Here's more on the scandal about the DOJ demanding that public libraries
destroy DOJ publications about asset forfeiture.
From: Patrice McDermott <pmcdermott@alawash.org>
Date: July 23, 2004 12:31:22 PM EDT
To: govinfo@ala1.ala.org, FOI-L@LISTSERV.SYR.edu, access@lyris.ombwatch.org
Cc: in_defense_of_freedom@mailman.epic.org
Subject: [IDOF] Fwd: RE: DOJ asks depository libraries to destroy forfeiture documents
As you may be aware, the DOJ has asked the Superintendent of Documents
to instruct depository libraries to destroy all copies of the materials
listed below. DOJ claims that these are "training materials and other
materials that the DOJ staff did not feel were appropriate for external
use." GPO/SuDocs is doing what it is required to do and did do a
specific check with DOJ on this request - so that is not the issue
It is the case, however, that -- as one attorney put it -- these are
the types of materials that law offices have on hand "to help people get
their stuff back" from the government. Moreover, if law offices and law
libraries (I presume) have them, they are hardly internal use only.
I understand that DOJ has wanted -- for years -- to keep this material
internal and has not succeeded in doing so. Now what they will be doing
is making it difficult for the public -- those without access to a law
office or law library -- to get access to these materials.
ALA will be working on this issue and encourages you to contact your
Members of Congress about this(particularly if they are on the House or
Senate Judiciary Committees) [see
http://capwiz.com/ala/dbq/officials/directory/directory.dbq?command=congdir]
& to share this information with other 'stakeholders.'
Thanks,
Patrice
*********************************
Title: Civil and Criminal Forfeiture Procedure
Class: J 1.2:C 49/17
Item no: 0717
Shipping list: 2004-0276-M
Shipping list date: May 7, 2004
Title: Select Criminal Forfeiture Forms
Class: J 1.2:F 76/8
Item no.: 0717
Shipping list: 2004-0038-P
Shipping list date: December 12, 2003
Title: Select Federal Asset Forfeiture Statutes
Class: J 1.2:AS 7/2/2004
Item no.: 0717
Shipping list no.: 2004-0077-P
Shipping list date: February 5, 2004
Title: Asset forfeiture and money laundering resource directory
Class: J 1.89/3:M 74/2004
Item no.: 0717 A 11
Shipping list no. 2004-0120-P
Shipping list date: March 24, 2004
Title: Civil Asset Forfeiture Reform Act of 2000 (CAFRA), PL no.
106-185, 114 Stat. 202 (2000)
Class: J 1.2:C 49/16
Item no: 0717
Shipping list no.: 2000-0367-P
Shipping list date: September 23, 2000
Patrice McDermott
Deputy Director, Office of Govt Relations
American Library Association
1301 Pennsylvania Avenue N.W. S. 403
Washington, DC 20004-1701
http://www.ala.org/washoff
202-628-8410
"Russell, Judith C. (SuDoc)" <jrussell@gpo.gov> 7/22/2004 3:48:54
PM >>>
These DOJ documents were intended for internal use only, but were not
correctly marked as internal use only when sent to GPO for printing.
Had
they been correctly marked, we would not have obtained and distributed
copies without the permission of the publishing of the publishing
agency.
I personally spoke with the printing officer at DOJ and advised him
about
the definition in Title 44 that allow GPO to disseminate publications
that
are for internal use only if they have educational value or public
interest.
He advised me that these were training materials and other materials
that
the DOJ staff did not feel were appropriate for external use. Agencies
have
the option to ask that the item be destroyed by the libraries or
returned
either to GPO or the publishing agency. In this case, DOJ was satisfied
with
having the libraries remove the item and dispose of it.
This is a routine process. There is a SuDocs policy in place for
agencies to
recall material. The agency must give a reason for the recall and, in
this
case, I personally verified that it was a valid reason.
We are retaining several copies for the Collection of Last Resort and
future
public access if that is permissible in the future.
Please let me know if you need additional information.
Judy
Judith C. Russell (jrussell@gpo.gov)
Managing Director, Information Dissemination (Superintendent of
Documents)
U.S. Government Printing Office
Phone: 202-512-0571
Fax: 202-512-1434
***
July 20, 2004
Dear Depository Librarian:
The Department of Justice has asked the Superintendent of Documents to
instruct depository libraries to destroy all copies of the materials
listed
below. Please withdraw these materials immediately and destroy them by
any
means to prevent disclosure of their contents. The Department of
Justice
has determined that these materials are for internal use only.
Documents to be removed and destroyed:
Title: Civil and Criminal Forfeiture Procedure
Class: J 1.2:C 49/17
Item no: 0717
Shipping list: 2004-0276-M
Shipping list date: May 7, 2004
Title: Select Criminal Forfeiture Forms
Class: J 1.2:F 76/8
Item no.: 0717
Shipping list: 2004-0038-P
Shipping list date: December 12, 2003
Title: Select Federal Asset Forfeiture Statutes
Class: J 1.2:AS 7/2/2004
Item no.: 0717
Shipping list no.: 2004-0077-P
Shipping list date: February 5, 2004
Title: Asset forfeiture and money laundering resource directory
Class: J 1.89/3:M 74/2004
Item no.: 0717 A 11
Shipping list no. 2004-0120-P
Shipping list date: March 24, 2004
Title: Civil Asset Forfeiture Reform Act of 2000 (CAFRA), PL no.
106-185, 114 Stat. 202 (2000)
Class: J 1.2:C 49/16
Item no: 0717
Shipping list no.: 2000-0367-P
Shipping list date: September 23, 2000
Both GPO and the U.S. Department of Justice regret any inconvenience
resulting from this request and we appreciate your cooperation.
Sincerely,
JUDITH C. RUSSELL
Superintendent of Documents
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