Determination of Appeal

On March 9, 2015 Church appealed a determination by The U.S. Department of Homeland Security Office of Intelligence and Analysis denying the release of documents pertaining to Pursuit Lead Cables. Church appealed this adverse decision to the Associate General Counsel of Homeland Security.

Church first learned The Department of Homeland Security issued Pursuit Lead Cables while conducting research for its white paper On Security. Instead of speculating about constitutionality after calling DHS to learn what a Pursuit Lead Cable is, on August 11, 2014 Church filed a Freedom of Information Act request seeking documents pertaining to Pursuit Lead Cables. And, on January 13, 2015,Church received a response from The Office of Intelligence and Analysis claiming these documents are exempt from release in the interest of our national intelligence.

On his first day in Office President Barack Obama issued a memorandum stating Freedom of Information Act requests should be handled with the clear presumption that in the face of doubt openness prevails. So, without information indicating what a Pursuit Lead Cable is appearing anywhere else, Church appealed the Office of Intelligence and Analysis’ secrecy. However I&A’s determination of 2014-IAFO-0246 was affirmed because these documents are classified.

Determination of Appeal, FOIA 2015-HQAP-00091 (page 1)

Acting on behalf of The Department of Homeland Security General Counsel, as the result of a memorandum of agreement, The United States Coast Guard decided this appeal. The USCG determined any document including the words Pursuit Lead Cable was classified and affirmed DHS’s adverse decision to withhold these records from requesters in a two-paged Determination of Appeal of FOIA 2015-HQAP-00091 letter to ▲Church (page 1).

FOIA APPEAL Number: 2015-HQAP-00091

Pursuant 5 U.S.C. 552(a)(4)(B) the only way to learn what a Pursuit Lead Cable is by filing a complaint in U.S. District Court for relief from Homeland Security requesting it release this agency’s records to the American public and into the care of ▲Church (page 2).

▲Church’s appeal to the Associate General Counsel of Homeland Security for records pertaining to Pursuit Lead Cable was determined by The U.S. Coast Guard Chief Administrative Law Judge, and Intelligence and Analysis’ decision to deny these documents’ inclusion in the Freedom of Information Act public records law has been upheld in this letter dated July 28, 2016.