FBI Vacuums Up Local Law Enforcement Documents To Block Open Records Requests About Orlando Shooting

from the PROPERTY-OF-THE-FBI-stamp-ink-running-dangerously-low dept

Thu, Jul 7th 2016 10:38am — Tim Cushing

The FBI has decided to insert itself into another public records battle. The agency has long been known to cc: itself to public records requests for Stingray documents, but this time it's claiming any requests for local law enforcement documents related to the Orlando nightclub shooting need to be routed through it.

A June 20 letter from the FBI, attached to the City or Orlando's lawsuit over withholding 911 calls and other records from 25 media outlets including the Orlando Sentinel, was also sent to the Seminole County Sheriff's Office with instructions pertaining to how they should respond to records requests.

The letter requests that agencies deny inquiries and directs departments to "immediately notify the FBI of any requests your agency received" so "the FBI can seek to prevent disclosure through appropriate channels, as necessary."

Notice the FBI says "prevent disclosure," rather than, say, "assist in determining which documents can be released." The letter [PDF] claims that all records generated by local law enforcement agencies are now the FBI's by proxy and that the "investigative documents" exemption [Exemption 7(A)] prevents the release of all documents related to the shooting.

The FBI flat-out states all documents are belong to it.

The FBI considers information obtained from state and local law enforcement agencies in furtherance of its investigation to be evidence, or potential evidence.

Presto! Instant blanket exemption from disclosure at both federal and state level. The FBI takes care to point out which Florida Sunshine Law exemption local agencies can use to withhold documents from requesters.

There's significant public interest in these documents, especially those related to EMS/police response to emergency calls. This obviously conflicts with the FBI's determination that its ongoing investigation -- which now apparently contains every document created by every responding law enforcement agency in Florida -- should preempt any and all requests for documents via Florida open records laws.

Not for nothing have there been several efforts mounted to alter blanket exemptions like the one the FBI is using to insert itself into local level records requests. Unfortunately, it's very likely the FBI's wielding of this "open investigation" exemption will be granted deference by the federal court currently presiding over an open records lawsuit between the Orlando Sentinel and the City of Orlando, even though this fight never should have included a federal agency conducting its own concurrent investigation of the mass shooting.

Fbi-Letter (PDF)Fbi-Letter (Text)

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Filed Under: fbi, foia, imsi catcher, law enforcement, orlando, public records, stingray

30 Comments

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Anonymous Coward, 7 Jul 2016 @ 10:43am

Conspiracy!
It's stupid shit like this that lead people to believe our government is involved in planning and performing these terrorist-type events.

Why the secrecy? What security is gained from preventing people from finding out what happened? We may never know, because they're not talking.
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I.T. Guy, 7 Jul 2016 @ 10:46am

In the US vs. Them mantra... You are either with us or against us... which side is the FBI on? Because quite frankly it is getting harder and harder to tell the difference.
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Anonymous Coward, 7 Jul 2016 @ 10:47am

Re: Conspiracy!
The FBI needs to hide the clusterfuck that was the investigation of the shooter prior to the shooting.
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Anonymous Anonymous Coward (profile), 7 Jul 2016 @ 10:49am

All records belong to FBI
Can we ask them to assert ownership of all credit reports and have them investigate anyone requesting information from a credit agency? This seems like a more appropriate (or more useful) use of their 'authoritay'. At least then we might be sure that only 'legitimate' requests might, and I do mean might, get honored.

It might also slow down some identity theft as well, but that would be beyond the scope of the FBI's (self directed) mandate. They want to know what you are using your ill-gotten gains (AKA salary) for anyway.
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Anonymous Coward, 7 Jul 2016 @ 10:55am

Just the incompetent FBI engaging in CYA. nothing to see here, move along
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That Anonymous Coward (profile), 7 Jul 2016 @ 10:56am

We can't let information out to the public that might show we lied and mislead them.
They might see past our easy 'terrorism' answer and see we lied to get a better budget.
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Anonymous Coward, 7 Jul 2016 @ 10:57am

For an agency that keeps on claiming if you have nothing to hide you have nothing to fear, they sure seem to have a lot to hide.
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Eponymous Coward, 7 Jul 2016 @ 11:01am

Re: Conspiracy!
They might not want to reveal how many of the dead and wounded were made so by the response to the shooter rather than by the shooter himself.
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Uriel-238 (profile), 7 Jul 2016 @ 11:17am

"they sure seem to have a lot to hide."
Maybe they have a lot to fear.
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I.T. Guy, 7 Jul 2016 @ 11:54am

Re: Conspiracy!
No its the government own actions that causes PPL to believe, and rightly so, that our gov is capable of self terrorism.

And hey, Its not like our Gov proposed dressing up planes and faking "Student" deaths and it's not like they wanted to bomb military bases and blame it on the Cubans... Wait wat?

Its not like the FBI picks borderline retards gives them the means then arrests them saying "Lookee here we caught more of dem terrorists." Give up your rights.

Its not like our Gov would experiment in secret on black men with Syphilis, not tell them, then follow them for 40 years.

It's not like the CIA used drugs, electronics, hypnosis, sensory deprivation, verbal and sexual abuse, and torture to conduct experimental behavioral engineering experiments on subjects. The program subcontracted hundreds of these projects to over 80 different institutions, including universities, hospitals, prisons, and pharmaceutical companies.

And hey, It's not like the CIA facilitated the sale of cocaine to the Crips and Bloods street gangs of Los Angeles and funneled millions in drug profits to a Latin American guerrilla army.

And hey, It's not like the CIA launched a top secret project called Operation Mockingbird. Their goal was to buy influence and control among the major media outlets. They also planned to put journalists and reporters directly on the CIA payroll, which some claim is ongoing to this day.

And hey, it's not like our gov would cover up a cancer causing vaccine. (SV40 contamination)

It's not like our gov would pay a 15 year old to lie and say she saw atrocities committed to children by Iraqis.

And hey... it's not like our gov would strip the history of Nazi Party scientists as to lure them to America. Right?

Hey, its not like our gov to sell guns to Mexican gun dealers and its not like we found documentation that proved ATF agents discussing how these guns were passed to Mexican gun dealers based in the U.S. The idea behind doing this was when these guns were used to commit crimes, it would justify passing stricter gun laws in America.

Nah... none of that shit happens here in America. It's all just wild Conspiracy Theory... right?
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DB (profile), 7 Jul 2016 @ 11:57am

Remember the 2015 Waco shootout?
It was widely reported at the time that it was a motorcycle gang battle.

Subsequent modifications to the story make it clear that it was a regular gathering, and that most of the shots were fired by police, rather than being from a fight inside the restaurant.

Even a year later, public records requests are being refused. No reports about how many of the 9 people killed or 20 wounded were shot by police. The little that has leaked out suggests that most of the wounds were from rifle rounds, which only the police were shooting.
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steve, 7 Jul 2016 @ 11:59am

FBI
FBI ---- filthy crime labs ----- LYING crime lab Techs ------
facial recognition that is FARCIAL ----- James "BENEDICT ARNOLD" Comey who did more damage to America then his MENTOR
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Anonymous Coward, 7 Jul 2016 @ 12:41pm

It's because this 'shooting' and other terrorism/shootings are completely 1000% fake. Drills gone live.

That's what they're hiding. Although if you don't realize these events are fake by ignoring the happy, non-crying 'parents of the dead' and 'friends' and 'witnesses' then you are too far gone. And you are an asshole cunt.
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Anonymous Coward, 7 Jul 2016 @ 1:04pm

Just like a stupid mutt, shit on the rug and then hide the evidence by eating it.
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TellTheTruth-2, 7 Jul 2016 @ 1:28pm

Staged Orlando Video
You'll understand why if you watch this video proving the shooting was staged .. 100% PROOF Orlando Shooting Was a STAGED HOAX...This Is All You Need To See ... https://www.youtube.com/watch?v=wiLk-V9DFpc
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DB (profile), 7 Jul 2016 @ 1:43pm

Only a crackpot would believe that the Orlando shooting was a hoax.

But it does appear that the efforts of the brave first arrivals at the scene were undone about 15 minutes later by the order to withdraw, hours of inaction, followed by an assault that resulted in police killing hostages.

It's hard to see blocking the release of emergency response information, such as 911 recordings, as anything but a cover-up for mistakes.
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JonC (profile), 7 Jul 2016 @ 3:15pm

"All your documents are belong to us," says the FBI.
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Matthew Cline (profile), 7 Jul 2016 @ 3:54pm

Re:
There's no such thing as real terrorists or mass shooters? It's just something that humans won't do unless it's part of a "false flag"?
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ConspiracyNut, 7 Jul 2016 @ 4:25pm

Re: Conspiracy!
That's because it is a conspiracy. The FBI doesn't work for the American citizen.
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skipNclair, 7 Jul 2016 @ 4:38pm

proof
Just another example of why you cannot trust the FBI, how many more will it take until you wake up people. Now I know some are awake, and I know that not all the members of the FBI are bought and paid for little lackeys but its time to understand they cannot be trusted, just like anyone running for office cannot be trusted, there is no hope in any candidate, and there is no posse coming to save us.
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Anon E. Mous (profile), 7 Jul 2016 @ 5:14pm

Re: Conspiracy!
Your bang on. I Agree and the conspiracy will rage on because of the tactics that Federal Law Agencies like the FBI are using to keep information out of reach of other agencies, the media and citizens.
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Anonymous Coward, 7 Jul 2016 @ 7:33pm

TWA 800
Naaa! Could never happen
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Whatever (profile), 7 Jul 2016 @ 7:52pm

Damn the FBI for doing their job in investigating major crimes that may be in federal jurisdiction. They are such dicks for doing their jobs.

Techdirt hates it when police do their jobs.
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Padpaw (profile), 8 Jul 2016 @ 4:42am

I am more certain than ever the reason the FBI ignored the shooter is because he was an FBI informant.
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amanda, 8 Jul 2016 @ 4:44am

The truth is out there
Shouldn't they be getting better at this shit instead of worse? or is this done sloppy on purpose as a diversion from something else?

What is the truth in a lie that itself is a lie to hide the truth? Fucking X-files... the rabbit hole is only as deep as you want it to go, sometimes its deeper, but you'll never know.
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Padpaw (profile), 8 Jul 2016 @ 4:45am

Re: Conspiracy!
what is that sherlock holmes said "Once you eliminate the impossible, whatever remains, no matter how improbable, must be the truth"
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And so it has come to this, 8 Jul 2016 @ 8:58am

FFS
What reason could there be to withhold this?

did the first four cops there kill most of the people in the club? with wildly inaccurate fire?

did he curse bush and obama for murdering millions?

did he proclaim allegiance to new democrats?
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Wendy Cockcroft, 11 Jul 2016 @ 6:02am

Re: Re:
This is about "Please don't take my [sunshine*] away..."

It always is. If you look at the other things these people tend to be interested in, it's guns and anarchy.

*Where "sunshine" means "guns."
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Uriel-238 (profile), 12 Jul 2016 @ 12:29pm

Sunshine...
If only we looked at sunshine (transparency) as sacred as all the other sunshines.

I grew up with Kodachrome. (Mama don't take my kodachrome away...)

For me it's the internet and computer games...and coffee. That's my bread and circuses.

Usually those are not compatible with guns and anarchy.
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Uriel-238 (profile), 12 Jul 2016 @ 1:11pm

Re: Re: Conspiracy!
One of the reasons we went UFO crazy and Grassy Knoll crazy and HAARP crazy in the 60s is because government conspiracies and cover-ups were all around us. We picked up they were there, but weren't sure which ones were valid.

That situation hasn't changed. When Blackwater and Abu Graib and Halliburton were happening, that was the stuff that surfaced, so of course we're going to continue to guess at what else is going on.

We are still reeling from the Snowden revelations. Our administration is more opaque than ever (which is nothing short of an indictment of criminal activity at the top tiers of our government), what we know of the torture and drone-strike programs is atrocious, and we can be certain we only know a little of it.

This is why I can imagine a social cleansing engine in our prison systems. It's not that I know something is going on, but that it's too easy, and we're too tempted to not. And when it gets blown open, we'll find it's been active for years.

So far, when things get publicized we find it's far worse than we imagined. I expect that's a pattern that won't change.
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