1998-08-05 - FOIA appeal

Header Data

From: bill payne <billp@nmol.com>
To: george breznay <senatorlott@lott.senate.gov
Message Hash: d0921dad45d7cb538c3f4fa4d6c0a4c2d22a29b75ac6791d059eb8a733c3cded
Message ID: <35C8BE3D.629B@nmol.com>
Reply To: N/A
UTC Datetime: 1998-08-05 20:28:42 UTC
Raw Date: Wed, 5 Aug 1998 13:28:42 -0700 (PDT)

Raw message

From: bill payne <billp@nmol.com>
Date: Wed, 5 Aug 1998 13:28:42 -0700 (PDT)
To: george breznay <senatorlott@lott.senate.gov
Subject: FOIA appeal
Message-ID: <35C8BE3D.629B@nmol.com>
MIME-Version: 1.0
Content-Type: text/plain

Wednesday 8/5/98 1:50 PM

George B. Breznay, Director
Office of Hearings and Appeals
Department of Energy
Washington, DC 20585

Dear Director Breznay:

Purpose of this letter is to ask you to properly process a Freedom of
Information Act
(FOIA) appeal.

I attach a copy of my Tuesday February 17, 1999 15:11 FOIA. letter to
Elva Barfield.

Albuquerque  Journal w 8/5/98 reports

  FBI Director Again Calls for Fund-Raising Probe

  By Kevin Galvin
  The Associated Press

  WASHINGTON - The FBI director told lawmakers Tuesday an independent
  counsel should be named to investigate Democratic fund raising in
  part because President Clinton and Vice President Al Gore are
  under scrutiny. ...

June 11, 1998 I received a letter from Tomas O. Mann,  Deputy Director,
Office of Hearings
Hearing and Appeals.

Mann wrote

  It is unclear from your correspondence whether you are in fact
appealing Ms. Barfield's March 30
  determination at this time.  If you wish to appeal that determination,
please inform this Office 
  as soon as possible by stating your intention in writing, either by
mail to George B. Breznay,     Director, Office Office of Hearings and
Appeals, U.S. Department of Energy, Washington,  D.C.     20585-0107, or
by e-mail to George.Breznay@hq.doe.gov.

I comply with Mann's request.

Since the contents of the documents sought in my FOIA may shed light on
possible wrongdoing by
VP Al Gore, I ask that you process this appeal within the time limits
specified by law.

  An agency is required to make a decision on an appeal
  within 20 days (excluding Saturdays, Sundays, and legal
  holidays). It is possible for an agency to extend the time
  limits by an additional 10 days.


William H. Payne
13015 Calle de Sandias NE
Albuquerque, NM 87111


Tuesday February 17, 1999 15:11

e-mail and mail

Ms. Elva Barfield
Freedom of Information Office
U. S. Department of Energy
Albuquerque Operations Office/OIEA
POB 5400
Albuquerque, NM 87185-5400

Dear Ms. Barfield:

VP Al Gore is in the crypto business.

  Information SuperSpyWay 
  Al Gore Approved
  Encryption for China
  in Return for
  Campaign Donations
  by Charles R. Smith

Portions of the above document posted on Internet at 
http://www.us.net/softwar/ and  http://www.aci.net/kalliste/ 

1.	Gore charged with encryption policy according to PDD-5 and 
        PRD-27 on April 16, 1993. 

2.	Government officials represent themselves on Al Gore's behalf for 
	RSA patent purchase negotiations in Feb. 1994. 
3.	RSA chairman Bidzos meets with Chinese officials at the same 
        time as Ron Brown in Oct. 1995. 

4.	RSA Chairman Bidzos enters into merger negotiations with Security 
	Dynamics, a company backed by Sanford Robertson, in Nov. 1995. 

5.	VP Gore calls Sanford Robertson from the White House for a 
        donation in Nov. 1995. 

6.	Robertson delivers $100,000 donation ($80,000 soft - $20,000 
	directly into the Clinton/Gore campaign) in Jan. 1996. 
7.	RSA signs deal with China in Feb. 1996. The administration 
	previously prosecuted similar deals but this time does nothing. 
8.	Justice Dept. approves RSA merger with Security Dynamics in 
	April 1996 for $280 million dollars, netting Sanford Robertson's 
	company a cool $2 million just to write the deal. 

In 1991 I was in involved with Sandia National Laboratories
Comprehensive Test Ban Treaty seismic data authenticator.

At that time Sandia director Tommy A Sellers had assumed 
responsibility for directorship from Robert Clem.

Sandia supervisor Tom Wright replaced my supervisor, John Holovka, 
who was the supervisor for the CTBT seismic data authenticator.

Wright brought in Ph.D. Steven Goldsmith to supervise me.

Sellars, Wright, and Goldsmith were new to crypto-type projects.

Much of this is documented at http://www.jya.com/whp021598.htm.

This is evidenced by Sellar's attached SEP 24 1991 memorandum,
which Goldsmith help author, addressed to Dr James J Hearn at 
the National Security Agency.

The SEP 24 memorandum contained a number of technical errors.

I corrected these errors in my attached December 20, 1991 memorandum.

Department of Energy and it predecessors have a well-documented
history of not requiring technical expertise for pursuit of interests.

Stewart Udall, The Myths of August, writes,

    Any cover-up must be implemented and enforced by designated
  agents, and one man emerged in 1953 as the quarterback of the 
  AEC's damage-control effort.  His name was Gordon Dunning.
  Although the personnel charts of the 1950s list him as a low-level 
  "rad-safe" official in the Division of Biology and Medicine,           
  documents demonstrate that he was clothed with authority to    
  manage and suppress information about the radiation released
  by the testing of nuclear weapons. ...

About the time Sellers and Sandia Ombudsman gave me a directed
transfer to break electronic locks for the FBI/ERF [engineering
research facility], Goldsmith and Wright, certainly with the approval
of Sellers, placed a contract with RSA Inc [http://www.rsa.com/], 
I was told.

Ms Barfield, we think the American public needs to know more about
RSA's work with Sandia National Laboratories.

Therefore, Under the provision of the Freedom of Information Act, 
5 USC 552, I am requesting access to: 

  1 ALL purchase requisitions, including any attached statement of
    work, issued by Sandia National Laboratories, Los Alamos     
    National Laboratories, or DOE/ALOO between January 1, 1991
    and February 17, 1998 to RSA Inc.

  2  Copies of all invoices from RSA Inc received by Sandia National   
     Laboratories, Los Alamos National Laboratories, or DOE/ALOO 
     between January 1, 1991  and February 17, 1998

If there are any fees for searching for, or copying, the records 
I have requested, please inform me before you fill the request.

As you know, the Act permits you to reduce or waive the fees 
when the release of the information is considered as "primarily 
benefiting the public."  I believe that this requests fits that 
category and I therefore ask that you waive any fees.

Your office agreed to waive fees before.  This request is surely 
of "public interest."

December 13, 1994 DOE/AL FOIA officer Gwen Schreiner waived fees
for the reason,

        "We have considered your request and have determined that
        release of the requested records is in the public interest,
        that disclosure of this information is likely to contribute
        significantly to public understanding of the operations or
        activities of the government, that you or the organization
        you represent have little or no commercial interest in the
        material contained in the records, that you or the
        organization you represent have the qualifications and
        ability to use and disseminate the information, and that the
        records are not currently in the public domain.  A waiver of
        fees is therefore granted."

This waiver of fees was, undoubtedly, issued as a result of former
Energy Secretary Hazel O'Leary's Openness initiative.

Heart of America paid my way to hear Secretary O'Leary's celebrated
whistleblower speech.

If all or any part of this request is denied, please cite the 
specific exemption(s) which you think justifies your refusal to 
release the information and inform me of your agency's 
administrative appeal procedures available to me under the law.

I would appreciate your handling this request as quickly as 
possible, and I look forward to hearing from you within 20 
working days, as the law stipulates.


William Payne
13015 Calle de Sandias
Albuquerque, NM 87111