The following is a Freedom of Information Act (FOIA) reply from the U.S.Armed Forces Institute of Pathology regarding a request for records that confirm the collection and identification of terrorists accused of hijacking American Airlines flight 77 and United Airlines flight 93 on September 11, 2001. Such records are reportedly exempt from disclosure under exemption (b)(7)(a) which prohibits disclosure of information which would interfere with an on-going law enforcement investigation and exemption (b)7(c), which also provides protection for law enforcement information the disclosure of which could reasonably be expected to result in an unwarranted invasion of personal privacy of individuals in being associated with criminal activities, including investigators.
Dear Mr. Monaghan:
This is in response to your August 28,2009, Freedom of Information Act (FOIA) request for records establishing the recovery and/or identification of the remains of the terrorists accused of hijacking American airlines flight 77 and United Airlines flight 93 on September 2001, collected from the Pentagon building in Arlington, VA and Shanksville, PA. And positively identified following the terrorist attacks of September 2001.
You also requested the records establishing the recovery and/or identification of passenger remains of those aboard American Airlines flight 77 and United Airlines flight 93, who perished in the terrorist attacks of September 11,2001. Your request was received at the Armed Forces Institute of Pathology on September 3, 2009, and assigned a tracking number of 1O-W2DL-000I5-F was processed in accordance with the Freedom of lnformation Act, 5 United States Code (U.S.C.) § 552.
The review has been completed and the potentially responsive documents are being withheld pursuant to the FOIA under the following Exemptions: Exemption (b)(6) prohibits the disclosure of an individual's personal information viewing it as an invasion of their personal privacy; Exemption (b)(7)(a) which prohibits disclosure of information which would interfere of information that could reasonably be expected to constitute an unwarranted invasion of personal privacy.
Additional you request is being denied pursuant to FOIA Exemption (b)(7)(a) which prohibits the disclosure of information whose release could reasonably be expected to interfere with an on-going law enforcement investigation. FOlA Exemption (b)7(c) also provides protection for law enforcement information the disclosure of which could reasonably be expected to result in an unwarranted invasion of personal privacy of individuals in being associated with criminal activities, including investigators.
Because your FOIA request has been denied, you are advised of your right to appeal this determination to the Secretary of the Army. If you decide to appeal at this time, your appeal must be submitted within 60 days of the date of this letter. In your appeal, you must state the basis for your disagreement with the denial and the justification for the release of information associated with your request for this command. Your appeal should be addressed to: U.S. Army Medical Command, Attention: Freedom of lnformation Privacy Acts Office (MCPA), 2050 Worth Road Suite 21, Fort Sam Houston, Texas 78234-6021, for forwarding, as appropriate, to the Office of the Secretary of the Army. Please enclose a copy of this letter along with your appeal. To ensure proper processing of any appeal the letter and the envelope should both bear the notation, "Privacy Act/Freedom of Information Act Appeal."
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