[ D R A F T ]


Marshall R. Williams, Chief
Freedom of Information/Privacy Act Unit
Office of Enforcement Operations
Criminal Division [sic]
U.S. Department of Justice
10th and Constitution, N.W.
Washington [zip code exempt]
DISTRICT OF COLUMBIA

Dear Mr. Williams,

Thank you for your letter dated March 13, 1997.  I appreciate the
fact that  you have  honored my mailing location exactly as shown
on my original FOIA request.

I also appreciate the fact that you have referred my FOIA request
to the Justice Management Division.  I presume you have done this
in honor  of my  request for same on page two (2) of the original
FOIA request.

For your  information, I have already appealed this request, in a
proper and timely FOIA appeal submitted to the Disclosure Officer
in the Attorney General's office.

Your letter  goes on  to state that I can seek judicial review of
this action.   You  did not, however, specify which federal court
has original  jurisdiction over  a petition to enforce disclosure
of documents  improperly withheld  under the  FOIA, and to enjoin
withholding of documents properly requested under the FOIA.

In your  official opinion, is it the United States District Court
("USDC"), or  is it  the District  Court  of  the  United  States
("DCUS") which has original jurisdiction over FOIA enforcement?

I am  asking this question because a federal judge in Arizona, in
late spring  of 1996, ruled that the USDC is not the proper forum
to bring  a request  under the FOIA.  That can only mean that the
DCUS is the proper forum.

Do you  agree or  do you  disagree?   It makes  a big difference,
because I  do not  want to  petition a  court which does not have
competent jurisdiction, pursuant to Act of Congress.

I will look forward to your timely and considerate response.


Respectfully submitted,

[not signed]

Everett C. Gilbertson, Sui Juris
Citizen of Minnesota state
(expressly not a federal citizen)

All Rights Reserved without Prejudice


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U.S.A. v. Gilbertson, District Court