspot.com,” Martin says. “But no one knew of my clandestine activity behind the scenes until today.
“Why did the Deputy Undersecretary of Defense accuse Mark Kirk of illegal ‘partisan political activities’ while in uniform? It was because of my earlier complaints to DOD, and the accusations I made against Kirk in my FOIA (“Freedom of Information Act”) activity. I will post these documents separately before my New York news conference Thursday.
“I made my initial FOIA request to Secretary of Defense Robert Gates on August 1st. Likewise, I sent Mark Kirk a letter on August 1st asking him to waive his rights under the Privacy Act. He refused. But Kirk knew as early as August 1, 2009 that I was seeking his military records. Between August 1, 2009 and today’s date I have engaged in spirited correspondence with DOD.
“DOD Undersecretary Gail McGinn was obviously aware of my efforts to secure the release of Kirk’s records. I had been tipped off that there was unhappiness within the Pentagon at Kirk’s grandstanding, and was advised to file a FOIA request, which I did.
“Thus, Undersecretary’s McGinn’s accusations of unlawful ‘partisan political activities’ in uniform was triggered by my ongoing comments to DOD
“Mr. Kirk’s statement Wednesday night implicitly acknowledges that within his campaign I am seen as the devil that will not let go. Kirk is obsessed with me. Kirk’s own statement Wednesday evening mentions my radio ads, as he did when he falsely claimed at the Union League Club he had been ‘fighting for [Andy Martin’s] freedom’ in Afghanistan. Kirk knows I have been hounding DOD to tell the truth. I have also filed a DADT complaint against Kirk with the Navy.
“It is unseemly that Kirk now claims his ‘private’ records have been compromised, when he used DOD secrecy to conceal his own criminal activity. Using federal property for political activity is a criminal act. Instead of filing his own FOIA complaint, Kirk should grant the waiver I asked for and direct the release of all of his military records. Kirk has been using federal secrecy laws to cover up his fraudulent activity in uniform.
“The reason the Sun-Times story and the Nitpicker blog entry appear out of context in so far as Undersecretary Gail McGinn’s accusations of unlawful partisan activity by Kirk (all political activity in uniform is unlawful) of December 9, 2009 is because prior to today (June 10th) no one in the media or public knew I had been clandestinely orchestrating DOD investigations against Kirk since August 1, 2009.
“I am usually known as a man who is pretty quick with a news release. But because I was aware of the explosive nature of the DOD allegations against Kirk, I did not issue a news release on August 1st. I planned to use my information about Kirk’s military fraud in campaign advertising. So we kept the FOIA activity embargoed. I held the ‘military imposter’ story until I began running radio ads exposing Kirk as a military fraud in January, 2010. My radio advertisement which exposed Kirk as a military masquerader is still available to be heard on my web site:
http://www.andyforussenator.com/andys_ads.htm
“I ran ads exposing Mark Kirk as a military fraud and I also posted a letter from DOD on my web site www.markKirk.us dated October 28, 2009 [which letter I had also kept under wraps in 2009] disclosing a lack of any DOD records to document Kirk’s imaginary claims about his military service in Afghanistan:
http://www.markkirk.us/images/kirk_letter.pdf
“Mr. Kirk is an evil man who has habitually lied to the people of Illinois about his military service. I repeat what I have previously stated: his decades long exaggerations are clinically significant evidence of a mental disorder. I am delighted to have been the man who started the ball rolling to drum him out of the military service and politics. He is a disgrace to the Republican Party,” Martin will state in New York City.
“The documents were posted on my web sites; the ads were broadcast on radio stations across the State of Illinois. Where were the media? Where were Republican Party leaders? They were too busy attacking and smearing Andy Martin to search for the truth about Mark Kirk. They are all getting what they deserve.
“Ironically, in response to my initial disclosures, WBBM-AM put up its own web site ‘Who is Andy Martin?’ instead of one ‘Who is Mark Kirk?’ Who knew who Kirk was? Except the old Internet Powerhouse; I knew.
“Now that I am releasing my documents from August, 2009 which were sent to Secretary of Defense Gates, the media and people of Illinois can see ‘the rest of the story’ and understand why Undersecretary McGinn attacked Kirk in December, 2009.
“Mark Kirk? R.I.P. Bye, bye Markie. Good riddance to the Kirkster. Maybe he can move in with his butt boy Mark Foley and the two of them can live happily ever after.”
-------------------------------------
Martin’s latest anti-Kirk blogs:
www.DefeatMarkKirk.blogspot.com;
www.contrariancommentary.typepad.com/defeatmarkkirk/
------------------------------------
June 10th NEWS CONFERENCE DETAILS:
WHO:
ContrarianCommentary.com Executive Editor Andy Martin
WHAT:
Internet powerhouse Andy Martin explains why the Department of Defense accused Mark Kirk of illegal “partisan political activities” in military uniform
WHERE:
909 Third Avenue, public sidewalk in front of FDR Station, New York (under the “909” canopy in case of rain)
WHEN:
Thursday, June 10, 3:00 P. M.
MEDIA CONTACT:
GENERAL: (866) 706-2639 CELL (917) 664-9329;
WEBSITE: http://www.AndyforUSSenator.com
E-MAIL: AndyforUSSenator@aol.com
-----------------------------Andy Martin is a legendary Chicago muckraker, author, Internet columnist, radio talk show host, broadcaster and media critic. He has over forty years of broadcasting background in radio and television and is the dean of Illinois media and communications. He is currently promoting his best-selling book, Obama: The Man Behind The Mask and producing the new Internet movie "Obama: The Hawai'i years." Andy is the Executive Editor and publisher of www.ContrarianCommentary.com. Martin comments on regional, national and world events with more than four decades of experience. He holds a Juris Doctor degree from the University of Illinois College of Law and is a former adjunct professor of law at the City University of New York.
UPDATES: www.twitter.com/AndyMartinUSAwww.facebook.com/AndyMartin Andy's columns are also posted at ContrarianCommentary.blogspot.com; contrariancommentary.wordpress.com.
contrariancommentary.typepad.com[NOTE: We try to correct any typographical errors in this story on our blogs; find our latest edition there.]
MEDIA CONTACT: (866) 706-2639 or CELL (917) 664-9329E-MAIL: AndyMart20@aol.com © Copyright by Andy Martin 2010
----------------------------
Showing posts with label U. S Navy. Show all posts
Showing posts with label U. S Navy. Show all posts
Saturday, June 12, 2010
Andy Martin: Mark Kirk should “put up or shut up” on his CIA claims
Palm Beach news conference today: Political columnist and reformer Andy Martin is asking the Central Intelligence Agency to release Congressman Mark Kirk’s “CIA file.” The controversial congressman who has been caught in a myriad of lies about his background has claimed to have been “detailed to the CIA.” Martin is asking the CIA to release Kirk’s records, if any exist. Kirk’s CIA claims maybe just another Kirk lie.
Martin returns to Illinois next week to continue his campaign against Kirk.
PALM BEACH [CHICAGO] NEWS CONFERENCE: Wednesday, June 9th
Chicago crime fighter Andy Martin asks CIA, Navy to release “Kirk ‘CIA’ files”
Tea Party sympathizer Andy Martin says the CIA and Navy should verify or deny Kirk’s claim that he was “detailed” to the CIA
NEWS FROM:
ANDY MARTIN /2010
“The Name You Can Trust”
Republican for U. S. Senator
30 E. Huron Street, Suite 4406
Chicago, IL 60611-4723
(866) 706-2639
www.AndyforUSSenator.com
www.AndyforUSSenator.blogspot.com
www.AndyforUSSenator.wordpress.com
www.MarkKirk.us
www.IllinoisHighSpeedTrains.com
FOR IMMEDIATE RELEASE:
ATTENTION DAYBOOK/ASSIGNMENT EDITORS
ANNOUNCEMENT OF WEDNESDAY NEWS CONFERENCE IN PALM BEACH
Andy Martin asks CIA and Navy Department to confirm or deny Mark Kirk’s claims he was “detailed” to the CIA
(CHICAGO)(June 9, 2010) Chicago crime fighter and anti-corruption crusader Andy Martin will hold a Palm Beach news conference today, Wednesday, June 9th to release his request to the Central Intelligence Agency and Navy Department for serial dissembler Mark Kirk’s “CIA files.”
Martin has repeatedly chided the media for failing to pursue and verify Kirk’s claims that he was “detailed” to the CIA by the Navy. Now Martin has filed his own FOIA requests.
“How can the truly ‘lamestream’ media leave Kirk’s CIA claims hanging out there without any attempt to verify or confirm them?” Martin will ask.
“Since Kirk now claims he wants to be ‘precise’ about military language, the term to be ‘detailed’ means to be assigned. What evidence is there to support Kirk’s claim? Are we facing yet another whopper Mark Kirk lie?”
Kirk claimed he was “detailed” to the CIA:
http://frwebgate.access.gpo.gov/cgi-bin/getpage.cgi?dbname=2004_record&page=H4866&position=all
VIDEO: http://ellenofthetenth.blogspot.com/2010/06/misrememberances-and-exaggerations-week.html
[Although we have been independently aware of Kirk’s CIA claims, we credit Ellen’s Illinois Tenth Congressional District Blog as the source of the foregoing hyperlinks.]
Martin’s latest anti-Kirk blogs:
www.DefeatMarkKirk.blogspot.com;
www.contrariancommentary.typepad.com/defeatmarkkirk/
------------------------------------
June 9th news conference details:
WHO:
Illinois corruption-fighter and Internet Powerhouse Andy Martin
WHERE:
Sidewalk (public) news conference, in front of 95 N. County Road, Palm Beach, FL (U. S. Post Office)
WHEN: Wednesday, June 9th 4:00 P.M.
WHAT:
Chicago crusading crime fighter Andy Martin asks CIA, Navy to release the “Mark Kirk CIA file”
MEDIA CONTACT: (866) 706-2639; Cell (917) 664-9329
WEBSITE: http://www.AndyforUSSenator.com
E-MAIL: AndyforUSSenator@aol.com
-----------------------------
Andy Martin is a legendary Chicago muckraker, author, Internet columnist, radio talk show host, broadcaster and media critic. He has over forty years of broadcasting background in radio and television and is the dean of Illinois media and communications. He is currently promoting his best-selling book, Obama: The Man Behind The Mask and producing the new Internet movie "Obama: The Hawai'i years." Andy is the Executive Editor and publisher of www.ContrarianCommentary.com. Martin comments on regional, national and world events with more than four decades of experience. He holds a Juris Doctor degree from the University of Illinois College of Law and is a former adjunct professor of law at the City University of New York.
UPDATES: www.twitter.com/AndyMartinUSAwww.facebook.com/AndyMartin Andy's columns are also posted at ContrarianCommentary.blogspot.com; contrariancommentary.wordpress.com.
contrariancommentary.typepad.com[NOTE: We try to correct any typographical errors in this story on our blogs; find our latest edition there.]
MEDIA CONTACT: (866) 706-2639 or CELL (917) 664-9329E-MAIL: AndyMart20@aol.com © Copyright by Andy Martin 2010
----------------------------
Martin returns to Illinois next week to continue his campaign against Kirk.
PALM BEACH [CHICAGO] NEWS CONFERENCE: Wednesday, June 9th
Chicago crime fighter Andy Martin asks CIA, Navy to release “Kirk ‘CIA’ files”
Tea Party sympathizer Andy Martin says the CIA and Navy should verify or deny Kirk’s claim that he was “detailed” to the CIA
NEWS FROM:
ANDY MARTIN /2010
“The Name You Can Trust”
Republican for U. S. Senator
30 E. Huron Street, Suite 4406
Chicago, IL 60611-4723
(866) 706-2639
www.AndyforUSSenator.com
www.AndyforUSSenator.blogspot.com
www.AndyforUSSenator.wordpress.com
www.MarkKirk.us
www.IllinoisHighSpeedTrains.com
FOR IMMEDIATE RELEASE:
ATTENTION DAYBOOK/ASSIGNMENT EDITORS
ANNOUNCEMENT OF WEDNESDAY NEWS CONFERENCE IN PALM BEACH
Andy Martin asks CIA and Navy Department to confirm or deny Mark Kirk’s claims he was “detailed” to the CIA
(CHICAGO)(June 9, 2010) Chicago crime fighter and anti-corruption crusader Andy Martin will hold a Palm Beach news conference today, Wednesday, June 9th to release his request to the Central Intelligence Agency and Navy Department for serial dissembler Mark Kirk’s “CIA files.”
Martin has repeatedly chided the media for failing to pursue and verify Kirk’s claims that he was “detailed” to the CIA by the Navy. Now Martin has filed his own FOIA requests.
“How can the truly ‘lamestream’ media leave Kirk’s CIA claims hanging out there without any attempt to verify or confirm them?” Martin will ask.
“Since Kirk now claims he wants to be ‘precise’ about military language, the term to be ‘detailed’ means to be assigned. What evidence is there to support Kirk’s claim? Are we facing yet another whopper Mark Kirk lie?”
Kirk claimed he was “detailed” to the CIA:
http://frwebgate.access.gpo.gov/cgi-bin/getpage.cgi?dbname=2004_record&page=H4866&position=all
VIDEO: http://ellenofthetenth.blogspot.com/2010/06/misrememberances-and-exaggerations-week.html
[Although we have been independently aware of Kirk’s CIA claims, we credit Ellen’s Illinois Tenth Congressional District Blog as the source of the foregoing hyperlinks.]
Martin’s latest anti-Kirk blogs:
www.DefeatMarkKirk.blogspot.com;
www.contrariancommentary.typepad.com/defeatmarkkirk/
------------------------------------
June 9th news conference details:
WHO:
Illinois corruption-fighter and Internet Powerhouse Andy Martin
WHERE:
Sidewalk (public) news conference, in front of 95 N. County Road, Palm Beach, FL (U. S. Post Office)
WHEN: Wednesday, June 9th 4:00 P.M.
WHAT:
Chicago crusading crime fighter Andy Martin asks CIA, Navy to release the “Mark Kirk CIA file”
MEDIA CONTACT: (866) 706-2639; Cell (917) 664-9329
WEBSITE: http://www.AndyforUSSenator.com
E-MAIL: AndyforUSSenator@aol.com
-----------------------------
Andy Martin is a legendary Chicago muckraker, author, Internet columnist, radio talk show host, broadcaster and media critic. He has over forty years of broadcasting background in radio and television and is the dean of Illinois media and communications. He is currently promoting his best-selling book, Obama: The Man Behind The Mask and producing the new Internet movie "Obama: The Hawai'i years." Andy is the Executive Editor and publisher of www.ContrarianCommentary.com. Martin comments on regional, national and world events with more than four decades of experience. He holds a Juris Doctor degree from the University of Illinois College of Law and is a former adjunct professor of law at the City University of New York.
UPDATES: www.twitter.com/AndyMartinUSAwww.facebook.com/AndyMartin Andy's columns are also posted at ContrarianCommentary.blogspot.com; contrariancommentary.wordpress.com.
contrariancommentary.typepad.com[NOTE: We try to correct any typographical errors in this story on our blogs; find our latest edition there.]
MEDIA CONTACT: (866) 706-2639 or CELL (917) 664-9329E-MAIL: AndyMart20@aol.com © Copyright by Andy Martin 2010
----------------------------
Andy Martin sought Mark Kirk’s military records in 2009
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:
www.AndyforUSSenator.com
www.AndyforUSSenator.blogspot.com
www.AndyforUSSenator.wordpress.com
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
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 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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