Sending a screenshot of my PACER account (See embedded image and/or attachment) - FOIA request submitted for information pertaining to the murder of SR.
https://imgur.com/a/SXhWg1P
Notice the status rebuttals from agencies below in photo - specifically the Executive Office of United States Attorneys invocation of FOIA exceptions. Last line sticks out - There is an open criminal investigation (by the DOJ, this means its been taken out of the hands of MPD originally assigned to investigate) and ongoing Grand Jury proceedings.
Also of note - the exceptions invoked to withhold info from FOIA request that are of note are as follows.
Exemption 7 Exemption 7 of the FOIA, as amended, protects from disclosure "records or information compiled for law enforcement purposes, but only to the extent that the production of such law enforcement records or information
(A) could reasonably be expected to interfere with enforcement proceedings (This is basically a legal admission that there is an enforcement proceeding taking place by the DOJ behind the scenes).
(D) could reasonably be expected to disclose the identity of a confidential source, including a State, local, or foreign agency or authority or any private institution which furnished information on a confidential basis (Someone is singing or has additional information they are providing to push this investigation forward).
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Mrs_Ogynist01 ago
Could this just mean "an open investigation" because his murder has not been solved? But then, why would there be a grand jury???
The1stLantern ago
If it were only open for murder, it would be in the hands of DCMPD. This proves DOJ has stepped in and supplanted MPD in charge of the investigation.
Good news considering how many times the cheif of MPD has been seen with characters like James Alefantis and how all the officers body cam footage disappeared..
Are_we__sure ago
How exactly does this prove your claim? It seems to me you are making an assumption here. The assumption being the grand jury that is open is a federal grand jury. Because they did not say it was a federal grand jury. I'm wondering if that's significant.
I have no expertise in FOIA docs or in local vs federal jurisdiction, but couldn't it be that MPD is still the lead agency in the case, but in some cases they reached to the FBI for assistance? In this hypothetical, there still would be correspondence related to Seth Rich with DOJ. My understanding is local police forces do reach out the FBI often and this is a reasonable hypothetical.
votesarestolen ago
The records are in the United States Attorney's Office for the District of Columbia, indicating that it is a federal grand jury.
Are_we__sure ago
The FOIA request asked for any correspondence the the USAO might have. It did not ask if there was a federal grand jury. A reason they were a denied was "A grand jury" is open, but did not mention if this is a federal or local grand jury.
Unless anyone here is very good at Federal FOIA requests or the regular language used by the USAO, this remains an assumption.
The1stLantern ago
It seems to me you arent a lawyer, so let me explain.
First - the exception being invoked is part of the arguement being claimed as reason for denying a FOIA. I cant invoked an exception stating on grounds it would interfere with a court case proceeding if say, there was not actually a court case on going. Likewise I can't claim exemptions stating that release of information would damage the ongoing proceedings are criminal investigation and a grand jury proceeding if those things were not already taking place.
The exemption invoked thereby proves the fact that there is a court proceeding going on, without actually needing to stay in explicit terms that there is a court proceeding going on. Does that make sense?
Think of it like the legal equivalent of me saying I can't hand it in because my dog ate it - the implication in that sentence is that I own a dog in order for the eating to have taken place. (sorry it's sometimes hard to translate lawyer speak for regular people).
If it has gone to Grand Jury status beneath the auspices of the DOJ, than MPD is no longer the lead Agency on the case. Some agencies do AT times call in the FBI for assistance in case, and/or have their cases taken over by the FBI, but the fact that this has become a federally-recognized case beneath it Department implicates for us that what we are looking at is a case that has been given over in its entirety.
Are_we__sure ago
There's nothing in the reply that indicates a FEDERAL grand jury is open.
There's nothing in the reply that indicates MPD is no longer the lead Agency on the case