On June 22, 2009, CREW filed a Freedom of Information Act request with the Secret Service seeking records of visits to the White House by top health care executives. CREW seeks to learn the degree of influence these executives have had, or attempted to have, on the president and his administration in formulating the administration’s health care policy. CREW also sought expedition of its request in light of the public’s need to weigh in on an issue of enormous economic and social impact. Noting the Obama administration’s position that the requested records are presidential records not subject to the FOIA, an issue on which the courts have held to the contrary, CREW requested alternatively that the Secret Service make a discretionary release of the requested White House visitor logs.; CREW: U.S. Secret Service: Re: WH Visitor Logs - Health Care Execs; Holder of Document: CREW; Producing Agency: U.S. Secret Service; Date Received: 7/10/09;
Original Title
CREW: U.S. Secret Service: Re: WH Visitor Logs - Health Care Execs: 7/10/09 - Secret Service Response to CREW FOIA
On June 22, 2009, CREW filed a Freedom of Information Act request with the Secret Service seeking records of visits to the White House by top health care executives. CREW seeks to learn the degree of influence these executives have had, or attempted to have, on the president and his administration in formulating the administration’s health care policy. CREW also sought expedition of its request in light of the public’s need to weigh in on an issue of enormous economic and social impact. Noting the Obama administration’s position that the requested records are presidential records not subject to the FOIA, an issue on which the courts have held to the contrary, CREW requested alternatively that the Secret Service make a discretionary release of the requested White House visitor logs.; CREW: U.S. Secret Service: Re: WH Visitor Logs - Health Care Execs; Holder of Document: CREW; Producing Agency: U.S. Secret Service; Date Received: 7/10/09;
On June 22, 2009, CREW filed a Freedom of Information Act request with the Secret Service seeking records of visits to the White House by top health care executives. CREW seeks to learn the degree of influence these executives have had, or attempted to have, on the president and his administration in formulating the administration’s health care policy. CREW also sought expedition of its request in light of the public’s need to weigh in on an issue of enormous economic and social impact. Noting the Obama administration’s position that the requested records are presidential records not subject to the FOIA, an issue on which the courts have held to the contrary, CREW requested alternatively that the Secret Service make a discretionary release of the requested White House visitor logs.; CREW: U.S. Secret Service: Re: WH Visitor Logs - Health Care Execs; Holder of Document: CREW; Producing Agency: U.S. Secret Service; Date Received: 7/10/09;
DEPARTMENT OF HOMELAND SECURITY
UNITED STATES SECRET SERVICE
WASHINGTON, D.C. 20223
Freedom of Information and Privacy Acts Branch
Communications Center
243 Murray Lane, S.W. Fe
Building T-5 vu 7 28
Washington, D.C. 20223
Anne L, Weismann
Citizens for Responsi
1400 Eye Street, N. W.
Suite 450
Washington, DC 20005
ity and Ethics in Washington
File Number: 20090462 - 20090479
Dear Ms. Weismann:
Reference is made to your Freedom of Information Act (FOIA) request, dated June 22, 2009,
received by this office on June 22, 2009, for “all records relating to any visit that the following
individuals made to the White House or the residence of the Vice President from January 21, 2009,
to the present. ...[:] Bill Tauzin ... Karen Ignagni . . . Richard Umbdenstock . J. James Rohack
... Wayne T. Smith... Ben J. Lipps... William C. Weldon... . Jeffrey B. Kindler ... William A.
Hawkins, III... Robert L. Parkinson, Jr. ... Stephen J. Hemsley . . . Angela F. Braly .. . George
Halverson ... . Jay Gellert . .. Thomas Priselac . .. David Nexon . . . Richard Clark . . . [and] Rick
Smith.”
At this time, the issue of whether certain White House and Vice President’s Residence visitor
records are Presidential Records rather than agency records is the subject of litigation in the case of
Citizens for Responsibility and Ethics in Washington v. Department of Homeland Security, et al.,
Civil No. 06-1912, pending in the United States District Court for the District of Columbia, and
appellate Case No. 09-5014, pending in the United States Court of Appeals for the District of
Columbia Circuit; as well as the case of Citizens for Responsibility and Ethics in Washington_v.
Department of Homeland Security, Civil No. 08-1535, pending in the United States District Court
for the District of Columbia, and appellate Case No. 09-5015, pending in the United States Court of
Appeals for the District of Columbia Circuit (consolidated with appellate Case No. 09-5014). We
note that this issue may also be the subject of litigation in the case of Citizens for Responsibility and
Ethics in Washington v. Department of Homeland Security, Civil No. 09-0101, recently filed in
the United States District Court for the District of Columbia.
Itis the government's position that the vast majority, if not all, of the records that would have to be
searched to determine whether any records responsive to your request exist are not agency records
subject to the FOIA. Rather, these records are records governed by the Presidential Records Act, 44U.S.C. § 2201 et seq., and remain under the exclusive legal custody and control of the White House
Office and the Office of the Vice President.
Additionally, we are advised by the Department of Justice that disclosing some or all of the
requested records could reveal information protected by the presidential communications privilege.
This issue is also the subject of litigation in the same cases referred to above.
‘The White House and the Office of the Vice President retain authority to direct the discretionary
release of White House and Vice President’s Residence visitor records. We have been advised that
the White House and the Office of the Vice President are currently reviewing the policy for such
discretionary releases. If necessary, we will respond to your request upon completion of that review
and will also address the issue of a fee waiver.
Sincerely,
Ww. Ri)
Craik WXimer
Special Agent In Charge
Freedom of Information &
Privacy Acts Officer