Case 1:15-cv-00123-RC Document 13 Filed 05/26/15 Page 1 of 4

UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLUMBIA
JASON LEOPOLD,
Plaintiff,
v.

Civil Action No. 15-cv-123 (RC)

U.S. DEPARTMENT OF STATE,

Defendant.
NOTICE IN RESPONSE TO COURTS ORDER OF MAY 19, 2015
Defendant United States Department of State (the Department) respectfully submits
this Notice in response to the Courts minute order of May 19, 2015.
Background
On May 19, 2015, the Court held a status conference to address (1) the schedule for
production of non-exempt portions of approximately 30,000 emails, comprising approximately
55,000 pages, provided to the Department by former Secretary of State Clinton (the emails);
and (2) the status of the parties attempt to narrow other aspects of Plaintiffs FOIA request.
In connection with this status conference, the Department filed a Declaration by John F.
Hackett, Acting Director of the Office of Information Programs and Services of the U.S.
Department of State (the Hackett Declaration). ECF No. 12-1. The Hackett Declaration
explained the various complexities involved with reviewing and processing the emails and set
forth the Departments plan for that review and processing. The Department proposed that it
post the releasable portions of the email collection at the conclusion of its review to facilitate
consistency in the application of FOIA exemptions and the publics access to and understanding
of the documents, and proposed a release date of January 15, 2016.
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At the status conference, the Court acknowledged the importance of ensuring the
consistency and appropriateness of redactions but also noted the importance of rapidity in FOIA
releases. The Court ordered the Department to file a notice proposing a schedule for production
of the emails that includes updates from counsel for the Department every 60 days and rolling
productions, and a proposed deadline for production of the emails relating to Benghazi. The
Court also ordered the Department to include with that notice a proposed order encapsulating the
parties agreement on the narrowing of Plaintiffs requests for records beyond Secretary
Clintons emails.
Rolling Production of the Emails
The first production of emails, consisting of the 296 emails responsive to requests of the
House Select Committee on Benghazi, was made on May 22, 2015, when the Department posted
those emails on its FOIA website. The Department proposes that it make its next production of
non-exempt portions of the emails by posting them on the website on June 30, 2015, and that it
make rolling productions in the same way every 60 days thereafter. The Department will strive
to produce as many documents as possible on each production date, and will file a status report
one week after each production to inform the Court of the number of pages posted.
The Department is keenly aware of the intense public interest in the documents and wants
to get releasable materials out as soon as possible. Accordingly, it is committed to reallocating
further resources to accommodate the additional effort required by rolling productions so that it
can still complete the production on or before the Departments initial proposed deadline of
January 15, 2016. Further, the Department will continue to explore ways to devote more
resources to this effort, consistent with its other obligations, to complete the review even earlier.
If, based on those efforts, the Department is able to provide an earlier estimated completion date,
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it will notify the Court. A proposed order reflecting this proposal is included with this Notice as
Attachment 1.
The Parties Agreement Concerning Other Searches
After the status conference, the parties engaged in further discussions regarding searches
for records beyond the Secretary Clinton emails. Included with this Notice as Attachment 2 is a
proposed order encapsulating the parties agreement arising from those discussions.
Undersigned counsel has shared this proposed order with counsel for Plaintiff, who agrees that it
accurately encapsulates the parties agreement. The agreement narrows the scope of Plaintiffs
FOIA request and contemplates that the Department will begin searches for records, other than
the Secretary Clinton emails, on or before June 1, 2015, and that the first production of such
records will occur on or before September 1, 2015. Because the Department, per the agreement,
has not yet begun searches for records beyond the Secretary Clinton emails, and thus does not
yet know the scope of material to be reviewed for responsiveness, the proposed order
contemplates that the parties shall confer regarding the schedule for subsequent rolling
productions of records other than the Secretary Clinton emails and report the results of their
discussion on or before September 8, 2015.

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Date: May 26, 2015

Respectfully submitted,
BENJAMIN C. MIZER
Principal Deputy Assistant Attorney General
MARCIA BERMAN
Assistant Branch Director
/s/ Robert J. Prince
ROBERT J. PRINCE (D.C. Bar No. 975545)
United States Department of Justice
Civil Division, Federal Programs Branch
20 Massachusetts Ave., N.W.
Washington, DC 20530
Tel: (202) 305-3654
robert.prince@usdoj.gov
Counsel for Defendant

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