U.S. Department of Justice Office of Information Policy Suite 11050 1425 New York Avenue, NW Washington, DC 20530-0001 Telephone: (202) 514-3642 April 27, 2018 Re: Ms. Wendy Weiser Brennan Center for Justice 120 Broadway, Suite 1750 New York, NY 10271 weiserw@brennan.law.edu DOJ-2017-004083 (OLP) DOJ-2017-004291 (AG) DOJ-2017-004292 (DAG) DOJ-2017-004293 (ASG) DOJ-2017-005582 (AG) DOJ-2017-005734 (DAG) DOJ-2017-005735 (ASG) DOJ-2017-005736 (OLP) DOJ-2017-005737 (OIP) 17-cv-06335 (S.D.N.Y.) VRB:CJOK:BPF Dear Ms. Weiser: This is a final response to your Freedom of Information Act (FOIA) requests dated and received in this Office on May 15, 2017 and July 25, 2017, in which you requested records pertaining to (1) the Presidential Advisory Commission on Election Integrity (the Commission), and (2) communications and documents involving the use of specific databases and activities of the Commission. This response is made on behalf of the Offices of the Attorney General (OAG), Deputy Attorney General (ODAG), Associate Attorney General (OASG), Legal Policy (OLP), and Information Policy (OIP). In addition, while processing your request, the Office of Legal Counsel referred material to this Office for processing and direct response to you; this referred material has been processed as part of this response. On January 31, 2018, and March 30, 2018, we provided you with interim responses to your requests. At this time, I have determined that an additional ninety-eight pages containing records responsive to your requests are appropriate for release with excisions made pursuant to FOIA Exemptions 5 and 6, 5 U.S.C. § 552(b)(5) and (b)(6), and copies are enclosed. Exemption 5 pertains to certain inter- and intra-agency communications protected by civil discovery privileges. Exemption 6 pertains to information the release of which would constitute a clearly unwarranted invasion of the personal privacy of third parties. Please note that some of the enclosed records contain yellow highlighting that was present on the records as located by this Office; this highlighting was not made as part of our FOIA review for this response. Moreover, the enclosed pages contain records which are not responsive to your request, and/or which are duplicative. These records have not been processed, and are marked accordingly. -2Furthermore, 11,691 pages containing records responsive to your request are being withheld pursuant to Exemption 5 of the FOIA. Please be advised that a significant portion of the pages being withheld in full consist of duplicative material, including voluminous drafts. In one of your request letters, you also seek records “describing the processing of this request.” By definition, no such records existed at the time of your request. Please be advised that the FOIA provides a right of access to agency records that exist and can be located in federal agency files. The FOIA does not require agencies to create new records in response to a FOIA request, or to be subject to a conceivably endless cycle of processing records that do not exist at the time of the request and that would only be created in response to the very request that seeks them. 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) (2015) (amended 2016). 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. If you have any questions regarding this response, please contact Casey Kyung-Se Lee, Assistant United States Attorney for the Southern District of New York at 212-637-2714. Sincerely, Vanessa R. Brinkmann Senior Counsel Enclosures Troester, Robert J. (ODAG) From: Troester, Robert J. (ODAG) Sent: Wednesday, September 13, 2017 2:52 PM To: Tucker, Rachael Gore, John (CRT) Cc: Raman, Sujit (ODAG) Subject: DAG QFRs re Election Integrity Commission John 8; Rachael: Thanks, Bob (IIAX Kilmer 10) In .\Iay 2017, President Trump issued an executive order that established the Presidential Advisory Commission on Election Integrity. a. ?hat role did the Attorney General andfor the Deputy Attorney General have advising on the creation of this Commission or the drafting of this Executive Order? 1). ?ill the Department commit to not spending any of its resources on the operation of the Commission, including but not limited to, providing facilities or office space, funding for staff or facilities, travel expenses, or other costs associated with the commission? SEN-ATE - Leahy 12) The President?s .\Ia_v 11, 2017, Executive Order created a Presidential Advisory Commission on Election Integrity. Rather than protecting the right to vote in this country this commission seems directed at ?nding cases of voter fraud and impersonation which are very rare and much less common than voter disenfranchisemeut through strict voter ID laws. Document ID: 011436120937 20180226-0000394 a. What role did you and other Justice Department employees play in writing the May 11 Executive Order? b. \Vere career attomeys in the Civil Rights Dixision consulted? If not, Why? c. The Executive Order says the commission ?shall have staff to pro?de support for its functions." Has the Justice Department prodded any staff to work full- or part-time for the commission? d. ?ill the commission need congressional appropriations and if so how much has the administration sought in funding, Whether at DOJ or elsewhere in the executive branch? e. How much has been spent so far on the commission and what is its expected budget? (5.) Document ID: 0.7.14361.20937 20180226-0000395 Treene, Eric (CRT) From: Treene, Eric (CRT) Sent: Wednesday, August 23,2017 3:15 PM To: Troester, Robert J. (ODAG) Cc: Gore, John Moossy, Robert (CRT) Subject: RE: Assistance with QFRS r_u 13) (5) HI ?1 From: Troester, Robert J. (ODAG) Sent: Tuesday, August 22, 2017 9:44 AM To: Gore, John (CRT) (6) ;Treene, Eric (CRT) (6) :Moossy. Robert (6) Subject: Assistance with QFRs 2. (IL-XX Coons 12) The FBI reported that hate crimes targeting )Iuslims increased by 67% in 2015. ?hat resources has the Department of Justice relied upon to address rapid, documented increases in crimes? (5) 20180226-0002905 Document ID: 0.7.14361.22559 10. (EL-IX - Feinstein Zle) In the time since you submitted your responses to my questions on voting rights, President Trump has established a Presidential Advisory Commission on Election Integrity. The Administration claims the purpose of this Commission is "to promote fair and honest Federal elections." The Department also released 3 Fiscal Year 2018 Budget and Performance Summary. The 2018 Strategy" for the Civil Rights Division states the following m'th respect to voting rights: "The Department still continue to protect voting rights through efforts to detect and investigate voting practices that violate federal laws, through affirmative litigation to enjoin such practices, and through the monitoring of elections all throughout the country each year." The FY 2018 Strategy makes no reference to investigating allegations of voter suppression or to ensuring that all of those eligible to vote are not disenfranchised. In light of the Justice Department?s resources and expertise, do you believe that this . 5? ll. Feinstein Zli) ?hat ?ill the Civil Rights Din'sion do to ensure that all of those eligible to vote are not disenfranchised? Document ID: 0.7.1436122559 20180226-0002906 Troester, Robert .I. (ODAG) From: Troester, Robert J. (ODAG) Sent: Wednesday, August 23, 2017 7:27 AM To: Ferrato, Katherine M. (ODAG) Subject: Fwd: Questions for the Record: Budget-Related Responses (Senate) (5) Begin forwarded message: From: "Ferrato, Katherine M. Cc: "Troester, Robert J. Subject: Re: Questions for the Record: Budget-Related Responses (Senate) Not at all. Thank you for the quick turnaround! On Aug 22, 2017, at 11:28 PM, Raman, Sujit (ODAG) wrote: Hi Katie, v, Feinstein 21(e) In the time since you submitted your responses to my questions on voting rights, President Trump has established a Presidential Advisory Commission on Election Integrity. The Administration claims the purpose of this Commission is "to promote fair and honest Federal elections." The Department also released a Fiscal Year 2018 Budget and Performance Summary. The 2018 Strategy" for the Civil Rights Division states the following with respect to voting rights: "The Department will continue to protect voting rights through efforts to detect and investigate voting practices that violate federal laws, through af?rmative litigation to enjoin such practices, and through the monitoring of elections all throughout the country each year." The FY 2018 Strategy makes no reference to investigating allegations of voter suppression or to ensuring that all of those eligible to vote are not disenfranchised. In light of the Justice Department?s resources and expertise, do you believe that this Commission is necessary ?to promote fair and honest Federal elections?? Document ID: 0.7.14361.22557 20180226-0002911 Leahy 12(d) The President's )Iav 11, 2017, Executive Order created a Presidential Advisory Commission on Election Integrity. Rather than protecting the right to vote in this country this commission seems directed at ?nding cases of voter fraud and impersonation which are very rare and much less common than voter disenfranchisement through strict voter ID laws. ?in the commission need congressional appropriations and if so how much has the administration sought in funding, Whether at DOJ or elsewhere in the executive branch? Leahy 12(9) How much has been spent so far on the commission and What is its expected budget? Shelby 2(a) Shelby (5) Document ID: 0.7.14361.22557 20180226-0002912 Ferrato, Katherine M. (ODAG) From: Ferrato, Katherine M. (ODAG) Sent: Wednesday, August 09, 2017 12:56 PM To: Raman, Sujit (ODAG) Subject: RE: Message notification: Voice message from Katherine Ferrato 2025144680 (5) From: Ferrato, Katherine M. (ODAG) Sent: Wednesday, August 9, 2017 12:17 PM To: Raman, Sujit (ODAG) Subject: RE: Message notification: Voice message from Katherine Ferrato 2025144680 HI 51,: (5) a. ?hat role did the Attomey General and/or the Deputy Attorney General have adn'sing on the creation of this Commission or the drafting of this Executive Order? b. the Department commit to not spending any of its resources on the operation of the Commission, including but not limited to, providing facilities or of?ce space, funding for staff or facilities, travel expenses, or other costs associated with the commission? From: Raman, Sujit (ODAG) Sent: Tuesday, August 8, 2017 2:43 PM To: Ferrato, Katherine M. Subject: RE: Message notification: Voice message from Katherine Ferrato 2025144680 aere are some draft resznc?nses: l. \Vere you consulted by President Trump or anyone in the Trump Administration about the establishment of the Presidential Advisory Commission on Election Integrity? Document ID: 0.7.14361 .19927 20180226-0005211 l. ?hat role did you and other Justice Department employees play in writing the May 11 Executive Order? l. The Executive Order says the commission ?shall have staff to provide support for its functions.? Has the Justice Department provided any staff to work full- or part~time for the commission? I24 II. fy' It?z?wC mgr: Toasts From: Ferrato Katherine M. (ODAG) Sent: Tuesday, August 8, 2017 11:16 AM To: Raman, Sujit mm: 3nd. Subject: RE: Message notification: Voice message from Katherine Ferrato 2025144680 ~iz?3 r-t Document ID: 0.7.14361.19927 20180226-0005212 From: :errato, Katherine M. (ODAG) Sent: :nday, August 4, 2017 12:51 0M To: Raman, Sum (ODAG) <2 Subject: RE: Message notificauon: Vonce message from Katherine Ferrato 2025144680 (5) Document ID: 0.7.14361.19927 20180226-0005213 Fomto? Katherine M. From: Ferrato, Katherine M. (ODAG) Sent: Tuesday, August 8, 2017 4:33 PM To: Raman, Sujit (ODAG) Subject: RE: Message noti?cation: Voice message from Katherine Ferrato 2025144680 Great, thanks From: Raman, Sujit (ODAG) Sent: Tuesday, August 8, 2017 4:32 PM To: Ferrato, Katherine M. (ODAG) Subject: Re: Message noti?cation: Voice message from Katherine Ferrato 2025144680 Yes. On Aug 8. 2017, at 4:00 PM, Ferrato, Katherine M. (ODAG) wrote: Thanks, Sujitl From: Raman, Sujit (ODAG) Sent: Tuesday, August 8, 2017 2:43 PM To: Ferrato. Katherine M. (ODAG) Sub - RE: Messa noti?cation: Voice messa from Katherine Ferrato 2025144680 Duplicative Material Documert ID: 0.7.14361.12420 20180226000536?) Troester, Robert J. (ODAG) From: Troester, Robert J. (ODAG) Sent: Thursday, August 03, 2017 9:08 AM To: Raman, Sujit (ODAG) Subject: RE: URGENT: DAG QFRs from 6/13/17 House and Senate Appropriations Hearing Also. the follouing Senate questions relate to the same 130. (111(5) 0 Page 23 In the time since you submitted your responses to my questions on voting rights, President Trump has established a Presidential Advisory Commission on Election Integrity The Administration claims the purpose of this Commission is "to promote fair and honest Federal elections.? The Department also released a Fiscal Year 2018 Budget and Performance Summan The 2018 Strategy" for the Civil Rights Division states the follouing With respect to voting rights: ?The Department ?ill continue to protect voting rights through e?o?s to detect and investigate voting practices that violate federal laws: through af?rmative litigation to enjoin such practices: and through the monitoring of elections all throughout the country each year" The FY 2018 Strategy makes no reference to investigating allegations of voter suppression or to ensuring that all of those eligible to vote are not disenfranchised 1. Were you consulted by President Trump or anyone in the Trump Administration about the establishment of the Presidential Advisory Commission on Election Integrity? Page 28?29 - (5) Voting Rights The Presidents May 11, 2017: Executive Order created a Presidential Advisory Commission on Election Integrity. Rather than protecting the right to vote in this country this commission seems directed at ?nding cases of voter fraud and impersonation which are very rare and much less common than voter disenfranchisement through strict voter ID laws. 1. \Vhat role did you and other Justice Department employees play in writing the May 11 Executive Order'.? 2. \Vere career attorneys in the Civil Rights Division consulted.7 If not: why? Document ID: 0.7.14361.19900 20180226-0007580 3.. The Executive Order says the conmiission "shall have sta? to provide support for its functions': Has the Justice Department prodded any sta?" to work full? or part-time for the conmrission?? 4. Do you think the rare incidences of voter fraud and impersonation merit the creation of this commission" From: Troester, Robert J. (ODAG) Sent: Thursday, August 3, 2017 8:25 AM To: Raman, Sujit (ODAG) Subject: FW: URGENT: DAG QFRs from 6/13/17 House and Senate Appropriations Hearing Importance: High Sujuit: (5) Page 13, of House questions (XL-XX Kilmer 10:) In May 201-; President issued an executive order that established the Presidential Advisory Commission on Election integrity. a 'What role did the Attorney General and or the Deputy Attorney General have advising on the creation of this Commission or the dra?ing of this Executive Order? (5) b. \\'ill the Department commit to not spending any of its resources on the operation of the Commission including but not limited to: prodding facilities or of?ce space: funding for staff or facilities: travel expenses: or other costs associated with the conunission'7 Cb) (5) Document ID: 0.7.14361.19900 20180226-0007581 Readler, Chad A. (CIV) From: Readler, Chad A. (CIV) Sent: Thursday, August 03, 2017 8:50 AM To: Hunt, Jody Tucker, Rachael Brand, Rachel Panuccio, Jesse (OASG) Subject: OAG Agenda Here's the agenda I'm proposmg fortoday?s meeting with the AG, which Civil is exoted to host. (13) (5) Chad A. Readler Acting Assistant Attorney General, Civil Division U.S. Department of Justice (6) Document ID: 0.7.14361.12663 20180226-0007584 Tyson, Jill C. (OLA) From: Tyson, Jill C. (OLA) Sent: Wednesday, August 2, 2017 12:15 PM To: Wilson, Karen Escalona, Prim (OLP) Subject: Presidential Advisory Commission on Election Integrity - Wray QFR 1. President Trump rec ently announced the fonnation of a Presidential Advisory Commission on Election Integrity a. Do you believe that voter fraud occurs on a large scale in the baked States? b. Do you believe that 3 to 5 million votes were cast fraudulently in the 2016 election? If your answer to either of these question is yes, What is the speci?c evidence that supports your belief? (5) C. Tyson Deputy Assistant Attorney General Office of Legislative Affairs U.S. Department ofJustice (202) 514-3597 7' Document ID: 01143616203 20180226-0008289 White House Press Of?ce From: White House Press Office Sent: Tuesday, August 1, 2017 4:49 PM To: Hankey, Mary Blanche (OAG) Subject: Press Briefing by Press Secretary Sarah Sanders, 8/1/2017, #4 THE WHITE HOUSE Office of the Press Secretary For Immediate Release August 1, 2017 PRESS BRIEFING BY PRESS SECRETARY SARAH SANDERS James S. Brady Press Briefing Room 2:26 P.M. EDT MS. SANDERS: All smiles, all the time. Good afternoon. Good afternoon. MS. SANDERS: Somebody is polite out there. (Laughter.) In about an hour, the President will join Small Business Administrator Linda McMahon and his daughter Ivanka for a special event highlighting the role small businesses play as major drivers 0 our economy. Around 58 million people are employed by small businesses around the country, accounting for nearly half of the United States employment. That?s 58 million individuals whose families count on small businesses to keep food on the table, send their children to college, or save for the future. And that?s why we have an entire agency led by an incredibly successful businesswoman, dedicated specifically to promoting small businesses. During the last administration, small business found themselves under assault from a federal government that seemed determined to keep piling on regulations and compliance requirements until it became impossible to keep their doors open. Obamacare?s mandate saddled many with healthcare costs they simply couldn?t afford, and every year these business owners see new additions to the tax code that force them to spend additional time and monev to file. The President is committed to ending these anti- Document ID: 01143613567 20180226-0008394 growth policies and unleashing the American economy. We will continue to work with Congress to repeal Obamacare?s oppressive mandates. And along with our partners in Congress, we will deliver bold tax reform that provides relief for middle?income individuals, more competitive model for businesses, and a simplification for everyone. And we will continue the President?s ambitious plans to eliminate unnecessary regulations which disproportionately affect small businesses. We look forward to hearing from the small businesses this afternoon about how the Trump administration can continue to be an advocate for them. And with that, we'll keep it short today, and I?ll take your questions now. Alex. I wanted to ask about a comment Senator Lindsay Graham mad this morning. He said it was wrong that there?s no good military option regarding North Korea. He said there?s a military option to destroy North Korea?s program and North Korea itself. Would the White House be supportive of that option? MS. SANDERS: I?m sorry? Would the White House be supportive of that option to destroy North Korea?s program and North Korea itself? (Phone interruption.) MS. SANDERS: Is somebody lost? Are those directions? Sorry, just keep hearing somebody?s phone talking or something. Yeah, it?s very distracting. Lindsay Graham said that the only military option against North Korea is to destroy North Korea?s program and North Korea itself. MS. SANDERS: Look, the President obviously has been very outspoken about how he feels about North Korea. We?re weighing all options, keeping all options on the table. And as we've said many times before, we?re not going to broadcast what we?re going to do until that happens. (Inaudible) option? MS . SANDERS: I sorry? So destroying the country like Lindsay Graham says is an option? MS. SANDERS: Look, that?s not what I?m saying. What I'm sayin Document ID: 0.7.14361.9567 20180226-0008395 is the President has been very outspoken about the need to stop Nort Korea. We?ve been very focused on stopping the nuclear program, stopping the missiles, stopping the aggression. That still continue to be the focus, and we?re keeping those -- all options on the table in order to do that. Sarah, according to the Washington Post, the President tried to change the narrative of what went down in Don Jr.?s meeting with the Russian lawyer. Can you address that story and tell us, di the President really try to do that? MS. SANDERS: Look, the statement that Don Jr. issued is true. There's no inaccuracy in the statement. The President weighed in as any father would, based on the limited information that he had. Thi is all discussion, frankly, of no consequence. There was no follow- up. It was disclosed to the proper parties, which is how the New York Times found out about it to begin with. The Democrats want to continue to use this as a PR stunt and ar doing everything they can to keep this story alive and in the papers every single day. The President, the American people -- they voted America first, not Russia first, and that's the focus of our administration. John. Can you clarify the degree to which the President weighed in? MS. SANDERS: He certainly didn't dictate, but he like I said, he weighed in, offered suggestion like any father would do. Did he not know what the intelligence was MS. SANDERS: Steven. I want to follow up on that. Was he aware at the time tha Don Jr. had had a meeting that was based on the pretext that he woul be promised information that was negative about Hillary Clinton when he suggested that the statement only say that the meeting was primarily about Russian adoption policy? MS. SANDERS: Like I said, the statement that was issued was true, and there were no inaccuracies in the statement. I think what the bigger question is everybody wants to try and make this some story about "misleading.'I The only thing I see misleading is a year?s worth of stories that have been fueling a false narrative about this Russia collusion, and a phony scandal based on anonymous sources. And I think that is -- if we?re going to talk about misleading, that?s that only thing misleading I see in this entire process. You -..- - ..- Document ID: 0.7.14361.9567 20180226-0008396 guys are LUCUSBU on meeting UOIL UL. Ildu 110 CUILSBQUBIICB wnen the Democrats actually colluded with a foreign government like Ukraine. The Democrat-linked firm, Fusion GPS, actually took money from the Russian government while it created the phony dossier that? been the basis for all of the Russia scandal fake news. And if you want to talk further about a relationship with Russia, look no further than the Clintons. As we?ve said time and time again -- But you won, Sarah. MS. SANDERS: -- Bill Clinton was paid half-a-million dollars give a speech to a Russian bank and was personally thanked by Putin for it. Hillary Clinton allowed one-fifth of America?s uranium reserve to be sold to a Russian firm whose investors were Clinton Foundation donors, and the Clinton campaign chairman?s brother lobbied against sanctions on Russia's largest bank and failed to report it. If you guys want to talk about having relations, which you seem obsessed with doing, look no further than there. If you want to talk about somebody who has actually been tough on Russia, look at President Trump. He wants more fracking, more coal, more energy, a stronger military, a stronger defense. Those things aren?t good for Russia. I think the distinctions are very clear, and you guys want to create a narrative that just doesn?t exist. Sarah -- Sarah -- MS. SANDERS: Hey, guys -- Why hasn't the President signed the Russia bill? MS. SANDERS: Glenn, go ahead. Sarah, sort of a follow?up on what you were talking about our obsession with Russia and the responsibility laying with the Clintons. There's a report out today, based on a lawsuit that was filed, that says that Sean Spicer met with a campaign donor and a journalist from Fox News where they were pushing around this story that Seth Rich, this low?ranking DNC staffer that was murdered, was perhaps the one responsible for the WikiLeaks breach. Two questions. Sean put out a statement; he said it was just a brief meeting. He said the guy didn't know the President. The lawsuit alleges that the President knew about it and had an influenc on the story. Did the President know about the story, pre- publication, and did he have an influence on the way the story was written? MS. SANDERS: The President had no knowledge of the story, and it's completely untrue that here at -- the White House involvement i the storv. And bevond that. this is ongoing litigation. and I'd Document ID: 0.7.14361.9567 20180226-0008397 refer you to the actual parties involved, which aren't the White House. To follow up, does it disturb you that the Press Secretary for the President of the United States -- you just gave this incredibly passionate pushback on us for focusing on Russia. Does i disturb you -- you just sped right past this -- does it disturb you that there's an allegation out there and a lawsuit, and Sean Spicer admitted meeting with these two individuals, that this was discussed in your White House? That this particular MS. SANDERS: He met with members of the media. I don't find that to be a strange thing. He met with a member of the media that was pushing -- MS. SANDERS: You guys are all members of the media. He was pushing a story that was later retracted because it was false. He met with that reporter and he met with a campaign donor. Does it disturb you? Does it say anything about this White House, if you entertain that kind of story? MS. SANDERS: It doesn?t bother me that the Press Secretary would take a meeting with somebody involved in the media about a story. None of that was disclosed. They had a conversation and tha was the end of it. You guys come to us with stories all day. I've taken meetings with the majority of the people in this room. I don? always know the nature of the story of which you're coming to talk me about. But it's my job to talk to you, to listen. And I'm responding. The President didn?t have knowledge of this story. The White House didn?t have any involvement in the story. And beyond that, it's ongoing litigation that doesn?t involve anybody in the building, and so I'd refer you to the parties that it does. Sarah, I have two questions for you, because I want to follow up on something you said yesterday, after my first question. You were on that flight back from the 620. Did you advise the President to be truthful in that statement that he was helping -- MS. SANDERS: I wasn?t part of the conversation regarding the statement. You were not in the room at the time, or in the area at th time? MS. SANDERS: I was in the air. I was on the plane, but I wasn?t part of the conversation, so I can't speak to anything beyond that part. Yesterday, you said that the President was joking about hi comments, putting suspects' heads -- telling police officers they shouldn?t cover their heads in putting them in the car. Was he Document ID: 0.7.14361.9567 20180226-0008398 making a joke about police brutality? MS. SANDERS: Not at all. I think you guys are jumping and trying to make something out of nothing. He was simply making a comment, making a joke. And it was nothing more than that. Sarah, what's so funny? What's funny about that, Sarah? Should he apologize for that joke? On that same issue, the head of the DEA wrote immediately after the President made those remarks -- to officers of the DEA -- telling them to disregard them, and saying he had an obligation to speak up when something wrong happened. MS. SANDERS: It wasn?t a directive. It was a joke. There's a very big difference. So why was that not clear -- MS. SANDERS: Olivier. Has the President signed the Russia, North Korea, and Iran sanctions bill? MS. SANDERS: I'm sorry, has he signed it? Yes. MS. SANDERS: He has notstatement earlie this week, he will. And we'll let you know when the details and final plan -- What's the delay? What's the delay here? You guys have had this since Friday. What's holding him back? MS. SANDERS: There's nothing holding him back. There's a review process, a legal process. They're going through that, and he'll sign the bill and we'll let you guys know. Margaret. Thanks, Sarah. I had two questions. The first is, there' a really interesting story out, just before the briefing began, by Defense One, talking about Air Force One, and it says that the 0.8. Air Force has found an alternative to get the price down, as President Trump wanted, and that was to buy a pair of Boeing 747 jetliners that were abandoned by a bankrupt Russian airline. Can yo verify the accuracy of the story? Do you know if that's correct? MS. SANDERS: I can't at this time. That's something I'd have 4.- 1.-..1- Document ID: 0.7.14361.9567 20180226-0008399 LO CILBCK .LIILO dllu get. LO you. Okay. And then I also wanted just sort of an update on th new Chief of Staff, General Kelly. Can you talk to us sort of, in broad strokes, about the calls and outreach that he's made so far to leadership in Congress, folks outside of Congress, any governors, that sort of thing? Can you talk to us broadly about the message that he's sending and the people that he's talking to both inside an outside of the administration? MS. SANDERS: I know he's spoken to a number of members of Congress as well as a large number of individuals within the staff. He's taking time to get to know everyone here in the building that hasn?t met previously through his other role. And working through setting up new processes and kind of setting the tone, I think, for White House that, under his leadership, will be very focused on the President's agenda, as we've been doing the last six months. We're going to continue on that track and we're going to do that under General Kelly, and we're very excited to work alongside him in that process. Hallie. Sarah, on the President's agenda -- and I'm just sitting here and I heard you list off a list of reasons of why you think tha the media should be focusing on Democrats and not the President. An not to belabor an obvious point, but Hillary Clinton is certainly no in the Oval Office; Donald Trump is. And there seems to be a trust deficit that is being created with some on Capitol Hill. And I want to tell you what Lindsay Graham said this morning on "The Today Show." He says, "If this is true" this Washington Post reporting -- "it was a bad decision by the President, which wil make us ask more questions. When you get caught in a lie about one thing, that makes it hard to say we'll just let the other stuff go." Is this what is hurting the President's legislative agenda, this credibility issue on the Hill? MS. SANDERS: I think what's hurting the legislative agenda is Congress's inability to get things passed. Can you elaborate on that a little bit, Sarah? Because clearly there is a concern from some Republicans that the President is not always being as truthful as he could be. How does he plan to address that? MS. SANDERS: I think by being truthful and transparent as he has every single day. Go ahead. Thank you, Sarah. I'd like to return to North Korea. Wit North Korea continuing to escalate nuclear tensions, can we expect anv actions from the administration to ratchet up pressure of action Document ID: 0.7.14361.9567 20180226-0008400 on China? MS. SANDERS: As we've said, we're not going to broadcast movements on things like that before they take place. But we're going to continue to work with our allies, continue to work with our partners. And again, the goals are to stop the nuclear program, sto the missiles, stop the aggression with North Korea. We're going to continue looking at the best options and ways to accomplish that. Can you say what some of those options might be? MS. SANDERS: Not at this time. John. Sorry, John Gizzi, you had your hand up when I first wen back -- Thank you, Sarah. MS. SANDERS: I'm happy to go to somebody else named John. You said yesterday that -- I think you said yesterday that there would be no reshuffle in the Cabinet, meaning General Sessions would not move over to the Homeland Security. Is that correct? MS . SANDERS: Correct . And does that also mean that Secretary of State Kris Kobach, the vice-chairman of the President's Commission on Electoral Integrity, would stay in his position and not be considered for Homeland Security? MS. SANDERS: I'm not aware of any movements for him. But as always, when we have a personnel announcement, I'd be happy to share it with you. Jon Decker. Since we're in the Johns -- Thank you, Sarah. I was hoping just to follow up on North Korea. I was hoping you could clarify the administration's message that it has for North Korea. The other day, the President said, whe asked about North Korea, "We will take care of them. We will take care of everything." And a little bit ago, the Secretary of State, Secretary of State Tillerson, said that the U.S. is trying to convince North Korea that the U.S. is not your enemy. So which one is it? Is the President focused on North Korea as an adversary, or is Secretary Tillerson correct that the U.S. is trying to send this message that the U.S. is not North Korea's enemy? MS. SANDERS: Look, like I just said a few minutes ago, the big priorities here, which we've laid out I think this is the third 0 fourth time I've done it just today -- is to stop the nuclear program, stop the missiles, stop the aggression. That's what we're focused on in regards to North Korea, and we're going to continue Document ID: 0.7.14361.9567 20180226-0008401 pushing on that, and continue working with our allies and partners accomplish that and do what is necessary to achieve it. Are they an adversary? Does the President -- MS. SANDERS: Look, I think in some ways they get to decide by the actions that they take. If they want to stop their nuclear program, stop the game, stop the missiles, stop the aggression, then I think we may be able to find ways to move forward. But those are the priorities of this administration. Dave. Sarah, thanks. Secretary Mnuchin had a meeting on the Hil this morning with Senate leaders about the debt ceiling. Apparently according to reports, they didn't get anywhere. Obviously this has the potential to affect the stock market rally that the President is so pleased with. MS. SANDERS: I think the whole country is pleased with it. Yes, that's true. Do you have any reason to believe at this point that you're going to get the debt ceiling issue done by the end of September? MS. SANDERS: Look, to ensure that we have robust economic growth and promote fiscal discipline, the Trump administration believes it's important to raise the debt ceiling as soon as possible. Over the past two decades, members of Congress and Presidents from both parties have raised the debt ceiling 15 times, and we look forward to working with Congress to ensure that full faith and credit of the United States government. Sarah. MS. SANDERS: April. Thank you. MS. SANDERS: Since you said my name so politely. (Laughter.) Thank you, Sarah. MS. SANDERS: Somewhat sarcastic. Me being sarcastic? No, never. MS. SANDERS: Go ahead, April. All right. Sarah, when it comes to this joke that the President said on Friday, you have many organizations you have police organizations, the NAACP, and the American citizens share they're upset about this. Could there be an apology from the --1.-.- L- -- 1-1- --1--.- Document ID: 0.7.14361.9567 20180226-0008402 A110 (JOBS 113 View d3 wueu IIOL when it comes to use of force from police? MS. SANDERS: I would have to ask on that specific question. But do you think that the President is remorseful for what he said because of the outcry from Friday? MS. SANDERS: I think the President supports our law enforcemen and he supports the protection of the citizens of this country, and he wants to empower our law enforcement to be able to do their job. I don?t think there's anything beyond that. Zeke. Thanks, Sarah. First, following up on Olivier?s question, he mentioned that there's a legal review of this legislation, but th White House has already said that the President will sign it. So what is the nature of that review, if presumably there was some review before putting out that statement? MS. SANDERS: As with any very particularly complex piece of legislation like this is, there?s a legal review. And once we sign that, we?ll work through and put more of the details of that process out. And separately, one more for you. Last month, the President delivered a warning to Congress a couple of times not to take vacation in August. What is the status of the President?s August plans? Does he plan to leave Washington? For how long? And what will he be doing during that timeframe? MS. SANDERS: We'll continue to keep you guys updated on his August schedule as those details are finalized. Andrew. Thank you, Sarah. The Coast Guard Commandant says that he won't turn his back on transgender troops, which would seem to preclude adherence to the President?s directive on Twitter. Does th White House consider that he's refusing to follow an order? MS. SANDERS: I haven't heard those comments or had a chance to speak with any about it, but I know that the goal is to work with al of the relevant departments, primarily the Department of Defense, to lawfully implement that new policy. Sarah, you just told April that you would have to ask the President if an apology would be appropriate. Are you saying you will ask him and get back to us? MS. SANDERS: No, I said I would have to in order to answer tha question. Document ID: 0.7.14361.9567 20180226-0008403 Well, could you please? Would you? MS. SANDERS: I?ll let you know if I do. Also, on General Kelly -- you said yesterday that everybod is now reporting to the President through him. Is that an accurate characterization? MS. SANDERS: Right, like I said that General Kelly has full authority in the White House. So does that mean nobody can wander in to the White House on their own? Is he going to post somebody outside the Oval Office? MS. SANDERS: I don?t think anybody can wander into the White House on their own without Secret Service stepping in. Excuse me into the Oval Office. Can his daughter? Can his son-in-law? Can Steven Bannon wander into the Oval Office without -- MS. SANDERS: I don?t think anybody just wanders into the Oval Office. Look, this is the White House. He?s the President of the United States of America, and there are processes But it?s pretty informal here normally, right? I mean, people talk to him. They don?t wait to get approval to talk to him. MS. SANDERS: Look, General Kelly is going to work with the entire team as he?s been doing over the last couple days. He?s done a great job of sitting down and talking to individuals about the needs that they have, the conversations, and putting a structure in place. There?s nothing abnormal about that. Can top staff talk to the President without the approval 0 General Kelly? MS. SANDERS: I don?t know that I would say ?approval? is the correct word, but I certainly don?t think it?s like we're getting permission slips signed. But I do think that there is something to having a structured process in order -- just to make things run more smoothly at the White House. What?s the President?s reaction to two opposition leaders being jailed in Venezuela? MS. SANDERS: Sorry, can you say that again? What is the President's reaction to the two opposition leaders being jailed in Venezuela now after the sanctions from yesterday? Document ID: 01143613567 20180226-0008404 MS. SANDERS: Overnight, the regime of the Venezuelan dictator Maduro detained two leading opposition figures following its outrageous seizure of power through sham elections this weekend. Th Vice President spoke with Mr. Lopez just last week, and he and Mr. Ledezma are political prisoners held unjustly by the Maduro regime. The United States condemns the actions of the Maduro dictatorship, and we hold Maduro personally responsible for the health and safety of both men and any other seized by his dictatorship. Is the President already considering increasing the sanctions and perhaps going after their oil exports? MS. SANDERS: Again, I'm not going to broadcast. As Secretary Mnuchin said yesterday, we?ll consider all options and keep you guys updated. On healthcare, you said earlier that what's keeping the President?s agenda from going is Congress and their votes. The President has said he wants to see healthcare done before anything else, and yet that?s not the message we?ve seen from the Senate Majority Leader Mitch McConnell in the last few days. Can you explain the discrepancy between the President and senior Republican leadership on the Hill when it comes to what should be done next? MS. SANDERS: As we?ve said beforedifferen things at one time. We're continuing to focus -- But they're (inaudible) this things first. MS. SANDERS: We're continuing to try to push a new healthcare system. We know that Obamacare is failing. We know that inaction i simply not okay. We want to continue to make that a priority. We want to work with Congress to do that. We may look for other ways improve healthcare in the meantime. We're also continuing to focus on tax reform. We?ve been doing tax reform listening sessions for the last month. We?ve had countless meetings with members of Congress, other organizations, talking about tax reform, infrastructure. We?re going to continue focus on all of those priorities and move them forward. Will the President support Congress taking CSR payments on of his hands? There?s been some suggestion, again, among senior Republicans that this is appropriate to do given the President?s threats to stop these payments. They're saying they should be taken out of the executive branch. MS. SANDERS: I?d have to get back to you on that. Can you, please? Because this is something that?s being discussed pretty aggressively on Capitol Hill. John Thune has talke about it. Orrin Hatch has talked about it. Document ID: 0.7.14361.9567 20180226-0008405 MS. SANDERS: I?m happy to get back to you about it. Thanks. MS . SANDERS: Peter . Sarah, very quickly on Seth Rich. Does the President believe the predicate about original Fox News reporting that Seth Rich was responsible for the release of DNC emails to WikiLeaks? MS. SANDERS: I?m not sure, Peter. Thanks, guys. We've got a small business event coming up shortly, and hopefully you?ll all tune in. END 2:48 P.M EDT Unsubsc?be Tv?e Wmt?z- H:..se 1600 Avenue, rm hash-?gmr' DC 20500 202-458?1112 Document ID: 0.7.14361.9567 20180226-0008406 Gore, John (CRT) From: Gore, John (CRT) Sent: Monday, July 31, 2017 4:35 PM To: Troester, Robert J. (ODAG) Subject: FW: DUE 12 PM TUESDAY - DAG QFRs from 6/13/17 House and Senate Appropriations Hearing John M. Gore Acting Assistant Attorney General Civil Rights Division U.S. Department of Justice (6) From: Gore, John (CRT) Sent: Monday, July 31, 2017428 PM To: Herren, Chris (CRT) (6) Policy, CRT (CRT) Cc: Foran, Sheila (CRT) (6) :Ndumele, Nicole (6) Helfman, Tara (CRT) (6) Subject: RE: DUE 12 PM TUESDAY - DAG QFRs from 6/13/17 House and Senate Appropriations Hearing '13) (5) John M. Gore Acting Assistant Attorney General Civil Rights Division US Department of Justice (6) (6) From: Herren, Chris (CRT) Sent: Monday, July 31,2017 3:07 PM To: Policy, CRT (CRT) Cc: Foran, Sheila Ndumele, Nicole Gore, John (cm_ Herman, Tara mm Subject: RE: DUE 12 PM TUESDAY - DAG QFRs from 6/13/17 House and Senate Appropriations Hearing Tnarr-ts for soaring. (by) (5) From: Policy, CRT (CRT) Sent: Monday, July 31,2017 2:03 PM To: Herren, Chris (CRT) (6) ;He fman, Tara (CRT) (6) Cc: Foran, Sheila (CRT) (6) ;Ndumele, Nicole Document ID: 071436122287 20180226-0008681 (6) I Policy, CRT (CRT) 1.7 3:221.- Gore, John (CRT) (6) Subject: RE: DUE 12 PM TUESDAY - DAG QFRs from 6/13/17 House and Senate Appropriations Hearing Chris, Please see draft responses below. Thank you, Arati Here are draft answers for those questions. (5) The President?s May 11, 2017, Executive Order created a Presidential Advisory Commission on Election Integrity. Rather than protecting the right to vote in this country this commission seems directed at finding cases of voter fraud and impersonation which are very rare and much less common than voter disenfranchisement through strict voter ID laws. 1. What role did you and otherJustice Department employees play in writing the May 11 Executive Order? (5.) (5) 2. Were career attorneys in the Civil Rights Division consulted? If not, why?(b) (5) 3. The Executive Order says the commi55ion ?shall have staff to provide support for its functions." Has the Justice Department provided any staff to work full- or part-time forthe commission?(b) (5.) Document ID: 0.7.14361.22287 20180226-0008682 4. Do you think the rare incidences of voter fraud and impersonation merit the creation of this commission?(b) From: Gore, John (CRT) Sent: Monday, July 31,2017 12:23 PM To: Policy, 3c: in Uzi-t Helfman, TaraiCRT_ (Czc Foran, ;,Ndumele Nicole Ruisanchez, Alberto (6) ;Treene, (Eric Moossy, Robert Herren, Chris Subject: RE: DUE 12 PM TUESDAY - DAG QFRs from 6/13/17 House and Senate Appropriations Hearing (13} (5) Thanks. John M. Gore Acting Assistant Attorney General Rights Division U.S. Department of Justice From: Policy, CRT (CRT) Sent' Monday July 31, 2017 1139 AM Tzo 9:31.35: Helfman TaralCRT_ (Cc: Foran, ;.Ndumele, Nicole :Rvsancezvv Aibeno icRm Treene. Eric Moossy, Robert Gore, John Subject: RE: DUE 12 PM TUESDAY - DAG QFRS from 6/13/17 House and Senate Appropriations Hearing (5) Sorry for the oversight. Ar ?Jain rm E1 Civil :ilgru: J.S. Department of usttce From: Policy, Sent: Monday, July 31, 20171133 AM To: Helfman, b) (6) rr- Dnlim r .?vri-vS-Cnran - Document ID: 011436122287 20180226-0008683 Ndumele, Nicole (6) ;Ruisanchez. Alberto(CRT} (6) ;,Treene Eric (CRT) (6) ;Moossy, Robert (CRT) (13) (6) Subject: FW: DUE 12 PM TUESDAY- DAG QFRs from 6/13/17 House and Senate Appropriations Hearing Importance: High Tara, Thank you, Aratl Document ID: 0.7.14361.22287 20180226-0008684 (5) Document ID: 0.7.14361.22287 20180226-0008685 White House Press Office From: White House Press Office Sent: Wednesday, July 19, 2017 1:01 PM To: Hankey, Mary Blanche (OAG) Subject: Remarks by President Trump and Vice President Pence at the Presidential Advisory Commission on Election Integrity Meeting THE WHITE HOUSE Office of the Press Secretary For Immediate Release July 19, 2017 REMARKS BY PRESIDENT TRUMP AND VICE PRESIDENT PENCE AT THE PRESIDENTIAL ADVISORY COMMISSION ON ELECTION INTEGRITY MEETII Eisenhower Executive Office Building 11:28 A.M. EDT THE VICE PRESIDENT: Well, good morning. Please be seated. On behalf of the First Family, welcome to the White House. And welcome to the inaugural meeting of the Presidential Advisory Commission on Election Integrity. JUst over two months ago, on May the 11th, President Trump signed an executive order to create a commission to, in his words, help to ?promote fair and honest federal elections? the foundatio of our democracy. Election integrity matters to every American. President Calvin Coolidge reminded us, in his words, that the ?whole system of American government rests on the ballot box.? And President Reagan declared that the ?right to vote is the crown jewel of American liberties.? By establishing this commission, President Trump is taking action to ensure that the ballot box remains inviolate, and that the crown jewel shines brighter than ever before. At the President?s direction, I'll have the honor to serve as chairman of this commission. And it's a privilege to convene this first meeting today. President Trump knows that the integrity of on electoral svstem transcends nartv lines. and T?m Grateful this Document ID: 01143613570 20180226-0010246 commission has brought together a distinguished group of bipartisan election experts and public officials from federal, state, and the local level. And together, this bipartisan group will perform a truly non-partisan service to the American people. I'd especially like to recognize our vice?chairman, who you'll hear more from after the President's remarks, a man whose long service has established him as a national leader on election integrity, Kansas Secretary of State Kris Kobach. I also, as a point of personal privilege, would like to express my thanks and appreciation to Indian's Secretary of State, Connie Lawson, who join us as a part of this panel. President Trump knows that the principle of ?one person, one vote" is foundational to the American system of democracy. This commission has been charged to study the registration and voting processes used in federal elections. The commission will identify the laws, rules, policies, activities, strategies, and practices tha will enhance the American people?s confidence in the integrity of on electoral system. We'll also explore the vulnerabilities in our system that could lead to improper voter registration and even improper voting. This commission, let me be clear -- this commission has no preconceived notions or preordained results. We?re fact-finders. And in the days ahead, we will gather the relevant facts and data, and at the conclusion of our work, we will present the President wit a report of our findings. I?m confident this commission will have a healthy and robust debate, but the President and I expect nothing less, because respectful debate is also a hallmark of our democracy. And I know that we'll find many areas of common ground, as well. I?m pleased to report that the commission has already started its work, requesting publicly available data, and we are grateful fo the more than 30 states that have already indicated their intention to provide this information, pursuant to the laws of their states. Today is just the first of several meetings that the commission will hold in the coming months. Today we will hear from each of the commission's members. Each of you brings a unique perspective based on your experience and your research, and we welcome your participation and your insights. I?d like to note that our commission includes five current and former secretaries of state. And Secretary Kobach and I look forwar to working with each one of you, as the chief election officers from across America, to foster a collaborative and respectful relationshi for the benefit of your states? voters and our nation?s electoral process. And finally, as the Commission on Election Integrity begins its Document ID: 0.7.14361.9570 20180226-0010247 work, I'd like to personally invite the American people to offer their public comments and input on our work, and the challenges and opportunities that face our electoral system. We want to hear the voice of the American voter because that?s really what this is all about. You know, it's the greatest privilege of my life to serve as Vice President to a President who cares so deeply about the integrity of America?s elections and the right of each and every American to see the sanctity of their vote protected. This President knows that the success of our democracy depends on the American people?s confidence in this electoral system. And the President and I are both confident that this bipartisan commission will make the strongest democracy in the history of the world even stronger. And so with gratitude for his commitment to fair and honest elections, it is my high honor and distinct privilege to introduce all of you the 45th President of the United States of America, President Donald Trump. THE PRESIDENT: Thank you very much. Please, be seated. Mr. Vice President, distinguished guests, and members of the media: I?m honored to welcome you here today as the bipartisan Presidential Advisory Commission on Election Integrity prepares to conduct its first official meeting. Very, very important. This commission is tasked with the sacred duty of upholding the integrity of the ballot box and the principle of "one citizen, one vote." Every time voter fraud occurs, it cancels out the vote of a lawful citizen and undermines democracy. Can?t let that happen. An form of illegal or fraudulent voting, whether by non?citizens or the deceased, and any form of voter suppression or intimidation must be stopped. I'm pleased that more than 30 states have already agreed to share the information with the commission and the other states. That information will be forthcoming. If any state does not want to share this information, one has to wonder what they?re worried about. And I asked the Vice President, I asked the commission: Wha are they worried about? There's something. There always is. This issue is very important to me because, throughout the campaign and even after it, people would come up to me and express their concerns about voter inconsistencies and irregularities, which they saw. In some cases, having to do with very large numbers of people in certain states. All public officials have a profound responsibility to protect the integrity of the vote. We have no choice. If we want to make America great again, we have to protect the integrity of the vote and our voters. This is not a Democrat or a Republican issueAmerican Document ID: 0.7.14361.9570 20180226-0010248 issue. it's about tne concern or so many americans tnat improper voting has taken place and canceling out the votes of lawful America citizens. That is why President Theodore Roosevelt once said, it is the affair of every honest voter, wherever born, to see that no fraudulent voting is allowed anywhere. I want to thank Vice President Pence for chairing the commission. I also want to thank Kansas Secretary of State Kris Kobach for serving as vice-chair. It's going to be a lot of work. They?re going to work very hard over a fairly short period of time. And I want to thank you both very much Kris, Mike. This is a bipartisan panel consisting of both Republican and Democratic leaders and experts on voter integrity. I?d like to personally thank each of our panel members for serving. Really do appreciate it. In addition to the chair and vice?chair, this distinguished bipartisan panel includes: Indiana Secretary of State Connie Lawson thank you; New Hampshire Secretary of State, Bill Gardner -- thank you; Maine Secretary of State, Matthew Dunlap; former Ohio Secretary of State, Ken Blackwell; Election Assistance Commissioner, Christy McCormick; former Arkansas State Representative, David Dunn -- thank you, David; Wood County West Virginia Clerk, Mark Rhoades; Heritage Foundation Senior Legal Fellow and Manager of the Election Law Refor Initiative -- a real expert -- Hans von Spakovsky; President and General Counsel of the Public Interest Legal Foundation -- great group -- J. Christian Adams; and Jefferson County, Alabama Probate Judge, Alan King. Thank you. Thank you very much. Each of you has been entrusted with a great responsibility of helping to advance the cause of fair, honest, and lawful elections. Your work will help protect our democracy. This will be a very transparent process. It's going to be very open for everybody to see. You will approach this important task with a very open mind an with no conclusions already drawn. You will fairly and objectively follow the facts wherever they may lead. I look forward to the findings and recommendations your report will produce, and I share your report as soon as I can and as soon a possible with the American people so the full truth will be known an exposed, if necessary, in the light of day. We call on every state to give its full support and total cooperation in this effort. Most of them have really done brilliantly, and we appreciate it. And the rest, all of that information will be forthcoming. Thank you very much, Mr. Vice President. Thank you. And, Kris thank you. Panel, thank you very much. We appreciate it. Do a great job. Thank you. (Applause.) Thank you. Thank you very much. END 11:39 A.M. EDT Document ID: 0.7.14361.9570 20180226-0010249 Unsubscribe The Whats 943.523 1503 Per?r?s-nvanis In"; Aasr?mgtr? C: 13503 1 l_v] Document ID: 0.7.14361.9570 20180226-0010250 Talley, Brett (OLP) From: Talley, Brett (OLP) Sent: Friday, July 14, 2017 5:59 PM To: Escalona, Prim (OLP) Subject: RE: (5) 1. As head of the Criminal Division in 3001. you worked on the Justice Depattment's ?Ballot Access and '\'oting lntegnty Initiative," 'which sought to "protect the integrity of the election process by increasing the Department?s e??ons and effectiveness in combating election fraud."~ All of us agree that when inCidents of election fraud occur, they should be investigated and prosecuted to the fullest extent of the law. However, we know that these incidents are rare. A 2014 analysis by law professorJustin Levutt found only 31 incudents of voter fraud out of hundreds of millions votes cast Since 2000. a. Do you believe that uidespread voter fraud exists in the United States .9 (5) b. Did your experiences in the Ballot Access and I?otin Integrity Initiative lead you to believe that our elections have been tainted by widespread voterfraud? c. President Trump has said that 3 to 5 million people voted illegally in the 201 6 election. Doyou agree with the President?s statement? 3. Alloy the. President created a :o-calt'e "ei'ectt'an commission htcli even he has aa?rvzitted?im Tu :tter?is solel) focused on the issue. oft'oter?aua? Given the rarity mam ofus are concerned that this commission is as created to suppress the rate, We have seen this game before. Just look at North Carolina, where Republicans passed a sweeping law purportedly designed to "combat voterfraud and promote public confidence in the electoral system.? A circuit court disagreed, finding that the legislature had ?targetfed] African Americans with almost surgicalprecision? and the law with discriminatory intent.? Will you commit to ensuring there is a full and comprehensive investigation of any steps taken by the commission or individuals associated with the commission that appear to be in violation of the Voting Rights Act or other Federal laws? Document ID: 011436122929 20180226-0012248 From: Escalona, Prim (OLP) Sent: Friday, July 14, 2017 5:50 PM To: Talley, Brett (OLP) Subject: R6203) (5) Great. (5) Thaw yo-JI From: Talley, Brett (OLD) Sent: Friday, July 14,2017 5:50 PM To: Escalona, Prim (OLP) F. Subject: (5) YES From: Escalona, Prim (OLP) Sent: Friday July 14 20175249 PM To: Talley, Brett(OLP}< subject Document ID: 011436122929 20180226-0012249 Tyson, Jill C. (OLA) From: Tyson, Jill C. (OLA) Sent: Friday, July 14, 2017 5:47 PM To: Escalona, Prim (OLP) Subject: RE: voter (Blumenthal 4) President Trump armounced the formation of a Presidential Advisory,r Commission on Election Inegrit} a. Do you believe that voter fraud occurs on a large scale in the United States? b. Do you believe that 3 to 5 million votes were cast fraudulently in the 2016 election? c. Ifyour answer to either of these question is yes: What is the speci?c evidence that supports your belief? From: Escalona, Prim (OLP) Sent: Friday, July 14,2017 5:37 PM To: Tyson, Jill C. (OLA) Subject: voter 1. Do you agree, as a factual matter, with President Trump?s claim that 3 to 5 million people voted illegally in the 2016 election? Document ID: 0.7.14361.5625 20180226-0012253 zterwilliger@jmd.usdoj.gov From: Sent: Sunday. July 09,2017 10:37 PM To: Raman, Sujit (ODAG) Subject: Re: EO update Thanks very much. All I needed- thank you. On Jul 9, 2017, at 10:28 PM, Raman, Sujit (ODAG) wrote: Zach, I hope you had a good weekend. (13) (5) I hope this is helpful. I will be in the office tomorrow AM so am happy to discuss in person if you would prefer. Please let me know with any questions. Sujit (5) Document ID: 0.7.1436121177 20180226-0013531 House Appropriations Subcommittee on Commerce, Justice, Science and Related Agencies Holds Hearing on the Department of Justice Fiscal 2018 Budget CULBERSON: The Commerce, Justice, Science, Appropriation Subcommittee will come to order. Deputy Attorney General Rosenstein, it's a pleasure to welcome you today to your first appearance before the Committee as we consider the president's 2018 budget request for the Department of Justice. We appreciate you being here and we especially appreciate your service to the country. We're particularly indebted to all of our federal state and local law enforcement officers and honor them for their tireless, invaluable, and courageous service to keep the people of the United States safe and sound in our communities and our country. Last month we observed National Police Week, the lowering of American flags to half-staff on Police Officer Memorial Day was a vivid reminder of the sacrifice and the risks undertaken every single day by our men and women in uniform and law enforcement community who put themselves at risk to keep us all safe. Our Committee is arm-in-arm in our determination to do everything in our power to support our men and women in uniform to ensure that they're protected, that they have everything that they need to help them succeed in their vital mission of protecting American lives and property. Deputy Attorney General Rosenstein brings to his position a distinguished record of public service within the Department including most recent as the U.S. Attorney for Maryland. I admire the energy that you and Attorney General Sessions are bringing to the Department and am encouraged to see your leadership and addressing these critical issues as immigration enforcement, border security, restoring respect to the rule of law above all because our liberty, we all know our liberty lies in law enforcement, in the work that you do in fighting terrorism and taking a reinvigorated and strategic approach to combating violent crime and targeting offenders and in supporting our state and local law enforcement officers. In fiscal year 2018 Mr. Rosenstein, this Subcommittee will strive to protect, to provide the Department of Justice the resources that you need to support your federal law enforcement mission including combating cybercrime, terrorism, espionage, gangs, and human and drug trafficking. Of course, we expect that our constituents' very precious and hard-earned tax dollars will be employed frugally and strategically, consistent with federal law. The needs are great and it is critical set priorities and leverage scarce resources. I look forward to working with the Department throughout the year as the appropriation process moves forward. Today, we will follow the five minute rule in order to keep the hearing moving along. But before we proceed, I'd like to recognize our ranking member, the gentleman from New York, Mr. Serrano, for any remarks he'd like to make. Nonresponsive Records Document ID: 0.7.14361.10728-000003 20180226-0017161 Nonresponsive Records KILMER: OK. Let me shift gears. I want to ask about voting rights. In 2013 in Shelby County versus Alabama -versus Holder, the Supreme Court essentially struck down Section V of the Voting Rights Act which required jurisdictions with a documented history and ongoing record of race discrimination and voting to pre-clear any voting changes with you, the Department of Justice or a three-judge federal court before their implementation. Following the Shelby decision, previously covered jurisdictions implemented changes to their voting laws which made it burdensome for millions of people around this country to participate in the process. Earlier this year, I led an effort with 70 of my colleagues in a letter to President Trump urging that any investigation that he conducts into alleged voter fraud also include an investigation of voter suppression. We never received a response to that letter. And just over a month ago, the president announced his advisory commission on election integrity which intends to only investigate these non-substantiated allegations of widespread voter fraud. So my question to you is, in light of the president's newly formed commission, how do you plan to allocate Department resources to enforce the Voting Rights Act and combat the proliferation of voter suppression laws in Shelby County? ROSENSTEIN: Document ID: 0.7.14361.10728-000003 20180226-0017177 Congressman, it's my understanding that the commission you're referring to is not within the Department of Justice. And what I'd like to do is reassure you within the Department of Justice, we have responsibility for protecting the voting rights of all Americans and we will. When voting rights and our election system are strengthened, our democracy is strengthened. So the Department of Justice continues to carefully investigate and review any claims of voter suppression or violation of the Voting Rights Act. And we'll take appropriate actions to prevent and combat any such violations or voter suppression in all of its forms. The issue that you raised at the start of your question is a more complicated issue of how to respond when states implement what they view as appropriate ways to protect the integrity of the vote and in some cases those are challenged as to what the impact may be. And that litigation will play out. But that's a separate issue from the Department's commitment and responsibility to enforce violations of law with regard to people's voting rights and so, as I say, we don't have a rule that I know of with regard to the president's election integrity task force but we do have a responsibility to protect people's rights to vote and we'll continue to do that. Nonresponsive Records Document ID: 0.7.14361.10728-000003 20180226-0017178 22389 Federal Register Presidential Documents Vol. 82, No. 93 Tuesday, May 16, 2017 Title 3? Executive Order 13799 of May 11, 2017 The President Establishment of Presidential Advisory Commission on Elec- tion Integrity By the authority vested in me as President by the Constitution and the laws of the United States of America, and in order to promote fair and honest Federal elections, it is hereby ordered as follows: Section 1. Establishment. The Presidential Advisory Commission on Election Integrity (Commission) is hereby established. Sec. 2. Membership. The Vice President shall chair the Commission, which shall be composed of not more than 15 additional members. The President shall appoint the additional members, who shall include individuals with knowledge and experience in elections, election management, election fraud detection, and voter integrity efforts, and any other individuals with knowl- edge or experience that the President determines to be of value to the Commission. The Vice President may select a Vice Chair of the Commission from among the members appointed by the President. Sec. 3. Mission. The Commission shall, consistent with applicable law, study the registration and voting processes used in Federal elections. The Commission shall be solely advisory and shall submit a report to the Presi- dent that identi?es the following: those laws, rules, policies, activities, strategies, and practices that en- hance the American people?s con?dence in the integrity of the voting proc- esses used in Federal elections; those laws, rules, policies, activities, strategies, and practices that undermine the American people?s confidence in the integrity of the voting processes used in Federal elections; and those vulnerabilities in voting systems and practices used for Federal elections that could lead to improper voter registrations and improper voting, including fraudulent voter registrations and fraudulent voting. Sec. 4. De?nitions. For purposes of this order: The term ?improper voter registration" means any situation where an individual who does not possess the legal right to vote in a jurisdiction is included as an eligible voter on that jurisdiction?s voter list, regardless of the state of mind or intent of such individual. The term ?improper voting? means the act of an individual casting a non-provisional ballot in a jurisdiction in which that individual is ineligible to vote, or the act of an individual casting a ballot in multiple jurisdictions, regardless of the state of mind or intent of that individual. (0) The term ?fraudulent voter registration? means any situation where an individual knowingly and intentionally takes steps to add ineligible individuals to voter lists. The term ?fraudulent voting? means the act of casting a non-provisional ballot or multiple ballots with knowledge that casting the ballot or ballots is illegal. Sec. 5. Administration. The Commission shall hold public meetings and engage with Federal, State, and local of?cials, and election law experts, as necessary, to carry out its mission. The Commission shall be informed by, and shall strive to avoid duplicating, the efforts of existing government entities. The Commission shall have staff to provide support for its functions. Document ID: 0.7.14361.21664-000002 20180226-0017888 22390 Federal Register/ Vol. 82, No. 93 / Tuesday, May 16, 2017 / Presidential Documents Sec. 6. Termination. The Commission shall terminate 30 days after it submits its report to the President. Sec. 7. General Provisions. (a) To the extent permitted by law, and subject to the availability of appropriations, the General Services Administration shall provide the Commission with such administrative services, funds, facilities, staff, equipment, and other support services as may be necessary to carry out its mission on a reimbursable basis. (b) Relevant executive departments and agencies shall endeavor to cooperate with the Commission. (c) Insofar as the Federal Advisory Committee Act, as amended (5 U.S.C. App.) (the ‘‘Act’’), may apply to the Commission, any functions of the President under that Act, except for those in section 6 of the Act, shall be performed by the Administrator of General Services. (d) Members of the Commission shall serve without any additional compensation for their work on the Commission, but shall be allowed travel expenses, including per diem in lieu of subsistence, to the extent permitted by law for persons serving intermittently in the Government service (5 U.S.C. 5701–5707). (e) Nothing in this order shall be construed to impair or otherwise affect: (i) the authority granted by law to an executive department or agency, or the head thereof; or (ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals. (f) This order shall be implemented consistent with applicable law and subject to the availability of appropriations. (g) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person. THE WHITE HOUSE, May 11, 2017. [FR Doc. 2017–10003 Filed 5–15–17; 8:45 am] Billing code 3295–F7–P Document ID: 0.7.14361.21664-000002 20180226-0017889 Parker, Rachel (OASG) From: Parker, Rachel (OASG) Sent: Monday, May 08, 2017 4:29 PM To: Murray, Brian McHenry, James (OASG) Cc: Panuccio, Jesse (OASG) Subject: RE: Request for review of proposed Executive Order on Election Integrity Attachments: (5-) Hiall? lbllel l?ll Ple-e lee knee even lee Rachel From: Parker, Rachel (OASG) Sent: Friday, April 21, 2017 7:21 PM To: Murray, Brian (OASG) McHenry, James (OASG) Cc: Panuccio, Jesse (OASG) (5) Subject: Fwd: Request for review of proposed Executive Order on Election Integrity FYI -- wanted to make sure you saw this. Begin forwarded message: From: "Hem= Rosemary Date: April 21, 2017 at 6:57:08 PM EDT To: "Raman, Sujit Subject: FW: Emailing - Letter to AG Sessions on Civil Rights Division.pdf Christian Adam? Sent: Tuesday, March 28, 2017 9:35 AM To: 'damelle.cutronoa@usd01.gov' Subject: Emailing - Letter to A6 Sessions on Civil Rights Division.pdf Danielle: Please find a letter signed by 25 signatories to the Attorney General regarding the coming pick for Assistant Attorney General for Civil Rights. Would you please see to it that General Sessions receives a copy? We would be very appreciative. We are also available to explain in greater detail in person any of the details of the letter. Thank you very much for your time and courtesy. J. Christian Adams Public Interest Legal Foundation Document ID: 0.7.14361.8097 20180226-0020038 March 28, 2017 RE: Restore lawful enforcement policies in the Civil Rights Division Dear Attorney General Sessions: We, the undersigned wish to congratulate you on your new post as U.S. Attorney General and seek to offer guidance on leadership considerations for the next Assistant Attorney General for the Civil Rights Division. As you know, the “crown jewel” of the Department, the Civil Rights Division, celebrates its 60th anniversary in 2017. We encourage you to look forward to the next 60 years and discern what good works the Division may do for generations to come. Our nation is changing. The mosaic image of America is growing richer in color and detail as each decade passes. For these reasons, the American people deserve a Division that seeks to represent and protect all citizens. It also deserves a Division that follows the law and recognizes the dangers of an oppressive federal government outside the bounds of the law when it comes to our elections, businesses and criminal justice system. Together, we have witnessed longstanding conventions held from the mid-20th century prove outmoded in recent years and discovered new fronts in need of protection where civil rights are concerned with particular respect to voting. Discrimination, dilution, and poor processes will always be constants, yet the victims can vary in our contemporary era. The next Assistant Attorney General should be cognizant of this reality and be prepared to offer constitutional leadership promoting the Rule of Law and equal protection for all. During the Obama administration, the Division served purely ideological ends with rigidity unmatched in other federal offices. Entrenched federal bureaucrats jettisoned precepts like equal enforcement in favor of political and racialized dogmas with a zeal that risks litigation failure and invites court sanctions. Worst of all, the Division has placed itself in the passenger seat while political allies bring faulty actions against states working to protect their voters. We offer three general areas of concern demonstrating the need for internal reforms. The Civil Rights Division has relegated its leadership role to political activists. This must end. Perhaps one of the greatest myths pushed by the Obama DOJ’s apologists was the claim of being the driving force for voter protection. That administration’s record paints an entirely different picture. In the eight year period, hardly any cases were filed under the Voting Rights and Document ID: 0.7.14361.8097-000002 20180226-0020040 National Voter Registration Acts.1 At no time did the division bring a suit against voting discrimination or intimidation on its own. Yet, the public perception was that the previous Attorneys General were somehow vigorous champions of civil rights. The past eight years have shone what “leading from behind” can do to state interests in protecting voters when dedicated activists are acting as signal callers. Voter identification suits were needlessly brought and lost such as in South Carolina; a single, racially-focused redistricting case can drag almost a decade; and millions of taxpayer dollars were wasted perverting voting laws to engineer political advantage. The ideological rot impacting the Civil Rights Division was already laid bare by the Office of Inspector General. It’s time to make changes. After a four year investigation, the U.S. Department of Justice Office of the Inspector General released a review of operations within the Voting Section of the Civil Rights Division in March 2013.2 The 250 page report detailed the toxic manner in which the Division placed preferences on voting rights victim cohorts and bullied employees from daring to enforce the law in a colorblind fashion. Investigators noted that the Division, then led by AAG Tom Perez, maintained a culture of holding that they did not believe civil rights laws should protect all Americans. Investigators were also not amused by the “petty and juvenile personal attacks” some Division employees posted on public websites about coworkers they shared legal disagreements with, particularly against employees who were openly Christian. Far beyond collegial banter, the report found that such statements were “highly offensive and potentially threatening” to others. Noted in the report: The highly offensive comments included suggestions that the parents of one former career Section attorney were Nazis, disparaging a career manager’s physical appearance and guessing how he/she would look without clothing, speculation that another career manager was watching pornography in her office, and references to “Yellow Fever,” in connection with allusions to marital infidelity involving two career Voting Section employees, one of whom was described as 'look[ing] Asian.'" Perhaps most demonstrable of how close Division staff were to third party allies, the report stated, “We also found incidents in which Voting Section career staff shared confidential Section information with outside civil rights attorneys, some of whom were working on matters where they were adverse to the Department." Worst of all, former Assistant Attorney General Perez specifically refused to implement the recommendations of the Inspector General when it comes to hiring. Specifically, the Inspector 1 U.S. Department of Justice; Voting Section Litigation (accessed March 1, 2017), https://www.justice.gov/crt/voting section litigation 2 DOJ OIG; A Review of the Operations of the Voting Section of the Civil Rights Division (March 2013), https://oig.justice.gov/reports/2013/s1303.pdf Document ID: 0.7.14361.8097-000002 20180226-0020041 General recommended that “demonstrated commitment to civil rights” resulted in the perception that attorney hires were only made from employees of left-wing groups. In this case, perception and reality were synonymous. The Assistant Attorney Generals in each component Division must preserve or reacquire hiring authority and not leave the decisions in the hands of career bureaucrats who are reliably opposed to President Trump’s agenda. The Division has repeatedly been admonished for unethical behavior by the federal courts. We deserve better. In 2006, the DOJ Office of Legislative Affairs compiled a list of episodes upon request where Division attorneys’ “legal work was either admonished in a court opinion or where the Division paid attorneys’ fees or settlement fees over its involvement in a lawsuit.”3 The letter detailed 11 cases from 1993 to 2000 where the federal government was required to pay $4,107,595.09 in fees and court costs after bringing faulty actions. Roughly half of the taxpayer burden belonged in the Voting Section alone. Repeatedly, employees abused their former powers under the Voting Rights Act by mandating racial gerrymandering in states like Florida, Georgia, Louisiana, and South Carolina to create partisan advantages. State and individual parties saw repeat success in overturning these matters, leaving the courts to require that $2.5 million public dollars be paid out at the conclusion of litigation. The letter provides additional insight into the culture of collegiality that is shared between Division staff and third party activist organizations. In a 1993 Georgia redistricting case, the court found that an America Civil Liberties Union attorney was in “constant contact” with DOJ staff communicating in “disturbing” tones that were “informal and familiar”, as opposed to an “advocate submitting proposals to higher authorities.” Looking forward, the next Assistant Attorney General should be committed to returning the Civil Rights Division to equal enforcement of all federal voting statutes strictly to advance the Rule of Law rather than partisan gamesmanship. Listed below are brief examples of immediate strategic shifts to pursue.  Return to race-neutral Voting Rights Act enforcement that seeks to block discriminatory policies and procedures based on demonstrable impacts rather than mere statistical analysis.  Put an end to politically-driven pursuits against state photo voter identification requirements, citizenship verification in voter registration, and common-sense adjustments to early voting periods.  Return to enforcing federal statutes barring against voter intimidation. Repeatedly, the Obama DOJ failed to act.  Return to enforcing Section 8 of the National Voter Registration Act requiring that voter rolls meet federal maintenance standards. 3 DOJ OLA letter to Rep. James F. Sensenbrenner dated April 12, 2006 (https://www.scribd.com/document/48673021/2006 0412 Ltr to House of Rep re Voting Rights Act Procedures) Document ID: 0.7.14361.8097-000002 20180226-0020042 If the persistent, flagging voter participation rates are any indication, the American electorate is crying out to see protection against political enforcement of the law. The road to reform will be a rough one requiring time and perseverance. The next AAG certainly cannot be a proponent of the status quo by any means. Thank you for the attention given to these observations. Together, we look forward to further, fruitful conversations as you consider this most critical staffing position. Respectfully, (Title and affiliation for informational purposes only) J. Christian Adams Public Interest Legal Foundation Dr. John C. Eastman, Founding Director, The Claremont Institute’s Center for Constitutional Jurisprudence Roger Clegg Center for Equal Opportunity Hans von Spakovsky The Heritage Foundation Kris Kobach Kansas Secretary of State William Perry Pendley Mountain States Legal Foundation Pete Hutchison Landmark Legal Foundation Terry Pell Center for Individual Rights Tim Wildmon President of American Family Association Sandy Rios Director of Governmental Affairs American Family Association Cleta Mitchell Chair, Public Interest Legal Foundation Quin Hillyer Veteran conservative columnist Sidney Powell Attorney & Author of Licensed to Lie Paul Mirengoff Attorney George Rasley Editor, ConservativeHQ.com Allen Roth, President Secure America Now Emmett McGroarty, Esq. Senior Fellow, American Principles Project Susan Carleson American Civil Rights Union Ken Masugi Johns Hopkins University, Center for Advanced Governmental Studies James Simpson Author, Columnist Tim Fay Rick Manning President, Americans for Limited Gov. Document ID: 0.7.14361.8097-000002 20180226-0020043 Bishop E.W. Jackson, Sr. President and Founder of S.T.A.N.D Katie Holland Joel C. Mandelman fmr. counsel U.S. Comm. on Civil Rights Document ID: 0.7.14361.8097-000002 20180226-0020044 Hankey, Mary Blanche (OAG) From: Hankey, Mary Blanche (OAG) Sent: Tuesday, March 07, 2017 12:52 PM To: John Mashburn I6) White Home Email Matthew Cc: Uli, Gabriella M. Subject: Agenda for Urban League/Civil Rights Leaders Meeting at 00] John and Matt-See below for meeting participants and agenda. Please let me know if you have any questions. Participants: Marc H. Morial, President and CEO, National Urban League - Melanie L. Campbell, President and CEO, National Coalition on Black Civic Participation and Convener, Black Women's Roundtable - Kristen Clarke, President and Executive Director, Lawyers? Committee for Civil Rights Under Law - Wade Henderson, President and CEO, Leadership Conference on Civil and Human Rights - Sherrilyn lfill, President and Director-Counsel of the NAACP Legal Defense and Educational Fund, Inc. - The Rev. Al Sharpton, Founder and President, National Action Network - Donald Cravins, Executive Director, National Urban League Washington Bureau Agenda: I. Hate Crimes Enforcement II. Voting Rights/Section 3 Cases/Voting Rights Restoration Act Criminal Justice Reform/Smart On Crime Initiative IV. Police Community Issues/Police Consent Decrees/Baltimore, Ferguson, Chicago, North Charleston V. Criminal Civil Rights Prosecutors 3. Eric Garner b. Walter Scott/Michael Slager VI. Private Prisons VII. Violence Against Women Enforcement Transgender Guideline IX. OJP/Youth Mentoring Program I Document ID: 01143619407 20180226-0033659 A. Iravel ban - mew txecuuve uroer XI. Civil Rights Division Staffing and Enforcement XI I. Proposed POTUS Voter Fraud Task Force Mary Blanche Hankey U.S. Department of Justice White House Liaison mary.blanche.hankey@usdoj.gov 202-353-4435 Document ID: 01143613407 20180226-0033660 Camden Hybart From: Sent: Friday, March 03, 2017 4:17 PM To: Attomey General?s Email Address Subject: Fwd: voter fraud commission Attachments: Forwarded message From: Peggi Hanrahan? Date: Wed, Feb 22, 2017 at 9:10 PM Subject: Fwd: voter fraud commission To: Sessions Jefferson Attomey General's Email Address From Ed Haden Sent from my iPhone Begin forwarded message: From: "Haden. Ed"? Date: February 22, 2017 at 8:50:14 PM EST To: Peggi Hamm? Subject: Fwd: voter fraud commission Peggk Please give this to 185. Ed Sent from my iPhone [[imagEI] Ed R. Haden, Partner, Balch 84 Bingham LLP 1901 Sixth Avenue North Suite 1500 Birmingham, AL 35203-4642 f: (205) 488-5648 e: (6) Begin forwarded message: From: "von Spakovsky, Hans" Document ID: 0.7.14361.10580 20180226-0033666 Date: February 22, 2017 at 7:36:03 PM CST To:? Ed Hade_> Cc? Subject: voter fraud commission Ed, got a very disturbing phone call about the voter fraud commission that Vice President Pence is heading. We are told that the members of this commission are to be named on Tuesday. We're also hearing that they are going to make this bipartisan and include Democrats. There isn't a single Democratic official that will do anything other than obstruct any investigation of voter fraud and issue constant public announcements criticizing the commission and what it is doing, making claims that it is engaged in voter suppression. That decision alone shows how little the WHouse understands about this ISSUE. There are only a handful of real experts on the conservative side on this issue and not a single one of them (including- and me) have been called other than Kris Kobach, Secretary of State of Kansas. And we are told that some consider him too "controversial to be on the commission If they are picking mainstream Republican officials and/or academics to man this commission it will be an abject failure because there aren't any that know anything about this or who have paid any attention to this issue over the years. and I are concerned that this commission is being organized in a way that will guarantee its failure. We are astonished that no one in the WH has even bothered to consult with us or- despite the fact that the three of us have written more on the voter fraud issue than anyone in the country on our side of the political aisle. I think you know from the white paper we sent you that based on our experience we have thought long and hard about what needs to be done. My cell is (bf) (61> if you need to reach me. Hans von Spakovsky Manager, Election Law Reform Initiative and Senior Legal Fellow Institute for Constitutional Government The Heritage Foundation 214 Massachusetts Avenue, NE Washington, DC 20002 CONFIDENTIALITY: This email and any attachments may be confidential and/or privileged and are therefore protected against copying, use, disclosure or distribution. If you are not Document ID: 0.7.14361.10580 20180226-0033667 I. the intended recipient, please notify us immediately by replying to the sender and double deleting this copy and the reply from your system. Document ID: 0.7.14361.10580 20180226-0033668 Troester, Robert J. (ODAG) From: Troester, Robert J. (ODAG) Sent: Wednesday, September 13, 2017 12:42 PM To: Raman, Sujit (ODAG) Subject: RE: DUE 12 PM TUESDAY - DAG QFRs -- Voting Rights (Commission on Election Integrity) Su?t Let talk. From: Raman, Sujit Sent: Monday, July 31,2017 3:45 PM To: Gannon, Curtis E. (OLC) (6) Cc: Troester, RobertJ. (ODAG) Subject: RE: DUE 12 PM TUESDAY - DAG QFRs -- Voting Rights (Commissuon on Election Integrity) Plant-as, C'thss me know If you need anyt-?nng (ll"Il 0.: From: Gannon, Curtis E. (OLC) Sent: Monday, July 31,2017 2:44 PM To: Raman, Sujit (ODAG) (SEEN-3 155:0 9-: Subject: FW: DUE 12 PM TUESDAY - DAG QFRs -- Voting Rights (Commission on Election Integrity) Supt Document ID: 0.7.14363.48140 20180226-0000187 From: Gannon, Curtis E. (OLC) Sent: Monday, July 31, 2017 1:48 PM To: Hart, Rosemary NaikJain, Arati Cc: Whitaker, Henry C. Daniel (OLC) Forrester, Nate tom? Subject: RE: DUE 12 PM TUESDAY - DAG QFRs from 6/13/17 House and Senate Appropriations Hearing Here are OLCs draft answers for those Questions (5) The Presidents May 1 l: 2017: Executive Order created a Presidential Advisory Commission on Election Integrity. Rather than protecting the right to vote in this country this commission seems directed at ?nding cases of voter fraud and impersonation which are very rare and much less common than voter disenfranchisement through strict voter ID laws. 1. \Vhat role did you and other Justice Department employees play in \vriting the May 1 1 Executive Order? (13) (5) 2. \Vere career attornevs in the Civil Rights Division consulted.j If not: why"? (5) (5) 3. The Executive Order says the conmiission ?shall have staff to provide support for its functionsf Has the Justice Department provided any staff to work full? or part-time for the conmrission?? (5) 4. Do you think the rare incidences of voter fraud and impersonation merit the creation of this commis sion'7 Document ID: 0.7.14363.48140 20180226-0000188 From: Hart, Rosemary (OLC) Sent: Monday, July 31, 2017 1: 43 DM To: Naik Jain, Arati (CRT) (6) Cc: Whitaker, Henry C. (OLCH (6) Daniel (OLC) (6) Forrester, Nate (6) Gannon, Curtis E. (OLC) (6) Subject: FW: DUE 12 0M TUESDAY - DAG QFRs from 6/13/17 House and Senate Appropriations Hearing Importance: High ?i tartar: 3-1.: (5-) From: Policy, CRT (CRT) Sent: Monday, July 31, 2017 1:22 PM To: Hart, Rosemary(OLC} Cc: 7: 5i: Subject: FW: DUE 12 TUESDAY- DAG QFRs from 6/13/17 House and Senate Appropriations Hearing Importance: High HI Rosemary, (5) Thank you Arati MRI .1 ?lea-HA Va I I, I Ien: Cl Document ID: O.7.14363.48140 20180226-0000189 innittd teams ?tnatt WASHINGTON. DC 20510 August 9, 2017 The Honorable Jeff Sessions Attorney General US. Department of Justice 950 Avenue, NW Washington. DC 20530 John Gore Acting Assistant Attorney General Civil Rights Division US. Department of Justice 950 Avenue, NW Washington. DC 20530 Dear Attomey General Sessions and Acting Assistant Attorney General Gore: As the Senate Committee on the Judiciary prepares for its hearing on President Trump?s nominee to lead the Department of Justice?s (DOJ) Civil Rights Division (CRT), we write to request your commitment to protecting the integrity and independence of the Division and its career attorneys. and to seek assurances that mistakes and misdeeds of the past will not be repeated by this Administration. We also have questions and concerns about news reports that the Division has requested the submission of resumes from CRT career lawyers who wish to be considered for the Division's new anti-affirmative action initiative.l Our concerns are not hypothetical; they are rooted in the pattern of partisan personnel decisions and documented political interference that prevailed during the George W. Bush Administration a pattern which threatens to repeat itself now. As you know, the Department of Justice has a duty to uphold the rule of law?not to serve a particular political ideology by pursuing partisan initiatives or making hiring decisions based on political affiliation. The Civil Rights Division was created to defend the civil rights of all Americans, and the politicization of its work and workforce is not only at odds with the mission of the Division but also potentially illegal. As you know, ajoint Of?ce of Inspector General and Office of Professional Responsibility report issued in July 2008 found that Bradley Schlozman. first as a Deputy Assistant Attomey General and subsequently as Principal Deputy Assistant Attorney General and Acting Assistant Attomey General. made false statements before the Senate Judiciary Committee and broke federal law and Department policy by ?consider[ing] political and ideological affiliations in hiring career attorneys and in other personnel actions affecting career attorneys in the Civil Rights Division."2 The report also found that Mr. Schlozman inappropriately considered [1119s, 7 01-: u? politic? 7 US. Department of Justice, Office of the Inspector General Of?ce of Professional Responsibility Report?). An Investigation of Allegations of Politicized Hiring and Other Improper Personnel Actions in the Civil Rights Division (July 2. 2008). at 57-58. 64. Document ID: 0.7.14363.48465-000001 20180226-0000874 political and ideological af?liations both in hiring new attorneys and in transferring and assigning cases among career attorneys in the sections he supervised.3 Among other egregious evidence of his improper political motives, Mr. Schlozman?s emails revealed his ?plans . . . to gerrymander all those crazy libs out of the [Voting] section? and replace them with ?real Americans" and ?right-thinking Americans" who could ?be trusted."4 In light of recent news, we are concerned that illegal politicization of the Civil Rights Division is underway once again. Although Mr. Schlozman no longer works at the Department, some of his colleagues from that era have supported politicizing the Civil Rights Division. One of those former of?cials, Hans von Spakovsky, now with the Heritage Foundation, said that ?[c]leaning . . . up [the Department of Justice] will be as dif?cult as cleaning out the Augean stables. Hercules had to divert two rivers to wash out the ?lth, and it will take a similarly massive effort at Justice to wash out the politics and progressive liberal activism that infests the agency from top to bottom.? Meanwhile, J. Christopher Adams. another of Mr. Schlozman?s former CRT colleagues and a Bush-era Voting Section alumnus, has laid out on his blog a three-step proposal for ?draining the swamp? based on lessons learned from the Bush Administration?s ?failure to take swi? remedial action? against career attomeys.? To get around civil service protections, Mr. Adams has gone so far as calling on Congress to pass a Reduction in Force aimed at ?dislodging? career staff.7 In a March letter organized by Mr. Adams?s Public Interest Legal Foundation, Mr. Adams. Mr. von Spakovsky, and Kris Kobach now Vice Chair of President Trump?s Presidential Advisory Commission on Election Integrity? called on President Trump?s Justice Department to rid CRT of so-called ?ideological rot? by stripping career attorneys of hiring and firing authority and vesting such authority in Trump?s political appointees.8 Mr. von Spakovsky?s and Mr. Adams?s efforts are particularly alarming now that both have been appointed to this commission, which appears to be coordinating with Voting Section.9 As others have noted, this recommendation appears to call for a return to the imprOper and illegal personnel practices of the Bush era, when hiring, ?ring, and assignment decisions in CRT were made based on whether a career attorney was perceived to be ?on the [right] team.? As explained in the 2008 joint report, both federal law the Civil Service Reform Act (CSRA) and policy prohibit discrimination in federal employment based on political and ideological affiliations. '0 The CSRA further provides that ?[a]ll employees and applicants for Id. 8133-35. 42-43 Id. at 20-2] 34, 44 n.37. ahead-president I I3 111$ 7 Id. 8 document 135390409 9 On June 28, 2017, the Commission sent a letter to election of?cials in all 50 States with an extraordinarily broad demand for sensitive personal voter information. On that same date, the chief of Voting Section also sent a letter to 44 state election officials asking for information about state-level procedures for maintaining voter registration lists. Several Senators requested further information about the apparent coordination between the Commission and CRT, but that request remains unanswered. Report at 4. Document ID: 0.7.14363.48465-000001 20180226-0000875 employment should receive fair and equitable treatment in all aspects of personnel management without regard to political af?liation,? and that ?[e]mployees should be . . . protected against arbitrary action, personal favoritism, or coercion for partisan political purposes.?? Congress enacted these laws to protect civil servants from exactly the sort of political gamesmanship perpetrated by Mr. Schlozman, which his former colleagues seem eager to see repeated now. In the aftermath of the Bush-era personnel scandal, the Department took several actions, and made recommendations. to ensure compliance with federal civil service laws and Department policy. According to a March 2008 memorandum from the Attorney General, beginning in the summer of 2007, new political employees at the Department were briefed on "Merit System Principles and Prohibited Personnel Practices" as part of their orientation process. '2 Along those lines, recommended that the Department also regularly provide training on merit system principles and prohibited personnel practices in the Civil Service Reform Act, federal regulations, and Department policies to personnel with a role in hiring or supervising career employees. '3 also recommended that the Department issue periodic statements to all employees about what constitute prohibited personnel practices under federal law, regulations, and Department policy. and provide information to employees about how they can report violations and where they can seek redress. '4 Now, as the Civil Rights Division prepares for new leadership, it is imperative that this crown jewel of the Department of Justice remain free from the improper and unlawful politicization it experienced in the Bush era, which threatens it again today. To that end, we ask that you respond to the following questions and requests by August 30, 2017: 0 Why is new anti-af?rmative action program being managed by the Division?s front of?ce rather than by the Educational Opportunities Section? Historically, has any other enforcement initiative of the Division that relates exclusively to the work of a single section of the Civil Rights Division been managed instead by the front of?ce? In its solicitation for detailees to this program, why did the Division waive its ordinary requirement that a Division employee must have been in his or her section for two or more continuous years before being eligible for a detail? 0 What coordination or communication, if any, has the Division or other DOJ leadership conducted with respect to this program with Secretary of Education Betsy DeVos or other of?cials at the Department of Education? Please provide copies of all written communications between the Department of Education and the Department of Justice related to af?rmative action strategy. 0 Why did the Division solicit the submission of resumes for lawyers who wish to be considered for that program? Has the Division ever requested resumes from its own attorneys for an internal initiative in the past? What speci?c information contained in such resumes does the Division intend to consider? In light of the inappropriately 5 U.S.C. 2301(b)(2). (8) '2 mm: ~wa urinal! ?le: as Issac) 05 In? Id. In Id. Document ID: 0.7.14363.48465~000001 20180226-0000876 politicized transfer and case assignment decisions detailed in the 2008 report, what measures has the Division taken to ensure compliance with the law? 0 Are political appointees in the Civil Rights Division briefed on ?Merit System Principles and Prohibited Personnel Practices? as part of their orientation process? Please describe this brie?ng in detail and provide any relevant training materials. 0 Consistent with the recommendations of does the Department regularly provide training on merit system principles and prohibited personnel practices in the Civil Service Reform Act, federal regulations, and Department policies to personnel with a role in hiring or supervising career employees? Please describe this training in detail and provide any relevant training materials. 0 Consistent with the recommendations of does the Department issue periodic statements to all employees about what constitute prohibited personnel practices under federal law, regulations, and Department policy, and provide information to employees about how they can report violations and where they can seek redress? If so, please provide a sample(s) of such statements. 0 For each component section in the Civil Rights Division, which speci?c individuals make hiring, firing, and case assignment recommendations and/or decisions regarding career attorneys? To the extent these responsibilities are shared between career and political staff, please describe in detail the allocation of reSponsibilities and authority, as well as the decision-making process. 0 During the last Administration, in response to concerns raised by the 016, CRT adopted an ?Experienced Attorney and Attorney Manager Hiring Policy? to ensure, among other things, a ?fair, transparent and merit based hiring process."ls Is that policy still being followed for all career experienced attorneys and attorney manager positions? If not, please explain why the policy, or any part thereof, has been discontinued and provide the new policy for hiring these individuals. Sincerely, . . don Whitehouse Patrick Leahy United States Senator United States Senator '5 \llL?s default tiles'cn lcguq 3 Document ID: 0.7.14363.48465~000001 20180226-0000877 Richard .I. Durbin Al Franken United States Senator United States Senator . Richard Blumenthal Mazie Hirono United States Senator United States Senator Document ID: 0.7.14363.48465-000001 20180226-0000878 Troester, Robert J. (ODAG) From: Troester, Robert J. (ODAG) Sent: Tuesday, August 22, 2017 9:51 AM To: Raman, Sujit (ODAG) Subject: FW: Questions for the Record: Budget-Related Responses (Senate) Attachments: Senate Budget QFRs Trackerpdf; DRAFT Senate_Budget QFRs (08.21.17).docx Su?t: (5) Bulb From: perrato, Katherune M. (ODAG) Sent: Monday, August 21, 2017 9:01 0M To: Lan, Ins Troester, RobertJ. (ODAG) Raman, Supt Cook, Steven H. (ODAG) O'nr, Bruce (ODAG) Crowell, James (ODAG) Medina, Amelia (ODAG) Cc: Wahdan, Rana S. (OLA) Subject: FW: Questions for the Record: Budget-Related Responses (Senate) Document ID: O.7.14363.48114 20180226-0002289 Ferrato, Katherine M. (ODAG) From: Ferrato, Katherine M. (ODAG) Sent: Thursday, August 17, 2017 6:09 PM To: Medina, Amelia (ODAG) Subject: RE: Leahy QFRs - Presidential Advisory Commission on Election Integrity. (5) Attachments: Senate and House QFRs ?can. 31(1)) (5) From: Ferrato, Katherine M. (ODAG) Sent: Thursday, August 17, 2017 5:46 PM To: Medina, Amelia (ODAG) Subject: RE: Leahy QFRs - Presidential Adwsory Commission on Election Integrity.(b) (5) b) (5) From: Medina, Amelia (ODAG) Sent: Thursday, August 17,2017 5:18 PM To: Ferrato, Katherine M. (ODAG) ?Terra-WE": act: Subject: RE: Leahy QFRs - PreSidential Advisory Commission on Election Integrity.(b) (5) (5) From: Ferrato, Katherine M. (ODAG) Sent: Thursday, August 17,2017 5:03 PM To: Medina, Amelia (ODAG) g-cw> Subject: FW: Leahy QFRs - Presudential Advisory Commissmn on Election IntegrityDocument ID: 011436346188 20180226-0002713 Horn: blusner, Michelle (JMU) Sent: Thursday, August 17, 2017 4:36 PM To: Wahdan, Rana S. (OLA) Ferrato, Katherine M. (ODAG) Cc: Munro, Shannon L. (JMD) Thompson, John (JMD) aid. made i .gc-v> Subject: Leahy QFRs - Presidential Advisory Commission on Election Integrity.(b) (5) (5) These are also attached for your renew? Thanks: Michelle Lead?In Information From Original Document The President? 5 May 11: 2017: Executive Order created a Presidential Advisory Commission on Election Integity. Rather than protecting the right to vote in this country this commission seems directed at ?nding cases of voter fraud and impersonation which are very rare and much less common than voter disen?anchisement through strict voter ID laws. Leahy 12d ?ill the commission need congressional appropriations and if so how much has the administration sought in funding: whether at or elsewhere in the executive branch? Leahy 129 How much has been spent so far on the commission and What is its expected budget Document ID: 0.7.14363.46188 20180226-0002714 om?esponsiye Records From: Gannon, Curtis E. (OLC) Sent: Monday, July 31, 2017 3:54 PM To: Newman, Ryan (OLP) me." 2.2: 4:211: (C: Colborn, Paul 9 (OLC) (6) Subject: FW: DUE 12 PM TUESDAY - DAG QFRs -- Conversations With President and Voting Rights Justice Department Policv Re: Conversations with the President Attorney General Sessions has said that it is Department of Justice policy to not disclose to Congress private conversations with the President. 1. Can you proxide this Committee a copy of this policy"?_ - - 2. When was this policy adopted?? (5) - - 3. 'Who crafted this policy?? - - 4. What were the factors considered when this policy was adopted by the Depamnent Document ID: 0.7.14363.21645 20180226-0005474 The President: 5 Mar 11, 201'?: Executive Order created a Presidential Adxisorjc Commission on Election Integrity. Rather than protecting the right to vote in this country this commission seems directed at ?nding cases of voter fraud and impersonation which are very rare and much less conmlon than voter disenfranchisement through strict voter ID laws. What role did you and other Justice Deparunent employees play in ?riding the May 11 Executive Order? 20180226-0005475 Document ID: 0.7.14363.21645 2. 'Were career attorneys in the ivil Rights Division consulted,7 Ifnot: (5) (5) The Executive Order says the commission "shall have sta?? to provide support for its functions.? Has the Justice Department proxided any sta? to work full- or part-time for the commission"? (5) (5) 4. Do you think the rare incidences of voter fraud and impersonation merit the creation of this commission? (5) (5) (5) Thanks Cums Document ID: O.7.14363.21645 20180226-0005476 Troester, Robert J. (ODAG) From: Sent: To: Subject: clear for CRT Troester, Robert J. (ODAG) Monday, July 31, 2017 6:12 PM Ferrato, Katherine M. Medina, Amelia (ODAG) Fwd: DUE 12 PM TUESDAY - DAG QFRs from 6/13/17 House and Senate Appropriations Hearing Begin forwarded message: From: "Gannon, Curtis E. (6) Date: July 31, 2017 at 5:01:07 PM EDT To: "Policy, CRT "Escalona, Prim <.3escalona@jmd..isdoigovz "Troester, Robert J. Cc: "Whitaker, Henry C. (6) . ?Hart, Rosemary (6) Daniel (6) "Forrester, Nate (6) Subject: RE: DUE 12 PM TUESDAY - DAG QFRs from 6/13/17 House and Senate Appropriations Hearing Thanks Arati (5) From: Policy, CRT (CRT) Sent: Monday, July 31, 2017 4:37 PM To: Gannon, Curtis E. Hart, Rosemary (OLC) Cc: Whitaker, Henry C. Daniel (OLC) Forrester, Nate Policy, CRT (CRT) 45131314931? Subject: RE: DUE 12 PM TUESDAY - DAG QFRs from 6/13/17 House and Senate Appropriations Heanng Additionally,(b) (5) Aratl \lai?v. -am magisiative and 30110; Analyst CIVII Rights .J.S. Department of Justice From: Naik Jain, Arati (CRT) Sent: Monday, July 31, 2017 4:13 PM Document ID: 0.7.14363.11176 20180226-0005641 To: Gannon, Curtis E. (OLC) (6) Hart, Rosemary (Cc: Whitaker, Henry C. Daniel orresrer Narerorcu Policy cm (CRT) Subject: RE: DUE 12 9M TUESDAY- DAG QERs from 6/13/17 House and Senate Appropriations Heanng Thank you. (5-) Thank you, Arati From: Gannon, Curtis E. (OLC) Sent: Monday, July 31, 2017 1:48 OM To: Hart, Rosemary Naik Jain, Arati (CRT) Cc: Whitaker, Henry C. Daniel (OLC) (6) Forrester, Nate (om? Subject: RE: DUE 12 9M TUESDAY - DAG QFRs from 6/13/17 House and Senate Appropriations Heanng Document ID: 0.7.14363.11176 20180226-0005642 Pollm CRT 12" Policy, CRT (CRT) Monday, July 31, 2017 5:16 PM Gannon, Curtis E. (OLC) Esoalona. Prim Troester, Robert J. Whitaker, Henry C. Hart. Rosemary Daniel Forrester, Nate Helfman, Tara (CRT Re: DUE 12 PM TUESDAY - DAG QFRs from 6/13/17 House and Senate Appropriations Hearing Adding Tara Hellman, Senior Counsel in CRT's front of?ce. Thank you, Arati On Jul 31, 2017, at 5:01 PM, Gannon, Curtis E. wrote: Duplicatix'e Material Document ID: 01.143631 1090 Gore, John (CRT) From: Gore, John (CRT) Sent: Monday, July 31, 2017 4:34 PM To: Troester, Robert J. (ODAG) Cc: Treene, Eric (CRT) Subject: RE: DUE 12 PM TUESDAY - DAG QFRs -- Voting Rights (Commission on Election Integrity) (13) (5) John M. Gore Acting Assistant Attorney General Civil Rights Division US. Department ofJustice From: Troester, RobertJ. (ODAG) Sent: Monday, July 31, 2017 4:33 PM To: Gore, John Cc: Treene, Eric Subject: Re: DUE 12 PM TUESDAY - DAG QFRs -- Voting Rights (Commission on Election Integrity) On Jul 31, 2017, at 4:28 PM, Gore, John wrote: Thanks. am John M. Gore Acting Assistant Attorney General Civil Rights Division US. Department ofJustice From: Troester, Robert J. (ODAG) Sent: Monday, July 31, 20174:10 PM To: Gore, John (CRT) (6) Cc: Treene, Eric (CRT) (6) Subject: FW: DUE 12 PM TUESDAY - DAG QFRs -- Voting Rights (Commissron on Election Integrity} Document ID: 0.7.14363.11250 20180226-0005863 From: Gannon, Curtis E. (OLC) Sent: Monday, July 31, 2M Farrier}. Nalk Jain. Aratr (can 0c: Whitaker, Hemy C. Daniel (OLC) Forrester. Nate Sublect: RE: DUE 12 PM TUESDAY - DAG QFRS from 6/ 13/ 17 House and Senate Appropriations Heari - Duplicative Material Document ID: 01.143631 1250 Gore, John (CRT) From: Gore, John (CRT) Sent: Wednesday, July 19, 2017 4:15 PM To: Flores, Sarah lsgur Parker, Rachel (OASG) Subject: FW: Vanita Gupta column on Civil Rights Division Attachments: The Voter Purges Are Coming - The New York Times.pdf; nvra.draft.response.docx; NVRADraft.Response.2.docx Sarah: (5) Devin O?Malley. a Justice Department spokesman. said the department?s review of list maintenance procedures hadn't been done in many years. ?The Department of Justice is committed to free and fair elections for all Americans. Congress enacted the list-maintenance provisions speci?cally to advance that goal. The Department had not conducted a review of state and local list- maintenance activities under the NVRA for many years,? he said in a statement. ?The Department looks forward to working with state and local election of?cials to facilitate appropriate list-maintenance activities toward our common goal of free and fair elections for all voters.? us 595d22ble4b0da2c7326c38b I look forward to discussing this. Thanks. John M. Gore Deputy Assistant Attorney General Civil Rights Division U.S. Department ofJustice Document ID: 0.7.14363.30072 20180226-0006640 From: Flores, Sarah lsgur (OPA) Sent: Wednesday, July 19, 2017 4:09 PM To: Brand, Rachel (OASG) Gore, John (CRT) Panuccio, Jesse (OASG) Subject: RE: Vanita Gupta column on Civil Rights Division (10(5) From: Brand, Rachel (OASG) Sent: Wednesday, July 19, 2017 3:04 PM To: Gore, John (CRT) (6) Flores, Sarah lsgur (OPA) Panuccio, Jesse Subject: FW: Vanita Gupta column on Civil Rights Division 5W. (5) From; Brandd? Rachel Brand's Personal Email Sent: Wednesday, July 19, 2017 2:01 PM To: Brand, Rachel (OASG) Subject: Fwd: Vanita Gupta column on Civil Rights Division Begin forwarded message: From: "\Voodn? Betsy" theda?vbeastcom> Date: Jul}' 19, 2017 at11145201AM EDT T0: (6) Rachel Brand's Personal Email Subject: Vanita Gupta column on ivil Rights Division Hey Rachel, I'm doing a piece on the DOJ's response to this Vanita Gupta NYT op-ed saying the Civil Rights Division is gearing up to purge the voter rolls Just wanted to let you know since it's your you have any thoughts on background about it? or ideas of folks I should reach out to about it? It's a pretty astounding thing to say about the CRD Document ID: 0.7.14363.30072 20180226-0006641 Betsy Woodruff Politics Reporter, The Daily Beast Signal/cell phone: (bi i 6) 1825 Connecticut Ave NW, Suite 620, Washington DC. httos linkedin Document ID: 011436330072 20180226-0006642 7/1 9/201 7 The Voter Purges Are Coming The New York Times https://nyti.ms/2uxxwVS The Opinion Pages OP-ED CONTRIBUTOR The Voter Purges Are Coming By VANITA GUPTA JULY 19, 2017 The Trump administration’s election-integrity commission will have its first meeting on Wednesday to map out how the president will strip the right to vote from millions of Americans. It hasn’t gotten off to the strongest start: Its astonishing request last month that each state hand over voters’ personal data was met with bipartisan condemnation. Yet it is joined in its efforts to disenfranchise citizens by the immensely more powerful Justice Department. Lost amid the uproar over the commission’s request was a letter sent at the same time by the Justice Department’s civil rights division. It forced 44 states to provide extensive information on how they keep their voter rolls up-to-date. It cited the 1993 National Voter Registration Act, known as the Motor-Voter law, which mandates that states help voters register through motor vehicle departments. The letter doesn’t ask whether states are complying with the parts of the law that expand opportunities to register. Instead it focuses on the sections related to maintaining the lists. That’s a prelude to voter purging. Usually the Justice Department would ask only a single state for data if it had evidence the state wasn’t complying with Motor-Voter. But a blanket request to every state covered under that law is virtually unprecedented. And unlike the https://www.nytimes.com/201 7/07/1 9/opinion/donald trump voting rights purge.html Document ID: 0.7.14363.30072-000001 1 /4 20180226-0006643 7/1 9/201 7 The Voter Purges Are Coming The New York Times commission, the Justice Department has federal statutory authority to investigate whether states are complying with the law. These parallel efforts show us exactly how the Trump administration will undertake its enormous voter suppression campaign: through voter purges. The voter rolls are the key. Registration is one of the main gateways to political participation. It is the difference between a small base of voters pursuing a narrow agenda and an electorate that looks like America. Here’s how the government will use voters’ data. It will create a national database to try to find things like double-voters. But the commission won’t be able to tell two people with the same name and birthday apart. Such errors will hit communities of color the hardest. Census data shows that minorities are overrepresented in 85 of the 100 most common last names. Purging voters is part of a larger malicious pattern that states have employed across the country. Georgia and Ohio are being sued for carrying out early versions of what we can expect from the Trump administration. To enact his plan, President Trump has assembled the voter suppression dream team of Kris Kobach, Ken Blackwell, Hans von Spakovsky and J. Christian Adams, who have all made wildly inflated claims about voter fraud. Mr. Kobach has been at the vanguard of a crusade against Motor-Voter and has been sued at least three times for making it harder for Kansans to vote. Before the 2016 election, he illegally blocked tens of thousands of voters from registering. Mr. Blackwell rejected registration forms because they were printed on paper he thought was too thin. Mr. von Spakovsky has led numerous unsuccessful legal efforts to diminish voter participation and to fight voting rights. Mr. Adams published personal information about people whom he wrongly accused of committing multiple felonies in a flawed hunt for fraud. The commission’s efforts have been similarly sloppy so far. At least seven lawsuits claim it has violated federal and constitutional law, including privacy rights or transparency laws. https://www.nytimes.com/201 7/07/1 9/opinion/donald trump voting rights purge.html Document ID: 0.7.14363.30072-000001 2/4 20180226-0006644 7/1 9/201 7 The Voter Purges Are Coming The New York Times The litigation and pushback from the states that have refused to turn over voters’ data have slowed the efforts down, for now. But my biggest fear is that the government will issue a report with “findings” of unsupported claims of illegal voting, focused on communities of color. These wild claims won’t be just hot air. Members of Congress will seize on them to turn back protections in federal law. States will enact new barriers to the ballot box. Courts will point to the commission’s work to justify their decisions. The irony is that there are serious threats to our voting systems, from cyberattacks to aging machines to Russian interference to discriminatory voter ID laws at the state level. Those are the real problems, but that’s not what the commission was created to address. In response to all this, citizens are pulling themselves off voter rolls out of fear that their personal information will be leaked. A Denver elections official said her office has seen a 2,150 percent increase in voter registration withdrawals. Taking ourselves off the rolls means sacrificing our voices and giving the Trump administration exactly what it wants. We need to push back. Local election registrars are really in control of the rolls and have the final say on most purges. We need to organize in our communities and ensure they hear our concerns. Voting experts must debunk the administration’s false claims of fraud. Civil rights law firms should continue to do battle in courtrooms. Local politicians from both parties ought to stand firm against pressure from Washington. Rest assured that the Leadership Conference on Civil and Human Rights coalition, and our allies, will be in the thick of this fight. Vanita Gupta, the president and chief executive of the Leadership Conference on Civil and Human Rights, was a head of the civil rights division at the Justice Department in the Obama administration. Follow The New York Times Opinion section on Facebook and Twitter (@NYTopinion), and sign up for the Opinion Today newsletter. A version of this op-ed appears in print on July 1 9, 201 7, on Page A27 of the New York edition with the headline: The Voter Purges Are Coming. https://www.nytimes.com/201 7/07/1 9/opinion/donald trump voting rights purge.html Document ID: 0.7.14363.30072-000001 3/4 20180226-0006645 7/1 9/201 7 The Voter Purges Are Coming The New York Times © 201 7 The New York Times Company https://www.nytimes.com/201 7/07/1 9/opinion/donald trump voting rights purge.html Document ID: 0.7.14363.30072-000001 4/4 20180226-0006646 of the l?rtitah gtatea ?01 20515 July 18, 2017 Vice President Michael Pence The White House 1600 Ave, NW. Washington, DC. Dear Mr. Vice President: As the ranking members of the House committees of jurisdiction, we write to you to express our grave concerns regarding the June 28, 2017, request by Kris Kobach, the Vice Chair of the Presidential Advisory Commission on Election Integrity (?Commission?) that all 50 States and the District of Columbia provide him with sensitive voter information. We also write to express our concerns with Mr. Kobach?s position on the Commission, his actions to date, and several con?icts of interest that should prevent him from serving as Vice Chair. The clear majority of our state election administrators?including numerous Republican elected officials?oppose the Vice Chair?s request, which was made directly after a secret, unof?cial meeting of the Cormnission?s members. The request failed to specify t0 the public how that information would be used, and provided no clear or sufficient safeguards to protect sensitive voter information. These actions openly flout federal privacy and transparency laws. Furthermore, Mr. Kobach has repeatedly claimed, falsely, that widespread voter fraud exists and advertises his work on the Commission to promote his own campaign for governor of Kansas. These actions undermine the integrity of the Commission and raise significant concerns that the Commission will be used as a tool for voter suppression. We understand that the Commission has asked states to ?hold off? on submitting their voter information while a federal court considers a motion for a restraining order ?led by the Electronic Privacy Information Center Any temporary halt is insufficient. We request that you rescind Mr. Kobach?s request for voter information, ask Mr. Kobach to step down from the Commission, and use the July 19 Commission meeting to announce these changes and explain, in a forthright manner, how the Commission intends to carry out its mission. The Mission of the Presidential Advisory Commission on Election Integrity Pursuant to Executive Order 13799, the mission of the Presidential Advisory Commission on Election Integrity is to ?consistent with applicable law, study the registration and voting processes used in Federal elections.? E.O. 13799 requires the Commission to submit a report to the President that identifies the following: PRINTED ON RECYCLED PAPER Document ID: 0.7.14363.8464-000001 20180226-0006749 Vice President Michael Pence Page 2 those laws, rules, policies, activities, strategies, and practices that enhance the American people?s con?dence in the integrity of the voting processes used in Federal elections; those laws, rules, policies, activities, strategies, and practices that undermine the American people?s con?dence in the integrity of the voting processes used in Federal elections; and those vulnerabilities in voting systems and practices used for Federal elections that could lead to improper voter registrations and improper voting, including fraudulent voter registrations and fraudulent voting.l On June 28, 2017, Mr. Kobach requested detailed voter histories from the Secretary of State or the Chief Election Of?cer of all 50 states and the District of Columbia. He requested that they provide to the Commission publicly available voter roll information, including: [T]he full ?rst and last names of all registrants, middle names or initials if available, addresses, dates of birth, political party (if recorded in your state), last four digits of social security number if available, voter history (elections voted in) from 2006 onward, active/inactive status, cancelled status, information regarding any felony convictions, information regarding voter registration in another state, information regarding military status, and overseas citizen information.2 Mr. Kobach?s letter seeks to collect and aggregate the sensitive, personal information of voters across the country, in the span of two weeks. It did not provide any information about procedures in place to protect voter privacy or the security and integrity of state voter data. This request is unprecedented. Never before has any federal official made such a sweeping request to state election of?cials for private, personal voter records. Election of?cials in at least 45 states, including many Republican election of?cials, have refused to comply with the Vice Chair?s request, either fully or in part, citing state privacy laws, federalism concems, or serious doubts about the true motivation behind the Commission?s intentions for the voter infonnation. The request appears to violate numerous state laws regarding the privacy and collection of voter information. The former Deputy Assistant Attorney General of the Department of Justice?s Civil Rights Division decried Mr. Kobach?s actions, noting that Mr. Kobach?s request is ?massively in'esponsible? and possibly illegal.3 Exec. Order No. 13799, ?Establishment of Presidential Advisory Commission on Electiori Integrity,? 82 Fed. Reg. 22389 (May 16, 2017). 2 Letter from Kris W. Kobach, Vice Chair, to the Honorable John Merrill, Secretary of State, Alabama (June 28, 2017) (online at lS-SOS-Letter). 3 All Your Voter Data Are Belong to Us, Take Care (June 30, 2017) (online at takecareblcg.com/blog/all- Document ID: 0.7.14363.8464-000001 20180226-0006750 Vice President Michael Pence Page 3 Mr. Kobach?s request has also deeply alanned voters, who are reportedly contacting election of?cials with fears about the Administration?s intent and, of greatest worry, requests to cancel their voter registrations to protect private data.4 Security Concerns Mr. Kobach?s request to state election of?cials raises serious and signi?cant cybersecurity concerns. In fact, Michael Chertoff, Secretary of Homeland Security under President George W. Bush, has warned that the Vice Chair?s plans to collect and aggregate sensitive voter information risks running afoul of the President?s May 11?h cybersecurity executive order?which is focused on improving database safeguards.5 Speci?cally, in a recent op?ed in the Washington Post, former Secretary Chertoff warned that the personal identifying information would be a tempting target for identity theft and criminal activity, both domestic and foreign, and advised that, if the Commission proceeded with the collection of sensitive data, ?the Administration should honor its own recent cybersecurity executive order and ensure that the data is not stolen by hackers or insiders.?6 Mr. Kobach?s letter directs state of?cials to send sensitive personal information for hundreds of millions of voters to the Commission by highly insecure means?either to a government email address gov), or to a ?le exchange system, Safe Access File Exchange In his letter, Mr. Kobach stated that the SAFE system ?is a secure FTP site the federal government uses for transferring large data ?les.? However, accessing the SAFE system through Google Chrome leads to a warning screen with a noti?cation that the site is insecure. The SAFE website itself cautions that: SAFE uses the TLS (Transport Layer Security) protocol when ?les are uploaded or downloaded. However, users should be aware that the limited use PIN employed to access a SAFE package, is sent Via email. Therefore, the PIN is only as secure as the email system.7 yo ur-voter-data-are-belong-to 4 Hundreds Withdraw Colorado Voter Registrations in Response to Comph'ance with Commission Request, The Denver Channel, (July 7, 2017) (online at Worried Voters to "Unregister" After Trump Voter-Roll Request, The Orland Sentinel, (July 7, 2017) (online at 5 Michael Chertoff, Trump ?s voter data request poses an unnoticed danger, The Washington Post (July 5, 2017) (online at 11ationa1-security/20l 7/07/05/4706f060-6009-l 3f78290d24f2). 6 Id. 7 AMRDEC SAFE, Knowledge Base Page, ?How secure is (online at Document ID: 0.7.14363.8464-000001 20180226-0006751 Vice President Michael Pence Page 4 In addition to this speci?c concern about the means of data transmission, we are generally troubled by the attempt to amass extensive voter data in a single, centralized database. The Commission has not offered any plan to protect its proposed nation-wide voter database, even after federal of?cials have con?rmed that voter databases in at least 21 states were hacked in last year?s election by Russia. A January 2017 report by the Director of National Intelligence detailed Russia?s brazen attacks on our nation?s election systems and ominously warned that Russia will use what it learned in 2016 to meddle in future elections.8 Instead of building a highly insecure nation-wide database, the Commission should focus its attention on providing guidance and best practices to secure America?s election infrastructure from foreign interference. Rather than taking steps to protect sensitive data, in his initial letter to states, Mr. Kobach stated that he planned to make the information that he collected public, stating: ?Please be aware that any documents that are submitted to the full Commission will also be made available to the ?9 publ1c. After facing a lawsuit, Mr. Kobach ?led a declaration with the court, stating that: ?For voter roll data, I intended that the states use the Safe Access File Exchange which is a secure method of transferring large ?les up to two gigabytes (GB) in size.?10 He also declared that ?The Commission intends to maintain the data on the White House computer system.?11 Mr. Kobach later stated: ?As this is a Presidential advisory commission, the White House is responsible for collecting and storing data for the Commission The Commission?s Designated Federal Of?cer (an employee within the Of?ce of the Vice President) will work with White House Information Technology staff to facilitate collection and storage.?12 The Commission has also failed to follow best practices for protecting private information, as established in the E-Government Act. The Commission has refused to develop a Privacy Impact Statement to describe either how the Commission intends to use the information collected or how it will safeguard the sensitive private information of American voters. While White House lawyers have explained that the Commission is not legally required to ?le the Privacy Impact Statement because the Commission is not an ?agency? under the E?Gov Act, this argument ignores the underlying issue? the Commission?s refusal to disclose to the public how, 3 Of?ce of the Director of National Intelligence, Assessing Russian Activities and Intentions in Recent US. Elections, ii (January 2017) (ICA 2017 01D), (online at 9 Letter from Kris W. Kobach, Vice Chair, PACEI, to the Honorable John Merrill, Secretary of State, Alabama (June 28, 2017) (online at '0 Declaration of Kris W. Kobach, 3 (July 5, 2017), Electronic Privacy Information Center v. Presidential Advisory Commission on Election Integrity, et all, D.D.C. (No. l:l7-cv-1320 (CKKD (online at Id. '2 DOJ Says Lawsuit Over Collection of Voter Dotti Has No Legs, Promises to Secure Data, CNN (July 6, 2017) (online at Document ID: 0.7.14363.8464-000001 20180226-0006752 Vice President Michael Pence Page 5 or if, it will protect private voter data. 13 Such a disclosure is essential to imparting to the American public that you and the other members of the Commission are serious about avoiding actions that could undermine con?dence in the integrity of the voting processes used in Federal elections. Violation of Federal Advisory Committee Act Your initial, secret ?organizational call with members of the Presidential Advisory Commission? appears to have violated the Federal Advisory Committee Act (FACA). FACA requires the Commission to provide ?timely notice? of every meeting in the Federal Register and to open every meeting to the public. 14 On June 28, 2017, the Of?ce of the Vice President reported publicly that you had held a private phone call that morning with the members of the Commission. According to your office?s ?readout? of the meeting: Vice Chair of the Commission and Kansas Secretary of State Kris Kobach told members a letter will be sent today to the 50 states and District of Columbia on behalf of the Commission requesting publicly?available data from state voter rolls and feedback on how to improve election integrity. '5 FACA also requires the Commission to make its records available to the public.16 No such information or records have been made available to the public at this time. Damaging False Statements and Violations of the Hatch Act We further demand that the Vice Chair of the Commission be removed from his position because of false public statements about voter fraud and his use of his of?cial position to further his political campaign for governor of Kansas. Mr. Kobach has repeatedly made false public statements about the existence of widespread voter fraud in our federal elections. For example, Mr. Kobach has repeatedly asserted in the past that voting by ?aliens? is rampant. He is also reportedly the source of President Trump?s assertions that he believed he lost the popular voter because of voter fraud. ?7 13 Id. '4 Federal Advisory Committee Act 5 U.S.C. app. 11. 15 The White House, Readout of?ie Vice President ?s Cali with the Presidential Advisory omn-rission on Election Driegrity (June 28, 201'?) (online at I6 Federal Advisory Committee Act 5 U.S.C. app. 11. 17 The Man Behind Trump ?s Voter-Fraud Obsession, The New York Times, (June 13, 2017) (online at com/magazine/ the?man?behind?trumps?vo ter-fraud-ob . Document ID: 0.7.14363.8464-000001 20180226-0006753 Vice President Michael Pence Page 6 After the November election, he told reporters think the president- elect is absolutely correct when he says the number of illegal votes cast exceeds the popular? vote margin between him and Hillary Clinton Those false and unsubstantiated statements undermine faith in our election system, which is counter to the mission of the Commission. In addition, a Kansas Judge recently sanctioned and fined Mr. Kobach $1,000 in a voting rights case for making ?patently misleading representations to the court? regarding the content of documents that were subject to discovery.19 Mr. Kobach also appears to have violated the Hatch Act by using his of?cial Commission role to promote his 2018 gubematon'al candidacy and solicit campaign contributions The Hatch Act prohibits any executive branch employee from ?using his of?cial authority or in?uence for the purpose of interfering with or affecting the result of an election.?20 As a special government employee Mr. Kobach is subject to the Hatch Act because of his role with the PACEI. While a SGE can run for partisan political of?ce (unlike full?time employees), he must maintain strict separation between his candidacy and federal govemment Mr. Kobach appears not to have maintained that strict separation. The Hatch Act complaint ?led by the Lawyers? Committee for Civil Rights Under Law cites the following examples: a On June 30, 2017, Mr. Kobach was interviewed by Fox News and as an of?cial representative of the PACEI.21 He promoted these interviews in advance on his Twitter page (which is paid for by Kansas for Kobach), and the interviews were later posted on his Facebook and Twitter pages. 0 The ?About" page of his campaign website highlights Mr. Kobach?s role on the Commission, boasting: ?He continues to work with the President on matters of election fraud, ilmnigration, and national security. President Trump knows there is no greater leader 011 these issues, which is why he named Kris to serve as the Vice Chair of the Presidential Commission on Election Integrity.? . The ?News? page of his campaign website links to several stories that focus on Mr. Kobach?s work on the PACEI. '8 Id. '9 Fish v. Kobach, No. '7 (D. Kan. June 23, 2017) (order imposing sanctions). 20 Hatch Act, 5 U.S.C. 7323. 3' Live with Velsi and Ruble, (June 30, 2017); ticker Car/son tonight, Fox News (June 3 0, 2017). I Document ID: 0.7.14363.8464-000001 20180226-0006754 Vice President Michael Pence Page 7 I Mr. Kobach has also promoted his Commission role in campaign appearances. He appeared on local television for a ?let?s have a beer and talk? the day he launched his campaign for governor, and discussed his role as Vice Chair of the Commission and the work he expected the Commission to perform.22 Mr. Kobach?s partisan activity and his recent sanctions for dishonesty before a court of law cast a shadow over the Commission and undermine its integrity. Mr. Kobach should step down as Vice-Chair and be replaced with an individual who can be trusted to ensure that the Commission operates in a bipartisan manner to protect voter information and to protect the right of Americans to vote. Voter Suppression We have serious concerns that Mr. Kobach?s purpose in gathering state voter rolls is to conduct a data-matching project that matches each state voter list with other federal databases, in an attempt to discover and then potentially purge purported ?fraudulent registrations.? Your own spokesman, Marc Lotter, con?rmed to ProPublica that ?the state voter information will be run ?through a number of different databases, looking for the possibility for areas where voter rolls could be strengthened. ??23 The data the Commission seeks, however, is ill-suited to accurate matching. Election experts advise that using the data the Commission seeks will result in ?thousands of false positives? that could ?significantly overstate the amount of double voting and voting by non- citizens.?24 Mr. Kobach already runs a voter matching program, called the Interstate Voter Registration Crosscheck program, which is notorious for its high rate of errors. A recent Stanford University study found Crosscheck produced ?200 false positives for every actual double registration.?25 In addition, on the same day that Mr. Kobach sent these letters to states, the Department of Justice sent a letter to 44 states demanding detailed information on their voter list maintenance procedures. The Justice Department letter did not request any information about state 23 Lawyers? Committee for Civil Rights Under Law, Lawyers Comn-ritiee for Civil Rights Under Law Files Hatch Act Complaint Against Kris Kobacli (July 3, 2017) (online at 23 Election Expert?s See laws in Trump Voter Commission ?3 Plan to Smoke our rand, ProPublica, (July 6, 2017) (online at out?fraud). 2? Id; see also What is Kris Kobaeh Up To?, Politico (July 3, 2017) (online at 32). 25 See Election Experts See Flaws. Document ID: 0.7.14363.8464-000001 20180226-0006755 Vice President Michael Pence Page 8 compliance with the provision of the National Voter Registration Act, which requires that motor vehicle and public assistance agencies register new voters. We are concerned that the Department of Justice and the Commission will use inaccurate and false positive matches to inaccurately in?ate estimates of voter fraud. The Commission would better serve American voters if it focused on the growth of voter suppression laws that have spread since the Supreme Court undermined the protections of the Voting Rights Act in Shelby County v. Holder.26 In 2017 alone, at least 99 bills restricting access to registration and voting have been introduced in 31 states, including bills making it more dif?cult for students and others to claim residency, and bills limiting absentee or early in-person voting.27 During the 2016 general election, there were at least 868 fewer polling places in states that were previously ?covered jurisdictions? under Section 5 of the Voting Rights Act, including Arizona, Texas and North Carolina.? States continue to pursue imposing restrictive voter identi?cation requirements, despite their known discriminatory impact on voters on the basis of race and other protected characteristics. In Texas, based on expert testimony and data analysis, the Fifth Circuit Court of Appeals upheld a lower court ?nding ?that about 608,000 registered voters in Texas lacked the types of identi?cation required by the law, with a disproportionate number being black or Hispanic.?29 The Commission should explore increasing access to voting, not perpetuating the false and damaging notion that massive voter ?'aud exists in our nation?s elections. We will ?ercely oppose any attempt by this Administration to suppress the vote and undermine the protections guaranteed by the U.S. Constitution, the National Voter Registration Act, the Voting Rights Act, and other important voter protection laws. Questions and Request for Documents We request that in your meeting on July 19, you address publicly the following questions: 1. How will the Commission ensure future compliance with all applicable laws, including privacy and transparency laws? 26133 s. or. 2612 (2013). 27 Brennan Center for Justice, Voting Laws Roundup 2017 (online at 23 The Leadership Conference Fund, The Great Poll Closure, 4 (Nov. 2016) (online at 39 Federal Court Rules Tems? ID Law Vz'olates Voting Rights Act, The New York Times (July 20, 2016) (online at Document ID: 0.7.14363.8464-000001 20180226-0006756 Vice President Michael Pence Page 9 2. Will the Commission produce and make public a Privacy Impact Statement prior to any future collection of information? 3. How does the Commission intend to protect any sensitive voter or voting information it receives? 4. In his Declaration to the DC. District Court in the EPIC lawsuit, Mr. Kobach declares that ?the Commission intends to maintain the data on the White House computer system.? For what purpose(s) will the White House use any collected data? Who will have access to it? What restrictions will be placed on its use? 5. Does the Commission intend to fully comply with Executive Order 13800, the President?s Executive Order on Strengthening the Cybersecurity of Federal Networks and Critical Infrastructures (dated May 11, 2017)? 6. The Department of Homeland Security has the responsibility to protect national critical infrastructure from cyber attacks. Has the Commission been in contact with or consulted with the Department of Homeland Security? 7. Did the Commission consult with the Department of Homeland Security or any experts inside or outside of the federal govermnent regarding the decision to collect and aggregate sensitive voter information in one database? 8. Will the Commission hire professional, objective data professionals to manage and analyze any data collected? Will these professionals undergo a security background investigation prior to working with the data? 9. Has the Commission or any of its Members had any communication with any individual at the Voting Section of the Department of Justice regarding its June 28, 2017 request to 44 states for detailed information on voter maintenance procedures? 10. Has the Commission or any of its Members discussed the Commission and its work with any individual at the Department of Justice? 11. Is the Commission committed to examining acts of voter suppression and intimidation, and to make recommendations on protecting and expanding voter?s access to the polls and the ballot? 12. What steps will the Commission take to ensure that its Members do not engage in partisan political activity while serving on the Commission? Document ID: 0.7.14363.8464-000001 20180226-0006757 Vice President Michael Pence Page 10 13. Please explain your decision not to join Mr. Kobach in sending letters to all 50 States and the District of Columbia requesting sensitive voter information. In addition to responding to these questions, please provide to us the documents described below. For all communications requested, please include internal Commission communications as well as communications between the Commission (including members, staff, or other employees) and external parties, including federal or state government officials or employees, employees or other representatives of private organizations, or any other non- Commission persons. 1. All documents and communications regarding or relating to the purposes and goals of the Commission; 2. all documents and communications regarding or relating to Mr. Kobach?s June 28, 2017, letter to all 50 States and the District of Columbia requesting sensitive voter data; 3. all documents and communications regarding or relating to Commission meetings, including all meeting agendas and meetings minutes or other memorialization of meeting topics and discussions; 4. all documents and communications regarding or relating to Commission discussions with individuals at the Department of Justice; 5. all documents and communications regarding or relating to Commission discussions with individuals at the Department of Homeland Security; 6. all documents and communications regarding or relating to procedures in place or plans to implement procedures to protect data in the Commission?s possession; 7. all documents and communications regarding or relating to Commission policies for the use of state voter data; 8. all documents and communications regarding or relating to compliance with relevant federal and state statutes and regulations; and 9. all documents and communications regarding or relating to the duties, roles, or responsibilities of Commission members, including any restrictions on members? activities. In addition to addressing the above questions in your upcoming meeting, please provide to us written responses by July 26, 2017, and please provide the requested documents by August 1, 2017. Document ID: 0.7.14363.8464-000001 20180226-0006758 Vice President Michael Pence Page 1 1 The right to vote and right to participate in government are sacred and fundamental to the strength of our democracy. We must all collectively be engaged in protecting those rights. Thank you for your assistance. Sincerely, John Conyers, Jr. Ranking Member anking Member CGommittee on Oversight and Committee on the Judiciary H?nnie G. Thompson Robert A Brady Ranking Membe1 Ranking Member Committee on Homeland Security Committee on House Administration cc: Vice Chair Kris Kobach, PACBI cc: Indiana Secretary of State Connie Lawson cc: New Hampshire Secretary of State Bill Gardner cc: Maine Secretary of State Matthew Dunlop cc: Mr. Ken Blackwell cc: Ms. Christy McCormick, Commissioner, Election Assistance Commission cc: Mr. David Dunn cc: Mr. Mark Rhodes, Clerk, Woods County, West Virginia cc: Mr. Hans von Spakovsky cc: Mr. J. Christian Adams cc: Mr. Alan Lamar King cc: Chairman Trey Gowdy, House Committee on Oversight Government Reform cc: Chairman Michael McCaul, House Committee on Homeland Security cc: Chairman Bob Goodlatte, House Committee on the Judiciary cc: Chairman Gregg Harper, Committee on House Administration Document ID: 0.7.14363.8464-000001 20180226-0006759 O'Malley, Devin (OPA) From: O'Malley, Devin (OPA) Sent: Friday, June 30, 2017 1:56 PM To: Hovakimian, Patrick Cox, Stephen Flores, Sarah Isgur (OPA) Cc: Panuccio, Jesse (OASG) Subject: RE: Question from the Rachel Maddow Show From zpo?zeagezson Det?m O'Maller. "The Department of Justice is committed to free and fair elections for all Americans. Congress enacted the NVRA's list-maintenance provisions specifically to advance that goal. The Department had not conducted a review of state and local list-maintenance activities under the NVRA for many years. The Department looks forward to working with state and local election officials to facilitate appropriate list-maintenance activities toward our common goal of free and fair elections for all voters." Devin M. O?Malley Deparznc-nt ofjustce Of?ce of Publgc Affazrs Of?ce: .20: $53-$63 Ce:- From: Hovakimian, Patrick (OASG) Sent: Friday, June 30, 2017 1:54 PM To: Cox, Stephen (OASG) Flores, Sarah Isgur (OPA) Cc: Panuccio, Jesse O'Malley, Devin (OPA) Subject: RE: Question from the Rachel Maddow Show Devin (5) Thanks- From: Cox, Stephen (OASG) Sent: Friday, June 30, 2017 1:07 PM To: Flores, Sarah isgur (OPA) Cc: Hovakimian, Patrick (OASG)