Appeal Filed with Mayor’s Office of Legal Counsel

DC Courts — MOLC incident documentation, Washington D.C.
DC Courts
April 2, 2025
7 min read

Statement of Circumstances

I am submitting this appeal pursuant to the District of Columbia Freedom of Information Act (DC FOIA), D.C. Official Code § 2-537 and DCMR 412, in response to the denial or improper fulfillment of my request for CCTV footage related to an attempted vehicular assault on February 8, 2025, at 12:29:40 PM EST.

On March 7, 2025, I submitted a FOIA request to the Department of Homeland Security & Emergency Management Agency requesting CCTV footage from the intersection of New York Avenue and Florida Avenue NE, Washington, DC, adjacent to the Bureau of Alcohol, Tobacco, Firearms and Explosives Headquarters. This footage was requested to identify a suspect involved in an attempted vehicular assault (MPD CCN#1234567890).

The footage that was subsequently provided does not capture the incident as requested. The video received:

  • It was recorded from an angle that does not show the location where the incident occurred.
  • Contains footage from a different time than specified in my request.
  • Does not match the timestamp of my personal audio and video recordings from the incident.

Reasons for Disclosure

  • Incorrect and Insufficient Response: The agency provided footage that does not correspond with the specific details outlined in my request, effectively denying my right to the requested public records.
  • Relevance to Public Safety: The footage is critical in identifying the suspect and vehicle involved in the attempted vehicular assault, contributing to public safety and law enforcement efforts.
  • Government Transparency: The DC FOIA is designed to ensure transparency and accountability. The failure to provide the requested footage in its correct form undermines these principles.
  • Legal Obligation to Provide Records: Under DC FOIA, I have the right to access government records unless a valid exemption applies. No valid exemption has been cited for denying access to the correct footage.

Request for Corrected Disclosure

I respectfully request that the Office of Legal Counsel direct the agency to:

  • Conduct a thorough review of the CCTV footage from the correct location and time as per my original request.
  • Provide the properly requested footage that captures the actual incident at 12:29:40 PM EST on February 8, 2025.
  • If the footage is unavailable, provide a written explanation detailing why the footage is not accessible or why it was not initially provided.

Attachments

  • Copy of my original FOIA request
  • Copy of the response and incorrect footage provided
  • Any additional relevant documentation

I appreciate your prompt attention to this matter and request a timely resolution. Please confirm receipt of this appeal and provide any updates on the review process at your earliest convenience.

Sincerely,
Lorem Ipsum Dolor
Lorem Ipsum St NW Washington, DC, 20001
123.456.7890
lorem@ipsum.com

Re: Freedom of Information Act Request for CCTV Footage and Request for Fee Waiver

Pursuant to the Freedom of Information Act (FOIA), 5 U.S.C. § 552, and the DC Freedom of Information Act, DC Official Code § 2-532, I am writing to request the release of certain records held by the Metropolitan Police Department. Specifically, I am requesting the following records:

CCTV Footage:

Video recordings from the closed-circuit television (CCTV) system located at or near the intersection of New York Avenue and Florida Avenue NW, Washington, DC, adjacent to the Bureau of Alcohol, Tobacco, Firearms and Explosives Headquarters, on February 8, 2025, at 12:29:40 PM EST. The footage should capture the incident involving a black Dodge Charger or a similar type of muscle car, driven by a black male between the ages of 25 to 30. The vehicle was involved in an attempted vehicular assault. I am specifically requesting this footage to confirm the identity of the individual and to retrieve the vehicle’s tag number, which I was unable to obtain at the scene.

If the requested records are available in an electronic format, I would prefer to receive them electronically, either via email or through a file-sharing service.

Request for Fee Waiver:

In accordance with DC Official Code § 2-532(b), I am requesting a waiver of any fees associated with the processing of this request as I am a low-income individual receiving public assistance benefits, including SNAP, Medicaid, and LIHEAP. I am requesting this waiver due to my financial hardship. This request is made in the public interest, as the release of this information is likely to contribute significantly to the public’s understanding of a matter related to public safety and government transparency. The requested CCTV footage pertains to an attempted vehicular assault in a public area and is essential for verifying the identity of the suspect and vehicle involved. Disclosure of this footage is not for commercial purposes, but rather to ensure public accountability.

Should you determine that a fee is necessary, I respectfully request that you provide an estimate of those costs before proceeding with the processing of my request.

Conclusion:

I request a response to this request within the time frame specified under the FOIA. Should you need any further clarification or additional details to process my request, please do not hesitate to contact me at 123.456.7890 or lorem@ipsum.com

Thank you for your attention to this matter. I look forward to your prompt response.

Sincerely,

Lorem Ipsum Dolor
Lorem Ipsum St NW Washington, DC, 20001
123.456.7890
lorem@ipsum.com

Statement of Denial

Good morning,

This correspondence serves as the final response to your request for CCTV footage R000000-0000000 as referenced below:

Re: Freedom of Information Act Request for CCTV Footage and Request for Fee Waiver

Pursuant to the Freedom of Information Act (FOIA), 5 U.S.C. § 552, and the DC Freedom of Information Act, DC Official Code § 2-532, I am writing to request the release of certain records held by the Department of Homeland Security & Emergency Management Agency.

Specifically, I am requesting the following records: CCTV footage—video recordings from the closed-circuit television (CCTV) system located at or near the intersection of New York Avenue and Florida Avenue NE, Washington, DC, adjacent to the Bureau of Alcohol, Tobacco, Firearms and Explosives Headquarters, on February 8, 2025, at 12:29:40 PM EST.

The footage should capture the incident involving a black Dodge Charger or a similar type of muscle car, driven by a black male between the ages of 25 to 30. The vehicle was involved in an attempted vehicular assault, MPD CC# 00000000. I am specifically requesting this footage to confirm the identity of the individual and to retrieve the vehicle's tag number, which I was unable to obtain at the scene. If the requested records are available in an electronic format, I would prefer to receive them electronically, either via email or through a file-sharing service.

Fee Waiver

In accordance with DC Official Code § 2-532(b), I am requesting a waiver of any fees associated with the processing of this request as I am a low-income individual receiving public assistance benefits, including SNAP, Medicaid, and LIHEAP. I am requesting this waiver due to my financial hardship. This request is made in the public interest, as the release of this information is likely to contribute significantly to the public's understanding of a matter related to public safety and government transparency. The requested CCTV footage pertains to an attempted vehicular assault in a public area and is essential for verifying the identity of the suspect and vehicle involved. Disclosure of this footage is not for commercial purposes, but rather to ensure public accountability. Should you determine that a fee is necessary, I respectfully request that you provide an estimate of those costs before proceeding with the processing of my request.

Conclusion

I request a response to this request within the time frame specified under the FOIA. Should you need any further clarification or additional details to process my request, please do not hesitate to contact me at 123.456.7890 or lorem@ipsum.com.

Thank you for your attention to this matter. I look forward to your prompt response.

Sincerely,

Lorem Ipsum Dolor
Lorem Ipsum St NW Washington, DC, 20001
123.456.7890
lorem@ipsum.com

It is the public policy of the District of Columbia that all individuals are entitled to full and complete information regarding the affairs of government and the official acts of public officials and employees.

Your request for footage has been processed. You can access and download the footage using this link: https://youtu.be/omkFGN3Upds (Box url was removed).

Please be advised that the direction the camera is facing at the time of recording is the only angle available. We are unable to retroactively adjust the view or improve the quality of the images.

If you believe this constitutes a denial of your request, you have the right to appeal under D.C. Official Code § 2-537 and 1 DCMR 412. Appeals may be directed to the Mayor or to the Superior Court of the District of Columbia. If you choose to appeal to the Mayor, your appeal must be in writing and include "Freedom of Information Act Appeal" or "FOIA Appeal" in the subject line of the letter and on the envelope.

Your appeal must also include:

  • A copy of the original request;
  • A copy of any written denial;
  • A statement of the circumstances, reasons, and arguments in support of disclosure;
  • Your daytime telephone number and email and/or U.S. Mail address.

Appeals can be submitted online via the DC Government Public FOIA Portal. Written appeals may also be mailed to:

The Mayor’s Office of Legal Counsel
FOIA Appeal
1350 Pennsylvania Avenue, N.W., Suite 407
Washington, D.C. 20004

Electronic versions can be emailed to foia.appeals@dc.gov . Additionally, please forward a copy of all appeal materials to the HSEMA FOIA Officer. Failure to adhere to these administrative steps may result in delays in processing your appeal to the Mayor.

Thank you,

Joe Ruel
FOIA Officer | Office of Policy, Performance, and Data
DC Homeland Security and Emergency Management Agency
Mobile: (202)302-0082
Email: hsema.foia@dc.gov
hsema.dc.gov

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