Tuesday, July 06, 2004

Over the long Fourth of July holiday weekend I cruised the web trying to find and examine Sen. John Kerry's FBI files, but alas, they were not to be found.

You may recall that back in March, portions of Kerry's FBI files gathered over many years by Gerald Nicosia, a Marin County-based journalist and staunch Kerry supporter, were shown to the Los Angeles Times, and the paper ran a story about the files on March 22.

The Associated Press, in a March 23 wire story about Kerry's files, quoted him saying, "We're suddenly learning about [the FBI records] because I am about to be the nominee of the party, and the Republicans are very good at finding records that have been lost for a long period of time, particularly when they control the government."

But that wasn't the case at all, as reported in the Los Angeles Times, which showed how Nicosia collected some of his Kerry FBI files because he made Freedom of Information Act requests back in the 1990s, for the files on Vietnam Veterans Against the War. Kerry was a leader of the group in the early 1970s.

Then on May 5 the A.P. sent out a story based on the more than 9,000 pages of FBI files on VVAW, some of which pertained to Kerry. The A.P. used a FOIA request to pry the documents loose from the FBI.

In that A.P. story, Kerry welcomed the release of these records.

"I think it's great. I'm very proud of my efforts to end the war. I welcome anybody's perusal of them. I'm proud that I stood up to Richard Nixon. And you know, I personally have also requested those documents. So I'm happy to have them out there. It's terrific," Kerry said.

Some Kerry detractors will say he flip-flopped on the issue of some of his FBI files being shown to an LA Times reporter this March, and the records on VVAW obtained by the A.P. in May, but I don't agree. Kerry's position on the many FBI files related to him and his antiwar activities simply evolved over the months.

What I think is important about his May quote is that he welcomes the public's perusal of the VVAW files.

Glad to learn that, but the VVAW's FBI records have not been made available to the public by the A.P., which, as a news organization, is under no obligation to share its source materials. Nor has the FBI posted a single page from the 9,000-plus pages VVAW file on its web site. Same goes for Kerry. You won't find any pages from his FBI dossier on his campaign web site.

All this background on Kerry and his FBI file got me thinking about the records the agency must have on Kerry's running mate Sen. John Edwards, President George W. Bush, Vice President Dick Cheney, independent candidate Ralph Nader, and his veep pick, leftist economist Peter Camejo.

After much searching, I couldn't locate any news articles or source materials on any FBI files for these other candidates, leading me to wonder why Kerry alone has been singled out thus far by the media for scrutiny over his FBI records.

Journalistic balance, and the long-forgotten ideal of treating all presidential and vice presidential candidates to the same standards, requires the same media outlets that wrote about Kerry's FBI records to get on the stick about the files on the other men.

To jump start that process, I today filed FOIA requests with the Department of Justice for the FBI files on Kerry, Bush, Nader, Cheney, Edwards and Camejo, and I have invoked the expedited processing clause of FOIA to hopefully have the files provided to me within ten calendar days.

Below is the letter and statement faxed and snail mailed to DOJ this afternoon. Similar ones, using the individual names of the candidates instead of Kerry's, were also sent today.

At this point in the 2004 presidential race, and as America celebrates 228 years of democracy, now is the time for all presidential candidates and their running mates to request and release their FBI on the web.

Let the public and voters peruse such FBI files and decide how best to use that information to vote this November.

(Full disclosure: I am the San Francisco volunteer coordinator for the Nader/Camejo ticket, and sent Nader a check for $10 in March.)
^^^

July 6, 2004

Mark Corallo
Director of Public Affairs
U.S. Department of Justice
10th & Constitution Avenue, NW
Washington, DC 20530

RE: Expedited FOIA request for Sen. John Kerry's FBI file

Dear Mr. Corallo:

Under the provisions of the Freedom of Information Act, I am writing to request expedited processing for a copy of all of the Federal Bureau of Investigation's files on Sen. John Kerry, D-MA.

As you know, the Department of Justice's FOIA web site says the agency will expedite FOIA requests, "by a person primarily engaged in disseminating information to the public and the information is urgently needed to inform the public concerning some actual or alleged government activity ... [and DOJ] expedites requests when the subject is of widespread and exceptional media interest and the information sought involves possible questions about the government's integrity which affect public confidence."

I believe that as a blogger journalist, I qualify as an individual sharing important information with the public. Furthermore, Sen. Kerry, as the Democratic Party's presidential nominee, meets the specifications outlined in DOJ policy for expediting FOIA requests.

Although the Freedom of Information Act does not require DOJ to make FBI files available on the web, I nonetheless ask DOJ to post on the FBI web site any and all files related to Sen. Kerry that you will soon release to me.

Therefore, since FOIA demands you respond to my expedited processing request within ten calendar days, I expect notification by DOJ regarding my request by July 15, 2004.

I look forward to a prompt reply.

Regards,
Michael Petrelis

- - -
STATEMENT
July 6, 2004

Mark Corallo
Director of Public Affairs
U.S. Department of Justice
10th & Constitution Avenue, NW
Washington, DC 20530

RE: Reasons for expedited processing request

Dear Mr. Corallo:

I am a blogger journalist filing an expedited Freedom of Information Act request for the Federal Bureau of Investigation's files on Sen. John Kerry, D-MA.

It is my contention Sen. Kerry's files must quickly be released to me, as a blogger journalist, a voter and an American citizen, to better inform the electorate before the November 2, 2004, election for the White House. Voters must have the opportunity to view his files, in order to be as educated as possible about the candidate.

Information from the FBI's files released to me on Sen. Kerry will be widely disseminated through my blog, www.mpetrelis.blogspot.com, and emails.

I certify that the reasons given for expedited release of Sen. Kerry's FBI files are true and correct.

Regards,
Michael Petrelis


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