USDA United States Department of Agriculture Office of the General Counsel 1400 Independence Ave. SW Washington, DC 20250-1400 May 22, 2020 Via Electronic Mail Austin Evers American Oversight 1030 15th Street NW, Suite B255 Washington, DC 20005 foia@americanoversight.org Dear Mr. Evers: This correspondence and the accompanying records constitute the final response to the Freedom of Information Act (FOIA) request submitted by American Oversight (AO) on November 8, 2019. This also responds to the matter of American Oversight v. U.S. Department of Labor, et al. Civil Action No. 1:20-cv-00563-JEB currently pending in the U.S. District Court for the District of Columbia. The pending Complaint in the above referenced matter is based on USDA’s alleged failure to comply with the applicable time-limit provisions of the FOIA in response to AO’s request for the following records: All email communications (including emails, email attachments, calendar invitations, and attachments thereto) between (a) the following specified officials serving in the White House Office and (b) the following specified agency officials: Specified White House Office Officials i. Stephen Miller (including but not limited to the email address Stephen.Miller@who.eop.gov) ii. Robert Gabriel (including but not limited to the email address Robert.Gabriel@who.eop.gov) iii. Jennifer Cytryn (including but not limited to the email address Jennifer.Cytryn@who.eop.gov) iv. McLaurine Klingler (including but not limited to the email address McLaurine.Klingler@who.eop.gov) VERSIGHT Specified Agency Officials i. ii. iii. iv. v. Sonny Perdue, Secretary Lauren Sullivan, Director of Scheduling Stephen Censky, Deputy Secretary Anyone serving as Chief of Staff, including Ray Starling and Joby Young (including in his former role as chief of staff for the Office of Congressional Relations) Michawn Rich, Communications Director Austin Evers FOIA Case No. 2020-OSEC-00744-F Page 2 vi. vii. viii. ix. Kristi Boswell, Senior Advisor Tim Murtaugh, Former Communications Director Stephen Vaden, General Counsel Anyone serving in the capacity of White House Liaison or Advisor, including but not limited to Sam Clovis Below are the details regarding the search efforts, records found in connection with the search, and a description of the FOIA exemptions applied to select records. Search Efforts Searches for records, specifically emails, email attachments, calendar invitations and any accompanying calendar attachments were conducted by the telecommunications provider, the Client Experience Center (CEC). The CEC provides comprehensive, fee-for-service information technology (IT) associated operations, security, and technical support services, as well as implements and manages enterprise IT solutions for users Department-wide. The search included the following agency officials for the period of January 20, 2017, to November 22, 2019: Records Custodians Searched Sonny Perdue Lauren Sullivan Stephen Censky Ray Starling Joby Young Heidi Green Michawn Rich Tim Murtaugh Kristi Boswell Stephen Vaden Sam Clovis Thomas Midanek Brenton McNeely Carly Miller Matthew Christianson The CEC search located forty-one (41) pages of records that are responsive to your request. These pages are Bates Numbered 001-041. Application of 5 U.S.C. §552(b)(5) “FOIA Exemption 5” FOIA Exemption 5 protects from disclosure those “inter-agency or intra-agency memorandums or letters which would not be available by law to a party other than an agency in litigation with the agency.” 5 U.S.C. §552(b)(5). This language is construed to protect records that are normally privileged in the civil discovery context, including through the deliberative process privilege. To fall within FOIA’s deliberative process privilege, the records must be both pre-decisional and deliberative. In this instance, the DFO is withholding email communications and email attachments reflecting deliberations on strategies for handling a media inquiry; drafting talking points; interagency draft comments on a Department of Homeland Security (DHS) rulemaking A\11 ICA PVERSIGHT Austin Evers FOIA Case No. 2020-OSEC-00744-F Page 3 initiative; a draft memorandum with substantial track changes regarding a DHS rulemaking initiative; deliberations on items for inclusion in a draft speech; and proposed actions on select current events. If released, this information would negatively impact the ability of the Executive Office of the President to solicit candid analysis on various agency initiatives. The withheld information also does not reflect any final position of USDA or other federal agencies. Accordingly, the information is both pre-decisional and deliberative. The DFO is also withholding certain information under the presidential communications privilege. Exemption 5 may incorporate virtually all civil discovery privileges; if a document is immune from civil discovery, it is similarly protected from mandatory disclosure under the FOIA. Rule 501 of the Federal Rules of Evidence allows courts to create privileges as necessary, which may be thereafter recognized under Exemption 5. The presidential communications privilege is one such privilege that has been recognized by courts under Exemption 5. The presidential communications privilege protects communications among the President and his advisors. It applies to documents in their entirety and covers final and post-decisional materials as well as pre-deliberative ones. The records being withheld here consist of documents that were solicited and received by the President or his immediate White House advisers who have broad and significant responsibility for investigating and formulating the advice to be given to the President. Accordingly, upon the advice of the White House Counsel’s Office, the records are being withheld under the presidential communications privilege. Application of 5 U.S.C. §552(b)(6) “FOIA Exemption 6” FOIA Exemption 6 permits the government to withhold information regarding individuals in “personnel, medical and similar files” when the disclosure of such information would constitute a clearly unwarranted invasion of personal privacy and where such privacy interests outweigh any public interest which would be advanced by disclosure. For purposes of the FOIA, the public interest is advanced when disclosure of the requested information educates the public about the activities of the government. Portions of the records produced were withheld under FOIA Exemption 6. In this instance, the DFO is withholding unpublished cell phone numbers, unpublished email, and information regarding personnel matters. These items fall under the category of “similar files” because they apply to particular individuals. Release of cell phone numbers and email addresses belonging to USDA and EOP employees could subject individuals to unwarranted or unsolicited communications, or even harassment. The other information is purely personal in nature and does not, in this instance, inform the public about what the government is up to. Because there is a viable privacy interest that would be threatened by disclosure of the information listed above and no outweighing public interest to be advanced by disclosure, FOIA Exemption 6 authorizes the DFO to withhold these items from release. Accordingly, the DFO has determined that the public interest in the information’s release does not outweigh the overriding privacy interests in keeping it confidential. A\11 ICA PVERSIGHT Austin Evers FOIA Case No. 2020-OSEC-00744-F Page 4 If you have any question or concerns about this final response or the pending civil action, please contact Kuntal Cholera, Trial Attorney, U.S. Department of Justice at Kuntal.Cholera@usdoj.gov. Sincerely, Alexis R. Graves Departmental FOIA Officer Office of the General Counsel Enclosure: VERSIGHT Responsive Records (41 pages) 2020-OSEC-00744-F From: Miller, Stephen EOP/WHO Sent: Wednesday, February 8, 2017 4:34 PM To: Clovis, Sam - OSEC, Washington, DC Subject: Re: I Need Your Help Many thanks. Will talk to John. Sent from my iPhone On Feb 8, 2017, at 4:31 PM, Clovis, Sam - OSEC, Washington, DC wrote: Stephen, I know you are swamped but I thought it important to reach out (b) (6) (b) (6) (b) (6) (b) (6) Talk soon. God Bless and God’s Speed. Sam Samuel H. Clovis, Jr. Doctor of Public Administration Senior White House Advisor US Department of Agriculture (202) 720-3275 (O) (M) (b) (6) This electronic message contains information generated by the USDA solely for the intended recipients. Any unauthorized interception of this message or the use or disclosure of the information it contains may violate the law and subject the violator to civil or criminal penalties. If you believe you have received this message in error, please notify the sender and delete the email immediately. VERSIGHT 001 USDA-19-1412-A-000001 2020-OSEC-00744-F From: Miller, Stephen EOP/WHO Sent: Wednesday, February 15, 2017 7:02 PM To: Clovis, Sam - OSEC, Washington, DC Subject: RE: (b) (6) Many thanks From: Clovis, Sam - OSEC, Washington, DC [mailto:Sam.Clovis@osec.usda.gov] Sent: Wednesday, February 15, 2017 5:10 PM To: Miller, Stephen EOP/WHO (b) (6) Subject: (b) (6) Stephen, Know you are busy but I wanted to give you a heads up. (b) (6) Hope that was OK. Hope to catch up soon. Sam Samuel H. Clovis, Jr. Doctor of Public Administration Senior White House Advisor US Department of Agriculture (202) 720-3275 (O) (M) (b) (6) This electronic message contains information generated by the USDA solely for the intended recipients. Any unauthorized interception of this message or the use or disclosure of the information it contains may violate the law and subject the violator to civil or criminal penalties. If you believe you have received this message in error, please notify the sender and delete the email immediately. VERSIGHT 002 USDA-19-1412-A-000002 2020-OSEC-00744-F From: Clovis, Sam - OSEC, Washington, DC Sent: Monday, March 6, 2017 4:34 PM To: (b) (6) - Stephen Miller Subject: (b) (6) Stephen, I know you are swamped with WH duties, but I wanted to let you know that (b) (6) . I thought it went very well. (b) (6) . I think it would go a long way. Hope you are doing well. Hope to speak to you soon. Keep giving them hell. Vr Sam Samuel H. Clovis, Jr. Doctor of Public Administration Senior White House Advisor US Department of Agriculture (202) 720-3275 (O) (M) (b) (6) This electronic message contains information generated by the USDA solely for the intended recipients. Any unauthorized interception of this message or the use or disclosure of the information it contains may violate the law and subject the violator to civil or criminal penalties. If you believe you have received this message in error, please notify the sender and delete the email immediately. VERSIGHT 003 USDA-19-1412-A-000003 2020-OSEC-00744-F From: Miller, Stephen EOP/WHO Sent: Tuesday, March 7, 2017 4:20 PM To: Clovis, Sam - OSEC, Washington, DC Subject: Re: Dr. Shulkin's Email Thanks Sent from my iPhone On Mar 7, 2017, at 3:31 PM, Clovis, Sam - OSEC, Washington, DC wrote: Stephen, Dr. Shulkin’s personal VA email is (b) (6) Thanks. Sam Samuel H. Clovis, Jr. Doctor of Public Administration Senior White House Advisor US Department of Agriculture (202) 720-3275 (O) (M) (b) (6) This electronic message contains information generated by the USDA solely for the intended recipients. Any unauthorized interception of this message or the use or disclosure of the information it contains may violate the law and subject the violator to civil or criminal penalties. If you believe you have received this message in error, please notify the sender and delete the email immediately. VERSIGHT 004 USDA-19-1412-A-000004 2020-OSEC-00744-F From: Miller, Stephen EOP/WHO Sent: Tuesday, April 25, 2017 11:21 AM To: Clovis, Sam - OSEC, Washington, DC Subject: Re: Finally Attachments: image001.png Great Sent from my iPhone On Apr 25, 2017, at 11:12 AM, Clovis, Sam - OSEC, Washington, DC wrote: Great turn out today for Secretary Perdue’s opening remarks at USDA. Packed house and a warm reception. Finally. Sam Samuel H. Clovis, Jr., MBA, DPA Senior White House Advisor -Office of the Secretary United States Department of Agriculture Office: 202.720.3275 Cell: (b) (6) This electronic message contains information generated by the USDA solely for the intended recipients. Any unauthorized interception of this message or the use or disclosure of the information it contains may violate the law and subject the violator to civil or criminal penalties. If you believe you have received this message in error, please notify the sender and delete the email immediately. VERSIGHT 005 USDA-19-1412-A-000005 2020-OSEC-00744-F From: Murtaugh, Tim - OC, Washington, DC Sent: Friday, May 12, 2017 1:44 PM To: Gabriel, Robert EOP/WHO CC: Starling, Ray A. EOP/WHO Subject: RE: (b) (5) Deliberative Process (b) (5) Deliberative Process From: Gabriel, Robert EOP/WHO (b) (6) Sent: Friday, May 12, 2017 12:19 PM To: Murtaugh, Tim - OC, Washington, DC Cc: Starling, Ray A. EOP/WHO (b) (6) Subject: RE: (b) (5) Deliberative Process Thanks. Can you please (b) (5) Deliberative Process ? From: Murtaugh, Tim - OC, Washington, DC [mailto:Tim.Murtaugh@oc.usda.gov] Sent: Friday, May 12, 2017 11:58 AM To: Gabriel, Robert EOP/WHO (b) (6) Cc: Starling, Ray A. EOP/WHO (b) (6) Subject: Re: (b) (5) Deliberative Process Yes. The below is from USDA's chief economist, Rob Johansson. On May 12, 2017, at 11:51 AM, Gabriel, Robert EOP/WHO (b) (6) wrote: Thank you, (b) (5) Deliberative Process ? From: Murtaugh, Tim - OC, Washington, DC [mailto:Tim.Murtaugh@oc.usda.gov] Sent: Friday, May 12, 2017 11:45 AM To: Gabriel, Robert EOP/WHO (b) (6) Cc: Starling, Ray A. EOP/WHO (b) (6) Subject: Fwd: (b) (5) Deliberative Process How's this? (b) (5) Deliberative Process VERSIGHT . 006 USDA-19-1412-A-000006 2020-OSEC-00744-F Begin forwarded message: From: "Johansson, Robert - OCE" Date: May 12, 2017 at 11:42:49 AM EDT To: "Murtaugh, Tim - OC, Washington, DC" Subject: FW: (b) (5) Deliberative Process Tim, See if this works. (b) (5) Deliberative Process Rob (b) (5) Deliberative Process This electronic message contains information generated by the USDA solely for the intended recipients. Any unauthorized interception of this message or the use or disclosure of the information it contains may violate the law and subject the violator to civil or criminal penalties. If you believe you have received this message in error, please notify the sender and delete the email immediately. VERSIGHT 007 USDA-19-1412-A-000007 2020-OSEC-00744-F From: Gabriel, Robert EOP/WHO Sent: Friday, May 12, 2017 2:33 PM To: Hafemeister, Jason - OSEC, Washington, DC; Murtaugh, Tim - OC, Washington, DC; Starling, Ray A. EOP/WHO CC: Green, Heidi - OSEC, Washington, DC; Lin, Merry S. EOP/NSC Subject: RE: (b) (5) Deliberative Process Ok. How about: (b) (5) Deliberative Process -----Original Message----From: Hafemeister, Jason - OSEC, Washington, DC [mailto:Jason.Hafemeister1@osec.usda.gov] Sent: Friday, May 12, 2017 2:28 PM To: Gabriel, Robert EOP/WHO (b) (6) ; Murtaugh, Tim - OC, Washington, DC ; Starling, Ray A. EOP/WHO (b) (6) Cc: Green, Heidi - OSEC, Washington, DC ; Lin, Merry S. EOP/NSC (b) (6) Subject: RE: (b) (5) Deliberative Process I would tweak the second point to say the following: (b) (5) Deliberative Process jh -----Original Message----From: Gabriel, Robert EOP/WHO (b) (6) Sent: Friday, May 12, 2017 2:26 PM To: Hafemeister, Jason - OSEC, Washington, DC ; Murtaugh, Tim - OC, Washington, DC ; Starling, Ray A. EOP/WHO (b) (6) Cc: Green, Heidi - OSEC, Washington, DC ; Lin, Merry S. EOP/NSC (b) (6) Subject: RE: (b) (5) Deliberative Process Thank you! Can you please confirm the following lines are accurate and correct: (b) (5) Deliberative Process -----Original Message----From: Hafemeister, Jason - OSEC, Washington, DC [mailto:Jason.Hafemeister1@osec.usda.gov] Sent: Friday, May 12, 2017 1:35 PM To: Gabriel, Robert EOP/WHO (b) (6) ; Murtaugh, Tim - OC, Washington, DC ; Starling, Ray A. EOP/WHO (b) (6) Cc: Green, Heidi - OSEC, Washington, DC ; Lin, Merry S. EOP/NSC (b) (6) Subject: RE: (b) (5) Deliberative Process (b) (5) Deliberative Process jh -----Original Message----From: Gabriel, Robert EOP/WHO (b) (6) Sent: Friday, May 12, 2017 10:53 AM To: Murtaugh, Tim - OC, Washington, DC ; Hafemeister, Jason - OSEC, Washington, DC VERSIGHT 008 USDA-19-1412-A-000008 2020-OSEC-00744-F ; Starling, Ray A. EOP/WHO (b) (6) Cc: Green, Heidi - OSEC, Washington, DC ; Lin, Merry S. EOP/NSC (b) (6) Subject: RE: (b) (5) Deliberative Process (b) (5) Deliberative Process -----Original Message----From: Murtaugh, Tim - OC, Washington, DC [mailto:Tim.Murtaugh@oc.usda.gov] Sent: Friday, May 12, 2017 10:39 AM To: Gabriel, Robert EOP/WHO (b) (6) ; Hafemeister, Jason - OSEC, Washington, DC ; Starling, Ray A. EOP/WHO (b) (6) Cc: Green, Heidi - OSEC, Washington, DC ; Lin, Merry S. EOP/NSC (b) (6) Subject: RE: (b) (5) Deliberative Process (b) (5) Deliberative Process 009 USDA-19-1412-A-000009 2020-OSEC-00744-F # -----Original Message----From: Gabriel, Robert EOP/WHO (b) (6) Sent: Friday, May 12, 2017 10:35 AM To: Hafemeister, Jason - OSEC, Washington, DC ; Murtaugh, Tim - OC, Washington, DC ; Starling, Ray A. EOP/WHO (b) (6) Cc: Green, Heidi - OSEC, Washington, DC ; Lin, Merry S. EOP/NSC (b) (6) Subject: RE: (b) (5) Deliberative Process Many thanks (b) (5) Deliberative Process Are there any hard numbers (b) (5) Deliberative Process . ? -----Original Message----From: Hafemeister, Jason - OSEC, Washington, DC [mailto:Jason.Hafemeister1@osec.usda.gov] Sent: Friday, May 12, 2017 10:30 AM To: Murtaugh, Tim - OC, Washington, DC ; Starling, Ray A. EOP/WHO (b) (6) Cc: Green, Heidi - OSEC, Washington, DC ; Gabriel, Robert EOP/WHO ; Lin, Merry S. EOP/NSC (b) (6) Subject: RE: (b) (5) Deliberative Process (b) (6) (b) (5) Deliberative Process jh -----Original Message----From: Murtaugh, Tim - OC, Washington, DC Sent: Friday, May 12, 2017 10:10 AM To: Starling, Ray A. EOP/WHO (b) (6) Cc: Green, Heidi - OSEC, Washington, DC ; Robert.Gabriel(b) (6) OSEC, Washington, DC Subject: RE: (b) (5) Deliberative Process ; Hafemeister, Jason - Jason See below. (b) (5) Deliberative Process VERSIGHT . Can you offer (b) (5) Deliberative Process 010 USDA-19-1412-A-000010 2020-OSEC-00744-F (b) (5) Deliberative Process Nice work, and thank you. -----Original Message----From: Starling, Ray A. EOP/WHO (b) (6) Sent: Friday, May 12, 2017 10:05 AM To: Murtaugh, Tim - OC, Washington, DC Cc: Green, Heidi - OSEC, Washington, DC Subject: FW: (b) (5) Del berative Process This is from Presidential Speechwriting. Can you (b) (5) Deliberative Process ? -----Original Message----From: Gabriel, Robert EOP/WHO Sent: Friday, May 12, 2017 9:42 AM To: Starling, Ray A. EOP/WHO (b) (6) ; Willems, Clete R. EOP/NSC ; Haarsager, Mathew P. EOP/NSC (b) (6) (b) (6) ; Lin, Merry S. EOP/NSC (b) (6) Subject: (b) (5) Deliberative Process Good morning team, Ashley and Richard pointed me in your direction for this - Can you please (b) (5) Deliberative Process Let me know, thank you -Robert This electronic message contains information generated by the USDA solely for the intended recipients. Any unauthorized interception of this message or the use or disclosure of the information it contains may violate the law and subject the violator to civil or criminal penalties. If you believe you have received this message in error, please notify the sender and delete the email immediately. VERSIGHT 011 USDA-19-1412-A-000011 2020-OSEC-00744-F From: Murtaugh, Tim - OC, Washington, DC Sent: Friday, May 12, 2017 12:01 PM To: (b)(6) Gabriel Robert Subject: Fwd: China beef x estimate (b) (5) Deliberative Process Begin forwarded message: From: "Johansson, Robert - OCE" Date: May 12, 2017 at 11:54:59 AM EDT To: "Murtaugh, Tim - OC, Washington, DC" Subject: FW: China beef x estimate (b) (5) Deliberative Process From: Sydow, Sharon - OCE Sent: Friday, May 12, 2017 11:14 AM To: Johansson, Robert - OCE; Shagam, Shayle - OCE Subject: FW: China beef x estimate https://www.meatinstitute.org/ht/display/ReleaseDetails/i/135404 I found this on NAMI’s website: The Chinese market is estimated to be worth $2.6 billion for the U.S. beef industry. From the PR: Deal Reached for Chinese Market Access for Beef By Mid-Summer Friday, May 12, 2017 Meat Institute Grateful for Administration’s Success In Reaching Deal With Chinese Washington, DC—The North American Meat Institute commended the administration today following the announcement of a deal with the Chinese government to resume imports of U.S. beef effective July 16, 2017. The deal is the final hurdle to reopening the Chinese market for U.S. beef after a 14-year VERSIGHT 012 USDA-19-1412-A-000012 2020-OSEC-00744-F absence and sets clear action steps to open the market. In response to a request by the Meat Institute and other industry partners , President Donald Trump raised restoration of U.S. beef access to China in his summit with Chinese President Xi Jinping last month and has made beef access a reality. “The meat industry has long sought access to the Chinese market for U.S. beef, making today's announcement a significant and very welcome milestone,” said Meat Institute Chairman and Bob Evans Farms President and CEO Mike Townsley. “High quality beef is in high demand in China, so the deal has great potential for both our businesses and the U.S. economy as a whole.” “The administration has shown great leadership in working with the Chinese government and industry to help finalize market access for U.S. beef,” Institute President and CEO Barry Carpenter said. “The beef deal is a significant, concrete accomplishment resulting from the 100-day plan established by President Trump and President Xi at their summit. We are thankful for the hard work on the issue by both leaders." - The Chinese market is estimated to be worth $2.6 billion for the U.S. beef industry. Asian countries already make up some of the largest markets for U.S. beef with Japan, Korea, Hong Kong and Taiwan making up four of the top six export markets, accounting for $3.6 billion in value in 2016. ### This electronic message contains information generated by the USDA solely for the intended recipients. Any unauthorized interception of this message or the use or disclosure of the information it contains may violate the law and subject the violator to civil or criminal penalties. If you believe you have received this message in error, please notify the sender and delete the email immediately. A\11 ~ 11(,J\ PVERSIGHT 013 USDA-19-1412-A-000013 2020-OSEC-00744-F From: Boswell, Kristi - OSEC, Washington, DC Sent: Wednesday, September 27, 2017 5:17 PM To: (b)(6) Marc Short CC: (b)(6) Stephen Miller ; Green, Heidi - OSEC, Washington, DC Subject: (b) (5) Deliberative Process Attachments: (b) (5) Deliberative Process .docx Mr. Short, As you may be aware, Secretary Perdue met with Mr. Miller this past Monday to discuss (b) (5) Deliberative Process (b) (5) Deliberative Process I appreciate your attention to this issue. Please let me know if there is any other information you need and we will be sure to continue an open line of communication. Best, Kristi J. Boswell Senior Advisor to the Secretary United States Department of Agriculture Office: 202.720.9990 Cell: (b) (6) 014 USDA-19-1412-A-000014 2020-OSEC-00744-F (b) (5) Deliberative Process A \11 ~ llC/\ '\J PVERSIGHT 015 USDA-19-1412-A-000015 2020-OSEC-00744-F From: Miller, Stephen EOP/WHO Sent: Wednesday, September 27, 2017 6:03 PM To: Boswell, Kristi - OSEC, Washington, DC CC: Short, Marc T. EOP/WHO; Green, Heidi - OSEC, Washington, DC Subject: Re: (b) (5) Deliberative Process Attachments: image001.png Thanks much Sent from my iPhone On Sep 27, 2017, at 5:17 PM, Boswell, Kristi - OSEC, Washington, DC wrote: Mr. Short, As you may be aware, Secretary Perdue met with Mr. Miller this past Monday to discuss (b) (5) Deliberative Process (b) (5) Deliberative Process I appreciate your attention to this issue. Please let me know if there is any other information you need and we will be sure to continue an open line of communication. Best, Kristi J. Boswell Senior Advisor to the Secretary United States Department of Agriculture Office: 202.720.9990 Cell: (b) (6) This electronic message contains information generated by the USDA solely for the intended recipients. Any unauthorized interception of this message or the use or disclosure of the information it contains may violate the law and subject the violator to civil or criminal penalties. If you believe you have received this message in error, please notify the sender and delete the email immediately. VERSIGHT 016 USDA-19-1412-A-000016 017 Secretaiy Perdue From: -- OSEC, Washington, DC Sent: Friday, April 20, 20 18 8:30 AM To: Miller, Stephen EOP/WHO Subject: RE: Time to chat briefly tonight? Attachments: .DOCX; .... .DOCX Attachments withheld as (b)(5)-Deliberative Process (13 pages) 2020-OSEC-00744-F Stephen, Thanks for call Wednes day night. I've taken the liberty of pro viding some additional informa tion that may be helpful. Be happy to discu ss in person. I've also included the Let me know if you'd like to discuss . We want to be helpful. Sonny -----Origina l Message ----From: Miller , Stephen EOP/WHO Sent: Wedne sday, Apri l 18, 2018 7:36 PM To : ■■- - OSEC , Washing ton, DC Subject: Re : Time to chat briefly tonight ? @osec.usda.go v> Secreta.iy Perdue At dinner now . Will call after. Thanks ! Sent from my iPhone Secreta.iy Perdue > On Apr 18, 2018, at 7 :35 PM, - OSEC , Washington, DC v.•rote: > > Sme . > > Sent from my iPhone > >> On Apr 18, 2018 , at 7 :08 PM, Mille r, Stephen EOP/WHO wrote : >> >> >> >> Sent from my iPhone > > > > > This electronic message contains informa tion generated by the USDA solely for the intended recipients. Any unauthorized interception of thi s message or the use or disclosme of the informa tion it contains may violate the law and subject the viola tor to civil or criminal pe nalties. If you believe you have recei ved this message in e1rnr, please notify the sende r and delete the email immediate ly . VERSIGHT 018 USDA-19-1412-A-000018 2020-OSEC-00744-F (b) (5) Deliberative Process A \11 ~ 11C/\'\J PVERSIGHT 019 USDA-19-1412-A-000019 2020-OSEC-00744-F (b) (5) Deliberative Process A \11 ~ 11C/\'\J PVERSIGHT 020 USDA-19-1412-A-000020 2020-OSEC-00744-F (b) (5) Deliberative Process A \11 ~ 11C/\'\J PVERSIGHT 021 USDA-19-1412-A-000021 2020-OSEC-00744-F (b) (5) Deliberative Process A \11 ~ 11C/\'\J PVERSIGHT 022 USDA-19-1412-A-000022 2020-OSEC-00744-F (b) (5) Deliberative Process A \11 ~ 11C/\'\J PVERSIGHT 023 USDA-19-1412-A-000023 2020-OSEC-00744-F (b) (5) Deliberative Process A \11 ~ 11C/\'\J PVERSIGHT 024 USDA-19-1412-A-000024 2020-OSEC-00744-F (b) (5) Deliberative Process A \11 ~ 11C/\'\J PVERSIGHT 025 USDA-19-1412-A-000025 2020-OSEC-00744-F (b) (5) Deliberative Process A \11 ~ 11C/\'\J PVERSIGHT 026 USDA-19-1412-A-000026 027 2020-OSEC-OO744-F 028 2020-OSEC-OO744-F 029 2020-OSEC-OO744-F 030 2020-OSEC-OO744-F 031 2020 -OSEC-007 44-F From: Miller, Stephen EO P/WHO Sent: Friday, April 20, 20 18 8:34 AM To: -- OSEC , Washington, DC Secretruy Perdue Subject: RE: Time to chat bri efly tonight? Thank you . Thi s is ve1y helpful . I greatly apprecia te your suppo1i and insight s. Thank s again -- and look fo1ward to being in touch . -----Origina l Me ssage ---- From: ••■ OSEC , Wa shing ton , DC Sent: Friday , Apri l 20 , 2018 8:30 AM To : Miller , Stephen EOP/WHO Subject: RE: Time to cha t briefly tonight ? - @osec.usda.go v> Secretaiy Perdue Stephen , Thank s for call Wednesda y night. I've taken the libe1ty of pro viding some additiona l informa tion that may be helpful. Be happy to discuss in pe rson. I've also included the Let me know if you'd like to discuss. We want to be helpful. Sonny -----Origina l Me ssage ---- From: Miller , Stephen EOP/WHO Sent: Wednesday , Apri l 18, 2018 7:36 PM To : ■■■ OSEC , Washing ton, DC Subject: Re : Time to chat briefly tonight ? - @osec.usda.go v> Secretaiy Perdue At dinner now. Will call a.Ber. Thanks ! Sent from my iPhone Secreta1y Perdue > On Ap r 18, 20 18, at 7 :35 PM , - OSEC , Wa shington, DC @osec.usda.go v> v.•rote: > > Sure. > > Sen t from my iPhone > >> On Apr 18, 2018 , at 7 :08 PM , Miller , Stephen EOP/WHO wrote: >> >> >> >> Sent from my iPhone > > > > > This elec tronic message contain s informa tion generated by the USDA sole ly for the intended recipient s. Any unauthorized interception of thi s message or the use or disclosure of the informa tion it con tain s may violate the law and subject the viola tor to civil or criminal penal ties. If you belie ve you have recei ved this message in e1rnr, plea se notify the sender and dele te the email immedi ately. VERSIGHT 032 USDA-19-1412-A-000032 2020-OSEC-00744-F From: Clovis, Sam - OSEC, Washington, DC Sent: Monday, April 23, 2018 11:48 AM To: (b) (6) - Stephen Miller Subject: Catching Up Stephen, Hope this finds you well and doing well. Just wanted to update you on a couple of things. (b) (6) . However, nothing moves fast so I am patiently waiting on some response and feedback on (b) (6) . (b) (6) (b) (6) Not sure how you can help, but if you can, (b) (6) Take care and thanks for the consideration. Hope to talk to you soon. Vr Sam Samuel H. Clovis, Jr., MBA, DPA Senior White House Advisor - Office of the Secretary United States Department of Agriculture Office: 202.720.3275 Cell: (b) (6) This electronic message contains information generated by the USDA solely for the intended recipients. Any unauthorized interception of this message or the use or disclosure of the information it contains may violate the law and subject the violator to civil or criminal penalties. If you believe you have received this message in error, please notify the sender and delete the email immediately. 033 USDA-19-1412-A-000033 2020-OSEC-00744-F From: Clovis, Sam - OSEC, Washington, DC Sent: Tuesday, May 1, 2018 3:30 PM BCC: (b) (6) - Jared Kushner ; (b) (6) - Stephen Miller ; (b) (6) - Matthew Flynn (b) (6) - William McGinley douglas_domenech@ios.doi.gov; (b) (6) - Sean Doocey Johnny(b) (6) ; (b) (6) - Sarah Makin Subject: Thanks ; (b) (6) - John Mashburn ; Don.Benton@sss.gov; ; (b) (6) - Jennifer Locetta ; ; Colleagues, Just wanted to drop you a note to let you know that my last day on the job will be this Friday, the 4th. (b) (6) I started campaigning in June of 2013 and, with but a brief break during the spring semester of 2015, I have been at it ever since. I have lived a rich and full life and have accomplished much. One of the greatest experiences of that full life was getting to work with you all during the Presidential campaign, the transition and then in the administration. You all are very special people who can be very proud of the fact that we ushered into history a profound and much needed change in the governance of this land. (b) (6) I wish you all (b) (6) the very best and want you to remember I am but a telephone call away. God Bless and God’s Speed. Samuel H. Clovis, Jr., MBA, DPA Senior White House Advisor - Office of the Secretary United States Department of Agriculture Office: 202.720.3275 Cell: (b) (6) This electronic message contains information generated by the USDA solely for the intended recipients. Any unauthorized interception of this message or the use or disclosure of the information it contains may violate the law and subject the violator to civil or criminal penalties. If you believe you have received this message in error, please notify the sender and delete the email immediately. 034 USDA-19-1412-A-000034 2020-OSEC-007 44-F From: Miller , Stephen EOP/WHO Sent: Thursday , July 19, 2018 3:06 PM To: -- OSEC, Washington , DC; Kudlow , Lany A. EOP/WHO Secretaiy Perdue Subject: RE : Thank you! From: - OSEC, Wash ington, DCSent: Thursday, July 19, 2018 3:05 PM To: M ill er, Stephen EOP/WHO @osec.usda.gov> Secretary Perdue ; Kudlow , Larry A . EOP/WHO Larry and Stephen, Sonny Food-Stamp Use Still Above Recession Era Despite U.S. Job Gains Alan Bjerga 7.19.18 Bloomberg Gov Judging by the number of Americans on food stamps, it doesn't fee l like one of the best job markets in almost a half century and the second-longest economic expansion on record. Enrollment in the Supplemental Nutrit ion Assistance Program, better known as food stamps , fe ll to 39.6 million in April , the most recent government data show . That ' s down from a record 47.8 million in 2012, but as a share of the popu lat ion it' s just back to where it was as the economy emerged from the longest and deepest downturn since the Great Depression. While robust growth is a bragging point for President Donald Trump and a campa ign theme for Republicans try ing to break a historica l pattern by keep ing contro l of the House and Senate in m idterm elections, the rising tide isn' t lift ing all boats. Elevated SNAP use displeases congress iona l Republicans, who want a shift toward more job tra ining in the fiveyear farm bill that ' s taking shape. Democrats say cont inued support is needed as an uneven rebound leaves behind mill ions. "The economic recovery took longer to reach peop le who work in low-wage jobs," said Dott ie Rosenbaum, a senior fe llow at the libera l-leaning Center on Budget and Policy Prior ities in Wash ington and a former Congressiona l Budget Office analyst. SNAP enro llments have remained elevated for years because of higher partic ipation rates in the program, and because the jobless are on ly one segment of the needy. SNAP is available for househo lds w ith incomes up to $2,665 per month for a fami ly of four, or 130 percent of the federa l poverty leve l. Recipients are also subject to asset and emp loyment tests, and states can modify the program with federa l permiss ion . Househo lds receiving SNAP had an average monthly gross income of $814 in 2016, and 20 percent had no income. Food-stamp use genera lly responds to economic cond it ions, but it's not quite a direct link, accord ing to Parke Wi lde, a professor at Tufts University's nutrit ion schoo l in Boston. "We ' re many years into an econom ic expansion after the Great VERSIGHT 035 USDA-19-1412-A-000035 2020-OSEC-00744-F Recession and just now we’re starting to enjoy dips in SNAP participation,” Wilde said, as lower unemployment begins to chip away at economic insecurity. Another reason SNAP use is falling is because eligibility is tightening for able-bodied adults ages 18 to 49 who don’t have dependents and have been jobless for more than three months. Many states that asked for expanded access to food stamps because of high unemployment are no longer asking for waivers for able-bodied adults without dependents who aren’t working. Declines aside, other factors are likely to support continued use of food stamps. Applying for benefits has gotten easier, in part because online access has increased. That’s helped lift enrollment to 83 percent of those eligible for food stamps in 2015, the latest year for which data is available, up from 69 percent in 2006, according to the USDA. Wilde of Tufts said SNAP use will decline modestly, remaining elevated by historical standards until the next contraction inevitably rolls around -- potentially sending enrollments to new heights. “We’re still at fairly high participation rates,” he said. This electronic message contains information generated by the USDA solely for the intended recipients. Any unauthorized interception of this message or the use or disclosure of the information it contains may violate the law and subject the violator to civil or criminal penalties. If you believe you have received this message in error, please notify the sender and delete the email immediately. AMERICAN PVERSIGHT 036 USDA-19-1412-A-000036 Secretaiy Perdue From: -- OSEC , Wash ington, DC Sent: Thursday, July 26, 2018 12:34 PM To: Miller , Stephen EOP/WHO Subject: RE : Tried to call POTU S on AFl 2020-OSEC-007 44-F - From: Miller, Stephen EOP/W HO Sent: Thursday, July 26, 2018 11:34 AM To:- OSEC,Washington, DC@osec.usda .gov>Secretary Perdue Subject: Re: Tried to call POTUSon AFl What's the best number to reach you on? Sent from my iPhone On Jul 26, 2018 , at 10:31 AM,- Secretary Perdue - OSEC,Wash ington, DC@osec .usda.gov > wrote : Stephen , I got word from VPOTUSto ca ll The Pres ident to discuss Thanks, Sonny This e lectronic message conta ins informat ion generated by the USDAso le ly for the intended rec ipients. Any unauthor ized intercept ion of th is message or the use or disclosu re of the informat ion it conta ins may violate the law and subject the vio lator to civil or crimina l pena lt ies. If you be lieve you have rece ived th is message in error, please notify the sender and delete the ema il immed iately. VERSIGHT 037 USDA-19-1412-A-000037 2020-OSEC-00744-F From: Starling, Raymond - OSEC, Washington, DC Sent: Saturday, October 27, 2018 9:03 AM To: Gabriel, Robert EOP/WHO Subject: RE: (b) (5) Deliberative Process (b) (5) Deliberative Process From: Gabriel, Robert EOP/WHO (b) (6) Sent: Saturday, October 27, 2018 8:59 AM To: Starling, Raymond - OSEC, Washington, DC Cc: Gross, Mackenzie A. EOP/WHO ; Haley, Vincent M. EOP/WHO (b) (6) ; Olmem, Andrew J. EOP/WHO ; Staff Secretary (b) (6) (b) (6) ; Worthington, Ross P. EOP/WHO ; Miller, Stephen (b) (6) (b) (6) EOP/WHO ; Royer, Theodore M. EOP/WHO (b) (6) (b) (6) Subject: Re: (b) (5) Deliberative Process Thanks. (b) (5) Deliberative Process On Oct 27, 2018, at 8:30 AM, Starling, Raymond - OSEC, Washington, DC wrote: (b) (5) Deliberative Process From: Gross, Mackenzie A. EOP/WHO (b) (6) Sent: Saturday, October 27, 2018 12:56 AM To: Haley, Vincent M. EOP/WHO (b) (6) Cc: Olmem, Andrew J. EOP/WHO ; Staff Secretary (b) (6) ; Gabriel, Robert EOP/WHO ; (b) (6) (b) (6) Worthington, Ross P. EOP/WHO ; Starling, Raymond - OSEC, (b) (6) Washington, DC Subject: Re: (b) (5) Deliberative Process (b) (5) Deliberative Process Sent from my iPhone On Oct 27, 2018, at 12:08 AM, Haley, Vincent M. EOP/WHO (b) (6) wrote: McKenzie (and Ray): VERSIGHT 038 USDA-19-1412-A-000038 2020-OSEC-00744-F (b) (5) Deliberative Process Vince This electronic message contains information generated by the USDA solely for the intended recipients. Any unauthorized interception of this message or the use or disclosure of the information it contains may violate the law and subject the violator to civil or criminal penalties. If you believe you have received this message in error, please notify the sender and delete the email immediately. VERSIGHT 039 USDA-19-1412-A-000039 Secretary Perdue 2020-OSEC-00744-F From: --OSEC, Was hington , DC Sent: Friday , August 16, 20 19 1:04 PM To: Kushner, Jared C. EOP /WHO CC: Miller, Stephen EOP /WHO ; Rader, John N. EOP/NSC ; Wold, Theo J. EOP/WHO ; Dumbauld, Cassidy M . EOP/WHO BCC: Boswe ll, Kristi - OSEC, Was hington, DC ; Sullivan , Lauren - OSEC , Washington, DC Subject: RE: I th ink so to. I will have our scheduler wor k with yo ur fo lks to determ ine a conven ient t ime . sp From: Kushner, Jared C. EOP/W HO Sent: Friday, August 16, 2019 12:29 PM To:-OSEC,Was hington , DC-@usda.gov> Cc: Miller, Stephen EOP/W HO Wold, Theo J. EOP/W HO - I th ink Secretary Perdue ; Rader, John N. EOP/ NSC ; Dumbau ld, Cassidy M. EOP/W HO that wo uld be a very good meet ing and worthwhil e to talk through how we can Sent from my iPhone On Aug 16, 2019, at 6:51 AM,-- OSEC,Was hington, DC- @usda.gov > wrote: Secretary Perdue Jared, Thanks, Sonny From: Kushner, Jared C. EOP/W HO Sent: Monday, August 12, 2019 3 :43 PM To:-OSEC,Was hington , DC@usda .gov> Secretary Perdue Subject: Re: Happy to chat live Sent from my iPhone On Aug 9, 2019, at 8:57 PM, -- OSEC,Wash ington , DC- @usda.gov > wrote : Secretary Perdue 040 USDA-19-1412-A-000040 2020-OSEC-007 44-F -SP From: Kush ne r, Jar ed C. EOP/W HO Sent : Friday, August 9, 2019 8:14:13 PM To:- OSEC, Was hingto n, DC@usda .gov> Secretary Perdue Subject : RE: From:- OSEC, Was hingt on, DCSent : Friday, August 9, 2019 3:23 PM To: Kush ner, Jared C. EOP/W HO Subject : RE: @usda.gov > Secretary Perdue Jar ed, Resp ectfu lly, Sonny This electronic message contains info1mat ion generated by the USDA solely for the intended recipients. Any unauthorized interception of this message or the use or disclosm e of the infon nation it contains may violate the law an d subject the violator to civil or criminal penalties. If you believe you have received this message in error, please notify the sender and delete the email immediately. VERSIGHT 041 USDA-19-1412-A-000041