In the most recent docket entry in this case, the Plaintiff’s lawyer argues the FBI’s declaration about the need to protect generic “non-public investigative techniques and procedures”. The following is an excerpt from document 44:
“The FBI’s supporting declaration also lacks the requisite details, stating only that knowledge of some unidentified techniques and procedures could bring other treasure hunters “in close proximity to the FBI investigators[.]” 4th Seidel Decl. ¶ 93. Even with this very limited justification, however, the FBI fails to explain logically how the mere proximity of others to the Dents Run excavation would allow criminals and others to circumvent the law.
This hardly qualifies as even a remote possibility, much less a likely result from disclosing the operational plans here of a once-in-a-lifetime search for buried gold at least as to the FBI.
At bottom the FBI essentially is arguing for a blanket exemption from the FOIA’s disclosure requirements for all its operational plans without considering whether disclosure of specific plans would cause specific foreseeable harm. The FOIA Improvement Act of 2016, however, forecloses such an approach by codifying a “foreseeable harm” standard that permits withholdings under the FOIA only if “the agency reasonably foresees that disclosure would harm an interest protected by the exemption.” 5 U.S.C. § 552(a)(8)(A).
Here the FBI has not made the required showing of a direct link between revealing the operational plans at issue and harm to this precise kind of investigation in the future.
There is no evidence in the record that the FBI has ever before conducted an excavation to locate missing Civil War era gold or is likely to do so in the future. The uniqueness of the so-called “investigation” at issue forecloses the FBI’s argument that revealing operational details of how it conducted that excavation would cause a harm against which Exemption 7 protects.” END
We now know from the public record of videos, social media, podcasts and forums that the Plaintiff himself has teased over and over, claiming to know where there is more gold at Dents Run and would be willing to work with the FBI if they don’t screw him, even claiming to have told this directly to the lead Investigator at Dent’s Run. The odds of there being any truth in Plaintiff’s claims are slim to none, however there is always the possibility that another such FBI investigation could take place with someone, somewhere in the future. It is certainly not out of the question that someone could stumble upon a cache of Civil War era gold. At least for now, it is none other than the Plaintiff himself who perpetuates the possibilities of another FBI involved excavation.
Now, as to whether or not the FBI has ever been involved in searching for civil war gold and artifacts, one only need to read the following article to learn that the investigative work they do is highly sensitive and very successful when searches are conducted accordingly with non-public investigative techniques and procedures. While not an excavation per se, the article describes millions of dollars in artifacts and gold recovered in these "so-called investigations". I for one am glad to see that history is being saved.
Over an illustrious 20-year career, FBI agent Robert K. Wittman recovered an estimated $300 million worth of stolen artworks and historical relics.
www.historynet.com