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29839 Santa Margarita Pkwy, Ste 100
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-- Thomas Jefferson

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becomes a revolutionary act.
 -- George Orwell

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 -- Mahatma Gandhi



FOIA request and fee sent to the Department of Interior

Posted on | March 6, 2011 | 8 Comments

Dr. Orly Taitz, ESQ

President

Defend Our Freedoms Foundation

29839 Santa Margarita pkwy, ste. 100

Rancho Santa Margarita CA 92688

via Certified Mail

ph. 949-683-5411 faX 949-766-7603

   

03.05.2011

Mr.Ray McInerney

 office of the Secretary

Department of  Interior Mr. Ken Salazar

Office of the SecretaryRay McInerney
MS-116, SIB
1951 Constitution Ave, NW
Washington, DC 20240
(202) 565-1076 begin_of_the_skype_highlighting              (202) 565-1076      end_of_the_skype_highlighting
Fax: (202) 219-2374
E-mail: osfoia@nbc.gov

 

Dear Mr. McInerney

I am requesting US Code 5 §552 FOIA disclosure of the following information in regards to a number of matters where the disclosure of information under US code 5 §552 FOIA is essential in the interest of US National Security and preservation of the 14 th amendment Equal Protections rights of the U.S. Citizents. A copy of this letter is being forwarded to the 36,000 outlets of U.S. and International media, Inspector General of the Department of Justice, Public Integrity Unit.

Additional jurisdiction for disclosure is provided under the following statutes and executive orders

  Laws

Administration Guidance

 

Requested information is as follows: 

1. As the Department of Interior issues security clearances, I am requesting information, as to what documents were provided by Mr. Barack Hussein Obama, in order to obtain security clearance in 2004 as a US senator and in 2008-2009 as US President

2. I will be willing to pay an administrative fee for copying and delivery of such documents.

3.I request such information to be mailed to Orly Taitz, 29839 Santa Margarita Pkwy,ste 100  Rancho Santa Margarita Ca 92688.

4. GS-14 managerial fee of $15.00 is attached

Sincerely

D. Orly Taitz ESQ

Exhibit 1

Department of the Interior

Departmental Manual

Effective Date:  1/8/10

Series:   Law Enforcement and Security

Part 441:  Personnel Security and Suitability Program

Chapter 6:  Security Clearance/Access Requirements 

 

Originating Office:  Office of Law Enforcement and Security

441 DM 6

 

6.1          General.  The provisions of this chapter address National Security positions (Special, Critical or Non-Critical – Sensitive) and are not applicable to Public Trust or Non-Sensitive/Low Risk positions.  Only United States citizens can be granted a security clearance (reference Executive Order (EO) 12968 for exceptions).  The number of individuals granted a security clearance shall be kept to the minimum required to conduct the Bureau/Office mission.  A security clearance should not be granted solely to permit entry to, or ease of movement within, controlled areas when the individual has no need for access to classified information and access may reasonably be prevented.  A security clearance can be granted where circumstances indicate individuals may be inadvertently exposed to classified information in the course of their duties.  Bureau/Office Security Officers are ultimately responsible for granting security clearances within their respective Bureau/Office.  When there is a demonstrated need for an employee to have access to classified information the employee’s supervisor or designee shall collaborate with the servicing Human Resources/Personnel Office to update the position description and the position designation. Servicing Human Resources/Personnel Offices will consult with their respective Security Officers prior to affecting a National Security position designation.

6.2          Sensitive Position Standard.  National Security positions shall be designated as specified in 441 DM 3.  An appropriate background investigation commensurate with the position sensitivity designation shall be conducted in accordance with the requirements specified in 441 DM 4.  An eligibility determination for access to classified information or assignment to sensitive duties shall be based on a favorably adjudicated background investigation.

6.3          Granting a Security Clearance.  Confidential security clearances are not granted within the Department of the Interior (DOI).  While not recommended, an interim security clearance may be granted prior to the completion and favorable adjudication of the appropriate background investigation if adequate local pre-grant background checks and a justified need are approved by the Bureau/Office Security Officer (for Secret) and the Office of Law Enforcement and Security  (OLES) (for Top Secret).  The Bureau/Office Security Officer determines what pre-grant checks are adequate.  Interim access may only be granted with this approval and verification of the scheduling by OPM of a fully expedited background investigation at an appropriate level.  Final (non-interim) security clearance access may not be granted until the following procedures have been successfully implemented:      

                A.            Verification of U.S. Citizenship.  A Background Investigation (BI) completed before September 1, 1979, the current Single Scope Background Investigation (SSBI), and formerly the Special Background Investigation (SBI), normally included citizenship verification.  However, validation is necessary to ensure citizenship was proven at the time the investigation was conducted.  OPM currently includes citizenship verification as part of the SSBI, but must be specifically requested for other types of investigations.  Eligibility for a security clearance of persons claiming both U.S. and foreign citizenship shall be determined by application of the adjudication policy on dual citizenship under the “Foreign Preference” guideline.  The Immigration Reform and Control Act of 1986 requires servicing Human Resources/Personnel Offices to verify U.S. citizenship for newly hired government employees.  Any employee hired subsequent to implementation of this Act is required to provide acceptable proof of citizenship before appointment can be effected.  Employees hired prior to the Act were not required to submit proof of U.S. citizenship.  Form I-9, Employment Eligibility Verification that is used by the servicing Human Resources/Personnel Offices as certification for U.S. citizenship, may be used as acceptable proof of U.S. Citizenship for security clearance purposes, provided proof is one of the following documents:

                                (1)          If the individual was born in the U.S., a birth certificate officially issued and certified by a state or county agency is acceptable, provided it shows the birth record was filed shortly after birth and it bears a registrar’s signature.  All documents submitted as evidence of birth must be original or certified copies.  Uncertified copies are not acceptable.  Acceptable birth certifications are:

                                                (a)          A delayed birth certificate (a record filed more than one year after the date of birth) is acceptable, if it shows that the report of birth was supported by secondary evidence as described in (c) below.

                                                (b)          A hospital birth certificate is acceptable if all of the vital information is given and it has an authenticating seal or signature.  This excludes acceptance of birth certification from commercial birth centers or clinics.

                                                (c)           If none of these primary forms of evidence is obtainable, a notice from the registrar that no birth record exists should be submitted.  The registrar’s notice must be accompanied by the best combination of secondary evidence obtainable.  Secondary evidence includes:  (1) a baptismal certificate; (2) a certificate of circumcision; (3) affidavits of persons having personal knowledge of the facts of the birth; or (4) other documents such as early census, school or family bible records, newspaper files, and insurance papers.  The secondary evidence should have been created as close to the time of birth as possible.

                                (2)          If citizenship was acquired by birth abroad to a U.S. citizen parent, (a) a Certificate of Citizenship issued by the Immigration and Naturalization Service; (b) a Report of Birth Abroad of a Citizen of the United States of America (State Department Form FS 240); or Department of State, is acceptable documentation.

                                (3)          In cases of U.S. citizenship by naturalization, a Certificate of Naturalization is required.  A Certificate of Citizenship is required if the individual claims to have derived U.S. citizenship through the naturalization of the parent(s).  If the individual does not have a Certificate of Citizenship, the Certificate of Naturalization of the parent(s) may be accepted if the naturalization occurred while the individual was under 18 years of age (or under 16 years before 5 October 1978) and residing permanently in the U.S.  Certificates must be originals, as it is illegal to make copies.

                                (4)          A U.S. passport issued to the individual or one in which the individual is included.

                                (5)          Covered under the provisions of the Child Citizenship Act (CCA), effective February 27, 2001.

Additionally, effective October 1, 2007, all Federal departments and agencies must verify their new hires through the Employment Eligibility Verification Program (E-Verify).  This program complements existing implementation plans in support of Homeland Security Presidential Directive 12 (HSPD-12).  The program allows employers to verify name, date of birth, and social security number, along with immigration information for non-citizens, against Federal databases in order to verify the employment eligibility of both citizen and non-citizen new hires.

                B.            SF 312, Classified Information Non-Disclosure Agreement (NDA).  The SF 312 NDA is a non-disclosure agreement required under EO 13292 to be signed by employees of the Federal Government or one of its contractors when they are granted a security clearance for access to classified information.  Individuals eligible for access to classified information shall be provided an explanation regarding the purpose of the NDA and have the opportunity to read the applicable Sections of Titles 18 and 50 of the United States Code and other Acts referred to in the SF 312.  The execution of the SF 312 must be witnessed and the witnessing official must sign and date the NDA at the time it is executed.  The witnessing official is normally the Bureau/Office Security Officer but could be any other current government employee or authorized representative designated to act as an agent of the United States by the DOI component authorized to grant the clearance.  The SF 312 must be accepted by the Bureau/Office Security Officer, or designee, who if not the witnessing official will verify the witnessing official’s authenticity.  Executed SF 312s shall be maintained for 70 years from the date of signature.  The completed NDA forms shall be retained in the Bureau/Office Security Office where the clearance was granted.  If the person refuses to sign the NDA, they shall not be granted a security clearance.  Execution of an NDA is required only when the clearance is initially granted.  Intra-agency reassignment or transfer requires an SF-312 debriefing at the losing Bureau/Office and re-briefing and execution of a new SF-312 at the gaining Bureau/Office prior to a re-granting of a new clearance.  Movement within a Bureau/Office from one location to another does not require the execution of a new NDA.

                C.            Security Briefings.  Prior to executing an NDA, a security briefing shall be provided and, at a minimum, shall familiarize the individual with the security policies and procedures for handling and protecting classified information and applicable Departmental regulations.  An individual shall be provided with a copy of the document, Extracts of the Espionage Laws and Sabotage Acts and Other Federal Criminal Statutes (available from OLES), an SF-312 Briefing Booklet, and all applicable issuances cited within the SF-312 form.

                D.            National Security Position Certification.  A National Security position certification shall be prepared when a favorable determination, security briefing, and clearance grant is made by the Bureau/Office.  A Certification (Illustration 1 of this chapter) or equivalent shall be prepared with the original being forwarded to Bureau/Office Official Security File.  A copy of the OPM Certification of Investigation will be forwarded to the servicing Human Resources/Personnel Office to be filed in the employee’s Official Personnel Folder.

                E.            Timing.  A security clearance may be granted any time prior to the validity of the background investigation scope expiring (e.g., five years for an SSBI and a Top Secret grant, ten years for a BI or lower to an ANACI/NACLC for a Secret grant) provided the requirements set forth in this section have been satisfied.

6.4          North Atlantic Treaty Organization (NATO) Security Clearances.  The supervisor of an employee who requires a NATO security clearance shall submit a written request through their Bureau/Office Security Officer, to OLES justifying the need for the clearance.  Based on a favorable adjudication of the appropriate background investigation, OLES will schedule the briefing and grant the security clearance.

6.5          Security Clearances Under the National Industrial Security Program (NISP).  Clearances for contractor staff will be processed under the provisions of the National Industrial Security Program (NISP) (DM Part 443) and may be granted when there is a bona fide requirement for access to classified information in connection with performance on a classified contract.  Contractor background investigations are conduced by the Defense Security Service.  Investigation results are adjudicated and security clearance eligibility is established by the Defense Industrial Security Clearance Office (DISCO).

6.6          Security Clearance Administrative Withdrawal or Adjustment.  The Bureau/Office Security Officer shall ensure positions occupied by individuals granted security clearances are periodically reviewed to determine a continuing requirement for the clearance.  Excessive access, unnecessary or unjustified clearances shall be administratively withdrawn or downgraded.  The individual shall be debriefed and shall sign the Security Debriefing Acknowledgement on the reverse side of the SF-312.  Failure to sign a debriefing acknowledgement does not negate the individual’s inherent responsibility to continue to safeguard the classified information to which they had access.  The signed Security Debriefing Acknowledgement is maintained in the individual’s Bureau/Office Official Security File.  When the level of security clearance/access required for the individual’s official duties change, the Bureau/Office Security Officer will adjust the security clearance accordingly, provided the individual meets the investigation requirement commensurate with that level of security clearance.  The servicing Human Resources/Personnel Office will also adjust the position designation and position description accordingly.  The administrative withdrawal or lowering of a security clearance is not authorized when prompted by developed derogatory information.  Developed derogatory information must be fully resolved through the adjudicative process.  In the interest of national security, the Bureau/Office Security Officer may immediately suspend the individual’s security clearance/access for a temporary investigative and adjudicative period, pending any supplemental investigation and the adjudicative determination of the derogatory information.  When warranted, a Reimbursable Suitability Investigation (RSI) should be initiated through OPM to resolve the issue(s).

6.7          Security Clearance Denial or Revocation.  If an individual either fails or ceases to meet the standards for a security clearance, the procedures provided in 441 DM 5.9 shall apply.

6.8          Re-establishment of Security Clearance Eligibility.  Following an unfavorable security determination and denial or revocation of a security clearance, an individual may be reconsidered or may request reconsideration for a security clearance or assignment of sensitive duties no earlier than 12 months from the date of the final decision of denial or revocation.  An individual’s eligibility can only be re-established under the following circumstances:  there is a bona fide offer of employment that requires a security clearance/access and there is convincing evidence of rehabilitation or reformation or new evidence that was not presented earlier during the unfavorable security determination process.  If these conditions are met, then the individual must provide the Bureau/Office Security Officer with a letter outlining the reasons why their access authorization should be reconsidered.  The Bureau/Office Security Officer will then determine whether the requirements of the regulations have been met and notify the individual of the results.  If the determination is favorable then the clearance process begins again.  There is no limitation on the number of times an individual may file for re-establishment of security clearance eligibility.

6.9          Annual Refresher Briefings.  Bureau/Office Information Security or Operations Security (OPSEC) programs are responsible for coordinating, conducting and tracking annual briefings.  Documentation of annual briefings may be filed in the Bureau/Office Official Security File.

Illustration 1

 

CERTIFICATE OF FAVORABLE ADJUDICATIVE

DETERMINATION OF A BACKGROUND INVESTIGATION,

SENSITIVE NATIONAL SECURITY POSITION BRIEFING,

AND

SECURITY CLEARANCE GRANT CERTIFICATION

 

To: Official Personnel Folder

This is to certify that the below named individual has been found suitable to occupy a sensitive position and for access to classified information and has been briefed on his/her responsibilities in safeguarding classified information, as specified in Part 442 DM including the signing of a witnessed SF-312.  In addition, he/she has been advised of and understands the responsibilities and sensitivity pertaining to the sensitive position to which he/she has been assigned; and he/she agrees to perform his/her duties in a responsible manner, adhering to National Security standards as evidenced by execution of an SF-312. 

When access to classified information is no longer required, whether due to a “need-to-know” or termination of employment, the Security officer should be notified by the employee’s supervisor/manager and/or Human Resources in order to ensure that the individual concerned completes the Security Debriefing Acknowledgement on the reverse side of the SF 312, Classified Information Nondisclosure Agreement.

                                NAME:

                                POSITION:

                                CLEARANCE LEVEL/DATE:

This security clearance is granted in accordance with Executive Orders 10450 and 12968 and is clearly consistent with the interests of national security based on the following investigation which was favorably adjudicated:

                                OPM (Case Type & Case #) #:

                                Date Case Closed:

                                                                                                                                ____________________________  __________

                                                                                                                                Security officer                                                                 Date

CC:

Supervisor/Manager

Technical Leader (when applicable)

Personnel Security File

Comments

8 Responses to “FOIA request and fee sent to the Department of Interior”

  1. Theodore F. Bindin
    March 6th, 2011 @ 9:25 am

    The way to go, Orly !

    You are reknown as a real sly attorney and know the in and outs and the backdoors to the hidden government information !

    Will one departments security clearing be sufficient to break Obamas neck (as the saying goes), or will you have to nudge other departments too ? The DOD must have built a huge file on Obama before giving him access to the famous Red Telephone and the Atomic War button.

  2. Chum Lee
    March 6th, 2011 @ 11:08 am

    President’s do not need security clearances at all. The source of law for security clearances are Executive Orders with the President delegating issuance authority.

    Reagan, Bush I, Clinton, Bush II, and now Obama never had to submit for a security clearance of any type.

  3. Thayne Doak
    March 6th, 2011 @ 1:52 pm

    Orly,
    Brilliant!! You just keep getting better every day! When this is all over, I hope you are nominated for a Freedom Award! Awesome!
    Thayne Doak

  4. Brian
    March 7th, 2011 @ 10:15 am

    Do you mean the DOD that imprisons its own American soldiers or another DOD?

  5. dr_taitz@yahoo.com
    March 7th, 2011 @ 3:38 pm

    I know. There is a reason, you will understand later

  6. Henry Tisdale
    March 8th, 2011 @ 6:45 am

    Well, Orly, it seems SCOTUS not only hears the fight between FOIA and corporations, but moreover decides in favor FOIA. The test case involved AT&T who felt their right to privacy as a corporation was violated.

    Here is an article today which raises the question, “Does our Public Figure, President Obama hold such privacy AGAINST the people who elected him?”

    By Brent Kendall
    Published March 01, 2011

    “WASHINGTON -(Dow Jones)- The U.S. Supreme Court on Tuesday limited the ability of corporations to block the public disclosure of documents filed with the government, ruling that personal-privacy rights do not apply to corporations under the Freedom of Information Act.
    The high court ruled unanimously against AT&T Inc. which was seeking to block the disclosure of emails and other potentially embarrassing documents it provided to the Federal Communications Commission during a 2004 agency investigation of whether the telecommunications giant overbilled the New London, Conn., public schools.
    The court, in an opinion by Chief Justice John Roberts, said corporations don’t get to enjoy certain personal-privacy exemptions included in FOIA, a key public disclosure law.
    “The protection in FOIA against disclosure of law enforcement information on the ground that it would constitute an unwarranted invasion of personal privacy does not extend to corporations,” Roberts wrote. ‘We trust that AT&T will not take it personally.’”

  7. Henry Tisdale
    March 8th, 2011 @ 7:08 am

    Chum Lee, those “uninvestigated” presidents you named were unmistakably AMERICANS, and all of them were likely cleared as military officers, as I was. It is not a trivial little thing having your security clearance background checked. One will sign one’s life away swearing one is a truthful man.

    Obama, with his Muslim name, and his secretive sealing of all his records, including the only thing which could support his claim to being an American citizen, provides sufficient grounds for the FBI to investigate his background thoroughly. Had they done this, we would know exactly where he was born. But then, if the CIA did in fact groom him and pay (from our pockets) his college fees, etc., said FBI would not touch his background. War between high intelligence constabularies?? No way. LOL

  8. John
    March 8th, 2011 @ 5:57 pm

    “There is a reason, you will understand later”

    The first statement is probably true, but unfortunately it only exists in Orly’s head. The probability of the second statement coming true is very low indeed.

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