Professional Documents
Culture Documents
Exemptions
Description
Email Chain #1
1.1
2011
(b)(1 ), (b)(5)
1.2
2011
(b)(l), (b)(5)
Email Chain #2
2.1
2011
(b)(l), (b)(5)
2.2
2011
(b)(l), (b)(5)
2.3
2011
(b)(l), (b)(5)
2.4
2011
(b)(1 ), (b)(5)
2.5
2011
(b)(l), (b)(5)
2.6
2011
(b)(l), (b)(5)
2.7
2011
(b)(l), (b)(5)
Email Chain #3
3.1
2011
(b)(l)
3.2
2011
(b)(l)
Email Chain #4
4.1
2011
(b)(l), (b)(5)
4.2
2011
(b)(1 ), (b)(5)
4.3
2011
(b)(l), (b)(5)
4.4
2011
(b)(1 ), (b)(5)
4.5
2011
(b)(l), (b)(5)
Email Chain #5
5.1
2012
(b)(l), (b)(5)
5.2
2012
(b)(l), (b)(5)
5.3
2012
(b)(l), (b)(5)
5.4
2012
(b )(1 ), (b )(5)
Email Chain #6
6.1
2011
(b)(l)
Email Chain #7
7.1
2012
(b)(l), (b)(5)
In its Order of May 27, 2015 (ECF No. 16) (Scheduling Order), the Court
entered the parties proposed order that, among other things, limited the FOIA request at issue in
this case to the Narrowed FOIA Request, consisting of (1) All records provided to the
Department of State by former Secretary of State Clinton as described in Paragraph 10 of the
Declaration of John F. Hackett (ECF No. 12-1) (the Clinton Emails);1 and (2) All records
from the files of former Secretary Clinton, Philippe Reines, Huma Abedin, Cheryl Mills, each
person who served as the Counselor to the Secretary from January 21, 2009 to February 1, 2013,
and each person who served as a Deputy Secretary of State (both (D) and (D-MR)) from January
21, 2009, to February 1, 2013, that are regarding or related to eleven enumerated topics.
Scheduling Order at 1-2.
2.
On March 1, 2016, State reported that it had completed processing of Part 1 of the
Narrowed FOIA Request, having completed its review and public release of the non-exempt
portions of the Clinton Emails. Def.s Status Rep. 1 (Mar. 1, 2016) (ECF No. 58).2
3.
of the Narrowed FOIA Request is ongoing. To date, State has exceeded the monthly review
goals set forth by the Court in its scheduling orders (ECF Nos. 44 & 64) and reviewed in excess
of 16,000 pages of documents potentially responsive to Part 2 of the Narrowed FOIA Request.
See Defs Status Report of July 8, 2015 (ECF No. 67). Despite the volume of documents
potentially responsive to Part 2 that State has already reviewed, a very large percentage of the
work remains to be done.
4.
Because processing of Part 2 of the Narrowed FOIA Request will continue for
some time, the parties respectfully propose that bifurcated summary judgment briefing is
appropriate to avoid unnecessary delay in resolution of the issues related to Part 1. To this end,
the parties have engaged in discussions regarding an appropriate briefing procedure.
5.
The parties have conferred to limit the issues to be litigated by the parties with
respect to Part 1 of the Narrowed FOIA Request. In the interest of a quicker resolution of this
State reported that it excluded from review a number of the Clinton Emails that it had identified, in consultation
with the National Archives and Records Administration, as entirely personal correspondence, that is, documents
that are not federal records and thus that are not subject to the FOIA. Def.s Status Rep. 1 (Mar. 1, 2016).
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aspect of the case, Mr. Leopold has agreed to waive all challenges regarding States processing
of Part 1 except for challenges with respect to the following issues:
a.
top secret;
b.
former Secretary Clinton and the President of the United States; and
c.
The parties have agreed that State will provide to Mr. Leopold a substantially
complete Vaughn index for the documents described in 5.a, supra, on July 22, 2016 and a
Vaughn index for the documents described in 5.b, supra, by September 15, 2016.
7.
The parties will continue to confer regarding the adequacy of States search for
records responsive to Part 1 of the Narrowed FOIA Request in an attempt to further limit the
issues that must be litigated.
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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
JEFFREY L. LIGHT
D.C. Bar #485360
1712 Eye St., NW
Suite 915
Washington, DC 20006
(202) 277-6213
jeffrey@lawofficeofjeffreylight.com
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