Honorable court of record

IN THE UNITED STATES DISTRICT COURT

FOR THE WESTEBN DISTRICT OF NEW YORK

UNITED STATES OF AMERICA

Plaintiff 09-CR-121-S
V.
JUDICIAL NOTICE
SHANE C. BUCZEK, a U.S. TRUST of
Defendant emails received February 17,2010
Gourt to take Judicial
shane-christopher: buczek, Notice under Federal Rules of
as third-party intervener and Grantor I Beneficiary Evidence 201(1)
Petitioner

,
JUDICIAL NOTICE OF EMAILS RECEIVED FEBRUARY 17,2010
COURT TO TAKE JUDICIAL
NOTICE UNDER FEDERAL RULES OF
EVIDENCE 201(F)

Petitioner, shane-christopher: buczek, heretofore and hereafter ,"Petitioner", notices the

court to take Judicial Notice of emails received February 17, under Federal Rules of Evidence
201(1).

I, shane-christopher: buczek, declare under penalties of perjury under the laws of these

United States of America that the foregoing is true and correct to the best of my knowledge, is

made in good faith and is admitted if not rebutted. I certify that the facts stated herein are true

and correct under the penalty of perjury as provided by 28 USC Section 1746, that I am over the

age of 18, and that I have first hand knowledge first hand of the facts stated herein are true and

correct.

09-CR-121-S
JUDICIAL NOTICE OF EMAILS RECEIVED FEBRUARY 17,2010
10f3
 In Trust,

shane-christopher: buczek
as third party intervener and
Grantor/BeneficiarylPetitioner for:
SHANE C. BUCZEK a US TRUST
All rights reserved Without Prejudice
Without recours~ UCC 1-308
September lv~ ,2010

Exhibit "A": February 18,2010 TRANSCRIPTS Page 22 line 19 to 21 "threatening emails

and,

Exhibit "B": List of FOREIGN AGENTS, NO GREEN CARD,FOREIGN

REGISTRATION STATEMENT NOT ON FILE WITH NO BONDING AGENT OR
LICENSES TO DO BUSINESS IN THE STATE (TITLE 22 SEC.' 611 and 612)

Cc.
Judge Kenneth Schroeder, Jr.
68 Court Street 4th Floors
Buffalo, New York [14202]

09-CR-121-S
JUDICIAL NOTICE OF EMAILS RECEIVED FEBRUARY 17,2010
2of3
 i~:tl CERTIFICATE OF SERVICE '
On this the \ '1. day of September 2010, a true and correct copy was personally 09-CR 121,09-
CR-141 and~CR-054 delivered to the Clerk of the Court and the Clerk will serve AUSA by
electronic filing

09-CR-121-S ,
JUDICIAL NOTICE OF EMAILS RECEIVED FEBRUARY 17, 2010
30f3
,
"
 Page 10fl

Subj: Hey Jackass

Date: 2/17/20102:37:28 P.M. Eastern Standard Time
From:
To:

Hey Scumbag,

Why don't you tell everyone you opened an account at Best Buy in Hamburg and then made a number of major
purchases including a 52" flat screen TV, and washer and dryer, and then instructed HSBC to get the funds to pay
off his $8,800 in appliance purchases by debiting a non-existent account at DepOSitory Trust and Clearing
Corporation, a commercial bank in New York City that clears stock and bond transactions for major stockbrokers,
but does not have accounts with any individuals (including you asshole).

You are a thief with mental illness. You are an idiot who will get what you deserve. You will be in jail in a matter of
a year or two, because you can't help yourself

I am one of many people who absolutely despies you. We will be watching from the sidelines as the Judicial
system takes its course

Wednesday, February 17,2010 AOL: RonpaulSilver

 Subj: Re: Hey Jackass YOU MUST BE FROM BUFFALO
Date: 2/17/20102:42:31 P.M. Eastem Standard Time
From:
To:

Your so smart! Your techniques are really working for you! Hows the ankle bracelet asshole?

I didn't know you were bald? you are a loser and always will be. How does it feel to be an embarrassment to your
family and your community. We all hope you move

On Wed, Feb 17, 2010 at 2:39 PM. corn> wrote:

great to meet you!!!! Now time for education!!!!!!!

In a message dated 2/17/2010 2:37:28 P.M. Eastem Standard Time, shanebuczekscum@gmall com writes:

Hey Scumbag,

Why don't you tell everyone you opened an account at Best Buy in Hamburg and then made a number
of major purchases including a 52" flat screen TV, and washer and dryer, and then instructed HSBC to
get the funds to payoff his $8,800 in appliance purchases by debiting a non-existent account at
Depository Trust and Clearing Corporation, a commercial bank in New York City that clears stock and
bond transactions for major stockbrokers, but does not have accounts with any individuals (including
you asshole).

You are a thief with mental illness. You are an idiot who will get what you deserve. You will be in jail in
a matter of a year or two, because you can't help yourself.

I am one of many people who absolutely des pies you. We will be watching from the sidelines as the
Judicial system takes its course

Wednesday, February 17,2010 AOL: RonpaulSilver

 UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NEW YORK

UNITED STATES OF AMERICA, * DC1cket No. 08-cr-054,

* 09-cr-121, and 09-cr-141
*
* Buffalo, New York
v. * ~~~~~~"O
*
*
SHANE C. BUCZEK, * STATUS CONFERENCE
*
Defendant. *
*
* * * * * * * * * * * * * * *

TRANSCRIPT OF PROCEEDINGS
BEFORE THE HONORABLE WILLIAM M. SKRETNY
UNITED STATES CHIEF DISTRICT JUDGE

APPEARANCES:

For the Government: MARY C. BAUMGARTEN

ANTHONY M. BRUCE
Assistant United States Attorney
Appearing for the United States

For the Defendant: C. BUCZEK, pro se

BRIAN P. COMERFORD,
Attorney Advisor

Court Reporter: PATRICIA A. 'GALAS,

Notary Public
Jack W. Hunt & Associates, Inc.
1420 Liberty Building
Buffalo, New York 14202
(716) 853-5600

Proceedings recorded by mechanical stenography,

transcript produced by computer.
 Proceedings 22

1 THE COURT: We are done with it now, because it is the

2 day of reckoning, basically.

3 THE DEFENDANT: That's why I'm still looking for the

4 claim.

5 THE COURT: Well, take my word for it in this regard,

6 the claim is the indictment. You don't want to accept it, but

7 that is the claim.

8 All right. So you have to deal with that part of it,

9 Mr. Buczek, and then we go from there.

10 THE DEFENDANT: Why are you going to the bank case

11 before we get to the passport case? That's out of order, isn't

12 it?

13 THE COURT: No, not in this case.

14 THE DEFENDANT: Judge, one thing, lastly. I have a

15 copy of two e-mails I received yesterday I would like you to

16 see. Maybe you want to keep it on the private side? And I have

17 a copy for --

18 THE COURT: No.

19 THE DEFENDANT: Then I want to make a record of it. I

20 e-mails sent to e-mail box. I

21 did them off and I do for the U.S. Attorney.

22 THE COURT: Well -- I'm sorry, Mr. Buczek, go ahead.

23 MR. BUCZEK: Thank you, Your Honor. I love that

24 statement up there and I know you adhere, to it.

25 The one thing that we are very concerned about and

 Proceedings 17

1 she know the rules. If it's not evidentiary proper or if it's

2 not procedurally proper under the rules, I will have to what I

3 call sustain the objection, which means you can't get it in.

4 So work on that. Work through it with Mr. Comerford

5 and we'll see you back here on the --

6 THE DEFENDANT: Judge I can't do that, you know that.

7 I have a document that I'd like to file and it wraps around the

8 whole jurisdiction issue.

9 I appreciate your concern about me and I know you

10 have taken an oath of office to in my mind if we

11 had a Government if we did have I would not be

12 standing in this room right now.

13 And under the Seventh Amendment, you must have

14 controversy exceeding $20. And I know you know about Article I,

15 Section la, that all of that is to be paid back in gold

16 and silver. And I know we're not operating under the

17 Constitution, but I still want to put it on the record.

18 And there is no money, there is, no controversy, there

19 is no case, there is no real party, there is no ratification and

20 commencement. This is getting ridiculous. Thank you.

21 THE COURT: Fair enough, that's your defense. If you

22 choose to do it in a way that it can be presented to a jury

23 within the four corners of proper evidentiary and procedural

24 rules, go for it. That's your right.

25 I'll try to manage it as best I can. You have a lot

 Proceedings 18

1 at stake here. Think about that. Princ~ple, it's a good thing.

2 Reality is a good thing. Work them together.

3 THE DEFENDANT: So, Judge, Brian is going to be standby?

4 THE COURT: Yes.

5 THE DEFENDANT: And I'll be able to file this document

6 I wanted to put in?

7 THE COURT: Yes, you can file it but with his advice.

8 Go over it with him just to make sure it's not going to be

9 bounced back at you, because if it's not the proper form that

10 complies with our rules for filing, Mr. Buczek, it won't be

11 accepted. So you've got to do it that way. rules whether

12 whether I like them -- I don't like some of these

13 rules.

14 THE DEFENDANT: Oh, I know, Ire crazy.

15 THE COURT: And some of them are craz for the

16 most part, when you work through it, they

17 THE DEFENDANT: Well, you know, I was downstairs with

18 Judge Schroeder 27 times or whatever and I've gotten to know him

19 over the last couple years and developed a relationship with him

20 that that I've learned a lot. And reason why I'm bringing

21 this up is because I understand where you're coming from.

22 And as I was going along, I did make some mistakes,

23 but the things I want to present in front of you, an attorney

24 can't do that. My whole issue is getting back to the

25 ratification and commencement. And not that I'm trying to --

,
· FD·302 (Rev. 10-6-95)

- 1-

FEDERAL BUREAU OF INVESTIGATION

Date of transcription 01/20/2009

Pursuant to a Search Warrant issued by United States

Magistrate Judge JEREMIAH J. MCCARTHY, Western District of New
York, a search was conducted at 7335 Derby Road, Derby, NY, on
January 16, 2009. Immediately preceding the execution of the
search warrant was the execution of an arrest warrant for SHANE
CHRISTOPHER BUCZEK, of 7335 Derby Road, Derby, NY.

The personnel involved in the search of the residence

were as follows:

SA Henry C. Falkowski, FBI

SA Michael Hubert, FBI
SA Tom Callaghan, FBI
SA Christopher Hubert, Diplomatic Security Service
Task Force Officer, Joseph Butta, Federal Protection
Service
SA James Lewer, Alcohol Tobacco, and Firearms
Scott Kawski, U.S. Probation
SA Edward Needham, FBI
SA William Bates, U.S. Department of Defense
Kristen Kemmlein, Treasury Inspector General of Taxation
Administration
SA Jason Schachner, FBI
SA Andrew Abramowitz, FBI
SA William Fallon, FBI
Judith Davidson FBI t Asset Forfeiture Investigator
Lead Border Patrol Agent Larry Jay, U.S. Border Patrol
Detective Edward Guzdek, Amherst Police Department
Federal Air Marshall Glenn Maier
Detective Timothy Salamone, Buffalo Police Department
Photographic Specialist CharleneAbbat~, FBI
SA Brian Ornan~f'B~I--~····---~ ~----- ~- ..~---.--~

The search consisted of the entire two story residence,

which was found to be in a clean condition, and consisted of a full
basement, kitchen, living room, two dens/offices, four bedrooms,
and three bathrooms.

The following log represents certain events which

occurred during the course of this search and the approximate time
at whleh they occurred:

Investigation on _0_1..;./_1_6....:../_2_0_0.,...9__ al Derby, NY

\ . ljle # 266M-BF-39552 Date dictated 01/20/2009

SA Jason Schachner
by SA Henry C. Falkowski/hcf 09-CR-121
3500L
This document contains neither recommendations nor conclusions of the FBl It is the property of the FBI and is loaned to your agency;
it and its contents are not to be distributed outside your agency.
ISlUR: Harvard Law Review, Vol. 78, No.3 (Jan., 1965), pp. 619-634 http://www .jstor .orglpss/1339 118

NOTES
ATTORNEYS UNDER THE FOREIGN AGENTS
REGISTRATION ACT OF 1938

For the past two years the Foreign Agents Registration Act of I938 1
has been the center of much debate and criticism~ :In the spring of
1963, the Senate Committee on Foreign Relations conducted a series
of hearings, which brought to light a mushrooming of representational
activity, and searched into the apparent failure of the Department of
Justice to enforce the act; through these inquiries, the committee at-
tempted to clarify the act's purposes and scope. Soon, after these hear-
ings, important amendments were proposed by Senators Fulbright and
Hickenlooper and passed by the Senate near the end of the final session
of the 88th Congress. 2 The amendments will probably be reintroduced
in the 89th Congress. Finally, the Supreme Court last Term in
Rabinowitz u. Kennedy 3 dealt for the first time with the applicability
of the act to practicing attorneys and seemed, through the use of broad
language, to extend the act to activities never before' thought to come
within its scope.
This Note will deal with the status of attorneys under the act today.
The potential effects of the proposed amendments will also be con·
sidered, and certain alterations will be proposed to ensure that the
goals of the amendments are actually achieved.

1. THE ACT TODAY

A. The General Scheme

I. Basic Provisions. - The core of the Foreign Agents Registration
Act lies in its first three sections, which define the operative terms
Hforeign principal" and "agent of a foreign principal," require regis-
tration by those defined as agents, and provide certain broad exemp-
tions from the act. The term "foreign principal" is broadly defined
to include not merely foreign governments and foreign political parties
but also, with certain minor exceptions;' aU individuals, groups of
individuals, or corporations located outside the Uniteq States.a "Agent
1 As amended, 56 Stat. 249 (194:2), as amended, :22 U.S.C. §§ 6U-2I (1958), as
amended, 22 U.S.C. §§ 6U-I3 (Supp. Vt 1964).
2 S. ZI36, 88th Cong.• ,d Sess. (1964) (as reported with, committee amend-
ments) [hereina.fter cited as S. 2136]. The bill,.-vas passed by voice vote with a minor
amendment on July 6, 1964- See IIO CONGo R:ec. 15485, 1549~ (daily ed. July 6,
1964). Since the bill was not passed in the House before the e,nd of the session, it
has. of (OUfse. no letdslative force.

of3 9/12/20103:29 AM
UllllCU ;:)Ul.lt:S ,"-~Ue: tsrowse lIUes Page http://frwebgate.access.gpo.gov/cgi-binJusc.cgi?ACTlON=BROWSE. ..

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DA.TABASE FEATURES
• U.S. Code Main Page Home Page > Legislative Branch> United States Code

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TITLE 22--FOREIGN RELATIONS AND
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Sec. 601. Repealed. June 25,1948, ch. 645, Sec. 21, 62 Stat. 862, eff.
• Statutes at Large Sept. 1, 1948

ABOUT GOVERNMENT SUBCHAPTER II··REGISTRATION OF FOREIGN PROPAGANDISTS

Ben's Guide
to U.S. Sec. 611. Definitions

Sec. 612. Registration statement

Sec. 613. Exemptions

Sec. 614. Filing and labeling of political propaganda

Sec. 615. Books and records

Sec. 616. Public examination of official records; transmittal of records and

information

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ofl 911212010 3:28 AM

rorelgn Agents Registration Unit (FARA) http://www .justice.gov/criminal/fara!

.Foreign Agents Registration Act •

The Foreign Agents Registration Act (FARA) was enacted in 1938.
FARA is a disclosure statute that requires persons acting as agents
of foreign principals in a political or quasi-political capacity to make
FARA SEMI-ANNUAL REPORTS periodic public disclosure of their relationship with the foreign
CONGRESS principal, as well as activities, receipts and disbursements in support
FARA TECHNICAL FEEDBACK of those activities. Disclosure of the required information facilitates
evaluation by the government and the American people of the
FARA INDEX AND ACT (22 U.S.C. statements and activities of such persons in light of their function as
§ 611 ET SEQ.)
foreign agents. The FARA Registration Unit of the Counterespionage
FARA FEE SCHEDULE Section (CES) in the National Security Division (NSD) is responsible
RELATED STATUTES for the administration and enforcement of the Act.
FARAFAQ
Public information relating to the Foreign Agents Registration Act
CONT ACT FARA
(FARA) may be obtained in person at the FARA Registration Unit
NSD FOIA Public Office located at:
NSDHOME Department of
DOl HOME Justice
Registration Unit
1400 New York
Avenue, N.W.
1st Floor - Public
QUICK SEARCH NEW! Office
By Primary Registrant Suite 100
Washington, D.C.
By Short Form Registrant 20005
By Foreign Principal
Public Office
DOCUMENT SEARCH Research Monday - 11:00 a.m.-
Hours of Friday ·.3:00 p.m.
Operation:
Monday - 8:30 a.m. -
Filing Hours:
Friday 5:00 p.m.

I I
• FARA Forms
Choose the appropriate form by ,selecting a link below. •
Registration Statement ~ Short-Form Registration
r. :Statement
~r-S~u-p-p~le-m-e-n-t-a~I=St-a-te-m--e-nt----- ~~_~E~X=h=ib~i=t~A~______________
Amendment to Registration

•
ILaw links
I
•
of2 9112/20103:28 AM
rorelgn Agents Keglstration Unit (FARA) http://www.justice.gov/criminallfaral

• 22 U.S.C. § 611 et seq - United States Code

• Title 28 C.E.R. Part 5 - Judicial Administration

I I

Contact Us I Accessibility I A-Z Index I Site Map I Archive I Privacy Policy I .L&aill
Policies and Disclaimers
fQIA , For DOl Employees I Other Goyernment Resources I Office of the Inspector General
USA.gov I No FEAR Act

of2 9112/2010 3:28 AM

Department of Justice §5.1
in support thereof. The Commission 5.3 Filing of a registration statement.
may order the taking of additional evi- 5.4 Computation of time.
dence and may request the applicant 5.5 Registration fees.
5.100 Definition of terms.
and others to appear before it. The 5.200 Registration.
Commission may invite oral argument 5.201 Exhibits.
before it on such questions as it de- 5.202 Short form registration statement.
sires. 5.203 Supplemental statement.
5.204 Amendments. ,
§ 4.15 Certificate of Exemption. 5.205 Termination of registration.
The applicant, the Secretary and oth- 5.206 Language and wording of registration
statement.
ers to whom notice has been sent pur- 5.207 Incorporation by reference.
suant to §4.7 shall be served a copy of 5.208 Disclosure of foreign prinCipals.
the Commission's decision and order 5.209 Information relating to employees.
with respect to each application. When- 5.210 Amount of detail required in informa-
ever the Commission decision is that tion relating to registrant's activities
the application be granted, the Com- and expenditures.
mission shall issue a Certificate of Ex- 5.211 Sixty -day period to be covered in ini-
emption to the applicant. The Certifi- tial statement.
5.300 Burden of establishing availability of
cate of Exemption shall extend only to exemption.
the stated employment with the pro- 5.301 Exemption under sEjction 3(a) of the
spective employer named in the appli- Act.
cation. 5.302 Exemptions under sections 3(b) and (c)
of the Act,
§4.16 Rejection of application. 5,303 Exemption available to persons ac-
No application for a Certificate of credited to international organizations.
5,304 Exemptions under sections 3(d) and (e)
Exemption shall be accepted from any of the Act,
person whose application for a Certifi- 5.305 Exemption under section 3(f) of the
cate of Exemption has been withdrawn, Act.
deemed withdrawn due to failure to 5.30B Exemption under section 3(g) of the
remedy deficiencies in a timely man- Act.
ner, or denied by the Commission with- 5.307 Exemption under 3(h) of the Act,
in the preceding 12 months. 5.400 Filing of informational materials,
5.402 Labeling informational materials.
§ 4.17 Availability of decisions. 5.500 Maintenance of book'S and records.
5,501 Inspection of books and records,
The Commission's Decisions under 5,600 Public examination of records,
both Acts are available for examina- 5,601 Copies of records and information
tion in the Office of the U.S. Parole available.
Commission, 5550 Friendship Boule- 5,800 Ten-day filing requirement,
vard, Chevy Chase, Maryland 20815- 5.BOl Activity beyond lO-day period,
7286. Copies will be mailed upon writ- 5.1101 Copies of the Report of the Attorney
General.
ten request to the Office of General
Counsel, U.S. Parole Commission, at AUTHORITY: 2B U,S,C. 509, 510; Section 1, 56
the above address at a cost of ten cents Stat, 248, 257 (22 U.S.C. 620); title I, Pub, L,
per page. 102-395, 106 Stat, 1828, 1831 (22 U,S,C. 612
note),
(28 U.S.C. 509 and 510, 5 U.S.C. 301) SOURCE: Order No, 376-6'1, 32 FR 6362, Apr.
[44 FR 6890, Feb. 2. 1979, as amended at 46 FR 22, 1967, unless otherWise noted,
52354, Oct. 27, 1981]
§ 5.1 Administration and enforcement
PART 5-ADMINISTRATION AND of the Act.
ENFORCEMENT OF FOREIGN (a) The administration and enforce-
AGENTS REGISTRATION ACT OF ment of the Foreign Agents Registra-
1938, AS AMENDED tion Act of 1938. as amended (22 U.S,C,
611-621) (Act), subject to the general
Sec.
supervision and direction of the Attor-
5.1 Administration and enforcement of the ney General, is assigned to, and con-
Act. ducted, handled, and supervised by. the
5.2 Inquiries concerning application of the Assistant Attorney Gllneral for Na-
Act. tional Security, ,

213
§S.2 28 CFR Ch. I (7-1-07 Edition)
(b) The Assistant Attorney General (e) Contents. A review request shall be
for National Security is authorized to specific and contain in detail all rel-
prescribe such forms, in addition to or evant and material information bear-
in lieu of those specified in the regula- ing on the actual activity, course of
tions in this part, as may be necessary conduct, expenditure, receipt of money
to carry out the purposes of this part. or thing of value, or transaction for
(c) Copies of the Act, and of the rules, which review is requested. There is no
regulations, and forms prescribed pur- prescribed format for the request, but
suant to the Act, and information con- each request must inclu,de:
cerning the foregoing may be obtained (1) The identity(ies) of the agent(s)
upon request without charge from the and foreign principal(s) involved;
National Security Division, Depart- (2) The nature of the agent's activi-
ment of Justice, Washington, DC 20530. ties for or in the interest of the foreign
[Order No. 2865-2007, 72 FR 10068, Mar. 7. 2007] prinCipal;
(3) A copy of the eXisting or proposed
§ 5.2 Inquiries concerning application written contract with the foreign prin-
of the Act. cipal or a full description of the terms
(a) General. Any present or prospec- and conditions of each existing or pro-
tive agent of a foreign principal, or the posed oral agreement; and
agent's attorney, may request from the (4) The applicable statutory or regu-
Assistant Attorney General for Na- latory basis for the exer,nption or exclu-
tional Security a statement of the sion claimed. '
present enforcement intentions of the (f) Certification. If the requesting
Department of Justice under the Act party is an individual, the review re-
with respect to any presently con- quest must be signed by the prospec-
templated activity, course of conduct, tive or current agent, or, if the re-
expenditure, receipt of money or thing questing party is not an individual, the
of value, or transaction, and specifi- review request must be signed on be-
cally with respect to whether the same half of each requesting party by an of-
requires registration and disclosure ficer, a director, a person performing
pursuant to the Act, or is excluded the functions of an officer or a director
from coverage or exempted from reg- of, or an attorney for, the requesting
istration and disclosure under any pro- party. Each such person signing the re-
vision of the Act. view request must certlfy that the re-
(b) Anonymous, hypothetical, non- view request contains a true, correct
party and ex post facto review requests and complete disclosure with respect to
excluded. The entire transaction which the proposed conduct.
is the subject of the review request (g) Additional information. Each party
must be an actual, as opposed to hypo- shall provide any additional informa-
thetical, transaction and involve dis- tion or documents the National Secu-
closed, as opposed to anonymous, rity Division may thereafter request in
agents and principals. Review requests order to review a matter. Any informa-
must be submitted by a party to the tion furnished orally shall be con-
transaction or the party's attorney, firmed promptly in writing, signed by
and have no application to a party that the same person who signed the initial
does not join in the request. A review review request and ceJ'tified to be a
request may not involve only past con- true, correct and complete disclosure
duct. of the requested information.
(c) Fee. All requests for statements of (h) Outcomes. After submission of a
the Department's present enforcement review request, the National Security
intentions must be accompanied by a Division, in its discretion, may state
non-refundable filing fee submitted in its present enforcement intention
accordance with §5.5. under the Act with respect to the pro-
(d) Address. A review request must be posed conduct; may decline to state its
submitted in writing to the Assistant present enforcement intention; or, if
Attorney General for National Secu- circumstances warrant, may take such
rity, Department of Justice, Wash- other position or initiate such other
ington, DC 20530. action as it considers appropriate.
, Any

214