RECORDS REQUEST 02/16/2022

W (AACL) Date. : February 16th 2022

Request for Records

Hello,

This is Michael A. Ayele sending this message though I now go by W. You may call me W. I am
writing this letter to file a request for records with your offices. The basis for this records
request is a statement issued by the National Endowment for the Humanities (NEH) on the
“Secret Lives of Jean Seberg.”i

I) Records Requested

What I am requesting for prompt disclosure are all records within your possession detailing [1]
your communications about the NEH as an “independent federal agency created in 1965;” [2]
your communications about the NEH as an independent federal agency, which awards grants for
“top-rated proposals examined by panels of independent, external reviewers;” [3] your
communications about the NEH grants “typically going to cultural institutions, such as museums,
archives, libraries, colleges, universities, public television, radio stations, and to individual
scholars;” [4] your communications about the NEH defining the term “humanities” as “the study
and interpretation of language, linguistics, literature, history, jurisprudence, philosophy,
archaeology, comparative religion, ethics etc;” ii [5] the applications filed by your library and
your post-secondary academic institution with the NEH for the purpose of obtaining a grant; [6]
your communications about the NEH as a federal agency, which recognizes that Jean Seberg was
a Caucasian woman born on November 13 th 1938 in Marshalltown, Iowa; [7] your
communications about the NEH as a federal agency, which recognizes that Jean Seberg “ joined
the NAACP in 1952, at the age of 14, and championed every cause she crossed paths with;” [8]
your communications about the NEH as a federal agency, which recognizes that Jean Seberg
“donated generously to several organizations, including the Black Panthers, as did Elizabeth
Taylor, Marlon Brando, and other Hollywood celebrities;” [9] your communications about the
NEH as a federal agency, which recognizes that “a casual phone call with Black Panther leader
Elaine Brown brought” Jean Seberg “to the attention of the FBI;” [10] your communications
about the NEH as a federal agency, which recognizes that Jean Seberg “was pregnant with her
second child” (…) “when the FBI released a tip to the Los Angeles Times stating that the baby
was actually fathered by a Black Panther;” [11] your communications about the NEH as a
federal agency, which recognizes that Jean Seberg “had a breakdown and delivered the baby
prematurely” as a direct consequence of libelous articles published on the Los Angeles Times
and Newsweek; [12] your communications about the NEH as a federal agency, which recognizes
that Jean Seberg “sued Newsweek for libel and won $20,000 in damages;” [13] your
communications about the NEH as a federal agency, which recognizes that “shortly after
Seberg’s funeral, the FBI’s smear campaign against her came to light, as well as other
intrusions Seberg had suspected;”iii [14] your communications about the decision of the Los
W (AACL) – MICHAEL A. AYELE 1
 RECORDS REQUEST 02/16/2022

Angeles Times to recognize (as a news media organization) their responsibility in the premature
birth and death of Jean Seberg’s daughter, Nina Hart Gary; iv [15] your communications about
Kristen Stewart as an actress who portrayed Jean Seberg in the 2019 movie entitled: Seberg;v
[16] the books and the articles offered by your library to representatives of the media and
members of the general public wishing to pursue research on the issue of wiretap; [17] the
Management Directive (MD-715) report submitted by the NEH to the EEOC for Fiscal Year
2019, 2020 and 2021; [18] the communications between the EEOC and the NEH about MD-715;
[19] the academic backgrounds, the professional responsibilities and annual salaries of Julia
Nguyen, Talisha Saddler, Margaret Scrymser and Pamela Thompson.

II) Request for a Fee Waiver and Expedited Processing

The requested records have demonstrated that (1) Jean Seberg was subjected to chauvinism,
discrimination, misogyny, racism and sexism because she was a woman of good-faith with
sincere convictions; (2) Jean Seberg mental health deteriorated because of the FBI wiretap and
the smear campaign orchestrated against her; (3) Jean Seberg’s daughter was born prematurely
and consequently died because of news outlets (such as Newsweek and the Los Angeles Times)
cooperating with the FBI smear campaign. In my opinion, these are not elements that tend to
boost public confidence in the activities of the U.S government (or other ones in the world who
may engage in such practice).

The core issues raised in this records request are the following. 1) What formal and/or informal
ties exist between your office, your local library, your post-secondary academic institution and
the NEH? Has your local library and/or your post-secondary academic institution previously
applied for a grant with the NEH? If yes, will you promptly disclose a copy of the grant your
local library and your post-secondary academic institution previously applied to? 2) Was the
wiretap of Jean Seberg appropriate taking into consideration that the only reason for it was her
support of civil rights organizations, which include but are not limited to the Black Panther Party
and the NAACP? Have you as a student in college ever discussed the issue of wiretap in a formal
academic setting? If yes, will you promptly disclose the conversations you have had on this
issue? 3) Does your local library offer books and articles about wiretap for representative of the
media and members of the general public who wish to be further informed on the issue? If yes,
will you promptly disclose those records?

On the bases of the issues that have been raised, I believe this records request should be
expedited and all fees waived. In my judgment, the records I have requested to be promptly
disclosed (1) puts into question the government’s integrity because of decisions that have
adversely impacted public confidence about the manner in which women and racial minorities
are treated in the United States of America (USA); (2) identifies operations and activities of the
federal government in concert with U.S local and state government; (3) are meaningfully
informative about government operations or activities in order to be ‘likely to contribute’ to and
increase public understanding of those operations or activities.

Have a good day. Take care. Keep yourselves at arms distance.

W (AACL)
W (AACL) – MICHAEL A. AYELE 2
 RECORDS REQUEST 02/16/2022

Michael A. Ayele
Anti-Racist Human Rights Activist
Audio-Visual Media Analyst
Anti-Propaganda Journalist

W (AACL) – MICHAEL A. AYELE 3

Work Cited

i
The Secret Lives of Jean Seberg, National Endowment for the Humanities (NEH).:
https://www.neh.gov/humanities/2016/spring/statement/the-secret-lives-jean-seberg

ii
About the NEH.: https://www.neh.gov/about

iii
The Secret Lives of Jean Seberg, National Endowment for the Humanities (NEH).:
https://www.neh.gov/humanities/2016/spring/statement/the-secret-lives-jean-seberg

iv The sad news was announced Sept. 8, 1979. Ten days after actress Jean Seberg had been
reported missing, her decomposing body was found wrapped in a blanket in the back seat of her
white Renault in Paris. She was only 40. (…) When the actress returned to Hollywood in 1968 to
make “Paint Your Wagon,” Airport” and “Macho Callahan,” the FBI became interested in her
because not only had she donated money to the Black Panthers, she had begun an affair with a
married African American activist. Its smear campaign claimed Seberg was pregnant with a
Black Panther’s child (L.A. Times’ gossip columnist Joyce Haber publicized it in a thinly veiled
post), causing her to go into premature labor and give birth to a daughter, Nina Hart Gary. The
little girl died two days later and was buried in Marshalltown but not before her coffin was
opened to prove the baby was white. The real life Jean Seberg and tragic tale behind Kristen
Stewart’s ‘Seberg,’ Los Angeles Times.: https://www.latimes.com/entertainment-
arts/movies/story/2020-02-26/jean-seberg-real-life-kristen-stewart

v
The circumstances of Jean Seberg’s death 40 years ago in late August 1979 were squalid and
pathetic. The American star’s body lay decomposing in a car on a street in Paris for 10 days
before the French police discovered it. There was a bottle of barbiturates and a suicide note
beside the corpse. As the press reported, her body had “baked in the sun” and the odour was
“unimaginably foul”. This was the actress who, at the start of her career, was described as “so
unimaginably fresh” by her colleagues. (…) “She was so misunderstood. It’s not like you need
to hero-worship a celebrity, they are just people you want to look at. The fact that people stared
at her and fixated on things that were not real, projections: that really ultimately destroyed
her,” Kristen Stewart, who plays her in the new film, Seberg, commented of the ill-fated actress
in a Vanity Fair interview. As an actor who has worked on both big Hollywood productions
like Twilight and in independent French arthouse features, Stewart seems perfectly qualified to
play her. Seberg, out in UK cinemas this Friday, isn’t a straight biopic. Its focus is its subject’s
deadly entanglement with the FBI. Days after her suicide, the FBI admitted that its agents had
plotted to ruin her reputation as part of their counter-intelligence programme, Cointelpro,

W (AACL) – MICHAEL A. AYELE 4

authorised by FBI founder, J Edgar Hoover himself. Seberg’s crime, in Hoover’s eyes, was her
involvement in political causes and her support of the Black Panther Party. In particular, they
were suspicious of her close links with Black Power leader, Hakim Jamal (played in the film by
Anthony Mackie). In 1970, the FBI planted the false rumour that Seberg was pregnant by a
Black Panther Party member in order to “cause her embarrassment” and “cheapen her image”
with the American public. Their plan worked. It was dispiriting but inevitable that some gossip
columnists followed the false leads that the FBI dangled in front of them. From the FBI’s point of
view, she was involved in radical politics, had contributed financially to the Black Panthers and
was therefore fair game. The story was picked up by gossip columnist, Joyce Haber, who
referred obliquely to it in the Los Angeles Times. Newsweek also wrote about it and named
Seberg. How Hollywood Star Jean Seberg was destroyed by the FBI, Independent.
https://www.independent.co.uk/arts-entertainment/films/features/kristen-stewart-new-movie-
jean-seberg-suicide-fbi-venice-film-festival-2019-a9080366.html

Kristen Stewart on playing actress Jean Seberg and why she loves France, France 24.:
https://www.youtube.com/watch?v=wSuVPetsnI0

W (AACL) – MICHAEL A. AYELE 5

July 13, 2022

VIA: [email protected]

Michael Ayele
ASSOCIATION FOR THE ADVANCEMENT OF CIVIL LIBERTIES
P.O. Box 20438
Addis Ababa, ETHIOPIA 10013

Re: FOIA No.: 820-2022-005060

Dear Mr. Ayele:

Your Freedom of Information Act (FOIA) request, received on 02/16/2022, is processed. Our search began
on 02/16/2022. All agency records in creation as of 02/16/2022 are within the scope of EEOC’s search for
responsive records. The paragraph(s) checked below apply.

[X] Your request is procedurally denied in part as [] it does not reasonably describe the records you
wish disclosed, or [X] no records fitting the description of the records you seek disclosed exist or
could be located after a thorough search, or [] the responsive records are already publicly available.
See the comments below for further explanation.

[X] Your request is also partially granted. Released to you are 20 records totaling 395 pages.
Portions not released are withheld pursuant to the deliberative process privilege of FOIA Exemption
5. The comments below explain the use of this exemption in more detail.

[X] Portions of your request contain equities concerning the NATIONAL ENDOWMENT FOR THE HUMANITIES
(NEH). Should you be interested in obtaining the withheld material in the records released to you
marked “NEH Equity”, please make a FOIA request directly to that agency. The comments below
provide additional information.

[X] You may contact the EEOC FOIA Public Liaison Michael L. Heise for further assistance or to
discuss any aspect of your request. In addition, you may contact the Office of Government
Information Services (OGIS) to inquire about the FOIA mediation services they offer.

The contact information for OGIS is as follows: Office of Government Information Services, National
Archives and Records Administration, 8601 Adelphi Road-OGIS, College Park, Maryland 20740-
6001, email at [email protected]; telephone at (202) 741-5770; toll free 1-877-684-6448; or facsimile
at (202) 741-5769.

The contact information for the FOIA Public Liaison is as follows: Michael L. Heise, EEOC FOIA
Public Liaison, Office of Legal Counsel, FOIA Division, Equal Employment Opportunity
Commission, 131 M. Street, N.E., Fifth Floor, Washington, D.C. 20507, email to [email protected],
telephone at (202) 921-2542; or fax at (202) 827-7545.

[X] If you are not satisfied with the response to this request, you may administratively appeal in writing.
Your appeal must be postmarked or electronically transmitted in 90 days from receipt of this letter
to the Office of Legal Counsel, FOIA Division, Equal Employment Opportunity Commission, 131 M
Street, NE, 5NW02E, Washington, D.C. 20507, email to [email protected]; online at
820-2022-005060

https://eeoc.arkcase.com/foia/portal/login, or fax at (202) 827-7545. Your appeal will be governed

Sincerely,

Michael L. Heise
Assistant Legal Counsel | FOIA Division
[email protected]

Applicable Sections of the Freedom of Information Act, 5 U.S.C. § 552(b) Used: (b)(5)

Exemption (b)(5) to the Freedom of Information Act (FOIA), 5 U.S.C. § 552(b)(5) (2016), as amended by
the FOIA Improvement Act of 2016, Pub. L. No. 114-185, 130 Stat. 538, permits withholding documents
that reflect the analyses and recommendations of EEOC personnel generated for the purpose of advising
the agency or other federal agencies of possible action. This exemption protects the agency's deliberative
process and allows nondisclosure of "inter-agency or intra-agency memorandums or letters which would
not be available to a party other than an agency in litigation with the agency." 5 U.S.C. § 552(b)(5). The
exemption covers internal communications that are deliberative in nature. National Labor Relations Board
v. Sears, Roebuck & Co., 421 U.S. 132 (1975); Hinckley v. United States, 140 F.3d 277 (D.C. Cir. 1998);
Mace v. EEOC, 37 F. Supp. 2d 1144 (E.D. Mo. 1999).

The purpose of the deliberative process privilege is to "allow agencies freely to explore alternative avenues
of action and to engage in internal debates without fear of public scrutiny." Missouri ex. rel. Shorr v. United
States Corps of Eng'rs., 147 F.3d 708, 710 (8th Cir. 1998). Disclosure of preliminary assessments and
opinions would create a chilling effect on the Commission staff’s ability to freely and openly deliberate and
discuss ideas, strategies, and recommendations, thereby impairing the Commission’s ability to effectively
and efficiently enforce applicable federal EEO laws by investigating charges and complaints, litigating and
adjudicating cases, promulgating regulatory and sub-regulatory guidance, conducting outreach and
education activities, and other related activities.

Records may be withheld under this exemption if they were prepared prior to an agency's decision, Wolfe
v. Dep’t of Health and Human Services, 839 F.2d 768, 775, 776 (D.C. Cir. 1988) (en banc) and for the
purpose of assisting the agency decision maker. First Eastern Corp. v. Mainwaring, 21 F.3d 465,468 (D.C.
Cir. 1994). See also, Greyson v. McKenna & Cuneo and EEOC, 879 F. Supp. 1065, 1068, 1069 (D. Colo.
1995). Records may also be withheld to the extent they reflect "selective facts" compiled by the agency to
assist in the decision-making process. A. Michael's Piano, Inc. v. Federal Trade Commission, 18 F.3d 138
(2d Cir. 1994). An agency may also withhold records to the extent that they contain factual information
already obtained by a requester through prior disclosure. See Mapother, Nevas, et al. v. Dep’t of Justice,
3 F.3d 1533 (D.C. Cir. 1993).

INFORMATION WITHHELD PURSUANT TO FOIA EXEMPTION 5:

 Communications between EEOC’s Office of Federal Operations (OFO) NEH concerning

D2 – pp 3-7 D3 – pp 8-15 D4 – pp 17-42 D6 – pp 46-8 D8 – pp 53-4 D9 – 57-99 D11 – 116-119

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820-2022-005060

COMMENTS

This office’s response to your request is as follows:

(1) Your request for the communications about the NEH as an “independent federal agency
created in 1965;” is procedurally denied. No records exist within the EEOC.

(2) Your request for the communications about the NEH as an independent federal agency, which
awards grants for “top-rated proposals examined by panels of independent, external
reviewers;” is procedurally denied. No records exist within the EEOC.

(3) Your request for the communications about the NEH grants “typically going to cultural
institutions, such as museums, archives, libraries, colleges, universities, public television,
radio stations, and to individual scholars;” is procedurally denied. No records exist within the
EEOC.

(4) Your request for the communications about the NEH defining the term “humanities” as “the
study and interpretation of language, linguistics, literature, history, jurisprudence, philosophy,
archaeology, comparative religion, ethics etc;” ii, is procedurally denied. No records exist
within the EEOC.

(5) Your request for the applications filed by your library and your post-secondary academic
institution with the NEH for the purpose of obtaining a grant; is procedurally denied. No
records exist within the EEOC.

(6) Your request for the communications about the NEH as a federal agency, which recognizes
that Jean Seberg was a Caucasian woman born on November 13th, 1938 in Marshalltown,
Iowa; is procedurally denied. No records exist within the EEOC.

(7) Your request for the communications about the NEH as a federal agency, which recognizes
that Jean Seberg “joined the NAACP in 1952, at the age of 14, and championed every cause
she crossed paths with;” is procedurally denied. No records exist within the EEOC.

(8) Your request for the communications about the NEH as a federal agency, which recognizes
that Jean Seberg “donated generously to several organizations, including the Black Panthers,
as did Elizabeth Taylor, Marlon Brando, and other Hollywood celebrities;” is procedurally
denied. No records exist within the EEOC.

(9) Your request for the communications about the NEH as a federal agency, which recognizes
that “a casual phone call with Black Panther leader Elaine Brown brought” Jean Seberg “to the
attention of the FBI;” is procedurally denied. No records exist within the EEOC.

(10) Your request for the communications about the NEH as a federal agency, which recognizes
that Jean Seberg “was pregnant with her second child” (…) “when the FBI released a tip to the
Los Angeles Times stating that the baby was actually fathered by a Black Panther;” is
procedurally denied. No records exist within the EEOC.

(11) Your request for the communications about the NEH as a federal agency, which recognizes
that Jean Seberg “had a breakdown and delivered the baby prematurely” as a direct
consequence of libelous articles published on the Los Angeles Times and Newsweek; is
procedurally denied. No records exist within the EEOC.

(12) Your request for the communications about the NEH as a federal agency, which recognizes
that Jean Seberg “sued Newsweek for libel and won $20,000 in damages;” is procedurally
denied. No records exist within the EEOC.

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820-2022-005060

(13) Your request for the communications about the NEH as a federal agency, which recognizes
that “shortly after Seberg’s funeral, the FBI’s smear campaign against her came to light, as
well as other intrusions Seberg had suspected;”iii, is procedurally denied. No records exist
within the EEOC.

(14) Your request for the communications about the decision of the Los Angeles Times to recognize
(as a news media organization) their responsibility in the premature birth and death of Jean
Seberg’s daughter, Nina Hart Gary; iv, is procedurally denied. No records exist within the
EEOC.

(15) Your request for the communications about Kristen Stewart as an actress who portrayed Jean
Seberg in the 2019 movie entitled: Seberg;v, is procedurally denied. No records exist within
the EEOC.

(16) Your request for the books and the articles offered by your library to representatives of the
media and members of the general public wishing to pursue research on the issue of wiretap;
is procedurally denied. No records exist within the EEOC.

(17) Your request for the Management Directive (MD-715) report submitted by the NEH to the
EEOC for Fiscal Year 2019, 2020 and 2021; is granted in part and denied in part.

I. Your request is granted for FY2019 (D19, 133 pages) and FY2020 (D20, 126 pages).
II. FY2021 is procedurally denied. No records exist at this time because the date for
submission of the FY2021 MD-715 report was extended for all agencies.

(18) Your request for the communications between the EEOC and the NEH about MD-715; is
granted in part and denied in part. See page 2 supra.

I. With respect to NEH equities as referenced at page 1 supra, the table below identifies
the document (D) and page (pp) number where these redactions occur.

D5 – pp 43-4 D7 – pp 50-2 D9 – pp 56-7 D11 – pp 101-115 D12 – pp 120

Should you wish to receive these records, please submit a FOIA request directly to NEH. As
a courtesy, that agency’s FOIA contact information appears below:

NEH FOIA Requester Service Center:

 FOIA Public Liaison Officer

(19) Your request for the academic backgrounds, the professional responsibilities and annual
salaries of Julia Nguyen, Talisha Saddler, Margaret Scrymser and Pamela Thompson, is
procedurally denied. No records exist within the EEOC.

This response was prepared by Tracy L. Smalls, Government Information Specialist, who may be reached
at [email protected] or 202-921-2541.

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 131 M St, N. E., Fifth Floor
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Washington, D. C. 20507
Office of Legal Counsel Free: (833) 827-2920
ASL: (844) 234-5122
FAX: (202) 827-7545
Website: www.eeoc.gov

03/16/2022

VIA: [email protected]

Michael Ayele (aka) W

Re: FOIA No.: 820-2022-005060

Dear Mr. Ayele (aka) W:

This letter is in response to your request or appeal under the Freedom of Information Act (FOIA),
received by our office on 02/16/2022. As provided in U.S.C. § 552(a)(6)(B) (2007), we hereby
provide you with the required written notice that we are extending by ten (10) working days the
time in which we shall respond. Such extension is necessary because of the following “unusual
circumstances”:

[X] (ii) The need to search for, collect, and appropriately examine a voluminous amount of
separate and distinct records which are demanded in a single request.

[X] If you have any questions or wish to discuss reformulation or an alternative time frame for
the processing of your request, you may contact Joanne Murray, the FOIA Professional
handling your request, at (202) 921-2541. Additionally, you may contact the Office of
Government Information Services (OGIS) at the National Archives and Records
Administration to inquire about the FOIA mediation services they offer. The contact
information for OGIS is as follows: Office of Government Information Services, National
Archives and Records Administration, 8601 Adelphi Road-OGIS, College Park, Maryland
20740-6001; email at [email protected]; telephone at (202) 741-5770; toll free (877) 684-
6448; or facsimile at (202) 741-5769.

We will make every attempt to respond to your request by 03/30/2022.

Sincerely,

/ Joanne Murray / for

02/16/2022

VIA: [email protected]
Michael Ayele (aka) W
Association for the Advancement of Civil Liberties
P.O.Box 20438
Addis Ababa, ETHIOPIA
Addis Ababa, ETHIOPIA, ETHIOPIA 10013

Re: FOIA No.: 820-2022-005060

Dear Mr. Ayele (aka) W:

Your request under the Freedom of Information Act (FOIA), 5 U.S.C. § 552, received by the Office of
Legal Counsel on 02/16/2022, is assigned to the [ X ] Simple [ ] Complex [ ] Expedited track with the
above FOIA number. Your request will be processed by Government Information Specialist Joanne
Murray who can be reached at (202) 921-2541.

[X] EEOC will make every effort to issue a determination on your request on or before 03/16/2022.
FOIA and EEOC regulations provide 20 working days to issue a determination on a request, not
including Saturdays, Sundays and federal holidays. In unusual circumstances, EEOC may extend
the 20 working days by 10 additional working days or stop processing your request until you
respond to our request for fee or clarifying information. Should EEOC take an extension or stop
processing your request, notice will be issued prior to the expiration of the 20 working days.

You may contact the FOIA Requester Service Center for status updates on your FOIA request
or for FOIA information via toll free at (833) 827-2920, to our non-toll free number at (202)
921-2542, by e-mail to [email protected], by facsimile to (202) 653-6034, or by mail to our office
address in the letterhead above. Additionally, if your request was filed online through the EEOC
FOIA Web Portal, you may monitor its status at https://eeoc.arkcase.com/foia/portal/login. You
may also contact the Acting EEOC FOIA Public Liaison, Michael L. Heise, for assistance.

Sincerely,

Joy Shealey/for
_____________________________
Michael L. Heise
Acting Assistant Legal Counsel
[email protected]
 U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 131 M St, N. E., Fifth Floor
Office of Legal Counsel Washington, D. C. 20507
Free: (877)-869-1802
TTY (202) 663-6056
FAX (202) 827-7545
Website: www.eeoc.gov

02/16/2022

Dear Michael Ayele (aka) W,

Your request has been delivered to the U.S. Equal Employment Opportunity Commission. The request has been
assigned tracking # 820-2022-005060, please log into your account and review your submission.

The application address is https://eeoc.arkcase.com/foia/portal/

Thank you,

U.S. Equal Employment Opportunity Commission

Notice of Confidentiality: The information contained in this transmission may contain privileged and confidential
information, including information protected by federal and state privacy laws. It is intended only for the use
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are not the intended recipient, please contact us at [email protected] and destroy all copies of the original message
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