U.S. Department of Justice Federal Bureau of Investigation Washington, D.C. 20535 June 18, 2020 VIA FEDERAL EXPRESS MR. SCOTT ANDERSON MR. BENJAMIN WITTES C/O ROBERT S. LITT, ESQUIRE MORRISON & FOERSTER, LLP 2000 PENNSYLVANIA AVENUE, NW SUITE 6000 WASHINGTON, DC 20006-1888 FOIPA Request No.: 1445338-0 Subject: Presentation Materials Referencing Strzok/Page, et al. FOIPA Request No.: 1445323-0 Subject: FBI Employees Reprimanded for Negative/Positive Statements about Elected Candidates (November 20, 2011- August 26, 2019) Benjamin Wittes, et al. v. Federal Bureau of Investigation, et al. Civil Action No.: 19-cv-3733 Dear Mr. Anderson and Mr. Wittes: The enclosed documents were reviewed under the Freedom of Information/Privacy Acts (FOIPA), Title 5, United States Code, Section 552/552a. Below you will find checked boxes under applicable statutes for the exemptions asserted to protect information exempt from disclosure. The appropriate exemptions are noted on the processed pages next to redacted information. In addition, a deleted page information sheet was inserted to indicate where pages were withheld entirely pursuant to applicable exemptions. An Explanation of Exemptions is enclosed to further explain justification for withheld information. Section 552 Section 552a (d)(5) (b)(1) (b)(7)(A) (b)(2) (b)(7)(B) (j)(2) (b)(3) (b)(7)(C) (k)(1) (b)(7)(D) (k)(2) (b)(7)(E) (k)(3) (b)(7)(F) (k)(4) (b)(4) (b)(8) (k)(5) (b)(5) (b)(9) (k)(6) (b)(6) 19 pages were reviewed and 19 pages are being released. (k)(7) Please see the paragraphs below for relevant information specific to your request and the enclosed FBI FOIPA Addendum for standard responses applicable to all requests. Document(s) were located which originated with, or contained information concerning, other Government Agency (ies) [OGA]. This information has been referred to the OGA(s) for review and direct response to you. We are consulting with another agency. The FBI will correspond with you regarding this information when the consultation is completed. Please refer to the enclosed FBI FOIPA Addendum for additional standard responses applicable to your request. “Part 1” of the Addendum includes standard responses that apply to all requests. “Part 2” includes additional standard responses that apply to all requests for records about yourself or any third party individuals. “Part 3” includes general information about FBI records that you may find useful. Also enclosed is our Explanation of Exemptions. Although your request is in litigation, we are required by law to provide you the following information: If you are not satisfied with the Federal Bureau of Investigation’s determination in response to this request, you may administratively appeal by writing to the Director, Office of Information Policy (OIP), United States Department of Justice, 441 G Street, NW, 6th Floor, Washington, D.C. 20530, or you may submit an appeal through OIP's FOIA STAR portal by creating an account following the instructions on OIP’s website: https://www.justice.gov/oip/submit-and-track-request-or-appeal. Your appeal must be postmarked or electronically transmitted within ninety (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." Please cite the FOIPA Request Number assigned to your request so it may be easily identified. You may seek dispute resolution services by contacting the Office of Government Information Services (OGIS). The contact information for OGIS is as follows: Office of Government Information Services, National Archives and Records Administration, 8601 Adelphi Road-OGIS, College Park, Maryland 20740-6001, e-mail at ogis@nara.gov; telephone at 202-741-5770; toll free at 1-877-684-6448; or facsimile at 202-741-5769. Alternatively, you may contact the FBI’s FOIA Public Liaison by emailing foipaquestions@fbi.gov. If you submit your dispute resolution correspondence by email, the subject heading should clearly state “Dispute Resolution Services.” Please also cite the FOIPA Request Number assigned to your request so it may be easily identified. Please direct any further inquiries about this case to the Attorney representing the Government in this matter. Please use the FOIPA Request Number and/or Civil Action Number in all correspondence or inquiries concerning your request. See additional information which follows. Sincerely, Michael G. Seidel Acting Section Chief Record/Information Dissemination Section Information Management Division Enclosures In response to your narrowed Freedom of Information/Privacy Acts (FOIPA) request, enclosed is the FBI’s final release of responsive records. This release includes documents Bates stamped FBI 19-cv-3733-1 through 19-CV-3733-19. We completed our review of the recorded portions of the presentation given to members of the Senior Executive Service (“SES”) in August 2018 and it does not contain any reference to Peter Strzok or Lisa Page. This material is being provided to you at no charge. FBI FOIPA Addendum As referenced in our letter responding to your Freedom of Information/Privacy Acts (FOIPA) request, the FBI FOIPA Addendum provides information applicable to your request. Part 1 of the Addendum includes standard responses that apply to all requests. Part 2 includes standard responses that apply to requests for records about individuals to the extent your request seeks the listed information. Part 3 includes general information about FBI records, searches, and programs. Part 1: The standard responses below apply to all requests: (i) 5 U.S.C. § 552(c). Congress excluded three categories of law enforcement and national security records from the requirements of the FOIPA [5 U.S.C. § 552(c)]. FBI responses are limited to those records subject to the requirements of the FOIPA. Additional information about the FBI and the FOIPA can be found on the www.fbi.gov/foia website. (ii) Intelligence Records. To the extent your request seeks records of intelligence sources, methods, or activities, the FBI can neither confirm nor deny the existence of records pursuant to FOIA exemptions (b)(1), (b)(3), and as applicable to requests for records about individuals, PA exemption (j)(2) [5 U.S.C. §§ 552/552a (b)(1), (b)(3), and (j)(2)]. The mere acknowledgment of the existence or nonexistence of such records is itself a classified fact protected by FOIA exemption (b)(1) and/or would reveal intelligence sources, methods, or activities protected by exemption (b)(3) [50 USC § 3024(i)(1)]. This is a standard response and should not be read to indicate that any such records do or do not exist. Part 2: The standard responses below apply to all requests for records on individuals: (i) Requests for Records about any Individual—Watch Lists. The FBI can neither confirm nor deny the existence of any individual’s name on a watch list pursuant to FOIA exemption (b)(7)(E) and PA exemption (j)(2) [5 U.S.C. §§ 552/552a (b)(7)(E), (j)(2)]. This is a standard response and should not be read to indicate that watch list records do or do not exist. (ii) Requests for Records about any Individual—Witness Security Program Records. The FBI can neither confirm nor deny the existence of records which could identify any participant in the Witness Security Program pursuant to FOIA exemption (b)(3) and PA exemption (j)(2) [5 U.S.C. §§ 552/552a (b)(3), 18 U.S.C. 3521, and (j)(2)]. This is a standard response and should not be read to indicate that such records do or do not exist. (iii) Requests for Records for Incarcerated Individuals. The FBI can neither confirm nor deny the existence of records which could reasonably be expected to endanger the life or physical safety of any incarcerated individual pursuant to FOIA exemptions (b)(7)(E), (b)(7)(F), and PA exemption (j)(2) [5 U.S.C. §§ 552/552a (b)(7)(E), (b)(7)(F), and (j)(2)]. This is a standard response and should not be read to indicate that such records do or do not exist. Part 3: General Information: (i) Record Searches. The Record/Information Dissemination Section (RIDS) searches for reasonably described records by searching systems or locations where responsive records would reasonably be found. A standard search normally consists of a search for main files in the Central Records System (CRS), an extensive system of records consisting of applicant, investigative, intelligence, personnel, administrative, and general files compiled by the FBI per its law enforcement, intelligence, and administrative functions. The CRS spans the entire FBI organization, comprising records of FBI Headquarters, FBI Field Offices, and FBI Legal Attaché Offices (Legats) worldwide; Electronic Surveillance (ELSUR) records are included in the CRS. Unless specifically requested, a standard search does not include references, administrative records of previous FOIPA requests, or civil litigation files. For additional information about our record searches, visit www.fbi.gov/services/information-management/foipa/requesting-fbi-records. (ii) FBI Records. Founded in 1908, the FBI carries out a dual law enforcement and national security mission. As part of this dual mission, the FBI creates and maintains records on various subjects; however, the FBI does not maintain records on every person, subject, or entity. (iii) Requests for Criminal History Records or Rap Sheets. The Criminal Justice Information Services (CJIS) Division provides Identity History Summary Checks – often referred to as a criminal history record or rap sheet. These criminal history records are not the same as material in an investigative “FBI file.” An Identity History Summary Check is a listing of information taken from fingerprint cards and documents submitted to the FBI in connection with arrests, federal employment, naturalization, or military service. For a fee, individuals can request a copy of their Identity History Summary Check. Forms and directions can be accessed at www.fbi.gov/about-us/cjis/identity-history-summary-checks. Additionally, requests can be submitted electronically at www.edo.cjis.gov. For additional information, please contact CJIS directly at (304) 625-5590. (iv) National Name Check Program (NNCP). The mission of NNCP is to analyze and report information in response to name check requests received from federal agencies, for the purpose of protecting the United States from foreign and domestic threats to national security. Please be advised that this is a service provided to other federal agencies. Private Citizens cannot request a name check. EXPLANATION OF EXEMPTIONS SUBSECTIONS OF TITLE 5, UNITED STATES CODE, SECTION 552 (b)(1) (A) specifically authorized under criteria established by an Executive order to be kept secret in the interest of national defense or foreign policy and (B) are in fact properly classified to such Executive order; (b)(2) related solely to the internal personnel rules and practices of an agency; (b)(3) specifically exempted from disclosure by statute (other than section 552b of this title), provided that such statute (A) requires that the matters be withheld from the public in such a manner as to leave no discretion on issue, or (B) establishes particular criteria for withholding or refers to particular types of matters to be withheld; (b)(4) trade secrets and commercial or financial information obtained from a person and privileged or confidential; (b)(5) 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; (b)(6) personnel and medical files and similar files the disclosure of which would constitute a clearly unwarranted invasion of personal privacy; (b)(7) records or information compiled for law enforcement purposes, but only to the extent that the production of such law enforcement records or information ( A ) could reasonably be expected to interfere with enforcement proceedings, ( B ) would deprive a person of a right to a fair trial or an impartial adjudication, ( C ) could reasonably be expected to constitute an unwarranted invasion of personal privacy, ( D ) could reasonably be expected to disclose the identity of confidential source, including a State, local, or foreign agency or authority or any private institution which furnished information on a confidential basis, and, in the case of record or information compiled by a criminal law enforcement authority in the course of a criminal investigation, or by an agency conducting a lawful national security intelligence investigation, information furnished by a confidential source, ( E ) would disclose techniques and procedures for law enforcement investigations or prosecutions, or would disclose guidelines for law enforcement investigations or prosecutions if such disclosure could reasonably be expected to risk circumvention of the law, or ( F ) could reasonably be expected to endanger the life or physical safety of any individual; (b)(8) contained in or related to examination, operating, or condition reports prepared by, on behalf of, or for the use of an agency responsible for the regulation or supervision of financial institutions; or (b)(9) geological and geophysical information and data, including maps, concerning wells. SUBSECTIONS OF TITLE 5, UNITED STATES CODE, SECTION 552a (d)(5) information compiled in reasonable anticipation of a civil action proceeding; (j)(2) material reporting investigative efforts pertaining to the enforcement of criminal law including efforts to prevent, control, or reduce crime or apprehend criminals; (k)(1) information which is currently and properly classified pursuant to an Executive order in the interest of the national defense or foreign policy, for example, information involving intelligence sources or methods; (k)(2) investigatory material compiled for law enforcement purposes, other than criminal, which did not result in loss of a right, benefit or privilege under Federal programs, or which would identify a source who furnished information pursuant to a promise that his/her identity would be held in confidence; (k)(3) material maintained in connection with providing protective services to the President of the United States or any other individual pursuant to the authority of Title 18, United States Code, Section 3056; (k)(4) required by statute to be maintained and used solely as statistical records; (k)(5) investigatory material compiled solely for the purpose of determining suitability, eligibility, or qualifications for Federal civilian employment or for access to classified information, the disclosure of which would reveal the identity of the person who furnished information pursuant to a promise that his/her identity would be held in confidence; (k)(6) testing or examination material used to determine individual qualifications for appointment or promotion in Federal Government service the release of which would compromise the testing or examination process; (k)(7) material used to determine potential for promotion in the armed services, the disclosure of which would reveal the identity of the person who furnished the material pursuant to a promise that his/her identity would be held in confidence. FBI/DOJ PRECEDENT REPORT LIMITED T0: To maintain the anonymity of the person(s) involved, the term "he" is being used to refer to both genders. Closed: References: 5.22 136 ?1 ?1 MITIGATION AGGRAVATION: be -1 ?1 FINAL OPR FINAL DECISION: 10 CALENDAR DAYS SUSPENSION WITHOUT PAY APPELLATE UNIT: AFFIRMED b6 _1 2 I Closed: "#1812018 References: 5.22 WC ?1 MITIGATION I 136 ?1 b7c ?1 AGGRAVATION: FINAL ACTIONIS): OPR FINAL DECISION: CALENDAR DAYS SUSPENSION WITHOUT PAY APPELLATE UNIT: AFFIRMED #3012920 5.92:2: PM Page 1 of 3 PRECEDENT REPORT T0: To maintain the anonymity of the person(s) involved, the term "he" is being used to refer to both genders. 1 3 Closed: I 81901 8 References: 5.22 MITIGATION: b6 ?1 h?C ?1 AGGRAVATION: FINAL OPR FINAL DECISION: 14 CALENDAR DAYS SUSPENSION WITHOUT PAY APPELLATE UNIT: AFFIRMED 5:22:22 PM Page 2 of 3 PRECEDENT REPORT 5LIMITED TO: To maintain the anonymity of the person(s) involved, the term "he" is being used to refer to both genders. be 4 I Closed: References: 5.13, 5.2, 5.21 137?: ?1 Senior Executive Service (SES) Employee: (1) made inappropriate political comments in text messages on his FBI- issued cell phone, in violation of FBI Offense Code 5.21 (U nprofessional Conduct - Off Duty); (2) utilized a personal email account to conduct of?cial FBI business, in violation of FBI Offense Code 5.18 (Security Violation - Other); and (3) failed to provide proper oversight to subordinates regarding a signi?cant investigative lead, in violation of FBI Offense Code 5.2 (Dereliction of Supervisory Responsibility). SES Employee executed a Last Chance Agreement in which he recognizes the seriousness of his misconduct and undertakes a ?rm commitment to refrain from future misconduct of any kind. Pursuant to Policy Directive 0915D, Disciplinary Appeals Process, "the FBI Director (or his or her designee) maintains the authority to modify any disciplinary ?nding, penalty, or both as deemed necessary and in the best interests of the Deputy Director David L. Bowdich, acting on behalf of Director Wray, af?rmed OPR's ?ndings of misconduct, but instituted a penalty of dismissal. MITIGATION: SE8 Employee has 21 years of FBI service, an outstanding performance record, and has received numerous awards during his tenure. Employee was assigned to two very stressful and high-pro?le investigations during the time of his misconduct. AGGRAVATION: SES Employee's inappropriate text messages were extensively covered by the media and brought extreme criticism on the FBI and His conduct caused immeasurable harm to the Bureau?s reputation with DOJ, other government of?cials, and the American public, resulted in skepticism about major investigative conclusions in an extremely high-pro?le case, and required him to be removed from a Special Counsel investigation. In addition, employee's use of his personal devices and email account to conduct FBI business created a signi?cant security risk and a strong likelihood that the public image of the FBI would be signi?cantly tarnished and the investigative conclusions of the high?pro?le case would be called into question. Employee's lack of proper oversight and diligent follow through as a supervisor in a high-pro?le case created an enormous embarrassment to the Bureau and has been cited by some as having altered the results Of a presidential election. INAL OPR PROPOSED DECISION Proposed DISMISSAL OPR FINAL DECISION: REQUIRED TO SIGN A TO AGREEIVIENT OPR FINAL DECISION: DEMOTION OPR FINAL DECISION: so CALENDAR DAYS SUSPENSION WITHOUT PAY Egg-1 1 DIRECTOR: DISMISSAL 5 Closed: 8/2320] 8 References: 5.22 MITIGATION b6 _1 I I b7c -1 AGGRAVATION: FINAL ACTIONIS): OPR FINAL. DECISION: 14 CALENDAR DAYS SUSPENSION WITHOUT PAY 17/30/2020 5 :22:22 PM Page 3 of 3 111 ?The: internal investigatian Seatien 6:8) 3* Reporting 3 Review 2:22 a Submitting a referralfcemplaint a Five things that get yam ?red 3* Engaged leadership mm aims. 112 The ?8 ?5 primariiy respensible for: Receiving and reviewing aiiegatior?ts of erupt-awe miscmduct at 1.045 mumminis sham a Providing guidance and direstion *2 investigating empioyee *5 314 cases initiated since 193011.291? 113 Haw miscunduct is reported: *1 Must be in writing and submittad to anyme in Inspection Divission 3* Campiaints submitted it) gather entities; {math as; the 9r EGGIOIG): 3* Forwarded tn the initial Prmegsing Unit Emaii, EC (nut upmade? in Sentinel), gager under ?re ?ver, em. mm ss?im?puz: $141 114 Duty to repert miscunduct: a Faifure to repert i3 333:: congidered mimendust. *8 Repurting musd be ?meiy? $33.3me 115 in Reviews complaints in their entirety in is an official administrative or crimiaai inquiry warranted? *3 Compiaiat is processed and a research packet is prepared as Pertinent information is obtained from various daiabasas. EliTapestries review of complaint packet a Four leveis {Agent and Professional! Staff} is First by the Lead MAPA, than the Lead 383% than tha Unit Ghiaf, and ?naiiy the Section Chief tare; assess. {25315: its Reviews all complaints in their entirety to determine if an official administrative or criminal inquiry is warranted. The complaint is processed and a research packet is prepared to include pertinent information obtained from various FBI databases. The complaint packet then goes through a thorough review four levels (Agent and Professional Staff) First by the Lead MAPA, then the Lead SSA, the Unit Chief, and finally the Section Chief. 11s has the ?rst right of refuse! to take action on any compiaint submitted to the FBL 3* Reviewer makes determination based on compteint gasket is initiate investigation or more information needed 3* if the decision is made to take no actioo: has ?1 menswear-Epic: it? has the first right of refusal to take action on anyr complaint submitted to the FBI. At each level of review, the reviewer makes a determination based on the documentation provided within the complaint packet 0n whether or not an investigation should be initiated or If additional information is needed to make the final determination. If the decision is made to take no action on the complaint or no action after receiving the results of a request for additional information: ME 1 117 3* if the decision is to initiate an inquiry: is The complaint is transferred to the tote-ma! tovestigatioos Unit to investigate the matter. emptoyees are required to cooperate. a Open investigations verses sot opening 9* Decisions are based or: the four corners otthe document. reams-soothing ?g If the decision is to initiate an inquiry, the complaint is transferred to the Internal Investigations Unit to investigate the matter. Open investigations verses not opening. Decisions are based on the four corners of the document {not on verbal conversations) ?1 b7E ?1 118 1* Tet: a clear, cancise story 01? the facts. 3* Provide dacumentatim and analysis where avaikabla. a Wehmw badge imam; ieave requests: sign werk 53%de per Source 2* Bacumented caunseiing sessians 119 Faifura in participate in an administrative inquiry (2.10) 2.. If you cammit a {elegy (4.0mliiegaUCriminai Conduct}; 2nd DU: is 45?daya; 2th is dismissal) 3. DrugsmUse or Paasessian Fraudffhefwilega? interferense with Property Rights {33. Lack 0f Oath (2.5) mm M?i?aw 32$ 120 a Dan?t be afraid tn address performancemHave the difficui? conversatians. *8 Give the empieyee ihe opportunity to change. a Conduct gums-?ing to expiain emc?g what that issues are and what you wouiszf iike is me, 1? Time and A?andanaa FAQ 1.03? 1? Nat assig??d {askafdutias mu PIP Suitan??ty? ismes .. 4* $eeur?ty macaw-3 NU 3* Give the employee the needed assistance in make: a change, 3* Pf'?pef trainingigu?danae it mm ssm'imM EH 121 1* Document ail counseiing sessians. *1 Emaii summarizing semen. 4* Date anti iime atamped; emaiiad to in Have an agenda for the Sessian and than have the empioyee initiab?sign 331:1 date the document. Be censistant with guidance and fniiow through. mm amin?ym: 122 a Raview the meme Cades to understand the difference betwaan miscenduct and ?performanca. it Be engage? and your employees. if you think there is a problem! legit: into it and ask for guidance. 3 m? suhstance abuse HSPU *5 Medical; m?ntai EESUES a 39 careful 0f the perceptinn 0f retaliatianl 5* Be consistent and operate as yaw normally wauld with any ether amplayea (impartial and unbiased}. mm ss?im?pag: 123 3* Sent atectmnic cammunicatiens in advansa 0f the 2016 U3 Frasidemiai eiectien, inctuding a?ega?ona that underlying investigative decisiwns were based on improper cansideratims. Wioiatien 0f Offense Codes (investigative Deficiency Misconduct Related Judicial Preceedings); 5.18 (Security Viaiatian - Other) and 5.21 (Unpmfessional Conduct Off Duty}. mm Mimi: 33:1 124 b6 -l ?1 :N??i??zit?if. 12M 32% 125 126