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As you may be aware, the May 26th 2021 mass-shooting at Santa Clarau2019s Valley Transportation Authority (VTA) was carried out by Samuel Cassidy: a Caucasian man, born August 29th 1963, who was at the time of the mass-shooting (on May 26th 2021) employed for Santa Clarau2019s VTA.<br>The recent disclosures made by the Department of Homeland Security (DHS) show that Samuel James Cassidy [1] had travelled to the Philippines on July 23rd 2016 (and may have wanted to die there); [2] had returned to the United States of America (U.S.A) following his travel to the Philippines on August 08th 2016...
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1300 Pennsylvania Avenue, NW Washington, DC 20229 DIS-3 OT:RR:RDL:DLJA CBP-AP-2022-070492 DCC July 5, 2022 Mr. Michael Ayele, aka W Association For The Advancement of Civil Liberties P.O.Box 20438 Addis Ababa, Ethiopia RE: Freedom of Information Act (FOIA) Appeal; U.S. Customs and Border Protection (CBP) Reference No. CBP-2022-041521; Request for Border Apprehension and Encounter Records Dear W: This is in reply to your electronic submission, dated April 26, 2022, with which you appeal CBP’s response to your FOIA request CBP-2022-041521. For the reasons stated below, we affirm the decision of the FOIA Division. In your initial FOIA request you sought the following records: 1.the formal and informal ties that exist between your office, the Department of Commerce, the Department of Education (DoED), the Department of Homeland Security (DHS), the Department of Justice (DOJ), the Department of Labor (DOL), the Department of State (DoS), the Department of the Treasury, the Equal Employment Opportunity Commission (EEOC), the National Council on Disability (NCD), the Social Security Administration (SSA) and the White House; 2.your communications about Joe Biden being one of fifteen Vice Presidents who went on to become U.S President alongside John Adams, Thomas Jefferson, Martin Van Buren, John Tyler, Millard Fillmore, Andrew Johnson, Chester A. Arthur, Theodore Roosevelt, Calvin Coolidge, Harry S. Truman, Lyndon B. Johnson, Richard Nixon, Gerald R. Ford and George H. W. Bush; 3.your communications about the January 2013 NCD letter recommending for then Vice- President Joe Biden to “develop a framework to invest in community-based mental health support and programs;” 4.your communications about the January 2013 NCD letter recommending for then Vice- President Joe Biden to “avoid any proposal to link the Social Security Administration’s database of representatives payees with the FBI’s National Instant Criminal Background Check System (NICS);” 5.your communications about the January 2013 NCD letter recommending for then Vice-
President Joe Biden to “avoid any proposal comparable to the provision of S. 436, the Fix Gun Checks Act; which amends the Higher Education Act to require colleges and universities to outline procedures for the involuntary referrals of students with perceived psychiatric disabilities for evaluation and institutionalization;” 6.your communications about the January 2013 NCD letter recommending for then Vice- President Joe Biden to “ensure that identification and isolation of individuals who have harmed others or are at risk of committing acts of violence does not lead to unnecessary expansion in institutionalization, involuntary commitment and forced treatment for individuals who may benefit from mental health services and supports but pose no risk of violence and have a basic human rights to make independent decisions;” 7.your communications about the Missouri Department of Mental Health (DMH) as a state agency, which refuses to confirm or deny to former employee Michael A. Ayele (a.k.a) W that many patients/prisoners of the Fulton State Hospital (FSH) Hearnes Forensic Center (HFC) have ceased to pose an imminent threat to themselves as well as others; 8.your communications about the Missouri DMH as a state agency, which refuses to confirm or deny to former employee Michael A. Ayele (a.k.a) W that many patients of the FSH (HFC) are being incarcerated for unduly long period of time instead of going to a less-restrictive environment; 9.your communications about the Missouri DMH as a state agency, which refuses to confirm or deny to former employee Michael A. Ayele (a.k.a) W that complaints had been filed by staff of the FSH (HFC) because patients/prisoners thereof had been incarcerated for unduly long period of time instead of going to a less-restrictive environment; 10.your communications about the Missouri DMH as a state agency, which refuses to confirm or deny to former employee Michael A. Ayele (a.k.a) W that complaints had been filed by patients/prisoners of the FSH (HFC) because they had been incarcerated for unduly long period of time instead of going to a less restrictive environment; 11.your communications about the decision of the NCD to inform then Vice-President Joe Biden that “there is no current system capable of reliably identifying persons who are likely to become dangerous;” 12.your communications about the decision of the NCD to inform then Vice-President Joe Biden that “there is no established correlation between psychiatric diagnosis and violent behavior;” 13.your communications about the decision of the NCD to inform then Vice-President Jose Biden that “federal legislation calling for forced medication or treatment would restrict the fundamental civil rights of people with psychiatric disabilities;” 14.your communications about the NCD as an independent non-partisan federal agency, which has “consistently expressed concern about the conflation of mental health disabilities with gun violence;” 15.your communications about the NCD as an independent non-partisan federal agency, which “takes no position with respect to many of the often debated issues around availability of guns” in American society; 16.your communications about the NCD as an independent non-partisan federal agency, which has applauded “the Senate’s approval of the bipartisan disapproval resolution to unlink the Social Security Administration’s database of representative payees with the Federal Bureau of Investigation’s National Instant criminal Background Check System;” 17.your communications about the COVID-19 pandemic having led to significant increases in gun sales throughout the United States of America (U.S.A); 18.your communications about the Joe Biden – Kamala Harris White House administration “comprehensive strategy to prevent and respond to gun violence and ensure public safety;” 19.your communications about the actions taken by the Joe Biden – Kamala Harris administration to “establish zero tolerance for rogue gun dealers that willfully violate the law;”
20.your communications about the actions taken by the Joe Biden – Kamala Harris administration to “maximize the efficacy of ATF resources to crack down on rogue gun dealers violating” U.S laws; 21.your communications about the decision of the Bureau of Alcohol, Tobacco and Firearms (ATF) to designate a “specific point of contact in every field division for mayors, police chiefs, or other local leaders to report concerns about particular dealers’ compliance with the law;” 22.the name(s), the academic background(s), the professional responsibility(ies) and annual salary(ies) of the ATF point of contact serving in your City & County for the purpose of auditioning your concerns about gun violence as well as your conversations with them; 23.your communications about the actions taken by the Joe Biden – Kamala Harris administration to launch a multijurisdictional firearms trafficking strike force; 24.your communications about the actions taken by the Joe Biden – Kamala Harris administration to “provide the public with additional data to promote transparency and accountability in enforcement of federally licensed firearms dealer policies;” 25.your communications about the actions taken by the Joe Biden – Kamala Harris administration to “convene state legislators and Attorneys General regarding policy strategies to hold gun dealers and manufacturers accountable for their contribution to the flow of crime guns;” 26.your communications about the actions taken by the Joe Biden – Kamala Harris administration to expand “summer programming, employment opportunities, and other services and supports, especially for teenagers and young adults;” 27.your communications about the actions taken by the Joe Biden – Kamala Harris administration to “help formerly incarcerated individuals successfully reenter their communities;” 28.your communications about the actions taken by the Joe Biden – Kamala Harris administration to “expand federal hiring of formerly incarcerated persons;” 29.your communications about the DOJ’s Hiring Second Chance Act Fellow; 30.your communications about the actions taken by the Joe Biden – Kamala Harris administration to “leverage tax credits to incentivize hiring of formerly incarcerated individuals;” 31.your communications about the additional actions taken by the Joe Biden – Kamala Harris administration to “reduce gun crime;” 32.your communications about the Freedom of Information Act (FOIA) appeal submitted by Michael A. Ayele (a.k.a) W citing several inconsistencies in the manner the Department of the Interior (DOI) had processed his records request dealing with the gun violence public health epidemic and the executive branch of government; 33.the communications between the Government of Mexico and the Department of State before the filing of their complaint, which was assigned in the United States District Court for the District of Massachusetts Case Number 1:21 – cv – 11269 – FDS; 34.your communications about the decision of the Government of Mexico to accuse U.S gun manufacturers of “assisting and facilitating the trafficking of their guns to drug cartels through straw purchasing, repeat sales, kitchen table sales, ‘missing’ guns and firearm shows;” 35.your communications about the decision of the decision of the Government of Mexico to accuse U.S gun manufacturers of “assisting and facilitating the trafficking of their guns to drug cartels” by “designing and marketing their rifles as military style assault weapons.” In support of your request, you cited the following bases:
1.the January 14th 2013 letter written by the National Council on Disability (NCD) to then Vice-President Joseph R. Biden (Joe Biden) on the 2nd Amendment of the U.S Constitution; 2.the complaint filed by the City & County of Saint Louis, Missouri for the purpose of blocking the recently publicized Missouri’s Second Amendment Preservation Act; 3.the complaint filed by the Government of Mexico in the United States District Court for the District of Massachusetts, which has been assigned Case Number 1:21 – cv – 11269 – FDS; and 4.the decision of the City of San Jose to require gun owners to have liability insurance. In a letter dated March 10, 2022, the FOIA Division informed you that your request was insufficient because it was too broad in scope or did not specifically identify the records which you are seeking as required by 6 C.F.R. §5.3(b) of the DHS regulations. Your FOIA Appeal In your most recent submission, you appeal the determination of the FOIA Division. You state that you have concerns with the CBP’s failure to acknowledge the following: 1.Samuel Cassidy was an employee of the Santa Clara’s [Valley Transportation Authority] VTA before he carried out the murder-suicide shooting rampage in May 2021; 2.Samuel Cassidy had received an annual salary of $160,000 for the work he performed as an employee of the VTA; 3.Samuel Cassidy had admitted his hatred for the VTA in private and in public; 4.Samuel Cassidy was previously questioned by the DHS (CBP) for the hatred he professed to his previous place of employment; and 5.the DHS (CBP) had written a memorandum about Samuel Cassidy following an interview they had conducted on the subject of his hatred for Santa Clara’s VTA. In short, you state your concern with the adequacy of the search for records performed by CBP. You restate some of the same requests for records and add request for the following records: 1.discussions about the May 2021 murder-suicide mass shooting rampage at Santa Clara Valley Transportation Authority (VTA); 2.discussions about Samuel Cassidy as a Caucasian man who was employed for the VTA before he carried out the murder-suicide mass shooting rampage; 3.discussions about the reasons, which led Samuel Cassidy to carry out a murder-suicide mass shooting rampage at his previous place of employment; 4.discussions about Samuel Cassidy as a Caucasian man, who according to his ex-girlfriend had been diagnosed with bipolar disorder; 5.discussions about Samuel Cassidy as a Caucasian man, who had previously been questioned by the Department of Homeland Security (DHS) Customs & Border Patrol (CPB) on the issue of his “hatred for the VTA;” 6.the DHS (CBP) memo on Samuel Cassidy; 7.the complaints filed by Samuel Cassidy with the EEOC and/or the California Department of Fair Employment & Housing (DFEH) alleging discriminatory practices ongoing in the VTA; 8.discussions about the open-letter penned by San Jose Mayor Samuel Liccardo following the
murder-suicide mass shooting rampage carried out by Samuel Cassidy; 9.discussions about San Jose becoming the first U.S city to mandate gun liability insurance; 10.the extent of the DHS role in San Jose becoming the first U.S city to mandate gun liability insurance; 11.the formal/informal opinions held by the DHS (CRCL) on the responsibility that should be taken by the DHS (CBP) for the May 2021 mass-shooting rampage at Santa Clara’s VTA; 12.the formal/informal opinions held by the DHS (CRCL) about the working conditions at Santa Clara’s VTA and the extent to which they are unfavorable to Caucasian man who have gotten a salary of $160,000 in 2019; and 13.the formal/informal opinions held by the DHS about white entitlement and white privilege taking into consideration the mass-shooting rampage at Santa Clara’s VTA in May 2021. Initially, we note that CBP has neither the authority nor the ability to disclose records created and maintained by other DHS components or other federal agencies. Each DHS component and federal agency has its own statutory authority and maintains its own, separate FOIA office. With regard to CBP records, we searched TECS, an overarching law enforcement information collection, risk assessment, and information sharing environment. It is also a repository for law enforcement and investigative information. TECS is comprised of several modules that collect, maintain and evaluate screening data, conduct targeting analysis, and makes information available to appropriate law enforcement officers of the U.S. Government. TECS includes border crossing information on travelers entering and departing the United States. That search produced one Electronic Media Report (one five-page record), two Secondary Inspection Reports (two two-page records), and one list of entries and exits (one three-page record), which we are releasing with certain information redacted. FOIA Issues We have withheld some information from release in the attached records. While the FOIA espouses “a general philosophy of full agency disclosure,”Dep’t of the Air Force v. Rose, 425 U.S. 352, 360-61 (1976), some governmental information is exempted from release under the FOIA under clearly delineated statutory language. See, 5 U.S.C. § 552(b) et seq. Thus, while “disclosure, not secrecy, is the dominant objective of [FOIA],” there are some records that exist outside the statute’s broad reach.Rose, 425 U.S. at 361. We have provided you with the greatest amount of information possible. The direct language of the Freedom of Information Act instructs federal agencies to provide any “reasonably segregable portion of a record” to “any person requesting such record after deletion of the portions which are exempt.” 5 U.S.C. §552(b). We do not take this charge lightly. To comport with this requirement, this office undertook a line-by-line review of the records and “differentiate[d] among the contents of a document rather than to treat it as an indivisible ‘record’ for FOIA purposes.”Fed. Bureau of Investigation v. Abramson, 456 U.S. 615, 626 (1982). In withholding certain information, we blacked out only the information protected by the statutorily defined exemptions and identified the applicable exemption at the location of redaction. We limited our withholdings to that information in which “the agency reasonably
foresees that disclosure would harm an interest protected by an exemption,” 5 U.S.C. §552(a)(8)(A)(i), as described in further detail below. Even if information technically fell within the bounds of an exemption, we did not redact it unless we could identify any foreseeable harm that would flow from its release. As for the records disclosed to you in response to your FOIA appeal, several redactions were made. Portions of these records were redacted pursuant to FOIA exemptions 5 U.S.C. 552 (b)(6), (b)(7)(C), and (b)(7(E). In redacting portions of these records, CBP used three of the FOIA Exemptions that serve to shield from disclosure information the disclosure of which might harm other individuals or the law enforcement efforts of the United States Federal Government. In this case, the use of FOIA exemptions 5 U.S.C. 552 (b)(6), (b)(7)(C), and (b)(7)(E) is, in each instance, appropriate and measured so as to disclose the maximum amount of information while ensuring the nondisclosure of information the disclosure of which would contravene one or more of the FOIA exemptions. For your information, Congress excluded three discrete categories of law enforcement and national security records from the requirements of the FOIA. See 5 U.S.C. 552(c). This response is limited to those records that are subject to the requirements of the FOIA. This is a standard notification that is given to all our requesters and should not be taken as an indication that excluded records do, or do not, exist. Freedom of Information Act The FOIA “was enacted to facilitate public access to Government documents.” U.S. Department of State v. Ray, 502 U.S. 164, 173 (1991). The predominant objective of the FOIA is the disclosure of executive branch information that is maintained by the Federal Government to the public unless the requested records contain certain categories of information that are exempt or excluded from compelled disclosure. FOIA provides nine exemptions and three exclusions pursuant to which an agency may withhold requested information. Thus, the public’s right to government information is not without limits. FOIA exemptions are to be narrowly construed, however, and the burden is on the government to demonstrate that the materials sought may be withheld due to one or more of the exemptions. In any event, the FOIA provides that any non- exempt information that is reasonably segregable from the requested records must be disclosed. The segregability requirement limits claims of exemption to discrete units of information; to withhold an entire document, all units of information in that document must fall within a statutory exemption. See Trans-Pac. Policing Agreement v. US. Customs Serv., 177 F. 3d 1022, 1027 (D.C. Cir. 1999). Further, the FOIA does not obligate agencies to create or retain documents nor require an agency to produce information that does not exist in record form or create a document that answers a requester’s questions. See Frank v. U.S. Dep’t of Justice, 941 F.Supp. 4, 5 (D.D.C. 1996); Kissinger v. Reporters Committee for Freedom of the Press, 445 U.S. 136, 152 (1980).
Freedom of Information Act Exemptions FOIA Exemption (b)(6) permits the government to withhold information about an individual in “personnel and medical and similar files” when the disclosure “would constitute a clearly unwarranted invasion of personal privacy.” 5 U.S.C. 552(b)(6). To warrant protection under Exemption (b)(6), information must fall within the category of “personnel and medical files and similar files.” U.S. Dep’t of Justice v. Reporters Committee for Freedom of the Press, 489 U.S. 749 (1989). Once the threshold is met, Exemption (b)(6) requires a balancing of the public’s right to know against an individual’s right to privacy to determine whether disclosure of the record at issue would constitute a clearly unwarranted invasion of a person’s privacy. Dep’t of the Air Force v. Rose, 425 U.S. 352 (1976). In the matter at hand, we find that you have no genuine and significant interest in the identity of the CBP officer whose name appears in the records, nor have you demonstrated how the disclosure of this information will advance the primary goal of the FOIA: to shed light on the operation of the federal government. FOIA Exemption (b)(7)(C) is used as an additional basis to withhold the name or alpha- numerical designation of a CBP officer involved in the matters involving your client. Exemption (b)(7) is subdivided into six subparts, (A) through (F). The initial requirement of Exemption (b)(7) is that the records or information subject to disclosure consideration have been “compiled for law enforcement purposes.” 5 U.S.C. 552 (b)(7). It is noted at the outset that Exemption (b)(7) applies to civil, criminal and administrative law enforcement proceedings. See generally Center for National Policy Review v. Weinberger, 502 F.2d 370 (D.C. Cir. 1974); Detroit Free Press, Inc. v. Department of Justice, 73 F.3d 93 (6th Cir. 1996); Ortiz v. Health and Human Services, 70 F.3d 729 (2d Cir. 1995). It is further noted that this exemption is equally applicable to and makes no distinction regarding whether the records were compiled for local, state, federal or foreign law enforcement generally. See Wojtczak v. United States, 548 F. Supp. 143 (E.D. Pa. 1982); Kuffle v. Bureau of Prisons, 882 F. Supp. 1116 (D.D.C. 1995); Bevis v. Department of State, 801 F.2d 1386 (D.C. Cir. 1986). As noted above, the name of a CBP officer has been withheld pursuant to exemption (b)(7)(C) (5 U.S.C. 552(b)(7)(C)). Exemption (b)(7)(C) exempts from disclosure “records and information compiled for law enforcement purposes” the disclosure of which “could reasonably be expected to constitute an unwarranted invasion of personal privacy.” 5 U.S.C. 552 (b)(7)(C). This exemption protects, among other information, the identity of law enforcement personnel and third-parties referenced in files compiled for law enforcement purposes. It also protects information the disclosure of which would tend to identify a third-party who is referred to in the record. At least in regard to law enforcement personnel, this exemption is designed to protect them from “harassment and annoyance in the conduct of their official duties in their private lives” that could conceivably result from public disclosure of their identity. Nix v. United States, 572 F.2d 998, 1006 (4th Cir. 1978). In addition, with regard to Exemption (b)(7)(C), we are required to perform a balancing test regarding an individual’s privacy interest versus the public interest in disclosure of his or her name. See Castenada v. United States, 757 F.2d 1010, 1012 (9th Cir. 1985). The privacy interests referenced above far outweigh whatever public interest, if any, exists in having the
name of a CBP officer released. Thus, releasing this information to the general public could reasonably be expected to constitute an unwarranted invasion of personal privacy. Having established that the threshold conditions to apply either Exemption (b)(6) or (b)(7)(C) have been met, we next consider the potential privacy interests of the individuals who may be identified in the responsive records. The right protected by the personal privacy exemptions covers “the individual’s control of information concerning his or her person.” Dep’t of Justice v. Reporters Comm. for Freedom of the Press, 489 U.S. 749, 763 (1989). While the exemptions only protect a “substantial” privacy interest, that threshold is low, and will be met anytime the release of information implicates a de minimis privacy interest. Multi Ag Media LLC v. U.S. Dep’t of Agriculture, 515 F.3d 1224, 1229 (D.C. Cir. 2008). It therefore covers information that is “prosaic (e.g., place of birth and date of marriage) as well as the intimate and potentially embarrassing.” Painting & Drywall Work Pres. Fund, Inc. v. Housing and Urban Develop., 936 F.2d 1200, 1302 (D.C. Cir. 1991). The names and identities in question today clearly implicate those privacy interests. As personnel of a “security agency,” those individuals have a substantial privacy interest in that information not being released to the public. See 5 CFR 293.311; Memorandum from CBP Acting Commissioner Mark Morgan, All CBP Designated as a Security Agency under Office of Personnel Management (January 31, 2020). Both Exemption (b)(6) and Exemption (b)(7)(C) have been found to protect the privacy interests of all persons mentioned in law enforcement records, including investigators, suspects, witnesses and informants. Lewis v. Dep’t of Justice, 609 F. Supp. 2d 80, 84 (D.D.C. 2009). See also Roth v. Dep’t of Justice, 642 F.3d 1161, 1174 (D.C. Cir. 2011) (“we have ‘long recognized,’ the mention of an individual’s name in a law enforcement file will engender comment and speculation and carries a stigmatizing connotation. [N]ot only the targets of law-enforcement investigations, but also ‘witnesses, informants, and ... investigating agents’ have a ‘substantial interest’ in ensuring that their relationship to the investigations ‘remains secret.’”) (internal citations omitted). We therefore find the privacy interest of the individuals identified in the records to be significant. Exemption (b)(7)(E) protects from release all law enforcement information that “would disclose techniques and procedures for law enforcement investigations or prosecutions, or would disclose guidelines for law enforcement investigations or prosecutions if such disclosure could reasonably be expected to risk circumvention of the law.” 5 U.S.C. 552(b)(7)(E). (See Nowak v. IRS, 2000 U.S. App. LEXIS 948 (9th Cir. 2000)(Exemption (b)(7)(E) authorizes the withholding of records and information that consist of or reveal a law enforcement “technique” or “procedure” when that technique or procedure is employed in law enforcement investigations.) See, e.g., Durrani v. DOJ, 607 F. Supp. 2d 77, 91 (D.D.C. 2009) (“Exemption 7(E) affords categorical protection for techniques and procedures used in law enforcement investigations and prosecutions.”); Judicial Watch, Inc. v. U.S. Dep’t of Commerce, 337 F. Supp. 2d at 181 (reiterating that first clause of Exemption 7(E) provides “categorical protection” for law enforcement techniques and procedures)). Information that has a law enforcement purpose where disclosure would risk circumvention of law enforcement techniques and procedures is being withheld under Exemption (b)(7)(E). Disclosure of the information in this matter would reveal enforcement techniques and procedures, strategies, law enforcement database information and record identification numbers (including the electronic
case numbers) that would facilitate unauthorized access to, or circumvention of, CBP law enforcement databases. Decision We are releasing four records. As explained above, portions of these records have been redacted in part. Appeal Rights Pursuant to the Freedom of Information Act, particularly 5 U.S.C. § 552 (a)(4)(B), you may seek judicial review of this administrative appeal decision. You mayinstitute judicial review in the United States District Court in the district in which youreside, have a principal place of business, where the agency records are located, or in the United States District Court for the District of Columbia. The Office of Government Information Services (OGIS) offers mediation servicesto resolve disputes between FOIA requesters and Federal agencies as a non-exclusive alternative to litigation. Using OGIS services does not affect your right to pursuelitigation. If you are requesting access to your own records (which is considered a Privacy Act request), you should know that OGIS does not have the authority to handlerequests made under the Privacy Act of 1974. If you wish to contact OGIS, you mayemail them at ogis@nara.gov or call 301-837-1996 or toll-free 1-877-684-6448. Sincerely, Matthew B. Pollack Matthew B. Pollack Matthew B. Pollack, Chief Disclosure Law and Judicial Actions Branch Regulations & Rulings Office of International Trade Enclosures: as stated
U.S. Customs and Border Protection U.S. Department of Homeland Security TECS - Electronic Media Report (b) (6), (b) (7)(C) Page 1 of 5 06/29/2022 15:04 EDT Generated By: (b) (7)(E) REPORT NUMBER REPORT STATUS CLOSED Summary Information Reason For Search (b) (7)(E) Port Code 2801-SF INTL ARPT (b) (7)(E) Incident Date 08/08/2016 Last Name CASSIDY Date of birth 08/29/1963 Country Of Birth USA - UNITED STATES Document Type First Name SAMUEL JAMES Gender M - Male Middle Initial Race W - WHITE Citizenship USA - UNITED STATES Document Number Issuing Country State/Province I/O I - Inbound Tear Sheet Provided Yes Officer/Agent (b) (6), (b) (7)(C) Notified Traveler Of Search Y - Yes Reason Tearsheet Not Provided [CBP OFFICER] Approving Supervisor (b) (6), (b) (7)(C) Exam Result Item 01 Details Phone Number Item Type CEL - CELLPHONE/ALL COMM DEVICES Make SAMSUNG GALAXY S 4 Model SAMSUNG SGH-1337 ID1 S - Serial Number ID2 Number R31D9191MPV Number ID3 Number ID4 Number Wireless connections disabled? Derogatory found Inspection Start Date 08/08/2016 Time 21:46 Inspection End Date 08/08/2016 Actions Action Status N/A Time 22:26 Action Date 08/08/2016 Additional Information Password Provided: Y (b) (7)(E) Examination and Returned to Traveler Item 01 Details Item Type DII - DIGITAL CAMERA/VIDEO CAMERA ID1 S - Serial Number ID2 Make CANNON Number 832061040646 Number Model POWER SHOT ID3 Number For Official Use Only / Law Enforcement Sensitive (b) (7)(E)
U.S. Customs and Border Protection U.S. Department of Homeland Security TECS - Electronic Media Report (b) (6), (b) (7)(C) Page 2 of 5 06/29/2022 15:04 EDT Generated By: (b) (7)(E) REPORT NUMBER REPORT STATUS CLOSED ID4 Number Wireless connections disabled? Derogatory found Inspection Start Date 08/08/2016 Time 21:40 Inspection End Date 08/08/2016 Actions Action Status N/A Time 21:45 Action Date 08/08/2016 Additional Information Password Provided: Y (b) (7)(E) Examination and Returned to Traveler REMARKS (b) (6), (b) (7)(C) 08/09/2016 05:01 (b) (7)(E) IOEM # 20162801181715 (b) (7)(E) (b) (7)(E) Officer in concurrence with Supervisor requested a media exam of CASSIDY's electronic approved the (b) (7)(E) (b) (6), (b) (7)(C) devices. Chief at 2134 hours. CASSIDY was notified of the exam and given a tear sheet. The media was examined accordance with agency procedures. NAME: CASSIDY, Samuel James DOB: 08/29/1963 TRAVEL INFORMATION: Departure itinerary: Flight PR 105Date: 07/23/2016Dep airport: SFOArrival airport: MNL Return itinerary: Flight PR 114 Date: 08/08/2016Dep airport: MNLArrival airport: SFO REASON FOR SECONDARY REFERRAL: (b) (7)(E) media exam (b) (6), (b) (7)(C) (b) (6), (b) (7)(C) (b) (7)(E) in (b) (7)(E) PASSPORT NUMBER/COUNTRY: 486192184 - U.S.A. ADDITIONAL PASSPORT NUMBERS/COUNTRIES: NONE LPR CLASSIFICATION AND A#/VISA CLASSIFICATION (IF ANY): N/A DISPOSITION (ADMITTED, DENIED/REFUSED, ARRESTED): Admitted, USC NAME OF SUPERVISOR WITNESSING OR SUPERVISORY NOTIFICATION: SCBPO TEAR SHEET NOTIFICATION OR ARTICULATE IF NO TEAR SHEET WAS PROVIDED: Tear sheet provided per CBP policy. 1. PURPOSE OF TRIP: CASSIDY was returning back to the U.S. after a 2 week trip. He was on vacation in the Philippines and traveling alone. 2. DURATION OF TRIP: 2 weeks 3. PERSONS VISITED/PERSONS TO BE VISITED: (b) (6), (b) (7)(C) (b) (6), (b) (7)(C) For Official Use Only / Law Enforcement Sensitive (b) (7)(E)
U.S. Customs and Border Protection U.S. Department of Homeland Security TECS - Electronic Media Report (b) (6), (b) (7)(C) Page 3 of 5 06/29/2022 15:04 EDT Generated By: (b) (7)(E) REPORT NUMBER REPORT STATUS CLOSED 4. PLACES VISITED ABROAD/PLACES TO BE VISITED IN THE U.S.: Philippines 5. SPONSORING ORG. FOR TRIP/MEANS USED TO PAY FOR TRIP: Unknown 6. OCCUPATION: Electrician 7. AFFILIATIONS WITH EDUCATIONAL OR PROFESSIONAL INSTITUTIONS: None 8. VALUE OF CASH AND OTHER MONETARY INSTRUMENTS IN THE TRAVELER'S POSSESSION/ AMOUNT OF OUTBOUND CURRENCY: $100 USD and 4,000 Philippine Pesos 9. NEXT DESTINATION: No upcoming travel per 10. ENTIRE TRAVEL ITINERARY (CITIES AND COUNTRIES VISITED, INCLUDING OUTBOUND PORT (S): See Above for complete itinerary 11. CITY AND COUNTRY OF BIRTH: Mountain View, California 12. CURRENT ADDRESS AND TELEPHONE NUMBER (INCLUDE ZIP CODE): 1178 Angmar CT, San Jose, CA 95121 13. RESPONSE FROM (INCLUDE NAME AND TELEPHONE NUMBER): No additional requests. 14. ADDITIONAL APPROPRIATE INFORMATION (b) (7)(E) . (b) (7)(E) (b) (7)(E) Subject was in possession of 1 Samsung Galaxy S 4 phone and 1 Cannon Power Shot camera. TIMELINE of Events Intercepted by CBP Officer (b) (7)(E) (b) (7)(E) (b) (7)(E) (b) (7)(E) (b) (7)(E) Officer at approximately 2033 hours (b) (6), (b) (7)(C) CBP Release of Subject: 2250 hours On August 08, 2016, CASSIDY, Samuel James (DOB: 08/29/1963) arrived at San Francisco International Airport onboard Philippine Airlines flight 114 from Manila, Philippines. CASSIDY was and sent from the baggage checkpoint to CASSIDY traveled to the Philippines for approximately 2 weeks. CASSIDY stated he went to the Philippines for tourism and sightseeing. what exactly he did while he was in the Philippines, and he stated he went to Cebu and Manila and ate some food. CASSIDY continued to give vague answers, and said he was alone and did not meet anyone while in the Philippines. He was asked again if he had friends or a met up with anyone in the Philippines and he still stated no. CASSIDY stated he worked at the VTA as an electrician. CASSIDY was questioned if he was prescribed any medication. He stated he has Viagra and some Thyroid medication. During the baggage exam, some books about terrorism and fear, and manifestos were found, and also a black memo book filled with lots of notes and how he hates the VTA. problems at work with anyone, and he stated no. Subject was questioned about the books, and he stated "just curious." Officer psychologist or was taking any behavior type medication. He stated no, but during the inspection a prescription bottle of Clonazepam was found. CASSIDY stated it was for For Official Use Only / Law Enforcement Sensitive (b) (7)(E) Officer . (b) (7)(E) (b) (6), (b) (7)(C) Officer questioned CASSIDY as to (b) (7)(E) (b) (6), (b) (7)(C) (b) (7)(E) Officer asked CASSIDY if he had (b) (6), (b) (7)(C) (b) (7)(E) asked CASSIDY if he was seeing a (b) (6), (b) (7)(C) (b) (7)(E)
U.S. Customs and Border Protection U.S. Department of Homeland Security TECS - Electronic Media Report (b) (6), (b) (7)(C) Page 4 of 5 06/29/2022 15:04 EDT Generated By: (b) (7)(E) REPORT NUMBER REPORT STATUS CLOSED anxiety. The memo book found was dated during his entire trip to the Philippines. The first page had written, "Show immigration fake hotel bookings," regarding entering the Philippines. He had a list of priorities during his trip to the Philippines, one was die there, try not to have sex, and to hike/walk. CASSIDY had very strange writing in the memo book talking about a how he had sex with someone on her menstrual cycle, a girl named going through TSA, and dark thoughts about harming and vandalizing people named, . He had a short blurb about a 13 year old kissing, but inconclusive exactly what he was talking about. An exam of his checked luggage was conducted, and he had one zipped bag with open boxes of condoms, KY gel, lubricants, finger condoms, and a lice kit. One of the medications found, prescribe to him was Valacyclovir, which is used to treat herpes virus. Officer asked CASSIDY if he traveled to the Philippines to participate in sex tourism. Again, he stated no. Some perfume and a purse was found in his luggage, and he admitted that he met a girl online and that was her present. CASSIDY stated he did not give it to her because he did not want to. CASSIDY stated he was divorced since 2005 and has no children. In CASSIDY's hand carry bag, there were lots of receipts and papers. A stack of papers pulled out from his luggage were maps around Angeles City in the Philippines with various bars circled and notes written like, "Blow Row." Other papers were found that he had printed off a website called: www.Whorist.com/manila-sex-hooker- hotels. and www.Whorist.com/cebu-sexy-girls-hookers. CASSIDY had printed out a "How to Guide" on how and where to find prostitutes and erotic stories from Angeles City. The guide had hotels that were sex friendly such as, Southern Cross Hotel, Black Stump Hotel, and Duck Inn, which are around Manila and Angeles City. The hotel listed for Cebu and Mactan- Lapu Lapu City was Kiwi lodge "for sleazy sex encounters." CASSIDY had multiple business cards from the Kiwi Lodge in his luggage. He stated he stayed there, and it was hard for him to remember where the hotel was so he took a lot of cards. The how to, also gave information to go the "Ayala Shopping Mall" and "Shoe Mart shopping mall" and said it was easy to pick up hookers and get Viagra/Cialis at those places. CASSIDY was questioned as to why he had all these documents, and gave an answer, "just to read." Subject continuously gave one to two word answers and no specific details entailing his trip and seemed to be eluding from the truth. Subject had 1 Samsung Galaxy S 4 phone and 1 Cannon Power Shot Camera with a 32 GB memory card. He did not have any laptops or other media devices with him. CASSIDY stated he travels to the Philippines 1-2 times a year and also has trips to Bangkok, Thailand. (b) (7)(E) , other sexual encounters, tips about (b) (6), (b) (7)(C) and (b) (6), (b) (7)(C) (b) (6), (b) (7)( (b) (7)(E) (b) (6), (b) (7)(C) (b) (7)(E) Officer in concurrence with Supervisor (b) (7)(E) requested a manual exam of CASSIDY's electronic approved the (b) (7)(E) (b) (6), (b) (7)(C) devices. Chief at 2134 hours. See IOEM CASSIDY was explained that a he agreed. media exam (b) (6), (b) (7)(C) (b) (6), (b) (7)(C) (b) (7)(E) media exam would be conducted on his devices in which asked if there was any obscene material on any of his For Official Use Only / Law Enforcement Sensitive Officer (b) (7)(E) (b) (6), (b) (7)(C) (b) (7)(E)
U.S. Customs and Border Protection U.S. Department of Homeland Security TECS - Electronic Media Report (b) (6), (b) (7)(C) Page 5 of 5 06/29/2022 15:04 EDT Generated By: (b) (7)(E) REPORT NUMBER REPORT STATUS CLOSED devices such as, pornography, bestiality or child pornography. CASSIDY stated no, just some young girls, but they were in their bikinis. A tear sheet was provided to CASSIDY at approximately 2136 hours. After the tear sheet was provided, he asked if he should seek legal counsel. CASSIDY provided his passcode for his Samsung Galaxy 4 S phone. All of CASSIDY's devices above were brought to a private locked room out of the public view to conduct a media exam. Media exam was conducted by (b) (7)(E) (b) (7)(E) Officer (b) (7)(E) (b) (6), (b) (7)(C) Officer (b) (7)(E) (b) (6), (b) (7)(C) . All Media was examined in accordance with agency procedure and policy. At approximately 2140 hours examination of a Canon Power Shot camera with Serial Number: 832061040646 started and ended at approximately 2145 with negative findings. At approximately 2146 hours examination of a Samsung Galaxy S 4 with Serial Number: R31D9191MPV started and ended at approximately 2226 hours. CASSIDY had over 1,000 photos on his Samsung phone. He had 5 images of pornographic like material, but nothing involving children. He had messages on his phone from women in the Philippines and Thailand. He had several photos of these women, but none were obscene in nature. At approximately 2236 hours Officer devices to him. No further actions were taken and CASSIDY spoke with Supervisor approximately 2240 hours. CASSIDY departed the FIS area at approximately 2250 hours. Current Address: 1178 Angmar CT, San Jose, CA 95121 Phone Numbers: (cell) 408-761-2757 and 408-546-7664 E-mails: Sjcssdy@gmail.com and Sammyc29@att.net CA DL: N9804334 returned all of CASSIDY's electronic (b) (7)(E) (b) (6), (b) (7)(C) at (b) (6), (b) (7)(C) For Official Use Only / Law Enforcement Sensitive (b) (7)(E)
U.S. Customs and Border Protection U.S. Department of Homeland Security TECS - Secondary Inspection Report (b) (6), (b) (7)(C) Page 2 of 2 06/29/2022 14:42 EDT Generated By: Comments History (b) (6), (b) (7)(C) Created Date/Time: 08/09/2016 05:11 EDT Entered By Subject traveled to Cebu, Angeles City and Manila, Philippines for 2 weeks. (b) (7)(E) (b) (7)(E) Officer (b) (6), (b) (7)(C) requested a media exam of CASSIDY's approved the for more information (b) (6), (b) (7)(C) (b) (7)(E) electronic devices. Chief media exam at 2134 hours. See IOEM in concurrence with Supervisor (b) (7)(E) (b) (6), (b) (7)(C) Referral Reason History (b) (6), (b) (7)(C) (b) (7)(E) | Referred Date/Time:08/08/2016 23:33 EDT | Referred From Referred By: (b) (7)(E) For Official Use Only / Law Enforcement Sensitive (b) (6) (b) (7)(C)
U.S. Customs and Border Protection U.S. Department of Homeland Security TECS - Secondary Inspection Report (b) (6), (b) (7)(C) Page 2 of 2 06/29/2022 14:41 EDT Generated By: Comments History (b) (6), (b) (7)(C) Created Date/Time: 12/25/2016 06:50 EST advised to not use sentry if hes not a member of a trusted traveler program otherwise hes subject to a fine. subject is from san jose, ca and unfamiliar with Tijuana. released. Entered By: (b) (7)(E) Referral Reason History (b) (6), (b) (7)(C) (b) (7)(E) | Referred Date/Time:12/25/2016 06:32 EST | Referred From Referred By: (b) (7)(E) For Official Use Only / Law Enforcement Sensitive (b) (6) (b) (7)(C)
U.S. Customs and Border Protection U.S. Department of Homeland Security TECS - Person Encounter List (b) (6), (b) (7)(C) Page 1 of3 07/01/2022 10:11 EDT Generated By: Last Name First Name DOB Doc Type Document Number Date - Time (Eastern) Carrie r Code PR Carrier Num. I/O Site Insp Type Status Updated Status Ref Arr Loc Dep Loc (b) (7)(E) CASSIDY SAMUEL JAMES 08/29/1963 P 486192184 09/09/2019 22:40 114 I A286 APC TA AUTOMATED PASSPORT CONTROL, SFO APIS ON BOARD SFO MNL CASSIDY SAMUEL JAMES SAMUEL JAMES SAMUEL JAMES 08/29/1963 P 486192184 09/09/2019 00:00 08/23/2019 00:00 04/29/2019 22:04 PR 104 I APIS NOT ON BOARD ON BOARD SFO MNL CASSIDY 08/29/1963 P 486192184 PR 105 O APIS MNL SFO CASSIDY 08/29/1963 P 486192184 PR 114 I A286 APC TA AUTOMATED PASSPORT CONTROL, SFO APIS ON BOARD SFO MNL CASSIDY SAMUEL JAMES SAMUEL JAMES 08/29/1963 P 486192184 04/13/2019 00:00 04/09/2018 13:04 PR 115 O APIS ON BOARD MNL SFO CASSIDY 08/29/1963 P 486192184 HX 60 I A286 APC TA AUTOMATED PASSPORT CONTROL, SFO APIS ON BOARD SFO HKG CASSIDY SAMUEL JAMES SAMUEL JAMES 08/29/1963 P 486192184 03/25/2018 00:00 12/28/2017 20:58 HX 61 O APIS ON BOARD HKG SFO CASSIDY 08/29/1963 P 486192184 PR 104 I A286 APC TA AUTOMATED PASSPORT CONTROL, SFO APIS ON BOARD SFO MNL CASSIDY SAMUEL 08/29/1963 P 486192184 12/16/2017 00:00 09/11/2017 17:53 PR 105 O APIS ON BOARD MNL SFO CASSIDY SAMUEL JAMES 08/29/1963 P 486192184 KE 25 I A286 APC TA AUTOMATED PASSPORT CONTROL, SFO Name No Name, No A281 APC TG AUTOMATED PASSPORT CONTROL, SFO APIS ON BOARD SFO ICN CASSIDY SAMUEL JAMES SAMUEL JAMES 08/29/1963 P 486192184 08/27/2017 00:00 05/01/2017 23:49 KE 26 O APIS ON BOARD ICN SFO CASSIDY 08/29/1963 P 486192184 SQ 2 I APIS ON BOARD SFO HKG CASSIDY SAMUEL JAMES SAMUEL JAMES 08/29/1963 P 486192184 04/16/2017 00:00 12/25/2016 06:32 SQ 1 O APIS ON BOARD HKG SFO (b) (6), (b) (7)(C) CASSIDY 08/29/1963 P 486192184 I L255 VEHICLE (DCL) For Official Use Only / Law Enforcement Sensitive (b) (7)(E)
FOIA APPEAL CASE NO.: CPB – 2022 - 04151 04/26/2022 W (AACL) Michael A. Ayele P.O.Box 20438 Addis Ababa, Ethiopia E-mail : waacl13@gmail.com ; waacl1313@gmail.com ; waacl42913@gmail.com Freedom of Information Act (FOIA) Appeal Hello, This is Michael A. Ayele sending this message though I now go by W. You may call me W. I am writing this letter to file an appeal to the FOIA request, which was assigned by the Department of Homeland Security (DHS) Customs and Border Patrol (CBP) Case No: CBP – 2022 – 04151. Please be advised that I have concerns with the CBP’s failure to acknowledge that [1] Samuel Cassidy was an employee of the Santa Clara’s VTA before he carried out the murder-suicide shooting rampage in May 2021; [2] Samuel Cassidy had received an annual salary of $160,000 for the work he performed as an employee of the VTA; [3] Samuel Cassidy had admitted his hatred for the VTA in private and in public; [4] Samuel Cassidy was previously questioned by the DHS (CBP) for the hatred he professed to his previous place of employment; [5] the DHS (CBP) had written a memorandum about Samuel Cassidy following an interview they had conducted on the subject of his hatred for Santa Clara’s VTA. In short, I am worried with the adequacy of the search performed by CBP for the request, which was assigned Case No.: CBP – 2022 – 04151. The core issues presented in this records request are as follows. 1) What formal and informal ties exist between the DHS Civil Rights & Civil Liberties (CRCL), the Customs & Border Patrol (CBP), the Santa Clara Valley Transportation Authority (VTA), the Equal Employment Opportunity Commission (EEOC) and the California Department of Fair Employment & Housing (DFEH)? 2) Have employees and legal representatives of the CRCL formed an opinion about the actions taken by the DHS (CBP) with regards to Samuel Cassidy? 3) Has CRCL concluded that the DHS (CBP) should be held accountable for the mass shooting rampage that occurred at Santa Clara’s VTA? 4) Have employees and legal representatives of the CRCL examined the memo that was drawn up by the DHS (CBP) with regards to Samuel Cassidy? If yes, what thoughts have employees and legal representatives of the CRCL shared amongst themselves and employees of the DHS (CBP)? 5) If a person similarly situated to Samuel Cassidy admits to “hating” his place of work to agents of the DHS (CBP), do agents of the DHS (CBP) have an obligation to report his statement to law enforcement agencies such as the Santa Clara Sheriff/Police Departments, the EEOC and/or the DFEH? 6) Have you had any conversations about the salary of Samuel Cassidy at the Santa Clara’s VTA? i Taking into consideration that Samuel Cassidy earned over $160,000 working for the Santa Clara’s VTA in 2019, do working conditions there sound like a coal mine to the DHS? Has the DHS concluded any formal and/or informal opinions about white privilege and entitlement? As a representative of the media and a member of the general public, I ask that you perform a more thorough search for responsive records detailing [1] the formal and informal ties that exist between the DHS (CBP), the VTA, the EEOC and the DFEH; [2] your discussions about the Date.: April 26th 2022 W (AACL) – MICHAEL A. AYELE 1
FOIA APPEAL CASE NO.: CPB – 2022 - 04151 04/26/2022 May 2021 murder-suicide mass shooting rampage at Santa Clara Valley Transportation Authority (VTA); [3] your discussions about Samuel Cassidy as a Caucasian man who was employed for the VTA before he carried out the murder-suicide mass shooting rampage; [4] your discussions about the reasons, which led Samuel Cassidy to carry out a murder-suicide mass shooting rampage at his previous place of employment; [5] your discussions about Samuel Cassidy as a Caucasian man, who according to his ex-girlfriend had been diagnosed with bipolar disorder; [6] your discussions about Samuel Cassidy as a Caucasian man, who had previously been questioned by the Department of Homeland Security (DHS) Customs & Border Patrol (CPB) on the issue of his “hatred for the VTA;” ii [7] the DHS (CBP) memo on Samuel Cassidy;iii [8] the complaints filed by Samuel Cassidy with the EEOC and/or the California Department of Fair Employment & Housing (DFEH) alleging discriminatory practices ongoing in the VTA; [9] your discussions about the open-letter penned by San Jose Mayor Samuel Liccardo following the murder-suicide mass shooting rampage carried out by Samuel Cassidy; iv [10] your discussions about San Jose becoming the first U.S city to mandate gun liability insurance;v [11] the extent of the DHS role in San Jose becoming the first U.S city to mandate gun liability insurance; [12] the formal/informal opinions held by the DHS (CRCL) on the responsibility that should be taken by the DHS (CBP) for the May 2021 mass-shooting rampage at Santa Clara’s VTA; [13] the formal/informal opinions held by the DHS (CRCL) about the working conditions at Santa Clara’s VTA and the extent to which they are unfavorable to Caucasian man who have gotten a salary of $160,000 in 2019; [14] the formal/informal opinions held by the DHS about white entitlement and white privilege taking into consideration the mass- shooting rampage at Santa Clara’s VTA in May 2021. Under penalty of perjury, I hereby declare that all the statements I have made are true and accurate to the best of my knowledge. Be well. Take care. Keep yourselves at arms distance. Respectfully submitted: W (AACL) Michael A. Ayele Anti-Racist Human Rights Activist Audio-Visual Media Analyst Anti-Propaganda Journalist W (AACL) – MICHAEL A. AYELE 2
FOIA APPEAL CASE NO.: CPB – 2022 - 04151 04/26/2022 Work Cited i The man who shot and killed nine people at a Santa Clara Valley Transportation Authority (VTA) light rail yard Wednesday was identified as Samuel Cassidy, 57, a San Jose resident and VTA employee. Federal authorities have also confirmed that Cassidy had been detained by U.S. Customs agents five years ago because he had writings about terrorism and hating his workplace. (…) Cassidy had worked for Valley Transportation Authority since at least 2012, according to the public payroll and pension database Transparent California, first as a mechanic from 2012 to 2014, then as someone who maintained substations. Cassidy earned more than $114,000 in regular and overtime pay along with an additional $46,000 in benefits in 2019, according to public records. He was listed as the owner of a home on the 1100 block of Angmar Ct. in the Ramblewood neighborhood of South San Jose, which caught fire around the same time as the VTA shooting. (…) Investigators said the arson blaze was triggered by a pot of ammunition left slow-cooking on his stove and a kitchen sprayed with accelerants. Search teams also found a massive cache of weapons, ammunition and over a dozen Molotov cocktails inside the burned structure. Firefighters responded to the fire at the home minutes after Cassidy began his deadly rampage at the transit facility. Investigators were trying to not only determine the motive behind the shooting that left nine co-workers dead, but also if the fire was set on a time delay to divert first responders away from the VTA yard. “The intent was to burn down the house,” Santa Clara Sheriff Laurie Smith said. “He knew what he was doing.”Who Is Samuel Cassidy, Gunman in San Jose Mass Shooting At VTA Rail Yard? CBS San Francisco Bay Area.: https://sanfrancisco.cbslocal.com/2021/05/29/samuel-cassidy-gunman-vta-rail-yard-san-jose/ Samuel Cassidy, Transparent California.: https://transparentcalifornia.com/salaries/2019/santa- clara-valley-transportation-authority/samuel-cassidy/ iiCassidy had worked at the VTA since January 2001. His most recent job was a substation maintainer, which the VTA said is someone who works on the equipment that converts the power to run light rail trains. The shooting took place at about 6:30 a.m. PT at a light rail yard in San Jose as employees were starting trains up for the day, authorities said. Video shows that the gunman arrived about 5:30 a.m., FBI Special Agent in Charge Craig Fair said. Law enforcement officers quickly arrived at the scene but did not exchange gunfire with Cassidy. "I know for sure that when the suspect knew the law enforcement was there, he took his own life. Our deputies were right there at that time," said Santa Clara County Sheriff Laurie Smith. The sheriff's office said in a news release Thursday that recently discovered evidence pointed to Cassidy as being angry about work. "We can say that the suspect has been a highly disgruntled VTA employee for many years, which may have contributed to why he targeted VTA employees," the statement says. The gunman fired 39 bullets and investigators think he targeted his victims, the sheriff told CNN. During his rampage, the shooter told a local union official who was present but did not work for the VTA, "I'm not going to shoot you," according to Smith. (…) Cassidy had a hatred for his workplace that he expressed in notes discovered when his bags were searched almost five years ago, a Department of Homeland Security official told CNN on Thursday. W (AACL) – MICHAEL A. AYELE 3
FOIA APPEAL CASE NO.: CPB – 2022 - 04151 04/26/2022 Cassidy was taken into secondary inspection after returning from a trip to the Philippines on August 8, 2016, and US Customs and Border Protection officers searched his belongings, the official said. In addition to a black memo book filled with notes about hatred towards the transit agency, officers also found books about terrorism and fear and manifestos, the official said. (…) Cassidy was detained by CBP officials, at least in part because of red flags regarding sex tourism in that part of the world, the DHS official said. There is no indication that anything related to sex tourism was found. It doesn't appear that follow-up action was taken after the 2016 search, the official said. Cassidy traveled at least one more time to the Philippines after the 2016 inspection, the official said, but it's unclear if he was extensively searched after that subsequent trip. San Jose officials said police were never informed of the stop or the writings. (…) Cassidy had a strained relationship with an ex-girlfriend, court documents show, which revealed troubling allegations she made in a filing in 2009 as she responded to a restraining order he filed against her. The woman says she dated Cassidy for approximately one year in what she said became an off-and-on-again relationship after about six months. She described Cassidy as having mood swings that were "exacerbated when (Cassidy) consumed large quantities of alcohol," she said in the court document, and she alleged he had bipolar disorder. She said he enjoyed playing mind games with her, according to the court document. "Several times during the relationship he became intoxicated, enraged and forced himself on me sexually," said the former girlfriend, who CNN is not naming and is reaching out to for comment. Cassidy's ex-wife, Cecilia Nelms, told CNN affiliate the Bay Area News Group he resented his work. Nelms was married to Cassidy for about 10 years until the couple filed for divorce in 2005. She has not been in touch with her ex-husband for about 13 years, according to the outlet. "He had two sides," Nelms said. "When he was in a good mood he was a great guy. When he was mad, he was mad." He often spoke angrily about his coworkers and bosses, and at times directed his anger at her, Nelms told the outlet. When the two were married, he "resented what he saw as unfair work assignments" and "would rant about his job when he got home," she said. "He just thought that some people got more easy-going things at work, and he'd get the harder jobs," she said. San Jose gunman had three weapons on him and a dozen more at home, sheriff’s office says, CNN.: https://edition.cnn.com/2021/05/27/us/san-jose-shooting-suspect/index.html iiiU.S. Customs officers had previously detained the man who killed nine people in San Jose, Calif., on Wednesday and found that he professed a hatred of his workplace where the shooting occurred, according to a Department of Homeland Security memo. San Jose Shooter Was Previously Questioned by Law Enforcement Over Hatred of Workplace, The Wall Street Journal.: https://www.wsj.com/articles/san-jose-shooter-was-previously-questioned-by-law- enforcement-over-hatred-of-workplace-11622142384?mod=hp_lead_pos3 ivIn my city, a mass shooting took the lives of nine people at a transit rail yard in May. In the W (AACL) – MICHAEL A. AYELE 4
FOIA APPEAL CASE NO.: CPB – 2022 - 04151 04/26/2022 three weeks since, while friends and family have grieved over their devastating loss, San Jose suffered about 15 more episodes of gun violence, according to San Jose Police Department records received by my office. No longer do these facts startle; our nation has become desensitized to the ubiquity of gun violence. After each horror, prayers and platitudes precede what can only be described as a quiet conspiracy of congressional inaction and a distracting news cycle that anesthetizes our collective outrage. We move on. Grieving communities don't have the luxury of forgetting. We live among devastated family members, we hear the echoes of painful eulogies, and we work with traumatized friends. I joined several colleagues to propose a comprehensive set of initiatives to reduce gun related harm in San Jose. These proposals include two measures that no other city nor state in the United States has ever tried: mandatory gun insurance to support victims, and mandatory gun fees to compensate taxpayers. As with many other Silicon Valley innovations, we intend to implement and test these ideas, learn from our mistakes, improve, iterate and provide a platform for others to scale them to benefit their own communities. First, we will require every gun owner in my city to have liability insurance, regardless of where they purchased their gun. Insurance compensates the victims of unintentional gun harm -- which annually injures 27,000 Americans and claims the lives of 500 more -- paying medical bills, rehabilitative needs, and tragically, funeral expenses. Insurance also incentivizes safe gun ownership, where risk-adjusted premiums might encourage owners to take gun-safety courses, use gun safes or install child-safety locks. In the context of auto safety, insurers rewarding good driving or the use of airbags have reduced per-mile auto fatalities by 80% in five decades, saving 3.5 million lives. We need a similar approach to address unintentional firearm risk, because 4.6 million children live in a household where a gun is kept unlocked and loaded, and three-quarters of gun injuries occur at home. Second, we will require gun owners to pay a modest annual fee to compensate taxpayers for the cost of gun-related violence. Every day, our residents bear the financial burden for police officers who bravely respond to shootings, for ambulances that transport the wounded, and for trauma surgeons to save them. These direct costs of gun violence to California taxpayers -- to say nothing of the costs to victims or their families -- exceeded $1.4 billion in 2018, a sum equivalent to the entire General Fund budget of my city, America's 10th largest. Many like to point to the Second Amendment to skew the discussion on much needed gun reform. And while it protects the rights of citizens to own guns, it doesn't require the public to subsidize gun ownership. Skeptics will say that criminals won't comply. They're right; yet that's an important feature of these proposals, not a defect. These ordinances create a legal mandate that provides police with a lawful means for seizing guns from non-law-abiding, dangerous people. The response to every officer's call for domestic violence in my city, for example, includes the question, "do you have any guns in the home?" If that gun owner lacks proof of payment or insurance, the police can seize the gun -- and dramatically reduce the lethality of the risk to the W (AACL) – MICHAEL A. AYELE 5
FOIA APPEAL CASE NO.: CPB – 2022 - 04151 04/26/2022 victim. Of course, the benefits can be more widespread: the majority of mass shootings in the US victimize intimate partners or otherwise involve domestic violence. These proposals won't magically stop gun violence. We can develop a vaccine to stop a single virus, but no panacea exists for an epidemic of gun violence that involves the presence of at least 300 million potential weapons in the US. Public health approaches that have saved millions of lives otherwise lost for reasons related to smoking, driving or alcohol emphasize a multifaceted approach. So too, to reduce gun harm, we'll need many interventions -- both innovative and familiar ones. In San Jose, we've proposed to bolster California's "red flag " law -- which authorizes courts to temporarily seize firearms from anyone believed to be a danger to themselves or others -- and to better inform our community to know how to use it. We will ban untraceable "ghost guns." We will crack down on straw purchasing -- such as by videotaping every gun store transaction -- to ensure that criminals can't buy guns through stand-ins. Above all, we will do more to look out for one another, such as by coordinating early mental health interventions where family members or coworkers observe troubling signs of distress. We can crowd-source vigilance -- and compassion -- from our community. We have all suffered enough, through 40,000 annual firearm related deaths, 71,000 injuries, and millions of broken hearts. The reason is no secret: we live in a nation with more guns than adults. Yet we can make both safer. It's time to move beyond prayers and platitudes to action. San Jose mayor: Gun owners should cover the cost of gun violence, CNN.: https://edition.cnn.com/2021/06/15/opinions/san-jose-gun-control-initiative- liccardo/index.html v Gun owners in San Jose, California, would be required to carry insurance coverage for their weapons and pay an annual "harm reduction" fee under a newly approved city ordinance believed to be the first of its kind in the United States. The measure, backed on an 8-3 vote on Tuesday night by the City Council for the state's third most populous municipality, brought an immediate court challenge from national gun rights advocates. The bill is subject to a final "reading" by the council next month, a step considered largely perfunctory, before it becomes law. Once passed, it would take effect in August. Even before Tuesday's approval, the ordinance was singled out by gun rights proponents as a new flashpoint in the national debate between advocates for tougher firearms regulation and those for the U.S. Constitution's Second Amendment right to keep and bear arms. The measure would require city residents owning guns to obtain special liability insurance covering losses and damages stemming from negligent or accidental use of their weapons. City gun owners would also have to pay a small annual fee earmarked for evidence-based "harm-reduction" programs aimed at reducing gun violence, suicide, domestic abuse and other firearm-related risks, the city said in a statement explaining the bill. "We are seeing an epidemic of violence and harm from the use of guns in cities throughout the country, and San Jose is no exception," Mayor Sam Liccardo told Reuters in an interview on Wednesday. "We are tired of waiting for Congress to act." San Jose, in the heart of California's W (AACL) – MICHAEL A. AYELE 6
FOIA APPEAL CASE NO.: CPB – 2022 - 04151 04/26/2022 Silicon Valley south of San Francisco, is the first U.S. municipality to adopt such an ordinance, he said. Opponents said they feared the measure could set a precedent for other cities. San Jose votes to be first U.S City to mandate gun liability insurance, Reuters, Yahoo.: https://www.yahoo.com/news/san-jose-votes-first-us-090820167.html W (AACL) – MICHAEL A. AYELE 7
RECORDS REQUEST 04/03/2022 W (AACL) Michael A. Ayele P.O.Box 20438 Addis Ababa, Ethiopia E-mail : waacl13@gmail.com ; waacl1313@gmail.com ; waacl42913@gmail.com Request for Records Hello, This is Michael A. Ayele sending this message though I now go by W. You may call me W. I am writing this letter to file a request for records with your offices.i The bases for this records request are (1) the January 14th 2013 letter written by the National Council on Disability (NCD) to then Vice-President Joseph R. Biden (Joe Biden) on the 2nd Amendment of the U.S Constitution;ii (2) the complaint filed by the City & County of Saint Louis, Missouri for the purpose of blocking the recently publicized Missouri’s Second Amendment Preservation Act;iii (3) the complaint filed by the Government of Mexico in the United States District Court for the District of Massachusetts, which has been assigned Case Number 1:21 – cv – 11269 – FDS;iv (4) the decision of the City of San Jose to require gun owners to have liability insurance.v I) Requested Records What I am requesting for prompt disclosure are all records within your possession detailing (1) the formal and informal ties that exist between your office, the Department of Commerce, the Department of Education (DoED), the Department of Homeland Security (DHS), the Department of Justice (DOJ), the Department of Labor (DOL), the Department of State (DoS), the Department of the Treasury, the Equal Employment Opportunity Commission (EEOC), the National Council on Disability (NCD), the Social Security Administration (SSA) and the White House; (2) your communications about Joe Biden being one of fifteen Vice Presidents who went on to become U.S President alongside John Adams, Thomas Jefferson, Martin Van Buren, John Tyler, Millard Fillmore, Andrew Johnson, Chester A. Arthur, Theodore Roosevelt, Calvin Coolidge, Harry S. Truman, Lyndon B. Johnson, Richard Nixon, Gerald R. Ford and George H. W. Bush; vi (3) your communications about the January 2013 NCD letter recommending for then Vice-President Joe Biden to “develop a framework to invest in community-based mental health support and programs;” (4) your communications about the January 2013 NCD letter recommending for then Vice-President Joe Biden to “avoid any proposal to link the Social Security Administration’s database of representatives payees with the FBI’s National Instant Criminal Background Check System (NICS);” (5) your communications about the January 2013 NCD letter recommending for then Vice-President Joe Biden to “avoid any proposal comparable to the provision of S. 436, the Fix Gun Checks Act; which amends the Higher Education Act to require colleges and universities to outline procedures for the involuntary referrals of students with perceived psychiatric disabilities for evaluation and institutionalization;” (6) your communications about the January 2013 NCD letter recommending for then Vice-President Joe Biden to “ensure that identification and isolation of individuals who have harmed others or are Date.: April 03rd 2022 W (AACL) – MICHAEL A. AYELE 1
RECORDS REQUEST 04/03/2022 at risk of committing acts of violence does not lead to unnecessary expansion in institutionalization, involuntary commitment and forced treatment for individuals who may benefit from mental health services and supports but pose no risk of violence and have a basic human rights to make independent decisions;” (7) your communications about the Missouri Department of Mental Health (DMH) as a state agency, which refuses to confirm or deny to former employee Michael A. Ayele (a.k.a) W that many patients/prisoners of the Fulton State Hospital (FSH) Hearnes Forensic Center (HFC) have ceased to pose an imminent threat to themselves as well as others; (8) your communications about the Missouri DMH as a state agency, which refuses to confirm or deny to former employee Michael A. Ayele (a.k.a) W that many patients of the FSH (HFC) are being incarcerated for unduly long period of time instead of going to a less-restrictive environment; (9) your communications about the Missouri DMH as a state agency, which refuses to confirm or deny to former employee Michael A. Ayele (a.k.a) W that complaints had been filed by staff of the FSH (HFC) because patients/prisoners thereof had been incarcerated for unduly long period of time instead of going to a less-restrictive environment; (10) your communications about the Missouri DMH as a state agency, which refuses to confirm or deny to former employee Michael A. Ayele (a.k.a) W that complaints had been filed by patients/prisoners of the FSH (HFC) because they had been incarcerated for unduly long period of time instead of going to a less restrictive environment; vii (11) your communications about the decision of the NCD to inform then Vice-President Joe Biden that “there is no current system capable of reliably identifying persons who are likely to become dangerous;” (12) your communications about the decision of the NCD to inform then Vice- President Joe Biden that “there is no established correlation between psychiatric diagnosis and violent behavior;” (13) your communications about the decision of the NCD to inform then Vice-President Jose Biden that “federal legislation calling for forced medication or treatment would restrict the fundamental civil rights of people with psychiatric disabilities;” (14) your communications about the NCD as an independent non-partisan federal agency, which has “consistently expressed concern about the conflation of mental health disabilities with gun violence;” (15) your communications about the NCD as an independent non-partisan federal agency, which “takes no position with respect to many of the often debated issues around availability of guns” in American society; viii (16) your communications about the NCD as an independent non-partisan federal agency, which has applauded “the Senate’s approval of the bipartisan disapproval resolution to unlink the Social Security Administration’s database of representative payees with the Federal Bureau of Investigation’s National Instant criminal Background Check System;” ix(17) your communications about the COVID-19 pandemic having led to significant increases in gun sales throughout the United States of America (U.S.A); x (18) your communications about the Joe Biden – Kamala Harris White House administration “comprehensive strategy to prevent and respond to gun violence and ensure public safety;” (19) your communications about the actions taken by the Joe Biden – Kamala Harris administration to “establish zero tolerance for rogue gun dealers that willfully violate the law;”xi (20) your communications about the actions taken by the Joe Biden – Kamala Harris administration to “maximize the efficacy of ATF resources to crack down on rogue gun dealers violating” U.S laws; (21) your communications about the decision of the Bureau of Alcohol, Tobacco and W (AACL) – MICHAEL A. AYELE 2
RECORDS REQUEST 04/03/2022 Firearms (ATF) to designate a “specific point of contact in every field division for mayors, police chiefs, or other local leaders to report concerns about particular dealers’ compliance with the law;” (22) the name(s), the academic background(s), the professional responsibility(ies) and annual salary(ies) of the ATF point of contact serving in your City & County for the purpose of auditioning your concerns about gun violence as well as your conversations with them; (23) your communications about the actions taken by the Joe Biden – Kamala Harris administration to launch a multijurisdictional firearms trafficking strike force; (24) your communications about the actions taken by the Joe Biden – Kamala Harris administration to “provide the public with additional data to promote transparency and accountability in enforcement of federally licensed firearms dealer policies;” (25) your communications about the actions taken by the Joe Biden – Kamala Harris administration to “convene state legislators and Attorneys General regarding policy strategies to hold gun dealers and manufacturers accountable for their contribution to the flow of crime guns;”xii (26) your communications about the actions taken by the Joe Biden – Kamala Harris administration to expand “summer programming, employment opportunities, and other services and supports, especially for teenagers and young adults;”xiii (27) your communications about the actions taken by the Joe Biden – Kamala Harris administration to “help formerly incarcerated individuals successfully reenter their communities;” xiv (28) your communications about the actions taken by the Joe Biden – Kamala Harris administration to “expand federal hiring of formerly incarcerated persons;”xv (29) your communications about the DOJ’s Hiring Second Chance Act Fellow; xvi(30) your communications about the actions taken by the Joe Biden –Kamala Harris administration to “leverage tax credits to incentivize hiring of formerly incarcerated individuals;” xvii (31) your communications about the additional actions taken by the Joe Biden –Kamala Harris administration to “reduce gun crime;”xviii (32) your communications about the Freedom of Information Act (FOIA) appeal submitted by Michael A. Ayele (a.k.a) W citing several inconsistencies in the manner the Department of the Interior (DOI) had processed his records request dealing with the gun violence public health epidemic and the executive branch of government; xix (33) the communications between the Government of Mexico and the Department of State before the filing of their complaint, which was assigned in the United States District Court for the District of Massachusetts Case Number 1:21 – cv – 11269 – FDS; (34) your communications about the decision of the Government of Mexico to accuse U.S gun manufacturers of “assisting and facilitating the trafficking of their guns to drug cartels through straw purchasing,xx repeat sales, kitchen table sales, ‘missing’ guns and firearm shows;” (35) your communications about the decision of the decision of the Government of Mexico to accuse U.S gun manufacturers of “assisting and facilitating the trafficking of their guns to drug cartels” by “designing and marketing their rifles as military style assault weapons;” (36) your communications about the decision of the Government of Mexico to accuse U.S gun manufacturers of “assisting and facilitating the trafficking of their guns to drug cartels” by “designing their guns to allow use by unauthorized persons;” (37) your communications about the decision of the Government of Mexico to accuse U.S gun manufacturers of “assisting and facilitating the trafficking of their guns to drug cartels” by “designing their guns to enable defacement of serial numbers;” (38) your communications about the decision of the Government of Mexico to accuse U.S gun manufacturers of “assisting and W (AACL) – MICHAEL A. AYELE 3
RECORDS REQUEST 04/03/2022 facilitating the trafficking of their guns to drug cartels” by “refusing to implement the reforms they know are necessary;” (39) your communications about the decision of the Government of Mexico to accuse U.S gun manufacturers of “assisting and facilitating the unlawful trafficking of their guns because it maximized their sales and profits;” (40) your communications about the backing provided to the Mexican government’s federal lawsuit, which was assigned by the U.S District Court for the District of Massachusetts Case Number 1: 21 – cv – 11269 – FDS; xxi (41) your communications about the decision of the Government of Mexico to legalize marijuana/cannabis for recreational purposes; xxii (42) your communications about the memorandum of understanding (MOU)concluded between the EEOC and the Government of Mexico on September 02nd 2021; (43) the communications between the EEOC and the Government of Mexico before the conclusion of the MOU; (44) the MOU concluded between the EEOC and the Government of Mexico; xxiii (45) the documents outlining the impact of the December 2012 mass shooting at Sandy Hook Elementary School on the City of Escondido, California; (46) your communications about the settlement agreement concluded between the families of the Sandy Hook Elementary School and the gun manufacturer, Remington;xxiv (47) your communications about the response provided by the District of Columbia Government (DC.Gov) Office of Police Complaint (OPC) to the FOIA request submitted by Michael A. Ayele (a.k.a) W dealing with the March for Our Lives Rally; xxv (48) your communications about the letter written by D.C Mayor Muriel Bowser on December 10th 2021 dealing with gun violence in the capital of the U.S; xxvi (49) your communications about Missouri’s Second Amendment Preservation Act; (50) your communications about Missouri’s Second Amendment Preservation Act declaring “that federal supremacy does not apply to federal laws that restrict or prohibit the manufacture, ownership, and use of firearms, firearm accessories, or ammunition within the state because such laws exceed the scope of the federal government’s authority;” (51) your communications about Missouri’s Second Amendment Preservation Act declaring as “invalid all federal laws that infringe on the right to bear arms under the Second Amendment to the U.S Constitution and Article I, Section 23 of the Missouri Constitution;” (52) your communications about Missouri’s Second Amendment Preservation Act holding the courts and law enforcement agencies responsible for protecting the “rights of law-abiding citizens to keep and bear arms;” (53) your communications Missouri’s Second Amendment Preservation Act subjecting a civil penalty of $50,000 upon any “public officer or state or local employee who tries to enforce the firearms law declared invalid by the act or any person who acts under the color of law to deprive a Missouri citizen of rights or privileges ensured by the federal and state constitution;” (54) your communications about Missouri’s Second Amendment Preservation Act providing people the opportunity to “pursue an action for injunctive relief in the circuit court of the county in which the action allegedly occurred or in the circuit court of Cole County;”xxvii (55) your communications about the complaint filed by the City & County of Saint Louis, Missouri in the Missouri Circuit Court for Cole County; (56) your communications about the decision of the City & County of Saint Louis to note in their complaint that “House Bill 85 is a radical, dangerous and obviously unconstitutional attempt to declare that Missouri will refuse to follow federal gun laws;” (57) your communications about the decision of the City & County of Saint Louis to note in their complaint that “Governor Parson and the Republican legislature W (AACL) – MICHAEL A. AYELE 4
RECORDS REQUEST 04/03/2022 have (…) chosen to preserve Missouri’s growing reputation for extremist and dangerous laws;” (58) your communications about the decision of the City & County of Saint Louis to note in their complaint that “HB 85 violates the United States Constitution’s Supremacy Clause, which provides that federal law preempts state law;” (59) your communications about the decision of the City & County of Saint Louis to note in their complaint that “in misguided zeal to prevent imaginary threats to the right to keep and bear arms, the political branches in our state government blatantly violated the federal and state constitutions by attempting to nullify federal gun laws;” (60) the communications between the City & County of Saint Louis before the filing of their complaint in the Missouri Circuit Court for Cole County; (61) the communications between Jackson County, the City & County of Saint Louis and the judge assigned to their complaint in the Missouri Circuit Court for Cole County (Daniel Green);xxviii (62) your communications about Cori Bush as Missouri’s first Black Congresswoman who previously worked as a registered nurse (R.N); (63) your communications about the car of Cori Bush having been struck by gunfire while it was parked in the St. Louis area on January 2022;xxix (64) your communications about Amnesty International defining mass shootings as shootings where four or more victims are killed;xxx (65) your communications about the May 2021 murder-suicide mass shooting rampage at Santa Clara Valley Transportation Authority (VTA); (66) your communications about Samuel Cassidy as a Caucasian man who was employed for the VTA before he carried out the murder-suicide mass shooting rampage; (67) your communications about the reasons, which led Samuel Cassidy to carry out a murder-suicide mass shooting rampage at his previous place of employment; (68) your communications about Samuel Cassidy as a Caucasian man, who according to his ex-girlfriend had been diagnosed with bipolar disorder; (69) your communications about Samuel Cassidy as a Caucasian man, who had previously been questioned by the Department of Homeland Security (DHS) Customs & Border Patrol (CPB) on the issue of his “hatred for the VTA;” xxxi (70) the DHS (CBP) memo on Samuel Cassidy; xxxii (71) the complaints filed by Samuel Cassidy with the EEOC and/or the California Department of Fair Employment & Housing (DFEH) alleging discriminatory practices ongoing in the VTA; (72) your communications about the open-letter penned by San Jose Mayor Samuel Liccardo following the murder-suicide mass shooting rampage carried out by Samuel Cassidy; xxxiii (73) your communications about San Jose becoming the first U.S city to mandate gun liability insurance;xxxiv (74) the possibility of your city/county following the lead of San Jose, California in requiring gun liability insurance; (75) your communications about the impact of gun violence on public health and the “right to education;” xxxv (76) the academic backgrounds, the professional responsibilities and annual salaries of Jonathan M. Young, Phoebe Ball, Jeff Rosen, Tishaura Jones, Sam Page, Caleb Clifford, Frank White, Crystal Williams, Jalen Anderson, Kevin Merritt, Daniel Green, Frederic Winston, Chris Nuelle, Beth Orwick, Matt Moak, Heidi L. Leopold, Robert H. Dieker, Steve D. Shadowen, Jonathan E. Lowy, Richard M. Burnell, Craig Fair and Laurie Smith. II) Request for a Fee Waiver and Expedited Processing W (AACL) – MICHAEL A. AYELE 5
RECORDS REQUEST 04/03/2022 According to Amnesty International, “among wealthier, developed countries, the USA is an outlier when it comes to firearm violence. US governments have allowed gun violence to become a human rights crisis. Wide access to firearms and loose regulations lead to more than 39,000 men, women and children being killed with guns each year in the USA. On average, more than 360 people in the USA are shot every day and survive – at least long enough to get to a hospital. In 2017, some 39,773 died from gunshot injuries, an average of nearly 109 people each day. Per capita, this is significantly higher than in other industrialized countries. Firearm homicides in the USA disproportionately impact communities of color and particularly young black men. (…) 14,542 people in the USA lost their lives in gun homicides in 2017. African Americans accounted for 58.5% of these nationwide, despite making up just 13% of the U.S population. Firearm homicide was the leading cause of death for black men and boys aged 15-34 in 2017, and they were more than 10 times more likely to die from firearm homicide than white men and boys of the same age group. Failure to address systemic discrimination; failure to keep firearms out of the hands of those most likely to misuse them; and a failure to invest in gun violence prevention programs all contribute to this crisis. Women facing domestic violence and children are also disproportionately affected. (…) Most children who are victims of firearm killings in the USA are from minority communities. Homicide is the second leading cause of death among black children and 65% of those killings are committed with guns.”xxxvi In my opinion, the facts presented by Amnesty International about gun violence in the U.S.A are not elements, which tend to bolster public confidence in the activities of the government or their efforts to reduce and eradicate gun related crimes. The core issues presented in my records request are the following. 1) Have you had any conversations among yourselves about the December 14th 2012 mass-shooting at Sandy Hook Elementary School? xxxvii Have you had any conversations about the settlement agreement concluded between the families of victims in the Sandy Hook Elementary School shooting and the gun manufacturer, Remington? 2) Have you had any conversations about the January 2013 letter of the NCD addressed to then Vice- President Joe Biden advising him to “ensure that identification and isolation of individuals who have harmed others or are at risk of committing acts of violence does not lead to unnecessary expansion in institutionalization, involuntary commitment and forced treatment for individuals who may benefit from mental health services and supports but pose no risk of violence and have a basic human rights to make independent decisions?” Have you had any conversations about the January 2013 letter of the NCD addressed to then Vice-President Joe Biden informing him that “federal legislation calling for forced medication or treatment would restrict the fundamental civil rights of people with psychiatric disabilities?” Have you had any conversations about the risk of conflating mental health disabilities with gun violence? Have you previously reached out to the point of contact representing the ATF for the purpose of expressing specific concerns you have about gun violence in your City & County? If yes, will you promptly disclose those conversations that you have had amongst yourselves, other government officials not listed on this records request, the DOJ and/or the NCD? 3) Have you previously had conversations about the significant damages caused by U.S gun manufacturers (such as Smith & Wesson, Beretta, Century Arms, Colt, Glock, and Ruger) on the population in Mexico? To the extent of your knowledge, has the Government of Mexico contacted the U.S Department of State before filing their complaint with the U.S District Court for the District of Massachusetts? Has your City & County government previously considered filing an Amicus Curiae brief in support of the Government of Mexico? If yes, will you promptly disclose the pertinent records that are within W (AACL) – MICHAEL A. AYELE 6
RECORDS REQUEST 04/03/2022 your possession? 4) Have you had any conversations amongst yourselves about the mass- shooting at Santa Clara’s VTA? Have your offices formed an opinion about the responsibility that should be taken by the DHS (CBP) for the mass shooting rampage of May 2021 at Santa Clara’s VTA? Has your City & County government made any plans for the future to follow the lead of San Jose, California by requiring gun owners to have liability insurance? Have you had any conversations about the salary of Samuel Cassidy at the Santa Clara’s VTA? xxxviii Taking into consideration that Samuel Cassidy earned over $160,000 working for the Santa Clara’s VTA in 2019, do working conditions there sound like a coal mine to you? Has your City & County government concluded any formal and/or informal opinions about white privilege and entitlement? Who’s the ATF point of contact serving your city/county government since the Joe Biden –Kamala Harris White House administration announced their “comprehensive strategy to prevent and respond to gun violence and ensure public safety?” Have members of your police/sheriff departments begun coordinating with the ATF for the purpose of addressing your specific concerns about gun violence? If yes, will you promptly disclose your communications with the ATF point of contact serving in your jurisdiction? On the bases of the issues that have been raised, I believe this records request should be expedited and all fees waived. In my judgment, the records I have requested to be promptly disclosed (1) puts into question the government’s integrity because of decisions that have adversely impacted public confidence about the manner in which women and racial minorities are treated in the United States of America (U.S.A); (2) identifies operations and activities of the federal government in concert with U.S local and state government; (3) are meaningfully informative about government operations or activities in order to be ‘likely to contribute’ to and increase public understanding of those operations or activities. I hereby declare under penalty of perjury that all the statements I have made are to the best of my knowledge true and accurate. Have a good day. Take care. Keep yourselves at arms distance. Respectfully submitted: W (AACL) Michael A. Ayele Anti-Racist Human Rights Activist Audio-Visual Media Analyst Anti-Propaganda Journalist W (AACL) – MICHAEL A. AYELE 7
RECORDS REQUEST 04/03/2022 Work Cited iPlease be advised that I have previously disseminated a vast number of documents obtained through records request via Archive.org, Scribd.com, Medium.com and YouTube.com. These documents have been made available to the public at no financial expense to them. As a member of the media, I would like to take this opportunity to inform you that the records you disclose to me could be made available to the general public through the means I have mentioned above or other ones. On December 10th 2021, I have launched a website on Wordpress.com for the purpose of making the records previously disclosed to me by the U.S government further accessible to members of the general public interested in the activities of their elected and non- elected representatives. You can find out more about the recent publications of the Association for the Advancement of Civil Liberties (AACL) here.: https://michaelayeleaacl.wordpress.com/ ii Letter to Vice President Biden Regarding Anticipated Taskforce Recommendations Dear Mr. Vice President: I write to bring to your attention critical recommendations on behalf of the National Council on Disability (NCD), an independent federal agency comprised of 15 presidential appointees charged with providing advice to the President and Congress on disability policy. NCD applauds your leadership on the gun violence task force because the tragedy of Newtown has touched all of us in a deep and abiding way and decisive action is warranted. NCD affirms its support for efforts to improve the quality, availability, and affordability of mental health services and supports. NCD also remains concerned about the risk of taking reflexive actions that may appear to be designed to prevent future Newtown tragedies but have other unintended and undesirable consequences in worsening rather than improving access to mental health services and supports. The principal challenge is that access to mental health services is already compromised by deep and enduring stigma about seeking and receiving mental health treatment. We cannot afford to exacerbate harmful stereotypes about mental illness even as we must act to ensure that all individuals with mental health needs can get help when they need it and help ensure that people who pose significant risks of harming and killing others do not have the opportunity to do so. A basic fact endures: people with psychiatric disabilities are more often the victims of violence than they are the perpetrators of violence. We must recognize the risk of increasing one type of violence while we seek to reduce another type. Earlier today the Council adopted a series of recommendations during a Special Meeting called specifically to consider recommendations to your task force and review certain legislative and policy proposals that may prove more harmful than beneficial. We urge you to pay careful consideration to these recommendations as you finalize your own recommendations and begin to implement them. As we stated at the creation of your task force, NCD remains willing to work with you and your staff as the work of your task force unfolds. W (AACL) – MICHAEL A. AYELE 8
RECORDS REQUEST 04/03/2022 First, NCD recommends you develop a framework to invest in community-based mental health supports and programs. Existing federal research reveals a profound shortage of community- based services, including mobile crisis services and peer supports. Community mental health programs can offer excellent, comprehensive services when sufficiently funded and supported. Unfortunately, the severe deficiency in current resources means that these services are often available only to people who are in immediate crisis and who have already endured multiple hospitalizations. Recently, pilot programs have been developed across the country to better meet the needs of people when they have their first psychotic episode. These programs are community- based and help to address critical unmet needs. NCD encourages the Taskforce to advance policy recommendations in line with these models and the principles undergirding them. Second, NCD urges you to avoid any proposal to link the Social Security Administration's database of representative payees with the FBI's National Instant Criminal Background Check System (NICS). Whatever merits such a proposal might seem to present, such benefits are outweighed by the inaccurate and discriminatory inference that would result: equating the need for assistance in managing one's finances with a presumption of incapacity in other areas of life. Maximizing self-direction is critical to enabling people with disabilities to meet the goals of the ADA: equality of opportunity, full participation, independent living, and economic self- sufficiency. Many people with disabilities and seniors rely on representative payees as a practical measure to facilitate income support. There should not be any permissible inference that use of a representative payee signals impairment of decision-making—whether it be in casting votes or choosing health care providers. Linking the representative payee system and the NICS would support just such an inference. NCD recommends you ensure that the selection of a representative payee continues to have no implication on other areas of rights beyond financial decision-making. Third, NCD urges you to avoid any proposal comparable to the provision of S. 436, the Fix Gun Checks Act, which amends the Higher Education Act to require colleges and universities to outline procedures for the involuntary referrals of students with perceived psychiatric disabilities for evaluation and institutionalization. As set forth in its first recommendation, NCD maintains that enhanced access to mental health services and supports is critical. We also understand that current law properly requires that knowledge of an immediate threat to safety is reported and addressed. However, a policy that broadly targets individuals who have not exhibited a threat of harm risks increasing discrimination and stigmatization for college students and could have the chilling effect of discouraging students from seeking the very mental health services they need in times of distress. Universities across the country are making progress with mental health programs on campus and are showing positive results. NCD supports increased opportunity for peer-to-peer support and campus-based counseling programs, and encourages campus policies that focus on making these resources more broadly available. Finally, NCD urges you to ensure that identification and isolation of individuals who have harmed others or are at risk of committing acts of violence does not lead to unnecessary expansion in institutionalization, involuntary commitment and forced treatment for individuals who may benefit from mental health services and supports but pose no risk of violence and have a basic human right to make independent decisions. There is no current system capable of W (AACL) – MICHAEL A. AYELE 9
RECORDS REQUEST 04/03/2022 reliably identifying persons who are likely to become dangerous, and there is not established correlation between psychiatric diagnosis and violent behavior. Federal legislation calling for forced medication or treatment would restrict the fundamental civil rights of people with psychiatric disabilities. Incarcerating individuals for punishment of crimes committed is central to our criminal justice system. But incarceration and forced treatment of stigmatized individuals based on misplaced fears and stereotypes has no place in our civil society. Institutional care has a long-standing history of poor outcomes and civil rights violation among persons with psychiatric disabilities. Thank you for your thoughtful consideration of NCD’s recommendations. We remain ready to assist and advise your task force, the Administration, and leaders of Congress to best meet the health, safety and security needs of the American public, including Americans with psychiatric disabilities. Very Respectfully, Jonathan M. Young, PhD, JD Chairman, National Council on Disability. National Council on Disability (NCD), January 14th 2013.: https://ncd.gov/publications/2013/Jan142013 iiiSt. Louis and adjoining St. Louis County filed a lawsuit Monday seeking to block Missouri's new law barring state and local authorities from enforcing federal gun laws, saying the law would increase the risk of gun violence in a state already drowning in it. The suit filed in Cole County Circuit Court seeks an injunction to halt enforcement of the law and to overturn it on the grounds that it violates the Constitution's Supremacy Clause, which established that federal law trumps state law. The law, which Republican Gov. Mike Parson signed this month, would subject law enforcement agencies with officers who knowingly enforce any federal gun laws to a fine of about $50,000 per violating officer. Republican lawmakers who championed the legislation said they were motivated by the possibility that gun restrictions could be tightened by President Joe Biden's administration. Democrats said the law is unconstitutional and predicted it wouldn't survive a court challenge. Democratic St. Louis Mayor Tishaura Jones said the law is not only unconstitutional, but dangerous. She noted that 2020 was among the deadliest years ever for gun violence in Missouri. St. Louis had its deadliest year in a half-century. Kansas City, meanwhile, saw a record number of killings last year. St. Louis County Executive Sam Page, also a Democrat, said the region can't prosper if people don't feel safe. “This new law is like the state holding out a sign that says ‘Come Commit Gun Violence Here,’” Page said in a statement. Jackson County Executive Frank White says he W (AACL) – MICHAEL A. AYELE 10
RECORDS REQUEST 04/03/2022 supports the lawsuit filed by the city and county of St. Louis. "Given the unconstitutionality, but more importantly, the public safety risks this law presents, I believe our community and state would best be served by Jackson County joining this action and for HB 85 to ultimately be deemed unenforceable by the court,” White said in a letter to Jackson County legislators. White said he will be asking the county legislature to pass a resolution at its next meeting for the county to join the litigation. The U.S. Department of Justice, in a letter last week, warned Missouri officials that the state can’t ignore federal law. Parson and Attorney General Eric Schmitt responded that they still plan to enforce the new law. Schmitt’s spokesman, Chris Nuelle, called the lawsuit a “partisan” maneuver by “progressive politicians.” “We will continue our efforts to prosecute violent crime, and we will not shy away from defending the Second Amendment rights of law abiding citizens,” Nuelle said. The state law also prompted the resignation of the police chief of O’Fallon, a St. Louis suburb that is home to about 89,000 people and is the state's seventh-largest city. The outgoing chief, Philip Dupuis, said in a statement this month that the law would “decrease public safety and increase frivolous lawsuits designed to harass and penalize good, hard- working law enforcement agencies.” Several states passed similar laws this year, including Arizona, Arkansas, Idaho, Montana, Oklahoma, Tennessee, Texas and West Virginia. Missouri’s law went further than most in its possible punishments for officers who do enforce federal gun laws. Several states also passed similar laws during Barack Obama's time in the White House, but judges ruled against them. Saint Louis city and county sue to block new Missouri gun law, ABC News.: https://abcnews.go.com/Politics/wireStory/st-louis-city-county-sue-block-missouri-gun- 78408265 ivPlaintiff Estados Unidos Mexicanos (the “Government”), a sovereign nation, brings this action to put an end to the massive damage that the Defendants cause by actively facilitating the unlawful trafficking of their guns to drug cartels and other criminals in Mexico. Almost all guns recovered at crime scenes in Mexico—70% to 90% of them—were trafficked from the U.S. The Defendants include the six U.S.-based manufacturers whose guns are most often recovered in Mexico—Smith & Wesson, Beretta, Century Arms, Colt, Glock, and Ruger. Another manufacturer defendant is Barrett, whose .50 caliber sniper rifle is a weapon of war prized by the drug cartels. The remaining defendant— Interstate Arms—is a Boston-area wholesaler through which all but one of the defendant manufacturers sell their guns for re-sale to gun dealers throughout the U.S. (…) For decades the Government and its citizens have been victimized by a deadly flood of military-style and other particularly lethal guns that flows from the U.S. across the border, into criminal hands in Mexico. This flood is not a natural phenomenon or an inevitable consequence of the gun business or of U.S. gun laws. It is the foreseeable result of the Defendants’ deliberate actions and business practices. (…) Defendants design, market, distribute, and sell guns in ways they know routinely arm the drug cartels in Mexico. Defendants use reckless and corrupt gun dealers and dangerous and illegal sales practices that the cartels rely on to get their guns. Defendants design these guns to be easily modified to fire automatically and to be readily transferable on the criminal market in Mexico. Defendants W (AACL) – MICHAEL A. AYELE 11
RECORDS REQUEST 04/03/2022 know how to make and sell their guns to prevent this illegal trade; the U.S. government and a U.S. court told them how. Defendants defy those recommendations, and many others, and instead choose to continue supplying the criminal gun market in Mexico—because they profit from it. (…) The Government has strong domestic laws that make it virtually impossible for criminals to lawfully obtain guns in Mexico. Mexico has one gun store in the entire nation and issues fewer than 50 gun permits per year. (…) Defendants undermine these stringent laws, and wreak havoc in Mexican society, by persistently supplying a torrent of guns to the drug cartels. It is estimated that more than a half million guns annually are trafficked from the U.S. into Mexico. Defendants produce more than 68% of those U.S.-origin trafficked guns, which means that they annually sell more than 340,000 guns that flow from their plants in Massachusetts and other U.S. states to criminals south of the border. (…) Defendants are fully on notice of the massive trafficking of their guns into Mexico. It has been extensively documented in news accounts, academic studies, government reports, United Nations inquiries and reviews, and law enforcement “traces” of guns from crime scenes in Mexico to the Defendants’ factories in the U.S. (…) Despite this abundant notice, Defendants have not implemented any public-safety-related monitoring or disciplining controls on their distribution systems—none at all. Their policy is to sell to any distributor or dealer that has a U.S. license to buy and sell the product, regardless of the buyer’s record of flouting the law and despite blazing red flags indicating that a gun dealer is conspiring with straw purchasers or others to traffic Defendants’ guns into Mexico. Defendants use this head-in-the-sand approach to deny responsibility while knowingly profiting from the criminal trade. (…) Defendants exacerbate their refusal to monitor and discipline their distribution systems by designing military-style assault weapons and marketing them in ways that attract and arm ruthless transnational criminal organizations like the drug cartels.(…) The consequences in Mexico have been dire. In addition to causing the exponential growth in the homicide rate, Defendants’ conduct has had an overall destabilizing effect on Mexican society. Late 2004 saw the drug cartels’ first assassination of a Mexican Mayor, followed in later years by their use of Defendants’ military-style weapons to attack the Mexican military and police, and by rampant increases in other gun-related crimes such as extortion and kidnapping (…) Defendants’ willfully blind, standardless distribution practices aid and abet the killing and maiming of children, judges, journalists, police, and ordinary citizens throughout Mexico. Defendants’ unlawful conduct has substantially reduced the life expectancy of Mexican citizens and cost the Government billions of dollars a year. And armed with Defendants’ guns, the cartels have aggressively marketed drugs such as fentanyl, destroying and ending lives in and outside of Mexico, including in the U.S. Defendants’ guns are the venom in the snakes that are the drug cartels; without those guns, they could be controlled and stopped. (…) Defendants are not accidental or unintentional players in this tragedy; they are deliberate and willing participants, reaping profits from the criminal market they knowingly supply—heedless of the shattering consequences to the Government and its citizens. (…) This need not happen. In a 2003 domestic public nuisance case against U.S. gun manufacturers and distributors—including Defendants Beretta, Century Arms, Colt, Glock, Smith & Wesson, Ruger, and Interstate—the late United States District Court Judge Jack B. Weinstein found as a fact after a trial that “each manufacturer should implement readily available reforms,” including “imposing liability insurance standards; limiting sales at gun shows; limiting multiple sales; limiting how the consumer gun transaction can be conducted to insure security; education and training of dealers; and monitoring dealers through visitation and other regular interaction.” NAACP v. AcuSport, Inc., 271 F. Supp. 2d 435, 523 (E.D.N.Y. 2003). Gun industry insiders have urged Defendants to make similar reforms. (…) In 2001, the U.S. federal government similarly called on Defendants to monitor, supervise, and set reasonable conditions for their distribution systems to prevent supplying criminals. Defendants refused. Defendant Smith & Wesson entered into a settlement agreement with the United States and several U.S. cities, committing to specific distribution-system reforms designed W (AACL) – MICHAEL A. AYELE 12
RECORDS REQUEST 04/03/2022 to prevent supplying guns to the criminal market. Under pressure from others in the industry, Smith & Wesson reneged on the agreement. (…) Defendants instead closed ranks with other industry participants to lobby the U.S. Congress for legislation to protect them in certain instances from liability for domestic injuries resulting from their conduct. Congress responded by enacting the Protection of Lawful Commerce in Arms Act (“PLCAA”) in 2005, which protects gun companies from some liability for harm solely caused by the unlawful misuse of guns in the U.S. resulting in injury in the U.S. (…) Defendants know that their porous distribution systems cause guns to be routinely trafficked over the border into Mexico, resulting in vast and continual harm to the Government and its people. They therefore must monitor and discipline those distribution systems to comply with not only U.S. law, but also the substantive law of Mexico, including its tort law. (…) The Supreme Court of the United States has repeatedly held that, where conduct in one nation causes injury in another the “default rule for tort cases” is that “the local law of the state where the injury occurred determines the rights and liabilities of the parties,” Sosa v. Alvarez-Machain, 542 U.S. 692 (2004), and that “a court will ordinarily apply foreign law to determine the tortfeasor’s liability to a plaintiff injured in a foreign country,” RJR Nabisco, Inc. v. European Community, 136 S. Ct. 2090, 2109 (2016). And RJR Nabisco emphasized that where U.S.-based corporations cause injury abroad to foreign sovereigns, the U.S. Constitution and statutes allow those sovereigns to sue for “violations of their own laws and to invoke federal diversity jurisdiction as a basis for proceeding in U.S. courts.” Id. (…) The U.S. Congress honored this principle of trans-national torts when it enacted PLCAA. Even if applied, PLCAA would not bar the Government’s case. But it does not apply because it bars certain claims against gun manufacturers and distributors only when the injury occurred in the U.S. and the criminal’s misuse of the gun was unlawful under U.S. domestic law. The Government’s injuries here occur in Mexico, and its claims result from unlawful misuse of guns in Mexico, not in the U.S. Every aspect of PLCAA confirms that the U.S. Congress enacted that statute with only U.S. domestic concerns in mind. (…) Just as Defendants may not dump toxic waste or other pollutants to poison Mexicans across the border, they may not send their weapons of war into the hands of the cartels, causing repeated and grievous harm, and then claim immunity from accountability. (…) To be clear, this lawsuit does not challenge or question the law, policy, or actions of the United States; the Government seeks to hold accountable and stop the reckless actions of private companies that foreseeably send their guns into Mexico. (…) Likewise, this case has nothing to do with the Second Amendment right of law-abiding, responsible U.S. citizens to keep and bear arms within the U.S. This case involves Defendants’ supplying their guns to law-breaking Mexican nationals and others in Mexico. The cartels have no Second Amendment rights, and the Defendants have no right to supply them. (…) The flow of guns from Defendants’ U.S. manufacturing plants and stores to the streets of Mexico is not an inevitable, natural phenomenon like the migration of monarch butterflies. Nor is it a necessary consequence of selling a lethal product or of U.S. gun laws. (…) The flow of guns into Mexico is a foreseeable result of Defendants’ deliberate and knowing decisions to design, market, distribute, and sell guns in ways they know with virtual certainty will supply criminals in Mexico. (…) Defendants know they have an obligation to help enforce the gun laws, and not to circumvent them. But Defendants continually violate and actively undermine these laws in order to profit from the criminal market in Mexico. (…) The cartels that cause such bloodshed and terror may fire Defendants’ guns in Mexico, but they are able to do so only because of deliberate decisions made in Massachusetts and in the other Defendants’ domestic corporate offices. (…) For years Defendants have been confronted with a mountain of facts that make clear that their chosen business practices routinely arm the cartels in Mexico with massive and lethal arsenals. (…) The U.S. federal government has determined that Defendants’ guns are the overwhelming source of the cartels’ arsenals, and that the trafficking of Defendants’ guns across the W (AACL) – MICHAEL A. AYELE 13
RECORDS REQUEST 04/03/2022 border into Mexico is a crisis of extraordinary proportions. Media reports, trafficking prosecutions, reported cases, articles, trace data, and other information confirm the same facts. (…) Defendants’ response to this mountain of information has been to double down on their unlawful practices and fight law enforcement efforts to stop the trafficking. (…) Defendants have undermined the social policy, in addition to the aspirations, of the Government of Mexico and its people. The Government bears many direct and indirect costs from these harms, including those identified above. Given their share of guns trafficked into Mexico, the Defendants are responsible for close to half of these losses. (…) Defendants’ deliberate conduct that floods Mexico with their guns causes untold harm to the Government. Some of those damages are outlined above. Were it not for Defendants’ wrongful conduct, there would be far fewer guns in Mexico, and far fewer guns in the hands of the cartels. There might still be snakes—in the form of criminal organizations—but they would have far less venom to inflict harm. (…) Life in Mexico would be a far different place if that were so—a safer place, a place in which fewer tax dollars would be spent on preventing and responding to violence and drug trafficking, and more could be spent on education, social services, and other efforts to positively improve lives. (…) Everyday existence for the Mexican people would be far different if life could be led without dangers and threats from the armed cartels—less fear, more freedom to gather together and enjoy life. (…) And without the Defendants’ supply of crime guns, the less-armed cartels could be controlled and stopped far more easily and effectively. That would help stem the drug trade that kills not only Mexicans but people in other nations, including the United States. And it would reduce the violence that the cartels spread north of the border. (…) Defendants’ wrongful conduct also ends lives, extraordinary and wonderful lives of Mexicans from every walk of life, as illustrated by a small sampling of the tens of thousands of lives lost as a result of Defendants’ deliberate conduct. Estados Unidos Mexicanos v Smith & Wesson Brands, Inc et al; Courthouse News.: https://www.courthousenews.com/wp-content/uploads/2021/08/mexico-smith-wesson- complaint.pdf vSan Jose approved a novel ordinance Tuesday that will require gun owners to purchase liability insurance and pay an annual fee for their firearms. The ordinance is the first of its kind to be enacted by a major U.S. city. (…) The insurance must cover losses or damages from accidental or negligent use of a firearm, including death, injury or property damage. An owner would be considered liable for a lost gun until reporting the loss to police, according to the ordinance. The ordinance also requires gun owners to invest in safes, trigger locks and safety classes. The City Council will hold a second vote on Feb. 8 to ratify the ordinance. It would then go into effect in August. California law bans the sale and possession of magazines that hold more than 10 rounds. The state also has a red flag law that allows police to seize a person's guns based on a restraining order.(…) The annual fee will amount to roughly $25 and affect around 50,000 households, according to city data. The money will help fund city programs, including mental health, suicide prevention, domestic violence prevention and gun safety. The city estimates it spends $39 million each year to respond to gun violence, including emergency services, victim assistance and criminal investigations. In San Jose, an average of 206 people were killed or seriously injured in shootings each year from 2012 to 2018. The ordinance contains some exceptions for active or retired police officers and concealed weapon permit holders. San Jose will require gun owners to have liability insurance. Los Angeles Times on Yahoo!.: https://news.yahoo.com/san-jose-requires-gun-owners- 205023762.html?fr=sycsrp_catchall W (AACL) – MICHAEL A. AYELE 14
RECORDS REQUEST 04/03/2022 vi15 vice presidents who became president themselves, Business Insider.: https://www.insider.com/vice-presidents-who-became-president-2020-12 viiExcerpt of E-mail Sent by Michael A. Ayele (a.k.a) W to the Missouri Department of Mental Health (DMH) on September 01st 2021 Hello, Thank you for your email. I am in receipt of it. I've been thinking about your correspondence and the six-weeks training I had passed in Fiscal Year (F.Y) 2013 at the Fulton State Hospital (FSH). During the later stages of the 6 weeks training, I (alongside others) had the opportunity to visit in person the Biggs Forensic Center (BFC), the Guhleman Forensic Center (GFC) and Hearnes Forensic Center (HFC). During those visits to these facilities, I remember meeting for the 1st time certain patients/prisoners of the Department of Mental Health (DMH) who had a(n) intellectual/developmental disabilities (IDD). Though I am not 100% certain, I believe patients/prisoners with an IDD were housed in the Social Learning Program (SLP) and the New Outlook Program (NOP) of the BFC. Additionally, I remember being informed that certain patients/prisoners with an IDD had been in HFC for several years even though they had ceased to be an imminent threat to their lives as well as others. In fact, certain staff of the DMH had expressed concerns and worries about HFC for this specific reason. (…) What I am requesting for prompt disclosure are all records within your possession detailing (1) the training material provided to psychologists, psychiatrists and medical doctors regularly assigned to the SLP, the NOP and the minimum security facility (aka) HFC dealing with how to administer I.Q tests for the purpose of determining an IDD status; (2) all concerns and complaints filed by staff of the HFC about patients/prisoners who have ceased to pose an imminent threat to themselves as well as others being incarcerated for unduly long period of time instead of going to a less-restrictive environment; (3) all concerns and complaints filed by patients/prisoners of the HFC about being incarcerated for longer period of times than necessary; (4) documents of legal education provided to patients/prisoners of the FSH about their rights to file in the judicial branch of the Missouri government Habeas Corpus and/or Civil complaints; (5) the DMH policy about patients/prisoners of the FSH right to use the public library, computers and/or the internet. Have a good day. W (AACL) Michael A. Ayele Anti-Racist Human Rights Activist Audio-Visual Media Analyst Anti-Propaganda Journalist W (AACL) – MICHAEL A. AYELE 15
RECORDS REQUEST 04/03/2022 Response of the Missouri Department of Mental to Michael A. Ayele (a.k.a) W Sunshine Request of September 01st 2021 W, There are no records responsive for item 1). For items 2), 3), and 4) any records that might exist for individual patients and residents are closed in accordance with Section 630.140, RSMo. For item 5), see attached Fulton State Hospital policies. Sincerely, Janet Gordon Records Custodian Department of Mental Health Resources: Stressed by COVID-19? Access these resources for your emotional health: https://dmh.mo.gov/disaster-services/covid-19-information DHSS COVID-19 24 hour hotline: 877-435-8411 Disaster Distress Helpline: Phone 800/985-5990. Text “TalkWithUs” to 66746 Social Justice: https://dmh.mo.gov/disaster-services/coping-with-community-unrest MO Show Me Hope Crisis Counseling Program: https://www.moshowmehope.org/ CONFIDENTIALITY NOTICE: This e-mail communication and any attachments may contain confidential and privileged information for the use of the designated recipients named above. The designated recipients are prohibited from redisclosing this information to any other party without authorization and are required to destroy the information after its stated need has been fulfilled. If you are not the intended recipient, you are hereby notified that you have received this communication in error and that any review, disclosure, dissemination, distribution or copying of it or its contents is prohibited by federal or state law. If you have received this communication in error, please notify me immediately by telephone at 573.751.8067, and destroy all copies of this communication and any attachments. viiiNCD has consistently expressed concern about the conflation of mental health disabilities with gun violence as a myth, which, in each instance of its use, exacerbates harmful stereotypes about psychiatric disability and increases the level of stigma associated with seeking and W (AACL) – MICHAEL A. AYELE 16
RECORDS REQUEST 04/03/2022 receiving mental health treatment. As an agency whose mission is focused on enhancing the quality of life for individuals with disabilities and their families, it is important to note that NCD takes no position with respect to many of the often debated issues around the availability of guns in our society. However, linking the need for a representative payee with a presumption of incapacity to exercise any right sets a dangerous precedent that undermines the goals of the ADA: equality of opportunity, full participation, independent living, and economic self- sufficiency.NCD Letter to Rep. Johnson about “Social Security Beneficiary 2nd Amendment Rights Protection Act.” https://ncd.gov/publications/2015/ncd-letter-rep-johnson-about-social- security-beneficiary-2nd-amendment-rights ix NCD has consistently taken the position that equating the need for assistance in managing one's finances with a false presumption of incapacity in other areas of life, including possession of a firearm, unnecessarily and unreasonably deprives individuals with disabilities of a constitutional right and increases the stigma that those who may need a representative payee. The overly broad classification of “mental disorder,” includes a wide range of limitations and a shifting set of criteria relevant to whether or not one can engage in substantial gainful activity. NCD remains steadfast in our position that this classification remains irrelevant to the question of whether one can be a responsible gun owner. NCD Applauds Senate Action on SSA NICS Rule.: https://ncd.gov/newsroom/2017/ncd-applauds-senate-action-ssa-nics-rule x Gun sales, which spiked sharply during the early months of the coronavirus pandemic, have continued to increase in the United States, with first-time buyers making up more than one-fifth of Americans who purchased guns. The development will frustrate and disappoint gun control advocates who point out the huge number of firearms already circulating in American society as well as a seemingly never-ending cycle of mass shootings. A study by the General Social Survey, a public opinion poll conducted by a research center at the University of Chicago, 39% of American households own guns, up from 32% in 2016. Separately, research data compiled by the FBI’s National Instant Criminal Background Check System (NICS), background checks that topped 1m a week in March 2020 – the highest since the government began tracking them in 1998 – and continued, with one week in April this year recording a record 1.2m checks. Background checks are seen as a reliable metric to track gun sales. A third data study, compiled by Northeastern University and the Harvard Injury Control Research Center and seen by the New York Times shows that 6.5% of US adults, or 17 million people, have purchased guns in the past year, up from 5.3% in 2019. Of those, almost one-fifth who bought guns last year were first- time gun owners of whom half were women, a fifth were Black and a fifth were Hispanic, challenging the stereotype of white male gun owners building personal arsenals. In 2021, gun owners overall were 63% male, 73% were white, 10% were Black and 12% Hispanic. Separately, The Trace, a non-partisan group that tracks gun sales, estimates 2.3m guns were purchased in January alone. Sales, which had remained largely flat for the duration of the Trump presidency, jumped 64% in 2020, the group said. Still, the increases are relatively small compared to the 400m guns estimated to already be in circulation, including at least 4m AR-15s, W (AACL) – MICHAEL A. AYELE 17
RECORDS REQUEST 04/03/2022 commonly described as assault rifles. “Americans are in an arms race with themselves,” South Los Angeles city council representative Marqueece Harris-Dawson told the New York Times. “There was just as much a run on guns as on toilet paper in the beginning of the pandemic.” Increased gun sales come as Texas this month became the 20th state to pass legislation that no longer requires a permit to carry a concealed handgun. At the same time, a rash of mass shootings, often involving AR-15 weapons have dominated headlines. According to the Gun Violence Archive, 67 mass shootings have taken place in May this year. The most recent occurred on Sunday when a gunman opened fire in Miami, killing two people and injuring 20 others. Authorities in Texas said on Monday they had arrested a man accused of plotting to carry out a mass shooting at a Walmart, and a search of the suspect’s home turned up firearms, ammunition and materials officials described as “radical ideology paraphernalia”. US gun sales spiked during pandemic and continue to rise, The Guardian.: https://www.theguardian.com/us- news/2021/may/31/us-gun-sales-rise-pandemic xiGun dealers across the country are regulated by federal law that is enforced by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). Dealers that fail to comply with their obligations under the law create risks for all of us. Today, the Justice Department is announcing a new policy to underscore zero tolerance for willful violations of the law by federally licensed firearms dealers that put public safety at risk. Absent extraordinary circumstances that would need to be justified to the Director, ATF will seek to revoke the licenses of dealers the first time that they violate federal law by willfully 1) transferring a firearm to a prohibited person, 2) failing to run a required background check, 3) falsifying records, such as a firearms transaction form, 4) failing to respond to an ATF tracing request, or 5) refusing to permit ATF to conduct an inspection in violation of the law. In addition, ATF will notify every firearms dealer whose license is revoked about how to lawfully transfer any remaining inventory, as well as the potential criminal consequences of continuing to engage in the business of buying and selling guns without a license. The prior Administration stopped this important notification practice that helps deter future unlawful activity. Fact Sheet: Biden – Harris Administration Announces Comprehensive Strategy to Prevent and Respond to Gun Crime and Ensure Public Safety, White House.: https://www.whitehouse.gov/briefing-room/statements-releases/2021/06/23/fact-sheet- biden-harris-administration-announces-comprehensive-strategy-to-prevent-and-respond-to-gun- crime-and-ensure-public-safety/ xiiThe President continues to call on Congress to repeal the Protection of Lawful Commerce in Arms Act (PLCAA), which gives gun dealers and manufacturers special immunity from certain liability for their products. In the meantime, the White House will convene state legislators and Attorneys General to discuss strategies for enacting and employing state liability laws that can be used to hold dealers and manufacturers accountable for improper conduct not covered by PLCAA. Fact Sheet: Biden – Harris Administration Announces Comprehensive Strategy to Prevent and Respond to Gun Crime and Ensure Public Safety, White House.: https://www.whitehouse.gov/briefing-room/statements-releases/2021/06/23/fact-sheet-biden- W (AACL) – MICHAEL A. AYELE 18
RECORDS REQUEST 04/03/2022 harris-administration-announces-comprehensive-strategy-to-prevent-and-respond-to-gun-crime- and-ensure-public-safety/ xiiiYoung people are disproportionately likely to be involved in gun violence, either as perpetrators or victims. We also know that youth employment programs, including summer jobs programs, can reduce their involvement in violence by as much as 35% or 45%. The Biden Administration is committed to funding workforce development programs to keep young people safe and give them a path to success. Fact Sheet: Biden – Harris Administration Announces Comprehensive Strategy to Prevent and Respond to Gun Crime and Ensure Public Safety, White House.: https://www.whitehouse.gov/briefing-room/statements-releases/2021/06/23/fact-sheet- biden-harris-administration-announces-comprehensive-strategy-to-prevent-and-respond-to-gun- crime-and-ensure-public-safety/ xivFormerly incarcerated individuals face an uphill climb in landing a job. Many employers are reluctant to hire them out of stigma, fear, or concern that they lack the skills needed for the job. But employment is a key to formerly incarcerated individuals’ successful reentry into their communities. Individuals who secure employment after release have much lower recidivism rates than those who do not. Good, stable jobs promote public safety. That is why the Administration is taking concrete steps to facilitate employment and associated services, such as housing assistance, for people who are formerly incarcerated. Fact Sheet: Biden – Harris Administration Announces Comprehensive Strategy to Prevent and Respond to Gun Crime and Ensure Public Safety, White House.: https://www.whitehouse.gov/briefing-room/statements- releases/2021/06/23/fact-sheet-biden-harris-administration-announces-comprehensive-strategy- to-prevent-and-respond-to-gun-crime-and-ensure-public-safety/ xv The Office of Personnel Management (OPM) will evaluate the existence of any barriers faced by formerly incarcerated persons in accessing federal employment and consider whether the federal government should take further action as appropriate, including creating a new “Schedule A” excepted service hiring authority for formerly incarcerated persons. This Schedule A hiring authority would allow federal agencies to hire qualified individuals for any job opening through the non-competitive, excepted service hiring process. Schedule A appointments are one- year temporary appointments with good benefits that can be extended for an additional year. Schedule A positions equip people with the skills and experience to become more competitive in the job market. Schedule A hiring authority has previously been created for veterans, people with disabilities, individuals on work release from incarceration, and people hired in direct response to the effects of the COVID-19 pandemic. Fact Sheet: Biden – Harris Administration Announces Comprehensive Strategy to Prevent and Respond to Gun Crime and Ensure Public Safety, White House.: https://www.whitehouse.gov/briefing-room/statements-releases/2021/06/23/fact-sheet- biden-harris-administration-announces-comprehensive-strategy-to-prevent-and-respond-to-gun- crime-and-ensure-public-safety/ W (AACL) – MICHAEL A. AYELE 19
RECORDS REQUEST 04/03/2022 xviThe Department of Justice plans to post an application next month for a formerly incarcerated individual to work at DOJ as a Second Chance Act visiting fellow. This is a unique opportunity to draw on the expertise of a formerly incarcerated person as a policy advocate, legal or social services provider, or academic focusing on the successful reintegration of people returning home to their communities after incarceration. The fellow will develop innovative strategies that build upon and improve DOJ’s investments in reentry and reintegration.Fact Sheet: Biden – Harris Administration Announces Comprehensive Strategy to Prevent and Respond to Gun Crime and Ensure Public Safety, White House.: https://www.whitehouse.gov/briefing-room/statements- releases/2021/06/23/fact-sheet-biden-harris-administration-announces-comprehensive-strategy- to-prevent-and-respond-to-gun-crime-and-ensure-public-safety/ xviiThe Department of Labor and Department of the Treasury will help employers leverage the Work Opportunity Tax Credit (WOTC), which includes incentivizes to hire formerly incarcerated individuals. Under WOTC, employers can receive up to a $2,400 credit against federal income taxes for hiring a person within one year of their conviction or release from prison for a felony offense. The Departments of Labor and Treasury will encourage employers to take up this opportunity to hire formerly incarcerated individuals. Specifically, within 90 days, the Departments will issue guidance, provide technical assistance to state workforce agencies, and release materials on ways employers can leverage this tax credit and other resources, such as the Federal Bonding Program and the American Rescue Plan’s Employee Retention Credit (ERC). For example, a small business that hires someone who was released in the last twelve months and employs them through the second half of the year could qualify for a credit of up to $16,400 per worker by claiming both the WOTC and the ERC. The Department of the Treasury will also revise online materials to make it easier to claim the tax credit. Fact Sheet: Biden – Harris Administration Announces Comprehensive Strategy to Prevent and Respond to Gun Crime and Ensure Public Safety, White House.: https://www.whitehouse.gov/briefing- room/statements-releases/2021/06/23/fact-sheet-biden-harris-administration-announces- comprehensive-strategy-to-prevent-and-respond-to-gun-crime-and-ensure-public-safety/ xviiiPresident Biden Announces More Actions to Reduce Gun Crime and Calls on Congress to Fund Community Policing and Community Violence Intervention, White House.: https://www.whitehouse.gov/briefing-room/speeches-remarks/2022/02/03/president-biden- announces-more-actions-to-reduce-gun-crime-and-calls-on-congress-to-fund-community- policing-and-community-violence-intervention/ xix W (AACL) – Michael A. Ayele Statement in Response to Inconsistencies Within the Department of the Interior (DOI) The Association for the Advancement of Civil Liberties (AACL) acknowledges the existence of a gun-violence public health epidemic in the United States of America (USA). The AACL has found several actions taken by the DOI National Park Services (NPS) to be regrettable because they were not the sort to foster good ties and relationships between the government, the media W (AACL) – MICHAEL A. AYELE 20
RECORDS REQUEST 04/03/2022 and the general public. The AACL is specifically worried about the DOI (NPS) failure to grant the AACL the opportunity to submit new requests in connection with the executive branch of the U.S government to avoid paying fees in circumstances where the time to conduct a search at no cost (to the representative of the media and/or the member of the general public) has elapsed. The decision of the DOI (NPS) to charge (a financially restricted NGO) fees in connection to a records request, where a fee waiver was requested, is in the opinion of the AACL negative one. Furthermore, the actions taken by the DOI (NPS) are not consistent with several previous decisions made by the DOI to consider the AACL as a representative of the news media for the purpose of the Freedom of Information Act (FOIA). By letter dated March 26th 2021, the DOI Geological Survey had granted the AACL request for a fee waiver. Additionally, several offices associated with the Bureau of Land Management (BLM) have granted the AACL request for expedited processing for the case numbers they had assigned: DOI BLM 2021003200; DOI BLM 2021003202; DOI BLM 2021003207; DOI BLM 2021003208; and DOI BLM 2021003213. The AACL encourages members of the general public to call their representatives and ask them to refuse taking the National Rifle Association (NRA) political donations and contributions. W (AACL) Michael A. Ayele Anti-Racist Human Rights Activist Audio-Visual Media Analyst Anti-Propaganda Journalist The Association for the Advancement of Civil Liberties (AACL) Files An Appeal With the Department of the Interior (DOI) Citing Several Inconsistencies In the Manner They Have Processed a FOIA Request Dealing With the U.S Government, W (AACL), Michael A. Ayele, Archive.org.: https://archive.org/details/w-aacl-foia-appeal-in-connection-with-the-executive- branch-of-the-u.-s-gvt xxA “straw purchaser” is a person who buys a gun on someone else’s behalf. Straw purchases violate a number of federal and, in some cases, state gun laws including, but not limited to, provisions of the GCA. Gun sellers who knowingly supply straw purchasers also violate those laws. Estados Unidos Mexicanos v Smith & Wesson Brands, Inc et al; Courthouse News.: https://www.courthousenews.com/wp-content/uploads/2021/08/mexico-smith-wesson- complaint.pdf xxiThe attorneys general of 13 states and Washington DC this week expressed support for a federal lawsuit by the Mexican government that accuses a group of American gun manufacturers of facilitating the trafficking of weapons to criminals in Mexico, fueling gun violence. (…) The defendants -- among them brands like Smith & Wesson, Colt and Glock -- pointed to the law as one argument in an effort to have the case dismissed. But the attorneys general argue the PLCAA would not, in the words of Bonta's office, "shield the companies from accountability." Massachusetts Attorney General Maura Healey, in a news release issued Tuesday, asked the court to acknowledge gun manufacturers, dealers and distributors can be held accountable for W (AACL) – MICHAEL A. AYELE 21