From:
Subject:
Date:
To:

Mallory, Arnetta (NSD) Arnetta.Mallory@usdoj.gov
NSD FOIA request #17-240 Evers
August 17, 2017 at 12:15 PM
American Oversight FOIA foia@americanoversight.org

Austin R. Evers
Executive Director
American Oversight
Re: FOIA/PA #17240
Dear Mr. Evers:
This is in acknowledgement to your email dated July 19, 2016, seeking 1. All
communications from Chief of Staff Jody Hunt to anyone in the National Security Division
(NSD) that discuss any ongoing investigation and in which Mr. Hunt express any views
regarding the outcome of the investigation, including, but not limited to, stating or
directing that the investigation should end in a particular outcome; or stating or implying
that a particular outcome would be preferable, better, easier, or more palatable, including
that a particular outcome would be preferable for litigation, policy, optical, or other
reasons; and any responses thereto; 2. All communications from Counselor to the
Attorney General Rachael Tucker to anyone in the NSD that discuss any ongoing
investigation and in which Ms. Tucker express any views regarding the outcome of the
investigation, including, but not limited to, stating or directing that the investigation should
end in a particular outcome; or stating or implying that a particular outcome would be
preferable, better, easier, or more palatable, including that a particular outcome would be
preferable for litigation, policy, optical, or other reasons; and any responses thereto; 3.
Any communications between or including employees within NSD discussing how to
respond to any communications responsive to Items 1 or 2, or how to respond to any
comparable oral communications. Please search NSD employees likely to have any
responsive records, including, but not limited to, Acting Assistant Attorney General Mary
McCord; Acting Assistant Attorney General Dana Boente; the Chief of Staff for the NSD;
the Principal Deputy Assistant Attorney General; any Deputy Assistant Attorney General;
or any appointee serving in the NSD as a non-career member of the Senior Executive
Service, a Schedule C appointee, or temporary political appointment; 4. Any
communications to employees of the NSD addressing any communications responsive to
Items 1 and 2 or comparable oral communications. Our FOIA office received your
Freedom of Information request on July 20, 2016.
For your information, Congress excluded three discrete categories of law
enforcement and national security records from the requirements of the FOIA. See 5
U.S.C. § 552(c) (2006 & Supp. IV (2010). This response is limited to those records that
are subject to the requirements of the FOIA. This is a standard notification that is given
to all our requesters and should not be taken as an indication that excluded records do,
or do not, exist.
Any records that the National Security Division may have in response to your
request are exempt from disclosure under the Freedom of Information Act. Access to the
records which you are seeking has been denied pursuant to 5 U.S.C. 552:
(b)(7)(A), which permits the withholding of records or information compiled for law

 (b)(7)(A), which permits the withholding of records or information compiled for law
enforcement purposes, but only to the extent that the information could reasonably be
expected to interfere with enforcement proceedings.
The citation of the above exemption is not to be construed as the only
exemption which may be available under the Freedom of Information Act.
If you are not satisfied with my response to this request, you may
administratively appeal by writing to the Director, Office of Information Policy (OIP),
United States Department of Justice, Suite 11050, 1425 New York Avenue, NW,
Washington, DC 20530-0001, or you may submit an appeal through OIP's FOIAonline
portal by creating an account on the following web site:
https://foiaonline.regulations.gov/foia/action/public/home. Your appeal must be
postmarked or electronically transmitted within 90 days of the date of my response to
your request. If you submit your appeal by mail, both the letter and the envelope should
be clearly marked "Freedom of Information Act Appeal."
Sincerely,

Arnetta Mallory
Government Information Specialist

 From:
Subject:
Date:
To:

Mallory, Arnetta (NSD) Arnetta.Mallory@usdoj.gov
American Oversight v. DOJ (D.D.C.) NSD FOIA 17-240
April 13, 2018 at 1:04 PM
American Oversight FOIA foia@americanoversight.org

Austin R. Evers
Executive Director
American Oversight
Re: FOIA/PA #17240
Dear Mr. Evers:
This is in reference to email dated July 19, 2016 pertaining to 1. All
communications from Chief of Staff Jody Hunt to anyone in the National Security Division
(NSD) that discuss any ongoing investigation and in which Mr. Hunt express any views
regarding the outcome of the investigation, including, but not limited to, stating or
directing that the investigation should end in a particular outcome; or stating or implying
that a particular outcome would be preferable, better, easier, or more palatable, including
that a particular outcome would be preferable for litigation, policy, optical, or other
reasons; and any responses thereto; 2. All communications from Counselor to the
Attorney General Rachael Tucker to anyone in the NSD that discuss any ongoing
investigation and in which Ms. Tucker express any views regarding the outcome of the
investigation, including, but not limited to, stating or directing that the investigation should
end in a particular outcome; or stating or implying that a particular outcome would be
preferable, better, easier, or more palatable, including that a particular outcome would be
preferable for litigation, policy, optical, or other reasons; and any responses thereto; 3.
Any communications between or including employees within NSD discussing how to
respond to any communications responsive to Items 1 or 2, or how to respond to any
comparable oral communications. Please search NSD employees likely to have any
responsive records, including, but not limited to, Acting Assistant Attorney General Mary
McCord; Acting Assistant Attorney General Dana Boente; the Chief of Staff for the NSD;
the Principal Deputy Assistant Attorney General; any Deputy Assistant Attorney General;
or any appointee serving in the NSD as a non-career member of the Senior Executive
Service, a Schedule C appointee, or temporary political appointment; 4. Any
communications to employees of the NSD addressing any communications responsive to
Items 1 and 2 or comparable oral communications. Your case was remanded to the
National Security Division to conduct an additional search for possible responsive
documents. Our FOIA office received your initial Freedom of Information request on July
20, 2016.
For your information, Congress excluded three discrete categories of law
enforcement and national security records from the requirements of the FOIA. See 5
U.S.C. 552(c) (2006 & Supp.IV (2010). This response is limited to those records that are
subject to the requirements of the FOIA. This is a standard notification that is given to all
our requesters and should not be taken as an indication that excluded records do, or do
not, exist.
This office conducted a file search of the National Security Division. We did not
locate any responsive records subject to FOIA.
Although your request is the subject of ongoing litigation, and administrative

Although your request is the subject of ongoing litigation, and administrative
appeals are not ordinarily acted upon in such situations, I am required by statute and
regulation to inform you of your right to file an administrative appeal. You may
administratively appeal by writing to the Director, Office of Information Policy (OIP),
United States Department of Justice, Suite 11050, 1425 New York Avenue, NW,
Washington, DC 20530-0001, or you may submit an appeal through OIP's FOIAonline
portal by creating an account on the following web site:
https://foiaonline.regulations.gov/foia/action/public/home. Your appeal must be
postmarked or electronically transmitted within 90 days of the date of my response to
your request. If you submit your appeal by mail, both the letter and the envelope should
be clearly marked "Freedom of Information Act Appeal."
Additionally, you may contact the Office of Government Information Services
(OGIS) at the National Archives and Records Administration to inquire about the FOIA
mediation services they offer. The contact information for OGIS is as follows: Office of
Government Information Services, National Archives and Records Administration, 8601
Adelphi Road-OGIS, College Park, Maryland 20740-6001, e-mail at ogis@nara.gov;
telephone at 202-741-5770; toll free at 1-877-684-6448; or facsimile at 202-741-5769.

Sincerely,
Arnetta Mallory
Government Information
Specialist