Professional Documents
Culture Documents
Department of Justice
Washington, D. C. 20530
January 2, 2018
Ian Bassin
Executive Director
The Protect Democracy Project
FOIA.protectdemocracy@gmail.com
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
2
Hart, Rosemary (OLC)
Here is the list we are working from now. We have not received will get it soon and will
send to Qlml as it is modeled after•O>Ja or getting that today and will send to
tm1D
(b) (5)
[UJltiJ]- FINAL.docx;
EWW-REVJSED.docx
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}< (b)(6) • ; Hart, Rosemary (Ol e}
<
Subject: RE: F&ls
I think, but am not sure, that t his is a ll my remaining F&ls except the one on (b) (5)
llllllf:>mlllll for wh ich I' m still w ait ing resolution of (b) (5) If I' m missing any, ple ase
le t me know.
Great. Thanks!
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.
Hey, that's great. If all of them are that clean, we'll be In good shape!
(b) (5)
Here is (b) (5) with one nit, and its corresponding F&L
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
Thanks,
Rosemary
·--
Sent: Monday, January 23, 2017 11:27 PM
To:
Subject: FW: Executive Orders on Immigration
Attachments: (b) (5)
REVISEDtl l ldocx
(b) (5)
Thanks!
From: rM U)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.
We just got off the phone with WHCO and are w rapping things up. Should be out of here soon.
In the morning, we can assess where we are on immigration. I think a sEO 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 .
This makes qne other change thatO:>m,oticed; I don't know whether you've already sent these back.
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?
Thanks very much, Rosemary. I' m working to get some clarity on t he rest of the week. Will let you know.
Stewart: IIIJ and I are focusing on immigration today, of course. I think we have issues with only two -
(b)(5)
But, looking ahead 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
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)
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.
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.
duplicate
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)
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
-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
• Here are yours. They may change (b) (5) For (b) (5)
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
- 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
--Original Message- -
From: Hart, Rosemary {OLC)
Sent: Tuesday, January 24, 2017 2:23 PM
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
(b) (5)
Rosemary: Here' s what we have for tonight (minus Ills (b) (5)
•mJBJlland mvEJBanemo}.
- 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
OnlO>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
- Original Message--
From: Hart, Rosemary (OLC)
Hi all. We've got the list of docume nts tentatively s,eheduled for signature on Friday:
(b) (5)
-
1.
2.
3.
4.
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
will try to have paperwork signed as early on Thursday as we can.
Rosemary
This is the latest redline, but I met with. a go over her comments yesterday and she was going to redraft.
Please don't send this out until I check with her 011 an updated version. She got sidetracked yesterday
focusing on (b) (5)
duplicate
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) D ad sent it yesterday, but it was sent
with the others and I focused on the ones signed today.
RH
- 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
-Original Message--
From: OLC}
Sent: Tuesday, January 24, 2017 3:52 PM
Perfect- thanks!
Send this one. Took care of a nit and attributed comments to OLC.
Curtis - John Bash let me know that this is the forecast for tomorrow and Friday {and at least part of early
next week}:
On Jan 25, 2017, at 6:19 PM, Hart, Rosemary (OLC) <~ wrote:
(b) (6)
From: amJm•
Sent: Wednesday, January 25, 2017 6:19 PM
To: Hart, Rosemary (OlC) ~
Subject: RE: Friday signings... CHANGE IN PLANS!
From: MG>IGIJI
Sent: Wednesday, January 25, 2017 6:16 PM
To: Hart, Rosemary (Ole) c (b)(6) "
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!
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:
> On Jan 25, 2017, at 11:04 PM, Stewart, Scott (OLC) < (b) (6) • wrote:
>
> Their passback on the Friday immigration EO.
>
Sounds good.
(b) (6)
Attorney-Adviser
<
-
Office of Legal Counsel
(b) (6)
On Jan 25, 2017, at 11:14 PM, Hart, Rosemary {OLC) wrote:
That works. By then I should be able to send you a few minor changes to the draft.
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?
I'm a doofus-losing track of too many similar provisions. Never mind, and thank you!
(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)
(b) (5)
Orisitl&@;
From: (b)(6) Ole}
Sent: Thursday, January 26,, 201710:19 AM
To: (Ole)< (b) (6) ·
Subject: EO
You looked at this section, I think. Is this the right reference? (b) (5)
HI Scott.
a nd I have been emailing back and forth this morning on the (b)(S) EO. We should have a
final redline (mostly technical) within the hour.
I am reviewing - s (b) (5) passback, and .also Ills initial redline. Should be done by noon
with both of those.
On the others, we are a bit in a holding pattern, as we need drafts from WHCO.
Good morning, Rosemary! Just wanted to see how the EOs for tomorrow are looking. ( I've heard nothing
further from WHCO this morning.}
Here it is. I've removed the internal comments and removed highlighting except where I've edited stuff
since/while we talked.
I'm working through your comments and questions. Should I shoot it back to you before I call?
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: Thursday, January 26, 2017 9:44 AM
To: Hart, Rosemary (Ole)
Subject: RE:
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.
Thanks. Would you mind (b) (5) and sending to me? It would save me a few minut es!
(b) (5)
(b) (5)
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