US Department of Homeland Security report corroborates OG.NR exclusive report on US Spy plane over...

8/3/2019 US Department of Homeland Security report corroborates OG.NR exclusive report on US Spy plane over Tivoli Gard

1/5

1300 Pennsylvania Avenue NWWashington, DC 20229

u.s. Customs andBorder Protection

September 26, 2011Mattathias SchwartzThe New Yorker

Dear Mr. Schwartz:This l e t t ~ r is a fmal response to your frct100m of Information Act (FOIA) request toU.S. Customs and Border Protection (CBP) requesting copies of the following records:

Video recordings of a raid on Trivoli Gardens, a neighborhood in Kingston, Jamaica, that took placeon the morning ofMay 24, 2010. These records were made from a Department of HomelandSecurity P-3 Orion aircraft that was flying over Kingston that day.

Video recording and any written accounts relating in whole or in part to any gun battles that tookplace in Kingston, Jamaica between May 20,2010 and June 1,2010. Flight records showing the location and registration numbers of all Department ofHomelandSecurity aircraft that were in Jamaican airspace between May 20, 2010 and June 1,20 IO.

After a careful review of your request, CBP determined that a three-page record and video are responsive toyour request. The video is exempt from disclosure pursuant to Title 5 U.S.C. 552 (b)(6),(b)(7)(C), (b)(7)(D),(b)(7)E), (b)(7)(F) while the three page record is partially releasable pursuant to Title 5 U.S.c. 552 (b)(6),(b)(7)(C), (b)(7)(E) per below:Exemption (b)(6) exempts from disclosure personnel or medical files and similar files the release of whichwould cause a clearly unwarranted invasion of personal privacy. This requires a balancing ofthe public'sright to disclosure against the individual 's right privacy.Exemption (b)(7)(C) protects records or information compiled for law enforcement purposes that couldreasonably be expected to constitute an unwarranted invasion of personal privacy. This exemption takesparticular note of the strong interests of individuals, whether they are suspects, witnesses, or investigators, innot being unwarrantably associated with alleged criminal.Exemption b)(7)(D) pertains to records or information compiled for law enforcement purposes, the releaseofwhich could reasonably be expected to disclose the identities of confidential sources.Exemption (b)(7)(E) protects records compiled for law enforcement purposes, the release ofwhich woulddisclose techniques andlor procedures for law enforcement investigations or prosecutions, or would discloseguidelines for law enforcement investigations or prosecutions if such disclosure could reasonably beexpected to risk circumvention of the law.


2/5

Exemption (b)(7)(F) permits the government to withhold all information about any individual when disclosure of information about him could reasonably be expected to endanger the life or physical safety of any individual. This exemption also protects physical security at critical infrastructure sites. You have a right to appeal the decision. Should you wish to do so, you must send your appeal and a copy of this letter, within 60 days of the date of this letter, to: following the procedures outlined in the DHS regulations under Title 6 C.F.R. 5.9 . Your envelope and letter should be marked "FOIA Appeal." Copies of the FOIA and DHS regulations are available at www.dhs.gov/foia. The Office of Government Information Services (OGIS) also mediates disputes between FOIA requesters and Federal agencies as a non-exclusive alternative to litigation. 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 handle requests made under the Privacy Act of 1974. If you wish to contact OGIS, you may email them at or call .

Enclosures
http://www.dhs.gov/foiahttp://www.dhs.gov/foia


3/5

, .. U.S. DEPARTMENT OF HOMELAND SECURITYU.S. Customs and Border ProtectionSIGNIFICANT INCIDENT REPORTCBP Directive 3340-025C

Air Marine Enforcement Items: None

1. DATE OF INCIDENT: LOCATION OF INCIDENT: SIR NUMBER:512412010TIME OF INCIDENT: 10:00 Homestead. FL (b)(7)(E)

AM .... '(0) ..........REPORTED TO COMMISSIONER'S SITUATION ROOM VIA PHONE ON: DATE: 5/2412010 TIME: 10:12 PM TO: (b )(6),(b )(7)(C) 2. REPORTING OFFICE: DFOISECTOR: . POEtsT ATlON:Office of Air and Marine ;, National Air Security Operations P-3 Operations Center Corpus Christ

PERSON MAKING REPORT: (b )(6),(b )(7)(C).... , FAx ~ l } M B . E R : 1....1(b )(6),(b )(7)(C) (b )(6),(b )(7)(C)OFFICE PHONE: , . .. CELL PHONE:(b)(6),(b)(7)(C).POINT OF CONTACT: OFFICE PHONE: (b)(6},(b)(7)(C) : CELL PHONE: (b )(6},(b )(7}(C) FAX NUMBER:'t...._

3. T v n ~ ofincident: ON DUTY 0 OFF DUTY

4.SYNOPSIS: (USE CONTINUATION SHEET IF NECESSARY)See Attached Continuation

; ~ : ~ - . c

S E I Z U ~ . T Y P ~ : ...___ .QUANTITY: .. VALUE:" ., " -NUMBER OF ARRESTS: MALE: FEMALE: CITIZENSHIP:5. NOTIFICATIONS MADE:1. TELEPHONIC REPORTTO'C()MMISSiONER'S SliVATION ROOM (b)(7)(E) 5/24/2010 10:12 PN .2.0 ............ .... . 3.0

6. INruRIESIFATALITIES: EAPNAME AND EXTENT OF INJURY: AGENT ADVISED1. 2. NAME OF FATALITIES:1.2.

7. ACTION TAKEN:


4/5

Suspect still at large. P-3 (b )(7)(E) , upport requested for an additional two days tofacilitate the apprehension of suspect.

8.MEDIA INTEREST EXPECTED: Very high, National news services are covering the story.

CBP FORM 6 (01105SIGNIFICANT INCIDENT REPORTContinuation Sheet Page 2 of

DATE OF INCIDENT: 5/24/2010 LOCATION OF INCIDENT: SIR NUMBER:TIME OF INCIDENT: 10:00 AM . Homestead. FL

..Synopsis: (cont.):. ,- _., --.On 24 May 2010, OM3!0 a.P-3 Long Range Tracker (LRT) assigned tc) P-3 O p e r ~ t i o n s C e n t e ~ , . Corpus Christi, TX conducted perations over Kingston, Jamaica at therequest of and in support of the I:>t:Ug..Enforcement Administration (DEA)I9:ngston CO.l:UltI'y0ffice. The .request to the2ffice of A i ~ ~ d Marine was for an aerial s u r v ~ i l l ~ c e v e h i c l e . t ~ _ ~ ~ p p o r t the l)EA inserving an extradition warrant and the. extraction of C h r i s t o p ~ e r ' s Coke, tltealleged head of the ShowerPos.se. Suspe.ctis s u p ~ ~ t ~ d by other.gangs w h i ~ ~ ~ a v e . ~ a . f ! i ~ a ~ e ~ t h e m s e l , : , ~ ~ . i J - t . a loc,al y ' ! ! ~ ~ g ~ (TivoliGardens) rigged to high-vo.ltage wires and h o m e ~ m a d e gasolille ~ o m b s . Surveillance support is neededto increase officer s a f e t y ~ . ...... .... . At approximately 1400Z. Omaha 370 was cleared to initiate an orbit overland above the southwestern

"- " . . "- " ,.----._- .. area of Kingston, Jamaica a n d c o n d . u . ~ ~ surveillance around 1758N 07648W(ill the Tivoli. G a r d e n s s ~ ~ t i o n ofKiIlgston). Afte!J.:?5 hours,Omaha ~ ? O began a s e a r : ~ ~ of the suri'?unding n 7 i g ~ . ! ' ~ ~ ~ 0 ( ) . d ... ...approximately 1745Z, several Armored Personnel Carriers and bulldozers were located (b)(7)(E).. - ,-- . (b)(7)(E) . The vehicles and equipment removed a number ofroadway barricades near 1758N 07648W. Omaha 370 also observed approximately 40 armed Jamaican... ". . " . -' ..

(b)(7)(E) _(b)(7)(E)

(b)(7)(E)(b)(7)(E)

. 12.0 h o u ! . s . ? f f l ! ~ ~ . t ~ n : e .(b)(7)(E) IGIl All s ~ e n e s \ V e r ~ . ~ o n t i J l ~ ? u . s . l y recorded .....

(b )(7)(E)
http:///reader/full/Suspe.cthttp:///reader/full/Suspe.ct


5/5

CBP FORM 6 (01105) contSIGNIFICANT INCIDENT REPORTContinuation Sheet Page 3 of 3

DATE OF INCIDENT: St24i20io"-i LOCATl()N OF'INCIDENT: ; SIR.'Ni.iMBEiE'--'TIME OF INCIDENT: 10:00 AM Homestead. FL

- - , - - - - - , , - ~ - - , - - - - - '"",,-'''

US Department of Homeland Security report corroborates OG.NR exclusive report on US Spy plane over...

Documents

Transcript of US Department of Homeland Security report corroborates OG.NR exclusive report on US Spy plane over...