Protect Democracy Project v. DOD, 17-cv-00842 (D.D.C.) Defendants’ Preliminary Draft Vaughn Index Defendants’ Preliminary Draft Vaughn Index This index contains descriptions of the 15 records withheld in full or in part by Defendants pursuant to FOIA Exemptions 1, 5, 6, and 7(C) and is being provided for purposes of facilitating discussion between the parties to potentially narrow issues in dispute. For ease of use, Defendants are providing information in a single index. Defendants reserve the right to submit to the Court additional information or materials in support of their exemption claims, including individual Vaughn indices, as necessary and appropriate. Doc. # Doc. ID 1-2 DOS1 C06377765 OLC2 1 Doc. Date Undated, presumed 4/6/2017 To From Subject, Title, or Doc. Type Legal Memo Exemption(s) Description of Withheld Material (b)(1)—classified information, (b)(5)—DPP, ACP, PCP3 (b)(1): This document was originally and is currently classified TOP SECRET, as it contains information regarding intelligence sources and methods, potential military plans or operations, and foreign relations or foreign activities of the U.S. government, the release of which reasonably could be expected to cause exceptionally grave damage to the national security. (b)(5): This document was prepared by an interagency group of attorneys for the purpose of providing advice and recommendations to the President and/or other senior Executive Branch officials regarding the legal basis for potential military action. The document is predecisional and deliberative with respect to military operations and foreign relations, and disclosure reasonably could be expected to chill the open and frank expression of ideas, 1 Department of State (“DOS”) Office of Legal Counsel, Department of Justice (“OLC”) 3 Deliberative Process Privilege (“DPP”), Attorney-Client Privilege (“ACP”), Presidential Communications Privilege (“PCP”) 2 1 Protect Democracy Project v. DOD, 17-cv-00842 (D.D.C.) Defendants’ Preliminary Draft Vaughn Index recommendations, and opinions that occur when Executive Branch officials develop a preferred course of action on a sensitive matter. Additionally, the document has been withheld pursuant to the attorney-client privilege to protect communications by interagency attorneys for the purpose of providing legal advice to the President and/or other senior Executive Branch officials. The document was intended to be kept confidential and that confidentiality has been maintained. The document has also been withheld pursuant to the Presidential Communications Privilege, as release of the document would reveal information about the advice the President receives from close advisers regarding sensitive matters and would reveal the process by which the President receives such advice. 3 DOD4 6-12 Undated, presumed 4/6/2017 Legal Memo (b)(1)—classified information; (b)(5)—DPP, ACP, PCP This document is a prior draft version of Doc # 1-2 (DOS C06377765/OLC 1) and is properly withheld for the reasons described above. 4 OLC 2 Undated, presumed 4/7/2017 Outline (b)(5)—DPP, ACP This document is an outline prepared by OLC for the purpose of advising the Attorney General regarding the legal bases for the April 6, 2017 U.S. military strike against the Al Shayrat airfield in Syria. The document is pre-decisional and deliberative, and disclosure reasonably could be expected 4 Department of Defense (“DOD”) 2 Protect Democracy Project v. DOD, 17-cv-00842 (D.D.C.) Defendants’ Preliminary Draft Vaughn Index to chill the open and frank expression of ideas, recommendations, and opinions that occur when Department officials develop a preferred course of action on a sensitive matter. The document was intended to be kept confidential and that confidentiality has been maintained. 5-6 DOS C06387142 DOD 4-5 Undated, presumed 4/7/2017 Press Guidance (b)(5)—DPP This document is substantially similar but not identical to the press guidance contained in Doc # 9 (OIP 0.7.12484.5431-000001). This document consists of proposed press guidance prepared for use by Executive Branch officials in addressing inquiries regarding the legal basis for the April 6, 2017 U.S. military strike against the Al Shayrat airfield in Syria. The withheld information consists of proposed guidance and a hypothetical question and proposed response. The document is pre-decisional and deliberative, as it reflects the recommendations and advice of Executive Branch employees with respect to a decision on press strategy and communications to the press that had not yet been made. Disclosure of the document reasonably could be expected to chill the open and frank expression of ideas, recommendations, and opinions that occur when Executive Branch officials develop press guidance on a sensitive matter. 3 Protect Democracy Project v. DOD, 17-cv-00842 (D.D.C.) Defendants’ Preliminary Draft Vaughn Index 7 OIP5 0.7.12484.5164000001 Undated, presumed 4/7/2017 Press Guidance (b)(5)—DPP This document is a prior draft version of Doc # 5-6 (DOS C06387142/DOD 4-5) and is properly withheld for the reasons described above. 8 DOD 13-18 4/6/2017 Proposed Public Affairs Guidance (b)(1)—classified information; (b)(5)—DPP (b)(1): This document was originally and is currently classified SECRET, as it contains information concerning contemplated military operations, the disclosure of which reasonably could be expected to cause serious damage to the national security. (b)(5): This document is a draft containing advice to Central Command officials regarding when and how to respond to inquiries from the press regarding the April 6, 2017 U.S. military strike against the Al Shayrat airfield in Syria. The document is pre-decisional, as it is not a press release, and CENTCOM officials had not yet determined their response. It is deliberative because it reflects advice on where to focus discussion and contains recommendations on how to answer anticipated questions. Disclosure of the document reasonably could be expected to seriously inhibit the candor and effectiveness of the advisers engaged in this deliberative process. 9 OIP 0.7.12484.5431000001 5 April 2017 “NSC Syria Strike Office of Information Policy, Department of Justice (“OIP”) 4 (b)(5)—DPP The withheld information consists of advice to senior Executive Branch officials regarding proposed talking points, including Protect Democracy Project v. DOD, 17-cv-00842 (D.D.C.) Defendants’ Preliminary Draft Vaughn Index Guidance Compilation” both broad issues to emphasize when publicly discussing the April 6, 2017 U.S. military strike on Al Shayrat airfield in Syria and recommendations for the specific points that should be illuminated in any such discussion. The information is predecisional, as Defendants had not yet determined their responses. It is deliberative because it reflects advice on where to focus discussion. Disclosure of the information reasonably could be expected to seriously inhibit the candor and effectiveness of the advisers engaged in this deliberative process. The withheld information also consists of proposed press guidance prepared for use by Executive Branch officials in addressing inquiries regarding the legal basis for the April 6, 2017 U.S. military strike against the Al Shayrat airfield in Syria. The withheld information consists of proposed guidance and a hypothetical question and proposed response. The information is pre-decisional and deliberative, as it reflects the recommendations and advice of Executive Branch employees with respect to a decision on press strategy and communications to the press that had not yet been made. Disclosure of the information reasonably could be expected to chill the open and frank expression of ideas, recommendations, and opinions that occur when Executive Branch officials develop press guidance on a sensitive matter. 5 Protect Democracy Project v. DOD, 17-cv-00842 (D.D.C.) Defendants’ Preliminary Draft Vaughn Index 10 DOD 1-3 April 2017 11 OIP 0.7.12484.5041 4/7/2017 12 OIP 0.7.12484.5043 4/7/2017 Crowell James (ODAG); Gauhar, Tashina (ODAG); Weinsheimer, Bradley (NSD);McCord , Mary (NSD); Prior, Ian (OPA); Flores, Sarah Isgur (OPA); Swartz, Bruce; Gannon, Curtis E. (OLC); Wiegmann, Brad (NSD); Hardee, Christopher (NSD) Raimondi, Marc (OPA) Crowell James (ODAG); Gauhar, Tashina (ODAG); Raimondi, Marc (OPA) “NSC Chemical Weapons Use Guidance” (b)(5)—DPP “UPDATED NSC SYRIA GUIDANCE AS OF 04/07/2017 10:46AM” (b)(5)—DPP; (b)(6)—personal privacy; (b)(7)(C)—law enforcement/ intelligence personal privacy The withheld information consists of substantially similar but not identical proposed talking points contained in Doc # 9 (OIP 0.7.12484.5431-000001) and is properly withheld for the reasons described above. This document is an email containing the same proposed press guidance contained in Doc # 9 (OIP 0.7.12484.5431-000001). (b)(5): This withheld information is protected by the deliberative process privilege for the reasons described above for Doc # 9. The sender was disseminating the information internally within DOJ. (b)(6), (b)(7): This email contains the name of a federal employee which is protected under Exemptions 6 and 7(C). These exemptions protect certain individuals from unwarranted invasions of personal privacy and law enforcement/intelligence personnel. “NSC SYRIA Update and Reaction Compilation 6 (b)(5)—DPP (b)(6)—personal privacy; (b)(7)(C)—law enforcement/ This document is an email containing the same proposed talking points contained in Doc # 10 (DOD 1-3) and the same proposed press guidance contained in Doc # 9 (OIP 0.7.12484.5431-000001). Protect Democracy Project v. DOD, 17-cv-00842 (D.D.C.) Defendants’ Preliminary Draft Vaughn Index 4/7/2017 11:47AM” Weinsheimer, Bradley (NSD);McCord , Mary (NSD); Prior, Ian (OPA); Flores, Sarah Isgur (OPA); Swartz, Bruce; Gannon, Curtis E. (OLC); Wiegmann, Brad (NSD); Hardee, Christopher (NSD) 13 OIP 0.7.12484.5047 4/7/2017 Crowell James (ODAG); Gauhar, Tashina (ODAG); Weinsheimer, Bradley (NSD);McCord , Mary (NSD); Prior, Ian (OPA); Flores, Sarah Isgur (OPA); Swartz, Bruce; Gannon, Curtis E. (OLC); Wiegmann, Brad (NSD); intelligence personal privacy (b)(5): This withheld information is protected by the deliberative process privilege for the reasons described above for Doc # 9. The sender was disseminating the information internally within DOJ. (b)(6), (b)(7): This email contains the name of a federal employee which is protected under Exemptions 6 and 7(C). These exemptions protect certain individuals from unwarranted invasions of personal privacy and law enforcement/intelligence personnel. Raimondi, Marc (OPA) “Re: Additional Updated NSC Guidance” 7 (b)(5)—DPP; (b)(6)—personal privacy; (b)(7)(C)—law enforcement/ intelligence personal privacy This document is an email containing the same proposed talking points contained in Doc # 10 (DOD 1-3) and provisional proposed press guidance. (b)(5): This withheld information is protected by the deliberative process privilege. The proposed talking points are properly withheld for the reasons described above for Doc # 9. The remaining withheld information consists of provisional proposed press guidance to Executive Branch officials for use in addressing inquiries regarding the legal basis for the April 6, 2017 U.S. military strike against the Al Shayrat airfield in Syria. The document is pre-decisional, as Defendants had not yet determined their responses. It is deliberative because it Protect Democracy Project v. DOD, 17-cv-00842 (D.D.C.) Defendants’ Preliminary Draft Vaughn Index Hardee, Christopher (NSD) reflects the recommendations and advice of Executive Branch employees. Disclosure of the document reasonably could be expected to chill the open and frank expression of ideas, recommendations, and opinions that occur when Executive Branch officials develop press guidance on a sensitive matter. The sender was disseminating the information internally within DOJ. (b)(6), (b)(7): This email contains the name of a federal employee which is protected under Exemptions 6 and 7(C). These exemptions protect certain individuals from unwarranted invasions of personal privacy and law enforcement/intelligence personnel. 14 DOS C06387135 Undated Questions and Answers 8 (b)(5)—DPP, ACP This document consists of proposed guidance for responding to questions from Congress regarding the legal basis for the April 6, 2017 U.S. military strike against the Al Shayrat airfield in Syria, including proposed responses to hypothetical questions. The document is pre-decisional and deliberative with respect to a final decision on how to respond to questions from Congress, disclosure of which reasonably could be expected to chill the open and frank expression of ideas, recommendations, and opinions that occur when DOS officials develop guidance on a sensitive matter. The information is also withheld pursuant to the attorney-client privilege to protect communications between attorneys and their clients within DOS for Protect Democracy Project v. DOD, 17-cv-00842 (D.D.C.) Defendants’ Preliminary Draft Vaughn Index the purpose of providing legal advice. The communication was intended to be kept confidential and that confidentiality has been maintained. 15 DOS C06387138 Undated Questions and Answers 9 (b)(5)—DPP, ACP This document consists of proposed guidance for responding to questions from Congress regarding the legal basis for the April 6, 2017 U.S. military strike against the Al Shayrat airfield in Syria, including proposed responses to hypothetical questions. The document is pre-decisional and deliberative with respect to a final decision on how to respond to questions from Congress, disclosure of which reasonably could be expected to chill the open and frank expression of ideas, recommendations, and opinions that occur when DOS officials develop guidance on a sensitive matter. The information is also withheld pursuant to the attorney-client privilege to protect communications between attorneys and their clients within DOS for the purpose of providing legal advice. The communication was intended to be kept confidential and that confidentiality has been maintained.