erik larson <91erik@gmail.

com>

FW: FOIA Request: 2002 Hill memo re: Steven Butler testimony
1 message NSDFOIA (NSD) <NSDFOIA@usdoj.gov> To: erik larson <91erik@gmail.com> Re: FOIA/PA # 11-239 Wed, Sep 21, 2011 at 1:58 PM

Dear Mr. Larson:

This is in reference to your email dated July 11, 2011 for information on the 2002 memo sent to DOJ by Eleanor Hill, Staff Director of the Joint Intelligence Committee inquiry into 9/11 (JICI) regarding the testimony of FBI Special Agent Steven Butler; records of receipt and distribution of the Hill memo within DOJ; internal and external DOJ correspondence, email, memos, briefings and other types of communication concerning the Hill memo and/or content. Your Freedom of Information Act request was received on July 12, 2011.

The Office of Intelligence Policy and Review (now the Office of Intelligence) and the Counterterrorism and Counterespionage Sections of the Criminal Division were consolidated to form the National Security Division (NSD) whose core mission is to coordinate the Departments efforts to combat terrorism and protect national security. The NSD is responsible for assisting the Attorney General and other senior Department and Executive Branch officials in ensuring that the national security related activities of the U.S. are consistent with relevant law; overseeing terrorism investigations and prosecutions; handling counterespionage cases and matters; obtaining court authorization for the collection of foreign intelligence under the Foreign Intelligence Surveillance Act (FISA); and conducting oversight of intelligence agency compliance with certain national security legal requirements.

The Office of Intelligence (OI) maintains operational files which consist of copies of all FISA applications, as well as requests for approval of various foreign intelligence and counterintelligence collection techniques such as physical searches. We did not search these records in response to your request because the existence or nonexistence of such records on specific persons or organizations is properly classified under Executive Order 12958, as amended. To confirm or deny the existence of such materials in each case would tend to reveal which persons or organizations are the subjects of such requests. Accordingly, we can neither confirm nor deny the existence of records in these files responsive to your request pursuant to 5 U.S.C. 552(b)(1).

In response to your request, this office conducted a search of the files of the Office of the Assistant Attorney General and the Counterterrorism Section. We did not locate any responsive records subject to FOIA.

If you are not satisfied with this response, you may administratively appeal by writing to the Director, Office of Information Policy, United States Department of Justice, 1425 New York Avenue, NW, Suite 11050, Washington, D.C. 20530-0001. Your appeal must be received within sixty days of the date of this letter. Both the letter and envelope should be clearly marked Freedom of Information Act Appeal.

Sincerely, Arnetta Mallory Freedom of Information Coordinator Department of Justice National Security Division arnetta.mallory@usdoj.gov 202-233-0754 office 202-233-2607 fax

From: NSDFOIA (NSD) Sent: Wednesday, August 03, 2011 10:43 AM To: 'erik larson' Subject: RE: FOIA Request: 2002 Hill memo re: Steven Butler testimony