Case 1:13-cv-01363-EGS Document 20 Filed 08/07/15 Page 1 of 2 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA JUDICIAL WATCH, INC., Plaintiff, v. UNITED STATES DEPARTMENT OF STATE, Defendant. ) ) ) ) ) ) ) ) ) ) ) Civil Action No. 13-CV-1363 (EGS) DEFENDANT’S STATUS REPORT At the conclusion of the Court’s Order dated July 31, 2015, the Court directed defendant United States Department of State (Department) to inform the Court of the status of its compliance with the Order by August 7, 2015. Accordingly, the Department reports as follows. 1. In the initial, unnumbered part of the Court’s Order, the Court directed the Department to file the letters that it previously sent to former Secretary Clinton, Huma Abedin, and Cheryl Mills regarding federal records in their possession, as well as the responses that the Department received. The Department filed those letters and responses on August 6, 2015. See Notice of Filing (ECF No. 18). On the day the Department made this filing, it received another responsive letter from Ms. Mills’ counsel, a copy of which is attached hereto as Exhibit A. 2. The Department has also complied with subparts 2 and 3 of the Court’s Order. On August 5, 2015, the Department wrote to the former Secretary, Ms. Abedin, and Ms. Mills, requesting that these individuals provide it with the information that the Court ordered it to request regarding federal records in their possession. Copies of these letters are attached hereto as Exhibits B, C, and D. On August 6, 2015, counsel for Ms. Abedin responded to the Case 1:13-cv-01363-EGS Document 20 Filed 08/07/15 Page 2 of 2 Department’s requests for federal records in her possession. A copy of this letter is attached hereto as Exhibit E. On August 6, 2015, counsel for Ms. Mills responded to the Department’s August 5 letter. A copy of that letter to is attached hereto as Exhibit F. The Department has not yet received a response to its letter from the former Secretary. 3. The Department is in the process of responding to subpart 1 of the Court’s Order regarding servers, accounts, hard drives, or other devices that may contain information responsive to plaintiff’s Freedom of Information Act request in this case. The Department anticipates submitting a response to this inquiry by August 14, 2015. Dated: August 7, 2015 Respectfully submitted, BENJAMIN C. MIZER Principal Deputy Assistant Attorney General MARCIA BERMAN Assistant Director /s/ Peter T. Wechsler PETER T. WECHSLER (MA 550339) Senior Counsel United States Department of Justice Civil Division, Federal Programs Branch 20 Massachusetts Avenue, N.W. Washington, D.C. 20530 Tel.: (202) 514-2705 Fax: (202) 616-8470 Email: peter.wechsler@usdoj.gov Counsel for Defendant 2 Case Document 20-1 Filed 08/07/15 Page 1 of 21 EXHIBIT A Case Document 20-1 Filed 08/07/15 PAUL, WEISS, RIFKIND, WHARTON ?99 GARRISON LLP 2001 STREET, NW WASHINGTON, DC 20006-1047 TELEPHONE (202) 223-7300 DIRECT DIAL NUMBER 202-223-7340 DIRECT FACSIMILE 202-204?7395 DIRECT E-MAIL ADDRESS bwilkinson@paulweiss.com August 6, 2015 By Hand Patrick F. Kennedy Under Secretary for Management United States Department of State 2201 Street, NW. Washington, DC. 20520 Dear Under Secretary Kennedy: Page 2 of 21 12.85 AVENUE OF THE AMERICAS NEW YORK, NY 10019-6064 TELEPHONE (212) 373-3000 UNIT 3601, FORTUNE PLAZA OFFICE TOWER A NO. 7 DONG SANHUAN ZHONGLU CHAO YANG DISTRICT BEIJING 100020 REPUBLIC OF CHINA TELEPHONE (86-10) 5828-6300 12TH FLOOR, HONG KONG CLUB BUILDING 3A CHATER ROAD, CENTRAL HONG KONG TELEPHONE (852) 2846?0300 ALDER CASTLE IO NOBLE STREET LONDON ECZV 7JU, U.K, TELEPHONE (44 20) 7367 1600 FUKOKU SEIMEI BUILDING 2-2 UCHISAIWAICHO Z-CHOME CHIYODA-KU, TOKYO 100-001 1, JAPAN TELEPHONE (BI-3) 3597-8101 TORONTO-DOMINION CENTRE 77 KING STREET WEST, SUITE 3100 R0. BOX 226 TORONTO, ONTARIO MSK 1J3 TELEPHONE (415) 504-0520 500 DELAWARE AVENUE, SUITE 200 POST OFFICE BOX 32 WILMINGTON, DE 19899-0032 TELEPHONE (302) 655-4410 I am writing in response to your letter dated July 31, 2015, and received on August 3, 2015, requesting that Ms. Mills return potential records in her possession to the Department of State as soon as possible. As you know, Ms. Mills received a request from the Department of State on March 11, 2015 that she assist the Department by preserving any potential federal records in her custody. On June 25, 2015, Ms. Mills provided a subset of potential federal records in her possession to the Department of State for review. She has provided additional documents to counsel for review in response to the March 11, 2015 letter. The review process is nearing completion and I expect to produce additional documents for the Department?s review in an electronic format on August 10, 2015. Ms. Mills does not believe that she has paper COpies of potential federal records in her possession. Following our production on August 10, 2015, we have instructed her to delete any and all electronic copies in her possession. Given that the documents Ms. Mills produced and will produce to the State Department are the subj ect of inquiries, Paul, Weiss will maintain an electronic version of the Mills production at our of?ce until we receive additional instructions from you regarding this material. In the event that you request, due to concerns over potential reclassi?cation, that we delete the copy maintained by Paul, Weiss, we ask that you expeditiously inform us and arrange access to those documents for Ms. Mills and her counsel as you offered in your letter. Case Document 20-1 Filed 08/07/15 Page 3 of 21 PAUL, WEISS, RIFKIND, WHARTON ?99 GARRISON LLP Finally, we request that the Department return any document previously provided or that will be provided by Ms. Mills that has been or will be determined not to be a federal record. Sincerely, Beth A. Wilkinson Case Document 20-1 Filed 08/07/15 Page 4 of 21 EXHIBIT Case Document 20-1 Filed 08/07/15 Page 5 of 21 UNDER SECRETARY OF STATE FOR MANAGEMENT WASHINGTON AUG "5 EMS Mr. David 13. Kendall, Esq Williams Connolly LLP 725 12th Street, NW Washington, DC 20005 Dear Mr. Kendall: As you know, the Department requested that your client, former Secretary of State Hillary Clinton, provide it with any federal records in her possession, such as an email sent or received on a personal email account while serving as Secretary of State, if there is reason to believe that it may not otherwise be preserved in the Department?s reeordkeeping system. Your client has produced approximately 55,000 pages of documents in response. I am writing to you now regarding additional requests the Department has been ordered to make of your client in a Freedom of Information Act case, Jan?iciai I'Vaicii it Department afSiaic (D.D.C. No. 13?ev?1363). On July 31, 2015, the United States District Court in the .iaa?iciai Watch case ordered the Department to make two requests ol?your client, related to the FOIA requests at issue in that case. These FOIA requests seek the following information: 0 Any and all (Noti?cation of Personnel Action) forms For l-luma Abedin; 0 Any and all contracts (including, but not limited to, personal service contracts) between the Department of State and Ms. Abetlin; and I Any and all records regarding, concerning, er related to the authorization for Ms. Abedin to represent individual clients andior otherwise engage in outside employment while employed by andior engaged in a contractual arrangement with the Department of State. Pursuant to the Court?s order, a copy of which is attached, the Department requests that your client: I Confirm, under penalty of perjury, that she has produced all responsive information that was or is in her possession as a result of her employment at the State Department. If all such has not yet been produced, please produce the in liorrnation forthwith, and - Deseribe, under penalty of perjury, the extent to which Ms. Abedin and Ms. Mills used Mrs. Clinton?s email server to conduct official government business. Case Document 20-1 Filed 08/07/15 Page 6 of 21 2 In the event you have any questions regarding the transfer ol?the records to the Department, please contact the Agency Records Of?cer, William Fischer, at (202) 261-83 69. In the meantime, I would appreciate it if you would con?rm receipt ol? this letter and reapond to the above requests for information in writing as soon as possible. Enclosure Sincerely, /7 ?atriek F. Kennedy Case Document 20-1 Filed 08/07/15 Page 7 of 21 Original message From: Demons 112015 5:47 PM To: Subject: Activity in Case JUDICIAL WATCH, INC. DEPARTMENT OF STATE Order This is an automatic e-mail message generated by the CMIECF system. Please DO NOT RESPOND to this e-mail because the mail box is unattended. TO PUBLIC ACCESS Judicial Conference of the United States policy permits attorneys ot?rccord and panties in a case (including pro so litigants) to receive one free electronic copy ofall documents ?led electronically, ifrcceipt is required by law or directed by the ?ier. PACER access fees apply to all other users. To avoid later charges, download a copy of each element dining this ?rst viewing. However. if the referenced docmnent is a transcript, the free copy and 30 page limit do not apply. U3. District Court District cholumbla Notice ofElectronlc Filing The following transaction was entered on minors or 5:46 PM and filed on 71310015 Case Name: JUDICIAL WATCH, INC. v. DEPARTMENT OF STATE WNW it: ALL: test. all In: Filer: Document Number: No document attached Docket Text: Asayeed?by the partiesat the July 31. 2015 stems hearing. the Government shallproduce a copy oftheletter's State Deparonent to Mrs. Hillary Clinton. Ms. Hume Abcdin and Ms. Cheryl Mills retarding the collection of government records in their possession. These communications shall he posted on the docket forthwith. The Government has also agreed to share withPlainti?'s counsel the responses sent by Mrs. Clinton. Ms. Abedin and Ms. Mills. These communications shall also be postedon the docket forthwith. In addition, as related to Judicial Watch's FOIA requests in this case, the Government is HEREBY ORDERED to: idendiy any and all servers. accotmts, hard drives, or other devicescutrentiy in the possession or control of the State Department or otherwisethat may contain responsive infonnation; (2) request that the above named individuals can?rrn. under penalty of perjury, that they have produced all responsive information that was or is in their possession as a result of their employment at the State Department. If all such information has not yet been produced, the Government shall request the above named individuals produce the information fordtwith; and (3) request that the above named individuals describe. under penalty the extent to which Ms. Abeth mid Ms. Mills used Mrs. Clinton's email server to conduct of?cial government business. The Government shall infonn the Court ofthe stems of its compliance with this Order no later than August 7, 2015. including any response received from Mrs. Clinton, Ms. Abedln and Ms. Mills. Signed by Judge Emmet G..Sullivan on July 31. 2015. (lcegs4) l:l3-cv-Ol363-BGS Notice has been electronically mailed to: Paul I. creams WW PeterT- Winches: Michael Beech: Wm MW Notice will be delivered by other means to:: Case Document 20-1 Filed 08/07/15 Page 8 of 21 EXHIBIT Case Document 20-1 Filed 08/07/15 I Page 9 of 21 UNDER SECRETARY OF STATE FOR MANAGEMENT WASHINGTON AUG -- 5 2515 Ms. Karen L. Dunn Boies, Schiller Flexner LLP 5301 Wisconsin Avenue, NW Washington, DC 20015 Mr. Miguel E. Rodriguez Bryan Cave LLP 155 Street NW Washington, DC 2004 Dear Ms. Dunn and Mr. Rodriguez: As you know, the Department requested that your client, Ms. l-Iuma Abedin, provide it with any federal records in her possession, such as emails sent or received on a personal email account while serving in her of?cial capacity at the Department, if there is any reason to believe that those records may not otherwise be preserved in the Department?s recordkecping system. Your client has produced documents in response and has indicated that additional documents responsive to the Department's request for potential federal records would be forthcoming. I am writing to you new regarding additional requests the Department has been ordered to make of your client in a Freedom of Information Act case, Judiciai Watch v. Department of State (D.D.C. No. On July 31, 2015, the United States District Court in the Judicial Watch case ordered the Department to make two requests of your client, related to the FOIA requests at issue in that case. These 01A requests seek the following information: 0 Any and all SF-SO (Noti?cation of Personnel Action) forms For Huma Abedin; a Any and all contracts (including, but not limited to, personal service contracts) between the Department of State and Ms. Abedin; and I Any and all records regarding, concerning, or related to the authorization for Ms. Abedin to represent individual clients andior otherwise engage in outside employment while employed by andior engaged in a contractual arrangement with the Department of State. Pursuant to the Court?s order, a copy of which is attached, the Department requests that your client: 0 Con?rm, under penalty of perjury, that she has produced all responsive information that was or is in her possession as a result of her employment at the State Department. If all such information has not yet been produced, please produce the information forthwith, and Case Document 20-1 Filed 08/07/15 Page 10 of 21 2 - Describe: under penalty the extent to which she used Mrs. Clinton's email server to conduct of?cial government business. [a the event you have any questions regarding the transfer ofthe records to the Department, please contact the Agency Records Of?cer, William Fischer, at (202) 261-3369. In the meantime, I would appreciate it if you would con?rm receipt of this letter and respond to the above requests for information in writing as soon as possible. Enclosure Sincerely, at?! RPatrick F. Kennedy . Case Document 20-1 Filed 08/07/15 Page 11 of 21 Original message . Pm: We Date:07BlIZOl$ 5:47 PM To: . Subject: Activity in Case JUDICIAL WATCH, INC. v. DEPARTMENT OF STATE Order This is an automatic e-mail message generated by the CMIECF system. Please DO NOT RESPOND to this e-mail because the mail box is tutattended. 1'0 PUBLIC ACCESS Judicial Conference of the United States policy permits attorneys of record and parties in a case (including pro se litigants) to receive one ?ee electronic copy ofall documents ?led electronically, if receipt is required by law or directed by the ?ler. PACER access fees apply to all other users. To avoid later download a copy of each doctunent dining ?rst viewing. However. if the referenced document is a transcript, the ?ea copy and 30 page limit do not apply. us. District Court District ?Columbia Notice of Electronic Filing was entered on 13112015 at 5:46 PM and ?led on 75112015 Case Name: JUDICIAL WATCH. INC. v. DEPARTMENT OF STATE CaseNutnbet: lil3Ml353?EGS