Case 1:17-cv-00814-APM Document 1 Filed 05/02/17 Page 1 of 5

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

)

THE PROTECT DEMOCRACY PROJECT, )

INC., 2020 Pennsylvania Avenue, NW, #163, )

Washington, DC 20006

)

)

Plaintiff,

)

) Civil Action No.

v.

)

)

THE OFFICE OF MANAGEMENT AND )

BUDGET, 725 17th Street NW, Washington, )

DC 20503

)

)

Defendant.

)

)

COMPLAINT

Plaintiff The Protect Democracy Project, Inc. brings this action against Defendant Office

of Management and Budget to compel compliance with the Freedom of Information Act (FOIA),

5 U.S.C. § 552. Plaintiff alleges as follows:

JURISDICTION AND VENUE

1. The Court has jurisdiction over this action pursuant to 5 U.S.C. § 552(a)(4)(B)

and 28 U.S.C. § 1331.

2. Venue is proper in this district pursuant to 5 U.S.C. § 552(a)(4)(B).

PARTIES

3. Plaintiff The Protect Democracy Project, Inc. is an organization awaiting

501(c)(3) status, incorporated under the laws of the District of Columbia, and headquartered at

2020 Pennsylvania Avenue, NW, #163, Washington, DC 20006. Plaintiff’s mission is to protect

our democracy from descending into a more autocratic form of government by preventing those

in power from depriving Americans of a free, fair, and fully-informed opportunity to exercise

Case 1:17-cv-00814-APM Document 1 Filed 05/02/17 Page 2 of 5
ultimate sovereignty. As part of this mission, Plaintiff seeks to inform public understanding of operations and activities of the government by gathering and disseminating information that is likely to contribute significantly to the public understanding of executive branch operations and activities. Plaintiff regularly requests such information pursuant to FOIA. Plaintiff intends to give the public access to documents transmitted via FOIA on its website, www.protectdemocracy.org, and to provide information about and analysis of those documents as appropriate.
4. Defendant Office of Management and Budget is a component of the Executive Office of the President of the United States. Defendant is headquartered at 725 17th Street NW, Washington, DC 20503. Defendant has possession, custody, and control of the documents that Plaintiff seeks in response to its FOIA request.
STATEMENT OF FACTS 5. On February 15, 2017, Plaintiff sent a FOIA request to Defendant seeking the following records: Pursuant to the Freedom of Information Act (FOIA), 5 U.S.C. 552, The Protect Democracy Project hereby requests that your office produce within 20 business days the following records (see below for clarity on the types of records sought): 1) Any and all records created between January 20, 2017 and the present date indicating that Executive Order 13769, “Protecting the Nation From Foreign Terrorist Entry Into the United States” was reviewed by any federal agency personnel prior to the Order’s issuance on January 27, 2017, including but not limited to any record indicating that EO 13769 was reviewed for lawfulness, or deemed lawful or unlawful, by the Department of Justice. 2) Any and all records created between January 20, 2017 and the present date transmitting Executive Order 13769, “Protecting the Nation From Foreign Terrorist Entry Into the United States” to any federal agency for review, comment, or awareness, including but not limited to the Department of Homeland Security or the Department of Justice.
2

Case 1:17-cv-00814-APM Document 1 Filed 05/02/17 Page 3 of 5
3) Any and all records created between January 20, 2017 and the present date related to the decision to seek or not seek input from federal agency personnel on the creation or implementation of Executive Order 13769, “Protecting the Nation From Foreign Terrorist Entry Into the United States,” including but not limited to the Department of Homeland Security or the Department of Justice.
4) Any and all records created between January 20, 2017 and the present date related to the process for obtaining agency input regarding Executive Order 13769, “Protecting the Nation From Foreign Terrorist Entry Into the United States.”
See Exhibit A (FOIA request). 6. Plaintiff also requested a fee waiver pursuant to 5 U.S.C. § 552(a)(4)(A)(iii) or 5
U.S.C. § 552(a)(4)(A)(ii)(II). See Exhibit A. 7. Plaintiff submitted its request electronically on February 15, 2017. The next day,
Plaintiff received an email from Defendant acknowledging receipt of the request, assigning it a case reference number, and indicating that it was being processed. See Exhibit B.
8. On April 14 and April 18, 2017, Allison F. Murphy, one of the undersigned counsel for Plaintiff, left voicemails for the FOIA Officer of Defendant, which were not returned, seeking to learn the status of Defendant’s response.
9. Pursuant to FOIA, within 20 business days of receipt of Plaintiff’s request – that is, by March 16, 2017 – Defendant was required to “determine . . . whether to comply with such request” and to “immediately notify” Plaintiff of “such determination and the reasons therefor,” Plaintiff’s right “to seek assistance from the FOIA Public Liaison of the agency,” and, in the case of an adverse determination, Plaintiff’s appeal rights. 5 U.S.C. § 552(a)(6)(A)(i).
10. To date, Defendant has failed to make the required determination and notifications. Nor has Defendant made a determination regarding Plaintiff’s request for a fee waiver.
3

Case 1:17-cv-00814-APM Document 1 Filed 05/02/17 Page 4 of 5
COUNT I (Violation of FOIA, 5 U.S.C. § 552) 12. Plaintiff re-alleges and incorporates by reference all preceding paragraphs. 13. Defendant is in violation of FOIA by failing to respond to Plaintiff’s request within the statutorily prescribed time limit and by unlawfully withholding records responsive to Plaintiff’s request.
PRAYER FOR RELIEF WHEREFORE, Plaintiff respectfully requests that the Court: (1) Order Defendant, by a date certain, to conduct a search that is reasonably likely to lead to the discovery of any and all records responsive to Plaintiff’s request; (2) Order Defendant, by a date certain, to demonstrate that it has conducted an adequate search; (3) Order Defendant, by a date certain, to produce to Plaintiff any and all non-exempt records or portions of records responsive to Plaintiff’s request, as well as a Vaughn index of any records or portions of records withheld due to a claim of exemption; (4) Enjoin Defendant from improperly withholding records responsive to Plaintiff’s request; (5) Order Defendant to grant Plaintiff’s request for a fee waiver; (6) Grant Plaintiff an award of attorney fees and other reasonable litigation costs pursuant to 5 U.S.C. § 552(a)(4)(E); (7) Grant Plaintiff such other relief as the Court deems appropriate.
4

Case 1:17-cv-00814-APM Document 1 Filed 05/02/17 Page 5 of 5

Date: May 2, 2017

/s/ Allison F. Murphy Allison F. Murphy (DC Bar No. 975494) Counsel, The Protect Democracy Project 2020 Pennsylvania Ave., NW #163 Washington, DC 20006 Allison.Murphy@protectdemocracy.org Phone: 202-599-0466 Fax: 929-777-8428
Counsel for Plaintiff

5

 
 Case 1:17-cv-00814-APM Document 1-1 Filed 05/02/17 Page 1 of 4
February 15, 2017
Dionne Hardy FOIA Officer Room 9026 725 17th Street, NW Washington, DC 20503 (202) 395-3642 (P) (202) 395-3504 (F) OMBFOIA@omb.eop.gov
Re: Freedom of Information Act Request
Dear Official:
Pursuant to the Freedom of Information Act (FOIA), 5 U.S.C. 552, The Protect Democracy Project hereby requests that your office produce within 20 business days the following records (see below for clarity on the types of records sought):
1) Any and all records created between January 20, 2017 and the present date indicating that Executive Order 13769, “Protecting the Nation From Foreign Terrorist Entry Into the United States” was reviewed by any federal agency personnel prior to the Order’s issuance on January 27, 2017, including but not limited to any record indicating that EO 13769 was reviewed for lawfulness, or deemed lawful or unlawful, by the Department of Justice.
2) Any and all records created between January 20, 2017 and the present date transmitting Executive Order 13769, “Protecting the Nation From Foreign Terrorist Entry Into the United States” to any federal agency for review, comment, or awareness, including but not limited to the Department of Homeland Security or the Department of Justice.
3) Any and all records created between January 20, 2017 and the present date related to the decision to seek or not seek input from federal agency personnel on the creation or implementation of Executive Order 13769, “Protecting the Nation From Foreign Terrorist Entry Into the United States,” including but not limited to the Department of Homeland Security or the Department of Justice.
4) Any and all records created between January 20, 2017 and the present date related to the process for obtaining agency input regarding Executive Order 13769, “Protecting the Nation From Foreign Terrorist Entry Into the United States.”
PO Box 170521, Brooklyn, New York 11217 FOIA.protectdemocracy@gmail.com

Case 1:17-cv-00814-APM Document 1-1 Filed 05/02/17 Page 2 of 4
FEE WAIVER FOIA provides that a waiver of fees associated with a request is waived if “disclosure of the information is in the public interest because it is likely to contribute significantly to public understanding of the operations or activities of the government and is not primarily in the commercial interest of the requester.” 5 U.S.C 552(1)(4)(A)(iii). The core mission of The Protect Democracy Project, a new organization awaiting 501(c)(3) status, is to inform public understanding on operations and activities of the government. This request is submitted in consort with the organization’s mission to gather and dissimilate information that is likely to contribute significantly to the public understanding of executive branch operations and activities. The Protect Democracy Project has no commercial interest, and releasing the contents of the requested documents for public consumption is not in the financial interest of the organization. In addition to satisfying requirements for a waiver of fees associated with the search and processing of records, The Protect Democracy Project is entitled to a waiver in duplication costs. Federal law mandates a waiver of document duplication costs for requesters that qualify as a representative of the news media. The Protect Democracy Project, a new organization formed in December 2016, emerges in the tradition of 501(c)(3) good government organizations that qualify under FOIA as “news media organizations.” Like these organizations, the purpose of The Protect Democracy Project is to “gather information of potential interest to a segment of the public, use its editorial skills to turn the raw materials into distinct work, and distribute that work to an audience.” Cf National Security Archive v. Department of Defense, 880 F.2d 1381, 1387 (D.C. Cir.
PO Box 170521, Brooklyn, New York 11217 FOIA.protectdemocracy@gmail.com

Case 1:17-cv-00814-APM Document 1-1 Filed 05/02/17 Page 3 of 4
1989). We intend to give the public access to documents transmitted via FOIA on our forthcoming website, www.protectdemocracyproject.org.
RESPONSIVE RECORDS We ask that all types of records and all record systems be searched to discover records responsive to our request. We seek records in all medium and format. This includes, but is not limited to: agendas, manifests, calendars, schedules, notes, and any prepared documentation for meetings, calls, tele-conferences, or otherwise discussions responsive to our request; voicemails; e-mails; e-mail attachments; talking points; faxes; facsimiles; training documents and guides; table of contents and content of binders; documents pertaining to instruction and coordination of couriers; and any other preservation of work product. We ask that you search all system of record, including electronic, in use at your agency. The Protect Democracy Project would prefer records in electronic format, saved as PDF documents, and transmitted via email or CD-rom. If you make a determination that any responsive record, or any segment within a record, is exempt from disclosure, we ask that you provide an index of those records at the time you transmit all other responsive records. In the index, please include a description of the record and the reason for exclusion with respect to each individual exempt record or exempt portion of a record, as provided by Vaughn v. Rosen, 484 F.2d 820 (D.C. Cir. 1973), cert. denied, 415 U.S. 977 (1974). When you deem a portion of a record exempt, we ask for the remainder of the record to be provided. 5 U.S.C. 552(b). Given the 20-day statutory deadline, we hope to be as helpful as possible in clarifying or answering questions about our request. Please contact us at FOIA.protectdemocracy@gmail.com or (404) 819-1630 if you require any additional
PO Box 170521, Brooklyn, New York 11217 FOIA.protectdemocracy@gmail.com

Case 1:17-cv-00814-APM Document 1-1 Filed 05/02/17 Page 4 of 4 information. We appreciate your cooperation, and look forward to hearing from you very soon. Sincerely, Ian Bassin Executive Director The Protect Democracy Project
PO Box 170521, Brooklyn, New York 11217 FOIA.protectdemocracy@gmail.com

 
 Case 1:17-cv-00814-APM Document 11 Filed 06/09/17 Page 1 of 4

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLUMBIA

____________________________________

)

THE PROTECT DEMOCRACY

)

PROJECT,

)

)

Plaintiff,

)

)

v.

)

No. 1:17-cv-00814-APM

)

OFFICE OF MANAGEMENT AND

)

BUDGET,

)

)

Defendant.

)

____________________________________)

UNOPPOSED MOTION TO CONSOLIDATE RELATED CASES

Pursuant to Local Civil Rule 40.5(d), Defendant Office of Management and Budget

(“OMB”) hereby moves to consolidate this Freedom of Information Act (“FOIA”) action with a

later-numbered action that Plaintiff filed on the same day against the Department of Justice

(“DOJ”), Protect Democracy Project v. DOJ, 1:17-cv-00815 (D.D.C.) (Howell, C.J.), on the

ground that the actions are likely to proceed more efficiently if consolidated before a single

district judge. The Protect Democracy Project, which is the sole plaintiff in both related actions,

does not oppose the relief requested herein. Nor does DOJ, the sole defendant in the later-

numbered case.

In support of this Motion, Defendant states as follows:

1. The Complaints in the two related actions allege that the Protect Democracy

Project submitted FOIA requests to OMB and DOJ on February 15, 2017, and has yet to receive

a final determination from either agency. See Complaint ¶¶ 5, 10, Protect Democracy Project v.

OMB, 1:17-cv-00815 (D.D.C. filed May 2, 2017), ECF No. 1; Complaint ¶¶ 5, 11, Protect

Democracy Project v. DOJ, 1:17-cv-00815 (D.D.C. filed May 2, 2017), ECF No. 1.

– 1 –

Case 1:17-cv-00814-APM Document 11 Filed 06/09/17 Page 2 of 4
2. The FOIA request to OMB seeks the following categories of records:
a. Any and all records created between January 20, 2017 and the present date indicating that Executive Order 13769, “Protecting the Nation From Foreign Terrorist Entry Into the United States” was reviewed by any federal agency personnel prior to the Order’s issuance on January 27, 2017, including but not limited to any record indicating that EO 13769 was reviewed for lawfulness, or deemed lawful or unlawful, by the Department of Justice.
b. Any and all records created between January 20, 2017 and the present date transmitting Executive Order 13769, “Protecting the Nation From Foreign Terrorist Entry Into the United States” to any federal agency for review, comment, or awareness, including but not limited to the Department of Homeland Security or the Department of Justice.
c. Any and all records created between January 20, 2017 and the present date related to the decision to seek or not seek input from federal agency personnel on the creation or implementation of Executive Order 13769, “Protecting the Nation From Foreign Terrorist Entry Into the United States,” including but not limited to the Department of Homeland Security or the Department of Justice.
d. Any and all records created between January 20, 2017 and the present date related to the process for obtaining agency input regarding Executive Order 13769, “Protecting the Nation From Foreign Terrorist Entry Into the United States.”
3. Similarly, the FOIA request to DOJ seeks the following categories of records:
a. Any and all records created between January 20, 2017 and the present date indicating that Executive Order 13769, “Protecting the Nation From Foreign Terrorist Entry Into the United States” was reviewed by the Department of Justice prior to the Order’s issuance on January 27, 2017.
b. Any and all records created between January 20, 2017 and the present date transmitting Executive Order 13769, “Protecting the Nation From Foreign Terrorist Entry Into the United States” to the Department of Justice for review, comment, or awareness.
c. Any and all records created between January 20, 2017 and the present date related to the decision to seek or not seek input from the Department of Justice on the creation or implementation of Executive Order 13769, “Protecting the Nation From Foreign Terrorist Entry Into the United States.”
– 2 –

Case 1:17-cv-00814-APM Document 11 Filed 06/09/17 Page 3 of 4
d. Any and all records created between January 20, 2017 and the present date related to the process for obtaining Department of Justice review of Executive Order 13769, “Protecting the Nation From Foreign Terrorist Entry Into the United States.”
e. Any and all records created between January 20, 2017 and the present date indicating that Executive Order 13769, “Protecting the Nation From Foreign Terrorist Entry Into the United States” was reviewed by any other federal agency personnel prior to the Order’s issuance on January 27, 2017.
4. On May 2, 2017, the Protect Democracy Project filed two actions in this Court, one against DOJ and one against OMB. The earlier-numbered case, the action against OMB, was given case number 1:17-cv-00814 and assigned to Judge Mehta. The later-numbered case, the action against DOJ, was given case number 1:17-cv-00815 and assigned to Chief Judge Howell.
5. Having reviewed Plaintiff’s Complaints and the related FOIA requests, Defendants DOJ and OMB have concluded that the two actions are related cases within the meaning of Local Civil Rule 40.5(a)(3).
6. The actions involve common questions of fact relating to the agencies’ anticipated application of the FOIA’s statutory exemptions from disclosure, among other potential issues. The categories of records requested from DOJ and OMB overlap to a significant degree, such that records of certain communications between DOJ and OMB, if they exist, would be responsive to both requests. DOJ and OMB can be expected to consult with each other before releasing such records, and to apply the FOIA’s statutory exemptions from disclosure consistently to each agency’s set of responsive records. To that extent, the action against OMB and the action against DOJ involve common questions of fact relating to the potential bases for the agencies’ application of the FOIA’s statutory exemptions to these records.
– 3 –

Case 1:17-cv-00814-APM Document 11 Filed 06/09/17 Page 4 of 4

7. Accordingly, the two actions would be handled more efficiently if consolidated before a single district judge.
8. Pursuant to Local Rule 7(m), undersigned counsel for Defendants OMB and DOJ e-mailed counsel for Plaintiff on May 25, 2017, to inquire whether Plaintiff would oppose consolidation of the above-referenced actions against OMB and DOJ before Judge Mehta. Counsel for Plaintiff advised by email on May 25, 2017, that Plaintiff does not oppose consolidation.

WHEREFORE, Defendant OMB respectfully requests that this case, Protect Democracy Project v. OMB, 1:17-cv-00814 (D.D.C.), be consolidated with the later-numbered case Protect Democracy Project v. DOJ, 1:17-cv-00815 (D.D.C.).

Dated: June 9, 2017

Respectfully submitted,
CHAD A. READLER Acting Assistant Attorney General
ELIZABETH J. SHAPIRO Deputy Branch Director
/s/ Matthew J. Berns MATTHEW J. BERNS Trial Attorney (DC Bar No. 998094) United States Department of Justice Civil Division, Federal Programs Branch 20 Massachusetts Avenue NW Washington, DC 20530 Telephone: (202) 616-8016 Fax: (202) 616-8470 Matthew.J.Berns@usdoj.gov
Counsel for Defendant

– 4 –

 
 Case 1:17-cv-00814-APM Document 15 Filed 07/06/17 Page 1 of 3

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLUMBIA

____________________________________

)

THE PROTECT DEMOCRACY

)

CONSOLIDATED CASES

PROJECT,

)

)

Plaintiff,

)

)

v.

)

No. 1:17-cv-00814-APM

)

OFFICE OF MANAGEMENT AND

)

BUDGET,

)

)

Defendant.

)

____________________________________)

)

THE PROTECT DEMOCRACY

)

PROJECT,

)

)

Plaintiff,

)

)

v.

)

No. 1:17-cv-00815-APM

)

DEPARTMENT OF JUSTICE,

)

)

Defendant.

)

____________________________________)

JOINT STATUS REPORT

The United States Department of Justice (“DOJ”) and the Office of Management and

Budget (“OMB”) (collectively, “Defendants”) and Plaintiff The Protect Democracy Project

respectfully submit this Joint Status Report pursuant to the Court’s Order of June 22, 2017 [ECF

No. 14]. The parties report as follows:

1. On May 2, 2017, Plaintiff initiated actions under the Freedom of Information Act

(“FOIA”) against OMB and DOJ. The two cases were subsequently consolidated pursuant to

this Court’s Minute Order of June 12, 2017.

2. Defendants filed their Answers on June 21, 2017 [ECF Nos. 12 & 13].

– 1 –

Case 1:17-cv-00814-APM Document 15 Filed 07/06/17 Page 2 of 3
3. OMB has completed a keyword search for records responsive to Plaintiff’s FOIA request. That search located 1392 potentially responsive records. OMB has further reviewed approximately 700 of those records and determined that a large percentage of them are not in fact responsive. Based on the information currently available, OMB anticipates completing its response to Plaintiff’s FOIA request by early September and making one interim release of records before then.
4. The parties have conferred and agreed that Plaintiff’s Complaint against DOJ only seeks to compel the release of records from DOJ’s Office of Legal Counsel (“OLC”). Accordingly, the parties believe that it will be unnecessary for them to litigate the exhaustion issue raised by DOJ as the First Defense in its Answer.
5. OLC has received numerous FOIA requests relating to the same general subject matter as Plaintiff’s FOIA request. To facilitate efficient processing of all of these FOIA requests, OLC has conducted a broad keyword search designed to capture any records responsive to any of the requests. That search (over-inclusive by design) retrieved 26,157 potentially responsive records, including emails, email attachments, and stand-alone records. OLC continues to search for responsive paper records, but anticipates that the volume of responsive paper records, if any, is small. OLC has begun to review these records to determine how many are in fact responsive (either to Plaintiff’s FOIA request or to the FOIA requests submitted by others seeking records related to the same general subject matter). Once that manual review has progressed further, OLC will be in a better position to provide estimated release dates.
6. At this time, neither DOJ nor OMB anticipates seeking an Open America stay, and the parties agree that it is too early to determine whether they anticipate summary judgment briefing.
– 2 –

Case 1:17-cv-00814-APM Document 15 Filed 07/06/17 Page 3 of 3

7. The parties respectfully propose that they file Joint Status Reports on the second Tuesday of every month, beginning on August 8, 2017, until further Order of the Court.

Dated: July 6, 2017
/s/ Allison F. Murphy ALLISON F. MURPHY (DC Bar No. 975494) The Protect Democracy Project, Inc. 2020 Pennsylvania Ave., NW #163 Washington, DC 20006 Telephone: (202) 599-0466 Fax: (929) 777-8428
Counsel for Plaintiff

Respectfully submitted,
CHAD A. READLER Acting Assistant Attorney General
ELIZABETH J. SHAPIRO Deputy Branch Director
/s/ Matthew J. Berns MATTHEW J. BERNS Trial Attorney (DC Bar No. 998094) United States Department of Justice Civil Division, Federal Programs Branch 20 Massachusetts Avenue NW Washington, DC 20530 Telephone: (202) 616-8016 Fax: (202) 616-8470 Matthew.J.Berns@usdoj.gov
Counsel for Defendant

– 3 –

 
 Case 1:17-cv-00814-APM Document 16 Filed 08/08/17 Page 1 of 3

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLUMBIA

____________________________________

)

THE PROTECT DEMOCRACY

)

CONSOLIDATED CASES

PROJECT,

)

)

Plaintiff,

)

)

v.

)

No. 1:17-cv-00814-APM

)

OFFICE OF MANAGEMENT AND

)

BUDGET,

)

)

Defendant.

)

____________________________________)

)

THE PROTECT DEMOCRACY

)

PROJECT,

)

)

Plaintiff,

)

)

v.

)

No. 1:17-cv-00815-APM

)

DEPARTMENT OF JUSTICE,

)

)

Defendant.

)

____________________________________)

JOINT STATUS REPORT

The United States Department of Justice (“DOJ”) and the Office of Management and

Budget (“OMB”) (collectively, “Defendants”) and Plaintiff The Protect Democracy Project

respectfully submit this Joint Status Report pursuant to the Court’s Minute Order of July 10,

2017. The parties report as follows:

1. On May 2, 2017, Plaintiff initiated actions under the Freedom of Information Act

(“FOIA”) against OMB and DOJ. The two cases were subsequently consolidated pursuant to

this Court’s Minute Order of June 12, 2017.

2. Defendants filed their Answers on June 21, 2017 [ECF Nos. 12 & 13].

– 1 –

Case 1:17-cv-00814-APM Document 16 Filed 08/08/17 Page 2 of 3
3. OMB has completed a keyword search for records responsive to Plaintiff’s FOIA request. That search located 1392 potentially responsive records. OMB has completed its processing of 700 of the 1392 potentially responsive records and determined that only ten pages are responsive to Plaintiff’s FOIA request. On August 7, 2017, OMB released those ten pages in full. Based on the information currently available, OMB anticipates completing its response to Plaintiff’s FOIA request by early September.
4. The parties have conferred and agreed that Plaintiff’s Complaint against DOJ only seeks to compel the release of records from DOJ’s Office of Legal Counsel (“OLC”). Accordingly, the parties believe that it will be unnecessary for them to litigate the exhaustion issue raised by DOJ as the First Defense in its Answer.
5. OLC has received numerous FOIA requests relating to the same general subject matter as Plaintiff’s FOIA request. To facilitate efficient processing of all of these FOIA requests, OLC has conducted a broad keyword search designed to capture any records responsive to any of the requests. That search (over-inclusive by design) retrieved 26,157 potentially responsive records, including emails, email attachments, and stand-alone records. OLC continues to search for responsive paper records, but anticipates that the volume of responsive paper records, if any, is small.
6. On August 2, 2017, OLC released in full one record responsive to Plaintiff’s request. OLC informed Plaintiff that this release constituted the completion of OLC’s search for responsive final legal advice documents.
7. OLC has begun a manual review of the thousands of potentially responsive records located to date in order to determine how many are in fact responsive (either to Plaintiff’s FOIA request or to the FOIA requests submitted by others seeking records related to
– 2 –

Case 1:17-cv-00814-APM Document 16 Filed 08/08/17 Page 3 of 3

the same general subject matter). Once OLC’s manual review has progressed further, OLC will be in a better position to provide an estimated production schedule.
8. The parties will continue to file Joint Status Reports on the second Tuesday of every month, until further Order of the Court, pursuant to the Court’s Minute Order of July 10, 2017.

Dated: August 8, 2017
/s/ Allison F. Murphy ALLISON F. MURPHY (DC Bar No. 975494) The Protect Democracy Project, Inc. 2020 Pennsylvania Ave., NW #163 Washington, DC 20006 Telephone: (202) 599-0466 Fax: (929) 777-8428
Counsel for Plaintiff

Respectfully submitted,
CHAD A. READLER Acting Assistant Attorney General
ELIZABETH J. SHAPIRO Deputy Branch Director
/s/ Matthew J. Berns MATTHEW J. BERNS Trial Attorney (DC Bar No. 998094) United States Department of Justice Civil Division, Federal Programs Branch 20 Massachusetts Avenue NW Washington, DC 20530 Telephone: (202) 616-8016 Fax: (202) 616-8470 Matthew.J.Berns@usdoj.gov
Counsel for Defendant

– 3 –

 
 Case 1:17-cv-00814-TJK Document 18 Filed 10/10/17 Page 1 of 3

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLUMBIA

____________________________________

)

THE PROTECT DEMOCRACY

)

CONSOLIDATED CASES

PROJECT,

)

)

Plaintiff,

)

)

v.

)

No. 1:17-cv-00814-TJK

)

OFFICE OF MANAGEMENT AND

)

BUDGET,

)

)

Defendant.

)

____________________________________)

)

THE PROTECT DEMOCRACY

)

PROJECT,

)

)

Plaintiff,

)

)

v.

)

No. 1:17-cv-00815-TJK

)

DEPARTMENT OF JUSTICE,

)

)

Defendant.

)

____________________________________)

JOINT STATUS REPORT

The United States Department of Justice (“DOJ”) and the Office of Management and

Budget (“OMB”) (collectively, “Defendants”) and Plaintiff The Protect Democracy Project

respectfully submit this Joint Status Report pursuant to the Court’s Minute Order of July 10,

2017. The parties report as follows:

1. On May 2, 2017, Plaintiff initiated actions under the Freedom of Information Act

(“FOIA”) against OMB and DOJ. The two cases were subsequently consolidated pursuant to

this Court’s Minute Order of June 12, 2017.

2. Defendants filed their Answers on June 21, 2017 [ECF Nos. 12 & 13].

– 1 –

Case 1:17-cv-00814-TJK Document 18 Filed 10/10/17 Page 2 of 3
3. Since the parties’ last joint status report, OMB has completed its processing of Plaintiff’s FOIA request.
4. The parties have conferred and agreed that Plaintiff’s Complaint against DOJ only seeks to compel the release of records from DOJ’s Office of Legal Counsel (“OLC”). Accordingly, the parties believe that it will be unnecessary for them to litigate the exhaustion issue raised by DOJ as the First Defense in its Answer.
5. OLC has received numerous FOIA requests relating to the same general subject matter as Plaintiff’s FOIA request. To facilitate efficient processing of all of these FOIA requests, OLC has conducted a broad keyword search designed to capture any records responsive to any of the requests. That search (over-inclusive by design) retrieved 26,157 potentially responsive records, including emails, email attachments, and stand-alone records. OLC continues to search for responsive paper records, but anticipates that the volume of responsive paper records, if any, is small.
6. On August 2, 2017, OLC released in full one record responsive to Plaintiff’s request. OLC informed Plaintiff that this release constituted the completion of OLC’s search for responsive final legal advice documents.
7. Since the last joint status report, OLC has completed its initial manual review of the thousands of remaining potentially responsive records located to date. After this review, OLC tentatively estimates that approximately 5,500 records are responsive either to Plaintiff’s FOIA request or to the FOIA requests submitted by others seeking records related to the same general subject matter. OLC anticipates beginning rolling releases of this material within the month, though some productions may consist entirely of the denial in full of a specified number of pages.
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Case 1:17-cv-00814-TJK Document 18 Filed 10/10/17 Page 3 of 3

8. The parties will continue to file Joint Status Reports on the second Tuesday of every month, until further Order of the Court, pursuant to the Court’s Minute Order of July 10, 2017.

Dated: October 10, 2017
/s/ Allison F. Murphy ALLISON F. MURPHY (DC Bar No. 975494) The Protect Democracy Project, Inc. 2020 Pennsylvania Ave., NW #163 Washington, DC 20006 Telephone: (202) 599-0466 Fax: (929) 777-8428
Counsel for Plaintiff

Respectfully submitted,
CHAD A. READLER Acting Assistant Attorney General
ELIZABETH J. SHAPIRO Deputy Branch Director
/s/ Matthew J. Berns MATTHEW J. BERNS Trial Attorney (DC Bar No. 998094) United States Department of Justice Civil Division, Federal Programs Branch 20 Massachusetts Avenue NW Washington, DC 20530 Telephone: (202) 616-8016 Fax: (202) 616-8470 Matthew.J.Berns@usdoj.gov
Counsel for Defendants

– 3 –

 
 Case 1:17-cv-00814-TJK Document 19 Filed 11/14/17 Page 1 of 3

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLUMBIA

____________________________________

)

THE PROTECT DEMOCRACY

)

CONSOLIDATED CASES

PROJECT,

)

)

Plaintiff,

)

)

v.

)

No. 1:17-cv-00814-TJK

)

OFFICE OF MANAGEMENT AND

)

BUDGET,

)

)

Defendant.

)

____________________________________)

)

THE PROTECT DEMOCRACY

)

PROJECT,

)

)

Plaintiff,

)

)

v.

)

No. 1:17-cv-00815-TJK

)

DEPARTMENT OF JUSTICE,

)

)

Defendant.

)

____________________________________)

JOINT STATUS REPORT

The United States Department of Justice (“DOJ”) and the Office of Management and

Budget (“OMB”) (collectively, “Defendants”) and Plaintiff The Protect Democracy Project

respectfully submit this Joint Status Report pursuant to the Court’s Minute Order of July 10,

2017. The parties report as follows:

1. On May 2, 2017, Plaintiff initiated actions under the Freedom of Information Act

(“FOIA”) against OMB and DOJ. The two cases were subsequently consolidated pursuant to

this Court’s Minute Order of June 12, 2017.

2. Defendants filed their Answers on June 21, 2017 [ECF Nos. 12 & 13].

– 1 –

Case 1:17-cv-00814-TJK Document 19 Filed 11/14/17 Page 2 of 3
3. Since the parties’ last joint status report, OMB has completed its processing of Plaintiff’s FOIA request.
4. The parties have conferred and agreed that Plaintiff’s Complaint against DOJ only seeks to compel the release of records from DOJ’s Office of Legal Counsel (“OLC”). Accordingly, the parties believe that it will be unnecessary for them to litigate the exhaustion issue raised by DOJ as the First Defense in its Answer.
5. OLC has received numerous FOIA requests relating to the same general subject matter as Plaintiff’s FOIA request. To facilitate efficient processing of all of these FOIA requests, OLC has conducted a broad keyword search designed to capture any records responsive to any of the requests. That search (over-inclusive by design) retrieved 26,157 potentially responsive records, including emails, email attachments, and stand-alone records. OLC continues to search for responsive paper records, but anticipates that the volume of responsive paper records, if any, is small.
6. On August 2, 2017, OLC released in full one record responsive to Plaintiff’s request. OLC informed Plaintiff that this release constituted the completion of OLC’s search for responsive final legal advice documents.
7. Since the last joint status report, OLC has continued to review records other than its final legal advice documents for responsiveness, deduplication, and application of the FOIA’s statutory exemptions from disclosure. This review has reduced the volume of potentially responsive records requiring further review for responsiveness and potential withholdings from over 26,000 documents to approximately 2,730 documents. OLC made a production from this batch of documents on October 31 and will be making rolling productions going forward.
– 2 –

Case 1:17-cv-00814-TJK Document 19 Filed 11/14/17 Page 3 of 3

8. The parties will continue to file Joint Status Reports on the second Tuesday of every month, until further Order of the Court, pursuant to the Court’s Minute Order of July 10, 2017.

Dated: November 14, 2017
/s/ Allison F. Murphy ALLISON F. MURPHY (DC Bar No. 975494) The Protect Democracy Project, Inc. 2020 Pennsylvania Ave., NW #163 Washington, DC 20006 Telephone: (202) 599-0466 Fax: (929) 777-8428
Counsel for Plaintiff

Respectfully submitted,
CHAD A. READLER Acting Assistant Attorney General
ELIZABETH J. SHAPIRO Deputy Branch Director
/s/ Matthew J. Berns MATTHEW J. BERNS Trial Attorney (DC Bar No. 998094) United States Department of Justice Civil Division, Federal Programs Branch 20 Massachusetts Avenue NW Washington, DC 20530 Telephone: (202) 616-8016 Fax: (202) 616-8470 Matthew.J.Berns@usdoj.gov
Counsel for Defendants

– 3 –

 
 Case 1:17-cv-00814-TJK Document 20 Filed 12/12/17 Page 1 of 3

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLUMBIA

____________________________________

)

THE PROTECT DEMOCRACY

)

CONSOLIDATED CASES

PROJECT,

)

)

Plaintiff,

)

)

v.

)

No. 1:17-cv-00814-TJK

)

OFFICE OF MANAGEMENT AND

)

BUDGET,

)

)

Defendant.

)

____________________________________)

)

THE PROTECT DEMOCRACY

)

PROJECT,

)

)

Plaintiff,

)

)

v.

)

No. 1:17-cv-00815-TJK

)

DEPARTMENT OF JUSTICE,

)

)

Defendant.

)

____________________________________)

JOINT STATUS REPORT

The United States Department of Justice (“DOJ”) and the Office of Management and

Budget (“OMB”) (collectively, “Defendants”) and Plaintiff The Protect Democracy Project

respectfully submit this Joint Status Report pursuant to the Court’s Minute Order of July 10,

2017. The parties report as follows:

1. On May 2, 2017, Plaintiff initiated actions under the Freedom of Information Act

(“FOIA”) against OMB and DOJ. The two cases were subsequently consolidated pursuant to

this Court’s Minute Order of June 12, 2017.

2. Defendants filed their Answers on June 21, 2017 [ECF Nos. 12 & 13].

– 1 –

Case 1:17-cv-00814-TJK Document 20 Filed 12/12/17 Page 2 of 3
3. Since the parties’ last joint status report, OMB has completed its processing of Plaintiff’s FOIA request.
4. The parties have conferred and agreed that Plaintiff’s Complaint against DOJ only seeks to compel the release of records from DOJ’s Office of Legal Counsel (“OLC”). Accordingly, the parties believe that it will be unnecessary for them to litigate the exhaustion issue raised by DOJ as the First Defense in its Answer.
5. OLC has received numerous FOIA requests relating to the same general subject matter as Plaintiff’s FOIA request. To facilitate efficient processing of all of these FOIA requests, OLC has conducted a broad keyword search designed to capture any records responsive to any of the requests. That search (over-inclusive by design) retrieved 26,157 potentially responsive records, including emails, email attachments, and stand-alone records. OLC continues to search for responsive paper records, but anticipates that the volume of responsive paper records, if any, is small.
6. On August 2, 2017, OLC released in full one record responsive to Plaintiff’s request. OLC informed Plaintiff that this release constituted the completion of OLC’s search for responsive final legal advice documents.
7. OLC subsequently proceeded to review records other than its final legal advice documents for responsiveness, deduplication, and application of the FOIA’s statutory exemptions from disclosure. This review has reduced the volume of potentially responsive records requiring further review for responsiveness and potential withholdings from over 26,000 documents to approximately 2,730 documents. OLC made productions from this batch of documents on October 31 and November 30, 2017, which totaled 123 pages released in part and
– 2 –

Case 1:17-cv-00814-TJK Document 20 Filed 12/12/17 Page 3 of 3

383 pages denied in full. OLC intends to continue making rolling productions on approximately a monthly basis going forward.
8. The parties will continue to file Joint Status Reports on the second Tuesday of every month, until further Order of the Court, pursuant to the Court’s Minute Order of July 10, 2017.

Dated: December 12, 2017
/s/ Allison F. Murphy ALLISON F. MURPHY (DC Bar No. 975494) The Protect Democracy Project, Inc. 2020 Pennsylvania Ave., NW #163 Washington, DC 20006 Telephone: (202) 599-0466 Fax: (929) 777-8428
Counsel for Plaintiff

Respectfully submitted,
CHAD A. READLER Acting Assistant Attorney General
ELIZABETH J. SHAPIRO Deputy Branch Director
/s/ Matthew J. Berns MATTHEW J. BERNS Trial Attorney (DC Bar No. 998094) United States Department of Justice Civil Division, Federal Programs Branch 20 Massachusetts Avenue NW Washington, DC 20530 Telephone: (202) 616-8016 Fax: (202) 616-8470 Matthew.J.Berns@usdoj.gov
Counsel for Defendants

– 3 –

 
 Case 1:17-cv-00814-TJK Document 9 Filed 06/09/17 Page 1 of 1

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLUMBIA

____________________________________

)

THE PROTECT DEMOCRACY

)

PROJECT,

)

)

Plaintiff,

)

)

v.

)

No. 1:17-cv-00814-APM

)

OFFICE OF MANAGEMENT AND

)

BUDGET,

)

)

Defendant.

)

____________________________________)

NOTICE OF APPEARANCE

Please take notice that Matthew J. Berns of the United States Department of Justice, Civil

Division, Federal Programs Branch, hereby enters his appearance in the above-captioned matter

as counsel for Defendant.

Dated: June 9, 2017

Respectfully submitted,

CHAD A. READLER Acting Assistant Attorney General

ELIZABETH J. SHAPIRO Deputy Branch Director

/s/ Matthew J. Berns MATTHEW J. BERNS Trial Attorney (DC Bar No. 998094) United States Department of Justice Civil Division, Federal Programs Branch 20 Massachusetts Avenue NW Washington, DC 20530 Telephone: (202) 616-8016 Fax: (202) 616-8470 Matthew.J.Berns@usdoj.gov

Counsel for Defendant

 
 Case 1:17-cv-00814-TJK Document 21 Filed 01/08/18 Page 1 of 3

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLUMBIA

____________________________________

)

THE PROTECT DEMOCRACY

)

CONSOLIDATED CASES

PROJECT,

)

)

Plaintiff,

)

)

v.

)

No. 1:17-cv-00814-TJK

)

OFFICE OF MANAGEMENT AND

)

BUDGET,

)

)

Defendant.

)

____________________________________)

)

THE PROTECT DEMOCRACY

)

PROJECT,

)

)

Plaintiff,

)

)

v.

)

No. 1:17-cv-00815-TJK

)

DEPARTMENT OF JUSTICE,

)

)

Defendant.

)

____________________________________)

JOINT STATUS REPORT

The United States Department of Justice (“DOJ”) and the Office of Management and

Budget (“OMB”) (collectively, “Defendants”) and Plaintiff The Protect Democracy Project

respectfully submit this Joint Status Report pursuant to the Court’s Minute Order of July 10,

2017. The parties report as follows:

1. On May 2, 2017, Plaintiff initiated actions under the Freedom of Information Act

(“FOIA”) against OMB and DOJ. The two cases were subsequently consolidated pursuant to

this Court’s Minute Order of June 12, 2017.

2. Defendants filed their Answers on June 21, 2017 [ECF Nos. 12 & 13].

– 1 –

Case 1:17-cv-00814-TJK Document 21 Filed 01/08/18 Page 2 of 3
3. OMB has completed its processing of Plaintiff’s FOIA request. 4. The parties have conferred and agreed that Plaintiff’s Complaint against DOJ only seeks to compel the release of records from DOJ’s Office of Legal Counsel (“OLC”). Accordingly, the parties believe that it will be unnecessary for them to litigate the exhaustion issue raised by DOJ as the First Defense in its Answer. 5. OLC has received numerous FOIA requests relating to the same general subject matter as Plaintiff’s FOIA request. To facilitate efficient processing of all of these FOIA requests, OLC has conducted a broad keyword search designed to capture any records responsive to any of the requests. That search (over-inclusive by design) retrieved 26,157 potentially responsive records, including emails, email attachments, and stand-alone records. OLC continues to search for responsive paper records, but anticipates that the volume of responsive paper records, if any, is small. 6. On August 2, 2017, OLC released in full one record responsive to Plaintiff’s request. OLC informed Plaintiff that this release constituted the completion of OLC’s search for responsive final legal advice documents. 7. OLC subsequently proceeded to review records other than its final legal advice documents for responsiveness, deduplication, and application of the FOIA’s statutory exemptions from disclosure. This review has reduced the volume of potentially responsive records requiring further review for responsiveness and potential withholdings from over 26,000 documents to approximately 2,730 documents. OLC made productions from this batch of documents on October 31 and November 30, 2017, which totaled 123 pages released in part and 383 pages denied in full. On January 2, 2018, OLC released 51 pages in full or in part and
– 2 –

Case 1:17-cv-00814-TJK Document 21 Filed 01/08/18 Page 3 of 3

denied 325 pages in full. OLC intends to continue making rolling productions on approximately a monthly basis going forward.
8. The parties will continue to file Joint Status Reports on the second Tuesday of every month, until further Order of the Court, pursuant to the Court’s Minute Order of July 10, 2017.

Dated: January 8, 2018
/s/ Allison F. Murphy ALLISON F. MURPHY (DC Bar No. 975494) The Protect Democracy Project, Inc. 2020 Pennsylvania Ave., NW #163 Washington, DC 20006 Telephone: (202) 599-0466 Fax: (929) 777-8428
Counsel for Plaintiff

Respectfully submitted,
CHAD A. READLER Acting Assistant Attorney General
ELIZABETH J. SHAPIRO Deputy Branch Director
/s/ Matthew J. Berns MATTHEW J. BERNS Trial Attorney (DC Bar No. 998094) United States Department of Justice Civil Division, Federal Programs Branch 20 Massachusetts Avenue NW Washington, DC 20530 Telephone: (202) 616-8016 Fax: (202) 616-8470 Matthew.J.Berns@usdoj.gov
Counsel for Defendants

– 3 –

 
 Case 1:17-cv-00814-TJK Document 23 Filed 02/13/18 Page 1 of 3

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLUMBIA

____________________________________

)

THE PROTECT DEMOCRACY

)

CONSOLIDATED CASES

PROJECT,

)

)

Plaintiff,

)

)

v.

)

No. 1:17-cv-00814-TJK

)

OFFICE OF MANAGEMENT AND

)

BUDGET,

)

)

Defendant.

)

____________________________________)

)

THE PROTECT DEMOCRACY

)

PROJECT,

)

)

Plaintiff,

)

)

v.

)

No. 1:17-cv-00815-TJK

)

DEPARTMENT OF JUSTICE,

)

)

Defendant.

)

____________________________________)

JOINT STATUS REPORT

The United States Department of Justice (“DOJ”) and the Office of Management and

Budget (“OMB”) (collectively, “Defendants”) and Plaintiff The Protect Democracy Project

respectfully submit this Joint Status Report pursuant to the Court’s Minute Order of July 10,

2017. The parties report as follows:

1. On May 2, 2017, Plaintiff initiated actions under the Freedom of Information Act

(“FOIA”) against OMB and DOJ. The two cases were subsequently consolidated pursuant to

this Court’s Minute Order of June 12, 2017.

2. Defendants filed their Answers on June 21, 2017 [ECF Nos. 12 & 13].

– 1 –

Case 1:17-cv-00814-TJK Document 23 Filed 02/13/18 Page 2 of 3
3. OMB has completed its processing of Plaintiff’s FOIA request. 4. The parties have conferred and agreed that Plaintiff’s Complaint against DOJ only seeks to compel the release of records from DOJ’s Office of Legal Counsel (“OLC”). Accordingly, the parties believe that it will be unnecessary for them to litigate the exhaustion issue raised by DOJ as the First Defense in its Answer. 5. OLC has received numerous FOIA requests relating to the same general subject matter as Plaintiff’s FOIA request. To facilitate efficient processing of all of these FOIA requests, OLC has conducted a broad keyword search designed to capture any records responsive to any of the requests. That search (over-inclusive by design) retrieved 26,157 potentially responsive records, including emails, email attachments, and stand-alone records. OLC continues to search for responsive paper records, but anticipates that the volume of responsive paper records, if any, is small. 6. On August 2, 2017, OLC released in full one record responsive to Plaintiff’s request. OLC informed Plaintiff that this release constituted the completion of OLC’s search for responsive final legal advice documents. 7. OLC subsequently proceeded to review records other than its final legal advice documents for responsiveness, deduplication, and application of the FOIA’s statutory exemptions from disclosure. This review has reduced the volume of potentially responsive records requiring further review for responsiveness and potential withholdings from over 26,000 documents to approximately 2,730 documents. OLC made productions from this batch of documents on October 31 and November 30, 2017, which totaled 123 pages released in part and 383 pages denied in full. On January 2, 2018, OLC released 51 pages in full or in part and denied 325 pages in full. On January 31, 2018, OLC released 93 pages in full or in part and
– 2 –

Case 1:17-cv-00814-TJK Document 23 Filed 02/13/18 Page 3 of 3

denied 399 pages in full. OLC intends to continue making rolling productions on approximately a monthly basis going forward.
8. The parties will continue to file Joint Status Reports on the second Tuesday of every month, until further Order of the Court, pursuant to the Court’s Minute Order of July 10, 2017.

Dated: February 13, 2018
/s/ Allison F. Murphy ALLISON F. MURPHY (DC Bar No. 975494) The Protect Democracy Project, Inc. 2020 Pennsylvania Ave., NW #163 Washington, DC 20006 Telephone: (202) 599-0466 Fax: (929) 777-8428
Counsel for Plaintiff

Respectfully submitted,
CHAD A. READLER Acting Assistant Attorney General
ELIZABETH J. SHAPIRO Deputy Branch Director
/s/ Vinita B. Andrapalliyal VINITA B. ANDRAPALLIYAL Trial Attorney United States Department of Justice Civil Division, Federal Programs Branch 20 Massachusetts Avenue NW Washington, DC 20530 Telephone: (202) 598-8085 Fax: (202) 616-8470 vinita.b.andrapalliyal@usdoj.gov
Counsel for Defendants

– 3 –

 
 EXECUT IVE OFFICE OF THE PRESIDENT
OFFICE OF MANAGEM ENT AND BUDGET WASHINGTON, D.C. 20503

Ms. Allison Murphy The Protect Democracy Project, Inc. 2020 Pennsylvania Ave., NW #163 Washington, DC 20006

August 7, 2017

Sent via email: Allison.murohy@protectdemocracy.org

RE: The Protect Democracy Project v. Office of Management and Budget, et. al., No. 17-814 (DOC)

Dear Ms. Murphy:

This is in response to the Freedom of Information Act (FOIA) request from The Protect Democracy Project, which is the subject of the above-referenced matter. Specifically, the Office of Management and Budget (OMB) received The Protect Democracy Project's FOIA request on February 15, 2017, and assigned it the tracking number 2017-074.
In accordance with the parties' Joint Status Report of July 6, 2017, OMB is making its first of two productions to the Protect Democracy Project. OMB has completed its review of700 documents for this production. Of those 700 documents, three were responsive to The Protect Democracy Project' s request. We have determined that all are appropriate to release in full.
OMB is continuing to review records that are potentially responsive to your request and will respond to you again by early September in accordance with the Joint Status Report.
Because this matter is in litigation, please contact Matthew J. Berns, Trial Attorney, at 202-616-8016 or matthew.Lberns@usdoj .gov, if you have any questions.
Sincerely,
/):' 1i~-
Dionne Hardy FOIA Officer
Enclosures

Office of the Assistant Attorney General

U.S. Department of Justice Office of Legal Counsel
Washington, D.C 20530

January 27, 2017
MEMORANDUM
Re: Proposed Executive Order Entitled, "Protecting the Nation from Foreign Terrorist Entry into the United States"
The attached proposed Executive Order was prepared by the Domestic Policy Council and forwarded to this Department for review with respect to form and legality.
The Order would direct a range of executive branch actions designed to ensure that foreign nationals who are approved for admission to the United States do not intend to harm Americans and have no ties to terrorism. Following is a description of several ofthe actions directed under the Order.
The proposed Order would require the Secretary of Homeland Security, in consultation with the Secretary of State and the Director of National Intelligence, to determine the information needed from other countries to adjudicate visas, admissions, or other benefits under the Immigration and Nationality Act ("INA"), 8 U.S. C. §§ 1101 et seq. It would then direct the Secretary of State to request that other countries provide such information within 60 days. The Order would direct the Secretary of Homeland Security to submit to the President a list of the countries that do not provide such information for inclusion in a presidential proclamation generally prohibiting the entry of nationals from those countries. The Order would also suspend the entry of immigrants and non-immigrants from countries referred to in section 217(a)(12) of the INA, subject to case-by-case exceptions.
The Order would also direct the Secretary of State, the Secretary of Homeland Security, the Director of National Intelligence, and the Director ofthe Federal Bureau of Investigation to develop uniform screening standards and procedures to identify individuals seeking to enter the United States on a fraudulent basis or with the intent to cause harm, or who are at risk of causing harm after admission.
In addition, the Order would direct the Secretary of State to suspend the U.S. Refugee Admissions Program ("USRAP") for 120 days, subject to case-by-case exceptions. During that 120-day period, the Secretary of State, in conjunction with the Secretary of Homeland Security and in consultation with the Director ofNational Intelligence, would determine what additional procedures can be taken to ensure that refugees who are approved for admission do not pose a threat to the security and welfare of the United States. Pursuant to section 212(£) of the INA, the President would proclaim that the entry of Syrian refugees, and the entry of more than 50,000

1

OMB057FY17074_000000317

refugees in fiscal year 2017, would be detrimental to the interests of the United States and would suspend such admissions.
The proposed Order is approved with respect to form and legality.
Curtis E. Gannon Acting Assistant Attorney General

2

2

OMB057FY17074_000000317

U.S. Department of Justice
Office ofLegal Counsel

Office of the Assistant Attorney General

Washington. D.C. 20530
January 27, 2017

The President, The White House.
My dear Mr. President: 1 am herewith transmitting a proposed Executive Order entitled, "Protecting the Nation
from Foreign Terrorist Entry into the United States." This proposed Order was prepared by the Domestic Policy Council and forwarded to this Department for review of its form and legality.
The proposed Executive Order is approved with respect to form and legality.
Respectfully,
t t~1;l. t:h-:100'••,..,.........
Curtis E. Gannon Acting Assistant Attorney General

3

OMB057FY17074_000000317

Executive Order-Protecting the Nation from Foreign Terrorist Entry into the United States
EXECUTIVE ORDER
PROTECTING THE NATION FROM FOREIGN TERRORIST ENTRY INTO THE UNITED STATES
By the authority vested in me as President by the Constitution and laws of the United States of America, including the Immigration and Nationality Act (INA), 8 U.S. C. 1 101 et seq., and section 301 oftitle 3, United States Code, and to protect the American people from terrorist attacks by foreign nationals admitted to the United States, it is hereby ordered as fo 11ows:
Section 1. Purpose. The visa-issuance process plays a crucial role in detecting individuals with terrorist ties and stopping them from entering the United States. Perhaps in no instance was that more apparent than the terrorist attacks of September 1 1, 2001 , when State Department policy prevented consular officers from properly scrutinizing the visa applications of several ofthe 19 foreign nationals who went on to murder nearly 3,000 Americans. And while the visa-issuance process was reviewed and amended after the September I I attacks to better detect would-be terrorists from receiving visas, these measures did not stop attacks by foreign nationals who were admitted to the United States.
Numerous foreign-born individuals have been convicted or implicated in terrorismrelated crimes since September 1 1, 2001, including foreign nationals who entered the United States after receiving visitor, student, or employment visas, or who entered through the United States refugee resettlement program. Deteriorating conditions in certain countries due to war, strife, disaster, and civil unrest increase the likelihood that terrorists will use any means possible to enter the United States. The United States must be vigilant during the visa-issuance process to ensure that those approved for admission do not intend to harm Americans and that they have no ties to terrorism.
In order to protect Americans, the United States must ensure that those admitted to this country do not bear hostile attitudes toward it and its founding principles. The United States cannot, and should not, admit those who do not support the Constitution, or those who would place violent ideologies over American law. In addition, the United States should not admit those who engage in acts of bigotry or hatred (including "honor" killings, other forms ofviolence against women, or the persecution of those who practice religions different from their own) or those who would oppress Americans of any race, gender, or sexual orientation.
Sec. 2. Policy. It is the policy of the United States to protect its citizens from foreign nationals who intend to commit terrorist attacks in the United States; and to prevent the
[APG]

4

OMB057FY17074_000000317

admission of foreign nationals who intend to exploit United States immigration laws for malevolent purposes.
Sec. 3. Suspension oflssuance ofVisas and Other Immigration Benefits to Nationals of Countries ofParticular Concern. (a) The Secretary ofHomeland Security, in consultation with the Secretary of State and the Director of National Intelligence, shall immediately conduct a review to deten11ine the infonn.ation needed from. any country to adjudicate any visa, admission, or other benefit under the INA (adjudications) in order to determine that the individual seeking the benefit is who the individual claims to be and is not a security or public-safety threat.
(b) The Secretary ofHomeland Security, in consultation with the Secretary of State and the Director of National Intelligence, shall submit to the President a report on the results of the review described in subsection (a) of this section, including the Secretary of Homeland Security's determination of the information needed for adjudications and a list of countries that do not provide adequate information, within 30 days of the date of this order. The Secretary of Homeland Security shall provide a copy of the report to the Secretary of State and the Director ofNational Intelligence.
(c) To temporarily reduce investigative burdens on relevant agencies during the review period described in subsection (a) ofthis section, to ensure the proper review and maximum utilization of available resources for the screening of foreign nationals, and to ensure that adequate standards are established to prevent infiltration by foreign terrorists or criminals, pursuant to section 212(f) of the INA, 8 U.S.C. 1182(f), I hereby proclaim that the immigrant and nonimmigrant entry into the United States ofaliens from countries referred to in section 217(a)(l2) of the INA, 8 U S.C. ll87(a)(12), would be detrimental to the interests of the United States, and I hereby suspend entry into the United States, as immigrants and nonimmigrants, of such persons for 90 days from the date of this order (excluding those foreign nationals traveling on diplomatic visas, North Atlantic Treaty Organization visas, C-2 visas for travel to the United Nations, and G-1, G-2, G-3, and G4 visas).
(d) lrnmediately upon receipt of the report described in subsection (b) of this section regarding the information needed for adjudications, the Secretary of State shall request all foreign governments that do not supply such information to start providing such information regarding their nationals within 60 days of notification.
(e) After the 60-day period described in subsection (d) of this section expires, the Secretary of Homeland Security, in consultation with the Secretary of State, shall submit to the President a list of countries recommended for inclusion on a Presidential proclamation that would prohibit the entry of foreign nationals (excluding those foreign nationals traveling on diplomatic visas, North Atlantic Treaty Organization visas, C-2
visas for travel to the United Nations, and G-1, G-2, G-3, and G-4 visas) from countries that do not provide the information requested pursuant to subsection (d) of this section until compliance occurs.
[APG]

5

OMB057FY17074_000000317

(f) At any point after submitting the list described in subsection (e) ofthis section, the Secretary of State or the Secretary of Homeland Security may submit to the President the names of any additional countries recommended for similar treatment.
(g) Notwithstanding a suspension pursuant to subsection (c) ofthis section or pursuant to a Presidential proclamation described in subsection (e) of this section, the Secretaries of State and Homeland Security rnay, on a case-by-case basis, and when in the national interest, issue visas or other immigration benefits to nationals of countries for which visas and benefits are otherwise blocked.
(h) The Secretaries of State and Homeland Security shall submit to the President a joint report on the progress in implementing this order within 30 days ofthe date of this order, a second report within 60 days of the date ofthis order, a third report within 90 days ofthe date of this order, and a fourth report within 120 days ofthe date ofthis order.
Sec. 4. Implementing Uniform Screening Standards for All Immigration Programs. (a) The Secretary of State, the Secretary of Homeland Security, the Director of National Intelligence, and the Director ofthe Federal Bureau of Investigation shall implement a program, as part of the adjudication process for immigration benefits, to identify individuals seeking to enter the United States on a fraudulent basis with the intent to cause harm, or who are at risk of causing harm subsequent to their admission. This program will include the development of a uniform screening standard and procedure, such as in-person interviews; a database of identity documents proffered by applicants to ensure that duplicate documents are not used by multiple applicants; amended application forms that include questions aimed at identifying fraudulent answers and malicious intent; a mechanism to ensure that the applicant is who the applicant claims to be; a
process to evaluate the applicant's likelihood of becoming a positively contributing rnen1.ber of society and the applicant's ability to make contributions to the national interest; and a mechanism to assess whether or not the applicant has the intent to commit criminal or terrorist acts after entering the United States.
(b) The Secretary of Homeland Security, in conjunction with the Secretary of State, the Director ofNational Intelligence, and the Director of the Federal Bureau oflnvestigation, shall submit to the President an initial report on the progress of this directive within 60 days ofthe date ofthis order, a second report within 100 days ofthe date ofthis order, and a third report within 200 days of the date of this order.
Sec. 5. Realignment ofthe U.S. Refugee Admissions Program for Fiscal Year 2017. (a) The Secretary of State shall suspend the U.S. Refugee Admissions Program (USRAP) for 120 days. During the 120-day period, the Secretary of State, in conjunction with the Secretary ofHomeland Security and in consultation with the Director ofNational Intelligence, shall review the USRAP application and adjudication process to determine what additional procedures should be taken to ensure that those approved for refugee admission do not pose a threat to the security and welfare of the United States, and shall
[APG]

6

OMB057FY17074_000000317

implement such additional procedures. Refugee applicants who are already in the USRAP process may be admitted upon the initiation and completion ofthese revised procedures.
Upon the date that is 120 days after the date of this order, the Secretary of State shall resume USRAP admissions only for nationals of countries for which the Secretary of State, the Secretary of Homeland Security, and the Director ofNational Intelligence have jointly determined that such additional procedures are adequate to ensure the security and welfare ofthe United States.
(b) Upan the resumption of USRAP admissions, the Secretary of State, in consultation with the Secretary ofHomeland Security, is further directed to make changes, to the extent permitted by law, to prioritize refugee claims made by individuals on the basis of religious-based persecution, provided that the religion of the individual is a minority religion in the individual's country of nationality. Where necessary and appropriate, the Secretaries of State and Homeland Security shall recommend legislation to the President that would assist with such prioritization.
(c) Pursuant to section 212(£) of the INA, 8 U.S.C. 1182(£), 1 hereby proclaim that the entry of nationals of Syria as refugees is detrimental to the interests of the United States and thus suspend any such entry until such time as I have determined that sufficient changes have been made to the USRAP to ensure that admission of Syrian refugees is consistent with the national interest.
(d) Pursuant to section 212(£) ofthe INA, 8 U.S.C. 1 182(£), I hereby proclaim that the entry of more than 50,000 refugees in fiscal year 2017 would be detrimental to the interests ofthe United States, and thus suspend any such entry until such time as I determine that additional admissions would be in the national interest.
(e) Notwithstanding the temporary suspension imposed pursuant to subsection (a) of this section, the Secretaries of State and Homeland Security may jointly determine to admit individuals to the United States as refugees on a case-by-case basis, in their discretion, but only so long as they determine that the admission of such individuals as refugees is in the national interest-including when the person is a religious minority in his country of nationality facing religious persecution, when admitting the person would enable the United States to conform its conduct to a preexisting international agreement, or when the person is already in transit and denying admission would cause undue hardship-and it would not pose a risk to the security or welfare of the United States.
(f) The Secretary of State shall submit to the President an initial report on the progress ofthe directive in subsection (b) ofthis section regarding prioritization ofclaims made by individuals on the basis of religious-based persecution within 100 days ofthe date ofthis order and shall submit a second report within 200 days ofthe date of this order.
(g) It is the policy of the executive branch that, to the extent permitted by law and as practicable, State and local jurisdictions be granted a role in the process of determining
[APG]

7

OMB057FY17074_000000317

the placement or settlement in their jurisdictions of aliens eligible to be admitted to the United States as refugees. To that end, the Secretary ofHomeland Security shall examine existing law to determine the extent to which, consistent with applicable law, State and local jurisdictions may have greater involvement in the process of determining the placement or resettlement of refugees in their jurisdictions, and shall devise a proposal to lawfully promote such involvement.
Sec. 6. Rescission ofExercise ofAuthority Relating to the Terrorism Grounds of Inadmissibility. The Secretaries ofState and Homeland Security shall, in consultation with the Attorney General, consider rescinding the exercises of authority in section 212 of the INA, 8 U.S. C. 1 182, relating to the terrorism grounds of inadmissibility, as well as any related implementing memoranda.
Sec. 7. Expedited Completion ofthe Biometric Entry-Exit Tracking System. (a) The Secretary of Homeland Security shall expedite the completion and implementation of a biometric entry-exit tracking system for all travelers to the United States, as recommended by the National Commission on Terrorist Attacks Upon the United States.
(b) The Secretary ofHomeland Security shall submit to the President periodic reports on the progress of the directive contained in subsection (a) of this section. The initial report shall be submitted within 100 days of the date ofthis order, a second report shall be submitted within 200 days of the date of this order, and a third report shall be submitted within 365 days ofthe date of this order. Further, the Secretary shall submit a report every 180 days thereafter until the system is fully deployed and operational.
Sec. 8. Visa Interview Security. (a) The Secretary of State shall immediately suspend the Visa Interview Waiver Program and ensure compliance with section 222 of the INA, 8 U.S. C. 1222, which requires that all individuals seeking a nonimmigrant visa undergo an in-person interview, subject to specific statutory exceptions.
(b) To the extent permitted by law and subject to the availability of appropriations, the Secretary of State shall immediately expand the Consular Fellows Program, including by substantially increasing the number of Fellows, lengthening or making permanent the period of service, and making language training at the Foreign Service Institute available to Fellows for assignment to posts outside of their area of core linguistic ability, to ensure that non-immigrant visa-interview wait times are not unduly affected.
Sec. 9. Visa Validity Reciprocity. The Secretary of State shall review all nonimmigrant visa reciprocity agreements to ensure that they are, with respect to each visa classification, truly reciprocal insofar as practicable with respect to validity period and fees, as required by sections 221(c) and 281 of the INA, 8 U.S.C. 1201(c) and 1351, and other treatment. If a country does not treat United States nationals seeking nonimmigrant visas in a reciprocal manner, the Secretary of State shall adjust the visa validity period, fee schedule, or other treatment to match the treatment ofUnited States nationals by the foreign country, to the extent practicable.
[APG]

8

OMB057FY17074_000000317

Sec. 10. Transparency and Data Collection. (a) To be more transparent with the American people, and to more effectively implement policies and practices that serve the national interest, the Secretary of Homeland Security, in consultation with the Attorney General, shall, consistent with applicable law and national security, collect and make publicly available within 180 days, and every 180 days thereafter:

(i) information regarding the number of foreign nationals in the United States who have been charged with terrorism-related offenses while in the United States; convicted ofterrorism-related offenses while in the United States; or removed from the United States based on terrorism-related activity, affiliation, or material support to a terrorism-related organization, or any other national security reasons since the date of this order or the last reporting period, whichever is later;

(ii) information regarding the number of foreign nationals in the United States who have been radicalized after entry into the United States and engaged in terrorismrelated acts, or who have provided material support to terrorism-related organizations in countries that pose a threat to the United States, since the date of this order or the last reporting period, whichever is later; and

(iii) information regarding the number and types of acts of gender-based violence against women, including honor killings, in the United States by foreign nationals, since the date of this order or the last reporting period, whichever is later; and
(iv) any other information relevant to public safety and security as
determined by the Secretary of Homeland Security and the Attorney General, including information on the immigration status of foreign nationals charged with major offenses.
(b) The Secretary of State shall, within one year of the date of this order, provide a report on the estimated long-tenn. costs of the USRAP at the Federal, State, and local levels.

Sec. 11. General Provisions. (a) 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.

(b) This order shall be implen1.ented consistent with applicable law and subject to the availability of appropriations.

[APG]

9

OMB057FY17074_000000317

(c) 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.

[APG]
10

OMB057FY17074_000000317

 
 EXECUTIVE OFFICE OF THE PRESIDENT
OFFICE OF MANAGEMENT AND BUDGET WASHINGTON, D. C. 20503
September 22, 2017
Ms. Allison Murphy The Protect Democracy Project, Inc. 2020 Pennsylvania Ave., NW #163 Washington, DC 20006
Sent via email: Allison.mumhy@protectdemocracy.org
RE: The Protect Democracy Project v. Office of Management and Budget, et. al., No. 17-814 (DDC)
Dear Ms. Murphy:
This is our final response to the Freedom of Information Act (FOIA) request from The Protect Democracy Project, which is the subject of the above-referenced matter. Specifically, the Office of Management and Budget (OMB) received The Protect Democracy Project's FOIA request on February 15, 2017, and assigned it the tracking number 2017-074.
In accordance with the parties' Joint Status Report of September 12, 2017, 0 MB is making its second of two productions to the Protect Democracy Project. OMB has completed its review of the remaining documents identified as potentially responsive. Of those documents, we have determined that one was responsive to The Protect Democracy Project' s request and that it is appropriate to withhold it in full pursuant to FOIA Exemptions 5 and 6, 5 U.S.C. § 552(b)(5), (b)(6). Exemption 5 protects interagency or intra-agency pre-decisional deliberative communications, the disclosure of which would inhibit the frank and candid exchange of views that is necessary for effective government decision making. Exemption 6 protects against disclosure of information that would constitute a clearly unwarranted invasion of personal privacy.
Because this matter is in litigation, please contact Matthew J. Berns, Trial Attorney, at 202-616-8016 or matthew.j.bems@usdoj.gov, if you have any questions.
Sincerely,
~ Dionne Hardy FOIA Officer

 
 Case 1:17-cv-00814-TJK Document 24 Filed 03/13/18 Page 1 of 3

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLUMBIA

____________________________________

)

THE PROTECT DEMOCRACY

)

CONSOLIDATED CASES

PROJECT,

)

)

Plaintiff,

)

)

v.

)

No. 1:17-cv-00814-TJK

)

OFFICE OF MANAGEMENT AND

)

BUDGET,

)

)

Defendant.

)

____________________________________)

)

THE PROTECT DEMOCRACY

)

PROJECT,

)

)

Plaintiff,

)

)

v.

)

No. 1:17-cv-00815-TJK

)

DEPARTMENT OF JUSTICE,

)

)

Defendant.

)

____________________________________)

JOINT STATUS REPORT

The United States Department of Justice (“DOJ”) and the Office of Management and

Budget (“OMB”) (collectively, “Defendants”) and Plaintiff The Protect Democracy Project

respectfully submit this Joint Status Report pursuant to the Court’s Minute Order of July 10,

2017. The parties report as follows:

1. On May 2, 2017, Plaintiff initiated actions under the Freedom of Information Act

(“FOIA”) against OMB and DOJ. The two cases were subsequently consolidated pursuant to

this Court’s Minute Order of June 12, 2017.

2. Defendants filed their Answers on June 21, 2017 [ECF Nos. 12 & 13].

– 1 –

Case 1:17-cv-00814-TJK Document 24 Filed 03/13/18 Page 2 of 3
3. OMB has completed its processing of Plaintiff’s FOIA request. 4. The parties have conferred and agreed that Plaintiff’s Complaint against DOJ only seeks to compel the release of records from DOJ’s Office of Legal Counsel (“OLC”). Accordingly, the parties believe that it will be unnecessary for them to litigate the exhaustion issue raised by DOJ as the First Defense in its Answer. 5. OLC has received numerous FOIA requests relating to the same general subject matter as Plaintiff’s FOIA request. To facilitate efficient processing of all of these FOIA requests, OLC completed a broad keyword search designed to capture any records responsive to any of the requests. That search (over-inclusive by design) retrieved 26,157 potentially responsive electronic records, including emails, email attachments, and stand-alone records. OLC continues to search for responsive paper records, but anticipates that the volume of responsive paper records, if any, is small. 6. On August 2, 2017, OLC released in full one record responsive to Plaintiff’s request. OLC informed Plaintiff that this release constituted the completion of OLC’s search for responsive final legal advice documents. 7. OLC subsequently proceeded to review records other than its final legal advice documents for responsiveness, deduplication, and application of the FOIA’s statutory exemptions from disclosure. This review has reduced the volume of potentially responsive records requiring further review for responsiveness and potential withholdings from over 26,000 documents to approximately 2,730 documents. OLC made productions from this batch of documents on October 31 and November 30, 2017, which totaled 123 pages released in part and 383 pages denied in full. On January 2, 2018, OLC released 51 pages in full or in part and denied 325 pages in full. On January 31, 2018, OLC released 93 pages in full or in part and
– 2 –

Case 1:17-cv-00814-TJK Document 24 Filed 03/13/18 Page 3 of 3

denied 399 pages in full. On March 1, 2018, OLC released 174 pages in full or in part and denied 218 pages in full. OLC intends to continue making rolling productions on approximately a monthly basis going forward.
8. The parties will continue to file Joint Status Reports on the second Tuesday of every month, until further Order of the Court, pursuant to the Court’s Minute Order of July 10, 2017.

Dated: March 13, 2018
/s/ Allison F. Murphy ALLISON F. MURPHY (DC Bar No. 975494) The Protect Democracy Project, Inc. 2020 Pennsylvania Ave., NW #163 Washington, DC 20006 Telephone: (202) 599-0466 Fax: (929) 777-8428
Counsel for Plaintiff

Respectfully submitted,
CHAD A. READLER Acting Assistant Attorney General
ELIZABETH J. SHAPIRO Deputy Branch Director
/s/ Vinita B. Andrapalliyal VINITA B. ANDRAPALLIYAL Trial Attorney United States Department of Justice Civil Division, Federal Programs Branch 20 Massachusetts Avenue NW Washington, DC 20530 Telephone: (202) 305-0845 Fax: (202) 616-8470 vinita.b.andrapalliyal@usdoj.gov
Counsel for Defendants

– 3 –

 
 U.S. Department of Justice
Office of Legal Counsel
Washington, D. C. 20530
January 2, 2018
Ian Bassin Executive Director The Protect Democracy Project FOIA.protectdemocracy@gmail.com
Re: FOIA No. FYl7-135; Protect Democracy Project v. DOJ, No. 1:l7-cv-815 (D.D.C.)
Dear Mr. Bassin:
This letter partially responds to your February 15, 2017 Freedom of Information Act ("FOIA") request in which you sought five categories of "records created between January 20, 2017 and the present" regarding Executive Order 13769. As you know, the request is also the subject of the above-captioned litigation.
Since the last partial response, we have processed 376 pages ofresponsive records. We have enclosed 51 pages of responsive records, with material redacted as exempt from disclosure pursuant to FOIA Exemption Five, 5 U.S.C. § 552(b)(5), and pursuant to FOIA Exemption Six, 5 U.S.C. § 552(b)(6). For your information, Exemption Five exempts material protected by the attorney-client, deliberative process, and presidential communications privileges, as well as the attorney work product doctrine and other privileges. Exemption Six exempts material the disclosure of which would constitute a clearly unwarranted invasion of personal privacy. We have withheld the remaining 325 pages in full pursuant to Exemption Five, and in part pursuant to Exemption Six. We are continuing to process responsive records.
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. § 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.
You may contact Matthew Berns of the Civil Division, Federal Programs Branch, at 202-616-8016, for any further assistance and to discuss any aspect of your requests. 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 requests are 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 of Information 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."
Paul P. Colborn Special Counsel Enclosures cc: Matthew Berns, Trial Attorney Civil Division, Federal Programs Branch
2

Hart, Rosemary (OLC)

From: Sent: To: Subject:

Hart, Rosemary (OLC) Saturday, January 21, 2017 9:45 AM
(b) (6) FW: Current list

Here is the list we are working from now. We have not received
send to Qlml as it is modeled after•O>Ja or
tm1D

will get it soon and will getting that today and will send to

Document ID: 0.7.12561.53813

Document ID: 0.7.12561.53813

Stewart, Scott (OLC)

From: Sent: To: Subject: Attachments:

Stewart, Scott (OLC) Sunday, January 22, 2017 6:03 PM Gannon, Curtis E. (Ole) FW: Executive Orders
(b) (5)
[UJltiJ]- FINAL.docx;
E W W-REVJSED.docx

The six latest versions of the immigration EOs.

Document ID: 0.7.12561.20370

Stewart, Scott (OLC)

From: Sent: To: Subject: Attachments:

Stewart, Scott (OLC)
Sunday, January 22, 2017 6:18 PM Hart, Rosemary (Ole}
FW: Executive Orders

(b) (5)
- ONE LAST ADDITION.docx; (b) (5)
(b) (5)

Document ID: 0.7.12561 .42858

-m·a_ _(o_tc_1_________________

From: Sent: To: Subject:

(b) (6)

(Ole)

Monday, January 23, 2017 5:19 PM

Hart, Rosemary (OLC}

RE: F& ls

The re are so many! I'm checking now to make sure I' ve comple t e d all mine .

From:-GJ8

Sent: Monday, January 23, 2017 5 :18 PM

To:

OLC}<

<

Subject: RE: F&ls

(b)(6)

•; Hart, Rosemary (Ol e}

Thank you l Sorry to have missed it earlier.

From:

(b) (6)

Ole)

Sent: Monday, January 23, 2017 5:15 PM

To: Hart, Rosemary (OLC} <

Cc:lllllmmJIII<.

Subject: FW: F&ls

Fr o m :

(b) (6)

(Ole)

Sent: Wednesday, Janua ry 18, 20171:29 PM

To: MIQmJI <

(b ) ( 6 )

•

Cc: Hart, Rosemary {Ole) <

(b) (6)

•

Subje-et: F&ls

I think, but am not sure, that t his is a ll my remaining F&ls except the one on

llllllf:>mlllll for wh ich I' m still waiting resolution of

(b) (5)

le t me know.

(b) (5) If I' m missing any, ple ase

Document ID: 0.7.12561.53715

Hart, Rosemary (OLC)

From: Sent: To: Cc: Subject:

Hart, Rosemary (OLC}

Monday, January 23, 2017 6:53 PM

(b) (6)

(Ole}

IIIIElalll
RE: Executive Orders on Immigration

Great. Thanks!

From:

(b) (6)

(Ole)

Sent: Monday, January 23, 2017 6:49 PM

To: Hart, Rosemary (Ole) <1

(b) (6)

Cc: ~

<

(b)(6)

~

Subject: RE: Executive Orders on Immigration

One small nit on this one as well. We made this change before. I don't know if they missed it or objected to it.

From: Hart, Rosemary {Ole)

S e ~l76:42 PM

To: ~

OLC}

(b) (6)

,

Subject: RE: Executive Orders on Immigration

Hey, that's great. If all of them are that clean, we'll be In good shape!
(b) (5)

from: I

(b) (6)

(OLC)

Sent: Monday, January 23, 2017 6:35 PM

To: Hart, Rosemary (OLC} <

(b) (6)

ec: •mJW•< (b) (6) ~

Subject: RE; Executive Orders on Immigration

Here is

(b) (5)

with one nit, and its corresponding F&L

From: Hart, Rosemary {Ole)

S e n ~ary 23, 2017 6:16 PM

To: ~

OLC)<

(b) (6)

<

;@@I-<

< I

(b) (6)

Cc:EXM <

(b) (6)

~

Subject: Executive Orders on Immigration

,
(b) (6)

(b)(6)
•

(OLC)

(b) (6)

{OLC}

Here are the immigration documents that are

(b) (5)

If you could review

them by tomorrow (or earlier if possible} that would be great! Please see if any additional edits or

Document ID: 0.7.12561.13026

comments need to be made; especially no e any new provisions. And check to see if your F&Ls need to be revised.
Thanks, Rosemary
Document ID: 0.7.12561.13026

Hart, Rosemary (OLC)

From: Sent: To: Subject: Attachments:

Hart, Rosemary (OLC}
·--Monday, January 23, 2017 11:27 PM
FW: Executive Orders on Immigration (b) (5)
REVISEDtl l ldocx

From: Hart, Rosemary {Ole)

Sent: Monday, January 23, 201710:25 PM

To: Gannon, Curtis E. (OLC) <

(b)(6)

"

Subje ct: FW: Executive Orders on Immigration

From: I

(b) (6)

(OLC)

Sent: Monday, January 23, 20177:31 PM To: Hart, Rosemary (OLC) ~

Subject: RE: Executive Orders on Immigration

(b) (5)

From: Hart, Rosemary (Ole) Sent: Monday, January 23, 2017 6:16 PM

Document ID: 0.7.12561.12814

Hart, Rosemary (OLC)

From: Sent: To: Subject:

Hart, Rosemary (OLC)
Tuesday, January 24, 2017 12:01 AM
MSiffiM
RE: wrapping things up here

Thanks!

From: rMU)Q-

Sent: Monday, January 23, 201711:37 PM

To: Hart, Rosemary IOLC) <

(b)(6)

•

Subject: RE: wrapping things up here

Very glad to hear that things are winding down for the evening. I'll check in with you in the morning re plans for the immigration orders.

Hope you get home safely and sleep well!

From: Hart, Rosemary {Ole) Sent: Monday, January 23, 201711:26 PM
To·MU>IPI< (b) (6)
Subject: wrapping things up here
We just got off the phone with WHCO and are w rapping things up. Should be out of here soon.
a s In the morning, we can assess where we are on immigration. Ithink EO is the only one with remaining
issues. I will send you the redline if you didn't get it already.
Thanks for all your help today and tonight. We should have a better day tomorrow .

Document ID: 0.7.12561.12805

Hart, Rosemary (OLC)

From: Sent: To: Cc: Subject:

Hart, Rosemary (OLC)

Tuesday, January 24, 2017 12:02 PM

(b) (6)

Ole)

(b) (6)

RE: Executive Orders on Immigration

We haven't sent any of them back yet

From :

(b) (6)

(OlC)

Sent: Tuesday, January 24, 201711:49 AM

To: Hart, Rosemary (OlC) <~

ec:mmmJ•

>

Subject: RE: Executive Orders on Immigration

This makes qne other change thatO:>m,oticed; I don't know whether you've already sent these back.

From:

(b) (6)

OLC)

Sent: Monday, January 23, 2017 6:35 PM

Document ID: 0.7.12561.12760

Stewart, Scott {OLC}

From: Sent: To:

Stewart, Scott (OLC) Tuesday, January 24, 2017 12:08 PM Hart, Rosemary (Ole}

I am thinking that I should alert Policy that we are redlining the immigration EOs. Does that make sense, or should I just ask them the status on their side?

Document ID: 0.7.12561 .45014

Stewart, Scott (OLC)

From: Sent: To: Subject:

Stewart, Scott (OLC) Tuesday, January 24, 2017 12:33 PM Hart, Rosemary (OLC} RE: Thursday and Friday

Thanks very much, Rosemary. I' m working to get some clarity on t he rest of the week. Will let you know.

From: Hart, Rosemary {Ole}

Sent: Tuesday, January 24, 201712:23 PM

To: Stewart, Scott {OLC) <

(b) (6)

,

Subject: Thursday and Friday

IIIJ Ste wart:

and I are focusing on immigration today, of course. I think we have issues with only two -

(b)(5)

But, lookingahead to Thursday fo r a minute, we were thinking we might have to do (b) (5)

IG>ml Do we have a decision on which WJI&J]version is going forward?

Do we have a amJSII

EO, yet? For@QfldM we did get that version over the weekend, but we all thought that review might

be premature because it hadn't gone through much in the·way of clearances at the WH yet. Can we get some

insight on where that one stands? We don't want to be caught flat-footed on this tomorrow.

And I am reviewing draft redlines of some others-but do you know yet if there has been any winnowing of the list below? It will be difficult to process all of the potentials on the list below, so if you had any guidance on current thinking on the Friday roll-out, that would be great.
Thanks, Rosemary

From: .Stewart, Scott {OLC)

Sent: Monday, January 23, 201710:57 AM

To: Hart, Rosemary (OLC) <

(b)(6)

•

Cc: Stewart, Scott {OLC) <

(b) (6)

•

Subject: Friday list

Rosemary- below are the items potentially for Friday. I've noted the ones I have or think I should have. I'd be grateful if you could send the others to me {sorry fo r the volume). I've added notes about what I think is the latest, in the hopes that that is helpful.
_.a,e________________

Document ID: 0.7.12561.42094

(b) (5)
(b) (5)
Document ID: 0.7.12561.42094

-@•Ql-_0_1c.1____________________

From: Sent : To: Subje ct: Att achments:

(b) (6)

(OLC)

Tuesday, January 24, 2017 12:56 PM

Hart, Rosemary (O LC); llllltlma

(b) (5)

I've added a couple of edits to the EO, hoping Rosemary still hasn't sent these over. I've also attached the corresponding F&L, with open issues highlighted.

Document ID: 0.7.12561.12732

Hart, Rosemary (OLC)

From: Sent: To: Subject:

Hart, Rosemary (OLC)

Tuesday, January 24, 2017 1:16 PM

(b) (6)

(Ole); •w-1•1•r.m:o&'lw-

RE:

(b) (5)

1am not sending anything over until later this afte rnoon, when we are suppose d to get some guidance from WH policy t e am on the whole immigration batch.

from:

(b) (6)

OLC}

Sent: Tuesday, January 24, 201712:56 PM

duplicate

Document ID: 0.7.12561.12705

Stewart, Scott {OLC}

From: Sent: To: Cc: Subject: Attachments:

Stewart, Scott (OLC) Tuesday, January 24, 2017 2:02 PM Hart, Rosemary (Ole} Gannon; Curtis E. {OLC) FW: 2pm versions of immigration EOs

noon).docx; WJ1m1.24.17

(b)(S)

(b) (5)
docx; FINAl(1.24.17
docx; (b) (5)

Rosemary {CC to Curtis to get him the latest docs) - attached are the current versions of the

~

entioned earlier~

(b) (5)

~ Changes may come from those, so I think the move for now is for the AAs to see

how these look without yet diving into redline preparation. But please let me know if you think that

there is a better way to proceed.

(b) (5)

Document ID: 0.7.12561.19882

Hart, Rosemary (OLC)

From: Sent: To: Subject:

Hart, Rosemary (Ole) Tuesday, January 24, 2017 2:19 PM Gannon, Curtis E. (Ole); Stewart, Scott (Ole) RE: 2pm versions of immigration EOs

thanks

- Original Message- -

From: Gannon, Curtis E. (OLC}

Sent: Tuesday, January 24, 2017 2:17 PM

To: Hart, Rosemary (Ole) <

(b) (6)

.,; Stewart, Scott (Ole}<

(b) (6)

.

Subject: RE: 2pm versions of immigration EOs

Sounds good to me.

-Original Message--

From: Hart, Rosemary (Ole)

Sent: Tuesday, January 24, 2017 2:16 PM

To: Stewart, Scott (Ole)<

(b) (6)

·

Cc: Gannon, Curtis E. (OLC} <

(b) (6)

Subject: RE: 2pm versions of immigration EOs

Curtis: I would like to share the new drafts and the cover memos with the pertinent AAs as soon as I can, cautioning them that things might change later today. Rosemary

-Original Message--From: Stewart, Scott (OLC) Sent: Tuesday, January 24, 2017 2:02 PM

Document ID: 0.7.12561.19509

Document ID: 0.7.12561.19509

Hart, Rosemary (OLC)

From: Sent: To: Cc: Subject: At t a chments:

Hart, Rosemary (OLC)

Tuesday, January 24, 2017 2:23 PM

(b) (6)

(Ole}

(b) (6)

FW: 2pm versions of immigration EOs

(b) (5)

(1.24.17 noon).docx; (b) (5)

(b) (5)

ocx; FINAL-

(b)(5)

(b) (5)

(1.24.17 noon).docx

• Here are yours. They may change

(b) (5)

For

please just check to see if you see any changes from the one we saw earlier this week.

I am still working on your redline.

Note cover memos for drafters' intent.

Rosemary

(b) (5)

Document ID: 0.7.12561.54159

Hart, Rosemary (OLC)

From: Sent: To: Cc: Subject:

Hart, Rosemary (OLC)

Tuesday, January 24, 2017 2:43 PM

(b) (6)

(OLC}

lllllll:mJIIII

RE: 2pm versions of immigration EOs

Correct. Though if you see something, say something. :-}

- Original Message--

From:

OLC)

Sent: Tuesday, January 24, 2017 2:42 PM

To: Hart, Rosema OLC <
Cc: mmlmJI<

Subject: RE: 2pm versions of immigration EOs

I'm assuming

(b) (5)

--Original Message- From: Hart, Rosemary {OLC) Sent: Tuesday, January 24, 2017 2:23 PM

but if that's wrong, let me know!

Document ID: 0.7.12561.54209

Hart, Rosemary (OLC)

From: Sent: To: Subject:

Hart, Rosemary (OLC)

Tuesday, January 24, 2017 2:43 PM

(b) (6)

(Ole}

RE: 2pm versions of immigration EOs

OK!
- Original Message- -
(b) (6)

(b) (6)

,

Whoops-it's actually in (b) (5) , so I'll make it on the most recent version you just sent.

-Original Message-

From:

(OLC)

Sent: Tuesday, January 24, 2017 2:33 PM

To: Hart, Rosemary (OLC) <

(b) (6)

•

Cc· MmiQM~

Subject: RE: 2pm versions of immigration EOs

Rosemary--
aelJhas suggested another edit on the NijJIE>JIAssuming that's the redline you're working on, do
you want me to send it now or later? I didn't want to create version control problems.

--Original Message--From: Hart, Rosemary (OLC) Sent: Tue sda Janua 24 2017 2:23 PM

Document ID: 0.7.12561.24159

From: Sent: To: Subject: Attachments:

(b) (6) Tuesday, January 24, 2017 3:54 PM Hart, Rosemary (Ol e) form and legality memos for tonight 2017-01-19 Fl Memo -

Rosemary: Here' s what we have for tonight (minus Ills
•mJBJlland mvEJBanemo}.

(b) (5)

(b) (5)

Document ID: 0.7.12561.53667

. .m•a•~(OL-C~)_______________

From: Sent: To: Cc: Subject:

(b) (6)

{Ole)

Tuesday, January 24, 2017 5:04 PM

Hart, Rosemary (Ole} (b) (6)

RE: 2pm versions of immigration EOs

I should add that

(b) (5)

- Or ~

From: ~

(OLC)

Sent: Tuesday, January 24, 2017 3:52 PM

To:Hart, Rosemary(OLC)<

(b) (6)

Cc: -

<

(b) (6)

Subject: RE: 2pm versions of immigration EOs

On lO>J&JI. this adds in the one change I suggested last night (which we have suggested on

previous occasions).

On (b) (5)

I've added the nits we made last night and the editWl&uggested. It's intended

{I thinkW)IUJ]andWlmJhad some concerns about that.) The

edits made by the NSC looked fine to me.

On

I've added and beefed up the comments as we discussed (and elsewhere}.

I've highlighted the new/revised comments.

- Original Message-From: Hart, Rosemary (OLC)

Document ID: 0.7.12561.12148

Hart, Rosemary (OLC)

From: Sent: To:
Subject:

Hart, Rosemary (OLC)
wm•w• m Wednesday, January 25, 2017 1:03 PM (OLC}; 11111mm1111 (Ole);
10)$){OtC)
Friday signings...

Hi all. We've got the list of docume nts tentatively s,eheduled for signature on Friday:

1. 2. 3. 4.

-(b) (5)

5.

6.

As a result, we are awaiting revised versions and so t his is a heads up for now that we will need to review any changes and settle on fina l language.
We will need to issue F&Ls for the E0s, so those may need to be updated depending on changes made. We w ill try to have paperwo rk signed as ea rly on Thursday as we can.
Let me know if you have any questions.
Rosemary

Document ID: 0.7.12561.53709

Stewart, Scott (OLC)

From: Sent: To: Subject:

Stewart, Scott (OLC)

Wednesday, January 25, 2017 2:34 PM

Hart, Rosemary (OLC}

RE:

(b) (5)

Sounds good l I'll hold on it.

From: Hart, Rosemary {Ole)

Sent: Wednesday, January 25, 2017 2:34 PM

To: Stewart, Scott (OLC) <

(b) (6)

•

Subject: FW:

(b) (5)

This is the latest redline, but I met with. a go over her comments yesterday and she was going to redraft.
Please don't se nd this out until I check with her 011 an updated version. She got sidetracked yesterday focusing on (b) (5)

•

(b) (6)

(Ole}

.

- , .. ., .

'I

••

duplicate

Document ID: 0.7.12561.41234

Stewart, Scott (OLC}

From: Sent: To: Subject:

Stewart, Scott (OLC)

Wednesday, January 25, 2017 2:56 PM

Hart, Rosemary (Ole}

RE:

(b) (5)

Thank you, Rosemary. Looks good. I' ll pass it back to try to push things along.

- Original Message- -

From: Hart, Rosemary (OLC)

Sent: Wednesday, January 25, 2017 2:52 PM

To: Stewart, Scott (Ole}<

(b) (6)

>

Subje ct:

(b) (5)

Scott: Here is the updated version of

(b) (5)

with the others and I focused on the ones signed today.

RH

D ad sent it yesterday, but it was sent

- Original Message--

From:

(OLC}

Sent: Wednesday, January 25, 2017 2:50 PM

To: Hart, Rosemary (OLC} <·

(b)(6)

•

Subject: FW: 2pm versions of immigration EOs

Here it is. It was just tied up with t he other ones.

-Original Message--

From:

OLC}

Sent: Tuesday, January 24, 2017 3:52 PM

Document ID: 0.7.12561.41227

Document ID: 0.7.12561.41227

Stewart, Scott (OLC)

From: Sent: To: Subje ct:

Stewart, Scott (OLC)

Wednesday, January 25, 2017 2:58 PM

Hart, Rosemary (OLC} RE: FINAL(1.24.17 noon}+OLC (1 25 2017)

(b) (5)

Perfect- thanks!
From: Hart, Rosemary (OLC) Sent: Wednesday, January 25, 2017 2:57 PM To: Stewart, Scott (OLC Subject: FINAL-2017)
Send this one. Took care of a nit and attributed comments to OLC.

1.24.17 noon)+OLC (125

Document ID: 0.7.12561.41218

Stewart, Scott (OLC)

From: Sent: To: Cc: Subject:

Stewart, Scott (OLC) Wednesday, January 25, 2017 5:39 PM Gannon, Curtis E. (Ole) Hart, Rosemary {OLC}; Stewart, Scott (OLC} Lastest EO/PM forecast

Curtis - John Bash let me know that this is the forecast for tomorrow and Friday {and at least part of early next week}:

Tomorrow:

(b)(S)

(b) (5)

a w "Early next weelc':
John said with Greg.

(b) (5)

(b) (5)
(b) (5) Perhaps you will have more detail when you speak

Document ID: 0.7.12561.17940

-----------------------

From:

IIIIIIDmlllll

Sent:

Wednesday, January 25, 2017 6:22 PM

To:

Hart, Rosemary (OLC}

Subject:

Re: Friday signings ... CHANGE IN PLANS!

(b) (6)

See you tomorrow :)

On Jan 25, 2017, at 6:19 PM, Hart, Rosemary (OLC) <~

(b) (6)

wrote:

From: amJm•
Sent: Wednesday, January 25, 2017 6:19 PM
To: Hart, Rosemary (OlC) ~
Subject: RE: Friday signings... CHANGE IN PLANS!
Ok, great! Hope you have a good evening!

From: Hart, Rosemary (OLC}

Sent: Wednesday, January 25, 2017 6:18 PM

To:N-->J@•

(b) (6)

.

Subject: RE: Friday signings... CHANGE IN PLANS !

Yes, I spoke with him already.

Thanks for checking!

From: MG>IGIJI

Sent: Wednesday, January 25, 2017 6:16 PM

To: Hart, Rosemary (Ole) c

(b)(6)

"

Subject: FW: Friday .signings... CHANGE IN PLANS!

Thanks, Rosemary. Could we update lmIGtlthat

(b) (5)

probably isn't

going? {I noticed that he wasn't on your follow up email, but maybe you already talked to him.)

(b) (6)

{Ole) <

(b) (6)

<

(b) (6)

•

(b) (6)

Subject: RE: Friday signings•.. CHANGE IN PLANS!

OLC) •

Document ID: 0.7.12561.54072

## 1-4 are with WHCO, which is reviewing our redlines (Nate's partial deadline). We are still reviewing El&DI. I've asked that we get the passbacks as early in the day as possible so we can review them and work to fi nalize during the day. I don't anticipate anyone has to work on anything tonight.
Scott is double-checking on that because if that's not the case, that would be a huge load for us and a significant s hift in the plans we just heard about. I am sorry about the constantly changing plans. This is not unus ual early on in an Administration1 but I know it can be frustrating. We'll power through! Thanks for everything, Rosemary
From: Hart, Rosemary (OLC}
Sent: Wednesday, January 25, 20171:03 PM
Document ID: 0.7.12561.54072

Document ID: 0.7.12561.54072

-w·w_ _(ot_c_1_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __

From: Sent : To: Subje ct:

(b) (6)

(Ole)

Wednesday, January 25, 2017 6:53 PM

Hart, Rosemary (Ole}

Re: Friday signings ... CHANGE IN PLANS!

If there are no EOs tomorrow, I hope you can leave before midnight!
(b) (6) Attorney-Adviser Office of Legal Counsel
(b) (6)

On Jan 25, 2017, at 5:53 PM, Hart, Rosemary (Ole) <

(b)(6)

· wrote:

Document ID: 0.7.12561.23551

Document ID: 0.7.12561.23551

Hart, Rosemary (OLC)

From: Sent: To: Subject:

Hart, Rosemary (OLC)

Wednesday, January 25, 2017 11:14 PM

Stewart, Scott (Ole}

Re:

(b) (5)

EO (25 Jan 929pm)

Great.tlDIJ::11;,d I will review asap tomorrow.
> On Jan 25, 2017, at 11:04 PM, Stewart, Scott (OLC) < > > Their passback on the Friday immigration EO.
>

(b) (6)

• wrote:

Document ID: 0.7.12561 .40989

_.,.w_ _(ot_c_1_________________

From: Sent : To: Subje ct:

(b) (6)

(Ole)

Wednesday, January 25, 201711:25 PM

Hart, Rosemary (Ole}

Re:

EO (25 Jan 929pm)

Sounds good.

(b) (6)

Attorney-Adviser

Office of Legal Counsel
(b) (6)

<-

On Jan 25, 2017, at 11:14 PM, Hart, Rosemary {OLC)

Let's talk in the morning.

wrote:

Begin forwarded message:

From: "Stewart, Scott (Ole)" <

(b)(6)

,

Document ID: 0.7.12561.23542

duplicate
Document ID: 0.7.12561.23542

-w·w--_o_tc.1______________________

From: Sent: To: Subject:

(b) (6)

Ole)

Thursday, January 26, 2017 8:54 AM

Hart, Rosemary (Ole}

RE:

(b) (5)

EO (25 Jan 929pm)

That works. By then I should be able to send you a few minor changes to the draft.

From: Hart, Rosemary {Ole)

Sent: Thu rsday, January 26, 2017 8:53 AM

To:

(Ole}

Subject: RE: (b) (5) EO (25 Jan 929pm)

I am going-down to the SCIF to read a document and should be back in a bit.

9:30 for a call?

From:

(b) (6)

(OLC)

Sent: Thursday, January 26, 2017 8:33 AM To: Hart, Rosemary (OLC) ~

Subject: RE:

(b) (5)

O (25 Jan 929pm)

let me know when a good time to call you would be.

From: Hart, Rosemary {Ole) Sent: Wednesday, January 25, 201711:15 PM

Document ID: 0.7.12561.23522

Document ID: 0.7.12561.23522

(b) (6)

OLC)

From: Sent : To: Subject:

(b) (6)

(Ole)

Thursday, January 26, 2017 9:25 AM

Hart, Rosemary (Ole}
RE: (b) (5) EO (25 Jan 929pm)

That makes sense.

From: Hart, Rosemary {OLC)

Sent: Thursday, January 26, 2017 9:24 AM

To:

-

Subject: RE:

•

Ol e) '"

(b) (6)

EO (25 Jan 92.9pm)

I just finished reviewing the draft. It might make sense for meto review your redline and add my edits on
top. I think I can do that in 10 minutes, and then we can talk?

From:

(b)(6)

(OLC)

Sent Thursday, January 26, 2017 9:14AM

To: Hart, Rosemary (OLC) <

Subject: RE:

Here are my comments on everything butllltl

From: Hart, Rosemary {Ole} Sent: Thursday, January 26, 2017 8:53 AM

Document ID: 0.7.12561.23519

Document ID: 0.7.12561.23519

~@1m--.o.tc.1_______________________

From: Sent: To: Subject:

(b) (6)

(Ole)

Thursday, January 26, 2017 10:32 AM

(b) (6)

OLC}

RE: EO

I'm a doofus-losing track of too many similar provisions. Never mind, and thank you!

From:

(b)(6)

Ole)

Sent: Thu rsday, January 26, 201710:31 AM

To:

(Ole}<

(b ) ( 6 )

•

Subj ect: RE: EO

(b) (5)

From:

(b) (6)

(Ole}

Sent: Thursday, January 26, 201710:28 AM

To:

(OlC) <

(b) (6)

·

Subject: RE: EO

I have long since lost track of your original comments- sorry! (b) (5)

From: I (b)(6)

Ole)

Sent: Thu rsday, January 26, 201710:25 AM

To: I

Ole}<

(b) (6)

•

Subject: RE: EO

lmJBI It is

Did Icite it wrong in my comment? Sorry if I did.

From:

(b) (6)

(OLC)

S e n ~ry 26, 201710:21AM

To: IIIIIIIWIUlllll(OLC) <:

(b) (6)

•

Subject: RE: EO

Orisitl&@;

From:

(b)(6)

Ole}

Sent: Thursday, January 26, 201710:19 AM

To:

(Ole)<

(b) (6)

·

Subject: EO

(b) (5)

You looked at this section, Ithink. Is this the right reference?

(b) (5)

Document ID: 0.7.12561.22294

(b) (5)
Document ID: 0.7.12561.22294

Hart, Rosemary (OLC)

From: Sent: To: Subject:

Hart, Rosemary (OLC} Thursday, January 26, 2017 10:35 AM Stewart, Scott (OLC} RE:Today

HI Scott.

a nd I have been emailing back and forth this morning on the final redline (mostly technical) within the hour.

(b)(S)

EO. We should have a

Iam reviewing- s with both ofthose.

(b) (5)

passback, and .also Ills initial redline. Should be done by noon

On the others, we are a bit in a holding pattern, as we need drafts from WHCO.

From: Stewart, Scott (Ole} Sent: Thursday, January 26, 201710:30 AM To: Hart, Rosemary{OlC) ~ Subject: Today
Good morning, Rosemary! Just wanted to see how the EOs for tomorrow are looking. (I've heard nothing further from WHCO this morning.}

Document ID: 0.7.12561.40978

- m 1 m - -..{0_1_c1_____________________

From: Sent: To: Subject: Attachments:

(b) (6)

(OLC)

Thursday, January 26, 201 7 11:20 AM

Hart, Rosemary (O l e)

Re:

(b) (5) EO (25 Jan 929pm)-fli+ rh

rn. (b) (5) EO (25 Jan 929pm)+lil + ..Uocx.docx

Here it is. I've removed the internal comments and removed highlighting except where I've edited stuff since/while we talked.

From: Hart, Rosemary {OLC)

Sent: Thursday, January 26, 201710:46 AM

To:

(OLC) <

(b) (6)

·

Subject: RE: ...__,.,,... EO (25 Jan 929pm)- + rh

DDIG)] let's t alk now.

From:

(b) (6)

(Ole)

Sent: Thursday, January 26, 201710:39 AM

To: Hart, Rosemary (OLC) <

Subject: RE:

Also, do you think we need to

(b) (5)

From:

(b) (6)

{OLC)

Sent: Thursday, January 26, 201710:34 AM

To: Hart, Rosemary (OLC) <!

• •

Subject: RE:

EO (25 Jan 929pm)+m + rh

Let me know whenever you want to talk.

From :

(b) (6)

(OLC}

Sent: Thursday, January 26, 201710:33 AM

OLC <1

Here you go.

From: Hart, Rosemary (OLC)

Sent: Thursday, January 26, 201710:00 AM

To: I

(OLC} <

(b) (6)

Subj ect: RE: .

0 {25 Jan 929pm)+a + rh

Sure. That makes sense.

Document ID: 0.7.12561.23515

From:

(b) (6)

{Ole)

Sent: Thursday, January 26, 2017 9:59 AM

To: Hart, Rosemary (OLC) <

(b) (6)

•

Subject: RE:

(b)(5)

EO {25Jan 929pm)i!Dm + rh

I'm working through your comments and questions. Should I shoot it back to you before I call?

From: Hart, Rosemary (OLC)

Sent: Thu rsday, January 26, 2017 9:58 AM

To:

Ole}<

(b) (6)

>

Subject: RE:· (b) (5) EO (25 Jan 929pm)+III+- rh

Jeff is covering the 10 a.m. meeting, so I am available t o talk wheneve r you are. I am here ataG>JWW

From:

(b) (6)

(OLC)

Sent: Thu rsday, January 26, 2017 9:44 AM

To: Hart, Rosemary (Ole)

Subject: RE:

Sounds good. Will look at it right now.

From: Hart, Rosemary {Ole)

Sent: Thu rsday, January 26, 2017 9:44 AM

To:

(OLC} <

Subject: · (b) (5) EO (25 Jan 929pm)+

I generally agreed with your edits, except where noted, and have added some edits and questions of my own. Please review.

Jeff and I have a 10 a.m. meeting with an intradepartmental group. I will see if he can cover- I am already pressed for time this morning. I' ll circle ba ck with you when I know my schedule over the ne xt hour.

Document ID: 0.7.12561.23515

. .V,Il9_ _o_Lc.)_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __

From:
Sent:
To:
Subject: Attachments:

(b) (6)

(Ole)

Thursday, January 26, 2017 12:08 PM

Hart, Rosemary (Ole}

RE: (b)(5) EO (25 Jan 929pm)~

rh

(b) (5)

0 (25 Jan 929pml+ I I + rh.+l l locx.docx

Here you go!

From: Hart, Rosemary {OLC)

Sent: Thursday, January 26, 201712:06 PM

To: -

(Ole} <

(b) (6)

·

Sub~

EO (25 Jan 929pm)i l l t rh

Thanks. Would you mind

(b) (5)

and sending to me? It would save me a few minut es!

From:

(b) (6)

(OLC)

Sent: Thursday, January 26, 201711:50 AM

To: Hart, Rosemary (Ol e) ,

(b) (6)

.

Subject: RE:

EO {25 Jan 929pm)- + rh

(b) (5)

(b) (5)

Document ID: 0.7.12561.23271

I'm sorry for the fuss! From: Hart, Rosemary (OLC} Sent: Thursday, January 26, 201710:46 AM
Document ID: 0.7.12561.23271

Document ID: 0.7.12561.23271

Hart, Rosemary (OLC)

From: Sent: To: Cc: Subject: Attachments:

Hart, Rosemary (OLC}

Thursday, January 26, 2017 12:33 PM

Gannon, Curtis E. (Ole); Stewart, Scott (Ole)

(b)(6)

(OLC)

(b) (5) EO {25 Jan 929pm)+ OLC {1 26 2017}

(b) (5)

EO (25 Jan 929pm)+ OLC {1 26 2017).docx

Curtis and Scott: Here is our redline of the latest passback on this EO, which is slated for issuance tomorrow. Please let us know if you have additions, changes, or questions for us.
Thanks, Rosemary

Document ID: 0.7.12561.17224

-l•@-ai_(o_t_c1______________________

From: Sent: To: Subject: At t a ch m e n t s:

(b) (6)

(Ole)

Thursday, January 26, 2017 1:14 PM
Hart, Rosemary (Ole); •mJGJIII

RE:

(b) (5) EO (25 Jan 929pm}+ OLC {1 26 2017)

EO Form a nd legality -

(b) (5)

docx

Here's the F&l

From: Hart, Rosemary {Ole) Sent: Thursday, January 26, 201712:33 PM

Document ID: 0.7.12561 .55062

 
 U.S. Department of Justice
Office of Legal Counsel
Washington, D. C. 20530
January 31, 2018
Ian Bassin Executive Director The Protect Democracy Project FOIA.protectdemocracy@gmail.com
Re: FOIA No. FYl 7-135; Protect Democracy Project v. DOJ, No. 1:l7-cv-815 (D.D.C.)
Dear Mr. Bassin:
This letter partially responds to your February 15, 2017 Freedom oflnformation Act ("FOIA") request in which you sought five categories of "records created between January 20, 2017 and the present" regarding Executive Order 13769. As you know, the request is also the subject of the above-captioned litigation.
Since the last partial response, we have processed 492 pages ofresponsive records. We have enclosed 93 pages of responsive records, with material redacted as exempt from disclosure pursuant to FOIA Exemption Five, 5 U.S.C. § 552(b)(5), and pursuant to FOIA Exemption Six, 5 U.S.C. § 552(b)(6). For your information, Exemption Five exempts material protected by the attorney-client, deliberative process, and presidential communications privileges, as well as the attorney work product doctrine and other privileges. Exemption Six exempts material the disclosure of which would constitute a clearly unwarranted invasion of personal privacy. We have withheld the remaining 399 pages in full pursuant to Exemption Five, and in part pursuant to Exemption Six. We have determined that none of the withheld material is appropriate for discretionary release. We are continuing to process responsive records.
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. § 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.
You may contact Matthew Berns of the Civil Division, Federal Programs Branch, at 202-616-8016, for any further assistance and to discuss any aspect of your requests. 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 requests are 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,
/4//.~
Paul P. Colborn Special Counsel Enclosures cc: Matthew Berns, Trial Attorney Civil Division, Federal Programs Branch
2

___,----------------------------------

From:

MUWM1

Sent:

Thursday, January 26, 2017 1:41 PM

To:

Hart, Rosemary (OLC}

Subject:

RE: Update on today and some observations

Thank youl

From: Hart, Rosemary {Ole)

Sent: Thursday, January 26, 20171:39 PM

To: • t ; J I -1

>

Subject: FW: Update on today and some observations

This is what Igot from Scott about an hour ago.

Fro m: Stewart, Scott (Ole)

Sent: Thursday, January 26, 201712:14 PM

To: Gannon, Curtis E. (Ole) •

(b) (6)

Cc: Stewart, Scott (OLC) •

(b) (6)

Subject: Update on today and some observations

John just called to say that

Hart, Rosemary {Ole) , (b) (5)

(b) (6)

(b) (5)

I have three observations, some of which may call for action today.

(b) (5)

Document ID: 0.7.12561 .11752

(b) (5)

(b) (5)
Document ID: 0.7.12561 .11752

Stewart, Scott (OLC)

From: Sent: To: Subject: Attachments:

Stewart, Scott (OLC} Thursday, January 26, 2017 2:26 PM Hart, Rosemary (OLC} FW: EO on (b) (5)
(b) (5) ; EO (25 Jan 929pm)+ OLC {1 26 2017).docx

-Just sent the immigration EO, so all five for tomorrow are

(b) (5)

Document ID: 0.7.12561.40754

Document ID: 0.7.12561.40754

Hart, Rosemary (OLC)

From: Sent: To: Subject:

Hart, Rosemary (OLC} Thursday, January 26, 2017 2:32 PM Stewart, Scott {Ole} Re: EO on (b) (5)

Great! Thanks.
> On Jan 26, 2017, at 2:25 PM, Stewart, Scott (OLC} '" >

(b) (6)

· wrote:

Document ID: 0.7.12561.40745

Document ID: 0.7.12561.40745

Stewart, Scott (OLC)

From: Sent: To: Subject: Attachments:

Stewart, Scott (OLC} Thursday, January 26, 2017 3:19 PM Hart, Rosemary (OLC} FW: (b) (5) ; EO (26 Jan 258pm) (WCHO + OLC)
(b) (5) ; EO (26 Jan 258pm) (WCHO + OLC).docx

- Original Message---

Document ID: 0.7.12561.40726

Hart, Rosemary (OLC)

From: Sent: To: Su bject: At t a c h m e nt s:

Hart, Rosemary {OLC)

Thursday, January 26, 2017 3 :20 PM

(b) (6)

(OLC)

FW: (b ) (5) ; EO (26 Jan 258pm) (WCHO + OLC}

(b ) (5)

EO (26 Jan 258pm) (WCHO + OLC}.docx

- Original Message--From: Stewart, Scott (OLC) Sent: Thursday, January 26, 2017 3 :19 PM

Document ID: 0.7.12561.23237

Hart, Rosemary (OLC)

From: Sent: To: Subject:

Hart, Rosemary (OLC}

Thursday, January 26, 2017 3:27 PM

Gannon, Curtis E. (OLC)

RE:

(b)(5)

: EO {26 Jan 258pm) (WCHO + OLC)

Got it.

--Original Message-- --

From: Gannon, Curtis E. {O LC)

Sent: Thursday, January 26, 2017 3:23 PM

To: Hart, Rosemary (OLC} •

(b) (6)

>

Subject: RE:

(b) (5)

, EO (26 Jan 258pm) (WCHO + OLC)

Rosemary, I walked off with the hard copy you printed of. ' s F&L paperwork. I don't need to you take it back, but just wanted you to know you needed to reprint it.

-Original Message----

From: Stewart, Scott (OLC)

Sent: Thursday, January 26, 2017 3:12 PM

To: Gannon, Curtis E. (O LC) •

(b)(6)

Hart, Rosemary (OLC} •

(b) (6)

>

Subject: FW:

(b) (5)

, EO (26 Jan 258pm) (WCHO + OLC)

See below. This is the first I've heard that

(b) (5)

,. I will need alert them IIIIIIDmlllli

-Original Message---

Document ID: 0.7.12561.17062

(b) (5)
Document ID: 0.7.12561 .17062

Hart, Rosemary (OLC)

From: Sent: To: Cc: Subject: Attachments:

Hart, Rosemary (OLC}

Thursday, January 26, 2017 3:54 PM

Gannon, Curtis E. (OLC); Stewart, Scott {O LC);
emxae

(b) (6)

EO Form and Legality- Protecting the Nation (003) (1 26 2017)

EO Form and Legality - Protecting the Nation (003) (1 26 2017).docx

(O LC)

I've

• (b)(5) , and also tweaked things here and there.

Would appreciate review and comments asap.

Document ID: 0.7.12561.53761

Hart, Rosemary (OLC)

From: Sent: To:
Subject:

Hart, Rosemary (OLC}

Thursday, January 26, 2017 4:00 PM

IIIIIGJlmllll Gannon, Curtis E. (O LC); Stewart, Scott (OLC);

-

(OLC)

(b) (6)

RE: EO Form and Legality - Protecting the Nation (003) (126 2017)

Got it. And Iswitched[ t i J I 6 J ] -

From :E m J I I

Sent: Thursday, January 26, 2017 3:59 PM

To: Hart, Rosemary (OLC)

Gannon, Curtis E. (OLC) •

Stewart, Scott (OLC)

(OLC) •

Subject: RE: EO Form and Legality -- Protecting the Nation (003) (126 2017)

(b) (6) (b)(6 )

Looks great. Two nits: --Add a second section symbol in
From: Hart, Rosemary {OLC) Sent: Thursday, January 26, 2017 3:54 PM

-

Document ID: 0.7.12561.11688

Gannon, Curtis E. (OLC)

From:
Sent: To: Subject:

Gannon, Curtis E. (OLC)

Thursday, January 26, 2017 4:01 PM

(b) (6)

(OLC): N!U@M1

RE: EO Form and Legality- Protecting the Nation (003) (1 26 2017)

Thank y ou both for the quick turnaround[

From:

(b) (6)

(OLC)

Sent: Thursday, January 26, 2017 4:01 PM

To:•U>JW•1•

(b) (6)

Hart, Rosemary (Ole) •

(b) (6)

(OLC)

Stewart, Scott (OLC) •

(b) (6)

Subject: RE: EO Form and Legality -- Protecting the Nation {003) (126 2017)

Gannon, Curtis E.

It otherwise looks good to me.

From:EWJl1

Sent: Thursday, January 26, 2017 4:00 PM

To: Hart, Rosemary (Ole) •

(b)(6)

Gannon, Curtis E. {OLC) •

Stewart, Scott (OLC) •

(b) (6)

>;

(b) (6)

(OLC) •

Subject: RE: EO Form and Legality-- Protecting the Nation (003) (126 2017)

(b) (6) (b)(6)

Hit send too soon. Here are my suggestions:
....Add a second section symbol inll;JEJ citation; and
In first sentence of the last substantive paragraph, add a comma after

(b) (5)

From:E l a
Sent: Thursday, January 26, 2017 3:59 PM

Document ID: 0.7.12561.11682

duplicate
Document ID: 0.7.12561 .11682

Stewart, Scott (OLC)

From: Sent: To: Subject:

Stewart, Scott (OLC}

Thursday, January 26, 2017 4:04 PM

Hart, Rosemary (OLC}; Gannon, Curtis E. (O LC)

RE:

(b) (5)

EO (26 Jan 258pm) (WCHO + OLC)

(b) (5)

- -Original Message--

From: Hart, Rosemary (OLC)

Sent: Thursday, January 26, 2017 3:48 PM

To: Stewart, Scott (OLC) <

(b ) (6 )

Gannon, Curtis E. (OLC)

'"

(b) (6)

Subject: RE: (b ) (5) , EO (26 Jan 258pm) (WCHO + OLC}

agree

- Original Message----

From: Stewart, Scott {OLC)

Sent: Thursday, January 26, 2017 3:46 PM

... To: Gannon, Curtis E. (OLC) <

Hart, Rosemary (Ole) •

Subject: FW:

(b) (5)

EO (26 Jan 258pm) (WCHO + OLC)

FYI.

(b ) (5)

(b ) (6 )

Document ID: 0.7.12561.16873

Document ID: 0.7.12561 .16873

Document ID: 0.7.12561 .16873

Document ID: 0.7.12561 .16873

Hart, Rosemary (OLC)

From: Sent: To: Cc: S u b j e ct: Attachments:

Hart, Rosemary (OLC}

Thursday, January 26, 2017 4:04 PM

(b) (6)

(OLC}; Gannon, Curtis E. (OLC}

MSIWJI:Stewart. Scott {Ole)

EO Form and Legality- Protecting the Nation (003) (1 26 2017)

EO Form and Legality - Protecting the Nation (003) (1 26 2017).docx

Withl l ll's and Scott's edits.

Document ID: 0.7.12561.11737

Gannon, Curtis E. (OLC)

From: Sent: To: Subject:

Gannon, Curtis E. (OLC) Thursday, January 26, 2017 4:05 PM Stewart, Scott {OLC) RE: (b)(5) : EO (26 Jan 258pm) (WCHO + OLC)

I have a couple of non-substantive nits. Could Bash call me at (b) (6)
--Original Message----From: Ste-wart, Scott {OLC) Sent: Thursda , Janua 26, 2017 4:04 PM

Document ID: 0.7.12561.16865

Document ID: 0.7.12561 .16865

Document ID: 0.7.12561 .16865

Document ID: 0.7.12561 .16865

Hart, Rosemary (OLC)

From: Sent: To: Subject:

Hart, Rosemary (OLC} Thursday, January 26, 2017 4:22 PM Gannon, Curtis E. (O LC) RE: EO Form and Legality- Protecting the Nation (003) (1 26 2017)

We use them. Iwill add to ru>IliJ). Let me know when you have your mark-up and I' ll come down to get it.

From: Gannon, Curtis E. {Ole)

Sent: Thu rsday, January 26, 2017 4:16 PM

To: Hart, Rosemary (Ole) •

(b) (6)

>

Subject: RE: EO Form and legality -- Protecting the Nation (003) (126 2017)

. .. . Do we use quotation marks around parenthetical acronym definitions? . -.

•

• .. .. • • I ' e., •

(b) (5)

.)

duplicate

Document ID: 0.7.12561.16862

Gannon, Curtis E. (OLC)

From: Sent: To: Subject:

Gannon, Curtis E. (OLC)

Thursday, January 26, 2017 4:24 PM

Stewart, Scott {OLC); Hart, Rosemary (OLC)

RE:

(b) (5)

EO (26 Jan 258pm) (WCHO + OLC)

He called me. I said we'd need a clean copy back.

--Original Message-----

From: Ste-wart, Scott {OLC)

Sent: Thursday, January 26, 2017 4:23 PM

To: Hart, Rosemary (OLC) •

(b ) (6 )

>; Gannon, Curtis E. {OLC)

Subject: RE:

(b) (5)

EO (26 Jan 258pm) (WCHO + OLC)

Curtis, I'm presuming Bash called you a bit ago re nits. Still no word on any further version or action from the WH.

-Original Message---From: Hart, Rosemary {OLC)

Document ID: 0.7.12561.16852

Document ID: 0.7.12561 .16852

Document ID: 0.7.12561 .16852

Document ID: 0.7.12561 .16852

Stewart, Scott (OLC)

From: Sent: To: Cc: Subject: Attachments:

Stewart, Scott (OLC)

Thursday, January 26, 2017 5:20 PM

Gannon, Curtis E. (OLC); Hart, Rosemary (OLC)

Stewart, Scott (OLC)

RE: Confirmation on next steps

Redline of

(b) (5)

(b) (5)

.DOCX; Redline of ·.docx

(b)(5 ) .DOCX; Redline of

Attached are the redlines of the three purportedly definite national-security memoranda for tomorrow. On quick look, the edits do not look extensive.

- -Original Message----

From: Stewart, Scott (OLC)

Sent: Thursday, January 26, 2017 5:06 PM

To: Gannon, Curtis E. {Ole)<

(b) (6)

Subject: FW: Confirmation on next steps

Hart, Rosemary {Ole) •

(b ) (6 )

>

Rosemary -- could you please also send me our lastill turn, and I'll create redlines for the three "definites," as John describes them.

- Original Message----

Document ID: 0.7.12561.16827

Document ID: 0.7.12561 .16827

Document ID: 0.7.12561 .16827

Hart, Rosemary (OLC)

From: Sent: To: Cc: Subject: Attachments:
Importance:

Hart, Rosemary (OLC}

Thursday, January 26, 2017 5:29 PM

(b)(6)

(0 LC}; llllli:Jmlllll(0 LC);

MIDWM

(b) (6)

i (OLC}

IMPORTANT: POTUS docs for Friday -- ANOTHER CHANGE IN PLANS

Redline of

(b) (5)

(b) (5)

.DOCX; Redline of (b) (5) .DOCX; Redline of '.docx

High

All Sony for the struis and stops over the past 2 days.

(b) (5)

They are all PMs ~so don't need F&L~ but we still need to do another read-through. Scott

has prepared these redlines~ which reflect

comments made since

we saw these last Saturday. On a quick look,

Please review as soon as you can.

I don't have any information on the (b) (5) tomorrow. That's on hold tight now.

EOs that we'd been told are on for

Thanks, Rosemary

Document ID: 0.7.12561.5787

Hart, Rosemary (OLC)

From: Sent: To: Subject:

....Hart, Rosemary (OLC}
Thursday, January 26, 2017 5:49 PM RE: Confirmation on next steps

Thanks!

- - Original Message-----
From: MG>lmJl1

Sent: Thursday, January 26, 2017 5:49 PM

To: Hart, Rosemary (OLC} •

(b) (6)

Subject: RE: Confirmation on next steps

Thanks very much, Rosemary. I' m headed for the train in about ten minutes but will remain available.

--Original Message----

From: Hart, Rosemary (OLC)

Sent: Thursday, January 26, 2017 5:46 PM

To: MmlmJl1•

(b) (6)

Subject: FW: Confirmation on next steps

FYI

-Original Message-----

From: Hart, Rosemary (Ole)

Sent: Thursday, January 26, 2017 5:45 PM

To: Stewart, Scott (OLC} <

(b) (6)

Cc: Gannon, Curtis E. (OLC) •

(b) (6)

Subject: RE: Confirmation on next steps

They already did the F&Ls for the

(b) (5)

EOs (pending changes by WH), so we are in good

shape for those.

•G>XQ• I'll let them know that the

ones are off the table for Friday as far as we know, but we'll let

them know asap if that changes.

- Original Message----

From: Stewart, Scott (OLC)

Sent: Thursday, January 26, 2017 5:41 PM

To: Hart, Rosemary (OLC) ,.

(b) (6)

Cc: Gannon, Curtis E. (OLC) •

(b) (6)

Subject: FW: Confirmation on next steps

John just called to confirm

(b) (5)

. I'm not sure whether to go with that. Rosemary,

(b) (5)

r ·~l~ 1-~ .J i:n~ 1-~ ~1-~r1- ~r~~~r:~~ c P. t

Document ID: 0.7.12561 .11645

WUU I U l l fltd"''=' !>t:lt!>t: 1ur , u , ,.:, U JI Utt:

(b) (5)

lt:l dlt:U cu:, lU !>ldll !.Ht:f.ldl ll ll:, rOlL

allDI&JI paperwork with the goal of finishing it by mid-morning tomorrow? (If anyone on

one has a

national-security one, we'd keep that person working on the national-security one, though.) You' re

closer to our resources than I am, and I invite your views on what is best. I know that it' s tricky because

we still don't have great information. But, as discussed at different times today, I don't want to act in a

way that will needlessly sap morale or the resources needed to handle t he priority EOs and to do the

job right. So maybe we can discuss.

- - Original Message----

- Original Message--

Document ID: 0.7.12561.11645

Document ID: 0.7.12561.11645

Document ID: 0.7.12561.11645

Hart, Rosemary (OLC)

From: Sent: To: Cc: Subject:

Hart, Rosemary (OLC} Thursday, January 26, 2017 5:55 PM Stewart, Scott {Ole} Gannon, Curtis E. (OLC) RE: (b ) (5) ; EO

OK.

(b) (5)

?

--Original Message----

From: Stewart, Scott (OLC)

Sent: Thursday, January 26, 2017 5:51 PM

To: Hart, Rosemary (OLC} <

(b) (6 )

Cc: Gannon, Curtis E. (O LC) •

(b) (6)

Subject: FW: (b) (5)

EO

--Original Message----

Document ID: 0.7.12561.16468

Gannon, Curtis E. (OLC)

From: Sent: To: Subject:

Gannon, Curtis E. (OLC)

Thursday, January 26, 2017 6:23 PM

Hart, Rosemary (Ole}; Stewart, Scott (OLC)

RE:

(b) (5) : EO

WHAT IF I SEND SOM ETHING LIKE THIS? COMMENTS? (b) (5)

(b) (5)

Document ID: 0.7.12561.16473

Hart, Rosemary (OLC)

From: Sent: To: Subject:

Hart, Rosemary (OLC}

Thursday, January 26, 2017 6:29 PM

Gannon, Curtis E. (O LC); Stewart, Scott {O LC)

RE:

(b) (5) : EO

Looks good. I have made some small suggestions.....

-----Original Message-----

From: Gannon, Curtis E. {Ole}

Sent: Thursday, January 26, 2017 6:23 PM

To: Hart, Rosemary (OLC} •

(b) (6)

Subject: RE: (b ) (5 ) . EO

Stewart, Scott (OLC} ,

WHAT IF I SEND SOMETHING LIKE THIS? COMMENTS?

(b) (5)

(b) (6)

(b) (5)

1111

Document ID: 0.7.12561.16463

I

duplicate

Document ID: 0.7.12561.16463

Hart, Rosemary (OLC)

From: Sent: To: Subject:

Hart, Rosemary (Ole} Thursday, January 26, 2017 6:38 PM Stewart, Scott (Ole); Gannon, Curtis E. {O LC}; Stewart, Scott (OLC} RE: (b) (5) : EO

I like it.

--Original Message----

From: Ste-wart, Scott {Ole)

Sent: Thursday, January 26, 2017 6:35 PM

To: Gannon, Curtis E. {O LC} <

(b) (6)

•

(b)(6 )

Stewart, Scott (Ole} '"

Subject: RE: (b) (5)

EO

Curtis, as discussed, a proposed first sentence:

Hart, Rosemary {OLC} (b) (6)
(b) (5)

- Original Message--

From: Gannon, Curtis E. (OLC) (mailto

Sent: Thursday, January 26, 2017 6:31 PM

To: Hart, Rosemary (Ole) ,.

(b) (6 )

Subject: RE: (b) (5)

EO

(b) (6 ) Stewart, Scott (Ole) •

(b)(6 )

This includes Rosemary's changes to paragraph 2, and corrects the second parenthetical in paragraph 1.

--Original Message----

From: Gannon, Curtis E. {OLC)

Sent: Thursday, January 26, 2017 6:22 PM

To: Hart, Rosemary (Ole} ,.

(b) (6 )

Subject: RE: (b) (5)

EO

Stewart, Scott (Ole) • (b) (5)

(b) (6)

(b) (5)

Document ID: 0.7.12561.16458

(b) (5) Document ID: 0.7.12561.16458

Hart, Rosemary (OLC)

From: Sent: To: Subject:

Hart, Rosemary (Ole}

Thursday, January 26, 2017 8:07 PM

Stewart, Scott (Ole); Gannon, Curtis E. {O LC)

RE: (b) (5)

EO

(b) (5)

-

- Original Message----

From: Stewart, Scott (Ole)

Sent: Thursday, January 26, 2017 7:52 PM

To: Hart, Rosemary (Ole) "'

(b) (6)

Subject: RE: (b) (5)

EO

Gannon, Curtis E. (OLC)

Rosemary's points sound right to me. One further observation:

(b) (6) (b) (5)

- Original Message--

From: Hart, Rosemary (OLC)

Sent: Thursday, January 26, 2017 7:43 PM

To: Gannon, Curtis E. {O LC) •

(b) (6)

"'

(b) (6 )

Subject: FW: (b) (5)

EO

(b) (5)

Stewart, Scott (O LC)

Document ID: 0.7.12561.16446

Document ID: 0.7.12561.16446

duplicate
Document ID: 0.7.12561.16446

Gannon, Curtis E. (OLC)

From: Sent: To: Subject:

Gannon, Curtis E. (OLC) Thursday, January 26, 2017 8:22 PM Hart, Rosemary (Ole}; Stewart, Scott (OLC) RE: (b) (5) : EO

So, how about this as a response?

(b) (5)

Document ID: 0.7.12561.16447

Document ID: 0.7.12561.16447

Hart, Rosemary (OLC)

From: Sent: To: Subject:

Hart, Rosemary (OLC}

Thursday, January 26, 2017 8:25 PM

Gannon, Curtis E. (O LC); Stewart, Scott {O LC)

RE:

(b) (5)

EO

Looks good. A couple of nits.

-----Original Message-----

from: Gannon, Curtis E. {Ole}

Sent: Thursday, January 26, 2017 8:22 PM

To: Hart, Rosemary (OLC} •

(b) (6)

Subject: RE: (b) (5 ) . EO

So, how aboutthis as a response?

Stewart, Scott (OLC} , (b) (5)

(b) (6)

Document ID: 0.7.12561.16444

Document ID: 0.7.12561.16444

Hart, Rosemary (OLC)

From: Sent: To: Cc: Subject:

Hart, Rosemary {OLC)

Friday, January 27, 2017 10:07 AM

Stewart, Scott (OLC); Gannon, Curtis E. (Ole}

Stewart, Scott (OLC)

RE:

(b) (5 )

-- FINAL

thanks

- Original Message---

From: Stewart, Scott (Ol e)

Sent: Friday, January 27, 2017 10:06 AM

To: Hart, Rosemary (OLC) ;.

(b) (6)

Cc: Stewart, Scott {Ol e) ,.

(b) (6)

Subject: RE:

(b)(5 )

- FINAL

Gannon, Curtis E. (OLC) ;.

(b) (6)

Just got it a couple minutes ago. I'll send it, with a redline, momentarily.

- Original Message---

From: Hart, Rosemary (Ol e)

Sent: Friday, January 27, 2017 9:56 AM

To: Stewart, Scott (Ole) <

(b ) (6 )

,.

(b) (6)

Cc: Stewart, Scott (Ole} ,.

(b) (6)

Subject: RE:

(b) (5)

-- FINAL

Gannon, Curtis E. {OLC)

Oo we have a final yet for Protecting the Nation? I heard radio reports on this today, with a lot of detail.

-Original Message---

From: Stewart, Scott (OLC)

Sent: Friday, January 27, 2017 9:52 AM

To: Gannon, Curtis E. (OLC) <

(b) (6)

Cc: Hart, Rosemary (Ole} ~

Subject: FW:

(b) (5)

- FINAL

Stewart, Scott (Ole) •

(b ) (6 )

Curtis - attached is the clean, purportedly fina l version of

(b) (5)

. I've a lso

attached a redline showing changes from our last turn. We've been reviewing and will do the same as

the others arrive.

Document ID: 0.7.12561.16268

Document ID: 0.7.12561 .16268

Stewart, Scott (OLC)

From: Sent: To: Cc: Subject: Attachments:

Stewart, Scott (OLC}

Friday, January 27, 2017 10:08 AM

Hart, Rosemary (OLC}

Gannon, Curtis E. (OLC); Stewart, Scott {OLC)

FW:

; EO -- FINAL

170127 Redline of latest

(b)(5 )

(b) (5) :.docx

.... docx;

Here is the latest Protecting the Nation EO. I've also attached a redline that should compare this version to the one we last sent over.

Document ID: 0.7.12561.40060

Hart, Rosemary (OLC)

From: Sent: To: Subject: Attachments:

Hart, Rosemary (OLC}

Friday, January 27, 2017 10:29 AM

(b) (6)

i (OLC}

FW:

(b) (5)

; EO- FINAL

170127 Redline of latest

(b) (5)

(b) (5) ;.docx

This is still in flux, but here is the latest we have.
- -Origina l Message---From: Stewart, Scott (OLC) Sent: Friday, January 27, 2017 10:08 AM

... .d o cx;

Document ID: 0.7.12561.23122

Hart, Rosemary (OLC)

From: Sent: To: Cc: Subject:

Hart, Rosemary (Ole}

Friday, January 27, 2017 10:29 AM

Stewart, Scott {Ole}

Gannon, Curtis E. (OLC)

RE: URGENT:

(b) (5)

1 - - New language

OK.

- Original Message--

From: Stewart, Scott (OLC)

Sent: Friday, January 27, 2017 10:28 AM

To: Hart, Rosemary (Ole} ,.

(b) (6)

Cc: Gannon, Curtis E. (OLC) •

(b ) (6 )

Subject: RE: URG ENT:

(b)(5 )

- New language

I got a follow-up phone call from Bash about this that we can all discuss in a few minutes.

- Original Message---

From: Hart, Rosemary (OLC}

Sent: Friday, January 27, 2017 10:27 AM

To: Stewart, Scott (OLC) <

(b) (6 )

Cc: Gannon, Curtis E. (OLC) •

(b ) (6 )

Subject: RE: URG ENT:

(b) (5)

- New Language

(b) (5)

-Original Message---

From: Stewart, Scott (OLC)

Sent: Friday, January 27, 201710:22 AM

To:Hart,Rosemary(OLC} ~

Cc: Gannon, Curtis E. (O l e)<

(b) (6)

Subject: FW: URGENT :

(b) (5)

Importance: High

Looping in Rosemary.

--Original Message---

-- New Language

Document ID: 0.7.12561.15782

Document ID: 0.7.12561 .15782

- - ~<o_L_c_)___________________

From: Sent: To: Subje ct:

(b) (6)

(OLC)

Friday, January 27, 2017 10:53 AM

Hart, Rosemary (OLC}

RE:

(b)(5)

: EO -- FINAL

(b) (5)

-Original Message-From: Hart, Rosemary (OLC} Sent: Friday, January 27, 2017 10:29 AM

Document ID: 0.7.12561 .23108

duplicate
Document ID: 0.7.12561 .23108

- -·(O_L_c)_- - - - - - - - - - - - - - - - - - -

From: Sent: To: Subject:

(b ) (6 )

i (OLC)

Friday, January 27, 2017 10:55 AM

Ha rt, Rose ma ry (OLC)

RE: Immigration EO Comments

Those that not OBE seem fine to m e.

From : Hart, Rosemary {Ole)

Sent: Friday, January 27, 201710:49 AM

To:

(Ol e}

Subject: FW: Immigration EO Comments

SeelG)IEI,

(b) (6)

From: Gannon, Curtis E. {Ole}

Sent: Friday, January 27, 201710:47 AM

To: Hart, Rosemary (Ol e) •

(b) (6 )

>; Stewart, Scott (Ole} ,

(b ) (6 )

>

Cc: Koffsky, Daniel l(OlC) •

(b) (6)

>

Subject: FW: Immigration EO Comments

FYI - I haven't looked at this or responded to it.

Document ID: 0.7.12561.23102

Hart, Rosemary (OLC)

From: Sent: To: Cc: Subject:

Hart, Rosemary (OLC} Friday, January 27, 2017 10:55 AM Gannon, Curtis E. (O LC); Stewart, Scott {O LC) Koffsky, Daniel L (OLC) RE: Immig ration EO Comments

(b) (5)

We of course are in a crunch time and we don't know what sort of leeway we have to be making changes.

Do we know when this is to be signed?

(b) (5)

From: Gannon, Curtis E. {Ole} Sent: Frida , Janua 27, 201710:47 AM

Document ID: 0.7.12561.15767

- -·(O_L_)c_- - - - - - - - - - - - - - - - - - -

From:

(b) (6)

(OLC)

Sent:

Friday, January 27, 2017 11:55 AM

To:

Hart, Rosemary (OLC)

Subje ct:

RE: Immigration EO Comments

Att achments:

170127 -

(b) (5)

:... +

OLC. do c x

From: Hart, Rosemary {Ole)

Sent: Friday, January 27, 201711:46AM

To:

(OLC) •

Subject: RE: Immigration EO Comments

OK. Can you please add to this version.

From:

(b) (6)

(OLC)

Sent: Friday, January 27, 201711:44 AM

To: Hart, Rosemary (OLC} •

(b) (6)

....Subject: RE: Immigration EO Comments

(b) (6) (b)(5)

From: Hart, Rosemary {OLC) Sent: Frida , Janua 27, 201710:49 AM

Document ID: 0.7.12561.2311 6

Document ID: 0.7.12561.2311 6

Hart, Rosemary (OLC)

From: Sent: To: Cc: S u b j e ct:
A t t a ch m e n t s:

Hart, Rosemary (OLC}

Friday, January 27, 2017 12:01 PM

Gannon, Curtis E. (OLC); Stewart, Scott {OLC)

(b) (6 )

(OLC}

170127 1 27 2017)

(b) (5)

170127 1 27 2017).docx

(b) (5)

... + OLC ( ... + OLC {

After a discussion with Curtis, and working from the clean version that Stewart sent earlier, here are some

additional comments. We are suggesting

·, and are also recommending

some modest changes reflecting

(b) (5)

Document ID: 0.7.12561.15675

Stewart, Scott (OLC)

From: Sent: To: Subject: Attachments:

Stewart, Scott (OLC}

Friday, January 27, 2017 12:56 PM

Gannon, Curtis E. (OLC); Hart, Rosemary {O LC)

FW:

: EO

170127 1249pm).docx

(b) (5)

Just received this.

(27 Jan

Document ID: 0.7.12561.15620

Stewart, Scott (OLC)

From: Sent: To: Subject: Attachments:

Stewart, Scott (OLC}
Friday, January 27, 2017 1:00 PM
Gannon, Curtis E. (O LC); Hart, Rosemary (O LC)
&II FW: NEW language for Sec. Ill
Redline of latest (b) (5) ;.docx

And now

(b)(5)

. See below, which also addresseslll For what it is worth, I'm

attaching a redline comparing the latest to our most recent passback.

Document ID: 0.7.12561.15614

Hart, Rosemary (OLC)

From: Sent: To: Subject: Attachments:

Hart, Rosemary (OLC}

Friday, January 27, 2017 1:35 PM

(b) (6)

(OLC}; Stewart, Scott (OLC}; Gannon, Curtis E. (O LC)

FW:

(b) (5)

: EO

170127 1249pm).docx

(b) (5)

(27 Jan

Looping in . ,
--Original Message---From: Stewart, Scott (OLC) Sent: Frida , Janua 27, 2017 12:56 PM

Document ID: 0.7.12561.15606

Hart, Rosemary (OLC)

From: Sent: To: Subject:
Att achments:

Hart, Rosemary {Ole)

Friday, January 27, 2017 1:43 PM

Gannon, Curtis E. (Ole); Stewart, Scott (Ole};

170127 1249pm) + OlC {1 27 2017}

(b) (5)

170127 1249pm) + OLC {1 27 2017}.docx

(b) (5)

(b)(6)

One nitmlJ and two nits and a suggestion {that can be disregarded) in• .

, (OLC) (27 Jan
(27 Jan

Document ID: 0.7.12561.15257

Hart, Rosemary (OLC)

From: Sent: To: Subject:
Att achments:

Hart, Rosemary {OLC)

Friday, January 27, 2017 1:45 PM

Gannon, Curtis E. {OLC); Stewart, Scott {Ole};

170127 1249pm) + OLC {1 27 2017}

(b) (5)

170127 1249pm) + OLC {1 27 2017}.docx

(b)(5)

Two nits

(b)(6)

(OLC) s (27 Jan
(27 Jan

Document ID: 0.7.12561.41780

Stewart, Scott (OLC)

From: Sent: To: Subject:
Attachments:

Stewart, Scott (OLC)

Friday, January 27, 2017 1:47 PM

Gannon, Curtis E. (OLC); Hart, Rosemary {O LC);

FW: 170127_ _POLICYCLEARED {NSC)

(b) (5)

170127 - .TOWHCO2.docx

(b) (5)

(b ) (6 )

Here's Protecting the Nation, with a note about one outstanding issue. - Original Message----

i (OLC)

Document ID: 0.7.12561.15605

Document ID: 0.7.12561 .15605

Document ID: 0.7.12561 .15605

_ _(o_L_c)_- - - - - - - - - - - - - - - - - - -

From: Sent: To: Subject:

(b) (6)

i (OLC)

Friday, January 27, 2017 1:53 PM

Stewart, Scott {OLC}; Gannon, Curtis E. {OLC}; Hart, Rosemary {OLC}

RE: 170127 -

-

.POLICYCLEAREO {NSC)

(b)(5)

I l l The email thread seems to be about but neither the change discussed below nor
seem to be legal issues.
-Original Message---From: Stewart, Scott {OLC} Sent: Frida , Janua 27, 2017 1:47 PM

(b) (5)

Document ID: 0.7.12561.15247

Document ID: 0.7.12561.15247

Document ID: 0.7.12561.15247

Hart, Rosemary (OLC)

From: Sent: To: Subject:

Hart, Rosemary (OLC}

Friday, January 27, 2017 2:08 PM

Stewart, Scott (OLC}; Gannon, Curtis E. {OLC);

RE: 170127 -

(b) (5)

-

.TOWHC03

So maybe they made a decision on

(b) (5)
(b) (5)

(b) (6 )

(O LC)

-----Original Message-----

from: Stewart, Scott (Ole)

Sent: Friday, January 27, 2017 2:03 PM

To: Hart, Rosemary (Ole) •

(b) (6)

Gannon, c.urtis E. (Ole) •

(b) (6)

(Ole) •

(b) (6)

Subject: FW: 170127 -

(b) (5)

Unclear whether this is different, but maybe it addresses the outstanding issue.

(b) (6) ;.TOWHC03

Document ID: 0.7.12561.15246

Hart, Rosemary (OLC)

From: Sent: To: Subject: At t a ch m e nt s:

Hart, Rosemary {Ole) Friday, January 27, 2017 2:16 PM Gannon, Curtis E. (Ole); Stewart, Scott (Ole}; F&L Protecting the Nation EO 1 27 2017 F&L Protecting the Nation EO 1 27 2017.docx

Here is the new form and legality, with

(b) (5)

, plus

(b)(6) (b) (5)

, (Ole)

Document ID: 0.7.12561.15245

Hart, Rosemary (OLC)

From: Sent: To: Subject:

Hart, Rosemary (OLC}

Friday, January 27, 2017 2:56 PM

Gannon, Curtis E. (O l e)

RE: OLC fix on

(b) (5)

I didn't catch that, either.

From: Gannon, Curtis E. (Ole}

Sent: Friday, January 27, 2017 2:36 PM

To: Hart, Rosemary (Ole) •

(b)(6)

Subject: RE: OLC fix on

(b) (5)

From: Hart, Rosemary (OLC)

Sent: Friday, January 27, 2017 2:36 PM

To: Gannon, Curtis E. (OLC) •

(b) (6)

Subject: RE: OLC fix on

(b) (5)

Good resultl

From: Gannon, Curtis E. (OLC)

Sent: Friday, January 27, 2017 2:35 PM

To: Hart, Rosemary (OLC) •

(b)(6)

Subject: FW: OLC fix on

(b) (5)

FY I

Document ID: 0.7.12561.14754

Document ID: 0.7.12561.14754

Stewart, Scott (OLC)

From: Sent: To: Subject:
Attachments:

Stewart, Scott (OLC} Friday, January 27, 2017 3:23 PM

Hart, Rosemary (OLC}
FW: 170127_ _TQWHC03

(b) (5)

170127 -

-

.TOWHC03.docx

(b) (5)

Document ID: 0.7.12561.39922

Hart, Rosemary (OLC)

From: Sent: To: Subject:
Attachments:

Hart, Rosemary (OLC}

Friday, January 27, 2017 3:30 PM

Stewart, Scott (OLC}; Gannon, Curtis E. {OLC);

170127 -

(b) (5)

-

.TOWHC03 + OLC (127 2017)

170127 -

(b) (5)

- :.TOWHC03 + OLC (1 27 2017).docx

Our edits highlighted in the attached.

(b) (6)

· (O LC)

Document ID: 0.7.12561.14726

Hart, Rosemary (OLC)

From: Sent: To: Subject:

Hart, Rosemary (OLC}

Friday, January 27, 2017 3:31 PM

Stewart, Scott (OLC}; Gannon, Curtis E. {OLC)

RE: OLC fix on

(b) (5)

Got it. Incorporated and sent to you both.

From: Stewart, Scott (Ole)

Sent: Friday, January 27, 2017 3:23 PM

To: Hart, Rosemary (Ole) •

(b) (6)

Subject: RE: OLC fix on (b) (5)

Done, under separate cover.

Gannon, Curtis E. {OlC) •

(b) (6)

From: Hart, Rosemary {OLC)

Sent: Friday, January 27, 2017 3:21 PM

To: Gannon, Curtis E. (Ole) •

(b) (6)

Subject: RE: OLC fix on (b) (5)

Stewart, Scott ( OLC} ·

(b) (6)

>

I have that. But the pages that Scott just brought me with your two edits is not the version I had put my edits in. Scott: Could you please send me what you believe is the latest?

Thanks, Rosemary

From: Gannon, Curtis E. (OLC}

Sent: Friday, January 27, 2017 3:17 PM

To: Stew art, Scott (OLC}_•

(b) (6)

Subject: FW: OLC fix on (b) (5)

Importance: High

The substantive edit is in John's email below.

Hart, Rosemary (OLC) •

(b) (6 )

Document ID: 0.7.12561.14720

Document ID: 0.7.12561.14720

Gannon, Curtis E. (OLC)

From: Sent: To: Cc: Subject:

Gannon, Curtis E. (OLC)

Friday, January 27, 2017 4:11 PM

(b) (6)

(OLC); Hart, Rosemary (O LC); Stewart, Scott (OLC)

Stewart, Scott (OLC)

RE:

I had the same reaction to didn't yet reflect our substantive comment on

(b) (5)

(b) (5)

:. But that draft

- Original Message----

From:

! (OLC)

Sent: Friday, January 27, 2017 4:09 PM

To: Hart, Rosemary (OLC) ,.

(b) (6)

Stewart, Scott (OLC) ,.

(b) (6)

>·,

Gannon, Curtis E. (OLC) ,.

(b) (6)

Cc: Stewart, Scott {OLC) ,.

(b) (6)

Subject: RE:

It did not seem problematic to me.

- Original Message--

From: Hart, Rosemary (OLC)

Sent: Friday, January 27, 2017 4:09 PM

To: Stewart, Scott (OLC) <

,.

(b) (6)

(b) (6)

Cc: Stewart, Scott (OLC) ,.

(b)(6 )

•

(b) (6)

Subject: RE:

Gannon, Curtis E. {OLC)

(b) (6)

(OLC)

Someone has added

(b) (5)

---Original Message---

From: Stewart, Scott {OLC)

Sent: Friday, January 27, 2017 3:54 PM

To: Gannon, Curtis E. (OLC) <

(b) (6)

Cc: Stewart, Scott (OLC) ,.

(b) (6 )

Subject: FW:

Hart, Rosemary (OLC) •

(b) (6)

Here is a compare showing (b) (5) . We got these in the midst of reviewing a version. Rather than again re-start, I decided that it would be best to e dit what we had and to review these when the WH sends us back the next turn.

o·-.. IM -.

(b) (5)

Document ID: 0.7.12561.14684

Document ID: 0.7.12561.14684

Stewart, Scott (OLC)

From: Sent: To: Cc: Subject : Attachments:

Stewart, Scott (OLC}

Friday, January 27, 2017 5:02 PM

Gannon, Curtis E. (OLC); Hart, Rosemary {O LC)

Stewart, Scott (Ole)

FW: TO PRINT: (b)(5 )

170127 -

(b) (5)

- .TOWHCOS.docx; Redline of Protecting the Nation S00 pm.docx

Final version of Protecting the Nation in clean and in a redline that I generated.

(b) (5)

Document ID: 0.7.12561.14701

Office ofthe Assistant Attorney General

U.S. Department of Justice Office of Legal Counsel
Washington, D.C. 20530

January 27, 2017
MEMORANDUM
Re: Proposed Executive Order Entitled, "Protecting the Nation from Foreign Terrorist Entry into the United States"
The attached proposed Executive Order was prepared by the Domestic Policy Council and forwarded to this Department for review with respect to form and legality.
The Order would direct a range of executive branch actions designed to ensure that foreign nationals who are approved for admission to the United States do not intend to harm Americans and have no ties to terrorism. Following is a description of several of the actions directed under the Order.
The proposed Order would require the Secretary of Homeland Security, in consultation with the Secretary of State and the Director of National Intelligence, to determine the information needed from other countries to adjudicate visas, admissions, or other benefits under the Immigration and Nationality Act ("INA"), 8 U.S.C. §§ 1101 et seq. It would then direct the Secretary of State to request that other countries provide such information within 60 days. The Order would direct the Secretary of Homeland Security to submit to the President a list of the countries that do not provide such information for inclusion in a presidential proclamation generally prohibiting the entry of nationals from those countries. The Order would also suspend the entry of immigrants and non-immigrants from countries referred to in section 217(a)(l2) of the INA, subject to case-by-case exceptions.
The Order would also direct the Secretary of State, the Secretary of Homeland Security, the Director ofNational Intelligence, and the Director of the Federal Bureau oflnvestigation to develop uniform screening standards and procedures to identify individuals seeking to enter the United States on a fraudulent basis or with the intent to cause harm, or who are at risk of causing harm after admission.
In addition, the Order would direct the Secretary of State to suspend the U.S. Refugee Admissions Program ("USRAP") for 120 days, subject to case-by-case exceptions. During that 120-day period, the Secretary of State, in conjunction with the Secretary of Homeland Security and in consultation with the Director ofNational Intelligence, would determine what additional procedures can be taken to ensure that refugees who are approved for admission do not pose a threat to the security and welfare of the United States. Pursuant to section 212(f) of the INA, the President would proclaim that the entry of Syrian refugees, and the entry of more than 50,000

Document ID: 0.7.12561.53322

refugees in fiscal year 2017, would be detrimental to the interests of the United States and would suspend such admissions.
The proposed Order is approved with respect to form and legality. Curtis E. Gannon
Acting Assistant Attorney General
2
Document ID: 0.7.12561.53322

Office of the Assistant Attorney General

U.S. Department of Justice Office of Legal Counsel
Washington, D.C. 20530
January 27, 2017

The President, The White House.
My dear Mr. President: I am herewith transmitting a proposed Executive Order entitled, "Protecting the Nation
from Foreign Terrorist Entry into the United States." This proposed Order was prepared by the Domestic Policy Council and forwarded to this Department for review of its form and legality.
The proposed Executive Order is approved with respect to form and legality.
Respectfully,
Curtis E. Gannon Acting Assistant Attorney General

Document ID: 0.7.12561.53322

Executive Order-Protecting the Nation from Foreign Terrorist Entry into the United States
EXECUTIVE ORDER
PROTECTING THE NATION FROM FOREIGN TERRORIST ENTRY INTO THE UNITED STATES
By the authority vested in me as President by the Constitution and laws of the United States of America, including the Immigration and Nationality Act (INA), 8 U.S.C. 1101 et seq., and section 301 of title 3, United States Code, and to protect the American people from terrorist attacks by foreign nationals admitted to the United States, it is hereby ordered as follows:
Section 1. Purpose. The visa-issuance process plays a crucial role in detecting individuals with terrorist ties and stopping them from entering the United States. Perhaps in no instance was that more apparent than the terrorist attacks of September 11, 2001, when State Department policy prevented consular officers from properly scrutinizing the visa applications of several of the 19 foreign nationals who went on to murder nearly 3,000 Americans. And while the visa-issuance process was reviewed and amended after the September 11 attacks to better detect would-be terrorists from receiving visas, these measures did not stop attacks by foreign nationals who were admitted to the United States.
Numerous foreign-born individuals have been convicted or implicated in terrorismrelated crimes since September 11, 2001, including foreign nationals who entered the United States after receiving visitor, student, or employment visas, or who entered through the United States refugee resettlement program. Deteriorating conditions in certain countries due to war, strife, disaster, and civil unrest increase the likelihood that terrorists will use any means possible to enter the United States. The United States must be vigilant during the visa-issuance process to ensure that those approved for admission do not intend to harm Americans and that they have no ties to terrorism.
In order to protect Americans, the United States must ensure that those admitted to this country do not bear hostile attitudes toward it and its founding principles. The United States cannot, and should not, admit those who do not support the Constitution, or those who would place violent ideologies over American law. In addition, the United States should not admit those who engage in acts of bigotry or hatred (including 1'honor" killings, other forms of violence against women, or the persecution of those who practice religions different from their own) or those who would oppress Americans of any race, gender, or sexual orientation.
Sec. 2. Policy. It is the policy of the United States to protect its citizens from foreign nationals who intend to commit terrorist attacks in the United States; and to prevent the
1
Document ID: 0.7.12561.53322

admission of foreign nationals who intend to exploit United States immigration laws for malevolent purposes.
Sec. 3. Suspension ofIssuance ofVisas and Other Immigration Benefits to Nationals of Countries ofParticular Concern. (a) The Secretary of Homeland Security, in consultation with the Secretary of State and the Director of National Intelligence, shall immediately conduct a review to determine the information needed from any country to adjudicate any visa, admission, or other benefit under the INA (adjudications) in order to determine that the individual seeking the benefit is who the individual claims to be and is not a security or public-safety threat.
(b) The Secretary of Homeland Security, in consultation with the Secretary of State and the Director ofNational Intelligence, shall submit to the President a report on the results of the review described in subsection (a) of this section, including the Secretary of Homeland Security's determination ofthe information needed for adjudications and a list of countries that do not provide adequate information, within 30 days of the date of this order. The Secretary of Homeland Security shall provide a copy of the report to the Secretary of State and the Director ofNational Intelligence.
(c) To temporarily reduce investigative burdens on relevant agencies during the review period described in subsection (a) of this section, to ensure the proper review and maximum utilization of available resources for the screening of foreign nationals, and to ensure that adequate standards are established to prevent infiltration by foreign terrorists or criminals, pursuant to section 212(f) of the INA, 8 U.S.C. 1182(f), I hereby proclaim that the immigrant and nonimmigrant entry into the United States of aliens from countries referred to in section 217(a)(12) of the INA, 8 U.S.C. 1187(a)(12), would be detrimental to the interests of the United States, and I hereby suspend entry into the United States, as immigrants and nonimmigrants, of such persons for 90 days from the date of this order (excluding those foreign nationals traveling on diplomatic visas, North Atlantic Treaty Organization visas, C-2 visas for travel to the United Nations, and G-1, G-2, G-3, and G4 visas).
(d) Immediately upon receipt ofthe report described in subsection (b) of this section regarding the information needed for adjudications, the Secretary of State shall request all foreign governments that do not supply such information to start providing such information regarding their nationals within 60 days of notification.
(e) After the 60-day period described in subsection (d) ofthis section expires, the Secretary of Homeland Security, in consultation with the Secretary of State, shall submit to the President a list ofcountries recommended for inclusion on a Presidential proclamation that would prohibit the entry of foreign nationals (excluding those foreign nationals traveling on diplomatic visas, North Atlantic Treaty Organization visas, C-2 visas for travel to the United Nations, and G-1, G-2, G-3, and G-4 visas) from countries that do not provide the information requested pursuant to subsection (d) of this section until compliance occurs.
2
Document ID: 0.7.12561.53322

(f) At any point after submitting the list described in subsection (e) of this section, the Secretary of State or the Secretary of Homeland Security may submit to the President the names of any additional countries recommended for similar treatment.
(g) Notwithstanding a suspension pursuant to subsection (c) of this section or pursuant to a Presidential proclamation described in subsection (e) of this section, the Secretaries of State and Homeland Security may, on a case-by-case basis, and when in the national interest, issue visas or other immigration benefits to nationals of countries for which visas and benefits are otherwise blocked.
(h) The Secretaries of State and Homeland Security shall submit to the President a joint report on the progress in implementing this order within 30 days of the date of this order, a second report within 60 days of the date of this order, a third report within 90 days of the date of this order, and a fourth report within 120 days of the date of this order.
Sec. 4. Implementing Uniform Screening Standards for All Immigration Programs. (a) The Secretary of State, the Secretary of Homeland Security, the Director ofNational Intelligence, and the Director ofthe Federal Bureau of Investigation shall implement a program, as part of the adjudication process for immigration benefits, to identify individuals seeking to enter the United States on a fraudulent basis with the intent to cause harm, or who are at risk of causing harm subsequent to their admission. This program will include the development of a uniform screening standard and procedure, such as in-person interviews; a database of identity documents proffered by applicants to ensure that duplicate documents are not used by multiple applicants; amended application forms that include questions aimed at identifying fraudulent answers and malicious intent; a mechanism to ensure that the applicant is who the applicant claims to be; a process to evaluate the applicant's likelihood of becoming a positively contributing member of society and the applicant's ability to make contributions to the national interest; and a mechanism to assess whether or not the applicant has the intent to commit criminal or terrorist acts after entering the United States.
(b) The Secretary of Homeland Security, in conjunction with the Secretary of State, the Director of National Intelligence, and the Director ofthe Federal Bureau of Investigation, shall submit to the President an initial report on the progress of this directive within 60 days of the date of this order, a second report within 100 days of the date of this order, and a third report within 200 days of the date of this order.
Sec. 5. Realignment ofthe US. Refugee Admissions Program for Fiscal Year 2017. (a) The Secretary of State shall suspend the U.S. Refugee Admissions Program (USRAP) for 120 days. During the 120-day period, the Secretary of State, in conjunction with the Secretary of Homeland Security and in consultation with the Director ofNational Intelligence, shall review the USRAP application and adjudication process to determine what additional procedures should be taken to ensure that those approved for refugee admission do not pose a threat to the security and welfare of the United States, and shall implement such additional procedures. Refugee applicants who are already in the USRAP process may be admitted upon the initiation and completion of these revised procedures.
3
Document ID: 0.7.12561.53322

Upon the date that is 120 days after the date of this order, the Secretary of State shall resume USRAP admissions only for nationals of countries for which the Secretary of State, the Secretary of Homeland Security, and the Director of National Intelligence have jointly determined that such additional procedures are adequate to ensure the security and welfare of the United States.
(b) Upon the resumption of USRAP admissions, the Secretary of State, in consultation with the Secretary of Homeland Security, is :further directed to make changes, to the extent permitted by law, to prioritize refugee claims made by individuals on the basis of religious-based persecution, provided that the religion of the individual is a minority religion in the individual's country of nationality. Where necessary and appropriate, the Secretaries of State and Homeland Security shall recommend legislation to the President that would assist with such prioritization.
(c) Pursuant to section 212(f) of the INA, 8 U.S.C. 1182(f), I hereby proclaim that the entry of nationals of Syria as refugees is detrimental to the interests of the United States and thus suspend any such entry until such time as I have determined that sufficient changes have been made to the USRAP to ensure that admission of Syrian refugees is consistent with the national interest.
(d) Pursuant to section 212(f) of the INA, 8 U.S.C. 1182(f), I hereby proclaim that the entry of more than 50,000 refugees in fiscal year 2017 would be detrimental to the interests of the United States, and thus suspend any such entry until such time as I determine that additional admissions would be in the national interest.
(e) Notwithstanding the temporary suspension imposed pursuant to subsection (a) of this section, the Secretaries of State and Homeland Security may jointly determine to admit individuals to the United States as refugees on a case-by-case basis, in their discretion, but only so long as they determine that the admission of such individuals as refugees is in the national interest-including when ·the person is a religious minority in his country of nationality facing religious persecution, when admitting the person would enable the United States to conform its conduct to a preexisting international agreement, or when the person is already in transit and denying admission would cause undue hardship-and it would not pose a risk to the security or welfare of the United States.
(f) The Secretary of State shall submit to the President an initial report on the progress of the directive in subsection (b) of this section regarding prioritization of claims made by individuals on the basis of religious-based persecution within 100 days of the date of this order and shall submit a second report within 200 days of the date of this order.
(g) It is the policy of the executive branch that, to the extent permitted by law and as practicable, State and local jurisdictions be granted a role in the process of determining the placement or settlement in their jurisdictions of aliens eligible to be admitted to the United States as refugees. To that end, the Secretary of Homeland Security shall examine existing law to determine the extent to which, consistent with applicable law, State and local jurisdictions may have greater involvement in the process of determining the
4
Document ID: 0.7.12561.53322

placement or resettlement ofrefugees in their jurisdictions, and shall devise a proposal to lawfully promote such involvement.
Sec. 6. Rescission ofExercise ofAuthority Relating to the Terrorism Grounds of Inadmissibility. The Secretaries of State and Homeland Security shall, in consultation with the Attorney General, consider rescinding the exercises of authority in section 212 of the INA, 8 U.S.C. 1182, relating to the terrorism grounds of inadmissibility, as well as any related implementing memoranda.
Sec. 7. Expedited Completion ofthe Biometric Entry-Exit Tracking System. (a) The Secretary of Homeland Security shall expedite the completion and implementation of a biometric entry-exit tracking system for all travelers to the United States, as recommended by the National Commission on Terrorist Attacks Upon the United States.
(b) The Secretary of Homeland Security shall submit to the President periodic reports on the progress of the directive contained in subsection (a) of this section. The initial report shall be submitted within 100 days ofthe date of this order, a second report shall be submitted within 200 days ofthe date ofthis order, and a third report shall be submitted within 365 days of the date of this order. Further, the Secretary shall submit a report every 180 days thereafter until the system is fully deployed and operational.
Sec'. 8. Visa Interview Security. (a) The Secretary of State shall immediately suspend the Visa Interview Waiver Program and ensure compliance with section 222 ofthe INA, 8 U.S.C. 1222, which requires that all individuals seeking a nonimmigrant visa undergo an in-person interview, subject to specific statutory exceptions.
(b) To the extent permitted by law and subject to the availability of appropriations, the Secretary of State shall immediately expand the Consular Fellows Program, including by substantially increasing the number of Fellows, lengthening or making permanent the period of service, and making language training at the Foreign Service Institute available to Fellows for assignment to posts outside of their area of core linguistic ability, to ensure that non-immigrant visa-interview wait times are not unduly affected.
Sec. 9. Visa Validity Reciprocity. The Secretary of State shall review all nonimmigrant visa reciprocity agreements to ensure that they are, with respect to each visa classification, truly reciprocal insofar as practicable with respect to validity period and fees, as required by sections 221(c) and 281 of the INA, 8 U.S.C. 1201(c) and 1351, and other treatment. If a country does not treat United States nationals seeking nonimmigrant visas in a reciprocal manner, the Secretary of State shall adjust the visa validity period, fee schedule, or other treatment to match the treatment of United States nationals by the foreign country, to the extent practicable.
Sec.10. Transparency and Data Collection. (a) To be more transparent with the American people, and to more effectively implement policies and practices that serve the national interest, the Secretary of Homeland Security, in consultation with the Attorney General, shall, consistent with applicable law and national security, collect and make publicly available within 180 days, and every 180 days thereafter:
5
Document ID: 0.7.12561.53322

(i) information regarding the number of foreign nationals in the United States who have been charged with terrorism-related offenses while in the United States; convicted ofterrorism-related offenses while in the United States; or removed from the United States based on terrorism-related activity, affiliation, or material support to a terrorism-related organization, or any other national security reasons since the date of this order or the last reporting period, whichever is later;
(ii) information regarding the number of foreign nationals in the United States who have been radicalized after entry into the United States and engaged in terrorismrelated acts, or who have provided material support to terrorism-related organizations in countries that pose a threat to the United States, since the date of this order or the last reporting period, whichever is later; and
(iii) information regarding the number and types of acts of gender-based violence against women, including honor killings, in the United States by foreign nationals, since the date of this order or the last reporting period, whichever is later; and
(iv) any other information relevant to public safety and security as determined by the Secretary of Homeland Security and the Attorney General, including information on the immigration status of foreign nationals charged with major offenses.
(b) The Secretary of State shall, within one year of the date of this order, provide a report on the estimated long-term costs of the USRAP at the Federal, State, and local levels.
Sec. 11. General Provisions. (a) 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 ofthe Office of Management and Budget relating to budgetary, administrative, or legislative proposals.
(b) This order shall be implemented consistent with applicable law and subject to the availability of appropriations.
(c) 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.
6
Document ID: 0.7.12561.53322

 
 Case 1:17-cv-00814-TJK Document 25 Filed 04/10/18 Page 1 of 3

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLUMBIA

____________________________________

)

THE PROTECT DEMOCRACY

)

CONSOLIDATED CASES

PROJECT,

)

)

Plaintiff,

)

)

v.

)

No. 1:17-cv-00814-TJK

)

OFFICE OF MANAGEMENT AND

)

BUDGET,

)

)

Defendant.

)

____________________________________)

)

THE PROTECT DEMOCRACY

)

PROJECT,

)

)

Plaintiff,

)

)

v.

)

No. 1:17-cv-00815-TJK

)

DEPARTMENT OF JUSTICE,

)

)

Defendant.

)

____________________________________)

JOINT STATUS REPORT

The United States Department of Justice (“DOJ”) and the Office of Management and

Budget (“OMB”) (collectively, “Defendants”) and Plaintiff The Protect Democracy Project

respectfully submit this Joint Status Report pursuant to the Court’s Minute Order of July 10,

2017. The parties report as follows:

1. On May 2, 2017, Plaintiff initiated actions under the Freedom of Information Act

(“FOIA”) against OMB and DOJ seeking certain records regarding Executive Order 13769,

“Protecting the Nation From Foreign Terrorist Entry Into the United States.” The two cases were

subsequently consolidated pursuant to this Court’s Minute Order of June 12, 2017.

– 1 –

Case 1:17-cv-00814-TJK Document 25 Filed 04/10/18 Page 2 of 3
2. Defendants filed their Answers on June 21, 2017 [ECF Nos. 12 & 13]. 3. OMB has completed its processing of Plaintiff’s FOIA request. 4. The parties have conferred and agreed that Plaintiff’s Complaint against DOJ only seeks to compel the release of records from DOJ’s Office of Legal Counsel (“OLC”). Accordingly, the parties believe that it will be unnecessary for them to litigate the exhaustion issue raised by DOJ as the First Defense in its Answer. 5. OLC has received numerous FOIA requests relating to the same general subject matter as Plaintiff’s FOIA request. To facilitate efficient processing of all of these FOIA requests, OLC completed a broad keyword search designed to capture any records responsive to any of the requests. That search (over-inclusive by design) retrieved 26,157 potentially responsive electronic records, including emails, email attachments, and stand-alone records. OLC continues to search for responsive paper records, but anticipates that the volume of responsive paper records, if any, is small. 6. On August 2, 2017, OLC released in full one record responsive to Plaintiff’s request. OLC informed Plaintiff that this release constituted the completion of OLC’s search for responsive final legal advice documents. 7. OLC subsequently proceeded to review records other than its final legal advice documents for responsiveness, deduplication, and application of the FOIA’s statutory exemptions from disclosure. This review has reduced the volume of potentially responsive records requiring further review for responsiveness and potential withholdings from over 26,000 documents to approximately 2,730 documents. OLC made productions from this batch of documents on October 31 and November 30, 2017, which totaled 123 pages released in part and 383 pages denied in full. On January 2, 2018, OLC released 51 pages in full or in part and
– 2 –

Case 1:17-cv-00814-TJK Document 25 Filed 04/10/18 Page 3 of 3

denied 325 pages in full. On January 31, 2018, OLC released 93 pages in full or in part and denied 399 pages in full. On March 1, 2018, OLC released 174 pages in full or in part and denied 218 pages in full. On April 9, 2018, OLC released 187 pages in full and denied 387 pages in full. OLC intends to continue making rolling productions on approximately a monthly basis going forward.
8. The parties will continue to file Joint Status Reports on the second Tuesday of every month, until further Order of the Court, pursuant to the Court’s Minute Order of July 10, 2017.

Dated: April 10, 2018
/s/ Allison F. Murphy ALLISON F. MURPHY (DC Bar No. 975494) The Protect Democracy Project, Inc. 2020 Pennsylvania Ave., NW #163 Washington, DC 20006 Telephone: (202) 599-0466 Fax: (929) 777-8428
Counsel for Plaintiff

Respectfully submitted,
CHAD A. READLER Acting Assistant Attorney General
ELIZABETH J. SHAPIRO Deputy Branch Director
/s/ Vinita B. Andrapalliyal VINITA B. ANDRAPALLIYAL Trial Attorney United States Department of Justice Civil Division, Federal Programs Branch 20 Massachusetts Avenue NW Washington, DC 20530 Telephone: (202) 305-0845 Fax: (202) 616-8470 vinita.b.andrapalliyal@usdoj.gov
Counsel for Defendants

– 3 –

 
 Case 1:17-cv-00814-TJK Document 40 Filed 04/09/19 Page 1 of 3

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLUMBIA

____________________________________

)

THE PROTECT DEMOCRACY

)

CONSOLIDATED CASES

PROJECT,

)

)

Plaintiff,

)

)

v.

)

No. 1:17-cv-00814-TJK

)

OFFICE OF MANAGEMENT AND

)

BUDGET,

)

)

Defendant.

)

____________________________________)

)

THE PROTECT DEMOCRACY

)

PROJECT,

)

)

Plaintiff,

)

)

v.

)

No. 1:17-cv-00815-TJK

)

DEPARTMENT OF JUSTICE,

)

)

Defendant.

)

____________________________________)

JOINT STATUS REPORT

The United States Department of Justice (“DOJ”) and the Office of Management and

Budget (“OMB”) (collectively, “Defendants”) and Plaintiff The Protect Democracy Project

respectfully submit this Joint Status Report pursuant to the Court’s Minute Order of January 7,

2019. The parties report as follows:

1. On May 2, 2017, Plaintiff initiated actions under the Freedom of Information Act

(“FOIA”) against OMB and DOJ seeking certain records regarding Executive

Order 13769, “Protecting the Nation From Foreign Terrorist Entry Into the United

– 1 –

Case 1:17-cv-00814-TJK Document 40 Filed 04/09/19 Page 2 of 3
States.” The two cases were subsequently consolidated pursuant to this Court’s Minute Order of June 12, 2017. 2. Defendants filed their Answers on June 21, 2017 [ECF Nos. 12 & 13]. 3. OMB has completed its processing of Plaintiff’s FOIA request. 4. The parties have conferred and agreed that Plaintiff’s Complaint against DOJ only seeks to compel the release of records from DOJ’s Office of Legal Counsel (“OLC”). Accordingly, the parties believe that it will be unnecessary for them to litigate the exhaustion issue raised by DOJ as the First Defense in its Answer. 5. OLC has received numerous FOIA requests relating to the same general subject matter as Plaintiff’s FOIA request. To facilitate efficient processing of all of these FOIA requests, OLC completed a broad keyword search designed to capture any records responsive to any of the requests. That search (over-inclusive by design) retrieved 26,157 potentially responsive electronic records, including emails, email attachments, and stand-alone records. OLC continues to search for responsive paper records, but anticipates that the volume of responsive paper records, if any, is small. 6. On August 2, 2017, OLC released in full one record responsive to Plaintiff’s request. OLC informed Plaintiff that this release constituted the completion of OLC’s search for responsive final legal advice documents. 7. OLC subsequently proceeded to review records other than its final legal advice documents for responsiveness, deduplication, and application of the FOIA’s statutory exemptions from disclosure. This review has reduced the volume of potentially responsive records requiring further review for responsiveness and potential withholdings from over 26,000 documents to approximately 2,730 documents. OLC has been making approximately monthly
– 2 –

Case 1:17-cv-00814-TJK Document 40 Filed 04/09/19 Page 3 of 3

productions from this batch of documents. OLC intends to make another production by Friday, April 12, 2019, and to continue making rolling responses on approximately a monthly basis going forward.
8. The parties will continue to file Joint Status Reports on the second Tuesday of every month, until further Order of the Court, pursuant to the Court’s Minute Order of July 10, 2017.

Dated: April 9, 2019
/s/ Justin G. Florence JUSTIN G. FLORENCE (DC Bar No. 988953) The Protect Democracy Project, Inc. 2020 Pennsylvania Ave., NW #163 Washington, DC 20006 Telephone: (202) 774-4234 Fax: (929) 777-8428
Counsel for Plaintiff

Respectfully submitted,
JOSEPH H. HUNT Assistant Attorney General
ELIZABETH J. SHAPIRO Deputy Branch Director
/s/ Vinita B. Andrapalliyal VINITA B. ANDRAPALLIYAL Trial Attorney United States Department of Justice Civil Division, Federal Programs Branch 20 Massachusetts Avenue NW Washington, DC 20530 Telephone: (202) 305-0845 Fax: (202) 616-8470 vinita.b.andrapalliyal@usdoj.gov
Counsel for Defendants

– 3 –

 
 Case 1:17-cv-00814-TJK Document 41 Filed 05/07/19 Page 1 of 2

IN THE UNITED STATES DISTRICT COURT

FOR DISTRICT OF COLUMBIA

______________________________

______

)

THE PROTECT DEMOCRACY PROJECT,

)

CONSOLIDATED CASES

)

Plaintiff,

)

)

v.

)

No. 1:17-cv-00814 (TJK)

)

OFFICE OF MANAGEMENT AND

)

BUDGET,

)

)

Defendant.

)

______________________________

)

)

THE PROTECT DEMOCRACY PROJECT,

)

)

Plaintiff,

)

)

v.

)

No. 1:17-cv-00815 (TJK)

)

DEPARTMENT OF JUSTICE,

)

)

Defendant.

)

______________________________

)

JOINT STIPULATION OF VOLUNTARY DISMISSAL

Pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii), Plaintiff The Protect

Democracy Project and the United States Department of Justice and the Office of Management

and Budget hereby stipulate to the dismissal with prejudice of the above-captioned matter. Each

party will bear its own attorneys’ fees and costs.

Date: May 9, 2019

Respectfully submitted,

/s/ Justin G. Florence________________ JUSTIN G. FLORENCE (DC Bar No. 988953) The Protect Democracy Project, Inc. 2020 Pennsylvania Ave., NW #163 Washington, DC 20006

Case 1:17-cv-00814-TJK Document 41 Filed 05/07/19 Page 2 of 2
Telephone: (202) 774-4234 Fax: (929) 777-8428
Counsel for Plaintiff
JOSEPH H. HUNT Assistant Attorney General
ELIZABETH J. SHAPIRO Deputy Branch Director
/s/ Vinita B. Andrapalliyal VINITA B. ANDRAPALLIYAL Trial Attorney United States Department of Justice Civil Division, Federal Programs Branch 20 Massachusetts Avenue NW Washington, DC 20530 Telephone: (202) 305-0845 Fax: (202) 616-8470 vinita.b.andrapalliyal@usdoj.gov
Counsel for Defendants

 
 CLOSED,CONSOL,TYPE I−FOIA
U.S. District Court District of Columbia (Washington, DC) CIVIL DOCKET FOR CASE #: 1:17−cv−00814−TJK

PROTECT DEMOCRACY PROJECT, INC. v. OFFICE OF MANAGEMENT AND BUDGET Assigned to: Judge Timothy J. Kelly Case: 1:17−cv−00815−TJK Cause: 05:552 Freedom of Information Act
Plaintiff

Date Filed: 05/02/2017 Date Terminated: 05/07/2019 Jury Demand: None Nature of Suit: 895 Freedom of Information Act Jurisdiction: U.S. Government Defendant

PROTECT DEMOCRACY PROJECT, INC.

represented by Allison F. Murphy PROTECT DEMOCRACY PROJECT 2020 Pennsylvania Ave. NW Suite #163 Washington, DC 20006 202−579−4582 Email: allison.murphy@protectdemocracy.org TERMINATED: 08/01/2018 LEAD ATTORNEY

Justin G. Florence PROTECT DEMOCRACY 15 Main Street Suite 312 Watertown, MA 02472 202−774−4234 Email: justin.florence@protectdemocracy.org LEAD ATTORNEY ATTORNEY TO BE NOTICED

V. Defendant OFFICE OF MANAGEMENT AND BUDGET
Defendant

represented by Matthew Joseph Berns NEW JERSEY DEPARTMENT OF LAW AND PUBLIC SAFETY Richard J. Hughes Justice Complex 25 Market Street 8th Floor, West Wing Trenton, NJ 08625−0080 (202) 616−8016 Fax: (202) 616−8470 Email: matthew.j.berns@usdoj.gov TERMINATED: 02/08/2018 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Vinita B. Andrapalliyal U.S. DEPARTMENT OF JUSTICE Civil Division, Federal Programs Branch 1100 L Street NW Washington, DC 20005 (202) 305−0845 Fax: (202) 616−8470 Email: vinita.b.andrapalliyal@usdoj.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

DEPARTMENT OF JUSTICE 17cv815

represented by Matthew Joseph Berns (See above for address) TERMINATED: 02/08/2018 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Vinita B. Andrapalliyal (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed 05/02/2017
05/02/2017 05/03/2017 05/03/2017 05/03/2017 05/13/2017
05/13/2017 05/15/2017 06/02/2017
06/09/2017 06/09/2017 06/09/2017 06/12/2017

# Docket Text
1 COMPLAINT against OFFICE OF MANAGEMENT AND BUDGET ( Filing fee $ 400 receipt number 0090−4937287) filed by PROTECT DEMOCRACY PROJECT, INC.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Civil Cover Sheet, # 4 Summons)(Murphy, Allison) (Entered: 05/02/2017)
Case Assigned to Judge Amit P. Mehta. (jd) (Entered: 05/03/2017)
2 NOTICE Certificate LCvR 7.1 by PROTECT DEMOCRACY PROJECT, INC. re 1 Complaint, (Murphy, Allison) (Entered: 05/03/2017)
3 SUMMONS (1) Issued Electronically as to OFFICE OF MANAGEMENT AND BUDGET. (Attachment: # 1 Consent Forms)(jd) (Entered: 05/03/2017)
4 LCvR 7.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by PROTECT DEMOCRACY PROJECT, INC.;(See docket entry no. 2 to view document.) (td) (Entered: 05/04/2017)
5 REQUEST FOR SUMMONS TO ISSUE re 1 Complaint, filed by PROTECT DEMOCRACY PROJECT, INC.. Related document: 1 Complaint, filed by PROTECT DEMOCRACY PROJECT, INC.. (Attachments: # 1 Complaint)(Murphy, Allison) (Entered: 05/13/2017)
6 REQUEST FOR SUMMONS TO ISSUE re 1 Complaint, filed by PROTECT DEMOCRACY PROJECT, INC.. Related document: 1 Complaint, filed by PROTECT DEMOCRACY PROJECT, INC..(Murphy, Allison) (Entered: 05/13/2017)
7 SUMMONS (2) Issued Electronically as to, U.S. Attorney and U.S. Attorney General (jf) (Entered: 05/15/2017)
8 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 5/25/2017. ( Answer due for ALL FEDERAL DEFENDANTS by 6/24/2017.), RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 5/22/2017., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. OFFICE OF MANAGEMENT AND BUDGET served on 5/23/2017 (Murphy, Allison) (Main Document 8 replaced on 6/5/2017) (jf). (Entered: 06/02/2017)
9 NOTICE of Appearance by Matthew Joseph Berns on behalf of OFFICE OF MANAGEMENT AND BUDGET (Berns, Matthew) (Entered: 06/09/2017)
10 NOTICE OF RELATED CASE by All Defendants. Case related to Case No. 1:17−cv−00815. (Berns, Matthew) (Entered: 06/09/2017)
11 Unopposed MOTION to Consolidate Cases by OFFICE OF MANAGEMENT AND BUDGET (Attachments: # 1 Text of Proposed Order)(Berns, Matthew) (Entered: 06/09/2017)
MINUTE ORDER granting 11 Defendant's Unopposed Motion to Consolidate Related Cases. It is hereby ordered that the later−numbered case, Protect Democracy Project v. Department of Justice, No. 1:17−cv−00815−BAH, shall be reassigned in accordance with Local Rule 40.5(c). Signed by Judge Amit P. Mehta on 06/12/2017. (lcapm3) (Entered: 06/12/2017)

06/12/2017
06/21/2017 06/21/2017 06/22/2017
06/22/2017 07/06/2017 07/10/2017
08/08/2017 09/12/2017 09/19/2017 10/10/2017 11/14/2017 12/12/2017 01/08/2018 02/08/2018
02/13/2018 03/13/2018 04/10/2018 05/08/2018 06/12/2018

CASES CONSOLIDATED. Case 17−cv−814 and 17−cv−815 have been consolidated pursuant to Minute Order filed 6/12/17. From this date forward all pleadings shall be filed ONLY in lead case number 17−cv−814 APM. The parties are advised NOT to elect to SPREAD text when filing in ECF, as this will result in repetitive docketing and emails.(td) (Entered: 06/15/2017)
12 ANSWER to Complaint by OFFICE OF MANAGEMENT AND BUDGET.(Berns, Matthew) (Entered: 06/21/2017)
13 ANSWER to Complaint filed in Docket No. 1:17−cv−815 by DEPARTMENT OF JUSTICE.(Berns, Matthew) (Entered: 06/21/2017)
14 ORDER: Both a Complaint and Answers are now before the court in this FOIA case. It is hereby ordered that the parties shall meet and confer and file a Joint Status Report on or before July 6, 2017. See attached Order for additional details. Signed by Judge Amit P. Mehta on 06/22/2017. (lcapm3) (Entered: 06/22/2017)
Set/Reset Deadlines/Hearings: Joint Status Report due by 7/6/2017. (cdw) (Entered: 06/23/2017)
15 Joint STATUS REPORT by DEPARTMENT OF JUSTICE, OFFICE OF MANAGEMENT AND BUDGET. (Berns, Matthew) (Entered: 07/06/2017)
MINUTE ORDER. In light of 15 the parties' Joint Status Report, the parties shall file a subsequent Joint Status Report on or before August 8, 2017, and the parties shall file Joint Status Reports on the second Tuesday of every month thereafter until further order of the court. Signed by Judge Amit P. Mehta on 07/10/2017. (lcapm3) (Entered: 07/10/2017)
16 Joint STATUS REPORT by DEPARTMENT OF JUSTICE, OFFICE OF MANAGEMENT AND BUDGET. (Berns, Matthew) (Entered: 08/08/2017)
17 Joint STATUS REPORT by DEPARTMENT OF JUSTICE, OFFICE OF MANAGEMENT AND BUDGET. (Berns, Matthew) (Entered: 09/12/2017)
Case directly reassigned to Judge Timothy J. Kelly. Judge Amit P. Mehta is no longer assigned to the case. (ztnr) (Entered: 09/19/2017)
18 Joint STATUS REPORT by DEPARTMENT OF JUSTICE, OFFICE OF MANAGEMENT AND BUDGET. (Berns, Matthew) (Entered: 10/10/2017)
19 Joint STATUS REPORT by DEPARTMENT OF JUSTICE, OFFICE OF MANAGEMENT AND BUDGET. (Berns, Matthew) (Entered: 11/14/2017)
20 Joint STATUS REPORT by DEPARTMENT OF JUSTICE, OFFICE OF MANAGEMENT AND BUDGET. (Berns, Matthew) (Entered: 12/12/2017)
21 Joint STATUS REPORT by PROTECT DEMOCRACY PROJECT, INC.. (Murphy, Allison) (Entered: 01/08/2018)
22 NOTICE OF SUBSTITUTION OF COUNSEL by Vinita Balakrishnan Andrapalliyal on behalf of DEPARTMENT OF JUSTICE, OFFICE OF MANAGEMENT AND BUDGET Substituting for attorney Matthew J. Berns (Andrapalliyal, Vinita) (Entered: 02/08/2018)
23 Joint STATUS REPORT by DEPARTMENT OF JUSTICE, OFFICE OF MANAGEMENT AND BUDGET. (Andrapalliyal, Vinita) (Entered: 02/13/2018)
24 Joint STATUS REPORT by DEPARTMENT OF JUSTICE, OFFICE OF MANAGEMENT AND BUDGET. (Andrapalliyal, Vinita) (Entered: 03/13/2018)
25 Joint STATUS REPORT by DEPARTMENT OF JUSTICE, OFFICE OF MANAGEMENT AND BUDGET. (Andrapalliyal, Vinita) (Entered: 04/10/2018)
26 Joint STATUS REPORT by DEPARTMENT OF JUSTICE, OFFICE OF MANAGEMENT AND BUDGET. (Andrapalliyal, Vinita) (Entered: 05/08/2018)
27 Joint STATUS REPORT by DEPARTMENT OF JUSTICE, OFFICE OF MANAGEMENT AND BUDGET. (Andrapalliyal, Vinita) (Entered: 06/12/2018)

07/10/2018 08/01/2018 08/01/2018 08/14/2018 08/14/2018 09/11/2018 10/05/2018 11/13/2018 12/11/2018 01/04/2019
01/07/2019
01/30/2019 01/31/2019
03/12/2019 04/09/2019 05/07/2019

28 Joint STATUS REPORT by DEPARTMENT OF JUSTICE, OFFICE OF MANAGEMENT AND BUDGET. (Andrapalliyal, Vinita) (Entered: 07/10/2018)
29 NOTICE OF WITHDRAWAL OF APPEARANCE as to PROTECT DEMOCRACY PROJECT, INC.. Attorney Allison F. Murphy terminated. (Murphy, Allison) (Entered: 08/01/2018)
30 NOTICE of Appearance by Justin G. Florence on behalf of PROTECT DEMOCRACY PROJECT, INC. (Florence, Justin) (Entered: 08/01/2018)
31 NOTICE of Appearance by Justin G. Florence on behalf of PROTECT DEMOCRACY PROJECT, INC. (Florence, Justin) (Entered: 08/14/2018)
32 Joint STATUS REPORT by DEPARTMENT OF JUSTICE, OFFICE OF MANAGEMENT AND BUDGET. (Andrapalliyal, Vinita) (Entered: 08/14/2018)
33 Joint STATUS REPORT by DEPARTMENT OF JUSTICE, OFFICE OF MANAGEMENT AND BUDGET. (Andrapalliyal, Vinita) (Entered: 09/11/2018)
34 Joint STATUS REPORT by DEPARTMENT OF JUSTICE, OFFICE OF MANAGEMENT AND BUDGET. (Andrapalliyal, Vinita) (Entered: 10/05/2018)
35 Joint STATUS REPORT by DEPARTMENT OF JUSTICE, OFFICE OF MANAGEMENT AND BUDGET. (Andrapalliyal, Vinita) (Entered: 11/13/2018)
36 Joint STATUS REPORT by DEPARTMENT OF JUSTICE, OFFICE OF MANAGEMENT AND BUDGET. (Andrapalliyal, Vinita) (Entered: 12/11/2018)
37 Unopposed MOTION to Stay Joint Status Report Deadline in Light of Lapse of Appropriations by DEPARTMENT OF JUSTICE, OFFICE OF MANAGEMENT AND BUDGET (Attachments: # 1 Text of Proposed Order)(Andrapalliyal, Vinita) (Entered: 01/04/2019)
MINUTE ORDER granting Defendants' 37 Consent Motion to Stay. These cases shall be stayed until further order of the Court. It is further ordered that the parties shall file a joint status report within three days after funding is restored for the Department of Justice. Signed by Judge Timothy J. Kelly on 1/7/2019. (lctjk1) (Entered: 01/07/2019)
38 Joint STATUS REPORT by DEPARTMENT OF JUSTICE, OFFICE OF MANAGEMENT AND BUDGET. (Andrapalliyal, Vinita) (Entered: 01/30/2019)
MINUTE ORDER: In light of the parties' Joint Status Report, it is hereby ORDERED that the parties shall file their next joint status report on or before March 12, 2019. It is further ORDERED that the parties shall continue to file joint status reports on the second Tuesday of every month thereafter pursuant to the Court's July 10, 2017 minute order. It is further ORDERED that the stay in these cases is LIFTED. Signed by Judge Timothy J. Kelly on 1/31/2019. (lctjk1) (Entered: 01/31/2019)
39 Joint STATUS REPORT by DEPARTMENT OF JUSTICE, OFFICE OF MANAGEMENT AND BUDGET. (Andrapalliyal, Vinita) (Entered: 03/12/2019)
40 Joint STATUS REPORT by DEPARTMENT OF JUSTICE, OFFICE OF MANAGEMENT AND BUDGET. (Andrapalliyal, Vinita) (Entered: 04/09/2019)
41 STIPULATION of Dismissal Federal Rule of Civil Procedure 41(a)(1)(A)(ii) by DEPARTMENT OF JUSTICE, OFFICE OF MANAGEMENT AND BUDGET. (Andrapalliyal, Vinita) (Entered: 05/07/2019)