There are problems in many states but a certain AUSA recently abused his authority and power of his office which resulted in an OCDETF investigation being totally dismissed after 5 years and over 1 million dollars because of politics. This particular AUSA wanted a Title III
to conclude the investigation but it wasn't possible. What did the attorney do? declined the case by falsly making unsubstantiated allegations against this agent and group in his declination memo. As in the case in Arizona, AUSA's are also public servants and ARE NOT ABOVE THE LAW.

I appealed ATF Disclosure branch and received additional documents that they could and should have given me in my original request. I also requested my information from DOJ pertaining to my paricular field division, maintained by the AUSA's Office. I spoke with an attorney from Washington Disclosue branch, where my files were sent from my field AUSA's Office. The attorney told me that ATF still ACTS like they are UNDER the Department of Treasury and that is why, typically when an agent request thier personnel files ATF disclosure branch the agents are denied under one of the eight exemptions that USUALLY DO NOT APPLY. The common language ATF disclosue branch uses is, "The informaiton could reasonably be expected to intefere with an on going investigation", in almost all cases if there is investigation of an agent, it is NOT ongoing, after ATF gives the agency the Materials Relied Upon for their decision the agents files are THE AGNETS RIGHT TO HAVE, BECAUSE in some cases what ATF is holding back is MATERIAL to the AGNETS case. Thus, the eight exemptions DO NOT APPLY.

The most distrubing part of the process is that ATF disclosue branch will ONLY give you information that they deem none material to your request becauase the information which is held back under the one of the exmptions is typically the information that is material to an agents cause, whatever that may be.

I have notified OIG ASAC, OSC is also aware of FACTS along with ATF I.A. I hope OSC takes this seriously because when an official of the courts i.e. an AUSA or AUSA's abuses his or her authority and puts the public in danger that is in-excusable. I beleive this happens all over the counrty NOT just Arizona. AUSA's ARE NOT GODS, as some in ATF unfortunately believe, they should be held to the same standard as anyone else in public service, you lie/cover-up facts for whatever agenda it is a crime and if it is exposed REPORTING SUCH MISCONDUCT should be imperative.

QUESTION?

If ATF Management finds that an AUSA gave ATF a document with false information, pertaining to an agent and that ATF finds that that document/INFORMATION was in FACT found to be false against an agent, does ATF management have a responsibilty to report their findings to either ATF OPR or OIG for follow-up?

Recently I requesetd my personnel information from the ATF Disclosure Branch to include any/all reords, IA Investigations, documents, coorsepondonts, awards etc. After numerous months I received a letter from the ATF Disclosure Brach that stated that they were denying me most of my records, i.e. IA investigations documents etc., AND CITED AN EXEMPTION (K)(2) WHICH ALLOWS the withholding of certain material complied for law enforcement pruposes. They stated that this exemption applies to civil investigations as well as criminal investigations. They stated that the information you are seeking is relative to a civil investigation, and is withholable pursuant to (k)(2) and they also cited Title 5, U.S.C. 552 ((7)(A) because release of this information could reasonably be expected to interfer with on going proceedings. They also cited Exemption 5 ((5) intra-agency memorandumor letters. I told the ATF Disclosure Brach I DO NOT HAVE A CIVIL NOR CRIMINAL CAE PENDING and do not understand why an agent can't get his OWN records. I.E. IA investigations from past to present.

Note: Several weeks ago a friend of mine who works with the state's attorney's office has numerous cases of mine and received all of my records to include my OLD IA investigations which I received a letter of (reprimand) for the judge to review.

My question for anyone with knowledge of an agents rights for his records under the freedom of informaiton act, is First can they deny your own records for the reasons stated above without any evidence that the agent is currently or ever was involved in a civil or criminal matter/investigation. What is the point of the Freedom of information act when the agent can't get his own records but the state or Federal attorneys offices can get all your information which, you as an agent, can't get.

no