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Home Explore Cybersecurity at Michigan State University (MSU) After Extensive Links with Sex Offender Lawrence Gerard Nassar and Child Pornography - #Michael A. Ayele (a.k.a) W Department of Education (DoED) FOIA Request Case No.: 23 – 01164 – F

Cybersecurity at Michigan State University (MSU) After Extensive Links with Sex Offender Lawrence Gerard Nassar and Child Pornography - #Michael A. Ayele (a.k.a) W Department of Education (DoED) FOIA Request Case No.: 23 – 01164 – F

Published by Michael Ayele (W), 2023-04-17 08:34:11

Description: The Association for the Advancement of Civil Liberties (AACL) regrets the decision of Michigan State University (MSU) Interim President Teresa K. Woodruff to further perpetuate ambiguity on the discussions that were had [1] between MSU, the Department of Justice (DOJ) and the Department of Education (DoED) about sexual predator Lawrence Gerard Nassar; [2] between MSU, the DOJ and the DoED about the real possibility that Lawrence Gerard Nassar downloaded child-pornography content from the Internet using the Wi-Fi network of MSU; [3] the discussions that were had between MSU, the DOJ and the DoED about cybersecurity given the real possibility that Lawrence Gerard Nassar downloaded child-pornography content from the Internet using the Wi-Fi network of MSU; [4] between MSU and the DoED before the decision of the DoED to issue a $4.5 million fine against MSU; [5] between MSU and the DoED after the decision of the DoED to fine MSU $4.5 million…

Keywords: #Michael A. Ayele (a.k.a) W, #Cybersecurity at Michigan State University (MSU) Given Their Extensive Links With Sex-Offender Lawrence Gerard Nassar as well as Child-Pornography, #Health Insurance Portability & Accountability Act (HIPAA): The Association for the Advancement of Civil Liberties (AACL) Condemns Child-Pornography, #Health Insurance Portability & Accountability Act (HIPAA): The Association for the Advancement of Civil Liberties (AACL) Condemns the Sex-Abuse Perpetrated by Former Michigan State University (MSU) Employee Lawrence Gerard Nassar, #July 2021 Department of Justice (DOJ) Office of Inspector General (OIG) Investigation and Review of the Federal Bureau of Investigation’s Handling of Allegations of Sexual Abuse by Former USA Gymnastics Physician Lawrence Gerard Nassar, #Michigan State University Freedom of Information Act (FOIA) Request Case No.: 14723, #Department of Education (DoED) Freedom of Information Act (FOIA) Request Case No.: 23 – 01164 – F,#Health Insurance Portability & Accountability Act (HIPAA) ,#Health Insurance Portability & Accountability Act (HIPAA) at Michigan State University After Links With Child Pornography,#Health Insurance Portability & Accountability Act (HIPAA) at Michigan State University After Links With Pedophilia,#Health Insurance Portability & Accountability Act (HIPAA) After Extensive Links With Sex Offender Lawrence Gerard Nassar

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REQUEST FOR RECORDS 03/03/2023 Work Cited i Please be advised that I have previously disseminated a vast number of documents (obtained through records requests) using the means of various digital publishing platforms such as Anyflip.com, Archive.org, Calameo.com, Edocr.com, Fliphtml5.com, Issuu.com, Medium.com, Pubhtml5.com, Scribd.com, Speakerdeck.com, SlideServe.com and YouTube.com. These documents have been made available to the public at no financial expense to them. As a member of the media, I would like to take this opportunity to inform you that the records you disclose to me could be made available to the general public through the means I have mentioned above or other ones. On December 10th 2021, I have launched a website on Wordpress.com for the purpose of making the records previously disclosed to me by the U.S government further accessible to members of the general public interested in the activities of their elected and non- elected representatives. You can find out more about the recent publications of the Association for the Advancement of Civil Liberties (AACL) here.: https://michaelayeleaacl.wordpress.com/ ii The U.S Department of Justice (DOJ) Office of the Inspector General (OIG) initiated this investigation based on allegations that Federal Bureau of Investigation (FBI) employees in the FBI’s Indianapolis Field Office mishandled allegations of sexual abuse by former USA Gymnastics physician Lawrence Gerard Nassar. Nassar was employed as an Osteopathic Physician and Associate Professor at Michigan State University’s (MSU) Department of Family and Community Medicine, where he treated patients from 1996 to 2016. For most of that time, Nassar was also employed as the USA Gymnastic National Medical Coordinator and a treating physician for gymnasts. Among the places where Nassar treated athletes was at the USA Gymnastic National Team Training Center in Texas. In addition, Nassar worked in Michigan as the team physician for the Twistars USA Gymnastics Club at Holt High School. (…) In June 2015, following a USA Gymnastic internal investigation into allegations of sexual assault by Nassar against multiple gymnasts, USA Gymnastics President and Chief Executive Officer Stephen D. Penny, Jr., reported the allegations to the FBI’s Indianapolis Field Office. During the meeting, among other things, Penny described graphic information that three gymnasts (Gymnasts 1, 2, and 3) all of whom were minors at the time of the alleged sexual assaults, had provided to USA Gymnastics. Penny further informed the FBI that three athletes were available to be interviewed. Penny noted during the meeting that Nassar told USA Gymnastics that he was performing a legitimate medical procedure during his treatments of the gymnasts and denied sexually assaulting them. Further, Penny provided the FBI with a thumb drive containing PowerPoint slides and videos that Nassar had provided to USA Gymnastics of Nassar performing his purported medical techniques on athletes. Shortly after the meeting USA Gymnastics advised Nassar that he should no longer attend USA Gymnastics events, and Nassar retired from his USA Gymnastics position in September 2015. However, Nassar continued to maintain his positions at MSU, Twistars USA Gymnastics Club MICHAEL AYELE (A.K.A) W 10

REQUEST FOR RECORDS 03/03/2023 and Holt High School. Over the next 6 weeks, the Indianapolis Field Office conducted limited follow-up, which involved conducting a telephonic interview on September 2 of one of the three athletes, reviewing the thumb drive provided by Penny, and discussing the allegations with the U.S. Attorney’s Office (USAO) in the Southern District of Indiana and the FBI’s Detroit Field Office. The Indianapolis office did not formally document any of its investigative activity, including its July meeting with the USA Gymnastics and its September 2 telephonic interview of one of the victim gymnasts. The office also did not formally open an investigation or assessment of the matter. The only 2015 Indianapolis Field Office documentation located by the OIG consisted of five pages of handwritten notes taken by two of the FBI attendees at the July 2015 meeting with USA Gymnastics, threes pages of notes taken by two agents at the September 2 interview of one athlete, a handful of email exchanges between Penny and the FBI Indianapolis Field Office, and approximately 45 emails and text messages among agents and prosecutors. In September 2015, following the September 2 interview of the victim gymnast, the Indianapolis Field Office, as well as the USAO for the Southern District of Indiana, concluded that there was no venue in Indianapolis since Indianapolis had no connection to any of the alleged illegal activity. Further both offices had serious questions as to whether the allegations against Nassar were sufficient to support federal jurisdiction. Yet, the Indianapolis Field Office did not advise state or local authorities about the allegations and did not take any action to mitigate the risk to gymnasts that Nassar continued to treat. Instead, the Indianapolis agents and Assistant U.S. Attorney (AUSA) determined that, if the FBI had jurisdiction, venue would like be most appropriate in the Western District of Michigan and the FBI’s Lansing Resident Agency, where MSU is located and where Nassar treated patients. Accordingly, the AUSA advised the Indianapolis Field office on September 2 to transfer the case to the FBI’s Lansing Resident Agency. However, the Indianapolis Field Office failed to do so, despite informing USA Gymnastics on September 4 that it had transferred the matter to the FBI’s Detroit Field Office (of which the FBI’s Lansing Resident Agency is a part). (…) After 8 months of FBI inactivity, USA Gymnastics officials contacted the FBI’s Los Angeles Field Office and met with that office in May 2016 to report the same allegations concerning Nassar that it had provided to the Indianapolis Field Office in July 2015. The Los Angeles field office then contacted a Supervisory Special Agent (SSA) in the Indianapolis Field Office (Indianapolis SSA) to learn what the Indianapolis office had done in response to the USA Gymnastics complaint. The Indianapolis SSA told the Los Angeles SSA that he had created a formal FBI complaint form (FD-71) in 2015 to transfer the Nassar allegations from the Indianapolis office to the Lansing Resident Agency; however, the Los Angeles Field office, the Indianapolis SSA, and other FBI employees stated that they searched for the FS-71 in the FBI’s computer system but could not find it. The OIG also found no evidence that such a document had been sent to the Lansing Resident Agency in 2015. Following its May 2016 meeting with USA Gymnastics, the Los Angeles Field office, in contrast to the Indianapolis Field Office, opened a federal sexual tourism investigation against Nassar and undertook numerous investigative steps, including interviewing several of Nassar’s alleged victims. However, like Indianapolis Field Office, the Los Angeles FMielIdCHOAfEfiLcAeYdEiLdE n(Ao.tKr.Aea) cWh ou1t1

REQUEST FOR RECORDS 03/03/2023 to any state or local authorities, even though it was aware of allegations that Nassar may have violated state laws and was unsure whether the evidence would support any federal criminal charges, and did not take any action to mitigate the risk to gymnasts that Nassar continued to treat. (…) In August 2016, the Michigan State University Police Department (MSUPD) received a separate complaint from a gymnast who stated that she was sexually assaulted by Nassar when she was 16 years old. Two weeks later, the Indianapolis Star ran a news story describing sexual assault allegations against Nassar by former gymnasts. The MSUPD then received similar sexual abuse complaints against Nassar from dozens for additional young females, and on September 20, 2016, the MSUPS executed a search warrant and Nassar’s residence and discovered child pornography. As a result of the news stories and MSUPD investigative activity, the FBI’s Lansing Resident Agency first learned of the Nassar allegations and opened its Nassar investigation on October 5, 2016 (neither the FBI’s Indianapolis Field Office not the FBI’s Los Angeles Field Office had previously informed the Lansing Resident Agency of the Nassar allegations). The Lansing Resident Agency ultimately discovered over 30,000 images of child pornography on the devices seized by the MSUPD during its search of Nassar’s residence. The September 2016 news reports and MSUPD investigative activity also resulted in Nassar being removed from his positions at MSU, Twistars USA Gymnastics Club, and Holt High School. According to civil court documents, approximately 70 or more young athletes were allegedly sexually abused by Nassar under the guise of medical treatment between July 2015, when USA Gymnastics first reported allegations about Nassar to the Indianapolis Field office, and September 2016. For many of the approximately 70 or more athletes, the abuse by Nassar began before the FBI first became aware of allegations against Nassar and continues into 2016. For others, the alleged abused began after USA Gymnastics reported the Nassar allegations to the Indianapolis Field Office in July 2015. (…) Nassar was arrested and charged by the Michigan Attorney General in November 2016 with multiple counts of criminal sexual conduct related to his sexual assault of gymnasts. In December 2016, the FBI arrested Nassar on federal possession of child pornography charges related to the images seized during the search of his residence. Nassar was not charged with child sexual tourism, the federal offense that the Indianapolis Field Office had considered and the los Angeles Field Office had investigated. In July 2017, Nassar pleased guilty to Receipt and Attempted Receipt of Child Pornography, Possession of Child Pornography, and Destruction and Concealment of Records and Tangible Objected, and he was sentenced to 60 years in federal prison in December 2017. In November 2017, Nassar pleaded guilty in Michigan state courts to seven counts of First Degree Criminal Sexual Conduct, and an addendum to the plea agreement indicated that there were 115 alleged victims. In January 2018, Nassar was sentenced to 40 to 175 years in Michigan state prison. In February 2018, after pleading guilty to 3 additional counts of criminal sexual conduct, Nassar was sentenced in Michigan state courts to an additional 40 to 125 years in prison. (…) MICHAEL AYELE (A.K.A) W 12

REQUEST FOR RECORDS 03/03/2023 In early 2017, reporters questioned FBI and USA Gymnastics officials about the time that elapsed between when USA Gymnastics first reported the sexual assault allegations to the FBI in June 2015 and the MSUPD search of his residence in September 2016. These inquiries prompted Indianapolis Field Office Special Agent in Charge (SAC) W. Jay Abbott to propose that the FBI release a statement indicating that the FBI had expeditiously responded to the Nassar allegation (the FBI did not issue the statement) and resulted in FBI headquarters drafting a white paper (relying on Indianapolis Field Office information) that was intended to summarize the FBI’s handling of the Nassar allegations but omitted information about the FBI’s failure to timely interview the victim gymnasts. These 2017 press questions also resulted in FBI officials discussing the Indianapolis Field Office’s receipt of the Nassar allegations and investigative steps taken in 2015, which the Indianapolis SSA described in an electronic communication (EC) that he drafted February 1, 2017. The EC includes a claim that the Indianapolis SSA had drafted an FD – 71 report and sent it to the Lansing Resident Agency in 2015, “but to date [it] cannot be located.” Additionally, on February 2, the Indianapolis SSA drafter an interview summary (FD – 302) of the one gymnast interview he had conducted 17 months earlier in September 2015. In drafting the FD – 302, the Indianapolis SSA used only his one page of limited notes and memory and did not consult with his FBI co-interviewer or review her notes. The FD – 302 includes statements purportedly made by the gymnast during her Indianapolis interview that she later told the OIG she did not make, that are not contained in the Indianapolis SSA’s notes, that the co-interviewer did not recall the gymnast making, and that conflict with statements the gymnast made during her Los Angeles Field Office interview in 2016 and USA Gymnastics interview in 2015. Similar questions in early 2018 about the timeliness of the FBI’s handling of the Nassar allegations resulted in Abbott (who had recently retired from the FBI) providing a report with an inaccurate statement that claimed, among other things, that “there was no delay by the FBI on this matter” and that the Indianapolis Field Office had provided a “detailed report” to both the FBI Detroit and Los Angeles Field Offices. Further, these inquiries resulted in an official with the Indianapolis Field Office proposing factually inaccurate charges to the white paper created in 2017 that sought to place blame on others for the Indianapolis Field Office’s failures. (…) During the course of the OIG investigation, we learned that in the fall of 2015, after the Indianapolis Field Office decided to refer the Nassar allegations to the FBI’s Lansing Resident Agency but while the matter was still pending at the FBI, Abbott met with Penny at a bar and discussed a potential job opportunity with the U.S Olympic Committee. Thereafter, Abbott engaged with Penny about both his interest in the U.S Olympic Committee position and the Nassar investigation, while at the same time participating in discussions at the FBI related to the Nassar investigation. These discussions included Penny expressing concern to Abbott about how USA Gymnastics was being portrayed in the media and whether Penny might be “in trouble” about Abbott proposing to his colleagues an FBI public statement that would place USA Gymnastics in a positive light. At the same time, Abbott was aware that Penny appeared to be willing to put in a good word on Abbott’s behalf. Abbott applied for the U.S Olympic Committee position in 2017 but was not selected. Despite evidence confirming that Abbott had applied for the job, Abbott denied to the OIG during the two interviews that he had applied for the position and told the OIG that applying for the job would have presented a conflict of interest. (…) MICHAEL AYELE (A.K.A) W 13

REQUEST FOR RECORDS 03/03/2023 The OIG found that, despite the extraordinarily serious nature of the allegations and the possibility that Nassar’s conduct could be continuing, senior officials in the FBI Indianapolis Field Office failed to respond to the Nassar allegations with the utmost seriousness and urgency that they deserved and required, made numerous and fundamental errors when they did respond to them, and violated multiple FBI policies. The Indianapolis Field Office did not undertake any investigative activity until September 2 – 5 weeks after the meeting with USA Gymnastics – when they telephonically interviewed one of the three athletes. Further, FBI Indianapolis never interviewed the other two gymnasts who they were told were available to meet with FBI investigators. (...) This absence of any serious investigative activity was compounded when the Indianapolis Field Office did not transfer the matter to the FBI office (the Lansing Resident Agency), where venue most likely would have existed had evidence been developed to support the potential federal crimes being considered, even though the Indianapolis office had been advised to do so by the USAO and had told the USA Gymnastics that the transfer had occurred. Additionally, the Indianapolis office did not notify state or local authorities of the sexual assault allegations even though it questioned whether there was federal jurisdiction to pursue them. As a result, the Lansing Resident Agency dd not learn of the Nassar allegations until over a year after they were first reported to the FBI and then learned of them only from the MSUPD. Moreover, the FBI conducted no investigative activity in the matter for more than 8 months following the September 2015 interview. During that period of time, as alleged and detailed in numerous civil complaints, Nassar’s sexual assaults continued. Further, when the FBI’s handling of the Nassar matter came under scrutiny from the public, Congress, the media, and FBI headquarters in 2017 and 2018, Indianapolis officials did not take responsibility for their failures. Instead, they provided incomplete and inaccurate information in response to FBI internal inquiries (and Abbott, after he retired, provided inaccurate information to the media) to make it appear that the Indianapolis office had been diligent in its follow-up efforts and the did so, in part, by blaming others for their own failures. The OIG identified multiple failures and policy violations by the Indianapolis Field Office in connection with its handling of the Nassar allegations. Among other things, the OIG found that the Indianapolis Field Office did not properly document the July 2015 meeting with USA Gymnastics, the Indianapolis SSA failed to properly handle and document receipt of and review of the thumb drive provided by USA Gymnastics during the July 2015 meeting, the Indianapolis SSA did not document the September 2015 victim interview alleging criminal sexual assault by Nassar in an FD – 302 report until 17 months after the interview occurred, the FD – 302 of the September 2015 victim interview that was drafted by the Indianapolis SSA in February 2017 included materially false information and omitted material information, and the FBI Indianapolis Field Office did not coordinate with state or local authorities although it believed that the allegations it received likely did not fall within federal jurisdiction. In addition, although the Indianapolis SSA told the OIG that he completed and forwarded an FD – 71 complaint form in the FBI’s electronic case management system to the FBI’s Lansing Resident Agency, we determined that an FD – 71 form never reached the Lansing Resident Agency and the Indianapolis SSA, the FBI Inspection Division, and other FBI emploMyIeCeHsAsEtLatAeYdEtLhEe(yA.cKo.Au)ldWnot14

REQUEST FOR RECORDS 03/03/2023 find an FD – 71 in the FBI’s case management system or elsewhere. The OIG also found that, while the FBI Los Angeles Field Office appreciated the utmost seriousness of the Nassar allegations and took numerous investigative steps upon learning of them in May 2016, the office did not expeditiously notify local law enforcement or the FBI Lansing Resident Agency of the information that it had learned or take other action to mitigate the ongoing danger that Nassar posed. Indeed, precisely because of its investigative activity, the Los Angeles Field office was aware from interviewing multiple witnesses that Nassar’s abuse was potentially widespread and that there were specific allegations of sexual assault against him for his actions while at the Karolyi Training Camp (also known as the Karolyi Ranch) in Huntsville, Texas. Yet, the Los Angeles Field office did not contact the Sheriff’s Office in Walker County, Texas to provide it with the information that it had developed until after the MSUPD had taken action against Nassar in September 2016. Nor did it have any contact with the FBI Lansing Resident Agency until after the Lansing Resident Agency first learned about the Nassar allegations from the MSUPD and public news reporting. Given the continuing threat posed by Nassar, the uncertainty over whether the Los Angeles Field Office had venue over the allegations, and the doubt that there was even federal jurisdiction to charge the sexual tourism crime that the Los Angeles Field Office was seeking to pursue, we found that prudence and sound judgment dictated that the Los Angeles Field Office should have notified local authorities upon developing the serious evidence of sexual assault against Nassar that its investigative actions were uncovering. In addition, we concluded that the Indianapolis SSA, in an effort to minimize or excuse his errors, made false statements during two OIG-compelled interviews regarding his interviews of one of Nassar’s victims. Similarly, we found that Abbott, in an effort to minimize or excuse his own and his office’s actions, falsely asserted in two separate OIG interviews that he communicated with both the Detroit SAC and the Los Angeles SAC about the Nassar allegations and sent ECs to both field offices in the fall of 2015. We found no evidence to support these claims. Separately, the OIG found that Abbott violated the FBI’s conflict of interest policy by meeting with Penny to discuss the U.S Olympic Committee Job and later communicating with Penny to discuss the job opportunity in the midst of the other communications and the proposed FBI public statement described above. We further found that, under federal ethics regulations, Abbott exercised extremely poor judgment by failing to consult with a designated agency ethics official regarding his ongoing involvement in Nassar investigation discussions at the same time he was seeking Penny’s help and guidance about a U.S Olympic Committee job opportunity. Abbott should have known – and in fact did know according to the evidence we found – that his actions would raise a question regarding his impartiality. We further concluded that Abbott made false statement to the OIG about the job discussion, his application for the position, and his handling of the Nassar allegations. The Department declined prosecution of Abbott and the Indianapolis SSA in September 2020. Just prior to and following these declinations, the OIG was able to compel interviews of the Indianapolis SSA and several other FBI witnesses who had declined voluntary interviews and who we were previously unable to compel to participate in interviewMsICdHuAeEtLoAthYEeLoEn(gAo.Ki.nAg) W 15

REQUEST FOR RECORDS 03/03/2023 criminal investigation and their Fifth Amendment privilege against self-incrimination. Following these interviews, we were able to complete our administrative investigation. In addition, on May 14, 2021, the Department notified the OIG that it was not opening a new matter to investigate whether the Indianapolis SSA made false statements during his compelled OIG interviews. During our investigation, the OIG reviewed thousands of documents and interviewed more than 60 witnesses, several on more than one occasion. These included Penny, several victims of Nassar’s abuse and their parents, employees of three USAOs, and numerous current and former FBI employees. A Special Agent from the Lansing Resident Agency (the Lansing SA) retired from the FBI in December 2018 and declined to be interviewed. In addition, Penny declined to participate in a second voluntary OIG interview and instead had his attorneys provide a proffer to the OIG. The OIG lacks testimonial subpoena authority over non-DOJ employees and therefore was unable to compel interviews of the Lansing SA and Penny. Abbott retired from the FBI in January 2018. The OIG has completed its investigation and is providing this report to the FBI for appropriate action. Unless otherwise noted, the OIG applies the preponderance of the evidence standard in determining whether DOJ personnel have committed misconduct. (…) The OIG makes four recommendations to improve the FBI’s processes to address the concerns we identified. Executive Summary of Investigation and Review of the Federal Bureau of Investigation’s Handling of Allegations of Sexual Abuse by Former USA Gymnastics Physician Lawrence Gerard Nassar.: https://oig.justice.gov/reports/investigation-and-review-federal- bureau-investigations-handling-allegations-sexual-abuse iii Senate Holds Hearing on FBI Handling Of Larry Nassar Investigation. NBC News.: https://www.youtube.com/watch?v=mtCw4iwuot8&t=13991s iv Conversation Between Senator Dianne Feinstein and the Department of Justice (DOJ) Office of the Inspector General (OIG) Michael Horowitz Question asked by Senator Dianne Feinstein: Mr. Horowitz, I am concerned that the FBI’s failures in this case maybe a symptom of a broader failure to treat cases of child sexual abuse with the seriousness and sensitivity that they deserve. According to the Centers Disease Control and Prevention (CDC), one in four girls and one in thirteen boys experience child sexual abuse during their childhood. (…) Have you seen other instances in which the FBI’s failure to properly investigate a case led to ongoing sexual misconduct or harm to children that could have been prevented? MICHAEL AYELE (A.K.A) W 16

REQUEST FOR RECORDS 03/03/2023 Answer provided by DOJ (OIG) Michael Horowitz: Senator, thank you. I agree with you on the significant importance of this. We didn’t do a broader look at this, but I will say, speaking to your point, what concerned me particularly here is that we actually had 2 (two) offices, who dealt with this matter. The DOJ (FBI) Indianapolis Field Office and the DOJ (FBI) Los Angeles Field Office. The DOJ (FBI) Indianapolis Field Office had basically all of the fundamental failures that you’ve heard about and we talked about and they didn’t tell the local and state law enforcements about Lawrence Gerrard Nassar. The DOJ (FBI) Los Angeles Field Office did open a case, actually did interview witnesses, did actually do follow-ups with some of the gymnasts, and yet, they also failed to report to state and local authorities. And so, you did have an office that took this seriously, but they also failed to contact state and local authorities. (…) The FBI policies before this made it clear that in these types of cases, state and local investigators are force multipliers. And yet, both the DOJ (FBI) Field Offices in Indianapolis and Los Angeles didn’t contact local and state authorities and that is concerning. Question asked by Senator Dianne Feinstein: And let me just for a moment engage you on that. You said a number of things in your statement. It is really important. Can this be put into any form of policy, which becomes operational procedure for the agency so that this Committee and others know that things are going to change based on what has happened in the recent past? Answer provided by DOJ (OIG) Michael Horowitz: The report makes clear that things do have to change. (…) What we all need to do is do the follow-up you were talking about. We’re going to do our independent oversight of how those recommendations have been implemented. We will follow up with that. I am happy to report back to the Committee on what we’ve seen, but steps do have to be taken because there does have to be record-keeping on the fact that something did occur and that may seem obvious although it can sound trivial at times. One of the damning findings in all of this is the lack of record keeping of the events that took place in 2015. There was an effort to document the events that took place in 2015 in 2017 but that was done falsely. See around the 2 hour 56 minutes mark the conversation between Senator Dianne Feinstein and DOJ (OIG) Michael Horowitz.: https://www.youtube.com/watch?v=mtCw4iwuot8 Conversation between Senator Amy Klobuchar and the Department of Justice (DOJ) Federal Bureau of Investigation (FBI) Director Christopher Wray Question asked by Senator Amy Klobuchar: In your view, what’s the most important step that the FBI is taking in response to the DOJ (OIG) July 2021 findings? Answer provided by DOJ (FBI) Director Christopher Wray: The biggest one is to ensure that there can’t be a single point of failure. There can’t be a single point of failure in terms of reporting to local/state law enforcement. There can’t be a single of point of failure in terms of transferring cases between field offices. There can’t be a single point of failure in terms of making decisions about responding with the appropriate urgency when allegations come in. We’re amplifying that through policy, procedure changes, additional checks and safeguards and training and some fairly tough talk between me and the top 600 (sixMhIuCnHdArEeLdA)YpEeLoEp(lAe.Kin.At)hWe FB1I7.

REQUEST FOR RECORDS 03/03/2023 Question asked by Senator Amy Klobuchar: What steps are you taking to ensure that FBI agents are communicating allegations of sexual assault with local/state law enforcements? Answer provided by DOJ (FBI) Director Christopher Wray: So, we’ve enhanced our policies and procedures on specific issues of law enforcement. Now, they have to document it even though they didn’t have to do so before and that builds in an ability to hold them accountable. They have to alert their supervisors so that there is a second set of eyes. We’ve also enhanced our training and made sure it’s mandatory and that’s regardless of whether there is some question about federal jurisdiction. We can continue to investigate if we believe that there is federal jurisdiction, but we have on a parallel track initiate contact with local/state enforcement and in some circumstances social service agencies. See around the 3 hour 15 minutes mark the conversation between Senator Amy Klobuchar and DOJ (FBI) Director Christopher Wray.: https://www.youtube.com/watch?v=mtCw4iwuot8 v Michigan State University will pay a historic $4.5 million fine to the U.S Department of Education after fumbling its response to the sexual abuse of hundreds of athletes by former team doctor Larry Nassar. The Education Department’s sanctions are the latest development in one of the most massive sexual abuse scandals in higher education. The university, facing a torrent of lawsuits accusing officials of disregarding sexual assault by Nassar, reached a $500 million settlement last year with more than 300 of his victims who attended Michigan State. (…) Michigan State entered into two agreements with the Education Department, the agency announced on Thursday, ending its probes into the university’s breaches of Clery and Title IX of the Education Amendments of 1972, the federal law banning sex discrimination and sexual violence on college campuses. One of those resolutions dictates the university will investigate – and possibly punish – employees who may have known about the sexual abuse on campus and Nassar’s misconduct, including Youatt and Simon. These discriplinary measures could range from the revocation of tenure or honorary or other titles to prohibition from the university grounds to the removal of employment benefits or pay reductions. The department found Michigan State officials had not addressed Strampel’s alleged sexual harassment. Youatt for years ignored continual reports of Strampel routinely making sexist and inappropriate comments and sexual references around students and others, according to the department’s findings. In one case, Strampel reportedly told a story about having sex with underage women while at a conference in Thailand but brushed the accusation off during his employee review with Youatt in 2015, saying he had never been to the country. A Record Fine for Underreporting Sex Crimes. Inside Higher Ed.: https://www.insidehighered.com/news/2019/09/06/education-department-fines-michigan-state- 45-million-not-reporting-nassar-crimes MICHAEL AYELE (A.K.A) W 18

REQUEST FOR RECORDS 03/03/2023 vi I was named as “Gymnast 2” in the Department of Justice (DOJ) Office of the Inspector General (OIG) report and I was previously identified as “Athlete A” by USA Gymnastics. I want everyone to know that this didn’t happen to “Gymnast 2” or “Athlete A.” It happened to me: Maggie Nichols. I started gymnastics when I was 3 (three) and since I was a child, I always had a dream of competing for my country and the world championship in Olympic games. I was an elite level gymnast by the age of 13 (thirteen) and by the time I was 14 (fourteen), I made the national team. I travelled internationally for 4 (four) years attending competitions and in 2015 at the World Championship, I represented the USA and won a gold medal. My Olympic dream ended in the summer of 2015 when my coach and I reported the abuses of Larry Nassar to USA Gymnastics leadership. (…) I am haunted by the fact that even after I reported my abuse, so many women and girls had to suffer at the hand of Larry Nassar. (…) The cover up of my abuse and the failure of the FBI to interview me for more than a year after my complaint are well- documented in the OIG report. (…) Still, important questions remain. Why would the FBI agents lie to OIG? Why would the FBI not properly document evidence that was received? Why would the FBI be interested in the USA Gymnastics presidency? Maggie Nichols gives opening statement in Senate review of Nassar case. ABC News.: https://www.youtube.com/watch?v=nKOIGyJBvcI vii Over the past few years, it has become painfully clear how a survivor’s healing if affected by the handling of their abuse and it disgusts me how we are fighting for the most basic answers and accountability 6 (six) years later. In 2015, it was known that at least 6 national team athletes had been abused by Nassar. One of the athletes was even abused on film. Given these abusers unfettered access to children, stopping Lawrence Gerard Nassar should have been a priority. Instead the following occurred. The FBI failed to interview pertinent parties in a timely manner. It took over 14 months for the FBI to contact me despite my many requests to be interviewed by them. (…) On the day of my interview, Stephen Penny flew to the Olympic training center and he made sure I was aware he was there. I felt pressured by the FBI to consent to Nassar’s plea deal. The FBI agent diminished the significance of my abuse and made me feel as though my criminal case was not worth pursuing. Aly Raisman gives opening statement in Senate review of Nassar case. ABC News.: https://www.youtube.com/watch?v=zJQUQHCs4mM viii As most of you are probably aware, I was molested by the U.S Gymnastics national team and Olympic team doctor Larry Nassar. In actuality, he turned out to be more of a pedophile than he was a doctor. What I am trying to bring to your attention today is something extremely disturbing and illegal. After telling my story of abuse to the FBI in the summer of 2015, not only did the FBI not report my abuse but they eventually documented my abuse 17 (seventeen) months later. And they made entirely false claims about what I have said. After reading the OIG report, I was shocked and deeply disappointed about this narrative they chose to fabricate. They chose to lie about what I have said and they chose to protect a serial child-molester. (…) My story is one in which special agent in charge (SAC) J. Abbott and his subordinates did not want you to hear and it’s time that I tell you. In the summer of 2015, I was scheduled to speak to the FBI about my abuse with Larry Nassar over the phone. I was too sick to go meet with anyone in person and MICHAEL AYELE (A.K.A) W 19

REQUEST FOR RECORDS 03/03/2023 talking about this abuse would give me PTSD for days, but I chose to speak about it to try to make a difference and protect others. I remember sitting on my bedroom floor for nearly 3 (three) hours as I told them what happened to me. (…) I told them about the sport of gymnastics and how you make the national team and how I met Larry Nassar when I was 13 (thirteen) years old at a Texas camp. I told them how the 1st (first) thing Larry Nassar said to me was to change into shorts with no underwear because that would make it easier for him to “work” on me. And within minutes, he had his finger in my vagina. The FBI then asked: “Did he insert his finger into your rectum?” I said: “No, he never did.” They asked if he used gloves. I said: “No, he never did.” They asked if his treatment ever helped me. I said: “No, it never did.” His treatment was 100% abuse and never gave me any relief. I then told the FBI about Tokyo: the day he gave me a sleeping pill for the plane ride to then work on me later that night. That evening, I was naked and completely alone with him on top of me molesting me for hours. I told them: “I thought I was going to die that night because there was no way he would let me go.” But he did. I told them I walked the halls of Tokyo hotels at 2:00 A.M at only 15 (fifteen) years old. I began crying at the memory over the phone and there was just dead silence. I was so shocked by the agents silence and disregard for my trauma. After that minute of silence, he asked: “Is that all?” Those words in themselves was one of the worst moments in this entire process. To have my abuse minimized and completely disregarded by the people who were supposed to protect me just to feel like my abuse was not enough. But the truth is, my abuse was enough. And they wanted to cover it up. USA Gymnastics in concert with the FBI and the Olympics Committee were working to conceal that Larry Nassar was a predator. I then proceeded to tell them about London and how he signed me up last on his sheet so that he could molest me for hours twice a day. I told them how he molested me right before I won my team’s gold medal and how he gave me presents…I even sent them screenshots of Nassar last text to me, which was: “McKayla, I love how you see the world with rose colored glasses. I hope you continue to do so.” This was very clear cookie cutter pedophilia and abuse. And they chose to falsify my report and to not only minimize my abuse, but silence me yet again. I thought that given the severity of the situation, they would act quickly to protect other girls, but instead it took them 14 (fourteen) months to report anything when Larry Nassar, in my opinion, should have been in jail that day. (…) Let’s be honest: by not taking immediate action from my report, they allowed a child molester to go free for more than a year and this inaction directly allowed Nassar’s abuse to continue. What is the point of reporting abuse if FBI agents are going to bury that report in a drawer? (…) If they are not going to protect me, I want to know who they are trying to protect. McKayla Maroney Testifies At Hearing on Handling of Larry Nassar Investigation. MSNBC.: https://www.youtube.com/watch?v=wS6FwWN0Nzs ix Conversation between Senator Mazie Hirono and DOJ (FBI) Director Christopher Wray Question asked by Senator Mazie Hirono: That’s the thing about this training. You don’t really change hearts and minds after having someone take this training. (…) Is it your expectation that the training you provide will ensure that FBI agents will not follow in the footsteps of Michael Langeman and Jay Abbott when dealing with sexual assault survivors? MICHAEL AYELE (A.K.A) W 20

REQUEST FOR RECORDS 03/03/2023 Answer provided by the DOJ (FBI) Director Christopher Wray: It’s certainly my expectation that people will not display the mindset such as the one that’s been described in this report. The training is an important part of it but it’s not the only part of it. (…) Senator Mazie Hirono: I just want to make sure that training is actually sinking in. (…) One of the witnesses spoke about the “normalization of abuse.” And when she said that, it really struck me that was what was going on in their lives and experiences. See around the 3 hour and 35 minutes mark the conversation between Senator Mazie Hirono and DOJ (FBI) Director Christopher Wray: https://www.youtube.com/watch?v=mtCw4iwuot8 x An FBI agent accused of failing to properly investigate USA Gymnastics doctor Larry Nassar has been fired by the agency, NBC News confirmed. The firing of the agent, Michael Langeman, came after a Justice Department inspector general report released in July criticized him and his boss, agent in charge Jay Abbott, for their handling of the case. It said they failed to respond to allegation by gymnasts that they had been sexually abused by Nassar “with the urgency that the allegations required.” Langeman was a supervisory special agent in the FBI’s Indianapolis field office when he interviewed Olympic medalist McKayla Maroney in 2015 about her allegations of abuse by Nassar. The inspector general’s office report said that he and Abbott lied to investigators from the inspector general’s office about their actions and they never officially opened an investigation. When the report was released (…), Langeman was no longer acting as an FBI agent, federal law enforcement sources said. An agent cannot be fired while an inspector general investigation is pending, and the probe lasted three years. Abbott retired several years ago. FBI Fires Agent Accused of Failing to Investigate Nassar Sex-Abuse Allegations. NBC News.: https://www.nbcnews.com/politics/justice-department/fbi-fires-agent-accused-failing- investigate-nassar-sex-abuse-allegations-n1279223 xi Conversation between Senator Richard Blumenthal and DOJ (FBI) Director Christopher Wray Question asked by Senator Richard Blumenthal: There’s no statute of limitations here that would preclude an investigation or a prosecution for conspiracy, right? Answer provided by DOJ (FBI) Christopher Wray: I’m not aware of any statute of limitations problems here. Question asked by Senator Richard Blumenthal: I call on you to open an investigation here for potential false statements and conspiracy. (…) I recognize that you may not have the authority to prosecute but you do have the authority to investigate. Answer provided by DOJ (FBI) Christopher Wray: There’s an agreement in place between the DOJ (FBI) and the DOJ (OIG) for circumstances such as this one. (…) Ultimately, I think it’d be MICHAEL AYELE (A.K.A) W 21

REQUEST FOR RECORDS 03/03/2023 better if an outside independent agency investigated the criminal wrongdoings of the DOJ (FBI) agents. See around the 3 hour 27 minutes mark the conversation between Senator Richard Blumenthal and DOJ (FBI) Director Wray: https://www.youtube.com/watch?v=mtCw4iwuot8 The Justice Department said (…) it would not bring charges against two former FBI agents accused of failing to properly investigate USA Gymnastics doctor Larry Nassar after a “careful re-review” of evidence. The agency said in a news release that it stands by a previous decision not to pursue a criminal case against Michael Langeman and his now-retired boss, W. Jay Abbott, the agent in charge of the FBI Indianapolis field office. “This decision comes after multiple reviews and analyses of evidence gathered in the investigation of the former agents, and reflects the recommendation of experienced prosecutors,” the Justice Department said. “This does not in any way reflect a view that the investigation of Nassar was handled as it should have been, nor in any way reflect approval or disregard of the conduct of the former agents.” The lead attorney representing victims in the Nassar case, John Manly, responded by blasting the Justice Department and Attorney General Merrick Garland for what he called a “complete failure” to charge the agents who “violated their oaths of office and colluded in the cover-up of the worst sexual assault scandal in the history of sports.” The decision also sparked bipartisan outrage on Capitol Hill. “This decision is infuriating. FBI agents who knew of Larry Nassar’s abuse, did nothing, and then lied about it will face no legal consequences for their actions,” Sens. Richard Blumenthal, D-Conn., and Jerry Moran, R-Kan., said in a joint statement. “Our frustrations are compounded by the fact that the Department has provided no public explanation for this decision,” they added. “As we have noted before, the Justice Manual authorizes a case- closing letter explaining the Department’s decision making in similar situation, especially where law enforcement officers are accused of misconduct or criminal behavior. This case certainly qualifies for such treatment.” DOJ Again Declines to Charge former FBI Agents in Nassar Case After New Review. NBC News.: https://www.nbcnews.com/politics/justice-department/doj- declines-charge-former-fbi-agents-nassar-case-new-review-rcna30782 xii An assistant FBI director retired after he was accused of drunkenly groping a female subordinate in a stairwell. Another senior FBI official left after he was found to have sexually harassed eight employees. Yet another high-ranking FBI agent retired after he was accused of blackmailing a young employee into sexual encounters. An Associated Press investigation has identified at least six sexual misconduct allegations involving senior FBI officials (…) by women who say they were sexually assaulted by ranking agents. Each of the accused FBI officials appears to have avoided discipline, the AP found, and several were quietly transferred or retired, keeping their full pensions and benefits even when probes substantiated the sexual misconduct claims against them. Beyond that, federal law enforcement officials are afforded anonymity even after the disciplinary process runs its course, allowMinIgCHthAeEmL AtoYElLaEn(dA.oKn.At)hWeir fe2e2t

REQUEST FOR RECORDS 03/03/2023 in the private sector or even remain in law enforcement. “They’re sweeping it under the rug,” said a former FBI analyst who alleges in a new federal lawsuit that a supervisory special agent licked her face and groped her at a colleague’s farewell party in 2017. She ended up leaving the FBI and has been diagnosed with post-traumatic stress disorder. “As the premier law enforcement organization that the FBI holds itself out to be, it’s very disheartening when they allow people they know are criminals to retire and pursue careers in law enforcement-related fields,” said the woman, who asked to be identified in this story only by her first name, Becky. (…) The recurring sexual misconduct has drawn the attention of Congress and advocacy groups, which have called for whistleblower protections for rank-and-file FBI employees and for an outside entity to review the bureau’s disciplinary cases. “They need a #MeToo moment,” said U.S. Rep. Jackie Speier, a California Democrat who has been critical of the treatment of women in the male dominated FBI. “It’s repugnant, and it underscores the fact that the FBI and many of our institutions are still good ol’-boy networks,” Speier said. “It doesn’t surprise me that, in terms of sexual assault and sexual harassment, they are still in the Dark Ages.” (…) The FBI, with more than 35,000 employees, keeps a notoriously tight lid on such allegations. The last time the Office of Inspector General did an extensive probe of sexual misconduct within the FBI, it tallied 343 “offenses” from fiscal years 2009 to 2012, including three instances of “videotaping undressed women without consent.” The latest claims come months after a 17th woman joined a federal lawsuit alleging systemic sexual harassment at the FBI’s training academic in Quantico, Virginia. That class-action case claims male FBI instructors made “sexually charged” comments about women needing to “take their birth control to control their moods,” inviting women trainees over to their homes and openly disparaging them. In one of the new lawsuits (…), a former FBI employee identified only as “Jane Doe” alleged a special agent in charge in 2016 retired without discipline and opened a law firm even after he “imprisoned, tortured, harassed, blackmailed, stalked and manipulated” her into having several “non-consensual sexual encounters,” including one in which he forced himself on her in a car. “Under the rug:” Sexual Misconduct Shakes FBI’s Senior Ranks. Associated Press.: https://apnews.com/article/fbi-sexual-misconduct-investigation- a0d33e4770acef8ff5f4a48f0267202c xiii Olympic gold medalist Simone Biles and dozens of other women who say they were sexually assaulted by Larry Nassar are seeking more than $1 billion from the FBI for failing to stop the sports doctor when the agency first received allegations against him lawyers said. (…) There’s no dispute that FBI agents in 2015 knew that Nassar was accused of assaulting gymnasts, but they failed to act, leaving him free to continue to target young women and girls for more than a year. He pleaded guilty in 2017 and is serving decades in prison. (…) Under federal law, a government agency has six months to respond to the tort claims filed Wednesday. Lawsuits could follows, depending on the FBI’s response. White noted the 2018 massacre at Florida’s Marjory Stoneman Douglas High School. The FBI received a tip about MICHAEL AYELE (A.K.A) W 23

REQUEST FOR RECORDS 03/03/2023 five weeks before 17 people were killed at the school, but the tip was never forwarded to the FBI’s South Florida office. The government agreed to pay $127.5 million to families of those killed or injured. The approximately 90 claimants include Biles, Aly Raisman and McKayla Maroney, all Olympic gold medalists. (…) Separately, 13 claims were filed by others in April. (…) “If the FBI had simply done its job, Nassar would have been stopped before he ever had the chance to abuse hundreds of girls, including me,” said former University of Michigan gymnast Samantha Roy. (…) In remarks to Congress last year, FBI Director Christopher Wray acknowledge major mistakes. “I’m especially sorry that there were people at the FBI who had their own chance to stop this monster back in 2015 and failed. And that’s inexcusable,” Wray told victims at a Senate hearing. At that same hearing, Biles, widely considered to be the greatest gymnast of all time, said an “entire system” enabled the abuse. Maloney recalled “dead silence” when she talked to FBI agents about Nassar. The Justice Department in May said that it would not pursue criminal charges against former agents who were accused of giving inaccurate or incomplete responses during the inspector general’s investigation. Olympic gymnasts sexually assaulted by Larry Nassar sue FBI for $1 billion. PBS.: https://www.pbs.org/newshour/nation/olympic-gymnasts- sexually-assaulted-by-larry-nasser-sue-fbi-for-1-billion xiv The Department of Justice (DOJ) Federal Bureau of Investigation (FBI) have disclosed limited records of Westminster College (Fulton, Missouri) August 29th 1986 invitation to then- Director William Webster. These records were disclosed by the FBI following a Freedom of Information Act (FOIA) request submitted by the Association for the Advancement of Civil Liberties (AACL) on or around October 12th 2021. It’s the 2nd (second) time the Department of Justice (DOJ) have referred the AACL to the National Archives Records Administration (NARA) on issues not unrelated to the rape and murder of Jeanne Ann Clery. The recent FBI disclosure show that Westminster College had extended an invitation to William Webster to “deliver the 1987 Commencement Address on Sunday, May 17, 1987 at 2:30 P.M.” The August 29th 1986 letter was signed by Westminster College former President J. Harvey Saunders. On October 31st 1986, William Webster accepted the invitation of Westminster College, acknowledging his formal and informal ties to Westminster College as well as Callaway County. Approximately 5 (five) Months After the April 05th 1986 Rape and Murder of Jeanne Ann Clery. Michael A. Ayele (a.k.a) W Official Website.: https://michaelayeleaacl.wordpress.com/2021/12/10/jeanne-clery-april-1986-and-michael-ayele- aacl-january-2010-in-review-affirtmative-and-effective-consent-in-question-title-ix-doj-fbi-cia- dhs-westminster-college-fulton-missouri-index/ xv The Central Intelligence Agency (CIA) have denied ever being contacted by the Federal Bureau of Investigation (FBI) on June 11th 1992 about the April 05th 1986 rape and murder of Jeanne Ann Clery. As you maybe aware, an invitation was extended by Westminster College MICHAEL AYELE (A.K.A) W 24

REQUEST FOR RECORDS 03/03/2023 (Fulton - Missouri) on August 29th 1986 to former FBI Director William Webster approximately 5 (five) months after the April 05th 1986 rape and murder of Jeanne Ann Clery. William Webster was Director of the CIA between 1987 and 1991 (according to public records). Anyways, the rape and murder of Jeanne Ann Clery continues to leave several key questions about Title IX of the Education Amendments Act of 1972 unaddressed. These questions include but are not limited to the following. 1) What are/were colleges/universities in the U.S.A obligations pursuant to Title IX of the Education Amendments Act of 1972? Were colleges/universities throughout the U.S.A required by law to denounce violence committed against women irrespective of their racial backgrounds, their sexual orientations, their religious affiliations and their national origins following the enactment of Title IX of the Education Amendments Act of 1972? If yes, were colleges/universities required to inform their students about what constitute appropriate sexual boundaries pursuant to Title IX of the Education Amendments Act of 1972? 2) Did colleges/universities throughout the U.S.A begin informing their students about what constitute “affirmative and effective consent” following the enactment of Title IX of the Education Amendments Act of 1972? If not, when did colleges/universities begin to inform their incoming freshmen/transfer students about the concepts of “affirmative and effective consent?” Did colleges/universities throughout the U.S.A begin teaching the concepts of “affirmative and effective consent” to their incoming freshmen/transfer students following the rape and murder of Jeanne Ann Clery (dated April 05th 1986)? If yes, why have colleges/universities throughout the U.S.A fixated on the rape and murder of this Caucasian woman by a Black/African American man to inform their incoming freshmen/transfer students about what constitutes “affirmative and effective consent?” 3) Are colleges/universities discussions pertaining to what constitutes “affirmative and effective consent” consistent with Title IX of the Education Amendments Act of 1972 if they are first informing their incoming/freshmen students about the rape and murder of Jeanne Ann Clery? Are colleges/universities discussions pertaining to what constitutes “affirmative and effective consent” consistent with their academic integrity policy if they are first informing their incoming freshmen/transfer students about the rape and murder of Jeanne Ann Clery? Conflicting Information About Jeanne Ann Clery & June 11th 1992. Michael Ayele (a.k.a) W on Archive.: https://archive.org/details/the-cia-deny-being-in-possession-of-records-pertaining-to-jeanne-ann- clery-contr xvi Excerpt of E-mail Sent by Michael A. Ayele (a.k.a) W to the Department of Education (DoED) on October 18th 2022 Hello, MICHAEL AYELE (A.K.A) W 25

REQUEST FOR RECORDS 03/03/2023 This is Michael A. Ayele sending this message though I now go by W. You may call me W. I am writing this letter in response to your correspondence from September 12th 2022 for the purpose of filing an appeal to the Freedom of Information Act (FOIA) request, which you had assigned Case No.: 21 – 02190 – F. Please be advised that I have several concerns with the adequacy of the search you have performed for my FOIA request. For instance, you have failed to acknowledge that the Department of Education (DoED) had sent me a letter on February 16th 2021 stating that the “San Francisco Office for Civil Rights (OCR) received the complaint” I had filed on that same day. Additionally, you have failed to acknowledge that the DoED “was evaluating [my] complaint to determine whether OCR will accept” the issues that formed the basis for my complaint “for investigation” on February 16th 2021. Furthermore, you have also failed to acknowledge that I had provided the DoED a signed Privacy Act Consent Form on (or around) February 18th 2021. As a Black man with a U.S college degree (who was in January 2010 informed what constitutes “affirmative and effective consent”), I was deeply vexed by your correspondence from September 12th 2022 for [1] pretending as if I haven’t filed a complaint on February 16th 2021 with the Department of Education (DoED); [2] engaging in a pattern that looked to me very much like a cover-up; [3] failing to make clear how the DoED “evaluates” complaints filed with them pursuant to the Jeanne Clery Act as well as Title IX of the Education Amendments Act of the 1972; [4] giving me the strong impression that the pain and suffering endured by Chanel Miller is worth less than that of Jeanne Ann Clery because she was not raped by a Black/African American man; [5] giving me the strong impression that the pain and suffering endured by Chanel Miller is worth less than that of Jeanne Ann Clery because she was not murdered after she had been raped on the campus of Stanford University (on or around January 17th 2015). As a representative of the media and a member of the general public, I hope you will perform a more thorough search for responsive records detailing [1] whether the DoED initiated contact with the San Francisco Office for Civil Rights (OCR) for the purpose of FOIA Request Case No.: 21 – 02190 – F; [2] the discussions between the DoED and the San Francisco Office for Civil Rights (OCR) about FOIA request Case No.: 21 – 02190 – F; [3] how the DoED “evaluates” complaints filed with them pursuant to the Jeanne Clery Act as well as Title IX of the Education Amendments Act of 1972; [4] your discussions about the pain and suffering endured by Chanel Miller being worth less than that of Jeanne Ann Clery because was not raped by a Black/African American man; [5] your discussions about the pain and suffering of Chanel Miller being worth less than that of Jeanne Ann Clery because she was not murdered after she had been raped on the campus of Stanford University (on or around January 17th 2015); [6] the standard definition in use by the DoED for what constitutes a \"cover-up.\" I hope you reconsider your response. Be well. Take care. Keep yourselves at arms distance. W (AACL) Michael A. Ayele Anti-Racist Human Rights Activist Audio-Visual Media Analyst Anti-Propaganda Journalist MICHAEL AYELE (A.K.A) W 26

REQUEST FOR RECORDS 03/03/2023 xvii As a matter of principle, the Association for the Advancement of Civil Liberties (AACL) unequivocally condemns violence committed against women irrespective of their racial backgrounds, their sexual orientations, their national origins, their religious affiliations and/or their disability status. For obvious reasons, the AACL was outraged by several aspects of the circumstances leading up to Brock Turner January 18th 2015 arrest as well as his ensuring trial and his June 01st 2016 sentencing. As you may be aware, Brock Turner was on March 30th 2016 found guilty on three felony counts: (1) assault with intent to commit rape of an intoxicated or unconscious woman (Chanel Miller), (2) sexual penetration of an intoxicated person (Chanel Miller), (3) sexual penetration of an unconscious person (Chanel Miller). Despite the very serious nature of the criminal charges he was facing following his January 18th 2015 arrest (and the March 30th 2016 conviction for those criminal charges), the Santa Clara County (California) Superior Judge, who was presiding the case of Brock Turner opted to sentence him to 6 (six) month in county jail followed by three years of formal probation on June 01st 2016. In real and concrete terms however, Brock Turner ended up serving 90 (ninety) days of prison for the January 18th 2015 rape of Chanel Miller on the campus of Stanford University. It is the opinion of the AACL that Brock Turner received a very lenient sentence for the rape of a woman of color because of the way the Jeanne Clery Act came to be enacted into law on November 08th 1990. About Race & Wrongful Convictions in the United States of America (U.S.A). Michael Ayele (a.k.a) W Official Website.: https://michaelayeleaacl.wordpress.com/2022/10/12/race-and-wrongful-convictions-in-america- michael-ayele-may-2014-in-perspective-and-context-index/ xviii In a sentencing hearing on Thursday morning, Brock Turner was sentenced to six months in county jail followed by three years of formal probation. He must also register as a sex offender and participate in a sex offender rehabilitation program. (…) Turner was arrested on January 18th 2015 after two graduate students found him on top of an unconscious woman outside Kappa Alpha fraternity at approximately 1 a.m. Turner subsequently withdrew from Stanford. (…) Prior to hearing the terms, the victim, a 23-year old Palo Alto resident who did not attend Stanford, spoke to the courtroom. Citing the deeply damaging impact the assault has had on her and Turner’s lack of remorse she called for a prison sentence of no less than one year. She described how she found herself on a gurney early on the morning of January 18th 2015, facing injuries, rushed treatments and photo documentation of her wounds. In the aftermath of the assault, she said she has struggled with extreme depression. She eventually had to quit her job, and she said it took eight months for her to begin talking about it. Brock Turner sentenced to six months in county jail, three years’ probation; The Stanford Daily.: https://www.stanforddaily.com/2016/06/02/brock-turner-sentenced-to-six-months-in-county-jail- three-years-probation/ Excerpt of Conversation Held Between Cenk Uygur and Ana Kasparian on June 07th 2016 About MICHAEL AYELE (A.K.A) W 27

REQUEST FOR RECORDS 03/03/2023 Brock Turner 6 (six) months sentence for sexual assault of Chanel Miller Cenk Uyghur (CU): Let me tell you the reality. The low sentence is because he was a successful white man going to Stanford. Ana Kasparian (AK): That’s right. 20 years old. Was part of the swim team. He was expected to be an Olympian and so, you have an entire community of people behind him, supporting him and trying to make excuses for him. He’s a rapist! No one asked him or forced him to do what he did. He did it on his own accord and the fact that he’s not suffering the real consequences for it is ridiculous. (…) CU: Imagine if they found a 20-year-old Black guy not going to Stanford (…) raping a white girl behind a dumpster. (…) Do you think the judge would say: ‘Well, he’s young. He lacks a criminal history. The prison sentence might have a severe impact on him.’ (…) AK: Look, this is a heinous crime. (…) I do believe there’s a two-tier justice system and we’re not applying sentencing equally among people of all different backgrounds, whether it be their socioeconomic status or their race. Stanford Rapist Barely Punished, The Young Turks.: https://www.youtube.com/watch?v=Oz5ceckK6DM xix Excerpt of Conversation Held Between Cenk Uygur and Ana Kasparian on June 10th 2016 About the Letter of “Apology” Submitted by Brock Allen Turner AK: Brock Allen Turner had to write a letter to the judge right before the judge had to give him a tiny sentence after he was convicted of raping an unconscious girl behind a dumpster. Now, Brock Allen Turner got six months in jail for raping someone, but the character letter that he sent to the judge basically did not really real blame for his actions in (…) raping a woman. In fact, he seemed to blame everything on the fact that he was drinking alcohol. (…) It seems as though he does not see himself as someone who is a convicted rapist or a criminal. (…) He sees himself as an innocent individual, who just happened to drink too much and as a result of that did what he did. But it’s not the alcohol, it’s not because the victim got drunk, it’s not because of college campus culture or college party culture. It’s because you raped someone and you have got to take responsibility if you genuinely want people to see that you’re remorseful. CU: There is one other thing in there that bothered me a little bit. He said he shouldn’t have drunk that night, and as you said let alone interact with the victim. Now you can take that in a positive light and say: “I wish I hadn’t done anything against her” although “interact” is a funny word. You can also take that in a negative light and look at it as victim blaming: “Ah, if I hadn’t run into her, everything would have been fine.” (…) If I’m the judge and I look at this in its totality and go: “Boy, this kid still doesn’t get it.” He says: “Oh no, I’m really hurt and it hurt the core of who I am and I can’t drink anymore.” I’m not sure you get the severity of what you did to the other person. (…) MICHAEL AYELE (A.K.A) W 28

REQUEST FOR RECORDS 03/03/2023 AK: He says: “I’ve lost two jobs solely based on the reporting of my case. I wish I never was good at swimming or had the opportunity to attend Stanford, so maybe these newspapers wouldn’t want to write stories about me.” CU: That’s it right there. Brock, you’re not getting it. You’re not unlucky because you’re going to Stanford and that’s why they are writing about you and otherwise you would have gotten a very light sentence and no one would have “bothered you” for raping some. No, you’re super lucky for going to Stanford and having all these privileges. (…) You are going to get a slap on the wrist for rape, but he still thinks he’s the victim. Rapist Brock Turner’s Pathetic Letter to Judge Released. The Young Turks.: https://www.youtube.com/watch?v=qUnrfMxXY88 Excerpt of June 17th 2016 Conversation Between Ana Kasparian, Grace Baldridge and Hasan Piker About Coercive Behavior at Stanford University A.K: The female swim team at Stanford University is coming forward and talking about what they personally experienced with Brock Turner. Now, Brock Turner was the former Stanford swimmer, who was caught raping an unconscious woman behind the dumpster. He was sentenced to a measly six months in jail, not prison and as a result that story made international headlines. Now, the women of the swim team feel comfortable coming forward and talking about their own experiences. (…) One of the swimmer said: “Brock’s arrest wasn’t surprising to anyone on the team. From the beginning, the women swimmers had found him to be very, very odd. Brock would make comments to the women such as ‘I can see your t*ts in that swimsuit.’” (…) Some members of the women’s swim team considered writing letters to the judge describing their unease with Turner – but those statements were never filed. (…) And they’re saying the reasons no letters were filed is because the university encouraged them not to do so. (…) So, the letters we are talking about are character letters people write to the judge before the sentence. (…) Dozens of friends and family of Brock Turner wrote those letters but these female swimmers were discouraged from doing so. (…) There were rumbling that the women were pressured by Stanford officials to not do it since they hadn’t witnessed any crime that Brock had committed. Hasan Piker (HP): 39 (thirty nine)! 39 is the number of people who came out and spoke on behalf of Brock Turner. 39 different letters were reviewed by the judge before he gave that lenient sentence. AK: I don’t think there’s this weird epidemic of female college students lying about getting raped on campus. (…) If we genuinely care about creating a safe environment for students on college campuses throughout the country, we need to take these allegations seriously. Now I’m not saying that just because someone accuses someone of rape, you immediately take that for what it’s worth and then you go ahead and kick someone out of school. (…) I don’t want knee jerk reactions. (…) I’m saying that there needs to be a system in place that fully investigates allegations and then figures out what really went on. Again, I’m not saying that someone is guilty as soon as they are accused, but the fact that these schools refuse to do proper investigations and they even go further: they deter students and discourage students from coming MICHAEL AYELE (A.K.A) W 29

REQUEST FOR RECORDS 03/03/2023 forward. It’s crazy to me. Stanford Silenced Women Who Warned About Brock Turner. The Young Turks.: https://www.youtube.com/watch?v=JRCFoTzbZnc xx The San Francisco Public Library (SFPL) have disclosed documents they have compiled detailing their institutional support for Chanel Miller’s book entitled Know My Name. Published in 2019, the book is a memoir of Chanel Miller, who recounted the traumatizing incident she experienced on January 18th 2015 (on the campus of Stanford University), when she was raped by Brock Turner. Even though Brock Turner was found guilty of [1] assaulting with the intent to rape Chanel Miller and [2] sexually penetrating Chanel Miller; he was only sentenced to six months in county jail. Furthermore, he ended up serving only 90 days of the 180 days he was sentenced for. The Association for the Advancement of Civil Liberties (AACL) regrets that the consequences for Brock Turner (sexually assaulting a woman of color) ended up equating the maximum sentence he would have served in the State of Maryland had he been arrested and charged for the petty offense of Trespass. The AACL also regrets the dangerous precedent set by the judicial branch of the California government. The AACL is not of the opinion that the rape of a woman of color by a white man should in real and concrete terms constitute a misdemeanor in the amount of time served behind bars. The San Francisco Public Library (SPL) Disclose Records They Have Compiled Documenting Their Institutional Support for Chanel Miller’s Book Entitled: “Know My Name.” Michael Ayele (a.k.a) W on Archive.: https://archive.org/details/the-sfpl-disclose-records-they-have-compiled-documenting-their- institutional-sup xxi According to the NCD, “involuntary treatment is extremely rare outside the psychiatric system, allowable only in such cases as unconsciousness or the inability to communicate. People with psychiatric disabilities, on the other hand, even when they vigorously protest treatments they do not want, are routinely subjected to them anyway, on the justification that they ‘lack insight’ or are unable to recognize their need for treatment because of their ‘mental illness.’ In practice, ‘lack of insight’ becomes disagreement with the treating professional, and people who disagree are labeled ‘noncompliant’ or ‘uncooperative with treatment.’ After years of contact with a system that routinely does not recognize their preferences or desires, many people with psychiatric disabilities become resigned to their fate and cease to protest openly. Although this is described in the psychiatric literature as ‘compliance,’ it is actually learned helplessness (also known as ‘internalized oppression’) that is incompatible with hope and with the possibility of recovery. Traditionally, involuntary commitment has involved the loss of liberty and confinement in a facility. However, more recently the concept of involuntary outpatient commitment (IOC) has become more widespread. IOC laws have been passed in nearly two- thirds of the states, and similar legislation has been introduced in Congress. IOC involves court- ordered treatment (almost always medication) for people who do not meet the standards for inpatient commitment (physical dangerousness to self or others). With more states enacting IOC laws, more people with psychiatric disabilities are being forced to take medications and treatments that can be painful and debilitating. At the same time, the desire of many people labeled with psychiatric disabilities for voluntary services that affect their real-life needs (such MICHAEL AYELE (A.K.A) W 30

REQUEST FOR RECORDS 03/03/2023 as housing, job training, and social support) seldom receive adequate funding. One of the consequences of IOC laws is that they often take money from voluntary programs that promote independence and redirect it toward ever more restrictive and punitive programs.” The NCD have also previously noted that “anyone with a psychiatric disability, in fact anyone deemed by a mental health professional or police officer with little or no training to have such a disability, can be legally deprived of their freedom simply with an order from a judge, law officer, or medical professional. The due process procedures to challenge those decisions, and the laws and agencies that are supposed to protect and defend the legal rights of people affected by such orders, are often inadequate, ineffective, underfunded, inaccessible, or disregarded. Even when people are entitled to hearings, these are usually brief, and representation by counsel is often inadequate or nonexistent. (…) Neither law enforcement agencies nor the judicial and correctional systems have programs and policies in place to address the particular needs of people labeled with psychiatric disabilities while at the same time ensuring that they receive equal justice under law. When they are the victims of crime, testimony revealed that people labeled with psychiatric disabilities cannot rely on law enforcement agencies to protect them. The judicial system also fails them. Studies have found that rates of incarceration for people labeled with psychiatric disabilities are almost double the comparable rates in the general population. While it is often assumed that people labeled with psychiatric disabilities are in prison because they are particularly violent and dangerous, in fact, large numbers of prisoners with psychiatric disabilities are in prison for crimes that would not normally result in incarceration for nondisabled people. Inmates with psychiatric disabilities serve longer sentences than other prisoners and are less likely to receive voluntary treatment for their disabilities. Treatment in penal settings almost always consists of drugs, most often without any meaningful informed consent. In fact, imprisonment may actually exacerbate the symptoms of people labeled with psychiatric disabilities. (…) The Police Executive Research Forum (PERF), a national organization composed of chief executives from municipal, county, and state law enforcement agencies, offers a training curriculum and model policy that addresses police response to people labeled with psychiatric disabilities. PERF's trainer's guide, Police Response to People with Mental Illness, also covers the ADA and community policing approaches, including the voluntary and involuntary commitment process, arresting, and interviewing people with mental illness. However, as is typical of such training procedures, these materials were developed without input from people labeled with psychiatric disabilities. The training guide notes, ‘It is not the role of the police officer to make the determination that a person should be committed.’ Testimony revealed, however, that police do not always adhere to this policy.” About the Forcible Administration of Psychotropic Drugs. Michael Ayele (a.k.a) W on Archive.: https://archive.org/details/the-ncd-disclose-limited-records-pertaining-their-2000-report-dealing- with-the-f xxii Excerpt of Email Sent by Michael A. Ayele (a.k.a) W to the Department of Justice (DOJ) Federal Bureau of Investigation (FBI) on April 25th 2022 MICHAEL AYELE (A.K.A) W 31

REQUEST FOR RECORDS 03/03/2023 The core issues, which the DOJ and the DHS have failed to address in this records request are the following. 1) Have you had any conversations (in the form of emails and postal correspondence) about the March 16th 2022 settlement agreement concluded between the DOJ and victims associated with the February 14th 2018 mass-shooting at Marjory Stoneman Douglas High School? If yes, will you promptly disclose those conversations? Have you had any conversations (in the form of emails and postal correspondence) about the March 15th 2022 report of the DHS, which went on to detail their “superficial look” at the life and death of Scott Paul Beierle? Does your office hold any formal/informal opinions about the responsibility that should be taken by the DOJ (FBI) for the November 02nd 2018 shooting in Tallahassee, Florida taking into consideration the settlement agreement they have concluded on March 16th 2022? 2) Was the Marjory Stoneman Douglas High School Public Safety Commission being consistent with the DHS March 2022 recommendations when they decided to put significant barriers at the direction of people who were as a matter of principle opposed to the policies they were looking to implement? Has the Marjory Stoneman Douglas High School Public Safety Commission infringed on the 1st Amendment rights of March for Our Lives because they hold similar opinions to the ACLU and the SPLC with regards to the Marjory Stoneman Douglas High School Public Safety Act? Has the Marjory Stoneman Douglas High School Public Safety Commission infringed on the 1st Amendment rights of March for Our Lives because they are opposed to (i) the presence of police and armed guards in schools, (ii) the “zero-tolerance” disciplinary policies adopted by the Marjory Stoneman Douglas Public Safety Commission? 3) Was the DOI being consistent with the DHS March 2022 recommendations when they decided to take measures against Michael A. Ayele (a.k.a) W similar to actions taken by the Marjory Stoneman Douglas High School Public Safety Commission with regards to March for Our Lives? Has the DOI infringed on the 1st Amendment rights of Michael A. Ayele (a.k.a) W because of certain events he was witness to when he was living in the U.S.A in December 2013, February 2014, March 2014, May 2014, August 2014, March 2015 and April 2015? As a representative of the media and a member of the general public, I would again like to reiterate that I am requesting records that exist within your possession detailing [1] the formal/informal ties, which exist between the DHS and the DOJ; [2] the discussions held between the DHS and the DOJ about the life and death of (racist and sexist) Scott Paul Beierle; [3] the tip which had been provided to the FBI about the unstable state of mind of Scott Paul Beierle in August 2018; [4] the discussions held between the DHS and the DOJ about that tip, which had been provided to the FBI in August 2018 on the unstable state mind of Scott Paul Beierle; [5] the discussions held between the DHS and the DOJ about the 1st (first) Amendment of the U.S Constitution; [6] the formal/informal opinions held by your offices about the decision of the DHS to publish on March 15th 2022 a report documenting their “superficial look” at the life and death of (racist and sexist) Scott Paul Beierle; [7] the formal/informal opinions held by your offices about the decision of the DOJ to conclude a settlement agreement with the victims associated with the Marjory Stoneman Douglas High School shooting on March 16th 2022; [8] the formal and/or informal opinions held by your offices about the DOJ concluding the March MICHAEL AYELE (A.K.A) W 32

REQUEST FOR RECORDS 03/03/2023 16th 2022 settlement agreement as a direct consequence of a tip, which had been provided to the FBI on the unstable state of mind of Nikolas Cruz weeks before the February 14th 2018 mass- shooting rampage; [9] the tip, which had been provided to the FBI weeks before the mass- shooting rampage of February 14th 2018 on the unstable state of mind of Nikolas Cruz; [10] the formal/informal opinions held by your offices about the FBI as a federal agency, which has not taken responsibility for the November 2018 shooting in Tallahassee, Florida even though they have taken limited responsibility about the February 2018 shooting at Marjory Stoneman Douglas High School; [11] the discussions held between the DHS and the DOJ about the complaint filed by March for Our Lives against the Marjory Stoneman Douglas High School Public Safety Act Commission in January 2020; [12] whether the Marjory Stoneman Douglas Public Safety Commission was being consistent with the 1st Amendment of the U.S Constitution when placing significant barriers at the direction of March for Our Lives; [13] your discussions about whether the Marjory Stoneman Douglas High School Public Safety Commission was being consistent with the DHS March 2022 recommendations (to include community stakeholders in discussions on preventing gun violence) when it created several difficulties (in October 2019) to members of the March for Our Lives non-profit organization looking to provide their input; [14] your discussions about whether the DOI was being consistent with the DHS March 2022 recommendations (to include community stakeholders in discussion on preventing gun violence) when it created several difficulties for Michael A. Ayele (a.k.a) W following the March 23rd 2021 FOIA request he had submitted. I sincerely hope you reconsider your response. Be well. Take care. Keep yourselves at arms distance. Respectfully submitted: W (AACL) Michael A. Ayele Anti-Racist Human Rights Activist Audio-Visual Media Analyst Anti-Propaganda Journalist Email Sent by the Department of Justice (DOJ) Federal Bureau of Investigation (FBI) to Michael A. Ayele (a.k.a) W on April 29th 2022 Good morning, The FBI has received your request for Dispute Resolution regarding your Freedom of Information/Privacy Act (FOIPA) request. MICHAEL AYELE (A.K.A) W 33

REQUEST FOR RECORDS 03/03/2023 Note: Dispute Resolution Services (DRS) are a separate process than filing an appeal with the Office of Information Policy (OIP), and the use of DRS does not toll the 90 day limit to file a timely appeal with OIP. A review of your request has determined the following: The request is still in process and presently in Initial Processing, where the assigned analyst is searching for, retrieving and reviewing potentially responsive records. Requests are processed in the order in which they are received through our multi-track processing system. Requests are divided into two primary tracks--simple (under 50 pages of potentially responsive documents) and complex (over 50 pages of potentially responsive documents). Complex requests are further divided into medium, large, and extra-large sub- tracks based upon request size. Simple track requests typically require the least amount of time to process. Currently, simple track cases average approximately 111 days from the date of receipt for processing. Our complex requests in the medium processing track are currently averaging 895 days, large processing track are currently averaging approximately 1,929 days, and extra-large processing track are currently averaging 2,360 days for processing. The search for responsive records is ongoing for your request, so we do not yet know into which track it will fall. The estimated date of completion is therefore based on the average processing time of complex requests in the large processing track. Accordingly, the estimated date on which the FBI will complete action on your request is 1,929 days from the date the FBI opened your request. Once the search has been completed, you may request an updated estimated date of completion. Additional information regarding the Freedom of Information Act/Privacy is available at http://www.fbi.gov/ or http://www.fbi.gov/foia/. If you require additional assistance please contact [email protected]. Please check the status of your request online at http://vault.fbi.gov by clicking on the “Check Status of Your FOI/PA Request” link. Status updates are performed on a weekly basis. If your request does not yet appear in the system, please check back later in the week. MICHAEL AYELE (A.K.A) W 34

REQUEST FOR RECORDS 03/03/2023 Public Information Officer FBI - Information Management Division 200 Constitution Drive Winchester, VA 22602 O: (540) 868-4593 E: [email protected] MICHAEL AYELE (A.K.A) W 35