Case 1:15-cv-02117-RDM Document 19 Filed 07/22/16 Page 1 of 4

THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
__________________________________________
)
JASON LEOPOLD,
)
)
Plaintiff,
)
)
v.
)
)
U.S. DEPARTMENT OF JUSTICE
)
)
Defendant.
)
__________________________________________)

Case No. 15-cv-02117 RDM

JOINT STATUS REPORT
Pursuant to this Court’s Minute Order of July 14, 2016, the parties respectfully
submit the following status report.
As explained in Defendant’s July 13, 2016 Status Report, ECF No. 18, the
Federal Bureau of Investigation (“FBI”) has withheld two categories of documents that
are responsive to Plaintiff’s FOIA request. The first category consists of materials
retrieved from any server equipment and related devices obtained from former Secretary
of State Hillary Clinton for the investigation (Request No. 1340452). See Def.’s Mem. of
Points and Authorities in Supp. of Mot. for Summ. J. (“Def.’s Mem.”), ECF No. 7, at 12.
Yesterday, the FBI began transferring the retrieved materials to the State Department, and
will continue to transfer the retrieved materials to the State Department on a rolling basis.
See July 12, 2016 letter from James A. Baker to Brian J. Egan, ECF No. 18-1 (stating
that, in accordance with its policies and procedures, the FBI will be providing the
retrieved materials to the State Department for review and determination as to whether
they constitute agency records of the State Department under the Federal Records Act,

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 Case 1:15-cv-02117-RDM Document 19 Filed 07/22/16 Page 2 of 4

and for subsequent FOIA processing as appropriate). The retrieved materials consist of
thousands of documents. At this time, Defendant is unable to provide the Court with a
date by which the FBI will transfer all of the retrieved materials to the State Department,
or information regarding the precise volume of retrieved materials that will be
transferred. Defendant expects to be able to provide the Court with more information
regarding the time line for the completion of the transfer of the retrieved materials, and
the approximate volume of materials, in the coming weeks.
The second category consists of two records of correspondence between the FBI
and the State Department regarding the investigation (Request No. 1340457). See Def.’s
Mem. at 12. The FBI is currently processing these two records to determine whether any
other exemptions apply to information contained in them and expects to release the
records, or any non-exempt portions of them, on or before August 5, 2016.
The FBI is currently evaluating whether the portions of the Third Overall and
First In Camera, Ex Parte Declaration of David M. Hardy (“Third Hardy Declaration”)
submitted in support of Defendant’s reply brief, see June 13, 2016 Minute Entry granting
Defendant’s Motion for Leave to Submit In Camera, Ex Parte Declaration (ECF No. 17),
can be filed on the public record, or whether portions of the Third Hardy Declaration
need to be redacted. Defendant expects to file a public version of the Third Hardy
Declaration (with redactions, if appropriate) on or before August 5, 2016. The classified,
in camera, ex parte declaration lodged in support of Defendant’s Motion for Summary
Judgment, see Notice of Lodging of Classified, In Camera, Ex Parte Declaration (ECF
No. 8), does not contain information relevant to whether Defendant is entitled to
summary judgment regarding the adequacy of its search for responsive records subject to

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 Case 1:15-cv-02117-RDM Document 19 Filed 07/22/16 Page 3 of 4

FOIA. Therefore, the Court does not need to review that declaration to determine the
only issue currently before it, and the declaration need not be considered for release on
the public record.
The parties are still discussing how this case should proceed in light of the
information provided above. Therefore, the parties propose to file another status report
on or before August 8, 2016 setting forth their proposal for further proceedings in this
case.
Dated: July 22, 2016

Respectfully submitted,
BENJAMIN C. MIZER
Principal Deputy Assistant Attorney General
MARCIA BERMAN
Assistant Branch Director
/s/ Jennie L. Kneedler
JENNIE L. KNEEDLER
Trial Attorney
United States Department of Justice
Civil Division, Federal Programs Branch
20 Massachusetts Ave., N.W.
Washington, D.C. 20001
Tel. (202) 305-8662
Fax (202) 616-8470
Email: Jennie.L.Kneedler@usdoj.gov
D.C. Bar # 500261
Attorneys for Defendant

/s/ Ryan S. James_______________
Ryan S. James
D.C. Bar #496272
5208 Capricorn Loop
Killeen, TX 76542
(254)289-7459
RSJamesLaw@gmail.com

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 Case 1:15-cv-02117-RDM Document 19 Filed 07/22/16 Page 4 of 4

Jeffrey L. Light
D.C. Bar #485360
1712 Eye St., NW
Suite 915
Washington, DC 20006
(202)277-6213
Jeffrey@LawOfficeOfJeffreyLight.com
Counsel for Plaintiff

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