2020 Pennsylvania Ave NW

#163
Washington, DC 20006
Fax: (929) 777-8428  
INFO@protectdemocracy.org

FAX
To Whom It May Concern:

Please see the enclosed fax transmission from The Protect Democracy Project. If you have questions
about the contents of the fax, please contact us at INFO@protectdemocracy.org or via phone at (202)
599-0466.

We appreciate your prompt attention to this matter, and look forward to hearing from you soon.

Sincerely,

Ian Bassin
Protect Democracy Project
 June 11, 2017

USTR FOIA Office, GSD/RDF

Attn: Chief FOIA Officer Janice Kaye
Anacostia Naval Annex, Bldg. 410/Door 123
250 Murray Lane, S.W.
Washington, D.C. 20509
Fax: (202) 395-9458

Re: Freedom of Information Act Request

Dear FOIA Officer:

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. The current guidance, directive, memorandum, or policy governing communications

between the Executive Office of the President and federal agencies and departments.
This request seeks to identify the current version of or, if a replacement exists, any
replacement or replacements for the Memorandum for All White House Staff from
Kathryn Ruemmler, Counsel to the President, dated Mar. 23, 2012, with the subject of
Prohibited Contacts with Agencies and Departments. This request includes, but is not
limited to, the Memorandum from Don McGahn, Counsel to the President, to all White
House Staff, dated Jan. 27, 2017, with the subject of Communications Restrictions with
Personnel at the Department of Justice, and any other versions or amendments thereto.

2. Any and all records created or transmitted by or between the United States Trade
Representative staff and White House staff, that include, reference, attach, or in any way
relate to:
a. the requested records above in part (1);
b. Memorandum for All White House Staff from Kathryn Ruemmler, Counsel to the
President, dated Mar. 23, 2012, with the subject of Prohibited Contacts with
Agencies and Departments;
c. Memorandum from Don McGahn, Counsel to the President, to all White House
Staff, dated Jan. 27, 2017, with the subject of Communications Restrictions with
Personnel at the Department of Justice;

2020 Pennsylvania Avenue, NW, #163, Washington, DC 20006

FOIA@protectdemocracy.org

1
 d. Memorandum for Heads of Department Components and All U.S. Attorneys,
from Eric Holder, dated May 11, 2009, with the subject of Communications with
the White House and Congress;
e. Memorandum for Heads of Department Components and U.S. Attorneys, from
Michael B. Mukasey, dated Dec. 19, 2007, Communications with the White
House; or
f. Article written by Isaac Arnsdorf of Politico with the title, Priebus Talk with FBI
Appears to Break White House Rules, on March 17, 2017, at
http://www.politico.com/story/2017/03/reince-priebus-fbi-discussion-white-
house-rules-236192

3. In addition to the records requested above, we also request records describing the
processing of this request, including records sufficient to identify search terms used and
locations and custodians searched, and any tracking sheets used to track the processing of
this request. If your agency uses FOIA questionnaires or certifications completed by
individual custodians or components to determine whether they possess responsive
materials or to describe how they conducted searches, we also request any such records
prepared in connection with the processing of this request.

The timeframe for this request is January 20, 2016 through the date that searches are conducted
for records responsive to this FOIA request.

FEE WAIVER

FOIA provides that any fees associated with a request are 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(a)(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 disseminate information that is likely to
contribute significantly to the public understanding of executive branch operations and activities.
The Protect Democracy Project has no commercial interests.

In addition to satisfying the requirements for a waiver of fees associated with the search
and processing of records, The Protect Democracy Project is entitled to a waiver of all fees
except “reasonable standard charges for document duplication.” 5 U.S.C. § 552(a)(4)(A)(ii)(II).
Federal law mandates that fees be limited to document duplication costs for any requester that
qualifies as a representative of the news media. Id. The Protect Democracy Project operates in
the tradition of 501(c)(3) good government organizations that qualify under FOIA as “news
media organizations.” Like those 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.” Nat’s Sec.
Archive v. Dep’t of Defense, 880 F.2d 1381, 1387 (D.C. Cir. 1989). Indeed, The Protect

2020 Pennsylvania Avenue, NW, #163, Washington, DC 20006

FOIA@protectdemocracy.org

2
Democracy Project has routinely demonstrated the ability to disseminate information about its
FOIA requests to a wide audience.1 The Protect Democracy Project will disseminate information
and analysis about this request – and any information obtained in response – through its website
(protectdemocracy.org); its Twitter feed (https://twitter.com/protctdemocracy), which has more
than 9,000 followers; its email list of approximately 20,000 people; and sharing information with
other members of the press.

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 media and formats. This includes, but is not
limited to: agendas, manifests, calendars, schedules, notes, and any prepared documentation for
meetings, calls, teleconferences, or other discussions responsive to our request; voicemails; e-
mails; e-mail attachments; talking points; faxes; training documents and guides; tables of
contents and contents of binders; documents pertaining to instruction and coordination of
couriers; and any other materials. However, you need not produce press clippings and news
articles that are unaccompanied by any commentary (e.g., an email forwarding a news article
with no additional commentary in the email thread).

We ask that you search for records from all components of the United States Trade
Representative staff that are reasonably likely to contain responsive records. We also ask that
you search all systems of record, including electronic and paper, in use at your agency, as well as
files or emails in the personal custody of your employees, such as personal email accounts, as
required by FOIA and to the extent that they are reasonably likely to contain responsive records.
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

1 See, e.g., Lisa Rein, Watchdog Group, Citing “Integrity of Civil Service,” Sues Trump to Find
out if Feds are Being Bullied, Wash. Post, Apr. 27, 2017,
https://www.washingtonpost.com/news/powerpost/wp/2017/04/27/watchdog-group-citing-
integrity-of-civil-service-sues-trump-to-find-out-if-feds-are-being-
bullied/?utm_term=.8647ab128f3e; Ben Berwick, Going to Court for Civil Servants, Take Care,
April 28, 2017, https://takecareblog.com/blog/going-to-court-for-civil-servants; Charlie Savage,
Watchdog Group Sues Trump Administration, Seeking Legal Rationale Behind Syria Strike, N.Y.
Times, May 8, 2017, https://nyti.ms/2pX82OV; Justin Florence, What’s the Legal Basis for the
Syria Strikes? The Administration Must Acknowledge Limits on its Power to Start a War,
Lawfare, May 8, 2017, https://www.lawfareblog.com/whats-legal-basis-syria-strikes-
administration-must-acknowledge-limits-its-power-start-war.

2020 Pennsylvania Avenue, NW, #163, Washington, DC 20006

FOIA@protectdemocracy.org

3
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 that the remainder of the
record to be provided, as required by 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 me at FOIA@protectdemocracy.org or
(202) 599-0466 if you require any additional information. We appreciate your cooperation, and
look forward to hearing from you very soon.

Sincerely,

Allison F. Murphy
Counsel
The Protect Democracy Project

2020 Pennsylvania Avenue, NW, #163, Washington, DC 20006

FOIA@protectdemocracy.org

4
7/19/2017 United to Protect Democracy Mail - RE: USTR FOIA FY17-93

FOIA Inbox <foia@protectdemocracy.org>

RE: USTR FOIA FY17­93 
2 messages

Ricker, Monique T. EOP/USTR <Monique_T_Ricker@ustr.eop.gov> Wed, Jul 19, 2017 at 2:51 PM
To: "foia@protectdemocracy.org" <foia@protectdemocracy.org>
Cc: FN­USTR­FOIA <FN­USTR­FOIA@ustr.eop.gov>

Ms. Murphy, 

This email is the final response of the Office of the United States Trade Representative (USTR) to the Freedom of
Information Act (FOIA) (FOIA No.) submitted on June 11, 2017 and received by the FOIA Office on June 23, 2017. 

After a search of our files, we have located one responsive document totaling 2 pages, which is being released to you in
its entirety. 

If you have any questions, please contact me or my colleague Melissa Keppel by email at FOIA@ustr.eop.gov or 202­
395­3419. 

Thank you, 
Monique 

Monique T. Ricker 
FOIA Program Manager/Attorney 

EXECUTIVE OFFICE OF THE PRESIDENT 
OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE 
WASHINGTON DC 20508 

FY17­93, Memo to Staff re DOJ Communications 1.27.2017.pdf 
68K

FOIA Inbox <foia@protectdemocracy.org> Wed, Jul 19, 2017 at 11:05 PM
To: Allison Murphy <allison.murphy@protectdemocracy.org>

FYI ­ will be noting on the tracker and saving in the drive.
[Quoted text hidden]

FY17­93, Memo to Staff re DOJ Communications 1.27.2017.pdf 
68K

https://mail.google.com/mail/u/2/?ui=2&ik=bb4413d8a0&jsver=qNcEVBmGY9Q.en.&view=pt&search=inbox&th=15d5df503b6a3689&siml=15d5c30d8940bb24&… 1/1
 THE WHITE HOUSE
WASHINGTON

January 27, 2017

MEMORANDUM TO ALL WHITE HOUSE STAFF

FROM: Donald F. McGahn II – Counsel to the President

SUBJECT: Communications Restrictions with Personnel at the Department of Justice

This Memorandum outlines important rules and procedures regarding communications between
the White House (including all components of the Executive Office of the President) and the
Department of Justice. These rules exist to ensure both efficient execution of the Administration’s
policies and the highest level of integrity with respect to civil or criminal enforcement proceedings
handled by DOJ. In order to ensure that DOJ exercises its investigatory and prosecutorial
functions free from the fact or appearance of improper political influence, these rules must be
strictly followed.

A. Limitations on discussing ongoing or contemplated cases or investigations

DOJ currently advises the White House about contemplated or pending investigations or
enforcement actions under specific guidelines issued by the Attorney General. As a general matter,
only the President, Vice President, Counsel to the President, and designees of the Counsel to the
President may be involved in such communications. These individuals may designate subordinates
to engage in ongoing contacts about a particular matter with counterparts at DOJ similarly
designated by DOJ. Any ongoing contacts pursuant to such a designation should be handled in
conjunction with a representative of the Counsel’s office.

The White House often coordinates more broadly with DOJ (including its Office of Legal Counsel,
Office of the Solicitor General, and Civil Division) where the government is or may be a defendant
in litigation. These communications must first be cleared by the Counsel’s Office.

If DOJ requests the views of the White House on any litigation, you must consult with the
Counsel’s Office before responding, and any response must be made in consultation with the
Counsel’s Office. This ensures that the White House provides a coherent response that takes
account of both the Counsel’s Office legal views and the President’s broader policy objectives.

Communications with DOJ about individual cases or investigations should be routed through the
Attorney General, Deputy Attorney General, Associate Attorney General, or Solicitor General,
unless the Counsel’s Office approves different procedures for the specific case at issue. In their
discretion, and as appropriate for the handling of individual cases, those DOJ officials may
authorize additional DOJ attorneys to discuss individual cases or investigations with members of
the Counsel’s Office. The President, Vice President, Counsel to the President, and Deputy Counsel
to the President are the only White House individuals who may initiate a conversation with DOJ
about a specific case or investigation.

1
These rules recognize the President’s constitutional obligation to take care that the laws of the
United States are faithfully executed, while ensuring maximum public confidence that those laws
are administered and applied impartially in individual investigations or cases.

B. Limitations on discussing other matters

The White House may communicate with DOJ about matters of policy, legislation, budgeting,
political appointments, public affairs, intergovernmental relations, administrative matters, or other
matters that do not relate to a particular contemplated or pending investigation or case. You must
route these communications through the offices of the Attorney General, Deputy Attorney General,
or Associate Attorney General unless you have received clearance from the Counsel’s office to
follow different procedures.

C. Restrictions on soliciting an OLC opinion

The White House often relies upon the Office of Legal Counsel to issue formal legal opinions.
Requests for such opinions must be limited to specific legal questions impacting particular matters
before the Executive Branch. Such requests must be authorized by the President, the Vice
President, the Counsel to the President, or a Deputy Counsel to the President. These individuals
may also designate others who may engage in ongoing contacts with OLC where a request for a
formal legal opinion has been authorized. If this designation extends to individuals outside the
Counsel’s Office, it should be in writing, and the ongoing contacts should be handled in
conjunction with a member of the Counsel’s office. All requests for an OLC opinion shall be
directed to the Attorney General, the Assistant Attorney General for OLC, or one of their
designees.

D. National Security Exceptions

Frequent communications between the White House and DOJ will be necessary on matters of
national security and intelligence, including counter-terrorism and counter-espionage issues.
Accordingly, communications that relate to urgent and ongoing national-security matters may be
handled by specifically designated individuals. This exception does not relate to a particular
contemplated or pending investigation or case absent written authorization from the Counsel to the
President. In emergencies for which application of these procedures would pose a serious threat
to national security, White House personnel may receive from DOJ communications necessary to
protect against such threats. The Counsel to the President shall be informed about any such
contacts as promptly as is practicable.

E. Consultation

If you have any questions or do not believe that a potential contact with DOJ fits neatly into any
of these categories, you must consult the Counsel’s office for guidance. Moreover, unless you are
certain that the particular contact is permissible, you must consult with the Counsel’s Office before
proceeding.