The letter specifically states it should not be taken as an indication that something exists. It's just a standard disclaimer that regardless of if the requested records exist or not, they would be exempt from the FOIA - basically because they are police records.
So this is not evidence of anything.
Well that is a side step isn't it. Let's look at it, there exists files in the public domain. I request some files, and they say the files i request are exempt from disclosure because of......
Ok we can take the standard this doesn't mean they do it doesn't mean they don't (which most things not given have attached especially highly classified items, it is an executive order which allows them the right to refuse to answer whether anything even does exist or not-that executive order does not apply to things that are not of a sensitive nature)
Now that letter does say that the are excluded based on a section that is relevant to items used in legal proceedings. So something that may not exist may need to be exempt from release in case what doesn't exist may need to not be used in a court case?
I think the logic here says that even if the remaining files are simply a few basic reports similar to what is available already, they may contain names of agents/officers, there is something there.
But i won't argue this point, i will simply be more specific in my next request. To see if i can get a different response.
In my view they could have said, no file exists, they could have said exempt for other reasons.
And lest we forget, there HAS to be other files.
The files i specifically asked for were the Nypd,jttf and fbi ones of the reports required to be made by each person who handled them. The fbi would have to have such things or a copy of. As well the fact it is a requirement of each officer to do so. I do not know a single court of law where the evidence can be submitted and said, Officer Smith gave this to Agent Smith and that was on Some day in January, trust us, oh then Smith gave it to Agent Jones.
Each person who handled them has to make a report. Has to log it in evidence books and so on.
My next request will have to focus on something specific about the passport condition. Or the reports of who recovered it.
I think we both know there IS more there, whether it is useful or not is another matter but certainly to say no more files exist is only saying that the passport got handed in and no one recorded that, then they gave a quick call to Chin to get his story and that was it case closed everything made public nothing more to see.