An open letter to the Department of Justice about whether the FBI has geolocation data related to Seth Rich

[Redacted name of Asst. U.S. Attorney]:

Recent press reports indicate that the FBI purchased / obtained geolocation data to determine the location of individuals during the January 6, 2020 riots on Capitol Hill. I would like to know if the FBI purchased or obtained similar data related to Seth Rich on or around the July 10, 2016 date of his murder.

I know that the FBI does not include electronic surveillance (ELSUR) data in its FOIA search indices (per the policy excerpt attached below), so I’m wondering if the geolocation data might have been classified as ELSUR and therefore not indexed. Similarly, I’m wondering if the FBI has any ELSUR on purported attempts to hack, tamper with, or otherwise alter the data on Seth Rich’s personal or work laptops. For example, the FBI may have purchased, obtained or produced ELSUR related to other individuals alleged to be responsible for hacking the DNC, hacking Seth’s laptops, etc. I believe any such information would be covered by the following paragraph in our April 9, 2020 request:

All data, documents, communications, records or other evidence indicating whether Seth Rich, Aaron Rich, or any other person or persons were involved in transferring data from the Democratic National Committee to Wikileaks in 2016, either directly or through intermediaries. This request includes, but is not limited to, any reports from CrowdStrike, Inc. that were obtained by the FBI while assisting Special Counsel Robert Mueller’s investigation.

Please ask the FBI to clarify whether it has searched for relevant ELSUR. Thank you.

Ty Clevenger

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