U.S. Department of Justice
United States Marshals Service
Office ofGeneral Counsel
CG-3, 15th Floor
Washington, DC 20530-0001
September 6, 2019
T. McElwee
78799-06306786@requests.muckrock.com
Re: Freedom of Information Act Request No. 2019USMS34199
Subject: Jeffrey Epstein
Dear Requester:
The United States Marshals Service (USMS) is responding to your Freedom of
Information Act (FOIA) request for agency records pertaining to Jeffrey Epstein.
Pursuant to your request, the USMS conducted a search of its automated files and the
District Office in the Southern District of New York and located 73 responsive pages. Of these
73 pages, 3 pages were found to have originated or contained information which originated from
the Federal Bureau of Prisons. Those documents have been forwarded to that agency for their
review and direct response to you. The remaining 70 pages are being released to you and are
attached hereto. Portions of the pages are being withheld pursuant to FOIA Exemptions (b)(6),
(b)(7)(C), (b)(7)(E), and (b)(7)(F)•
FOIA Exemption (b)(6) allows an agency to withhold personnel, medical, and similar
files, the disclosure of which would constitute a clearly unwarranted invasion of personal
privacy. Records that apply to or describe a particular individual, including investigative
records, qualify as "personnel," "medical," or "similar files" under Exemption 6. FOIA
Exemption (b)(7)(C) protects records or information compiled for law enforcement purposes to
the extent that the production of such records or information could reasonably be expected to
constitute an unwarranted invasion of personal privacy. A discretionary release of such records
is not appropriate. att United States Department of Justice (DOJ) v. Reporters Committee for
Freedom of the Press, 489 U.S. 749 (1989).
FOIA Exemption (b)(7)(F) protects law enforcement information that "could reasonably
be expected to endanger the life or physical safety of any individual." 5 U.S.C. § 552(b)(7)(F)
(2006), amended by OPEN Government Act of 2007, Pub. L. No. 110175, 121 Stat. 2524.
Courts have routinely upheld the use of Exemption (b)(7)(F) to protect the identities of law
enforcement agents, as well as protect the names and identifying information of non-law
enforcement federal employees, local law enforcement personnel, and other third persons in
connection with particular law enforcement matters. See Rugiero v. DOJ, 257 F.3d 534, 552
(6th Cir. 2001); Johnston v. DOJ, No. 97-2173, 1998 WL 518529, *1 (8th Cir. Aug. 10, 1998).
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Accordingly, the personally identifiable information of law enforcement officers and
government employees was withheld from the responsive documentation. The disclosure of
such sensitive information contained in records compiled for law enforcement purposes to the
public could subject law enforcement officers and other government personnel to harassment and
unwelcome contact. This could disrupt and impede official agency activity, as well as endanger
the safety of law enforcement officials. Additionally, the personally identifiable information of
third parties named in the records was withheld. The disclosure of third party information could
constitute an unwarranted invasion of personal privacy and subject the individuals to
embarrassment, harassment, and undue public attention. Individuals have a recognized privacy
interest in not being publicly associated with law enforcement investigations, not being
associated unwarrantedly with alleged criminal activity, and controlling how communications
about them are disseminated.
FOIA Exemption (b)(7)(E) exempts from release information that would disclose law
enforcement techniques or procedures, the disclosure of which could reasonably be expected to
risk circumvention of the law. Public disclosure of information such as internal URLs, codes,
and internal identifying numbers could assist unauthorized parties in deciphering the meaning of
the codes and numbers, aid in gaining improper access to law enforcement databases, and assist
in the unauthorized party's navigation of these databases. This disclosure of techniques for
navigating the databases could permit people seeking to violate the law to gain sensitive
knowledge and take preemptive steps to counter actions taken by USMS during investigatory
operations. The disclosure of this information serves no public benefit and would not assist the
public in understanding how the agency is carrying out its statutory responsibilities.
For your information, Congress excluded three discrete categories of law enforcement
and national security records from the requirements of the FOIA. ate 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.
If you are not satisfied with the response to this request, you may administratively appeal
by writing to the Director, Office of Information Policy (OIP), United States Department of
Justice, Suite 11050, 1425 New York Avenue, NW, Washington, DC 20530-0001, or you may
submit an appeal through OIP's FOIAonline portal by creating an account on the following web
site: hups://foiaonlinesegulations.gov/foia/action/publicihome. Your appeal must be
postmarked or electronically transmitted within 90 days of the date of my response to your
request. If you submit your appeal by mail, both the letter and the envelope should be clearly
marked "Freedom of Information Act Appeal."
You may also contact the USMS FOIA Officer or our FOIA Public Liaison at (703) 740-
3943 for any further assistance and to discuss any aspect of your request. Additionally, you may
contact the Office of Government Information Services (OGIS) at the National Archives and
Records Administration to inquire about the FOIA mediation services they offer. The contact
information for OGIS is as follows: Office of Government Information Services, National
Archives and Records Administration, Room 2510, 8601 Adelphi Road, College Park, Maryland
20740-6001; e-mail at oeis@nara.gov; telephone at 202-741-5770; toll free at 1-877-684-6448;
or facsimile at 202-741-5769.
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Sincerely,
Associate General Counsel
FOIA/PA Officer
Office of General Counsel
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