Freedom of Information Act (FOIA) Request Filed with United States Marshal Service (USMS)

It is without doubt, USMS have a record of Mark Burke and/or his business interests, including Blogger Inc., which publishes and operates online blogs, including a blog at the domain name, lawsintexas.com. Mark Burke is the sole director of Blogger Inc., a non-profit organization, registered in Delaware.

First Known Investigation by USMS

In late January, early February of 2020, it is alleged USMS arrived at Mark Burke’s residence at 46 Kingwood Greens Dr., Kingwood, Texas, 77339 “incognito”. The suspected US Marshals pretended to be measuring the road/water levels and went to great lengths to look legitimate, including setting up equipment on the road and wearing utility type gear. Ultimately, an agent would be “unexpectedly” confronted at the front door by Mark Burke’s mother, Joanna Burke, asking him why he was loitering at her front security door and peering inside the glass in the doors. His response was he was measuring the height of the home in relation to road for water levels, to which Mark Burke’s mother replied “Yeah, right”. The US Marshal quickly slinked away to the protection of his vehicle.

In such a quiet residential area, this roadside setup was highly unusual and very noticeable as the tripod with camera was directed at the Burkes’ property the whole time and not the road. This ‘crew’ were there for several hours but never moved along the street or into any of the surrounding roads or cul-de-sacs. It is clear and obvious this was a crude attempt by USMS to appear incognito while conducting surveillance on the Burke’s residence.

Mark Burke formally requests all case file(s), documents, video, phone call data, and recordings, audio or video pertaining to this event, the people involved and their respective information including resumes, along with any related information for the whole period of surveillance.

This should include any judicial requests, whether denied or granted, where USMS sought any orders approving surveillance, not limited to wiretapping or monitoring of Mark Burke’s home office, residence, personal and business emails, websites, other data or data mining usually associated with a USMS investigation.

Second Known Investigation by USMS

You will note from an article published at kingwooddr.com, titled “US Marshals Service National Center for Judicial Security” email correspondence from then Deputy United States Marshal Steve Gandre, requesting removal of information and image(s) pertaining to Eleventh Circuit Appellate Judge Robin Rosenbaum (Federal).  The emails from USMS were dated January 4, 2021, and obviously the investigation and case file would have been created some time before the initial communication.

Mark Burke formally requests all case file(s), documents, video, phone call data, and recordings, audio or video pertaining to this event, the people involved and their respective information including resumes, along with any related information for the whole period of surveillance, including the time period wherein USMS formally requested removal of Judge Rosenbaum’s data.

Third Suspected Noticeable Investigation by USMS

Excluding the regular suspicious vehicles which would come and go to Mark Burke’s residence at 46 Kingwood Greens Dr., Kingwood over the years, (by recognizing familiar returning vehicles and/or occupants of same), the next suspected investigation was when Mark Burke took Joanna Burke to pre-surgery COVID appointment at Houston Methodist Hospital in Houston on Thursday afternoon, March 31, 2022[1].

During a lengthy period in the designated waiting area, which was at capacity, there was strong indications of surveillance by one or two women, one using the same surname, Burke, and the other – a tall, slim woman who complained of being at the facility for most of the day to book into her surgery, and as such she had low mobile phone charge, yet would not take up an offer to use another person’s phone.

Mark Burke formally requests all case file(s), documents, video, phone call data, and recordings, audio or video pertaining to this event, the people involved and their respective information including resumes, along with any related information for the whole period of surveillance.

Fourth Investigation by USMS

This would be evident when Mark Burke was admitted to for-profit HCA Healthcare’s Kingwood Hospital, and an “Imposter Doctor” would visit him at his bedside (South Tower, Room 376) on two consecutive mornings (August 10 and August 11, 2022), calling himself the ‘lead doctor’, Dr. Aguilar. All the relevant information pertaining to this investigation is detailed on kingwooddr.com.

Mark Burke formally requests all case file(s), documents, video, phone call data, and recordings, audio or video pertaining to this event, the people involved and their respective information including resumes, along with any related information for the whole period of surveillance.

Summary of Investigative Period

The specific ‘investigations’ are detailed above. The overall timeline for the requested records would be for the full years from 2019 to date, as it would appear USMS is actively monitoring Mark Burke, and surveillance is ongoing.

Mark Burke’s FIOA and Legal Request Defined

“[T]he only public interest relevant for purposes of Exemption 7(C)[2] is one that focuses on the citizens’ right to be informed about what their government is up to.” Davis, 968 F.2d at 1282 (internal quotation marks and citations omitted)” – Ball v. United States Marshal Serv., Civil Action 19-1230 (JEB), at *11-12 (D.D.C. Oct. 19, 2021).

Here, Mark Burke confirms that disclosure of the USMS and other officials’ information would illuminate “what [the] government is up to,” and Mark Burke, as a person and an investigative journalist who seeks to hold the government, the judiciary and agencies like USMS accountable for any fraudulent or unlawful acts, does assert a compelling public interest and need for this information.

“Likewise, when the information of private citizens is contained in law-enforcement files, it is protected under Exemption 7(C) unless it is “necessary in order to confirm or refute compelling evidence that the agency is engaged in illegal activity.” Schrecker v. Dep’t of Justice, 349 F.3d 657, 661 (D.C. Cir. 2003) (internal quotation marks and citation omitted); see also Kimberlin v. Dep’t of Justice, 139 F.3d 944, 949 (D.C. Cir. 1998) (“It goes almost without saying . . . that individuals other than [the target of the investigation] whose names appear in the file retain a strong privacy interest in not being associated with an investigation . . . .”).” – Ball v. United States Marshal Serv., Civil Action 19-1230 (JEB), at *12 (D.D.C. Oct. 19, 2021).

Here, Mark Burke has made allegations of surveillance that goes beyond the law and is supported by statements here and on the cited blogs. Namely, that USMS and/or related government agencies appear to have engaged in illegal activity and he has asserted a public interest in the information regarding private citizens, or claimed private citizens (e.g. “Imposter Doctor Aguilar”, the two “patients” claiming to be private citizens who were at Methodist waiting room and suchlike.). The application of Exemption 7(C) to his request does not and should not apply.

If this is a multi-agency operation, Mark Burke formally requests that USMS identify the other agencies, be it FBI, DOJ, CFPB and/or others and provide the necessary contact information needed to obtain FOIA requests from those involved, if the information cannot be provided by this request, in law.

Expedited Request for Information

Mark Burke requests this information be expedited per White v. Dep’t of Justice, No. 16-cv-948-JPG, at *5 (S.D. Ill. Jan. 21, 2021) (“That it was able to marshal its resources and process White’s request in four months makes the seven-year delay appear all that more egregious. The Court puts the USMS on notice that it must upgrade its FOIA processing protocols to avoid such delinquencies in the future. Indeed, future FOIA requesters should note this admonition and demand more from the agency in the future.”)”.

This, combined with the fact there is currently litigation in Harris County District Court as detailed on kingwooddr.com pertaining to the Imposter Doctor Aguilar, and where this information is urgently required during the discovery period which is effective now, should automatically escalate this request to ensure it is answered expeditiously, and for a fee not greater than $25 USD.

Mark Burke,
Jan 12, 2023