Update on Freedom of Information Act Requests
Re: Bob Schulz Hearings



Devvy Kidd
October 28, 2002

If you are unfamiliar with these FOIAs, please see background information and original FOIAs dating back to March 10, 2002:

http://www.devvy.com/schulz_20020327.html

On April 10, 2002, I received a letter from the U.S. Department of Justice indicating they would be unable to process my request within the time mandated by law because "The records you seek are maintained outside of this Office..."

On September 4, 2002, I received another letter from U.S. Department of Justice stating "Please be advised that no responsive records were located in these offices." I almost laughed. Really? Not a word about Bob's hearings, Ashcroft and Daniel J. Bryant? Please look at this document posted on Bob Schulz' web site from Congressman Roscoe Bartlett to Daniel Bryant:


 
 

I immediately fired off an appeal:

Devvy Kidd
P.O. Box 60543
Sacramento, California 95860

Certified Mail Receipt: 7001 2510 0000 2855 8433

September 16, 2002

Co-Director, Office of Information and Privacy
United States Department of Justice
Flag Building, Suite 570
Washington, DC 20530

Re: FOIA Appeal

Sir/Madame:

Enclosed is the response I received to my original FOIA request dated March 10, 2002. It appears that Ms. Pustay has combined two of my FOIAs together: the one for Mr. Ashcroft and the one I filed for Daniel J. Bryant. Therefore, I shall enjoin my two files together.

This response states "no responsive records were located in these offices." It is ludicrous to believe there are no records or any of the material I requested. On July 20, 2001, Congressman Roscoe Bartlett brokered a deal between Daniel J. Bryant and Mr. Rossotti for formal hearings regarding questions on the income tax system.

This was a very serious matter that was negotiated between the aforementioned parties. Eventually, both Mr. Rossotti and the Department of Justice reneged on the deal and refused to send representatives to the scheduled hearings. Considering the amount of fuss over these hearings, to believe there isn't a single scrap of paper, no e-mail, no memos or anything else, absolutely defies reality.

I am appealing this response.

Very truly yours,

Devvy Kidd

Attachments enclosed

                                                                                * * *

I then received another letter from the Department of Justice notifying me that my appeal had been received, but, they're so busy with a "substantial backlog of pending appeals," I'm going to have to wait awhile before they get to mine. I intend to sue on this one and the others I filed on Bob's behalf:

FOIA dated March 10, 2002:

Devvy Kidd
P.O. Box 60543
Sacramento, California 95860

Certified Mail Receipt: 7001 0320 0003 7999 5586

March 10, 2002

Re: Charles O. Rossotti, Commissioner, IRS

Departmental Offices, Disclosure Services
FOIA Request
Room 1054-MT
Department of the Treasury
Washington, D.C. 20220

Sir/Madame:

This is a request under the Freedom of Information Act (5 U.S.C. §552) and the regulations thereunder, including those of the Treasury Department. I am more than willing to pay any reasonable research and copies fees for responding to this request; however, if the costs thereof should exceed $100, please inform me in advance of producing the requested documents. I am not a commercial requester and I seek the documents requested below for personal reasons.

Under the FOIA, I am requesting copies of all notes, which include hand-written material, memorandums, directives, correspondence, inter-agency memorandums, phone records and correspondence generated by Charles O. Rossotti and any of his staff in any capacity to Assistant Attorney General for Legislative Affairs, Daniel J. Bryant dealing with Bob Schulz and the We the People Foundation. This request covers the time  period July 1, 2001, to and including March 1, 2002.

This request includes all notes, which include hand-written material, memorandums, directives, correspondence, inter-agency memorandums, phone records and correspondence generated by Charles O. Rossotti and any of his staff in any capacity to John Ashcroft, Attorney General of the United States and Paul O'Neil, Secretary of the Treasury of the United States dealing with Bob Schulz and the We the People Foundation. This request covers the time  period July 1, 2001, to and including March 1, 2002.

This request includes all notes, which include hand-written material, memorandums, directives, correspondence, inter-agency memorandums, phone records and correspondence  received from John Ashcroft, Attorney General of the United States and Paul O'Neil, Secretary of the Treasury of the United States directed to Charles O. Rossotti dealing with Bob Schulz and the We the People Foundation. This request covers the time  period July 1, 2001, to and including March 1, 2002.

Very truly yours,

Devvy Kidd

                                                                        * * *

I received a letter from Department of Treasury dated August 8, 2002 stating: "A thorough search was performed by the Commissioner's staff, and no records or any communications with Bob Schulz and "We the People Foundation," were found in response to your request." Huh? Can't these people read? I didn't ask for any with Bob Schulz. I immediately filed an appeal:

Devvy Kidd
P.O. Box 60543
Sacramento, California 95860

Certified Mail Receipt: 7001 0360 0004 3146 9190

August 20, 2002

Re: FOIA Appeal

Freedom of Information Request
TIGTA Counsel
IG:CC Room 3057
Internal Revenue Service
Washington, DC 20224

Sir/Madame:

On March 10, 2002, I filed a FOIA (Enclosed)

On August 16, 2002, I received a response from Symeria R. Rascoe, Disclosure Program Analyst for the Department of the Treasury (See Enclosed).  For the past two days I have phoned the number on the letter from Ms. Rascoe several times in an attempt to find the proper office to file my appeal. None of my calls have been returned. I hope this office is the correct one which I located at: http://www.treas.gov/foia/where.htm

In her letter, Ms. Rascoe states that "a thorough search was performed by the Commissioner's (Rossotti) staff and no records or any communications with Bob Schulz and the "We the People Foundation" were found in response to your request."

Well, that may very well be since the request cited above is not the request I made in my original FOIA:

  Under the FOIA, I am requesting copies of all notes, which include
   hand-written material, memorandums, directives, correspondence,
  inter-agency memorandums, phone records and correspondence
  generated by Charles O. Rossotti and any of his staff in any capacity
  to Assistant Attorney General for Legislative Affairs, Daniel J. Bryant
  dealing with Bob Schulz and the We the People Foundation. This
  request covers the time  period July 1, 2001, to and including
  March 1, 2002.

  This request includes all notes, which include hand-written
  material, memorandums, directives, correspondence,
  inter-agency memorandums, phone records and correspondence
  generated by Charles O. Rossotti and any of his staff in any capacity
  to  John Ashcroft, Attorney General of the United States and
  Paul O'Neil, Secretary of the Treasury of the United States dealing
  with Bob Schulz and the We the People Foundation. This request
  covers the time  period July 1, 2001, to and including March 1, 2002.
 

  This request includes all notes, which include hand-written
  material, memorandums, directives, correspondence,
  inter-agency memorandums, phone records and correspondence
  received from John Ashcroft, Attorney General of the United States
  and Paul O'Neil, Secretary of the Treasury of the United States
  directed to Charles O. Rossotti dealing with Bob Schulz and the
  We the People Foundation. This request covers the time  period
  July 1, 2001, to and including March 1, 2002.

As you can see, no where in my original FOIA have I requested records of  any communications between Rossotti,  Bob Schulz or  We the People Foundation. While Mr. Schulz did send several certified mail letters to Mr. Rossotti, which were signed for as proof of delivery, neither Rossotti nor his staff felt the need to respond to legitimate correspondence.

Additionally, it is ludicrous to believe there are no records or any of the material I requested. On July 20, 2001, Congressman Roscoe Bartlett brokered a deal between Daniel J. Bryant and Mr. Rossotti for formal hearings regarding questions on the income tax system. This was a very serious matter that was negotiated between the aforementioned parties. Eventually, both Mr. Rossotti and the Department of Justice reneged on the deal and refused to send representatives to the scheduled hearings.

Based on this erroneous processing of my original FOIA, I am appealing the finding and requesting that a correct search of the information I originally requested be undertaken immediately upon receipt of this appeal.

Very truly yours,

Devvy Kidd

                                                                            * * *

And last, but not least, this FOIA:

Devvy Kidd
P.O. Box 60543
Sacramento, California 95860

Certified Mail Receipt: 7001 0320 0003 7999 5579

March 10, 2002

Re: Secretary of the Treasury, Paul H. O'Neil

Departmental Offices
Disclosure Services
FOIA Request
Department of the Treasury
Washington, DC  20220

Sir/Madame:

This is a request under the Freedom of Information Act (5 U.S.C. §552) and the regulations thereunder, including those of the Treasury Department. I am more than willing to pay any reasonable research and copies fees for responding to this request; however, if the costs thereof should exceed $100, please inform me in advance of producing the requested documents. I am not a commercial requester and I seek the documents requested below for personal reasons.

Under the FOIA, I am requesting copies of all notes, which include hand-written material, memorandums, directives, correspondence, inter-agency memorandums, phone records and correspondence generated by Secretary Paul H. O'Neil and any of his staff in any capacity to Assistant Attorney General for Legislative Affairs, Daniel J. Bryant dealing with Bob Schulz and the We the People Foundation. This request covers the time  period July 1, 2001, to and including March 1, 2002.

This request includes all notes, which include hand-written material, memorandums, directives, correspondence, inter-agency memorandums, phone records and correspondence generated by Secretary Paul H. O'Neil and any of his staff in any capacity to John Ashcroft, Attorney General of the United States and Charles O. Rossotti, Commissioner of the IRS dealing with Bob Schulz and the We the People Foundation. This request covers the time  period July 1, 2001, to and including March 1, 2002.

This request includes all notes, which include hand-written material, memorandums, directives, correspondence, inter-agency memorandums, phone records and correspondence  received from John Ashcroft, Attorney General of the United States, Charles O. Rossotti, Commissioner of the IRS and to Assistant Attorney General for Legislative Affairs, Daniel J. Bryant directed to Secretary Paul H. O'Neil and any of his staff dealing with Bob Schulz and the We the People Foundation.. This request covers the time  period July 1, 2001, to and including March 1, 2002.

Very truly yours,

Devvy Kidd

                                                                              * * *

Devvy Kidd
P.O. Box 60543
Sacramento, California 95860

Certified Mail Receipt: 7001 2510 0000 2855 8525

July 13, 2002

Re: Secretary of the Treasury, Paul H. O'Neil

Departmental Offices
Disclosure Services
FOIA Request
Department of the Treasury
Washington, DC  20220

Sir/Madame:

On March 10, 2002, I filed a FOIA (see enclosed).

To date I have had no response from you about this request. Kindly supply me with the information I have requested or, as mandated by law, your intention to either provide the information or take other action.

Very truly yours,

Devvy Kidd

1 - Encl

                                                                            * * *

The Secretary of the Treasury has simply decided to ignore my request. Right now I'm big time busy as the National Coordinator for Bob's Freedom Drive 2002, but right after Thanksgiving I intend to sue on all these FOIAs. Bob and I want to know what really went on that resulted in the government reneging on their commitment to show up at his hearings.

There have been a few people concerned with my posting my FOIA progress on my site. Judicial Watch posts theirs and I don't see anything wrong with it. Shredding documents is illegal. If some GS-7 wants to take the chance of getting caught doing illegal things ordered from above to cover up the truth, so be it.