Saturday, December 22, 2007

Burden of Proof

(This text copied from my main domain/website at


Finally, a few more words on the FBI, after denying me access to the requested data, having what's termed "the burden of proof." Stated plainly, if a federal agency denies a citizen access to requested data regarding a current or past investigation, that agency must legally prove it had the right to withhold the data!

For this purpose, the FOIPA Act includes 9 exemptions via which any federal agency can deny a citizen access to investigation data. In the case of my investigation, the only real applicable exemption would be the one that states that an agency can deny data if the agency feels that provision of such data would prevent them from bringing charges against an individual.

If indeed this is the exemption being employed, then the FBI is legally bound to bring charges against me, simply to justify the withholding of data, whether I've committed a crime or not!

Generally, however, the agencies must cite an exemption when responding to any given FOIPA request; this has not been the case with my requests. I have simply received word from the agencies that no records have shown in response to their search.

Also, it should be noted that the FBI, (as stated ad nausem to me in their replies) is not obligated to keep investigation information as records in the FOIPA system; in other words, that, at their discretion, they can employ a 'do not file' policy on their record keeping insofar as inclusion of data in the FOIPA records database is concerned.


for more reading, see the "Investigations Objectives" section at

this post is intended to be supplemental to the facts made public in my main website,; it probably will not make much sense to you if you have not already made yourself aware of the legal and personal efforts discussed in that site. please see for a necessary introduction into why this blog exists. or, if you just like reading weird stuff, then don't. and, enjoy.



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