CIA • 2007

GAFFINEY, BRIAN; APPEAL RESPONSE

'JUL 1 7 2 17 Brian Gaffney, Esq. 605 Market Street, Suite 505 San Francisco, CA 94105 Reference: F-2007-01308 Dear Mr. Gaffney: We have received your 1 June 2007 letter concerning your 9 May 2007 Freedom of Information Act (FOIA) request on behalf of your client, the Institute for Policy Studies, for: "All records related to the CIA's FOIA request #F-1999-00924, including the original FOIA request, all records released related thereto, and all other documents related to this FOIA request." Specifically, you are appealing on the grounds that (1) CIA's failure to make a determination on IPS' request constitutes a de facto withholding as neither FOIA nor FOIA's regulations exempt the CIA from searching for responsive records when the information sought is the subject of pending litigation; and (2) the CIA improperly denied IPS' request for a waiver of all fees associated with this request...