U.S. Department of Justice Office of Legal Counsel Washington, D.C. 20530 December 29, 2017 Wendy R. Weiser Director, Democracy Program Brennan Center for Justice at NYU School of Law weiserw@brennan.law.nyu.edu Re: FOIA Tracking No. FYl 7-218, FYl 7-270; Brennan Ctr. for Justice v. U.S. Dep't of Justice, S.D.N.Y. No. 17-cv-6335 Dear Ms. Weiser: This letter partially responds to your May 15, 2017 and July 25, 2017 Freedom of Information Act ("FOIA") requests on behalf of the Brennan Center for Justice and The Protect Democracy Project to the Office of Legal Counsel ("OLC"), seeking a variety of records "relating to the Presidential Advisory Commission on Election Integrity or any other effort since November 8, 2016 to establish a commission, task force, or committee to study voter fraud or any aspect of the voting system." As you know, the requests have been assigned tracking numbers FYl 7-218 and FYl 7-270, and are also the subjects of the above-captioned litigation. We have completed our search for final OLC legal advice documents responsive to your request and have identified one responsive record. A copy of the record is enclosed. We are continuing to search for and process responsive records other than final OLC legal advice. For your information, Congress excluded three discrete categories oflaw enforcement and national security records from the requirements of the FOIA. See 5 U.S.C. ยง 552(c). 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. Your counsel may contact Assistant U.S. Attorney Casey Kyung-Se Lee, at 212-6372714, for any further assistance and to discuss any aspect of your request. Additionally, you may contact the Office of Government Information Services ("OGIS") at the National Archives and Records Administration to inquire about the FOIA mediation services they offer. The contact information for OGIS is as follows: Office of Government Information Services, National Archives and Records Administration, Room 2510, 8601 Adelphi Road, College Park, Maryland 20740-6001, e-mail at ogis@nara.gov; telephone at 202-741-5770; toll free at 1-877-684-6448; or facsimile at 202-741-5769. Although your request is the subject of ongoing litigation, and administrative appeals are not ordinarily acted upon in such situations, I am required by statute and regulation to inform you of your right to file an administrative appeal. You may administratively appeal by writing to the Director, Office oflnformation Policy ("OIP"), United States Department of Justice, Suite 11050, 1425 New York Avenue, NW, Washington, DC 20530-0001, or you may submit an appeal through OIP's FOIAonline portal by creating an account on the following web site: https://foiaonline.regulations.gov/foia/action/public/home. Your appeal must be postmarked or electronically transmitted within 90 days of the date of my response to your request. If you submit your appeal by mail, both the letter and the envelope should be clearly marked "Freedom of Information Act Appeal." Sincerely, ~~ ~ Paul P. Colborn Special Counsel Enclosure cc: Casey Kyung-Se Lee Assistant United States Attorney Southern District of New York 2 U.S. Department of Justice Office of Legal Counsel Office of the Ass istant Attorney General Washington, D.C. 20530 May 9, 2017 MEMORANDUM Re: Proposed Executive Order Entitled, "Establishment of Presidential Advisory Commission on Election Integrity " The attached proposed Executive Order was prepared by the Office of the Vice President and submitted to this Office for review with respect to form and legality. The proposed Order would establish the Presidential Advisory Commission on Election Integrity, chaired by the Vice President and including up to fifteen additional members. The Commission would submit to the President a report that identifies (1) laws, rules, policies, activities, strategies, and practices that either enhance or undermine the American people' s confidence in the voting processes used in federal elections; and (2) vulnerabilities in voting systems and practices used for federal elections. The proposed Executive Order is approved with respect to form and legality. Curtis E. Gannon Acting Assistant Attorney General U.S. Department of Justice Office of Legal Counsel Office of the Assistant Attorney General Washington, D.C. 20530 May 9, 2017 The President, The White House. My dear Mr. President: I am herewith transmitting a proposed Executive Order entitled, "Establishment of Presidential Advisory Commission on Election Integrity." This proposed Executive Order was prepared by the Office of the Vice President and submitted to this Office for review with respect to form and legality. The proposed Executive Order is approved with respect to form and legality. Respectfully, Curtis E. Gannon Acting Assistant Attorney General