Senator Menendez helps out with my FOIA request--NOT.
This is a phone
call I recorded--and transcribed here--with a staffer from Senator Menendez'
office who was responding to my request for "help with a Federal
matter;" namely, an FOIA request that was met with exorbitant and
unnecessary fees. I put it out so my fellow citizens know what their
representatives mean when they offer to help you "with Federal
matters." [note: as citizens, it is our right to tape conversations with
government officials without their knowledge. Just like a corporation can
document it's employees' actions surreptitiously, government officials are OUR
employees and we can document them without their knowledge.] [my remarks are in red]
Staff:
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You
requested information from. . .under the Freedom of Information Act from the
Dept. of Commerce?
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Me:
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Yes
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Staff:
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OK, so,
unfortunately, I read over all the materials and , uh, unfortunately, because
they address. . .unless you can somehow . . .um, prove that this (what you're
asking) is in the public interest there's no way to get your fee reduced [Here all he can muster is to try to parrot the
Dept/Commerce. Does he think I'm an immigrant in need of translation
services?]
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Me:
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Plans to
eliminate government corruption and discrimination is automatically in the
public interest. I would think Senator Menendez would know that. [this was my best shot. I let the staffer get away with a lot
because I entered this conversation with a crazy idea that Menendez was about to do
something--anything--on my behalf]
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Staff:
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Oh, no,
what you're saying makes sense, definitely. However, we don't have any
authority to override the Dept of Commerce [who, in
his right mind, would ask for an override? perhaps if I had made a more
memorable donation to his campaign?] So, you're welcome to appeal the
decision and indicate to them that you believe that. . .ah. . .what you are
doing is in the public interest and explain why and you can. . .you can. .
.be put through and they may accept your appeal and reduce your fee but
unfortunately the Senator doesn't [have] any authority to override [the
attempt to negotiate the fee that's lowered] [this
fellow really read the material alright--my request concerned a lost appeal
not an unfavorable decision]
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Me:
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What
about the fact that I asked for [electro]magnetic media which is far less
expensive than paper?
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Staff:
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You can
include that in your appeal [I did and if he had read
the material...] Basically, what we have the authority to do is tell
you that we . . .don't have any authority. I don't think it would be a bad
idea--if you still would like this information. . .I don't think there is any
reason not to, um, not to appeal and to say that you believe it to be in the
public interest to get your fee reduced and that you want the information
online and not on paper which could also--potentially--get your fee reduced [this kid's been around. You and I would bet money on paper
data being more expensive, but this kid knows that there's a real possibility
that the Commerce Dept would be working on (or say they needed to use) an
Apple II Floppy drive just to up the fees. For you youngsters out there, that drive held less than 128 Kilobytes.]
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Me:
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Well, in
essence, you haven't done anything [for me].
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Staff:
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There's.
. .there's nothing to be done, unfortunately.
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Me:
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I don't
understand bureaucracies. . .you know. . .the head of government--someone in
Senator Menendez' position--has no ability nor power to talk to a bureaucrat
and say, "this fellow asked for [electro]magnetic media. Why didn't you
address that issue? Why are you forcing paper down his throat? Now, that’s
something very simple and that's something that--[here,
I gave up and pursued a different tactic] there's no oversight for the
Dept/Commerce because they handle discrimination. [the original FOIA request was made to prove discrimination on the part of the Commerce Dept.] So where's the oversight?
It has to come from Congress.
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Staff:
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Well, the
oversight would come from the Judiciary. So, if you feel you were
discriminated against, you could file a lawsuit.
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Me:
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I did,
they deep 6'd it.[and if he had read the material…]
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Staff:
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OK, so
unfortunately the Senator is a busy man and we don't have any. . . Again. .
.[does that mean you are also too busy? Doing what? Trying
to fulfill the Senator's promise heard on voicemail that if there is a
Federal issue that the Senator could help with . . .]
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Me:
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You know,
I can write the letter. You can paste it onto his letterhead [silly me] and say [to the senator that] all this is
doing is asking them [Commerce] to address his [my] need for [electro]magnetic
media--that's all: "Please address my constituent's need for
[electro]magnetic media." How hard can that be? I'll write the letter. [Now, I knew that there is no way to shame a bureaucrat but
what can I say?]
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Staff:
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I, I,
can't. I have no authority to put this under his name nor does anyone except
the Senator himself [I suppose he'll next tell me
that all the Senator's words are his own?] And. . .this can be raised
with him [oops, he seems to sense that carrots don't
do it for me and quickly pulls away the carrot from under this sap's nose]
and you're welcome to continue filing your appeal--or what have you [that's right, probably what I have is a fantasy]--but
there's no legal way that I. . .there's not really any chance of us putting
something A) within somebody else and B) [inaudible] a topic that the Senator
may not be comfortable talking about on his letterhead. [the bureaucrat doesn't know sarcasm]
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Me:
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[I reach my breaking point with Senator Menendez' feeble
attempts at helping his constituents] All right, Mr. [ ], thank you
for your time.
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Staff:
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Thank
you. Good luck with everything.
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Me:
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Alrightie.
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Staff:
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Have a
great day.
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Me:
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You too. [I had wanted to end by asking if the Senator had come back from the Dominican Republic with any interesting stories but I have met the enemy and it is my big mouth. :)]
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