John Mitchell FOIA: A Request for Correspondence of Senator Begich to the Secretary of the Department of Veterans Affairs

Department of Veterans Affairs                                                                          June 7, 2014

Sean Burns

FOIA Contact

(20M33) VACO

810 Vermont Avenue, NW

Washington, DC 20420

(202) 491-9439 (Telephone)

(202) 275-5947 (Fax)

foia.vbaco@va.gov

Re:  John Mitchell Case:  A Request for Correspondence of Senator Begich to the Secretary of the Department of Veterans Affairs

Dear Staff:

I hereby request a copy of all correspondence to the Secretary of the Department of Veterans Affairs dealing with Alaska veteran John Mitchell, including, but not limited to, all documents related to the conclusion made to John Mitchell via an email sent by Senator Begich on August 3^rd, 2011.

See e-mail at http://thomasalamb.blogspot.com/2013/11/senator-mark-begich-tells-alaska-vet-to.html

Please note that this request for documents is being made pursuant to the Privacy Act, 5 U.S.C. § 552, and the Freedom of Information Act (FOIA), 5 U.S.C. § 552a, as well as 38 C.F.R.§1.550 and 38 C.F.R.  § 1.577.  Your agency has a duty to respond to this  request within TWENTY (20) DAYS of the date of this request pursuant to 5 U.S.C. § 552 (a)(6)(A)(2)(i).

Additionally, although an extension of time to respond may be requested, it may only be granted for “unusual circumstances.” “Predictable agency workload” is not typically considered an unusual circumstance as stated in 5 U.S.C. § 552(a)(6)(C)(ii).   Moreover, even to the extent that unusual circumstances could be demonstrated in this instance, the time limit for the extension is limited to “10 working days” pursuant to 38 C.F.R.§ 1.553(d).

Please also be aware that your agency’s failure to respond to this request within twenty (20) days may result in the filing of an administrative appeal with the office of the Secretary of the Department of Veterans Affairs pursuant to 38 C.F.R.§ 1.557 and 5 U.S.C. §552(a)(6)(A)(2)(ii), and potentially, the filing of a federal lawsuit to compel the production of the information.

This may subject your agency to contempt of court and a fine, including attorney fees and litigation expenses in compelling the production of this information pursuant to 38 U.S.C. § 552a(g)(l) of the Privacy Act, and 38 U.S.C. § 552(a)(4)(B) of FOIA.

I agree to pay reasonable costs involved in this FOIA request.

Thank you.

Very truly yours,

Thomas A. Lamb