Case 5:05-cv-01396-DDD

Document 27-2

Filed 08/29/2005

Page 1 of 1

u.s. Department of Justice
United States Marshals Service
Office 0.1'
of General Counsel

\¥asllingfOll, DC 20530-/000
20530-1000
Washington,

August 10, 2005

MEMORANDUM TO:

All United States Marshals
All Chief Deputy U.S. Marshals
All Assistant Directors

FROM:

SUBJECT:

Gerald M. Auerbach
General Counsel

,);'t!
i)tf!

7111-

USMS Directive 1.12 - Release of Mug Shots
to the Media

Based on guidance from the Department of Justice (DOJ), Office of Information and
Privacy (OIP), by Memorandum dated August 19,2004,
19, 2004, the Office of General Counsel (OGCy"
(OGC)~
notified you that mug shots would no longer be disclosed to the media in the Sixth Circuit.
However, due to recent litigation and review by the Department of Justice, Civil Division, and
DIP will be
the Solicitor General's office, we are infonned
informed that the Department of Justice, OIP
retracting its guidance calling for the non-disclosure of mug shots in the Sixth Circuit.
Circuit4
Accordingly, OGe's
OGC's August 19,2004 Memorandum to you is now rescinded and the Sixth
Circuit exception to the non-disclosure of mug shots to the media must be reinstated, i.e., mug
shots will once again be disclosed in response to Freedom of Infonnation
Information Act (FOIA) requests in
the Sixth Circuit.

aGe will implement this change directly, and will henceforth handle all FOIA requests
OGC
for mug shots received by any district. Thus, all requests for booking photographs (mug shots)
directed to district personnel in the Sixth Circuit and elsewhere, should be forwarded to the
Office of General Counsel (OGe) for appropriate response. Should you have any questions or
concerns, please contact Ed Bordley, United States Marshals Service, FOIPA Officer at 202-30790544 Your assistance is greatly appreciated.
9054.

Exhibit A