U.S. Department of Justice
Federal Bureau of Investigation
Washington, D.C. 20535
May 22, 2018
Edward J Harvilla, Esquire
Sonic Vest Company
FOIPA Request No. [Redacted]
Subject: OTD Interim Report on Sonic Attacks in Cuba
Dear Mr. Harvilla:
This in response to your Freedom of Information Act (FOIA) request.
The FBI can neither confirm nor deny the existence of records responsive to your request pursuant to FOIA exemptions (b)(1) and (b)(3) [5 U.S.C. 552 (b)(1) and (b)(3)]. The FBI is an intelligence agency as well as a law enforcement agency. In its capacity as an intelligence agency, the FBI compiles records while carrying out its responsibility to investigate threats to national security and gather foreign intelligence.
The nature of your request implicates records the FBI may or may not compile pursuant to its national security and foreign intelligence functions. Accordingly, the FBI cannot confirm or deny the existence of any records about your subject as the mere acknowledgement of such records existence or nonexistence would in and of itself trigger harm to national security interests per Exemption (b)(1) and/or reveal intelligence sources and methods per Exemption (b)(3); 50 U.S.C. 3024(i)(1).
It is unnecessary to adjudicate your request for a fee waiver, as no fees are being assessed.
For your information, Congress excluded three discrete categories of law enforcement and national security records from the requirements of the FOIA. See 5 U.S.C. 552(c) (2006 & Supp. IV (2010). This response is limited to those records that are subject to the requirements of the FOIA. This is a standard notification that is given to all our requesters and should not be taken as an indication that excluded records do, or do not, exist.
[Boilerplate FBI Contact, Appeal, and Dispute Resolution Paragraphs Redacted]
[FBI Signer’s Name Redacted]