[Libs-Or] Justice Department asks libraries to destroy documents - more info

Thu Jul 29 11:51:34 PDT 2004

Thanks to Councilor Conkling for sending us ALA's initial response to this request.  Below is background on the request from the Washington Office, the text of the request, and a response from the Superintendent of Documents.  Wyma Rogers

......................................
 ALAWON: American Library Association Washington Office Newsline
 Volume 13, Number 53
 July 23, 2004

 In This Issue: Justice Department asks depository libraries to destroy
 forfeiture documents

 The Department of Justice 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 have them, they are hardly internal use only.

 We 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.

 We urge you to contact your Members of Congress about this
 (particularly if they are on the House or Senate Judiciary Committees)
 [see
 capwiz.com/ala/dbq/officials/directory/directory.dbq?command=congdir]
 and convey your concern about the Department of Justice requiring
 materials that have been and are still public -- except through Federal
 Depository libraries now -- being removed and destroyed.

 In addition to the notice to depository libraries , this ALAWON also
 contains a follow-on communication to a public list from Judy Russell
 (the Superintendent of Documents).

 *********************************
 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
 ________________________

 From Russell, Judith C. (SuDoc) 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 at gpo.gov)
 Managing Director, Information Dissemination (Superintendent of
 Documents)
 U.S. Government Printing Office
 Phone: 202-512-0571
 Fax: 202-512-1434

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