Update: An updated reference to an email appears at the end of this post.
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OIG Hotline, the following content was sent to the attention of your Office within my gmail accounts on April 14, 2024 at 12:21 PM.
Because I know that the costs of fulfilling FOIA requests are typically borne by requesters, I hereby confirm that I will pay up to $10,000 in reimbursement of costs relating to the successful and complete fulfillment of all materials pursuant to my FOIA request if they arrive safely in my hands by April 22, 2024, one week from tomorrow.
If materials demonstrate tampering, or redaction or omission that are unapproved by the OIG Hotline, however, the full costs of provision are to be paid by the FBI.
I believe a courier, assigned by your Office, with email or phone confirmation to me regarding this person's identity and arrival time, together with all of the other security precautions delineated below, are well justified in this case.
While I am holding open the possibility that my FOIA request can be fulfilled in its entirety, I will be interviewing attorneys over this next week who might be able to help me address outstanding private liabilities.
In the absence of any direct contact from your Office prior to April 22, 2024, this is the only avenue left to me to ensure my safety and that of my family.
Having said that, I will appreciate all efforts to fulfill my FOIA request in its entirety and to make direct contact with me within this time period.
Thank you for allowing me to express these details.
Most sincerely,
Lane MacWilliams
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1. You were informed that materials responsive to your FOIA request were mailed to you through the U.S. Postal Service.
Answer: Yes, I was.
2. What happened after that?
Answer: The FBI allegedly pulled that certified copy from the mail quite easily and began redacting its contents.
3. Given the FBI's past actions in this regard, was this event predictable?
Answer: I believe it was, yes. It was likely both predictable and predicted.
4. The FBI has extensive access to the USPS, FedEx and UPS. If you were responsible for conveying high priority content under these circumstances, what would you do?
Answer: I would place some hard-to-duplicate watermarks or other rare identifiers on the pages themselves. Then I would hire a high level courier and put him or her on a plane with explicit delivery instructions. Then, I would contact the intended recipient to inform her that, at 3;00 PM on such and such a date, materials with the following identifiers, seal, certifications, and markings would be in her hands, and upon receipt, she should call a given office and individual immediately to verify legitimacy and completeness of the contents.
5. That sounds fairly involved.
Answer: These are the steps that are likely necessary, and these are the steps that I would take.
To do less than this is probably to guarantee failure.
6. Was the government pressured to say that the FOIA request had been mailed?
Answer: I believe there was advocacy from Congress, yes -- advocacy for which I remain extremely grateful.
7. But standard means of delivery, even with a certified copy, were insufficient.
Answer: They were insufficient, yes.
8. Should there be another send of this material, employing the measures you recommended?
Answer: I believe there should be, and on an immediate basis.
The FBI can, given enough time, duplicate or bypass any security measures. But, if the security markings are rare, complex, multiple, and take time to reproduce, a courier on a plane can arrive before sufficient forgery time has elapsed.
This is a situation that is important enough that materials should not be handed to the courier until the gate check at the airport.
On arrival, his or her location can easily be tracked.
Requiring the courier to wear a Boblov camera that is recording at all times for later review would lend itself to needed transparency as well. These devices offer fifteen hours of continuous footage.
On delivery, the courier would turn around, board a return plane, and surrender the camera to an Office staff member of impeccable integrity at the airport for review, and to ensure that there are no gaps in footage.
This is doable.
9. In the absence of these measures?
Answer: In the absence of these efforts, tangible information regarding the FBI's knowing perpetration of falsified law enforcement reporting will continue to be suppressed.
10. You believe extraordinary efforts to ensure the security of this mailing are justified.
Answer: The democracy is worth extraordinary efforts. So, yes. They are not only justified, they are necessary and transformative.
11. Given the threats of forgery of the certified copy that was already mailed, should the OIG Hotline wait until you receive it to send a complete copy with the security provisions delineated above?
Answer: No, I don't believe so. Another complete copy with vastly enhanced security provisions described here should be produced and sent right away.
12. Will you inform us if you receive any materials whatsoever?
Answer: I will.
Lane MacWilliams
*Please note that the above information was sent to my gmail accounts with a subject heading Arrangements for a Secure FOIA Mailing (revised) at 8:47 PM on April 14, 2024.
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