FOIA REQUESTExpedited processing requested

Dear FOIA Officer:

Pursuant to the federal Freedom of Information Act, 5 USC § 552, I request access to and copies of an April 24 decision and/or ruling issued by Judge Army Col. Denise Lind in the court martial proceedings for PFC. Bradley Manning. This decision directly addressed a motion for access to decisions, rulings, orders or any transcripts in the court martial of Manning. Lind denied an attorney with the Center for Constitutional Rights (CCR) the opportunity to address the court. She read the decision on this motion in front of the public and credentialed media. Therefore, it should have no information in the decision or ruling that would be considered classified or necessary to withhold from the public. The contents could also not be said to violate the privacy of Manning if disclosed to the public because all the material was read while credentialed media and the public were present.

I would like to receive the information in the following format: electronic.

As a representative of the news media I am only required to pay for the direct cost of duplication after the first 100 pages. Through this request, I am gathering information on the court martial proceedings against PFC. Bradley Manning that is of current interest to the public because the government alleges he is responsible for possibly the largest security breach in American history.

I have a right to access records in the court martial of Manning but thus far have been denied. I am a plaintiff who, as of August 2, has signed on to a lawsuit filed by CCR that is before the United States Court of Appeals of the Armed Forces (CAAF) and seeks to force the judge to grant the press and public access to court martial records. It has been suggested that the Freedom of Information Act (FOIA) is available to journalists like myself and, as members of the press, we should use it if we want to gain access. That is a patently absurd argument for the government to make. I do not believe the government has any intention of filling any FOIA requests before Manning’s court martial is over, which is why I have signed on to the lawsuit that is before CAAF.

Since the government insists the press has FOIA available as some kind of substitute for access to court martial records, the Judge Advocate General’s Office should at least be able to release the judge’s decision that lays out why the press and public should have no access to records. Furthermore, the government has informed attorneys with CCR that they plan to make the judge’s decision or ruling on the motion a matter of public record on August 10, 2012. If the Judge Advocate General’s Office does not release a copy of the judge’s decision or ruling on this April 24 motion for access, it will be showing just how spectacularly ridiculous the government’s position is in defending secrecy in the court martial of Manning.

This information is being sought on behalf of Firedoglake for dissemination to the general public. Over 8,500 people have shown interest in the disclosure of this decision by signing on to the request.

Please waive any applicable fees. Release of the information is in the public interest because it will contribute significantly to public understanding of government operations and activities.

If my request is denied in whole or part, I ask that you justify all deletions by reference to specific exemptions of the act. I will also expect you to release all segregable portions of otherwise exempt material. I, of course, reserve the right to appeal your decision to withhold any information or to deny a waiver of fees.

As I am making this request as a journalist and this information is of timely value, I would appreciate your communicating with me by email, rather than by mail, if you have questions regarding this request. My email is [redacted].

I am requesting expedited processing of this request Pursuant to 5 U.S.C section 552(a)(6)(E) based on compelling need and “urgency to inform the public concerning actual or alleged Federal Government activity.” I certify, as required by regulation, that the compelling need for expedited processing is true and correct to the best of my knowledge and belief. This request is central to the transparency that is required for there to be an accurate recounting of the activities of the United States government in regard to the transparency of court martial proceedings currently taking place in the case of Pfc. Bradley Manning, currently on trial for his life. The prompt release of information as a means of informing the public about this case is crucial.

I look forward to your reply within 20 business days, as the statute requires.

Thank you for your assistance.

Sincerely,

Kevin Gosztola

Co-Filed with the following individuals:

(Paul) Spencer Dawkins

a logan

a harper

A Longley

A Goodman

A Lynn Raiser

A. Waldschmidt

A. Dragun

A. Raclare Kanal

A.B. Kovats

"A.K., Anka & Chloe" Jhangiani

Aaron Todd

Aaron Kunkle

aaron urbanski

Aaron Walters

Aaron Molloy

Aaron Ucko

Aaron Dailey

Aaron Gayken

Click here to show all co-filers