U.S. Department of Justice
Federal Bureau of Investigation
Washington, D. C. 20535
March 26, 1986
Mr. Gerald Armstrong
Flynn and Joyce
400 Atlantic Avenue
Boston, Massachusetts 02210
Dear Mr. Armstrong:
This is in response to your administrative appeal, number 85-1830, from denial of access by the Boston Field Office to records concerning you.
We have agreed with the Office of Information and Privacy, U.S. Department of Justice, to make the additional release of information contained in the attached records.
Regarding your December 9, 1985, request to correct the FD-302 report dated November 4, 1985, please be advised that your letter will be appended to this FD-302 as a matter of official record so that any future reader of this document will have the benefit of your comments and observations.
I hope the above meets with your satisfaction.
Sincerely yours,
[Signed] Emil P. Moschella
Emil P. Moschella, Chief
Freedom of Information-Privacy
Acts Section
Records Management Division
You appealed from the action of the Boston Field Office of the Federal Bureau of Investigation on your request for access to records pertaining to yourself.
As a result of discussions between Bureau personnel and members of my staff, a supplemental release of records either has been or will soon be made to you directly by the F.B.I. In light of this fact and after careful consideration of your appeal, I have otherwise decided to affirm the action in this case. You are the subject of one Field Office main file–Impersonation. Certain information was properly withheld from you pursuant to 5 U.S.C. 552(b)(7)(C) and (7)(D). These provisions pertain to investigatory records compiled for law enforcement purposes, the release of which would, respectively, constitute an unwarranted invasion of the personal privacy of third parties, in one instance by revealing an investigative interest in that person on the part of the F.B.I., and disclose the identities of confidential sources and confidential information furnished only by such sources. Names of Bureau agents were among the items excised on the basis of 5 U.S.C. 552(b)(7)(C). None of the information being withheld is appropriate for discretionary release.
Please be advised that nine additional pages have been added to your file since the date of the Bureau’s response to you. Those documents were reviewed as part of this appeal and eight will be released to you directly by the Bureau. The ninth page is properly withheld pursuant to Exemptions 7(C) and 7(D), 5 U.S.C. §552(b)(7)(C) and (7)(D). In addition, please note that the Bureau incorrectly advised you that five pages were withheld in full. Actually, only four pages were so withheld. Finally, to the extent your appeal letter seeks correction or amendment of records, please be advised that Bureau Headquarters is handling that matter.
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Judicial review of my action on this appeal is available to you in the United States District Court for the judicial district in which you reside or have your principal place of business, or in the District of Columbia, or in the District of Massachusetts, which is where the records you seek are located.
Sincerely,
[Signed] Richard L. Huff
Richard L. Huff, Co- Director
Office of Information and Privacy
Letter from DOJ to GA re appeal (December 17, 1985)
Mr. Gerald D. Armstrong
Flynn & Joyce
400 Atlantic Avenue
Boston, Massachusetts 02210
Re: Boston Field Office
Dear Mr. Armstrong:
This is to advise you that your administrative appeal from the action by the Federal Bureau of Investigation on your request for information from the files of the Department of Justice was received by this Office on December 16, 1985.
The Office of Legal Policy, which has the responsibility of adjudicating such appeals, has a substantial backlog of pending appeals received prior to yours. In an attempt to afford each appellant equal and impartial treatment, we have adopted a general practice of assigning appeals in the approximate order of receipt. Your appeal has been assigned number 85—1830. Please mention this number in any future correspondence to this Office regarding this matter.
We will notify you of the decision on your appeal as soon as we can. The necessity of this delay is regretted and your continuing courtesy is appreciated.
