From: (RMD) (FBI) Sent: Tuesday, May 17, 2016 5:10 PM To: Mill Cc: (RMD) (FBI) Subject: RE: Language for proposed settlement agreement Hi MI, Greetings from the FOIA Litigation Factory in Winchester; nice talking to you today. The bottom line up front is that any FOIA/PA requests for FBI investigative records here would be treated like any other request consistent with the FOIA and DOJ implementing regulations (28 CFR Part 16). There's no authority for us to provide any special requestor or processing status--even for victims--outside the existing legal framework. Any requestor may certainly seek expedited processing of their request under the statute, and that turns on specific factors such as an urgency to inform the public at large about a federal activity or a matter of widespread and exceptional media interest connected to government integrity. (see 28 CFR 16.5). The decision to grant expedited processing is not made by the component, but by DOJ-OPA on a case by case basis. All requests are addressed on a first in, first out (FIFO) basis and assigned to processing queues relative to the size of any identified records responsive to the request (we receive about 18,500 requests annually). Our withholding or release determinations are made on a case by case basis per the nature of the request in light of applicable FOIA or PA law and regulation. We certainly would not engage in any negotiations on the applicability of any exemption or privilege (b5 exemption in FOIA) with the requester—that's an agency decision. As part of the normal process, if the requester is dissatisfied with any adverse determination we make on their request, they can administratively appeal to DOJ OIP or file suit if they have exhausted their administrative remedies. Simply put, we unfortunately can't agree to the proposed language below. Any person can file a request to include perpetrators, victims, witnesses, etc. and will undergo the standard FOIA/PA process relative to the issues raised by their request. Thx, Unit Chief, Litigation Support Unit FBI Records Management Division/RIDS (desk) (cell) NOTICE: This message is transmitted to you by the FBI Records Management Division, Litigation Support Unit. The message, along with any attachments, may be confidential, law enforcement sensitive, and legally privileged. It you are not the intended recipient of this message, please destroy it promptly without further retention or dissemination (unless otherwise required by law). Please notify the sender of the error by a separate e-mail or by calling EFTA00211321