Peter A. Gersten, Esq.

P.O. Box 2443

Sedona, AZ 86339

(928) 203-0567

11 April 2005

Co-Director

Office of Information and Privacy

United States Department of Justice

Flag Building, Suite 570

Washington, D.C. 20530

Re: Freedom of Information Appeal

      FOIPA #s 1009009-000 and 1014467-000

Dear Co-Director,

          This letter is an appeal pursuant to subsection (a)(6) of the Freedom of Information Act as amended (5 U.S.C. 552). The following is the chronology of my correspondence in reference to the above two FOIA requests:

          During November, 2004 I filed online a FOIA request with your office for 3 CCTV videos that the FBI allegedly seized on 9-11-01 from three separate locations near the Pentagon: the Sheraton Hotel; the Virginia Department of Transportation; and the Nexcomm/Citgo gas station.

          In a letter dated November 2004 your agency acknowledged receipt of my request (Request No. 1009009-000).

          In a letter dated November 30, 2004 your agency stated: “No records pertinent to your FOIPA request were located by a search of the automated and manual indices.” The letter further stated: “If you believe that files exist in one of the FBI field offices, it is incumbent upon you to direct a request to the appropriate office.”

          On December 28, 2004 I filed an appeal of the above denial. That appeal is still pending (05-0784).

          On February 4, 2005, pursuant to the FBI’s letter referenced above, I filed a FOIA request with FBI’s Washington Field Office the 3 CCTV videos.

          In a letter dated February 23, 2005, the Washington Field Office acknowledged receipt of my request (Request No. 1014467-000) and stated that my request was forwarded to FBI Headquarters – even though it was FBI Headquarters that felt it was “incumbent” upon me to file a request with the Washington Field Office.

          In a letter dated March 24 your agency responded to the above request (1014457-00) stating: “A search of the automated indices to our central records revealed no record concerning a video obtained from the Sheraton Hotel.” This statement is consistent with the FBI response dated November 30, 2004. The letter goes on to state: “Further, information regarding the closed circuit television (cctv) obtained from the Nexcomm/Citgo gas station, and the Virginia Department of Transportation is located in an investigative file which is exempt from disclosure pursuant to … subsection (b)(7)(A).” It appears that information that was not available as of December 1 is now available – for two of the three videos.

          I am sure that you are aware that FOIA exemption (b)(7)(A) which applies to law enforcement records requires a showing that the production of such records or information could reasonably be expected to interfere with enforcement proceedings. The two CCTV videos purportedly show what several witnesses have publicly stated they observed: Flight 77 crashing into the Pentagon on 9-11-01.  

As I stated in the appeal of my initial request, the debate over what hit the Pentagon has thrived due to the apparent contradiction between the eyewitness and physical evidence. Whereas a large body of reports of eyewitness accounts strongly supports that a twin-engine jetliner (Flight 77) swooped in at a very low altitude and exploded at or in front of the Pentagon, photographs of the facade and lawn show an absence of aircraft debris or a pattern of damage consistent with such an aircraft.

          The resulting evidence vacuum has created the conditions for a protracted controversy about what hit the Pentagon. The lack of evidence of large aircraft debris in post-crash photographs of the Pentagon's exterior, combined with the refusal of officials to produce evidence supporting the official story, has led many skeptics to believe that the damage was caused by something other than a jetliner hitting the building.

          Further, there is neither video footage nor any photographic evidence in the public domain showing a jetliner approaching or crashing into the Pentagon. Not only has the government refused to release footage that would clearly show how the Pentagon was attacked, it has also seized footage not belonging to the military. The FBI reportedly confiscated video recordings from three locations shortly after the attack (Sheraton National Hotel, NEXCOMM/CITGO gas station, and the Virginia Department of Transportation). The FBI has, in its latest response admitted possessing at least two of these CCTV videos. These two recordings could provide decisive evidence about the crash and end the controversy.

          All the perpetrators who directly participated in the hijacking of the jetliners and the subsequent attacks are dead. Even assuming that the FBI is conducting an ongoing investigation, the release of the two CCTV videos would in no way jeopardize, compromise, or hinder that investigation since the videos merely show what everyone already is aware of – Flight 77 crashing into the Pentagon.

          As provided in the Freedom of Information Act, I will expect to receive a reply to this administrative appeal letter within twenty (20) working days. If you deny this appeal and do not adequately explain why the material withheld is properly exempt, I intend to initiate a lawsuit to compel its disclosure.

          Sincerely,

          Peter A. Gersten, Esq.