STRUNK v U.S. DOS, et al. (FOIA) - 37.2 - 2 Declaration of Alex Galovich - Gov.uscourts.dcd.134568.37.2.PDF - Adobe Acrobat Pro Extended

8/9/2019 STRUNK v U.S. DOS, et al. (FOIA) - 37.2 - 2 Declaration of Alex Galovich - Gov.uscourts.dcd.134568.37.2.PDF - Ado

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Case 1:08-cv-02234-RJL Document 37-2 Filed 07/29/10 Page 1 of 28

UNITED STATES DISTRICT COURTFOR THE DISTIUCT OF COLUMBIA

Christopher Earl STRUNK, Plaintiff, v. U.S. DEPARTMENT OF STATE, and U.S. DEPARTMENT OF HOMELAND SECURITY, Defendants. ----------------------.

No. OS-CV-2234 (RJL)

DECLARATION OF ALEX GALOVICII1, Alex Galovich, declare and state as follows:

I. 1 am the Acting Director of the 01Iiee of Information Programs and Services ("IPS")of the United Statcs Departmcnt of State (the "Department"). In this capacity, I am theDepartment official immediately responsible for responding to requests for records under theFreedom of Information Act (FOIA). 5 U.S.C. 552, the Privacy Act,S U.S.C. 552a, and otherapplicable records access provisions. I have been employed by the Department of State since! 974, and have served with the Department's information Access Program for Over twenty years.As Acting Director, J am authorized to classifY and declassifY national security information. Imake the following statements based upon my personal knowledge, which in turn is based on a

personal review of the records in the case files established for processing the subject request, andupon information furnished to me in the course of my otIicial duties.

2. The core responsibilities ofIPS include: (l) responding to records access requestsmade by the public (under the FOJA, the P11vacy Act, the mandatory classification review


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requirements o1'lhe Executive Order on classified national security information, or the Ethics inGovernment Act), Members of Congress, and other govermnent agencies, and those that havebeen made pursuant to judicial process, such as subpoenas, court orders, and discovery requests;(2) records management; (3) privacy protection; (4) national security classification managementand declassi1ication review; (5) corporale records archives management; (6) research; (7)operation and management o1'lhe Department's Library; and (8) the application ofteclmologythat supports these activities.

3. 1111S declaration explains the Department's search for and review of recordsresponsive to the ForA requests at issue in this litigation.

1. ADMJNJSTRATIVE PROCESSING OF PLAINTIFF'S ForA REQUESTSRequest No. 200806553

4. By letter dated October 16,2008 (Exhibit 1), Mr. Christopher Earl Stnmk (the"Plaint iff') submitted a FOIA requesllo the Department for 'lui-ormation Of records related toStanley AIm Dunham born November 29, 1942 at Forl Leavenworth (sic), KS. U.S., a.k.a.Stanley Ann Dunham Obama a.k.a. (sic) who died OIl November 7, 1995, under the nameStanley Aml Dunham Soctoro (a.k.a. Sutoro) for any and o r all exit and entry records for traveloutside of the USA for the period between 1960 through 1963."

5. By letter dated January 12, 2009 (Exhibit 2), IPS acknowledged receipt ofPlaintifI'srequest. and assigned it FOIA case control number 200806553. Plainti ff was advised that basedupon the information contained in his commLmication, it appeared that the records he soughtwould be with the Depaltment of Homeland Security's Bureau of Customs and Border

Christopher Earl Strunk v. u.s. Del' 'I o/Slale. el al.Alex Galovich Dec/aration


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3Protection. IPS provided Plaintiff with the address for that agency and closed FOrA case controlnumber 200806553.

Request Nos. 200807238 and 2008072726. On November 22, 2008, Plaintiff submitted an electronic FOlA request via tile

Department's FOlA website (Exhibit 3) for documents pertaining to:"I . Stanley Ann Dunham, alk/a Ann Dunham alkla Stanley Ann Obama aIkIa Aml

Obama alk/a Stanley Aml Soetoro alkla AIm Soetoro a/k!a Stmlley Ann Sl1toro alkla Ann Sutoroalkla Stanley AIm Dunham Obama alkla Ann Dunham Obama, born November 29, 1942 at FortLeavenworth (sic), KS. U.S., a.k.a. Stanley AIm DUlllmm Obama and who died on November 7,1995, under the nanle Stanley Ann Dunham Soetoro (a.k.a. Sutoro) . . ;" and

"2. Barack Hussein Obama, Jf. aIkIa Barry Soetoro . . . .Plaintiff specifically requested the following documents for these two persons:

"a. Any and all U.S. Applications for a u.s. Passport;"" b. Entry and Exit Passport Records peltaining to the United States and Kenya fi'om the

period of time ofJanuary 01, 1960 to December 31, 1975 and January I, 1979 to December 3 J,1985;"

"c. Entry and Exit Passport Records pertaining to the United States and Indonesia fromthe pellod of ime of January 01, 1960 to December 31, 1973 and January I, 1979 to December31,1985;"

"d. The above travel records on (sic) for the datcs spccified travelling on a U.S. Passport,Kenyan Passport, Indonesian Passpmt or any other foreign passpOli andlor visa;"

"e. Foreign Birth Certificate registered and filed with the U.S, Embassy, Kenya and lorU.s. Embassy of Indonesia for Barack H. Obama alkial BatTY Soetoro . . , ;"

Christopher Earl Strunk v. U.S. Dep'l oj;


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4"f. Foreign Bil1h Registry filed with the U.S. Embassy, Kenya and/or U.S. Embassy of

Indonesia by Stanley Ann Dunham, et aJ. Registering the birth ofBarack 1-l. Obuma alkla BatTYSoetoro. . . ;"

"and g. Adoption Records and/or Govemmental "Acknowledgment" wherein Barack H.Obama alkla BatTY Soetoro was "acknowledged" as Lolo Soetoro, M.A.' s son."

7. Plaintiff stated his willingness to pay $100.00 for the processing of the request.Plaintiff noted that he had made a previous FOlA request fOf records concerning Stanley AnnDunham (Obatna) on October 17 (sic), 2008, and had received no documents in response to thatrequest. After Plaintiff submitted his request, an automated r e ~ p o n s e acknowledging andsunU11arizing Plaintiff's request was E-mailed to Plaintiff (see Exhibit 3).

8. By letter also dated November 22,2008 (Exhibit 4), Plaintiff submitted a declaratioJlbearing his signature in support of his request for information about a living person.

9. By lctter dated Januill-Y 12,2010 (Exhibit 5), IPS acknowledged Plaintiff's FOlArequest ofNovember 22,2008, and assigned it case control numbers 200807238 atld 200807272.Plaintiff was advised that, with respect to Ms. D,mham, who is widely known as a matter ofpublic record to be deceased, the Department would process the request for records in category(a) of his request under FOIA case control number 200807238. IPS advised PlaintiiT that hisrequest was placed in the category of "All Other Requesters" for fee purposes, and noted hiswillingness to pay fees up to $100.00.

10. IPS further advised PlaiJltiffthat the other aspects ofhis FOlA request were assignedcase control number 200807272. IPS informed Plaintiff that it appeared that any records listed incategories (b), (c) and (d) of hi's November 22, 2008 request would be with the Department ofHomeland Security's Bureau of Customs and Border Protection or with the National Archives.

ChrislOpher Eurl Strunk v. U.S, Del' 't vjState. et at.Ale.'" Galovich Declaration


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5IPS provided Plaintiff with the addresses of those agencies. IPS also informed Plaintiff that,with respect to records pertaining to Mr. Obama, in all categories (a) through (g), Plaintiffsrequest did not comply with Department regulations regarding requests for infonnationpCl1aining to living third parties, and was therefore, deemed invalid. Before IPS can process arequest for a third party's passport and similar records, the requester must provide the thirdpal1y's authorization as described in the DepBltmenl's regulation published at 22 C.F.R. 171.12(a). In tlus regard, Plaintiff was advised that his declaration submitted with his letterdated November 22, 2008, did 110t suffice, as it was signed by Plaintiff rather than the individualto whom the records pertain and thus does not serve to waive that individual's privacy interests.IPS also advised Ulat, to the extent they exist, the records Plaintiff sought about Mr. Obamawould be personal records subject to the Privacy Act of 1974; tlleir release would not shed lighton the activities of the U.S. gove1'11ment, and as such, without the individual's authorization, theywould have to be withheld under FOIA exemption 6, 5 U.S.C. 552(b)(6).

11. In the same letter IPS advised Plaintiff that his request for expeditious processing hadbeen denied, infol1ned Plaintiff of his right 10 appeal the denial of expedition and enclosed acopy of the Department's expeditious processing criteria. IPS also advised Plaintiff that hisrequest for records in categories (b) through (g), as well as records pertaining to Ml'. ObBln3 incategory (a) ofhis November 22,2008, request had been closed. IPS advised Plaintiff that ifhewished to resubmit his request that he should include as moeh infonnation as possible. InparticuIBl', IPS requested that that Plaintiff specify the nature and time frame ofthe records incategories (c), (f) and (g) of his November 22,2008 request.

12. By letter dated July 29, 2010 (Exhibit 6), the Office ofPassp0l1 Services advisedPlaintiff the search of its records had becn completed and resulted in the retrieval of six

Christopher Earl Strunk v. U.s. Del'" q(State, el al.Alex Galovich Declaration


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documents responsive to his request number 200807238. Of these, all documents were releasedin full. Plaintiff was advised in thatlelter that Passport Services did not locate a 1965 passportapplication referenced in an application for amendment ofpassport. The Department concludedit was likely destroyed as pmi of a records disposition project in the 1980s in which routinepassport applications and other non-vital records from 1925-1968 were destroyed in accordancewith continued requests from the General Services Administration to reduce the amount of spac.eused to store routine passport records and other non-vital records (Exhibit 7). Passport Servicesfurther advised Pla int iff that passport records typically consist of applications for United States

passports and supporting evidence of United States citizenship; passport records do not includeevidence of travel such as entrance/exit stamps, visas, residence permits, etc., since thisinfonnation is entered into the passport book after issuance.

II. THE SEARCH PROCESS13. When the Department receives a FOIA request, IPS evaluates the request and

determines which offices, overseas posts, or other records systems within the Department mayreasonably be expected to contain the records requested. This detemlination is based on thedescription of the records requested, mld requires a familiarity with the Department 's recordssystem holdings, applicable records disposition schedules, and the substant ive and functionalmandates of numerous Depmtment oftiecs and Foreign Service posts. Factors such as the nature,scope, and complexity of the request itse lf are also relevm1t.

14. Upon evaluation ofPlaintifl's FOIA request (200807238), IPS determined that theOffice of Passport Services would be the only office that would reasonably be expected tomaintain the records requested. Passport Services is charged with issuing passports to U.s.

Christophel' Ear/ Strunk v. U.S Dep 't4State. et at.Alex- Ga/ovich Declaration


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citizens, and issues some IS million passports per year through 25 domestic agencies. Passportissuance by overseas U.S. Embassies and Consular posts is now suppOlted by three domesticnational processing centers. The Passport Infonnation Electronic Records System (PlERS) is anelectronic database that includes the records of some 144 million passports that have been issuedfrom 1978 to the present. The Department of State also maintains paper records of somepassport applications.

15. Passport Services conducted numerous searches ofPIERS using the namesDUNHAM, Stanley Ann; SOETORO, Stanley Ann; and, SUTORO, Stanley Ann. PassportServices also conducted numerous searches of the paper records using the names provided inPlaintiff's November 22, 2008 ForA request, viz . DUNHAM, Stanley Ann; DUNHAM, StanleyAnn Obama: OBAMA, Stanley Ann; SOETORO, Stanley Ann; SOETORO, Stanley AnnObama;


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The Department reviewed these documents for reasonable segregation of non-exemptinformation and determined that all documents may be released in full.

* * *I declare under penally of peljury thal the foregoing is tmc and correct lo the best of my

knowledge.,-, /")1Executed this . '1 day of July 2010

Christopher Ear/ Struilk v. US. Del' 't


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'October 16,2008

Chrisiopher Earl Sttunk593 Vanderbilt Avenue - #281Brooklyn, New York 11238

UNITED STATES DEPARTMENT OF STATE2201 C Street N.WWashington D.C 20520Attn: FOIA Information Officer

Subject: Freedom oOnformation Act Requestfor travel records ofStanley A.nn Dunham (Obama).

To whom it may concern,As ofTight under the Freedom oOnformation Act, 5 U.S.C.

subsection 552, I am requesting information 01' records related to StanleyAnn Dunham born November 29, 1942 at Fort Leavenworth 1(8. U.S., a.k.a.Stanley Ann Dunham Obama a.k.a. and who died on November 7, 1995under the name Stanley Ann Dlmham Soetoro (a.k.a. Sutoro) for any and orall exit and entry records for travel outside ofthe USA for the periodbetween I 960 through 1963.

I f here are any fees for searching for, reviewing, or copying therecords, please Jet me lmow before you task my request.If you deny all or any part ofthis request, please cite each specificExemption you think justifies your refusal to release the information and

/4 d (0notifY me of appeal procedures available under. the law. . .Sincerely y o u r ~ ~ ~ ' { ~ . . Christopher Earl Strunk

GALQVICH DECLARAT10Nc i v i ~ Action No, 1:08-02234Exhib:i.t 1


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Mr. Christopher Earl Strunk593 Vanderbi it Ave. # 28]Brooklyn. NY 11238Dear Mr. Strunk:

United States Department of SlateWashington, D.C. 20520

CaliC Number 200iW6553:, .

This is in response to your Freedom of Information Act/Privacy Act(F01AIPA) request, dated.october 16, 2008 for any and all entry and exitrecords for travel outside of the United Slates from 1960 thrOllQ!1 1963 forStanley Ann Dunham.Based upon the information contained in your communications, it appearsthat the records you seek are with the Homeland Security's Bureau ofCustoms and Border Protection. Accordingly, you should direct your requestto:.6urealU.1LC.y'$J.oms and Bordr.r Prg.,tg!ctf.9flr"'lark HansonDirectorFOlA Division799 9th StreeJ, NWMint AnnexWashington, DC 20:C29telephone nunnber: (2.02) 3250150fax number: (202) 325-0154

For further communications with respect to this request, see our contactinformation at the bottom of this page.We hope we have been of service to you.

Office ofb!(oJ'marioll Programs and Sell'ic.:(!.fU.S. J ) - ( ~ p a n m m l l a/SwfC', S,-"\-2WashiJlg!oll. DC 205228100

WebsiTe: 1\"11"\\', fr.?irJ.,JIrlfe. !!fLl.:'

Sincerel": n G:.p a t r i t ~ S e h i l l , ~ i e f Requester Communications BranchISO 9001 :2000 Certified

Inquiries:Pholle: J ~ 2 0 2 ~ 2 6 j - 8 4 8 4 PAX: 1202-1618579I : , ' ~ l / I l l i l : [email protected](}l1

GALOVICH DECLARATIONC i v ~ l Act ion No. 1 : 0 8 ~ 0 2 2 3 4 Exhibit 2


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Th3r.k you. Your request has been submitied.This is a request filed uncler the Freedom of Information Act. Return to rOlA Request GenCt2::.01'Request Date: 11 /22 /2008Request Reference Number: 881; 7 5 Return to rOlA Home Page

The time period of my request is between 1/1/1960 and 12/31/1985

Description of request:As a matter of statutory responsibit lty by act of Congress th e .U.s. Department is tomaintain records fo r the below listed natural persons and that pursuant to th e Freedomof Information Act are to turn over the fol lowing documents on the fol lowing individual:1. Stanley Ann Dunham, a/I


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Additional CommentsAs a matter of record and fol low-up: On October 17, 2008, I filed a ForA reqLlestregarding Stanley Ann Dunham (Obama)for the period from 1950 through 1953, viaUnited States Postal Service, Certified Mail, Return Receipt Requested; That on October30, ;W08, Respondent agent signed the return receipt for the FOIA request; and That asof this date November 21, Petit ioner has stili not receive any response, as requiredpursuant to 5 USC 552.

Thank you for your consieJeration of my request. Sincerely,Christopher Earl Strunk.E-mail Aclclress:[email protected]

Street Address:593 Vanderbil t Avenue - #281Brooklyn, New York11238TelepllOne Number: 845-901-6767Fax Number:

[ I ; r i ~ t ]


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Casto, Mary TFrom:Sent:To:Subject:

FOtA Request [[email protected]]Saturday, November 22,200812:38 PMCMstopt1er Earl StrunkrOIA Request Letter 88475

Thank you [Dr filing your F01A request online on I ]122/2008. The process forcOll1pleting your request will now begin. Here is 11 review of your request.T'he search win be restricted to thc State Archiving SystCl1l.I am willing to pay $100.00 for my request.J am an individual seekillg infollnation for personal use and not [(.ll" commcrciallise.'The lime period ofmy request is between 111/1960 and 12/31/1985The rccords J request can be described as follows:As a matter of statutory responsibitlLy by act ofCongress the U.S. Department is tomaintain records for the below listed natural persons and that pursuant to JheFrccdom o f Information Act are (a lUrn over the following documents 011 tilef"ollowing individual:I. Stanley Ann Dunham, a/kIn Ann Dunham a/k/a Stanley Ann Obama a/k/aAnn Ohama a/k/a Stanley Ann Soetoro a/k/a Ann Soetoro Il/k/a Stanley AnnSutoro a/k/a Ann Sutoro a/k/n Stanley Ann Dunham Obama a/kja Ann DunhamObama, born Novcmber 29, 1942 at Fort Leavenworth I(S. U.S., a.k.a. StanleyAnn Dunham Oballla and who died 011 November 7, 1995 i.mdcr the name StanleyAnn Dunham Soctoro (a.k.a. Sutoro), SSN: 535-40-8522; and2. Burack Hussein Obama, Jr. a/k/a Barry Soetoro Date of Birth: August 4,1961 andThe follol''''ing documents [or subject (I) and (2):a. Any anci all U.S. AppJ ications 1'01' a U.S. Passport;b. Entry and Exit Passport Records pertaining to the United Stales and [(enyafi'om the period of lime 0 rJanuary 01, 1960 to December 3 I, 1975 and January],1979 to Deccmber 3], 1985;c. Entry and Exit Passport Records pertaining to the United States amiIndonesia Crom the period of time of January 01, 1960 10 December 3] , 1973 andJanuary I. 1979 to December 3 I, 1985;d. The above travel records on for the dates specified travelling 011 a U.S.Passport, Kenyan Passport, Indonesian Passport or any other foreign passport


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and/or visa;c. Foreign Birth Ccrli lieate registered and flied with the U.S. Embassy, Kenyaand/or U.S. Embassy or Indonesia for Banick J-I. Obama a/k/a Barry Soeloro, Daleof 8irth: August 4, I% I;r. Foreign Birth Registry flied with the U.S. Embassy, Kenya and/or U.S.Embassy or Indonesia by Stanley Ann Dunham, ct al. Registering thc birth orBarack 1-1, Obama a/k/a Barry Soctoro, Date of Birth: August 4, 1961; anclg. Adoption .R.ecords and/o!' Governmental "Acknowledgment" whereinSamek H. Obal11a alkla Barry Soctoro was "acknowledgcd" as Lolo Soetoro,M.A.'s son.

My additional comments arc as follows: As a matter of record and follow-up:On October 17,2008, J filed a FOIA requcst regarding Stanley AnTl Dunham(Obal11a)!'or the period from 1960 through 1963, via United States Postal Service,Certified Mail, Return Receipt Requested;That on October 30, 2008, Respondent agent signed (he return receipt for theFOIA request; unciThat as or this date November 21, Petitioner has stili not receive any response, asrequired puriiuant to 5 USC 552.Christopher Earl [email protected] Vanderbilt Avenue - il181BrooklynNew York11238845-901-6767Reference Number: 138475


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ChrislOpher Earl Strunk593 Vanderbilt A venue - II'll) JBrooklyn, Ncw'r'ork 11238November 22, lOOR

Office of InfOl"l1lation Programs nnd ServicesAIiSSfII)S/RL'/, S. DepHrtll1cnl oj' StateWashington, D. C, 20522-1-; I00SUbject FrcedODl of"inforIl121.if1!] Act request supportDeclaration rel8ted to Reference Numb,or: Bg475,

Deal' rOIA OrIicer:'The required declaration with original signature under 2g USC 1746 1'01' therequest with the referenced number that seeks personal il1formation aiJoUi CIlivil1, person, io herewith for your information and LIS, along with aconfirmation copy of'the actual FOIA request detailed and generated on thiselate,

lmponanlly, H!' a follow-up to my FOlA request o[,OclDber 17,2008, havingbeen recorded as reecived by the FOIA officel' on OCLOber 3(), 2008, ihrwhich! have not received any response, a copy is attached herewith,Theses matters are lll'gent and require expedited handling as time is ol'theessence and involve matters of irl'eparabl e har111 i ' !lot handlcd e ~ p e d i t i o u ~ ; ! y ,

S I . ~ t 4 ~ f"'/\:?:'V.I'. rncere y yours, l.! , Iff!?!. . . " ~ '. / .)/.If ". '..,dJdi.!1"; ( / ~ ( 7 : ~ J : : : / _ ~ _ , ~ ' Christopher Earl StrunkAW).ched:DeclaratioJl with orillil181 ~ , i u n a t u ; - e ; ,-,' ...,Copy of the rOlA request ref, 110, B8475,Copy of FO]A request received October 30,2008.

G A L O ~ C H DECLARATIONc.iv,il Action No. _1: 0 8 ~ 0 2 2 3 4 gxhibi t 4


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Subject: Freedom of' Information Act request supportDeclaration related to Reference Number: 138475.

I, Christopher Earl Strunk, declare uncleI' pellalty of pel jury, purSlIantlo 28u.s.c. 1746 as follows:

I. I [1111 petitioner with place for service at593 Vundcl'bilt Avenue1.1281 Brooklyn, New YOJ'k 11238; Email: cestrul1cka:ilvahoo.com with Ccll-(845) 901-6767.

2. This declaration is ill support of my Freedom of" Infol'l11


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Mr. Christopher Earl Strunk593 Vanderbilt Ave. # 281Brooklyn, NY 11238Dear Mr. Strunk:

United States Department of StateWashington, D.C. 20520

,.I/lN 1 2 " c ,Case Number 206181(9'R2'3'8iF, " , - - "Case Number 200807272

This is in response to your Freedom of Information Act (FOrA) request,dated November 22, 2008, for copies of the following documents concerningStanley Ann Dunham or Barack Hussein Obama:(a) Any and all applications for a U.S. passport;(b) Entry and exit passport records pertaining to the U.S. and Kenya

between January 1, 1960 andDecember 31,1975 and also betweenJanuary 1, 1979 and December 31,1985;(c) Entry and exit passport records pertaining to the U.S. and Indonesiabetween January 1, 1960 and December 31, 1973 and also between

January I, 1979 and December 31, 1985;(d) The above travel records on any U.S. or foreign passport and/or visa;In addition, your request seeks:(e) and (f) Foreign birth registry or certificate registered and filed with the

U.S. Embassy in Kenya or Indonesia by Stanley Ann Dunhamregistering the birth ofBarack H. Obama;(g) "Adoption records and/or Governmental 'Acknowledgment' wherein

Barack H. Obama . . . was 'acknowledged' as Lola Soetoro, M.A.'sson."

Office of Illformatioll Programs and ServicesU.S. Depor/lIlelll ofSiale, SII2Washington. DC 205228]00

Website: lI'ww.[Oia.Sf(lJf!.:.gov

Inquiries:

GALOVICH OECLARA'rIONCiv i l Action No. 1:08-02234Exhibi t 5

Phone: ]2022618484FAX: }2022618579Email: [email protected]


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- 2 -With respect to Ms. Dunham, who is widely known as a matter of publicrecord to be deceased, we will process your request for records in category(a) above. This aspect of your request has been assigned case processingnumber 200807238. For faster processing, please refer to this number in anyfuture correspondence about this aspect of your request. You have staledyour willingness to pay the fees incurred in the processing of this request upto $100.00. Based upon the information that you have provided, we haveplaced you in the requester category checked below. This request will beprocessed in accordance with the fee schedule designated for that category(see 22 C.F.R. Part 171, enclosed).o

oDo

Commercial Use Requesters - Requires us to assess charges thatrecover the full direct costs of searching for, reviewing for release, andduplicating the record(s) sought.Educational Institution Requesters - Requires us to assess charges thatrecover the cost of duplicating the [ecord(s) sought only, after the first100 pages of duplication.Non-commercial Scientific Institution Requesters - Requires us toassess charges that recover the cost of duplicating the record(s) soughtonly, after the first 100 pages of duplication.Representatives of the News Media - Requires us to assess chargesthat recover the cost of duplicating the record(s) sought only, after thefirst 100 pages of duplication.All Other Requesters - Requires us to assess charges that recover thefull reasonable direct cost of searching for and duplicating therecord(s) sought, after the first 100 pages of duplication and the firsttwo hOLlrs of search time.

We will notify you of the costs incurred in processing your request as soonas we have completed the search for, and review of, any responsivedocuments. As noted below, yOUI' request for expedited processing has beendeniee!. Although we will make every effort to complete processing of yOUI'request quickly, unusual circumstances in this case may affect the timerequired to provide you with the documents you have requested. Theseunusual circumstances include the need to search for and collect therequested records from separate and distinct Department offices. Unusualcircumstances may also arise from the need to search for, collect, andOffice of In/onnatioll Programs and SeJ1!icesU.S. Deparlmelll ofSlate, SA-2Washington, DC 20522-8100Website: II'lvw.toia.sfale. {fOP

/nCjuir;es:Phone: 1-202-261-8484FAX: 1-202-261-8579E-mail: [email protected]


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- 3-appropriately examine a voluminous amollnt of separate and distinct recordsthat are demanded in a single request, or from the need for consultation withanother agency having a substantial interest in the determination of therequest or among two or more components of the Department that have asubstantial subject matter interest therein. If needed, such consultation willbe conducted with all practicable speed. I f at any point you no longer needthe information requested and wish to withdraw your FOlA request, pleaselet us know.The othcr aspects of your request have been assigned case control number200807272 and have been closed in our system, for the reasons describedbelow.The Department of State would not reasonably maintain any records of thesort listed in categories (b), (c), and (d) above. It appears that, if any suchrecords are maintained by the U.S. Government at all, they would be withthe Department of Homeland Security's Bureau of Customs and BorderProtection or with the National Archives, to which many older governmentrecords are accessioned. The addresses for those entities, i f you wish tosubmit a FOIA request for these records, are:

Bureau of Customs and Border ProtectionMark HansonDirectorFOIA Division799 9th Street, NWMint AnnexWashington, DC 20229Telephone number: (202) 325-0150Fax number: (202) 325-0154National Archives and Records Administration8601 Adelphi Road, Room 3110College Park, MD 20740-6001

With respect to records pertaining to Mr. Obama, in all categories (a)through (g) above, your request cloes not comply with our regulationsOffice of Inforlllation Prograllls alld ServicesU.S. Department ofState, SA2Washington. DC 20522-8100Website: H'IVw.li)ia.slatt'. (,lOll

Inquiries:Phone: 1202-261-8484FAX: 1202-261-8579E-mail: FOIASt(/[email protected]


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- 4 -regarding requests for information pertaining to living third parties, and hastherefore been deemed invalid. Before we can process a request for a thirdparty's passport and similar records, we need the third party's authorizationas described below and in our regulations published at 22 C.P.R. 171.12(a).In general, access to information about living private individuals cannot begiven to unauthorized third parties absent the individuals' written consent.The State Department requires that written consent be in the form of asigned, notarized statement from the individual(s), authorizing theDepartment of State to release information to the other party. The statementshould bear the original signatnre of the individual and original seal ofthenotary, and be dated within six months of the date of the request.In lieu of notarization, the individual to whom the records pertain may makethe following statement: "I declare, certify, verify or state under penalty ofperjury under the laws of the United States of America, that the foregoing istrue and correct." Such a statement must be forwarded to us with a currentdate and an original signature (faxed photocopies cannot be accepted).The declaration you provided with your request unfortunately does notsuffice, as itis signed by you rather than the individual to whom the recordspertain and thus does not serve to waive the other individual's privacyinterests. To the extent they exist, the records you seek about Mr. Obamawould be personal records subject to the Privacy Act of 1974; their releasewould not shed light on the activities of the U.S. government, and as suchwithout the individual's authorization they would have to be withheld underPOIA exemption 6, 5 U.S.c. 552(b)(6).

Expedited Processing

Our published regulations regarding expedition, 22 C.F.R. 171.12(b), requirea specific showing of a compelling need. Expeditious processing is grantedonly in the following situations: (1) imminent threat to the life or physicalsafety of an individual; (2) urgent neeel by an individual primarily engagedOffice oJbifol1l1atioll Programs and Sel1}icesU.S. Department ofSlCIte. SA-2Washington, DC 20522-8100

Web ...ite: 1-I')I'\I-'.l'oia . la(e.I!Ov

Inquiries:Phone: 1-202-261-8484FAX: 1-202-261-8579E ~ } } r a i l : [email protected]


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- 5 -in disseminating information in order to inform the public concerning actualor allegcd Federal Government activity, and the information is urgentlyneeded in that a particular value of the information would be lost if notdisseminated quickly; (3) substantial humanitarian reasons; and (4) loss ofsubstantial due process rights, Your request does not provide adequatejustification for any of the established criteria, Regrettably, we must advisethat you have not provided adequate justification for expedition, and we notethat mcre relation to an imminent election does not justify expeditedprocessing under the FOIA. However, you may be assured that we willmake every effort to process your request in as timely a manner as possible.For your convenience, I have enclosed a copy of the Department'sexpeditious processing criteria, If you wish to appeal the denial ofexpedition, you may write to the Chief, Requester Liaison Division, at theaddress below, within 30 days of receipt of this letter.Additiomll Information and/or Clarification

The Department of State is responsible for formulating and executing U,S,foreign policy and primarily maintains records dealing with U.S. foreignrelations. The Department also maintains records of applications from U.S.citizens for U,S. passports, and visa requests from non-citizens to entcr theU.S" records on consular assistance provided to U,S. citizens abroad, andrecords of its own employees. The Department of State is comprised ofhundreds of offices and overseas posts, so rcquesters should be specificabout the records they seek,I f you do re-submit your request, we would ask that you include as muchinfonnation as possible about the information requested, As the Departmentof State consists of hundreds of offices and overseas posts, with manydifferent filing systems, your request should be specific, detailed, andinclude as much information as might be relevant. In particular, we wouldrequest that you specify the nature and time frame of the records incategories (e), (f), and (g) above, When would these records have beenprovided to the Department of State or the U,S. Embassies mentioned inyour request? What sort of "Governmental ' Acknowledgment'" is

Office oj Information Programs and Set1dcesU.S. /)epal'lment ofState. SA2Washington, DC 205228100Website: WWI\'. {b/us/((/e.p(w

lnqllb';es:Pholle: 12022618484FAX: 1-2022618579E ~ m { / i l : FO/AStatus.@s/(tle.gov


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- 6-contemplated in category (g), and why would the Department of State havesuch a record?Please be advised that your request for any records in categories (b) through(g) listed above, as well as your request for records pertaining to Mr. Obamain eategory (a), has been closed in our system. If, after noting theinformation cited above, you wish to pursue your request for such records,please send us a new reguest, which wOLlld include the additionalinformation noted above.For further communications, please note our contact information at thebottom of this page. You may also refer to our website for generalinformation and guidelines. As noted above, we can provide faster service ifyou inclLlde the relevant case proeessing number in your communicationswith us.We are pleased to be of service to you.

Enclosures:As stated.

Office oj Info1"l11Clliou Programs and ServicesU.S. Depar/melll oIS/a/e. SA-2Washingtoll, DC 20522-8100Website; wII'W./hill.Jtale.}JQJ!.

Sincerely,i 6 ~ / { . tV ll J.atnc ; cho ,ChidReques er Communications Branch180 9001 ;2000 Cert{fied

//lqltiries:Pholle: /-202-261-8484FAX: /-202-261-8579E-mail: FOfA.S'[email protected])l


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It appears that you are requesting expeditious processing uncleI' ourregulations at 22 CFR 171.12 (b) (2), which states "Tbe information isurgently needed by an individual primarily engaged in disseminatinginformation in orcier to inform tbe pllblic conccrning actual or allegedFederal Government activity .. . (i) Urgently neecled. The in/ormation hilS aparticular value that will be lost ir not disseminated quickly. Ordinarily thismeans a breaking news story of general public interest, Information orhistorical interest only or information sought for litigatioll or commercialactivities woulclnot qualify, 1101' would a news bl'caking nature of theinformation. (ii) Actual or alleged Fcderal Government activity. Theinformation concerns some lIetions [liken, contemplated, or alleged by orabout the government of the United States, or one 01' i t ~ components oragencies including the Congress," The Department intelprets the terrn"breaking news story of general public interest" as meaning a matter that isthe subject of current news coverage or is a currently unFolding news story.This mClIns that the information requested must relnte to a matter of currenturgency to the American public where a I'easonable person might concludethat the consequences of delaying a response would compromise asignificant recogniz.ed interest. The public's right to knClw although ofsignificant and important value, is not by itself oufficicnt to satisfy thissLandard. Regrettably, your letter does not slilisfy this requirement of thestatute and our regulations, and therefore your request for e x p e d i l i o u ~ processing is denied.If you wish to appeal the denial of expedition, you may write to tilt') Chief,Requester Liaison Division, at the address below, within 30 days of receiptof th is letter.


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United States Department of StateWashingl,on, D,C, 20520

JUL 292010

In reply refer to:CA/PPT/LILE - Case Control Nmnber: 200807238

Christopher E. Stnmk593 Vanderbilt Avenue, #281Brooklyn, NY 11238Dear Mr, Strunk:

The following is in response to your request to the Department ofState, dated November 22, 2008, requesting the release ofmaterial under theprovisions of the Freedom of Information Act (5 U.S.c. 552).

We have completed a search for records responsive to your request.The search resulted in the retrieval of six documents that are responsive toyour request. After careful review of these documents, we have detenninedthat all six documents may be released in fulL

We did not locate a 1965 passport application referenced in anapplication for amendment ofpassport that is included in the releaseddocuments, Many passport applications and other non-vital records fromthat period were destroyed during the 1980s in accordance with guidancefrom the General Services Administration.

Passport records typically consist of applications for United Statespassports and suppOlting evidence ofUnited States citizenship, Passportrecords do not include evidence of travel such as entrance/exit stamps, visas,residence pennits, etc., since this il1fonnation is entered into the pa5sp01tbook after issuance.

GALOVICH DECLARATIONC ~ v i l Action No. 1;08-02234Exh.ibit 6


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This completes the processing of your request.

Enclosures:As stated

C ly"'----Jonathan M. albin, DirectorOffice ofLegal Affairs and Law Enforcement LiaisonBureau of Consular AffairsPasspOIt Services


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PAGE 01ORIGIN PP'l'-OlINFO L O G ~ O O

N 2 l \ ~ O " CJ\-O:!

STl\'TE 036146

l\DSOU SUR-OOl\R]\- 00 5Y06SIG-03 FSI-OlJ

UNCLASSIFIED

55-00 AF-OO f I ] M O ' ~ 01 10 -15I \ " ! ' ~ O - 01 EAP-OO hIT- 02 oes-GEi.l\.S-02 / \-02 1052 R

9F'J\rrSD BY; CAl PP T IS: f ~ P M C C L V ! : ~ Y /CA/OCS/CCS/EAP: LMI'l.l\UCHOP: L t ' n ' ~ /\PPHOVBD UY: CA/ocslccs: C/\'Dl P1..l\CIDOc/ \ /ocS/CCSjEAP: BTHOtl\l\S Sl\P/E>:: EPOLt


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UNCLASSIFIED2 , 01\CKGROUND.SINCE THG , L , ~ T 8 1 ~ 6 0 '8 TliS GENER1\L SERVICES IIWlINISTRJ\1'lONHIID PRESSURED THE 8UR8l1U OF CONSULAR AFFAIRS TO R!WUCS'rIlE VDL,UNE OF I'IISSPORT APPLICA'J'IONS l\ND RELJ\TED RECORDSS T O R ~ : { ) l\T PRe, 1\']' Ti{fi'!' 'rIME, ORIGIN"AL PASSPORT RECORDSl'lER!; I{ETAINF.D VOR A PSRIOD OF' lOO YEARS. THE RETENTIONPElnOD I1AS S U B S ~ Q U S N T L , ' I !'t!i;f)UCCD TO TWENTY YSIIIlS FOR1 0 ~ Y E i \ R l\PPLJCN!'IOW; l\ND l"'1P1'EEN YeARS FOR 5-YEl\RAPPLICATIONS, IN 1982, JU'1"BR CONSU11'ING Nl'l'H hLL PP..H1I\RYBUREIIU FILE USERS, TilE CA BUREAU DECIDED TO REDUCe: THS1I0LDINGS OF r H ~ : C O R D S 1-\1' F'Re BY ELIMINATING l\LLNON-PERM;\NENT, ROUTINE RECORDS, RETAINING THOSE RECORDSf)F PEr{M!\NENT SIGNIPJCl\NCE INCLUDING 'fIlOSIl CONTAININGTNFORr1ATlON ON, OR DOCUNtlN'fATION 01", CITIZENSHIP," R E C O R i ) ~ BEING HSTlIINi>D,1\ :..,rSTJNG OF TilE PRIMl\f=!Y D O C t J j \ 1 ! ~ N T S BEING RE'l'i\INED IS r ~ s FOLLONS,- - REPOR'rs Of' BIRTH- - CERYl VICl\TES OF WITNESS TO MARRTJ\GE--CERTIPICNTBS Of LOSS OF N A ' j ' I O N ~ . L I T Y (1'/I'l'H ATTACHED

2"ILf:;sl- REPORTS OF Di!:l\TH-APPLIC]\TIONS ~ n T ! I DELJ\YBD F.lIRTH c:r':RTI PICi\TES OR

tn-K'Ll\SSl r ~ I E D PAGE 03 S'fNI'E 03 (, } 4 6

SPECIAl. REGISTRATIONS ATTACHED -J\PPLICilTIONS (NilTIVU; BORN) InTH SECONDARY EVIDENCllOF BIRTH/ IDENTITY ATTACHED -APPLICATIONS OF Ff)Rr::IGN BORN CITIZENS~ A P P L I C A ' T ' l O N S INC1JUDING rOREIGN BORN Cl'lTZBNS

- -APPLICA1'10NS OF I'lOI-1EN ACQUIRING CITIZENSHIP TIiROUGHHARIUAGE

- -1\PPLIClI'rIONS TO RESUNE CITIZENSHIP (VOTING IN ITIIr.IIINE],ECTlONS BETNEeN 1 /1 /46 AND 4/1S/ '18)

, ~ p P L r C ' . A T I O N S TO TAKE OATH OF I\LLEGI!u'ICB !\NDRSNUNCIATION (SERVICE IN CANADI!\N ARMY)

- -APPLICATIONS rClR REGI5TRII'l'ION, INCLUDING IIPpr,I C/\'[IONSFOR CERTlnClITiOS OR CARDS OF IDENTITY, OR CARDSISSUED l"OR BORDER CROSSING PURPOSES,

- - REGTST1V\'!'TON APPLICi\TIONS ,l\I,L PHI LI Pl'lNf; PASSPORT R!!:CORDS--LOOK-OUT (.'l\SES-POSSIBLE LOSS, NON-l\CQUISITJON, NON-RETENTION.

DENIALS, LIM1TA'I'IONS, REVOCATIONS, QUBSTIONABLECI'fIZ8NSJlIP C l . A I ~ l S , ETC, (NI'l'1I ATTACHBD FILES)

UNCLASSIFIED

2 oi 3

2of 3


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UNCLASSIFIED FRAUDULENT CJ:'fI ZENSHll' C . ~ 5 E S OR CJI.SES JNVOLVING

F'Rl\TJDUJ.J-EN'f USE OF PASS E'ORT

OUTSTANDING r . O ; ~ N S CLASSIFIED P I L ! : ~ S .

1. ! ~ E C . ' ( . ) } m 8 BEING 1 J . 1 ~ S C j \ R D E D . 1\ r,niTJNG 017 1'118 PRINARY lJOcurvmNTs OEING BLHlINATEDF'OLLO\'lS:- -RUUTINE !?t\SSl'ORT l\PPt . lCA'l'lONS FOR NATIVE BORN Cl'l'lX,gNS

(lVITII OR l'JJ:1'HOU1' BIRTII CSRTU'lCl\l'l':S OR PIiOTOSTlIl'lCCO!'U:S OF BIRTH CERTIFICATES , ~ ' r T l \ C H E D l

- \ lOUn, 'E RENEvll\L l\PPLICA'I'lONS ROUTINE: l\PPLIChTlONS FOR PASSrOR1'S ['OR Ni';TrVE BORN

CITIZENS VJHER PREVIOUS PASSPORT USED AS EVIDENCBUNCLM1SI1"IBD

S'l'J\TE 036116-cormr::SPONDENCE OF NON-CITIZENSHIP" NATURE C ~ . A R G E - O U T SHEETS 8EFORE 1969,5. C U f ~ R E N T STA'l'U!-J.RECORns DATING FROM 1,PR1L 1925 THROUGfi NOVEHBER 1961 lllWEBEEN PURGED, l'BE PROJBCT STAPP IS CURRENTLY WORKING ONR ~ C O R D S D l \ ' l ~ E D OECSl'1BER 1961 - D B C E ~ 1 B E R 1965 . THE FILEPURGE PNOJEC"l' WILL, C O N T I N U J ~ THROUGH YSI\.R 1% 8 ' S RECOHDS.POS'l'S SHOU! .D 8E J\\1l\.RE: '!'HAT PASSPOl('l' APPLICATIONS _LIS'!'[!;DP A R . ~ 1 DATING l--ROI1 bPRIJ., J.925 THROUGH NOVEMBER 1961 NOLONGER EXIST. RECORDS DATED r-d!1'BR 1968 NILL BE RETAINEDUNDER TilE CURRI'N'J' lS/:,O-YEAR DISPOSAL SCHEDUl"E, I\!,L1925 1. 966 RECORDS I ~ I S ' l ' E D IN PARA 3 ABOVE {l}XLl; CONTiNUETO BE lIVbIL"m,E UPON REQUEST, SHULTZUNCLASSTFIED.: < END OF D O C O N l ~ N T

UNCLASSIFIED

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3 of 3

Documents

STRUNK v U.S. DOS, et al. (FOIA) - 37.2 - 2 Declaration of Alex Galovich - Gov.uscourts.dcd.134568.37.2.PDF - Adobe Acrobat Pro Extended