Responsive Document - CREW: DOJ: Regarding Criminal Investigation of John Ensign - CRM 2014 Vaughn...

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Citizens for Responsibility and Ethics in Washington v. United States Department of Justice, Civil Action No. 12-01491 (JDB) (D.D.C)

Criminal Division’s June 30, 2014 Vaughn Index

Acronyms/Abbreviations Used in this Index:

WIF=Withheld in Full RIP=Released in Part LTR=Letter TC=Telephone Call DOJ=U.S. Department of Justice CRM=Criminal Division PIN=Public Integrity Section OEO=Office of Enforcement Operations OLA=Office of Legislative Affairs JMD=Justice Management Division PAO=Public Affairs Office SMO=Services Management Office AG=Attorney General AAG=Assistant Attorney General DAAG=Deputy Assistant Attorney General Trial Atty.=Trial Attorney EOUSA=Executive Office of United States Attorneys USADC=United States Attorney for the District of Columbia AUSA=Assistant United States Attorney USACT=U.S. Court of Appeals FBI=Federal Bureau of Investigation SA=Special Agent DOT=U.S. Department of Transportation IRS=Internal Revenue Service SSCE= Senate Select Committee on Ethics USAM=United States Attorneys Manual ACTS=Automated Case Tracking System

Individuals/Entities Identified in this Index:

Ensign=U.S. Senator John Ensign of Nevada JE=John Ensign Fred Schwartz= (Ensign), a/k/a U.S. Senator John Ensign of Nevada Elmer Johnson= (Ensign) [[ ][email protected]], a/k/a U.S. Senator John Ensign of Nevada congressnv@[ ]=a/k/a, U.S. Senator John Ensign of Nevada. This email account was also used by other members of the Ensign family. nvensign@[ ]=a/k/a, U.S. Senator John Ensign of Nevada [ ]=Name of a Private Third Party Individual Mentioned FOIA Withholding Exemptions: (b)(3)=Section 552(b)(3)—Fed. R. Crim. P. 6(e), Grand Jury Materials: These documents are being withheld because they would disclose matter occurring before a grand jury, including the identities of witnesses, the substance of the testimony, or the strategy or direction of the investigation. (b)(5)=Section 552(b)(5)--Attorney Work Product (AWP): These documents constitute AWP because they were created by PIN attorneys in anticipation of the criminal prosecution of Ensign and other third parties. They contain legal analysis by the PIN attorneys involved in the investigation. Release of these documents would reveal the authoring attorneys’ mental impressions and legal theories. (b)(5)=Section 552(b)(5)--Deliberative Process Privilege (DPP): These intra-agency documents are deliberative as they include a distillation of facts and evidence by the PIN attorneys and would reveal pre-decisional deliberations as to whether to prosecute Senator Ensign and other third parties and which investigative routes would be fruitful in the investigation. The discussions include information related to sufficiency of the evidence to begin an investigation, what crimes to charge, which witnesses to interview, what records and documents to subpoena, and other possible avenues of investigation. (b)(6) and (b)(7)(C)=Section 552(b)(6) and Section 552(b)(7)(C)--Personal Privacy: The documents are being withheld in part to protect the personal privacy interests of DOJ attorneys, FBI special agents, government employees, and private third party individuals. The release of this information would not serve any identifiable public interest.

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Document Reference Number

Author(s) Recipient(s) Date(s) Title and/or Document Description

FOIA Exemption

WIF RIP

CRM 1 [PIN Banker’s Box No. 1]

[ ], PIN ACTS Coordinator

To: Files Unit 06/12/2012 U.S. Department of Justice Notice of Closed Files Subject: “[Form OBD-25]; Division: Criminal; File Number 186-16-2367; Case Title: ENSIGN, JOHN ET AL. (ACT # 20100266).” Description: The document performs the function of a file cover sheet and further identifies the underlying Ensign case file as having been closed. Basis for Withholding: (b)(6) and (b)(7)(C). The document has been withheld in part to protect the personal privacy interests of lower-level DOJ employee(s). Revealing the names and personal information of DOJ employee(s), who maintain strong privacy interests, would not be justified by any ascertainable public interest. [1-page]

The name(s) and personal information of lower-level DOJ employee(s) have been redacted under (b)(6) and (b)(7)(C)

X


[ ], PIN Trial Atty.

Raymond Hulser, PIN Principal Deputy Atty. for Litigation; Jack Smith, PIN Section Chief; [ ], PIN ACTS Coordinator

Date Submitted: 5/12/2012

PIN - ACTS Declination Sheet for John Ensign 20100266 Subject: “[USDOJ/CRM, Form PI-2, 02/13/08]; ACTS # 20100266; Title: John Ensign.” Description: The document is a DOJ internal tracking form used to identify or describe a particular investigation and/or case, i.e., venue; potential criminal violations and statutes violated; assigned DOJ attorney(s); declination analysis; supporting documents; primary reason(s) for immediate declination; agency information; supervisory notes and routing. Basis for Withholding: (b)( 5) (DPP). The information contained in this document is deliberative because it includes pre-decisional material that was compiled to assist policy-makers in reaching a decision as to whether to prosecute Ensign and because it reflects the give-and-take process by which the government reached that decision. The declination sheet, for example, includes factual information and subjective analysis, in the form of the primary reason for immediate declination. Disclosure of this deliberative material could likely chill the open sharing of thoughts and impressions of ongoing criminal prosecutions. Disclosure is also likely to confuse the public about the final basis for the decision not to prosecute Ensign. Basis for Withholding: (b)(6)

(b)(5) (DPP) The name(s) and personal information of lower-level DOJ employee(s) have been redacted under (b)(6) and (b)(7)(C)

X

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FOIA Exemption

WIF RIP

and (b)(7)(C). The document is also being withheld in part to protect the personal privacy interests of lower-level DOJ employee(s). Revealing the names and personal information of the DOJ employee(s), who maintain strong privacy interests, would not be justified by any ascertainable public interest. [3-pages]

CRM 3 (a) and (b) [PIN Banker’s Box No. 1] See also: CRM 96 [email sweep] [DOJ0000154]; [DOJ0000155] See also: CRM 173 [email sweep] [DOJ0001970]; [EOUSA referral to CRM]

[ ], PI Deputy Chief [ ], [ ], PIN Trial Attys.

Jack Smith, PIN Section Chief. Jack Smith, PIN Section Chief; Raymond Hulser, PIN Principal Deputy Atty. for Litigation; [ ], PIN Deputy Chief.

May 7, 2012; March 7, 2011.

MEMORANDUM [Declination Memo] Subject: “Recommendation to Decline Prosecution of Former Senator John Ensign [Footnote 1].” Description: The document is a Declination Memo setting forth the detailed reasoning behind DOJ’s decision to non-prosecute Sen. John Ensign. Basis for Withholding: (b)(5) (AWP). The document constitutes AWP because it was created in anticipation of supervisory approval by DOJ managers of a recommendation to decline to prosecute Ensign. The document discusses legal theories and factual information that was compiled by PIN Trial Attorney(s) during the investigation and possible criminal prosecution of Ensign and its release would reveal the mental impressions and legal strategies of the DOJ attorney(s) involved in the case. For example, the document contains a detailed legal analysis behind DOJ’s recommendation not to charge or prosecute Ensign, and revelation of that information would improperly disclose the DOJ attorneys’ legal strategy. Basis for Withholding: (b)(5) (DPP). The information contained in this document is deliberative because it includes pre-decisional material that was compiled to assist policy-makers in reaching a decision as to whether to prosecute Sen. Ensign and because it reflects the give-and-take process by which the government made that decision. The Declination Memo, for example, includes factual information and subjective analysis, in the form of the primary reasons for immediate declination. Disclosure of this deliberative material could likely chill the open sharing of thoughts and impressions of ongoing

(b)(3) (Grand Jury Material), (b) (5) (AWP) and (b)(5) (DPP) The name(s) and personal information of lower-level DOJ employee(s) and private third party individual(s) have been redacted under (b)(6) and (b)(7)(C)

X

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FOIA Exemption

WIF RIP

criminal prosecutions. Disclosure is also likely to confuse the public about the final basis for the decision not to prosecute Sen. Ensign. Basis for Withholding: (b)(6) and (b)(7)(C). The document is also being withheld in full to protect the personal privacy interests of lower-level DOJ employee(s) and private third party individual(s). Revealing the names and personal information of DOJ employee(s) and private third party individual(s), who maintain strong privacy interests, would not be justified by any ascertainable public interest. [6-pages] PROSECUTION MEMORANDUM Subject: “Memorandum Recommending Prosecution as to [ ] and [ ], Declination as to John Ensign.” Description: The document is a Prosecution Memo setting forth the detailed reasoning behind DOJ’s decision recommending the prosecution/indictment of [ ] and [ ], and further declining the prosecution of Ensign. Basis for Withholding: (b)(3) (Grand Jury Material). Basis for Withholding: (b)(5) (AWP). The document constitutes AWP because it was created in anticipation of supervisory approval by DOJ managers of a recommendation to indict several individuals, as well as the approval by DOJ managers to decline to prosecute Ensign. The document contains legal theories and factual information that was compiled by PIN Trial Attorney(s) during the investigation and possible criminal prosecution of Ensign and its release would reveal the mental impressions and legal strategies of the DOJ attorney(s) involved in the case. For example, the document contains a list of the statutes that may be used in any possible criminal prosecution, and revelation of that information would improperly disclose the DOJ attorneys’ legal strategy. Basis for Withholding: (b)(5) (DPP). The information contained in this document is deliberative because it includes

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FOIA Exemption

WIF RIP

pre-decisional material that was compiled to assist policy-makers in reaching a decision as to whether to prosecute Ensign and because it reflects the give-and-take process by which the government reached that decision. The declination memo, for example, includes factual information and subjective analysis, in the form of the primary reason for immediate declination. Disclosure of this deliberative material could likely chill the open sharing of thoughts and impressions of ongoing criminal prosecutions. Disclosure is also likely to confuse the public about the final basis for the decision not to prosecute Ensign. Basis for Withholding: (b)( 6) and (b)(7)(C). The document has also been withheld in full to protect the personal privacy interests of lower-level DOJ employee(s) and private third party individual(s). Revealing the names and personal information of DOJ employee(s) and private third party individual(s), who maintain strong privacy interests, would not be justified by any ascertainable public interest. Page one of the PROSECUTION MEMORANDUM contains a banner reading: “CONFIDENTIAL [–] ATTORNEY WORK PRODUCT [–] CONTAINS 6(e) MATERIAL.” [48-pages]

CRM 4 [PIN Banker’s Box No. 1] See also: CRM 93

Unknown Unknown 10/23/2009 ACTS OPENING SHEET Subject: “[USDOJ/CRM, Form PI-1, 4/8//2009]; TITLE: U.S. v. Ensign.” Description: The document is an internal DOJ tracking form used to identify a particular case, i.e., criminal allegations and federal statutes that may have been violated; case responsibility; statute of limitations expiration date; attorney(s) assigned; subject(s); case synopsis; agency information and attorney conflict of interest form. Basis for Withholding: (b)( 5) (AWP). The document constitutes AWP because it was created in anticipation of litigation involving Ensign. The document contains factual information that was compiled by PIN Trial Attorney(s) for the investigation and possible criminal prosecution and its release would reveal the

(b)(5) (AWP) and (b)(5) (DPP) The name(s) and personal information of lower-level DOJ employee(s) and private third party individual(s) have been redacted under (b)(6) and (b)(7)(C)

X X

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FOIA Exemption

WIF RIP

mental impressions and legal strategies of the attorneys involved in the case. For example, the document contains a list of the statutes that may be used in any possible criminal prosecution, and revelation of that information would improperly disclose the DOJ attorneys’ legal strategy. Basis for Withholding: (b)(5) (DPP). The information in this document is deliberative because it includes pre-decisional material that was compiled to assist government attorneys in reaching a decision of whether to prosecute Ensign and because it reflects the give-and-take by which the government made that decision. The document contains factual information and subjective analysis intended to inform a final decision as to whether to prosecute Ensign. Disclosure of this material is likely to discourage government employees from keeping records of conversations or mental impressions related to evidence or witnesses. Disclosure would also likely confuse the public as to the final basis for the decision not to prosecute, as some of the evidence described in the notes may have served as a basis for that decision. Basis for Withholding: (b)(6) and (b)(7)(C). The document is also being withheld to protect the personal privacy interests of lower-level DOJ employee(s) and private third party individual(s). Revealing the names and personal information of DOJ employee(s) and private third party individual(s), who maintain strong privacy interests, would not be justified by any ascertainable public interest. [4-pages; 2 copies]


[ ], PIN Trial Atty.; [ ], AUSA-DC.

[ ], Esq., Federal Public Defender for DC

April 4, 2011 LTR Subject: “Re: United States v. [ ] Criminal Number: 11-085(BAH). Description: The document references documents produced by Ensign to the government during the criminal investigation. Basis for Withholding: (b)(3) (Grand Jury Material). Basis for Withholding: (b)(6) and (b)(7)(C). The document is being withheld in part to protect the personal privacy interests of lower-level DOJ employee(s) and

(b)(3) (Grand Jury Material) The name(s) and personal information of lower-level DOJ employee(s) and private third party individual(s) have been redacted

X

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FOIA Exemption

WIF RIP

private third party individual(s). Revealing the names and personal information of DOJ employee(s) and private third party individual(s), who maintain strong privacy interests, would not be justified by any ascertainable public interest. [3-pages]

under (b)(6) and (b)(7)(C)


Unidentified PIN Trial Atty.


10/14/--; 11/6/--.

Notes Subject: Untitled. Description: The notes are unattributed however they are consistent with records prepared by an unidentified PIN Trial Attorney in connection with the Ensign investigation. The notes contain multiple references to Ensign. The notes also contain information involving case legal strategy as well as case specific references to certain evidence and witnesses. Basis for Withholding: (b) 5 (AWP). The document constitutes AWP because it was created in anticipation of the possible criminal prosecution of Ensign. The document contains subjective legal analysis by an unidentified PIN Trial Atty. involved in the investigation. Release of this document would reveal the authoring attorneys mental impressions and legal theories. For example, the document discusses strategies for obtaining possible evidence related to the investigation. Basis for Withholding: (b)( 5) (DPP). The information in this document is deliberative because it includes pre-decisional material that was compiled to assist government attorneys in reaching a decision of whether to prosecute Ensign and because it reflects the give-and-take by which the government made that decision. The handwritten notes contain factual information and subjective analysis intended to inform a final decision as to whether to prosecute Ensign. Disclosure of this material is likely to discourage government employees from keeping records of conversations or mental impressions related to evidence or witnesses. Disclosure would also likely confuse the public as to the final basis for the decision not to prosecute, as some of the evidence described in the notes may have served as a basis for that decision.

(b)(5) (AWP) and (b)(5) (DPP) The name(s) and personal information of private third party individual(s) have been redacted under (b)(6) and (b)(7)(C)

X

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FOIA Exemption

WIF RIP

Basis for Withholding: (b)(6) and (b)(7)(C). The document is also being withheld to protect the personal privacy interests of private third party individual(s). Revealing the names and personal information of private third party individual(s), who maintain strong privacy interests, would not be justified by any ascertainable public interest. [3-pages]

CRM 7 (a), (b) and (c) [PIN Banker’s Box No. 1]

[ ], PIN Trial Atty. [ ], Private Legal Counsel [ ], Private person

[ ], PIN Employee [ ], PIN Trial Atty. [ ], Private Legal Counsel

December 14, 2009; December 2, 2009; December 1, 2009

Email Subject: The document consists of three emails with a subject line: “FW: Emailing: NRSC, [ ], [ ], Email Addresses, Allegiant Air, [ ], [ ], Ensign Home, [ ], John Ensign, John Ensign Fictitious, [ ], [ ] [ ] NRSC, November Inc. Description: The emails reference Ensign and include an email from private legal counsel representing an individual with information pertaining to the Ensign investigation. Basis for Withholding: (b)(6) and (b)(7)(C). The document is being withheld in part to protect the personal privacy interests of lower-level DOJ employee(s) and private third party individual(s). Revealing the names and personal information of DOJ employee(s) and private third party individual(s), who maintain strong privacy interests, would not be justified by any ascertainable public interest. [2-pages]

The name(s) and personal information of lower-level DOJ Employees and private third party individual(s) have been redacted under (b)(6) and (b)(7)(C)

X

CRM 8 (a), (b) and (c) [PIN Banker’s Box No. 1; CD marked: [ ] Docs & Open Source; [ ], PIN Trial Atty. [copy]]

[ ], Private Individual [ ] (Ensign employee), Private Individual [ ], Private Individual

[ ], Private Individual [ ], Private Individual [ ] (Ensign employee), Private Individual

December 5, 2008. Email Subject: The document consists of three emails with a subject line: “Update EIS”; “RE: Ely Energy Center Draft EIS” and “Re: Ely Energy Center Draft EIS.” Description: The document was obtained by the government from a witness to the criminal investigation. The emails contain address information referencing [ ] (Ensign employee) and [ ] @ensign.sen.gov. Basis for Withholding: (b)(6) and (b)(7)(C). The document is being withheld in part to protect the personal privacy interests of private third party individual(s). Revealing the names and personal information of private third party individual(s), who maintain strong privacy interests, would not be justified by any ascertainable public interest. [1-page; 2 copies]

The name(s) and personal information of private third party individual(s) have been redacted under (b)(6) and (b)(7)(C) Portions of CRM 8 are deemed non-responsive.

X

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FOIA Exemption

WIF RIP

Email Subject: The document consists of three emails with a subject line: “Update EIS”; “RE: Ely Energy Center Draft EIS” and “Re: Ely Energy Center Draft EIS.” Description: The document was obtained by the government from a witness to the criminal investigation. The emails contain address information referencing [ ] (Ensign employee) and [ ] @ensign.sen.gov. This document is identical to the previous email chain (CRM 8(a), however, “NV Energy correspondence” has been handwritten on this email chain by an unidentified individual]. Basis for Withholding: (b)( 6) and (b)(7)(C). The document is being withheld in part to protect the personal privacy interests of private third party individual(s). Revealing the names and personal information of private third party individual(s), who maintain strong privacy interests, would not be justified by any ascertainable public interest. [1-page] Email Subject: The document consists of three email messages with a subject line: “Update EIS”; “RE: Ely Energy Center Draft EIS” and “Re: Ely Energy Center Draft EIS.” Description: The document was obtained by the government from a witness to the criminal investigation. The emails contain address information referencing [ ] (Ensign employee) and [ ] @ensign.sen.gov. This document is identical to the previous email chain CRM 8(b), however, “NV Energy correspondence” and “Ensign office” has been handwritten on this email chain by an unidentified private individual/ third party]. Basis for Withholding: (b)(6) and (b)(7)(C). The document is being withheld in part to protect the personal privacy interests of private third party individual(s). Revealing the names and personal information of private third party individual(s), who maintain strong privacy interests, would not be justified by any ascertainable public interest.

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FOIA Exemption

WIF RIP

[1-page] CRM 9 [PIN Banker’s Box No. 1]

Unknown Unknown Undated Email Addresses Subject: The document contains a list of email addresses for Ensign and other private third party individuals. Description: The document lists other private third party individuals email addresses, including that of Ensign. Basis for Withholding: (b)(6) and (b)(7)(C). The document is being withheld in part to protect the personal privacy interests of private third party individual(s). Revealing the names and personal information of private third party individual(s), who maintain strong privacy interests, would not be justified by any ascertainable public interest. [1-page; 2 copies]


X


[ ], Private Individual [ ] (Ensign employee), Private Individual [ ], Private Individual

[ ] (Ensign employee), Private Individual [ ], Private Individual [ ] (Ensign employee), Private Individual

December 12, 2008

Email Subject: The document consists or three email messages with the subject line: “RE: Draft EIS” and “Draft EIS.” Description: The document was obtained by the government from a witness to the criminal investigation. The emails contain address information referencing (Ensign employee) and @ensign.senate.gov. Basis for Withholding: (b)(6) and (b)(7)(C). The document is being withheld in part to protect the personal privacy interests of private third party individual(s). Revealing the names and personal information of private third party individual(s), who maintain strong privacy interests, would not be justified by any ascertainable public interest. [1-page; 4 copies]

The name(s) and personal information of private third party individual(s) have been redacted under (b)( 6) and (b)(7)(C) Portions of CRM 10 are deemed non-responsive.

X

CRM 11 (a) and (b) [PIN Banker’s Box No. 1; CD marked: [ ] Docs & Open Source; [ ], PIN Trial Atty. [copy]]

nvensign@ [ ], a/k/a Ensign [ ], Private Individual

[ ], Private Individual Ensign [ ]

May 23, 2008 Email Subject: The document consists of two emails with a subject line: “Fw.” Description: The document was obtained by the government from a witness to the criminal investigation. The emails reference nvensign@[ ] and Ensign [ ], John. The email chain also contains handwritten notes from an unidentified individual/ private third party. Basis for Withholding: (b)(6) and (b)(7)(C). The document is being withheld in part to protect the personal privacy interests of private third party individual(s). Revealing the names and personal information of private third party


X

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FOIA Exemption

WIF RIP

individual(s), who maintain strong privacy interests, would not be justified by any ascertainable public interest. [1-page; 3 copies] Email Subject: The document consists of two emails with a subject line: “Fw.” Description: The document was obtained by the government from a witness to the criminal investigation. The emails reference nvensign@[ ] and Ensign [ ], John. The email chain also contains additional handwritten notes from an unidentified individual/ private third party re: “Never seen document!” and “Ensign to [ ].” Basis for Withholding: (b)(6) and (b)(7)(C). The document is being withheld in part to protect the personal privacy interests of private third party individual(s). Revealing the names and personal information of private third party individual(s), who maintain strong privacy interests, would not be justified by any ascertainable public interest. [1-page]

CRM 12 (a) and (b) [PIN Banker’s Box No. 1]

[ ], Private Individual [ ], Private Individual

[ ], Private Individual, (Ensign Employee) [ ], Private Individual

February 26, 2008 Email Subject: The document consists of two emails with the subject line: “Fw: November Inc. 2008. Description: The “To” line of first email references (Ensign). The email contains handwritten notes from an unidentified individual/ private third party. Basis for Withholding: (b)(6) and (b)(7)(C). The document is being withheld in part to protect the personal privacy interests of private third party individuals. Revealing the names and personal information of private third party individual(s), who maintain strong privacy interests, would not be justified by any ascertainable public interest. [1-page] Email Subject: The document consists of two emails with the subject line: “Fw: November Inc. 2008. Description: The “To” line of the email references (Ensign). The email contains additional handwritten notes from an unidentified individual. Basis for Withholding: (b)(6) and (b)(7)(C). The document is


X

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FOIA Exemption

WIF RIP

being withheld in part to protect the personal privacy interests of third party individual(s). Revealing the names and personal information of third parties, who maintain strong privacy interests, would not be justified by any ascertainable public interest. [1-page]


[ ], Private Individual [ ], Private Individual [ ], Private Individual


May 28, 2008 Email Subject: The document consists of three emails with the subject line: “RE: Hey man.” Description: The document was obtained by the government from a witness to the criminal investigation. CRM 13(a) email references “JE.” Basis for Withholding: (b)(6) and (b)(7)(C). The document is being withheld in part to protect the personal privacy interests of private third party individual(s). Revealing the names and personal information of private third party individual(s), who maintain strong privacy interests, would not be justified by any ascertainable public interest. [1-page; 3 copies]


X

CRM 14 (a) and (b) [PIN Banker’s Box No. 1]


[ ], Private Individual [ ], [ ], [ ], Private Individuals

December 14, 2008

Email Subject: The document consists of two email messages with the subject line: “Fw: Our Next Venture.” Description: The emails contain several references to Ensign. Basis for Withholding: (b)(6) and (b)(7)(C). The document is being withheld in part to protect the personal privacy interests of private third party individual(s). Revealing the names and personal information of private third party individual(s) who maintain strong privacy interests, would not be justified by any ascertainable public interest. [1-page; 2 copies]


X


[ ], Private Legal Counsel


August 9, 2010; Stamped RECEIVED Aug 24 2010 PI

LTR Subject: “Ensign Investigation [ ] & [ ].” Description: The document consists of correspondence between [ ], Private Legal Counsel and [ ], PI Trial Attorney related to a privilege issue for a potential witness to the criminal investigation. Basis for Withholding: (b)( 6) and (b)(7)(C). The document is being withheld in part to protect the personal privacy interests of private third party individual(s). Revealing the names and personal information of private third party

The name(s) and personal information of lower-level DOJ employee(s) and private third party individual(s) have been redacted under (b)(6) and (b)(7)(C)

X

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FOIA Exemption

WIF RIP

individual(s), who maintain strong privacy interests, would not be justified by any ascertainable public interest. [1-page]

CRM 16 (a), (b), (c) and (d) [PIN Banker’s Box No. 1; CD marked: [ ] Docs & Open Source; [ ], PIN Trial Atty. [copy]]

[ ], Private Individual Fred Schwartz (Ensign), a/k/a Ensign


December 09, 2009; April 16, 2008

Email Subject: The document consists of two email messages with the subject line: “FW: did you call? I’m sorry.” Description: The document was obtained by the government from a witness in the criminal investigation. The first email forwards a second email from. Ensign to a witness in the criminal investigation. Basis for Withholding: (b)(6) and (b)(7)(C). The document is being withheld in part to protect the personal privacy interests of private third party individual(s). Revealing the names and personal information of private third party individual(s), who maintain strong privacy interests, would not be justified by any ascertainable public interest. [1-page; 2 copies] Email Subject: The subject line of this email states: “FW: did you call? I’m sorry.” Description: The document was obtained by the government from a witness in the criminal investigation. The original email from Ensign was sent to a witness to the criminal investigation. Basis for Withholding: (b)(6) and (b)(7)(C). The document is being withheld in part to protect the personal privacy interests of private third party individual(s). Revealing the names and personal information of private third party individual(s), who maintain strong privacy interests, would not be justified by any ascertainable public interest. [1-page; 2 copies] Email Subject: “The subject line of this email states: “FW: did you call? I’m sorry.” Description: The document was obtained by the government from a witness in the criminal investigation. The first email forwards a second email. The document contains a handwritten note from an unidentified individual/ private third party reading: “One of John (sic)


X

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FOIA Exemption

WIF RIP

fictitious email addresses.” Basis for Withholding: (b)(6) and (b)(7)(C). The document is being withheld in part to protect the personal privacy interests of private third party individual(s). Revealing the names and personal information of private third party individual(s), who maintain strong privacy interests, would not be justified by any ascertainable public interest. [1-page; 2 copies] Email Subject: The subject line of this email states “did you call? I’m sorry.” Description: The document was obtained by the government from a witness in the criminal investigation. The first email forwards a second email from Ensign to a witness to the criminal investigation. The document contains the handwritten note of an unidentified individual/ private third party that reads: “fictitious email address.” Basis for Withholding: (b)(6) and (b)(7)(C). The document is being withheld in part to protect the personal privacy interests of private third party individual(s). Revealing the names and personal information of private third party individual(s), who maintain strong privacy interests, would not be justified by any ascertainable public interest. [1-page; 2 copies] Email Subject: “did you call? I’m sorry.” Description: The document was obtained by the government from a witness in the criminal investigation. The email is from Ensign to a witness to the investigation. This particular version of the document does not contain a handwritten note. Basis for Withholding: (b)(6) and (b)(7)(C). The document is being withheld in part to protect the personal privacy interests of private third party individual(s). Revealing the names and personal information of private third party individual(s), who maintain strong privacy interests, would not be justified by any ascertainable public interest. [1-page]

CRM 17 Unknown Unknown November 2007- Senator Ensign Phone List The name(s) X

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FOIA Exemption

WIF RIP

[PIN Banker’s Box No. 1; CD marked: [ ] Docs & Open Source; [ ], PIN Trial Atty. [copy]]

June 2009 Description: The document was obtained by the government from a witness in the criminal investigation. The document contains the following information: personal names, telephone numbers and email addresses for Ensign and other private third party individuals who were either associated with and/or employed on behalf of Ensign. Basis for Withholding: (b)(6) and (b)(7)(C). The document is being withheld in part to protect the personal privacy interests of private third party individual(s). Revealing the names and personal information of private third party individual(s), who maintain strong privacy interests, would not be justified by any ascertainable public interest. [1-page; 2 copies]

and personal information of private third party individual(s) have been redacted under (b)(6) and (b)(7)(C) Portions of CRM 17 are deemed non-responsive.

CRM 18 (a), (b), (c), (d) and (e) [PIN Banker’s Box No. 1; CD marked:[ ] Docs & Open Source; [ ], PIN Trial Atty. [copy]]

Unknown Unknown 4/2/08 [ ] Private Individual, Senator Ensign’s Office Subject: Miscellaneous notes (2-pages), see CRM 18 (a) and CRM 18 (b), the notes were then combined together on a single page, see CRM 18(c); “Notes on talks with John [Ensign]” (1-page) (CRM 18(d) and “Record of discussions with John Ensign” (1-page) (CRM 18(e). Description: The notes were obtained by the government from a witness to the criminal investigation. The document consists of handwritten notes from a witness to the criminal investigation. The notes reference “JE” and “John.” Portions of page 3 of the handwritten notes also appear to contain legal advice from [ ], private legal counsel. Basis for Withholding: (b)(6) and (b)(7)(C). The document is being withheld in part to protect the personal privacy interests of private third party individual(s). Revealing the names and personal information of private third party individual(s), who maintain strong privacy interests, would not be justified by any ascertainable public interest. [4-pages]


X

CRM 19 [PIN Banker’s Box No. 1; CD marked:[ ] Docs & Open Source; [ ], PIN Trial Atty. [copy]]

Unknown Unknown Undated Untitled and Miscellaneous Subject: The document references “Chief of Staff Duties ([ ])” and “Administrative Duties (Position TBD by JE).” Description: The document was obtained by the government from a witness in the criminal

The name(s) and personal information of private third party individual(s) have been redacted

X

16



FOIA Exemption

WIF RIP

investigation. The document contains references to “Ensign” and “JE.” Basis for Withholding: (b)(6) and (b)(7)(C). The document is being withheld in part to protect the personal privacy interests of private third party individual(s). Revealing the names and personal information of private third party individual(s), who maintain strong privacy interests, would not be justified by any ascertainable public interest. [3-pages; 2 copies]

under (b)(6) and (b)(7)(C) Portions of CRM 19 are deemed non-responsive.

CRM 20 (a) and (b) [PIN Banker’s Box No. 1; CD marked:[ ] Docs & Open Source; [ ], PIN Trial Atty. [copy]]

[ ], Private Individual


July 10, 2008 Email Subject: The document consists of two email messages with the subject line: “RE: hey man” and “hey man.” Description: The document was obtained by the government from a witness in the criminal investigation. The email references “John” and “Ensign Inc.” Basis for Withholding: (b)(6) and (b)(7)(C). The document is being withheld in part to protect the personal privacy interests of private third party individual(s). Revealing the names and personal information of private third party individual(s), who maintain strong privacy interests, would not be justified by any ascertainable public interest. [2-pages]

The name(s) and personal of private third party individual(s) have been redacted under (b)(6) and (b)(7)(C) Portions of CRM 20 are deemed non-responsive.

X


congressnv@_, a/k/a Ensign

[ ], Private Individual (Ensign Employee)

March 28, 2008 Email Subject: The subject line of the email message states: “I haven’t spoken to you about anything but as a person who cares for you, you might want to talk to [ ].” Description: The document was obtained by the government from a witness in the criminal investigation. There is no text or message body to the email. Basis for Withholding: (b)(6) and (b)(7)(C). The document is being withheld in part to protect the personal privacy interests of private third party individual(s). Revealing the names and personal information of private third party individual(s), who maintain strong privacy interests, would not be justified by any ascertainable public interest. [1-page]

The name(s) and personal information of private third party individual(s) have been redacted under (b)(6) and (b)(7)(C)

X

CRM 22(a), (b), (c) and (d) [PIN Banker’s Box No. 1; CD marked:[ ] Docs

congressnv@_ a/k/a Ensign


March 28, 2008 Email Subject: The document consists of three email messages with the subject line: “Re: [ ]” Description: The document was

The name(s) and personal information of private third party

X

17



FOIA Exemption

WIF RIP

& Open Source; [ ], PIN Trial Atty. [copy]]

[ ], Private Individual (Ensign Employee) congressnv@_ a/k/a Ensign

congressnv@_ a/k/a Ensign [ ], Private Individual (Ensign Employee)

obtained by the government from a witness in the criminal investigation. Basis for Withholding: (b)(6) and (b)(7)(C). The document is being withheld in part to protect the personal privacy interests of private third party individual(s). Revealing the names and personal information of private third party individual(s), who maintain strong privacy interests, would not be justified by any ascertainable public interest. [2-pages]

individual(s) have been redacted under (b)(6) and (b)(7)(C)




February 23, 2008 Email Subject: None. Description: The document was obtained by the government from a witness in the criminal investigation. The email contains references to “John.” Basis for Withholding: (b)(6) and (b)(7)(C). The document is being withheld in part to protect the personal privacy interests of private third party individual(s). Revealing the names and personal information of private third party individual(s), who maintain strong privacy interests, would not be justified by any ascertainable public interest. [1-page] Email Subject: None. Description: The document was obtained by the government from a witness in the criminal investigation. The email contains references to “John.” The document contains a handwritten note from an unidentified individual on the face of the email. Basis for Withholding: (b)(6) and (b)(7)(C). The document is being withheld in part to protect the personal privacy interests of private third party individual(s). Revealing the names and personal information of private third party individual(s), who maintain strong privacy interests, would not be justified by any ascertainable public interest. [1-page]


X




6/30/2009 Email Subject: “Ensign.” Description: The document was obtained by the government from a witness in the criminal investigation. The email contains references to” John” and “Ensign.”


X

18



FOIA Exemption

WIF RIP

Basis for Withholding: (b) 6 and (b) 7(C). The document is being withheld in part to protect the personal privacy interests of private third party individual(s). Revealing the names and personal information of private third party individual(s), who maintain strong privacy interests, would not be justified by any ascertainable public interest. [1-page]


CRM 25 (a), (b), (c), (d), (e), (f), (g) and (h) [PIN Banker’s Box No. 1; CD marked:[ ] Docs & Open Source; [ ], PIN Trial Atty. [copy]]

Elmer Johnson (Ensign) [[ ] _Ensign@ ensign.senate.gov], a/k/a Ensign [ ], Private Individual

congressnv@_a/k/a Ensign; [ ], Private Individual, (Ensign Employee); [ ], Private Individual Elmer Johnson (Ensign), a/k/a Ensign

December 10, 2007; December 3, 2010

Email Subject: The document consists of eight email messages with a subject line: “Fw: [ ] at Cisco.” Description: The document was obtained by the government from a witness in the criminal investigation. The emails are between Ensign and other private third party individuals. Basis for Withholding: (b)(6) and (b)(7)(C). The document is being withheld in part to protect the personal privacy interests of private third party individual(s). Revealing the names and personal information of private third party individual(s), who maintain strong privacy interests, would not be justified by any ascertainable public interest. [3-pages]


X


[ ], Private Individual [ ], Private Individual.


July 10, 2008 Email Subject: The document consists of two email messages with a subject line: “RE: hey man.” Description: The document was obtained by the government from a witness in the criminal investigation. The email references “John” and “Ensign Inc.” There is a handwritten note from an unidentified individual / private third party on CRM 26(a) blocking out a portion of the email text. CRM 26(b) is nearly identical to CRM 20. Basis for Withholding: (b)(6) and (b)(7)(C). The document is being withheld in part to protect the personal privacy interests of private third party individual(s). Revealing the names and personal information of private third party individual(s), who maintain strong privacy interests, would not be justified by any ascertainable public interest. [2-pages]


X

CRM 27 [PIN Banker’s Box No. 1; CD marked:[ ] Docs & Open Source;



December 12, 2008

Email Subject: “Draft EIS.” Description: The document was obtained by the government from a witness in the criminal

The name(s) and personal information of private hird party

X

19



FOIA Exemption

WIF RIP

[ ], PIN Trial Atty. [copy]]

investigation. There is a handwritten note from an unidentified individual/ private third party on CRM 28 referencing “Ensign Staff.” Basis for Withholding: (b)(6) and (b)(7)(C). The document is being withheld in part to protect the personal privacy interests of private third party individual(s). Revealing the names and personal information of third party individual(s), who maintain strong privacy interests, would not be justified by any ascertainable public interest. [1-page]

individual(s) have been redacted under (b)(6) and (b)(7)(C) Portions of CRM 27 are deemed non-responsive.

CRM 28 (a), (b) and (c) [PIN Banker’s Box no. 1; CD marked:[ ] Docs & Open Source; [ ], PIN Trial Atty. [copy]]

[ ], Private Individual . [ ], Private Individual (Ensign Employee) [ ], Private Individual

[ ], Private Individual [ ], Private Individual [ ], Private Individual (Ensign Employee)

December 12, 2008

Email Subject: The document consists of three emails with the subject line: “FW: Draft EIS.” Description: The document was obtained by the government from a witness in the criminal investigation. The emails are to and from an Ensign employee; one email references: “@sign up for Ensign’s weekly update.” There is a handwritten note from an unidentified individual/ private third party on CRM 28(b). Basis for Withholding: (b)(6) and (b)(7)(C). The document is being withheld in part to protect the personal privacy interests of private third party individual(s). Revealing the names and personal information of private third party individual(s), who maintain strong privacy interests, would not be justified by any ascertainable public interest. [1-page]


X



nvensign@[ ], a/k/a Ensign

Unidentified person/ private third party handwriting on document re: “Sent 5/27/08 @ 10:40 am.”

Email Subject: Untitled. Description: The document was obtained by the government from a witness in the criminal investigation. The email contains references to “John.” Basis for Withholding: (b)(6) and (b)(7)(C). The document is being withheld in part to protect the personal privacy interests of private third party individual(s). Revealing the names and personal information of private third party individual(s), who maintain strong privacy interests, would not be justified by any ascertainable public interest. [1-page; 2 copies]


X

CRM 30 [PIN Banker’s Box No. 1; CD marked:[ ] Docs



Unidentified person/ private third party handwriting on

Email Subject: Voice Message. Description: The document was obtained by the government from

The name(s) and personal information of private

X

20



FOIA Exemption

WIF RIP

& Open Source; [ ], PIN Trial Atty. [copy]]

document re: “Sent 5/30/08 @ 4:40 pm”

a witness in the criminal investigation. The email contains references to “John.” Basis for Withholding: (b)(6) and (b)(7)(C). The document is being withheld in part to protect the personal privacy interests of private third party individual(s). Revealing the names and personal information of third party individual(s), who maintain strong privacy interests, would not be justified by any ascertainable public interest. [1-page; 2 copies]

third party individual(s) have been redacted under (b)(6) and (b)(7)(C) Portions of CRM 30 are deemed non-responsive.




July 14, 2008 Email Subject: [ ]. Description: The document was obtained by the government from a witness in the criminal investigation. The email is directed to Ensign and contains references to “John.” Basis for Withholding: (b)( 6) and (b)(7)(C). The document is being withheld in part to protect the personal privacy interests of private third party individual(s). Revealing the names and personal information of private third party individual(s), who maintain strong privacy interests, would not be justified by any ascertainable public interest. [1-page; 2 copies]


X

CRM 32 [PI Banker’s Box No. 1; CD marked:[ ] Docs & Open Source; [ ], PIN Trial Atty. [copy]]

Elmer Johnson (Ensign) [[ ] _Ensign@ ensign.senate.gov], a/k/a Ensign


November 20, 2007

Email Subject: “[ ]” Description: The document was obtained by the government from a witness in the criminal investigation. The email references “John.” There is a handwritten note on the document from an unidentified individual/ private third party re: “John to [ ].” Basis for Withholding: (b)(6) and (b)(7)(C). The document is being withheld in part to protect the personal privacy interests of private third party individual(s). Revealing the names and personal information of private third party individual(s), who maintain strong privacy interests, would not be justified by any ascertainable public interest. [1-page]


X

CRM 33 (a), (b), (c) and (d) [PIN Banker’s Box No. 1; CD marked:[ ] Docs & Open Source; [ ], PIN Trial Atty. [copy]]

Elmer Johnson (Ensign) [[ ] _Ensign@ ensign.senate.gov], a/k/a Ensign


January 28, 2008. Email Subject: The document consists of four email messages with the subject line: “Fw: [ ].” Description: The document was obtained by the government from a witness in the criminal investigation. There is a


X

21



FOIA Exemption

WIF RIP

[ ], Private Individual Elmer Johnson (Ensign), a/k/a Ensign [ ], Private Individual

Elmer Johnson (Ensign), a/k/a Ensign [ ], Private Individual Elmer Johnson (Ensign), a/k/a Ensign

handwritten note on the document from an unidentified individual/ third party re: “John.” Basis for Withholding: (b)(6) and (b)(7)(C). The document is being withheld in part to protect the personal privacy interests of private third party individual(s). Revealing the names and personal information of private third party individual(s), who maintain strong privacy interests, would not be justified by any ascertainable public interest. [1-page]





06/15/2009 Email Subject: “John Ensign [ ] to: [ ].” Description: The document was obtained by the government from a witness in the criminal investigation. The email contains references to” John.” There is a handwritten note on this document from an unidentified individual/private third party. Basis for Withholding: (b)(6) and (b)(7)(C). The document is being withheld in part to protect the personal privacy interests of private third party individual(s). Revealing the names and personal information of private third party individual(s), who maintain strong privacy interests, would not be justified by any ascertainable public interest. [1-page]


X


Ensign [ ], Private Individual

Feb. 2008; 2/14/08

LTR Subject: None. Description: The document was obtained by the government from a witness in the criminal investigation. The document is a handwritten letter from Ensign (signed “John”) to a private third party individual. This version of the document does not contain a handwritten note from an unidentified individual/private third party on the lower left hand corner of the letter. Basis for Withholding: (b)(6) and (b)(7)(C). The document is being withheld in part to protect the personal privacy interests of private third party individual(s). Revealing the names and personal information of private third party individual(s), who maintain strong privacy interests, would not be justified by any ascertainable public interest. [1-page] LTR


X

22



FOIA Exemption

WIF RIP

Subject: None. Description: The document was obtained by the government from a witness in the criminal investigation. The document is a handwritten letter from Ensign (signed “John”) to a private third party individual. This version of the document does contain a handwritten note from an unidentified individual/ private third party on the lower left hand corner of the letter. Basis for Withholding: (b)(6) and (b)(7)(C). The document is being withheld in part to protect the personal privacy interests of private third party individual(s). Revealing the names and personal information of private third party individual(s), who maintain strong privacy interests, would not be justified by any ascertainable public interest. [1-page]




06/11/2009 Email Subject: “US Senator [ ] to: americasnewsroom.” Description: The document was obtained by the government from a witness in the criminal investigation. The email contains a reference to “Senator John Ensign.” There is a handwritten note from an unidentified individual/ private third party on the bottom of the email. Basis for Withholding: (b)(6) and (b)(7)(C). The document is being withheld in part to protect the personal privacy interests of private third party individual(s). Revealing the names and personal information of private third party individual(s), who maintain strong privacy interests, would not be justified by any ascertainable public interest. [1-page]


X



[ ], Private Individual [ ], [ ], [ ], [ ], Private Individuals; Ensign

December 09, 2009; February 17, 2008

Email Subject: The document consists of two email messages with a subject line: “FW: [ ].” Description: The document was obtained by the government from a witness in the criminal investigation. There is a handwritten note from an unidentified individual/ private third party on the bottom of the email re: “John.” Basis for Withholding: (b)(6) and (b)(7)(C). The document is being withheld in part to protect the personal privacy interests of private third party individual(s).

The name(s) and personal information of private third party individual(s) have been redacted under (b) (6) and (b)(7)(C) Portions of CRM 37 are deemed non-responsive.

X

23



FOIA Exemption

WIF RIP

Revealing the names and personal information of private third party individual(s), who maintain strong privacy interests, would not be justified by any ascertainable public interest. [1-page; 2 copies] Email Subject: The document consists of two email messages with a subject line: “FW: [ ].” Description: The document was obtained by the government from a witness in the criminal investigation. This version of the document does not contain a handwritten note. Basis for Withholding: (b)(6) and (b)(7)(C). The document is being withheld in part to protect the personal privacy interests of private third party individual(s). Revealing the names and personal information of private third party individual(s), who maintain strong privacy interests, would not be justified by any ascertainable public interest. [1-page]

CRM 38 (a), (b) and (c) [PIN Banker’s Box No. 1; CD marked:[ ] Docs & Open Source; [ ], PIN Trial Atty. [copy]]


[ ], Private Individual [ ], [ ], Private Individuals [ ], [ ], Private Individuals


Email Subject: The document consists of three email messages with a subject line: “FW: John [ ].” Description: The document was obtained by the government from a witness in the criminal investigation. There is a handwritten note from an unidentified individual/ private third party on the bottom of the email that reads: “John moving out.” Basis for Withholding: (b)(6) and (b)(7)(C). The document is being withheld in part to protect the personal privacy interests of private third party individual(s). Revealing the names and personal information of private third party individual(s), who maintain strong privacy interests, would not be justified by any ascertainable public interest. [1-page; 2 copies] Email Subject: The document consists of three email messages with a subject line:”FW: John [ ].” Description: The document was obtained by the government from a witness in the criminal investigation. This version of the document does not contain a handwritten note.


X

24



FOIA Exemption

WIF RIP

Basis for Withholding: (b)(6) and (b)(7)(C). The document is being withheld in part to protect the personal privacy interests of private third party individual(s). Revealing the names and personal information of private third party individual(s), who maintain strong privacy interests, would not be justified by any ascertainable public interest. [1-page]



[ ], Private Individual [ ], [ ], Private Individuals; Ensign


Email Subject: The document consists of two email messages with the subject line:”FW: [ ].” Description: The document was obtained by the government from a witness in the criminal investigation. The second email references “John.” There is a handwritten note from an unidentified individual/ private third party on the bottom of the second email. Basis for Withholding: (b)(6) and (b)(7)(C). The document is being withheld in part to protect the personal privacy interests of private third party individual(s). Revealing the names and personal information of private third party individual(s), who maintain strong privacy interests, would not be justified by any ascertainable public interest. [1-page; 2 copies] Email Subject: The document consists of two email messages with the subject line: “FW: [ ].” Description: The document was obtained by the government from a witness in the criminal investigation. The second email references “John.” This version of the document does not contain a handwritten note. Basis for Withholding: (b)(6) and (b)(7)(C). The document is being withheld in part to protect the personal privacy interests of private third party individual(s). Revealing the names and personal information of private third party individual(s), who maintain strong privacy interests, would not be justified by any ascertainable public interest. [1-page]


X

CRM 40 (a) and (b) [PIN Banker’s Box No. 1; CD

[ ], Private Individual. [ ], Private

[ ], Private Individual. [ ], Private


Email Subject: The document consists of two email messages with the subject line: “FW: A few things.”

The name(s) and personal information of private

X

25



FOIA Exemption

WIF RIP

marked:[ ] Docs & Open Source; [ ], PIN Trial Atty. [copy]]

Individual

Individual Description: The document was obtained by the government from a witness in the criminal investigation. The second email references Ensign. There is a handwritten note from an unidentified individual/ private third party on the bottom of the second email. Basis for Withholding: (b)(6) and (b)(7)(C). The document is being withheld in part to protect the personal privacy interests of third party individual(s). Revealing the names and personal information of third parties, who maintain strong privacy interests, would not be justified by any ascertainable public interest. [1-page] Email Subject: The document consists of two email messages with a subject line: “FW: A few things.” Description: The document was obtained by the government from a witness in the criminal investigation. The second email references “Ensign.” This version of the document does not contain a handwritten note. Basis for Withholding: (b)(6) and (b)(7)(C). The document is being withheld in part to protect the personal privacy interests of third party individual(s). Revealing the names and personal information of private third party individual(s), who maintain strong privacy interests, would not be justified by any ascertainable public interest. [1-page; 2 copies]

third party individual(s) have been redacted under (b)(6) and (b)(7)(C) Portions of CRM 40 are deemed non-responsive.


[ ], Private Individual Ensign


December 09, 2009; April 1, 2008

Email Subject: The document consists of two email messages with a subject line: “FW: is it possible to talk.” Description: The document was obtained by the government from a witness in the criminal investigation. There is a handwritten note from an unidentified individual/ private third party on the bottom of the second email re: “John.” Basis for Withholding: (b)(6) and (b)(7)(C). The document is being withheld in part to protect the personal privacy interests of private third party individual(s). Revealing the names and personal information of private third party individual(s), who maintain strong privacy interests, would not be


X

26



FOIA Exemption

WIF RIP

justified by any ascertainable public interest. [1-page; 2 copies] Email Subject: The document consists of two email messages with the subject line: “FW: is it possible to talk.” Description: The document was obtained by the government from a witness in the criminal investigation. This version of the document does not contain a handwritten note. Basis for Withholding: (b)(6) and (b)(7)(C). The document is being withheld in part to protect the personal privacy interests of private third party individual(s). Revealing the names and personal information of private third party individual(s), who maintain strong privacy interests, would not be justified by any ascertainable public interest. [1-page]


[ ], Private Individual Ensign


December 09, 2009; April 1, 2008

Email Subject: The document consists of two email messages with the subject line: “FW: can you call me on campaign vonage phone.” Description: The document was obtained by the government from a witness in the criminal investigation. There is a handwritten note from an unidentified individual/ private third party on the bottom of the second email re: “John.” Basis for Withholding: (b)(6) and (b)(7)(C). The document is being withheld in part to protect the personal privacy interests of private third party individual(s). Revealing the names and personal information of private third party individual(s), who maintain strong privacy interests, would not be justified by any ascertainable public interest. [1-page; 2 copies] Email Subject: The document consists of two email messages with the subject line: “FW: can you call me on campaign vonage phone.” Description: The document was obtained by the government from a witness in the criminal investigation. This version of the document does not contain a handwritten note. Basis for Withholding: (b)(6) and (b)(7)(C). The document is


X

27



FOIA Exemption

WIF RIP

being withheld in part to protect the personal privacy interest of private third party individual(s). Revealing the names and personal information of private third party individual(s), who maintain strong privacy interests, would not be justified by any ascertainable public interest. [1-page]

CRM 43 (a), (b), (c) and (d) [PIN Banker’s Box No. 1; CD marked:[ ] Docs & Open Source; [ ], PIN Trial Atty. [copy]]

[ ], Private Individual Ensign [ ], Private Individual Ensign

[ ], Private Individual [ ], Private Individual Ensign [ ], Private Individual

December 09, 2009; April 1, 2008; April 2, 2008

Email Subject: The document consists of four email messages with the subject line: “FW: is it possible to talk.” Description: The document was obtained by the government from a witness in the criminal investigation. The document consists of emails between Ensign and a witness to the criminal investigation. Basis for Withholding: (b)(6) and (b)(7)(C). The document is being withheld in part to protect the personal privacy interests of private third party individual(s). Revealing the names and personal information of private third party individual(s), who maintain strong privacy interests, would not be justified by any ascertainable public interest. [1-page; 3copies]


X

CRM 44 (a), (b), (c) , (d) and (e) [PIN Banker’s Box No. 1; CD marked:[ ] Docs & Open Source; [ ], PIN Trial Atty. [copy]]

[ ], Private Individual [ ], Private Individual Fred Schwartz (Ensign), a/k/a Ensign. Fred Schwartz (Ensign), a/k/a Ensign Fred Schwartz (Ensign), a/k/a Ensign

[ ], Private Individual Fred Schwartz (Ensign), a/k/a Ensign [ ], Private Individual [ ], Private Individual [ ], Private Individual

December 09, 2009; April 10, 2008

Email Subject: The document consists of five email messages with the subject line: “FW: t.” Description: The document was obtained by the government from a witness in the criminal investigation. The document consists of emails between Ensign and a witness to the criminal investigation. Basis for Withholding: (b)(6) and (b)(7)(C). The document is being withheld in part to protect the personal privacy interests of private third party individual(s). Revealing the names and personal information of private third party individual(s), who maintain strong privacy interests, would not be justified by any ascertainable public interest. [1-page; 3 copies]

The name(s) and personal information of private third party individual(s) have been redacted under (b)(6) & (b)(7)(C) Portions of CRM 44 are deemed non-responsive.

X

CRM 45 PIN Banker’s Box No. 1; CD marked: [ ] Docs & Open Source; [ ], PIN Trial Atty. [copy]]

[ ], Private Legal Counsel

[ ], SA (FBI)

December 18, 2009

LTR Subject: “Ensign Investigation.” Description: The document consists of correspondence between [ ], Private Legal Counsel and [ ], SA (FBI) and relates to a witness/subject to the criminal investigation. The document also contains a

The name(s) and personal information of lower-level DOJ employee(s) and private third party individual(s)

X

28



FOIA Exemption

WIF RIP

reference to [ ], a PIN Trial Atty. Basis for Withholding: (b)(6) and (b)(7)(C). The document is being withheld in part to protect the personal privacy interests of lower-level DOJ employee(s) and private third party individual(s). Revealing the names and personal information of lower-level DOJ employee(s) and private third party individual(s), who maintain strong privacy interests, would not be justified by any ascertainable public interest. [1-page]

have been redacted under (b)(6) and (b)(7)(C)


Ensign Unknown 04/09/2008 Wachovia Bank Subject: Non-Personal Signature Card; Legal Entity Name: “Senate Majority Committee”; Signature: (signed) “John E. Ensign.” Description: The document was obtained by the government from a witness in the criminal investigation. There is a handwritten note from an unidentified individual/ private third party at the top of the document re: “Bank accounts – Turn Over – Removal of my name, add [ ] & [ ].” Basis for Withholding: (b)(6) and (b)(7)(C). The document is being withheld in part to protect the personal privacy interests of third party individual(s). Revealing the names and personal information of third parties, who maintain strong privacy interests, would not be justified by any ascertainable public interest. [1-page] Wachovia Bank Subject: Non-Personal Signature Card; Legal Entity Name: “Battle Born Political Action Committee”; Signature: (signed) “John E. Ensign - President.” Description: The document was obtained by the government from a witness in the criminal investigation. Basis for Withholding: (b)(6) and (b)(7)(C). The document is being withheld in part to protect the personal privacy interests of private third party individual(s). Revealing the names and personal information of private third party individual(s), who maintain strong privacy interests, would not be justified by any ascertainable public interest. [1-page]


X

29



FOIA Exemption

WIF RIP


Ensign Unknown Date: 04/11/2008; 04/14/08 (Signed by Ensign) & Date: ______; 04/14/2008 (signed by Ensign)

Bank of Nevada Subject: Account Agreement; Account Title: “ENSIGN FOR SENATE CAMPAIGN” and dated at the top of document. Description: The document was obtained by the government from a witness in the criminal investigation. Signature: (signed) “John Ensign.” Basis for Withholding: (b)(6) and (b)(7)(C). The document is being withheld in part to protect the personal privacy interests of private third party individual(s). Revealing the names and personal information of private third party individual(s), who maintain strong privacy interests, would not be justified by any ascertainable public interest. [2-pages] Bank of Nevada Subject: Account Agreement; Account Title: “ENSIGN FOR SENATE CAMPAIGN” and undated at the top of document. Description: The document was obtained by the government from a witness to the criminal investigation. The signature block is (signed) “John E. Ensign.” Basis for Withholding: (b)(6) & (b)(7)(C). The document is being withheld in part to protect the personal privacy interests of private third party individual(s). Revealing the names and personal information of private third party individual(s), who maintain strong privacy interests, would not be justified by any ascertainable public interest. [2-pages]


X



Bank of Nevada

Date: April 21, 2008

LTR. – John—ENSIGN U.S. SENATE Subject: Letter to Bank of Nevada notifying the bank of account change re: signer for “Ensign for Senate” account. Description: The document was obtained by the government from a witness in the criminal investigation. Basis for Withholding: (b)(6) and (b)(7)(C). The document is being withheld in part to protect the personal privacy interests of private third party individual(s). Revealing the names and personal information of private third party individual(s), who maintain strong privacy interests, would not be


X

30



FOIA Exemption

WIF RIP

justified by any ascertainable public interest. [1-page]



IRS 2008 Miscellaneous Income – Form 1099-MISC Subject: “ENSIGN FOR SENATE.” Description: The document was obtained by the government from a witness in the criminal investigation. Basis for Withholding: (b)(6) and (b)(7)(C). The document is being withheld in part to protect the personal privacy interests of private third party individual(s). Revealing the names and personal information of private third party individual(s), who maintain strong privacy interests, would not be justified by any ascertainable public interest. [1-page]


X



[ ], [ ], [ ], [ ] (Ensign), [ ] (Ensign), [ ] (Ensign), [ ], Private Individuals

March 07, 2008 Email Subject: The document subject line states: “CQ: PACs Rush to Drop NRCC Treasurer.” Description: The document was obtained by the government from a witness in the criminal investigation. The subject article contains references to Ensign. Basis for Withholding: (b)(6) and (b)(7)(C). The document is being withheld in part to protect the personal privacy interests of private third party individual(s). Revealing the names and personal information of private third party individual(s), who maintain strong privacy interests, would not be justified by any ascertainable public interest. [3-pages]


X

CRM 51 [PIN Banker’s Box No. 1; CD marked: [ ] Docs & Open Source; [ ], PIN Trial Atty. [copy]]


[ ] (Ensign), Private Individual .

December 12, 2008

Email Subject: The document subject line states: “Draft EIS.” Description: The document was obtained by the government from a witness in the criminal investigation. The emails contain address information referencing (Ensign). Basis for Withholding: (b)(6) and (b)(7)(C). The document is being withheld in part to protect the personal privacy interests of private third party individual(s). Revealing the names and personal information of private third party individual(s), who maintain strong privacy interests, would not be justified by any ascertainable public interest. [1-page]


X

CRM 52 (a), (b), [ ], Private [ ], Private December 12, Email The name(s) X

31



FOIA Exemption

WIF RIP

(c), (d), (e) and (f) [PIN Banker’s Box No. 1; CD marked: [ ] Docs & Open Source; [ ], PIN Trial Atty. [copy]]

Individual [ ] (Ensign employee), Private Individual [ ], Private Individual [ ], Private Individual [ ] (Ensign employee), Private Individual [ ], Private Individual

Individual [ ], Private Individual [ ] (Ensign employee), Private Individual [ ] (Ensign employee), Private Individual [ ], Private Individual [ ] (Ensign employee), Private Individual

2008 Subject: The document consists of six email messages with a subject line: “FW: Draft EIS”; “RE: Draft EIS”; “Draft EIS.” Description: The document was obtained by the government from a witness in the criminal investigation. The emails contain address information referencing (Ensign) and @ensign.senate.gov. Basis for Withholding: (b)(6) and (b)(7)(C). The document is being withheld in part to protect the personal privacy interests of private third party individual(s). Revealing the names and personal information of private third party individual(s), who maintain strong privacy interests, would not be justified by any ascertainable public interest. [2-pages]

and personal information of private third party individual(s) have been redacted under (b)(6) and (b)(7)(C) Portions of CRM 52 are deemed non-responsive.

CRM 53 (a) and (b) [PIN Banker’s Box No. 1; CD marked: [ ] Docs & Open Source; [ ], PIN Trial Atty. [copy]

Unknown Unknown May 21 09 Settlement Subject: Settlement Terms. Description: The document was obtained by the government from a witness in the criminal investigation. The first version of the document contains handwritten notes from an unidentified individual/ private third party at the bottom of the page. The document contains a reference to “John” [Ensign]. The document also references damages, legal fees and other subjects. Basis for Withholding: (b)(6) and (b)(7)(C). The document is being withheld in part to protect the personal privacy interests of private third party individual(s). Revealing the names and personal information of private third party individual(s), who maintain strong privacy interests, would not be justified by any ascertainable public interest. [1-page] Settlement Subject: Settlement Terms. Description: The document was obtained by the government from a witness in the criminal investigation. The second version of this document does not contain any handwritten notes on the page. The document contains a reference to “John” [Ensign]. The document also references


X

32



FOIA Exemption

WIF RIP

damages, legal fees and other subjects. Basis for Withholding: (b)(6) and (b)(7)(C). The document is being withheld in part to protect the personal privacy interests of private third party individual(s). Revealing the names and personal information of private third party individual(s), who maintain strong privacy interests, would not be justified by any ascertainable public interest. [1-page]

CRM 54 [PIN Banker’s Box No.1; CD marked: [ ] Docs & Open Source; [ ], PIN Trial Atty. [copy]


Unknown 2007-2008 (Misc. Dates)

ENSIGN AFFAIR TIME-LINE Subject: The document consists of a detailed timeline series of events related to the Ensign affair. Description: The document was obtained by the government from a witness in the criminal investigation. The document contains multiple references to Ensign. Basis for Withholding: (b)(6) and (b)(7)(C). The document is being withheld in part to protect the personal privacy interests of private third party individual(s). Revealing the names and personal information of private third party individual(s), who maintain strong privacy interests, would not be justified by any ascertainable public interest. [7-pages; Last page is blank]

The name(s) and personal information of private third party individual(s) have been redacted under (b)(6) & (b)(7)(C) Portions of CRM 54 are deemed non-responsive.

X

CRM 55 [PIN Banker’s Box No. 1; CD marked: [ ] Docs & Open Source; [ ], PIN Trial Atty. [copy]


Unknown 12/10/2009 The Chronology of Senator Ensign – Affair, Cover up, Ethics, Crime – (December 2007- June 2009) Subject: The document provides a detailed timeline recounting the series of events related to the Ensign affair. CRM 55 also includes eighteen separate attachments. Description: The document was obtained by the government from a witness in the criminal investigation. The document contains multiple references to Ensign. Basis for Withholding: (b)(6) and (b)(7)(C). The document is being withheld in part to protect the personal privacy interests of private third party individual(s). Revealing the names and personal information of third parties, who maintain strong privacy interests, would not be justified by any ascertainable public interest. [30-pages; Last page is blank]


X


[ ], PI Trial Atty.

[ ], PI Trial Atty.

Undated Notes Subject: Untitled. Description: The notes are

(b)(5) (AWP) and (b)(5) (DPP)

X

33



FOIA Exemption

WIF RIP

unattributed however they appear consistent with records prepared by a PIN Trial Attorney in connection with the Ensign investigation. The notes contain multiple references to Ensign. The notes also contain information involving case strategy as well as case specific references to certain evidence and witnesses. Basis for Withholding: (b) 5 (AWP). The document constitutes AWP because it was created in anticipation of the possible criminal prosecution of Ensign. The document contains subjective legal analysis by an unidentified PIN Trial Attorney. involved in the investigation. Release of this document would reveal the authoring DOJ attorney(s) mental impressions and legal theories. For example, the document discusses strategies for obtaining possible evidence related to the investigation. Basis for Withholding: (b) 5 (DPP). The information in this document is deliberative because it includes pre-decisional material that was compiled to assist DOJ attorney(s) in reaching a decision of whether to prosecute Ensign and because it reflects the give-and-take by which the government made that decision. The handwritten notes contain factual information and subjective analysis intended to inform a final decision as to whether to prosecute Ensign. Disclosure of this material is likely to discourage government employees from keeping records of conversations or mental impressions related to evidence or witnesses. Disclosure would also likely confuse the public as to the final basis for the decision not to prosecute, as some of the evidence described in the notes may have served as a basis for that decision. Basis for Withholding: (b)(6) and (b)(7)(C). The document is also being withheld in part to protect the personal privacy interests of private third party individual(s). Revealing the names and personal information of private third party individual(s), who maintain strong privacy interests, would not be justified by any ascertainable public interest.

The name(s) and personal information of lower-level DOJ employees and private third party individual(s) have been redacted under (b)(6) and (b)(7)(C)

34



FOIA Exemption

WIF RIP

[3-pages] CRM 57 [PIN Banker’s Box No. 2]

Unidentified, PI Trial Atty.

Unidentified, PI Trial Atty.

Undated Questions for [ ] Subject: A typed list of questions covering various subjects. Description: The document is unattributed however it is consistent with records prepared by an unidentified PIN Trial Attorney in connection with the Ensign investigation. The notes contain multiple references to Ensign and others involved in the investigation. The notes also contain information pertaining to legal case strategy as well as case specific references to certain evidence and witnesses. Basis for Withholding: (b)(5) (AWP). This document constitutes AWP because it was created in anticipation of the possible criminal prosecution of Ensign. The document contains subjective legal analysis by an unidentified PIN Trial Attorney involved in the Ensign investigation. Release of this document would reveal the authoring attorneys mental impressions and legal theories. For example, the document discusses strategies for obtaining possible evidence related to the Ensign investigation. Basis for Withholding: (b) 5 (DPP). The information in this document is deliberative because it includes pre-decisional material that was compiled to assist DOJ attorney(s) in reaching a decision of whether to prosecute Ensign and because it reflects the give-and-take process by which the government made that decision. The notes contain factual information and subjective analysis intended to inform a final decision as to whether to prosecute Ensign. Disclosure of this material is likely to discourage government employees from keeping records of conversations or mental impressions related to evidence or witnesses. Disclosure would also likely confuse the public as to the final basis for the decision not to prosecute, as some of the evidence described in the notes may have served as a basis for that decision. Basis for Withholding: (b)(6) and (b)(7)(C). The document is also being withheld in part to protect the personal privacy interests of private third party


X

35



FOIA Exemption

WIF RIP

individual(s). Revealing the names and personal information of private third party individual(s), who maintain strong privacy interests, would not be justified by any ascertainable public interest. [2-pages]

CRM 58 [PIN Banker’s Boxes No. 2 and No. 3]

[ ], PI Trial Atty.

[ ], Inspector General - DOT

January 6, 2010 Email Subject: “Request for documents.” Description: The document is an email from [ ], a PIN Trial Atty. to the DOT Inspector General requesting the production of certain documents and evidence regarding the criminal investigation involving Ensign. The email references Ensign and other individuals. Basis for Withholding: (b)(5) (AWP). This document constitutes AWP because it was created in anticipation of the possible criminal prosecution of Ensign. The document contains subjective legal analysis by [ ], a PIN Trial Attorney involved in the investigation. Release of this document would reveal the authoring attorneys’ mental impressions and legal theories. For example, the document discusses legal strategies for obtaining possible evidence related to the Ensign investigation. Basis for Withholding: (b)(6) and (b)(7)(C). The document is also being withheld in part to protect the personal privacy interests of private third party individual(s). Revealing the names and personal information of private third party individual(s), who maintain strong privacy interests, would not be justified by any ascertainable public interest. [1-page; 2 copies]

(b)(5) (AWP) The name(s) and personal information of lower-level DOJ employees and private third party individual(s) have been redacted under (b)(6) and (b)(7)(C)

X

CRM 59 [PIN Banker’s Boxes No. 2 and No. 3]


[ ], Inspector General - DOT

January 12, 2010 Email Subject: “Supplemental Information.” Description: The document is a follow-up email to a previous email, see CRM 58, from [ ], a PIN Trial Attorney to the DOT Inspector General requesting the production of certain documents and evidence regarding a criminal investigation involving Ensign. Basis for Withholding: (b)(5) (AWP). The document constitutes AWP because it was created in anticipation of the possible criminal prosecution of

(b)( 5) (AWP) The name(s) and personal information of lower-level DOJ Employees and private third party individual(s) have been redacted under (b)(6) and (b)(7)(C)

X

36



FOIA Exemption

WIF RIP

Ensign. The document contains subjective legal analysis by [ ], a PIN Trial Attorney involved in the investigation. Release of this document would reveal the authoring attorneys’ mental impressions and legal theories. For example, the document discusses strategies for obtaining possible evidence related to the Ensign investigation. Basis for Withholding: (b)(6) and (b)(7)(C). The document is also being withheld in part to protect the personal privacy interests of private third party individual(s). Revealing the names and personal information of private third party individual(s), who maintain strong privacy interests, would not be justified by any ascertainable public interest. [1-page; 2 copies]



Unknown Handwritten: “As of 5/11/2010”

Initial_DOJ_Search Terms_5_6_10 Subject: Computer search terms prepared by an unidentified PIN Trial Atty. Description: The document references Ensign, Inc., as well as other private named individual(s) and business entities. Basis for Withholding: (b)(5) (AWP). The document constitutes AWP because it was created in anticipation of the possible criminal prosecution of Ensign. The document contains subjective legal analysis by an unidentified PIN Trial Attorney involved in the Ensign investigation. Release of this document would reveal the authoring attorneys mental impressions and legal theories. For example, the document discusses computer search terms to be employed in obtaining potential evidence related to the Ensign investigation. Basis for Withholding: (b) 5 (DPP). The information in this document is deliberative because it includes pre-decisional material that was compiled to assist DOJ attorney(s) in reaching a decision of whether to prosecute Ensign and because it reflects the give-and-take process by which the government made that decision. The computer search terms contain factual information and subjective analysis intended to inform a final decision as to whether to prosecute Ensign.

(b)( 5) (AWP), (b)(5) (DPP) The name(s) and personal information of private third party individual(s) have been redacted under (b)(6) and (b)(7)(C)

X

37



FOIA Exemption

WIF RIP

Disclosure of this material is likely to discourage government employees from keeping records of conversations or mental impressions related to evidence or witnesses. Disclosure would also likely confuse the public as to the final basis for the decision not to prosecute, as some of the evidence described in the computer search terms may have served as a basis for that decision. Basis for Withholding: (b)(6) and (b)(7)(C). The document is also being withheld in part to protect the personal privacy interests of private third party individual(s). Revealing the names and personal information of private third party individual(s), who maintain strong privacy interests, would not be justified by any ascertainable public interest. [3-pages]



Unknown As of 5/17/2010 Initial_DOJ_Search Terms_5_6_10 Subject: Computer search terms prepared by an unidentified PIN Trial Atty. Description: The document contains a reference to Ensign, Inc. Basis for Withholding: (b)(5) (AWP). The document constitutes AWP because it was created in anticipation of the possible criminal prosecution of Ensign. The document contains subjective legal analysis by an unidentified PIN Trial Attorney involved in the Ensign investigation. Release of this document would reveal the authoring attorneys mental impressions and legal theories. For example, the document discusses strategies for obtaining possible evidence related to the Ensign investigation. Basis for Withholding: (b) 5 (DPP). The information in this document is deliberative because it includes pre-decisional material that was compiled to assist DOJ attorney(s) in reaching a decision of whether to prosecute Ensign and because it reflects the give-and-take process by which the government made that decision. The notes contain factual information and subjective analysis intended to inform a final decision as to whether to prosecute Ensign. Disclosure of this material is likely to

(b)(5) (AWP); (b)(5) (DPP); The name(s) and personal information of private third party individual(s) have been redacted under (b)(6) and (b)(7)(C)

X

38



FOIA Exemption

WIF RIP

discourage government employees from keeping records of conversations or mental impressions related to evidence or witnesses. Disclosure would also likely confuse the public as to the final basis for the decision not to prosecute, as some of the evidence described in the notes may have served as a basis for that decision. Basis for Withholding: (b)(6) and (b)(7)(C). The document is also being withheld in part to protect the personal privacy interests of third party individual(s). Revealing the names and personal information of private third party individual(s), who maintain strong privacy interests, would not be justified by any ascertainable public interest. [3-pages]


Unknown Unknown-Records/ Archives

CLOSED DATE 07/18/2012

PIN-DOJ-CRM: FILE MANIFEST, [0001 OF 0002], Subject/Case Title: ENSIGN, JOHN ET AL. (ACT #20100266) Description: The document contains an inventory of the contents of PIN’s Banker Box No. 3 which directly relates to the Ensign investigation. Basis for Withholding: (b)(3) (Grand Jury Material). Basis for Withholding: (b)(6) and (b)(7)(C). The document is being withheld to protect the personal privacy interests of private third party individual(s). Revealing the names and personal information of private third party individual(s), who maintain strong privacy interests, would not be justified by any ascertainable public interest. [1-page]

(b)(3) (Grand Jury Material) The name(s) and personal information of private third party individual(s) have been redacted under (b)(6) and (b)(7)(C)

X



Unknown 04-12-10 Notes Subject: Untitled. Description: The notes are unattributed however they are consistent with records prepared by an unidentified PIN Trial Attorney in connection with the Ensign investigation. The notes contain multiple references to Ensign. The notes also contain information involving case legal strategy as well as case specific references to certain evidence and witnesses. Basis for Withholding: (b)(5) (AWP). The document constitutes AWP because it was created in anticipation of the possible criminal prosecution of


X

39



FOIA Exemption

WIF RIP

Ensign. The document contains subjective legal analysis by an unidentified PIN Trial Attorney involved in the investigation. Release of this document would reveal the authoring attorneys mental impressions and legal theories. For example, the document discusses strategies for obtaining possible evidence related to the investigation. Basis for Withholding: (b)(5) (DPP). The information in this document is deliberative because it includes pre-decisional material that was compiled to assist DOJ attorney(s) in reaching a decision of whether to prosecute Ensign and because it reflects the give-and-take by which the government made that decision. The handwritten notes contain factual information and subjective analysis intended to inform a final decision as to whether to prosecute Ensign. Disclosure of this material is likely to discourage government employees from keeping records of conversations or mental impressions related to evidence or witnesses. Disclosure would also likely confuse the public as to the final basis for the decision not to prosecute, as some of the evidence described in the notes may have served as a basis for that decision. Basis for Withholding: (b)(6) and (b)(7)(C). The document is also being withheld in part to protect the personal privacy interests of private third party individual(s). Revealing the names and personal information of private third party individual(s), who maintain strong privacy interests, would not be justified by any ascertainable public interest. [17-pages]

CRM 64 [PIN Banker’s Box No. 3] [EOUSA referral to CRM]

Senator Barbara Boxer, Chairman and Senator Johnny Isakson, Vice Chairman

Honorable Eric Holder, A.G.

May 12, 2011 LTR and Attachment – Un-redacted Subject: “Re: Referral of Matters Arising from the Preliminary Inquiry of Senator John Ensign.” Description: The document consists of a Senate referral LTR and a 2-page attachment to the AG regarding Ensign. Basis for Withholding: (b)(6) and (b)(7)(C). The document is being withheld in part to protect the personal privacy interests of private third party individual(s). Revealing the names and personal


X

40



FOIA Exemption

WIF RIP

information of private third party individual(s), who maintain strong privacy interests, would not be justified by any ascertainable public interest. [(LTR) 1-page; (Attachment) 2-pages] LTR and Attachment – Redacted Subject: “Re: Referral of Matters Arising from the Preliminary Inquiry of Senator John Ensign.” Description: The document consists of a Senate referral LTR and a 2-page attachment to the AG regarding Ensign. Basis for Withholding: (b)(6) and (b)(7)(C). The document is being withheld in part to protect the personal privacy interests of private third party individual(s). Revealing the names and personal information of private third party individual(s), who maintain strong privacy interests, would not be justified by any ascertainable public interest. [(LTR) 1-page; (Attachment) 2-pages]

CRM 65 [PIN Banker’s Box No. 2; CD marked: Ensign Investigation; 4-16-2010; DOJ [ ]] [LTR (final) (signed); LTR (draft); [EOUSA referral to CRM]


Google (G-mail) Custodian of Records

LTR (final) (signed) dated March 2, 2010; LTR (draft) dated December 3, 2009

LTR and Fax Cover Sheet Subject: “Re: Preservation Request.” Description: The document is a preservation request related to an email account for Sen. Ensign (nvensign@[ ].com). Basis for Withholding: (b)(6) and (b)(7)(C). The document is being withheld in part to protect the personal privacy interests of lower-level DOJ employee(s). Revealing the name of lower-level DOJ employee(s), who maintain strong privacy interests, would not be justified by any ascertainable public interest. [1-page LTR (final) (signed); 1-page Fax Cover Sheet] (1-page LTR(draft))

The name(s) and personal information of lower-level DOJ employee(s) have been redacted under (b)( 6) and (b)(7)(C)

X

CRM 66 [PIN Banker’sBox No. 2; CD marked: Ensign Investigation; 4-16-2010; DOJ [ ]]


Google (G-mail) Custodian of Records

LTR (final) (signed) dated April 2, 2010

LTR and Fax Cover Sheet Subject: Re: Preservation Request. Description: The document is a preservation request related to an email account of Sen. Ensign (j.e.ensign@[ ].com). Basis for Withholding: (b)(6) and (b)(7)(C). The document is being withheld in part to protect the personal privacy interests of lower-level DOJ employee(s). Revealing the name of lower-level DOJ employee(s), who maintain strong privacy interests, would not be justified by any


X

41



FOIA Exemption

WIF RIP

ascertainable public interest. [1-page LTR (final) (signed); 1-page fax cover sheet]



Custodian of Records AOL, LLC

LTR (final) (signed) dated December 4, 2009; LTR (draft) dated December 4, 2009

LTR and Fax Cover Sheet. Subject: “Re: Preservation Request.” Description: The document is a preservation request related to an email account for Ensign and another private third party individual ([@aol.com) and ([ ]@aol.com. Basis for Withholding: (b)(6) and (b)(7)(C). The document is being withheld in part to protect the personal privacy interests of lower-level DOJ employee(s) and private third party individual(s). Revealing the name of lower- level DOJ employee(s) and private third party individual(s), who maintain strong privacy interests, would not be justified by any ascertainable public interest. [LTR (final) (signed) 1-page; fax cover sheet 1-page; LTR(draft) 1- page]


X



Custodian of Records Yahoo! Inc

LTR (final) (signed) dated December 10, 2009; LTR (draft) dated December 10, 2009; LTR (draft) dated December 3, 2009

LTR and Fax Cover Sheet. Subject: Re: Preservation Request. Description: The document is a preservation request related to an email account of Ensign (fredschwartz72@[ ].com). Basis for Withholding: (b)(6) and (b)(7)(C). The document is being withheld in full to protect the personal privacy interests of lower-level DOJ employee(s). Revealing the name of lower- level DOJ employee(s) who maintains strong privacy interests, would not be justified by any ascertainable public interest. [LTR (final) (signed) 1-page; fax cover sheet 1-page; LTR (draft) 1-page; LTR (draft) 1-page]


X


Unidentified PIN Employee

Case File Closed Date: 07/18/2012

PIN-DOJ-CRM: FILE MANIFEST, [0001 OF 0001]. Subject/Case Title: ENSIGN, JOHN ET AL. (ACT #20100266). Description: The document contains a list of the contents of PIN’s Banker Box No. 4 which directly relates to the Ensign investigation. Basis for Withholding: (b)(6) and (b)(7)(C). The document is being withheld in part to protect the personal privacy interests of lower-level DOJ employee(s) and private third party individual(s). Revealing the names and personal information of lower-level DOJ employee(s) and private third party individual(s), who maintain

The name(s) and personal information of third party individual(s) have been redacted under (b)(6) and (b)(7)(C)

X

42



FOIA Exemption

WIF RIP

strong privacy interests, would not be justified by any ascertainable public interest. [1-page]

CRM 70 [PIN Banker’s Box No. 4] [EOUSA referral to CRM] See also: CRM 287; [“The Inventory of the Ensign Investigative Materials” is the attachment part of a letter dated May 24, 2011 from SSCE to PIN]

[ ] SSCE Raymond Hulser, PIN Principle Deputy for Litigation; Jack Smith, PIN Section Chief

Undated Inventory of the Ensign Investigative Materials (Attachment) Subject: An inventory of relevant SSCE documents in the Ensign investigation designed to assist or aid the DOJ prosecutor in organizing evidentiary material. Description: This is an SSCE created document which consists of a list of depositions, memoranda of interviews, document binders and [ ] taint files. Basis for Withholding: (b)(6) and (b)(7)(C). The document is being withheld in part to protect the personal privacy interests of private third party individual(s). Revealing the names and personal information of private third party individual(s), who maintain strong privacy interests, would not be justified by any ascertainable public interest. [3-pages]

The name(s) and personal information of and private third party individual(s) have been redacted under (b)(6) and (b)(7)(C)

X


[ ], PIN Trial Atty. Jack Smith, PIN Section Chief

Jack Smith, PIN Section Chief; Raymond Hulser, PIN Principal Deputy for Litigation; [ ] PIN Trial Atty. [ ], PIN Trial Atty.; Raymond Hulser, PIN Principal Deputy for Litigation; [ ] PIN Trial Atty.

June 02, 2011 Email Subject: The document consists of two email messages with a subject line: “RE: ENSIGN” and “ENSIGN.” Description: The document is an email chain discussing investigative strategies to be employed in connection with the Ensign investigation. There is also a handwritten word on the email chain. Basis for Withholding: (b)(5) (AWP). The document constitutes AWP because it was created in anticipation of the possible criminal prosecution of Ensign. The document contains investigative strategies for gathering and reviewing evidence. Release of this document would reveal the authoring PIN Trial Attorney(s) mental impressions and legal theories with respect to the identification of potential witnesses and evidence related to the Ensign investigation. Basis for Withholding: (b)(6) and (b)(7)(C). The document is being withheld in part to protect the personal privacy interests of lower-level DOJ employee(s) and private third party individual(s). Revealing the names and personal information of lower-level government employee(s) and

(b)(5) (AWP) The name(s) and personal information of lower- level DOJ employee(s) and private third party individual(s) have been redacted under (b)(6) and (b)(7)(C)

X

43



FOIA Exemption

WIF RIP

private third party individual(s), who maintain strong privacy interests, would not be justified by any ascertainable public interest. [2-pages]




Undated Investigative Outline Subject: None. Description: The document is broken into three separate subparts: [ ] 302 Statements, Corroborating Evidence & Contradictory Evidence. The document also includes four full handwritten post-it notes. Basis for Withholding: (b)(5) (AWP). The document constitutes AWP because it was created in anticipation of the possible criminal prosecution of Sen. Ensign. The document contains a summary of witness statements and includes evidence that supports and/or contradicts such witness statements. Release of this document would reveal the authoring PIN Trial Attorney(s) mental impressions and legal theories with respect to the government’s analysis of the witness statements and supporting/ contradicting evidence. Basis for Withholding: (b)(5) (DPP). The information contained in this document is deliberative because it includes pre-decisional material that was compiled to assist DOJ attorney(s) in reaching a decision of whether to prosecute Ensign and because it reflects the give-and-take process by which the government made that decision. The notes contain factual information and subjective legal analysis intended to inform a final decision as to whether to prosecute Ensign. Disclosure of this material is likely to discourage government employees from keeping records of conversations or mental impressions related to evidence or witnesses. Disclosure would also likely confuse the public as to the final basis for the decision not to prosecute, as some of the evidence described in the notes may have served as a basis for that decision. Basis for Withholding: (b)(6) and (b)(7)(C). The document is being withheld in part to protect the personal privacy interests of private third party individual(s). Revealing the names and personal

(b)(5) (AWP) and (b) (5) (DPP) The name(s) and personal information of lower- level DOJ employee(s) and private third party individual(s) have been redacted under (b)(6) and (b)(7)(C)

X

44



FOIA Exemption

WIF RIP

information of lower-level DOJ employee(s) and private third party individual(s), who maintain strong privacy interests, would not be justified by any ascertainable public interest. [15-pages]




Undated [ ] Deposition Subject: Deposition notes. Description: The document consists of handwritten notes summarizing witness testimony taken during a deposition. The witness testimony references Ensign. Basis for Withholding: (b)( 5) (AWP). This document constitutes AWP because it was created in anticipation of the possible criminal prosecution of Ensign. The document contains a summary of statements and evidence offered during a deposition. Release of this document would reveal the authoring PIN Trial Attorney(s) mental impressions and legal theories with respect to the government’s analysis of statements and evidence offered by the witness. Basis for Withholding: (b)(6) and (b)(7)(C). The document is being withheld in part to protect the personal privacy interests of private third party individual(s). Revealing the names and personal information of private third party individual(s), who maintain strong privacy interests, would not be justified by any ascertainable public interest. [10-pages]

(b)(5) (AWP) The name(s) and personal information of private third party individual(s) have been redacted under (b)(6) and (b)(7)(C)

X


Unidentified PIN Atty.

Unidentified PIN Atty.

Undated Investigative Outline Subject: None. Description: The document is broken into three separate subparts: Source, New Info & Impact. The document contains references Ensign and other private third parties. Basis for Withholding: (b)(5) (AWP). The document constitutes AWP because it was created in anticipation of the possible criminal prosecution of Ensign. The document contains subjective legal analysis by an unidentified PIN Trial Attorney involved in the investigation. Release of this document would reveal the authoring PIN Trial Attorney(s) mental impressions and legal theories. For example, the document discusses legal strategies for obtaining potential

(b)(5) (AWP). The name(s) and personal information of private third party individual(s) have been redacted under (b)(6) and (b)(7)(C)

X

45



FOIA Exemption

WIF RIP

evidence related to the investigation. Basis for Withholding: (b)(5) (DPP). The information in this document is deliberative because it includes pre-decisional material that was compiled to assist DOJ attorney(s) in reaching a decision of whether to prosecute Ensign and because it reflects the give-and-take by which the government made that decision. The handwritten notes contain factual information and subjective analysis intended to inform a final decision as to whether to prosecute Ensign. Disclosure of this material is likely to discourage government employees from keeping records of conversations or mental impressions related to evidence or witnesses. Disclosure would also likely confuse the public as to the final basis for the decision not to prosecute, as some of the evidence described in the notes may have served as a basis for that decision. Basis for Withholding: (b)(6) and (b)(7)(C). The document is being withheld in part to protect the personal privacy interests of private third party individual(s). Revealing the names and personal information of private third party individual(s), who maintain strong privacy interests, would not be justified by any ascertainable public interest. [3-pages]


[ ], [ ], PIN Trial Attys.

Jack Smith, PIN Section Chief; Raymond Hulser, PIN Principal Deputy Atty for Litigation; [ ], PIN Deputy Chief

March 7, 2011 REVISED PROSECUTION MEMORANDUM Subject: “Memorandum Recommending Prosecution as to [ ] and [ ], Declination as to John Ensign.” Description: The document is a pros memo setting forth the detailed reasoning behind DOJ’s decision recommending the prosecution/indictment of [ ] and [ ], and further declining the prosecution of Ensign. Basis for Withholding: (b)(3) (Grand Jury Material). Basis for Withholding: (b)(5) (AWP). The document constitutes AWP because it was created in anticipation of supervisory approval by DOJ –CRM managers of a recommendation to indict several individuals, as well as the approval by PIN managers to not prosecute Ensign. The document

(b)(3) (Grand Jury Material); (b) 5 (AWP) and (b)(5) (DPP) The name(s) and personal information of lower-level DOJ employee(s) and private third party individual(s) have been redacted under (b)(6) and (b)(7)(C)

X

46



FOIA Exemption

WIF RIP

contains legal theories and factual information that was compiled by DOJ attorney(s) during the investigation and possible criminal prosecution of Ensign and its release would reveal the mental impressions and legal strategies of the attorneys involved in the case. For example, the document contains a list of the statutes that may be used in any possible criminal prosecution, and revelation of that information would improperly disclose the attorneys’ legal strategy. Basis for Withholding: (b)(5) (DPP). The information contained in this document is deliberative because it includes pre-decisional material that was compiled to assist policy-makers in reaching a decision as to whether to prosecute Ensign and because it reflects the give-and-take process by which the government reached that decision. The declination memo, for example, includes factual information and subjective analysis, in the form of the primary reason for immediate declination. Disclosure of this deliberative material could likely chill the open sharing of thoughts and impressions of ongoing criminal prosecutions. Disclosure is also likely to confuse the public about the final basis for the decision not to prosecute Ensign. Basis for Withholding: (b)(6) and (b)(7)(C). The document has also been withheld in part to protect the personal privacy interests of lower-level DOJ employee(s) and private third party individual(s). Revealing the names and personal information of these lower-level DOJ employee(s) and private third party individual(s), who maintain strong privacy interests, would not be justified by any ascertainable public interest. Finally, page one of the Prosecution Memo contains a banner reading: “CONFIDENTIAL [–] ATTORNEY WORK PRODUCT [–] CONTAINS 6(e) MATERIAL.” [48-pages]


Unknown Unknown-Records/ Archives

CLOSED DATE 07/18/2012

PIN-DOJ-CRM: FILE MANIFEST, [0001 OF 0002]. Subject/Case Title: ENSIGN, JOHN ET AL. (ACT #20100266)

(b)(3) (Grand Jury Material)

X

47



FOIA Exemption

WIF RIP

Description: The document contains a list of the contents of PIN’s Banker Box No. 5, which directly relates to the Ensign investigation. Basis for Withholding: (b)(3) (Grand Jury Material). Basis for Withholding: (b)(6) and (b)(7)(C). The document is being withheld to protect the personal privacy interests of private third party individual(s). Revealing the names and personal information of private third party individual(s), who maintain strong privacy interests, would not be justified by any ascertainable public interest. [1-page] PIN-DOJ-CRM: FILE MANIFEST, [0001 OF 0002]. Subject/Case Title: ENSIGN, JOHN ET AL. (ACT #20100266) Description: The document is a duplicate copy of CRM 62. CRM 62 is an inventory of the contents of PIN’s Banker Box No. 3, which directly relates to the Ensign investigation. Basis for Withholding: (b)(6) and (b)(7)(C). The document is being withheld in part to protect the personal privacy interests of private third party individual(s). Revealing the names and personal information of private third party individual(s), who maintain strong privacy interests, would not be justified by any ascertainable public interest. [1-page]


CRM 77 [PIN Banker’s Box No. 5] [EOUSA referral to CRM]

Jack Smith, PIN Section Chief

[ ], [SSCE] May 23, 2011 LTR Subject: Referral of Matters Arising from the Preliminary Inquiry of Senator John Ensign. Description: DOJ is requesting from the SSCE the complete evidentiary record as developed by the SSCE. Basis for Withholding: (b)(6) and (b)(7)(C). The document is being withheld in part to protect the personal privacy interests of lower-level DOJ employee(s). Revealing the name of lower-level DOJ employee(s), who maintain strong privacy interests, would not be justified by any ascertainable public interest. [2-pages]


X

CRM 78 [email sweep]; [Relativity]; [DOJ0000001]

[ ] CRM Atty.

[ ] PIN Trial Atty.

June 30, 2011 Email Description: The document consists of two emails and email chain with the subject line:”RE: [ ]” and “[ ].” The document

The name(s) and personal information of lower-level DOJ

X

48



FOIA Exemption

WIF RIP

discusses CRM personnel assignments related to the Ensign investigation. Basis for Withholding: (b)(6) and (b)(7)(C). The document is being withheld in part to protect the personal privacy interests of lower-level DOJ employee(s). Revealing the name of a lower-level DOJ employee(s), who maintain strong privacy interests, would not be justified by any ascertainable public interest. [1-page]

employee(s) have been redacted under (b)(6) and (b)(7)(C) Portions of CRM 78 are deemed non-responsive


Raymond Hulser, PI N Principal Deputy Atty. for Litigation [ ] PIN Employee

[ ] PIN Employee Raymond Hulser, PIN Principal Deputy Atty. for Litigation

June 30, 2011 Email Description: The document consists of two emails and email chains with the subject line:”RE: When did we open the Ensign matter?” and “When did we open the Ensign matter?” Basis for Withholding: (b)(6) and (b)(7)(C). The document is being withheld in part to protect the personal privacy interests of lower-level DOJ employee(s). Revealing the name of lower- level DOJ employee(s), who maintain strong privacy interests, would not be justified by any ascertainable public interest. [1-page]


X


[ ] PIN Employee Raymond Hulser, PIN Principal Deputy Atty. for Litigation [ ] PIN Employee

[ ], [ ], [ ], [ ], [ ], [PIN Trial Attorneys and PIN Employees; William Welch, PIN Former Section Chief; Raymond Hulser, PIN Principal Deputy Atty. for Litigation [ ] PIN Employee; [ ], PIN Trial Atty. Raymond Hulser, PIN Principal Deputy Atty. for Litigation

June 30, 2011 Email Description: The document consists of three emails and email chains with the subject line:”RE: PI ACTS Opening Sheet – U.S. v. Ensign ACTS:201000268”and “PI ACTS Opening Sheet – U.S. v. Ensign ACTS:201000268” Basis for Withholding: (b)(6) and (b)(7)(C). The document is being withheld in part to protect the personal privacy interests of lower-level DOJ employee(s). Revealing the name of lower-level DOJ employee(s), who maintain strong privacy interests, would not be justified by any ascertainable public interest. [3-pages]


X


[ ] PIN Employee

[ ] PIN Trial Atty.

May 20, 2010; May 19, 2010

Email Description: The document consists of two emails and email chains with the subject line:”RE: new matter” and “new matter.” The emails reference the Ensign

The name(s) and personal information of lower-level DOJ employee(s)

X

49



FOIA Exemption

WIF RIP

investigation. Basis for Withholding: (b)(6) and (b)(7)(C). The document is being withheld in part to protect the personal privacy interests of lower-level DOJ employee(s). Revealing the name of lower-level DOJ employee(s), who maintain strong privacy interests, would not be justified by any ascertainable public interest. [2-pages]


CRM 82 [email sweep]; [Relativity]; [DOJ0000031]; [DOJ0000034-Duplicative]

[ ] PIN Employee [ ] PIN Trial Atty. [ ] PIN Employee [ ] PIN Trial Atty.

[ ] PIN Trial Atty. [ ] PIN Employee [ ] PIN Trial Atty. [ ] PIN Employee

June 9, 2010 Email Description: The document consists of four emails and email chains with the subject line:”RE: new matter” and “new matter.” The emails reference the Ensign investigation. Basis for Withholding: (b)(6) and (b)(7)(C). The document is being withheld in part to protect the personal privacy interests of lower-level DOJ employee(s). Revealing the name of lower-level DOJ employee(s), who maintain strong privacy interests, would not be justified by any ascertainable public interest. [3-pages; 2-pages]


X


[ ] PIN Employee [ ] PIN Trial Atty.

[ ] PIN Trial Atty. [ ] PIN Employee

June 22, 2010 Email Description: The document consists of two emails and email chains with the subject line:”RE: matters #s” and “matters #s.” The emails reference the Ensign investigation. Basis for Withholding: (b)(6) and (b)(7)(C). The document is being withheld in part to protect the personal privacy interests of lower-level DOJ employee(s). Revealing the name of lower- level DOJ employee(s), who maintain strong privacy interests, would not be justified by any ascertainable public interest. [1-page]

The name(s) and personal information of lower-level DOJ employee(s) have been redacted under (b)(6) and (b)(7)(C) Portions of CRM 83 are deemed non-responsive.

X




August 10, 2010 Email Description: The document consists of two emails and email chains with the subject line:”RE: matters #s” and “matters #s.” The emails reference the Ensign investigation. Basis for Withholding: (b)(6) and (b)(7)(C). The document is being withheld in part to protect the personal privacy interests of lower-level DOJ employee(s). Revealing the name of lower-level DOJ employee(s), who maintain strong privacy interests, would not be justified by any ascertainable public interest. [2-pages]


X

50



FOIA Exemption

WIF RIP


[ ] PIN Employee

[ ] PIN Trial Atty.

August 25, 2010 Email Description: The document consists of single email with the subject line: “[ ] MAIL IN MAIL BUCKET.” The email references the Ensign investigation. Basis for Withholding: (b)(6) and (b)(7)(C). The document is being withheld in part to protect the personal privacy interests of lower-level DOJ employee(s). Revealing the name of lower-level DOJ employee(s), who maintain strong privacy interests, would not be justified by any ascertainable public interest. [2-pages]


X


[ ] PIN Employee Google Alerts [ ] PIN Employee

Raymond Hulser, PIN Principal Deputy Atty. for Litigation [ ] PIN Employee Raymond Hulser, PIN Principal Deputy Atty. for Litigation

December 2, 2010; December 1, 2010; January 18, 2011

Email Description: The document consists of three emails and email chains with the subject line:”FW: Google Alert – Public Integrity Section” “Google Alert – Public Integrity Section” and “FYI AP HAS FOIA REQUEST FOR ENSIGN.” The emails reference the Ensign investigation. Basis for Withholding: (b)(6) and (b)(7)(C). The document is being withheld in part to protect the personal privacy interests of lower-level DOJ employee(s). Revealing the name of lower-level DOJ employee(s), who maintain strong privacy interests, would not be justified by any ascertainable public interest. [2-pages]


X


[ ] PIN Employee

[ ] PIN Trial Atty.

March 16, 2011 Email Description: The document consists of single email with the subject line: “PI_All_Open_Cases_Matters_Created_LANDSCRAPE STYLE.” The email references the Ensign investigation. Basis for Withholding: (b)(6) and (b)(7)(C). The document is being withheld in part to protect the personal privacy interests of lower-level DOJ employee(s). Revealing the name of lower-level DOJ employee(s), who maintain strong privacy interests, would not be justified by any ascertainable public interest. [1-page]


X




March 23, 2011 Email Description: The document consists of two emails and email chains with the subject line:”RE: Ensign” and “Ensign.” Basis for Withholding: (b)(6) and (b)(7)(C). The document is being withheld in part to protect the personal privacy interests of

The name(s) and personal information of lower-level DOJ employee(s) have been redacted under (b)(6)

X

51



FOIA Exemption

WIF RIP

lower-level DOJ employee(s). Revealing the name of lower-level DOJ employee(s), who maintain strong privacy interests, would not be justified by any ascertainable public interest. [1-page]

and (b)(7)(C)

CRM 89 [email sweep]; [Relativity]; [DOJ0000045]; [DOJ0000046]

[ ] PIN Employee

[ ] PIN Trial Atty.

April 15, 2011 Email Description: The document consists of single email with the subject line: “[ ] pdf.” The email does not reference Ensign however one page of the nine page attachment does reference the Ensign investigation. The attachment is a PIN survey of their open cases and matters report. Basis for Withholding: (b)(5) (AWP). The document constitutes AWP because it was created in anticipation of the possible criminal prosecution of Ensign. The document contains subjective legal analysis by an unidentified PIN Trial Attorney involved in the investigation. Release of this document would reveal the authoring attorneys mental impressions and legal theories. For example, the document contains a synopsis of the Ensign investigation and it also includes the names of subjects, federal crimes, etc. Basis for Withholding: (b)(5) (DPP). The information in this document is deliberative because it includes pre-decisional material that was compiled to assist government attorneys in reaching a decision of whether to prosecute Ensign and because it reflects the give-and-take by which the government made that decision. The document contains factual information and subjective analysis intended to inform a final decision as to whether to prosecute Ensign. Disclosure of this material is likely to discourage government employees from keeping records of conversations or mental impressions related to evidence or witnesses. Disclosure would also likely confuse the public as to the final basis for the decision not to prosecute, as some of the evidence described in the notes may have served as a basis for that decision. Basis for Withholding: (b)(6) and (b)(7)(C). The document is also being withheld in part to protect the personal privacy


X

52



FOIA Exemption

WIF RIP

interests of lower-level DOJ employee(s). Revealing the name of lower-level DOJ employee(s), who maintain strong privacy interests, would not be justified by any ascertainable public interest. [1-page; 9-pages]


[ ] PIN Employee

[ ] PIN Trial Atty.

April 15, 2011 Email Description: The document consists of single email with the subject line: “[ ] pdf.” The email does not reference Ensign however one page of the nine page attachment does reference the Ensign investigation. The attachment is a PIN section survey of their open cases and matters report. Basis for Withholding: (b)(5) (AWP). The document constitutes AWP because it was created in anticipation of the possible criminal prosecution of Ensign. The document contains subjective legal analysis by an unidentified PIN Trial Attorney involved in the investigation. Release of this document would reveal the authoring attorneys mental impressions and legal theories. For example, the document contains a short synopsis of the Ensign investigation and includes: the names of subjects, references to certain federal crimes, etc. Basis for Withholding: (b)(5) (DPP). The information in this document is deliberative because it includes pre-decisional material that was compiled to assist DOJ attorney(s) in reaching a decision of whether to prosecute Ensign and because it reflects the give-and-take by which the government made that decision. The document contains factual information and subjective analysis intended to inform a final decision as to whether to prosecute Ensign. Disclosure of this material is likely to discourage government employees from keeping records of conversations or mental impressions related to evidence or witnesses. Disclosure would also likely confuse the public as to the final basis for the decision not to prosecute, as some of the evidence described in the notes may have served as a basis for that decision. Basis for Withholding: (b)(6) and (b)(7)(C). The document is also being withheld in full to


X

53



FOIA Exemption

WIF RIP

protect the personal privacy interests of lower-level DOJ employee(s). Revealing the name of lower-level DOJ employee(s), who maintain strong privacy interests, would not be justified by any ascertainable public interest. [1-page; 9-pages]


[ ] PIN Employee

[ ] PIN Trial Atty.

April 25, 2011 Email Description: The document consists of two emails and an email chain with the subject line: “[ ] pdf” and “[ ].” The email does not reference Ensign however one page of the nine page attachment does reference the Ensign investigation. The attachment is a PIN survey of their open cases and matters report. Basis for Withholding: (b)(5) (AWP). The document constitutes AWP because it was created in anticipation of the possible criminal prosecution of Ensign. The document contains subjective legal analysis by an unidentified PIN Trial Attorney involved in the investigation. Release of this document would reveal the authoring attorneys mental impressions and legal theories. For example, the document contains a short synopsis of the Ensign investigation and includes: the names of subjects, references to certain federal crimes, etc. Basis for Withholding: (b)(5) (DPP). The information in this document is deliberative because it includes pre-decisional material that was compiled to assist DOJ attorney(s) in reaching a decision of whether to prosecute Ensign and because it reflects the give-and-take by which the government made that decision. The document contains factual information and subjective analysis intended to inform a final decision as to whether to prosecute Ensign. Disclosure of this material is likely to discourage government employees from keeping records of conversations or mental impressions related to evidence or witnesses. Disclosure would also likely confuse the public as to the final basis for the decision not to prosecute, as some of the evidence described in the notes may have served as a basis for that decision. Basis for Withholding: (b)(6)


X

54



FOIA Exemption

WIF RIP

and (b)(7)(C). The document is also being withheld in part to protect the personal privacy interests of lower-level DOJ employee(s). Revealing the name of lower-level DOJ employee(s), who maintain strong privacy interests, would not be justified by any ascertainable public interest. [1-page; 10-pages]




July 06, 2011 Email Description: The document consists of two emails and email chains with the subject line:”RE: Enisign (sic)” and “Enisign (sic).” Basis for Withholding: (b)(6) and (b)(7)(C). The document is being withheld in part to protect the personal privacy interests of lower-level DOJ employee(s). Revealing the name of lower level DOJ employee(s), who maintain strong privacy interests, would not be justified by any ascertainable public interest. [3-pages; 2-pages]


X

CRM 93 [email sweep]; [Relativity]; [DOJ0000081]; [DOJ0000082] See also: CRM 4. [PIN Banker’s Box No. 1]

[ ] PIN Employee

[ ] PIN Trial Atty.

September 12, 2011

Email Description: The document consists of single email with the subject line: “Emailing: ENSIGN+JOHN+ET+AL+20100268” and an attachment line: ENSIGN+JOHN+ET+AL+20100268.pdf. The attachment consists of the following document: ACTS OPENING SHEET. Subject: “[USDOJ/CRM, Form PI-1, 4/8//2009]; TITLE: U.S. v. Ensign.” Description: The ACTS OPENING SHEET is an internal DOJ tracking form used to identify a particular case, i.e., criminal allegations and federal statutes that might have been violated; case responsibility; statute of limitations expiration date; DOJ attorney(s) assigned; subject(s); case synopsis; agency information and attorney conflict of interest form. Basis for Withholding: (b) 5 (AWP). The document constitutes AWP because it was created in anticipation of litigation involving Ensign. The document contains factual information that was compiled by PIN Trial Attorneys for the investigation and possible criminal prosecution and its release would reveal the mental impressions and legal strategies of the attorneys involved in the case. For example, the document contains a list of the statutes that may be


X

55



FOIA Exemption

WIF RIP

used in any possible criminal prosecution, and revelation of that information would improperly disclose the attorneys’ legal strategy. Basis for Withholding: (b)(5) (DPP). The information in this document is deliberative because it includes pre-decisional material that was compiled to assist DOJ attorney(s) in reaching a decision of whether to prosecute Ensign and because it reflects the give-and-take by which the government made that decision. The document contains factual information and subjective analysis intended to inform a final decision as to whether to prosecute Ensign. Disclosure of this material is likely to discourage government employees from keeping records of conversations or mental impressions related to evidence or witnesses. Disclosure would also likely confuse the public as to the final basis for the decision not to prosecute, as some of the evidence described in the notes may have served as a basis for that decision. Basis for Withholding: (b)(6) and (b)(7)(C). The document is also being withheld in part to protect the personal privacy interests of lower-level DOJ employee(s), and the names and personal information of private third party individual(s). Revealing the names and personal information of a lower- level government employee(s) and third parties, who maintain strong privacy interests, would not be justified by any ascertainable public interest. [1-page; 4-pages]


[ ] PIN Deputy Chief


November, 21, 2011

Email Description: The document consists of single email with the subject line: “[ ].” The email contains a single word reference to Ensign and a discussion involving a personnel assignment. Basis for Withholding: (b)(6) and (b)(7)(C). The document is being withheld in part to protect the personal privacy interests of lower-level DOJ employee(s). Revealing the name of lower-level government employee(s), who maintain strong privacy interests, would not be justified by any ascertainable public interest. [3-pages]


X

56



FOIA Exemption

WIF RIP



[ ] PIN Employee

April 4, 2012 Email Description: The document consists of single email with the subject line: “Re: [ ] – 2nd request – reminder:” The email contains a single word reference to Ensign. Basis for Withholding: (b)(6) and (b)(7)(C). The document is being withheld in part to protect the personal privacy interests of lower-level DOJ employee(s). Revealing the name of lower-level DOJ employee(s), who maintains strong privacy interests, would not be justified by any ascertainable public interest. [1-page]


X

CRM 96 [email sweep]; [Relativity]; [DOJ0000154]; [DOJ0000155] See also: CRM 3 (a) and (b). [PIN Banker’s Box No. 1]

[ ] PIN Employee

Raymond Hulser, PIN Principal Deputy Atty. for Litigation

July 09, 2012; May 7, 2012

Email Description: The document consists of single email with the subject line: “OK to enter into ACTS in its entirety? Ensign Declination Memo.” The attachment line: “Ensign Declination Memo.wpd.” MEMORANDUM [Declination Memo]. Subject: “Recommendation to Decline Prosecution of Former Senator John Ensign [Footnote 1].” Description: The document is a declination memo setting forth the detailed legal basis behind DOJ’s decision not to charge or prosecute Ensign. Basis for Withholding: (b)(3) (Grand Jury Material). Basis for Withholding: (b)(5) (AWP). The document constitutes AWP because it was created in anticipation of supervisory approval by DOJ managers of a recommendation to decline to prosecute Ensign. The document discusses legal theories and factual information that was compiled by PIN Trial Attorney(s) during the investigation and possible criminal prosecution of Ensign and its release would reveal the mental impressions and legal strategies of the DOJ attorney(s) involved in the case. For example, the document contains a detailed legal analysis behind DOJ’s recommendation not to charge or prosecute Ensign, and revelation of that information would improperly disclose the DOJ attorneys’ legal strategy. Basis for Withholding: (b)(5) (DPP). The information contained in this document is

(b)(3) (Grand Jury Material), (b) (5) (AWP) and (b)(5) (DPP) The name(s) and personal information of lower-level DOJ employee(s) and private third party individual(s) have been redacted under (b)(6) and (b)(7)(C)

X

57



FOIA Exemption

WIF RIP

deliberative because it includes pre-decisional material that was compiled to assist policy-makers in reaching a decision as to whether to prosecute Ensign and because it reflects the give-and-take process by which the government made that decision. The Declination Memo, for example, includes factual information and subjective analysis, in the form of the primary reasons for immediate declination. Disclosure of this deliberative material could likely chill the open sharing of thoughts and impressions of ongoing criminal prosecutions. Disclosure is also likely to confuse the public about the final basis for the decision not to prosecute Sen. Ensign. Basis for Withholding: (b)(6) and (b)(7)(C). The document is also being withheld in part to protect the personal privacy interests of lower-level DOJ employee(s) and private third party individual(s). Revealing the names and personal information of PIN Attorneys or third parties, who maintain strong privacy interests, would not be justified by any ascertainable public interest. [1-page; 7-pages]

CRM 97 [email sweep]; [Relativity]; [DOJ0000168]; [DOJ0000169] See also: CRM 93 [email sweep]; [Relativity]; [DOJ0000081]; [DOJ0000082] See also: CRM 4 [PIN Banker’s Box No. 1]

[ ] PIN Employee

[ ] PIN Trial Atty.

May 14, 2010 Email Description: The document consists of single email with the subject line: “Emailing: ENSIGN+JOHN+ET+AL+20100268. Pdf Case Opening Sheet” and an attachment line: ENSIGN+JOHN+ET+AL+20100268.pdf. The attachment consists of the following document: ACTS OPENING SHEET. Subject: “[USDOJ/CRM, Form PI-1, 4/8//2009]; TITLE: U.S. v. Ensign.” Description: The ACTS OPENING SHEET is an internal DOJ tracking form used to identify a particular case, i.e., criminal allegations and federal statutes that may have been violated; case responsibility; statute of limitations expiration date; DOJ attorney(s) assigned; subject(s); case synopsis; agency information and attorney conflict of interest form. Basis for Withholding: (b) 5 (AWP). The document constitutes AWP because it was created in anticipation of litigation involving Ensign. The document


X

58



FOIA Exemption

WIF RIP

contains factual information that was compiled by PIN Trial Attorney(s) for the investigation and possible criminal prosecution and its release would reveal the mental impressions and legal strategies of the attorneys involved in the case. For example, the document contains a list of the statutes that may be used in any possible criminal prosecution, and revelation of that information would improperly disclose the attorneys’ legal strategy. Basis for Withholding: (b)(5) (DPP). The information in this document is deliberative because it includes pre-decisional material that was compiled to assist DOJ attorney(s) in reaching a decision of whether to prosecute Ensign and because it reflects the give-and-take by which the government made that decision. The document contains factual information and subjective analysis intended to inform a final decision as to whether to prosecute Ensign. Disclosure of this material is likely to discourage government employees from keeping records of conversations or mental impressions related to evidence or witnesses. Disclosure would also likely confuse the public as to the final basis for the decision not to prosecute, as some of the evidence described in the notes may have served as a basis for that decision. Basis for Withholding: (b)(6) and (b)(7)(C). The document is also being withheld in part to protect the personal privacy interests of lower-level DOJ employee(s), and the names and personal information of private third party individual(s). Revealing the names and personal information of a lower- level DOJ employee(s) and private third party individual(s), who maintain strong privacy interests, would not be justified by any ascertainable public interest. [1-page; 4-pages]


[ ] PIN Employee

[ ], [ ], PIN Trial Atty.

October 23, 2009 Email Description: The document consists of single email with the subject line: “[ ] FOR ENSIGN CORRECT.” The email contains a single word reference to Ensign and also refers to a provision of the United States Code.

(b)(5)(AWP) The name(s) and personal information of lower-level DOJ employee(s)

X

59



FOIA Exemption

WIF RIP

Basis for Withholding: (b) 5 (AWP). The document constitutes AWP because it was created in anticipation of litigation involving Ensign. The document contains factual information that was compiled by PIN Trial Attorney(s) for the investigation and possible criminal prosecution and its release would reveal the mental impressions and legal strategies of the attorneys involved in the case. For example, the document contains a reference to certain statutes that may be used in any possible criminal prosecution, and revelation of that information would improperly disclose the attorneys’ legal strategy. Basis for Withholding: (b)(6) and (b)(7)(C). The document is being withheld in part to protect the personal privacy interests of lower-level DOJ employee(s). Revealing the name of lower-level DOJ employee(s), who maintain strong privacy interests, would not be justified by any ascertainable public interest. [2-pages]



[ ] PIN Employee


October 23, 2009 Email Description: The document consists of single email with the subject line: “PI[N] ACTS Opening Sheet – U.S. v. Ensign ACTS: 201000268.” Basis for Withholding: (b)(6) and (b)(7)(C). The document is being withheld in part to protect the personal privacy interests of a PIN employee. Revealing the name of lower-level DOJ employee(s), who maintain strong privacy interests, would not be justified by any ascertainable public interest. [1-page]


X




April 1, 2011 Email Description: The document consists of single email with the subject line: “Fw: emergency help needed.” The remainder of the document contains non-responsive material. Basis for Withholding: (b)(6) and (b)(7)(C). The document is being withheld in part to protect the personal privacy interests of a PIN employee. Revealing the name of lower-level DOJ employee(s), who maintain strong privacy interests, would not be justified by any ascertainable public interest. [1-page]


X

60



FOIA Exemption

WIF RIP


[ ] PIN Employee


October 29, 2009 Email Description: The document consists of single email with the subject line: “financial disclosures” and an attachment line: “Ensign Senate Financial Disclosure_2006.pdf; Ensign Senate Financial Disclosure_2005.pdf.” The attachments are publicly available documents. Basis for Withholding: (b)(6) and (b)(7)(C). The document is being withheld in part to protect the personal privacy interests of lower-level DOJ employee(s). Revealing the names of lower-level DOJ employee(s), who maintain strong privacy interests, would not be justified by any ascertainable public interest. [1-page]

The name(s) and personal information of lower-level DOJ employee(s) have been redacted under (b)(6) and (b)(7)(C) The attachment consists of publicly available documents

X


[ ] PIN Employee [ ], PIN Trial Atty.

[ ], PIN Trial Atty.; [ ] PIN Employee [ ], [ ], PIN Employee(s)

April 09, 2010 Email Description: The document consists of two emails with the subject line: “RE: Credit Bureau Rider” and “Credit Bureau Rider.” The attachment line reads:“Subpoena Rider for Credit Bureau 4-9-10.wpd.” The attachment references John E. Ensign. Basis for Withholding: (b)(3) (Grand Jury Material). Basis for Withholding: (b)(6) and (b)(7)(C). The document is being withheld in part to protect the personal privacy interests of lower-level DOJ employee(s) and private third party individual(s). Revealing the name of lower-level DOJ employee(s) and private third party individual(s), who maintain strong privacy interests, would not be justified by any ascertainable public interest. [1-page; 1-page]

(b)(3) (Grand Jury Material) The name(s) and personal information of lower-level DOJ employee(s)and private third party individual(s) have been redacted under (b)(6) and (b)(7)(C)

X


Unknown Unknown Congressional Document Requests by PIN Description: The document consists of a list of PIN requests for Congressional documents covering the periods of 2006-10. The document created in an outline form references Senator Ensign Basis for Withholding: (b)(3) (Grand Jury Material). Basis for Withholding: (b) 5 (AWP). The document constitutes AWP because it was created in anticipation of litigation involving Ensign. The document contains factual information that was compiled by PIN Trial Attorneys for the investigation

(b)(3) (Grand Jury Material); (b)(5) (AWP) and (b)(5) (DPP) The name(s) and personal information of private third party individual(s) have been redacted under (b)(6) and (b)(7)(C) Portions of

X

61



FOIA Exemption

WIF RIP

and possible criminal prosecution and its release would reveal the mental impressions and legal strategies of the attorneys involved in the case. For example, the document contains a comprehensive list of cases wherein PIN requested Congressional documents, the document reference the method PIN made the request and whether production had yet occurred, and revelation of that information would improperly disclose the attorneys’ legal strategy. Basis for Withholding: (b)(5) (DPP). The information in this document is deliberative because it includes pre-decisional material that was compiled to assist DOJ attorney(s) in reaching a decision of whether to prosecute Ensign and because it reflects the give-and-take by which the government made that decision. The document contains factual information and subjective analysis intended to inform a final decision as to whether to prosecute Ensign. Disclosure of this material is likely to discourage government employees from keeping records of conversations or mental impressions related to evidence or witnesses. Disclosure would also likely confuse the public as to the final basis for the decision not to prosecute, as some of the information described in the document may have served as a basis for that decision. Basis for Withholding: (b)(6) and (b)(7)(C). The document is also being withheld in part to protect the personal privacy interests of lower-level DOJ employee(s), and the names and personal information of private third party individual(s). Revealing the names and personal information of a lower-level DOJ employee(s) and private third party individual(s), who maintain strong privacy interests, would not be justified by any ascertainable public interest. [3-pages]

CRM 103 are deemed non-responsive


William Welch, PIN Former Section Chief Raymond Hulser, PIN

Raymond Hulser, PIN Principal Deputy Atty. for Litigation William Welch, PIN

October 28, 2009; October 27, 2009

Email Description: The document consists of two emails with the subject line: “RE: omnibus list” and “omnibus list.” The attachment line reads: “cases (AAG) (102809).mem.wpd.” The attachment at pages 6-7 references

(b)(5) (AWP) and (b)(5) (DPP) The name(s) and personal information of private

X

62



FOIA Exemption

WIF RIP

Principal Deputy Atty. for Litigation

Former Section Chief

Ensign. The attachment is a memorandum containing a detailed synopsis of active CRM cases prepared on behalf of AAG Lanny Breuer. Basis for Withholding: (b) 5 (AWP). The document constitutes AWP because it was created in anticipation of litigation involving Ensign. The document contains factual information that was compiled by DOJ attorney(s) for the investigation and possible criminal prosecution and its release would reveal the mental impressions and legal strategies of the DOJ attorney(s) involved in the case. For example, the document contains a comprehensive list of cases and summarizes the status of those cases and revelation of that information would improperly disclose the DOJ attorneys’ legal strategy. Basis for Withholding: (b)(5) (DPP). The information in this document is deliberative because it includes pre-decisional material that was compiled to assist DOJ attorney(s) in reaching a decision of whether to prosecute Ensign and because it reflects the give-and-take by which the government made that decision. The document contains factual information and subjective analysis intended to inform a final decision as to whether to prosecute Ensign. Disclosure of this material is likely to discourage government employees from keeping records of conversations or mental impressions related to evidence or witnesses. Disclosure would also likely confuse the public as to the final basis for the decision not to prosecute, as some of the information described in the document may have served as a basis for that decision. Basis for Withholding: (b)(6) and (b)(7)(C). The document is also being withheld in part to protect the personal privacy interests of a PIN Trial Attorney and the names and personal information of third party individuals. Revealing the names and personal information of a lower- level DOJ employee(s) and private third party individual(s), who maintain strong privacy interests, would not be justified by any ascertainable public interest.

third party individual(s) have been redacted under (b)(6) and (b)(7)(C) Portions of CRM 104 are deemed non-responsive

63



FOIA Exemption

WIF RIP

[1-page; 23-pages] CRM 105 [email sweep]; [Relativity]; [DOJ0000319]; [DOJ0000318- Duplicative]

William Welch, PIN Former Section Chief Raymond Hulser, PIN Principal Deputy Atty. for Litigation William Welch, PIN Former Section Chief

Raymond Hulser, PIN Principal Deputy Atty. for Litigation William Welch, PIN Former Section Chief [ ], PIN Trial Atty.; Raymond Hulser, PIN Principal Deputy Atty. for Litigation; [ ] PIN Trial Atty.

October 23, 2009 Email Description: The document consists of three emails with the subject line: “RE: Ensign””Re: Ensign” and “Ensign.” The document discusses whether to interview a witness/subject and further makes reference to Ensign’s legal counsel. Basis for Withholding: (b) 5 (AWP). The document constitutes AWP because it was created in anticipation of litigation involving Ensign. The document contains factual information that was compiled by DOJ Trial Attorney(s) for the investigation and possible criminal prosecution and its release would reveal the mental impressions and legal strategies of the DOJ attorney(s) involved in the case. For example, the document contains a discussion involving whether to interview a witness/ subject and revelation of that information would improperly disclose the DOJ attorneys’ legal strategy. Basis for Withholding: (b)(5) (DPP). The information in this document is deliberative because it includes pre-decisional material that was compiled to assist DOJ attorney(s) in reaching a decision of whether to prosecute Ensign and because it reflects the give-and-take by which the government made that decision. The document contains factual information and subjective analysis intended to inform a final decision as to whether to prosecute Ensign. Disclosure of this material is likely to discourage government employees from keeping records of conversations or mental impressions related to evidence or witnesses. Disclosure would also likely confuse the public as to the final basis for the decision not to prosecute, as some of the information described in the document may have served as a basis for that decision. Basis for Withholding: (b)(6) and (b)(7)(C). The document is also being withheld in part to protect the personal privacy interests of lower-level DOJ employee (s), and the names and personal information of private third party individual(s). Revealing the names and personal

(b)(5) (AWP) and (b)(5) (DPP) The name(s) and personal information of lower- level DOJ employees and private third party individual(s) have been redacted under (b)(6) and (b)(7)(C)

X

64



FOIA Exemption

WIF RIP

information of a lower-level DOJ employee(s) and private third party individual(s), who maintain strong privacy interests, would not be justified by any ascertainable public interest. [1-page; 1-page]

CRM 106 [email sweep]; [Relativity]; [DOJ0000324] [EOUSA referral to CRM]

[ ], [ ], [SSCE]


February 24, 2011 LTR. Subject: Referral of Matters Arising from the Preliminary Inquiry of Senator John Ensign. Description: The SSCE is requesting access to the evidence obtained by DOJ during the investigation of Ensign. Basis for Withholding: (b)(6) and (b)(7)(C). The document is being withheld in part to protect the personal privacy interests of private third party individual(s). Revealing the name of private third party person(s) who maintains strong privacy interests, would not be justified by any ascertainable public interest. [2-pages]


X

CRM 107 [email sweep]; [Relativity]; [DOJ0000336]; [DOJ0000333- Duplicative]; [DOJ0000331- Duplicative]

Janet Webb, OEO, Deputy Director Raymond Hulser, PIN Principal Deputy Atty. for Litigation Janet Webb, OEO, Deputy Director Raymond Hulser, PIN Principal Deputy Atty. for Litigation Janet Webb, OEO, Deputy Director Raymond Hulser, PIN Principal Deputy Atty. for Litigation

Raymond Hulser, PIN Principal Deputy Atty. for Litigation Janet Webb, OEO, Deputy Director; Paul O’Brien, DAAG Raymond Hulser, PIN Principal Deputy Atty. for Litigation; Paul O’Brien, DAAG Janet Webb, OEO, Deputy Director; Paul O’Brien, DAAG Raymond Hulser, PIN Principal Deputy Atty. for Litigation; Paul O’Brien, DAAG Paul O’Brien, DAAG; Janet Webb, OEO, Deputy Director

September 22, 2011; September 21, 2011

Email Description: The document consists of six emails and email chains with the subject line: “RE: “Question.” The document consists of a legal strategy discussion to determine how to characterize certain individuals within the scope of a legal pleading and relates to the Ensign investigation. The document also cites to a relevant section of the USAM. Basis for Withholding: (b) 5 (AWP). The document constitutes AWP because it was created in anticipation of litigation involving Ensign. The document contains factual information that was compiled by DOJ Trial Attorney(s) for the investigation and possible criminal prosecution and its release would reveal the mental impressions and legal strategies of the attorneys involved in the case. For example, the document contains a discussion involving how to properly characterize certain persons within the context of a legal pleading and release of this information would improperly disclose the DOJ attorneys’ legal strategy. Basis for Withholding: (b)(5) (DPP). The information in this document is deliberative because it includes pre-decisional material that was compiled to assist DOJ attorney(s) in reaching a decision


X

65



FOIA Exemption

WIF RIP

of whether to prosecute Ensign and because it reflects the give-and-take by which the government made that decision. The document contains factual information and subjective analysis intended to inform a final decision as to whether to prosecute Ensign. Disclosure of this material is likely to discourage government employees from keeping records of conversations or mental impressions related to evidence or witnesses. Disclosure would also likely confuse the public as to the final basis for the decision not to prosecute, as some of the information described in the document may have served as a basis for that decision. Basis for Withholding: (b)(6) and (b)(7)(C). The document is also being withheld in part to protect the personal privacy interests of several private third party individuals. Revealing the names and personal information of private third parties, who maintain strong privacy interests, would not be justified by any ascertainable public interest. [3-pages; 3-pages; 2-pages]


[ ] Private Legal Counsel

Unknown PIN Trial Atty.(s).

June 6, 2011 Email Description: The document consists of single email with the subject line: “CONF CALL/Ensign. Basis for Withholding: (b)(6) and (b)(7)(C). The document is being withheld in part to protect the personal privacy interests of private third party individual(s). Revealing the name of private third party individual(s) who maintains strong privacy interests, would not be justified by any ascertainable public interest. [1-page]


X


[ ] PIN Summer Volunteer Intern


August 03, 2011; August 02, 2011

Email and MEMORANDUM Description: The document consists of single email with the subject line: “[ ] Memo” and with the attachment line: “[ ] 8.2.11.doxc.” MEMORANDUM Subject: “Memorandum Recommending Prosecution as to [ ] and [ ], Declination as to John Ensign.” Description: The document is a DOJ pros memo setting forth the detailed legal reasoning behind the decision recommending the prosecution/indictment of [ ] and

(b)(5) (AWP) and (b)(5) (DPP) The name(s) and personal information of lower level DOJ Employees and private third party individual(s) have been redacted under (b)(6) and (b)(7)(C)

X

66



FOIA Exemption

WIF RIP

[ ], and further declining the prosecution of Ensign. Basis for Withholding: (b)(5) (AWP). The document constitutes AWP because it was drafted to analyze a certain legal theory germane to the issue of whether to prosecute Ensign. The document contains legal theories and factual information that was created by a PIN Summer Volunteer Intern (Law Clerk) for use by PIN Trial Attorneys during the investigation and possible criminal prosecution of Ensign and its release would reveal the mental impressions and legal strategies of the DOJ attorney(s) involved in the case. For example, the document contains a list of the statutes that may be used in any possible criminal prosecution, and revelation of that information would improperly disclose the DOJ attorneys’ legal strategy. Basis for Withholding: (b)(5) (DPP). The information contained in this document is deliberative because it includes pre-decisional material that was compiled to assist policy-makers in reaching a decision as to whether to prosecute Ensign and because it reflects the give-and-take process by which the government reached that decision. The memo, for example, includes factual information and subjective legal analysis, in the form of the whether the government could successfully prosecute Ensign under a certain legal theory. Disclosure of this deliberative material could likely chill the open sharing of thoughts and impressions of ongoing criminal prosecutions. Disclosure is also likely to confuse the public about the final basis for the decision not to prosecute Ensign. Basis for Withholding: (b)( 6) and (b)(7)(C). The document is also being withheld in part to protect the personal privacy interests of several PIN employee(s) and private third party individual(s). Revealing the names and personal information of these PIN employee(s) and private third party individual(s), who maintain strong privacy interests, would not be justified by any ascertainable public interest. [1-page; 4-pages]

CRM 110 [ ] PIN Raymond June 07, 2012 Email & Attachment (b)(5) X

67



FOIA Exemption

WIF RIP

[email sweep]; [Relativity]; [DOJ0000345]; [DOJ0000346]

Employee Hulser, PIN Principal Deputy Atty. for Litigation; [ ] PIN Employee

Description: The document consists of single email with the subject line: “Update re 2011 Report to Congress” with an attachment line: “2011 Report to Congress – PIN Sheet.pdf.” Description: The document consists of a list of PIN open investigations. The document contains a reference to Senator Ensign. Basis for Withholding: (b) (5) (AWP). The document constitutes AWP because it was created in anticipation of litigation involving Ensign. The document contains factual information that was compiled by PIN Trial Attorney(s) for the investigation and possible criminal prosecution and its release would reveal the mental impressions and legal strategies of the DOJ attorney(s) involved in the case. For example, the document contains a comprehensive list of PIN cases and summarizes the status of those cases and revelation of that information would improperly disclose the DOJ attorneys’ legal strategy. Basis for Withholding: (b)(5) (DPP). The information in this document is deliberative because it includes pre-decisional material that was compiled to assist DOJ attorney(s) in reaching a decision of whether to prosecute Ensign and because it reflects the give-and-take by which the government made that decision. The document contains factual information and subjective analysis intended to inform a final decision as to whether to prosecute Ensign. Disclosure of this material is likely to discourage government employees from keeping records of criminal investigations. Disclosure would also likely confuse the public as to the final basis for the decision not to prosecute, as some of the information described in the document may have served as a basis for that decision. Basis for Withholding: (b)(6) and (b)(7)(C). The document is also being withheld in part to protect the personal privacy interests of PIN employee(s), and the names and personal information of third party individual(s). Revealing the names and personal information

(AWP) and (b)(5) (DPP) The name(s) and personal information of private third party individual(s) have been redacted under (b)(6) and (b)(7)(C) Portions of CRM 110 are deemed non-responsive

68



FOIA Exemption

WIF RIP

of a lower- level government employee and third parties, who maintain strong privacy interests, would not be justified by any ascertainable public interest. [1-page; 3-pages]


[ ] PIN Trial Atty.

[ ] PIN Trial Atty.(s).

February 01, 2011 Email Description: The document consists of three emails and the subject line: “Re: [ ]” “RE: [ ]” and “[ ].” Basis for Withholding: (b)(6) and (b)(7)(C). The document is being withheld in part to protect the personal privacy interests of several PIN Trial Attorney(s) and a private third party individual. Revealing the name of lower-level DOJ employee(s) and private third party individual(s) who maintains strong privacy interests, would not be justified by any ascertainable public interest. [1-page]

The name(s) and personal information of lower-level DOJ employees and private third party individual(s) have been redacted under (b)(6) and (b)(7)(C)

X

CRM 112 [email sweep]; [Relativity]; [DOJ0000851]; [DOJ0000852]; [DOJ0000856]

[ ] PIN Trial Atty.

[ ] PIN Trial Atty.

August 23, 2010 Email and AttachmentsDescription: The document consists of a single email and the subject line: “18 Facts Linked To Object [ ].pdf” and “20 Facts Linked To Object [ ].pdf.” The attachments contain references to Ensign. Basis for Withholding: (b)(3) (Grand Jury Material). Basis for Withholding: (b)( 5) (AWP). The document constitutes AWP because it was created in anticipation of litigation involving Ensign. The document contains factual information that was compiled by a PIN Trial Attorney for the investigation and possible criminal prosecution and its release would reveal the mental impressions and legal strategies of the DOJ attorney(s) involved in the case. For example, the document contains an analysis of the electronic evidence and revelation of that information would improperly disclose the DOJ attorneys’ legal strategy. Each attachment states at the bottom of the text page - “Confidential Attorney Work Product. Do Not Reproduce.” Basis for Withholding: (b)(5) (DPP). The information in this document is deliberative because it includes pre-decisional material that was compiled to assist DOJ attorney(s) in reaching a decision of whether to prosecute Ensign and because it reflects the give-and-take by which the

(b)(3) (Grand Jury Material); (b)(5) (AWP) and (b)(5) (DPP) The name(s) and personal information of lower-level DOJ employee(s) and private third party individual(s) have been redacted under (b)(6) and (b)(7)(C)

X

69



FOIA Exemption

WIF RIP

government made that decision. The document contains factual information and subjective analysis intended to inform a final decision as to whether to prosecute Ensign. Disclosure of this material is likely to discourage government employees from keeping records of criminal investigations. Disclosure would also likely confuse the public as to the final basis for the decision not to prosecute, as some of the information described in the document may have served as a basis for that decision. Basis for Withholding: (b)(6) and (b)(7)(C). The document is being withheld in part to protect the personal privacy interests of several PIN Trial Attorney(s) and private third party individual(s). Revealing the name of private third party individual(s) who maintains strong privacy interests, would not be justified by any ascertainable public interest. [1-page; 4-pages; 4-pages]


[ ] PIN Trial Atty.

Patty Stemler, Chief, Appellate Section

January 24, 2011 Email Description: The document consists of a single email and the subject line: “[ ].” The email contains a reference to the Ensign investigation. Basis for Withholding: (b)( 5) (AWP). The document constitutes AWP because it was created in anticipation of litigation involving Ensign. The document contains factual information that was compiled by a PIN Trial Attorney during an investigation and potential criminal prosecution and its release would reveal the mental impressions and legal strategies of the DOJ attorney(s) involved in the case. For example, the document discusses a legal issue encountered during the course of the investigation and revelation of that information would improperly disclose the DOJ attorneys’ legal strategy. Basis for Withholding: (b)(5) (DPP). The information in this document is deliberative because it includes pre-decisional material that was compiled to assist DOJ attorney(s) in reaching a decision of whether to prosecute Ensign and because it reflects the give-and-take by which the government made that decision. The document contains factual information and subjective

(b)(5) (AWP) and (b)(5) (DPP) The name(s) and personal information of DOJ employees and private third party individual(s) have been redacted under (b)(6) and (b)(7)(C) Portions of CRM 113 are deemed non-responsive

X

70



FOIA Exemption

WIF RIP

analysis intended to inform a final decision as to whether to prosecute Ensign. Disclosure of this material is likely to discourage government employees from keeping records of criminal investigations. Disclosure would also likely confuse the public as to the final basis for the decision not to prosecute, as some of the information described in the document may have served as a basis for that decision. Basis for Withholding: (b)(6) and (b)(7)(C). The document is being withheld in part to protect the personal privacy interests of a PIN Trial Attorney(s) and private third party individual(s). Revealing the name of lower-level DOJ employee(s) and private third party individual(s) who maintains strong privacy interests, would not be justified by any ascertainable public interest. [1-page]

CRM 114 [email sweep]; [Relativity]; [DOJ0001047]; [DOJ0001052-Duplicative] See also: CRM 162 [email sweep]; [Relativity]; [DOJ0001364]

Patty Stemler, Chief, Appellate Section

Mary Patrice Brown, DAAG; Mythili Raman, DAAG; Jack Smith, PIN Section Chief; Raymond Hulser, PIN Principal Deputy Atty. for Litigation; Joseph Wyderko, Principal Deputy Chief, Appellate Section

January 24, 2011 Email Description: The document consists of a single email and the subject line: “RE: [ ].” The email contains a reference to the Ensign investigation. Basis for Withholding: (b)( 5) (AWP). The document constitutes AWP because it was created in anticipation of litigation involving Ensign. The document contains factual information and legal analysis that was compiled by a DOJ attorney(s) for an ongoing criminal investigation and potential prosecution and its release would reveal the mental impressions and legal strategies of the DOJ attorney(s) involved in the case. For example, the document contains a discussion about a legal charging issue that arose during an investigation and revelation of that information would improperly disclose the DOJ attorneys’ legal strategy. Basis for Withholding: (b)(5) (DPP). The information in this document is deliberative because it includes pre-decisional material that was compiled to assist government attorneys in reaching a decision of whether to prosecute Ensign and because it reflects the give-and-take by which the government made that decision. The document contains factual information and subjective analysis intended to inform a final

(b)(5) (AWP) and (b)(5) (DPP) The name(s) and personal information of lower level DOJ employee(s) and private third party individual(s) have been redacted under (b)(6) and (b)(7)(C) Portions of CRM 114 are deemed non-responsive

X

71



FOIA Exemption

WIF RIP

decision as to whether to prosecute Ensign and others. Disclosure of this material is likely to discourage government employees from keeping records of criminal investigations. Disclosure would also likely confuse the public as to the final basis for the decision not to prosecute, as some of the information described in the document may have served as a basis for that decision. Basis for Withholding: (b)(6) and (b)(7)(C). The document is being withheld in part to protect the personal privacy interests of lower-level DOJ employee(s) and private third party individual(s). Revealing the name of lower-level DOJ employee(s) and private third party individual(s) who maintains strong privacy interests, would not be justified by any ascertainable public interest. [2-pages]


Patty Stemler, Chief, Appellate Section [ ] PIN Deputy Chief Patty Stemler, Chief, Appellate Section

[ ] PIN Deputy Chief Patty Stemler, Chief, Appellate Section [ ] PIN Deputy Chief

July 07, 2011 Email Description: The document consists of a single email and the subject line: “RE: Ensign.” Basis for Withholding: (b)( 5) (AWP). The document constitutes AWP because it was created in anticipation of litigation involving Ensign. The document contains factual information and legal analysis that was compiled by DOJ attorney(s) for the investigation and possible criminal prosecution and its release would reveal the mental impressions and legal strategies of the DOJ attorney(s) involved in the case. For example, the document contains a legal discussion about a charging issue and revelation of that information would improperly disclose the DOJ attorneys’ legal strategy. Basis for Withholding: (b)(5) (DPP). The information in this document is deliberative because it includes pre-decisional material that was compiled to assist DOJ attorney(s) in reaching a decision of whether to prosecute Ensign and because it reflects the give-and-take by which the government made that decision. The document contains factual information and subjective analysis intended to inform a final decision as to whether to prosecute Ensign. Disclosure of this material is likely to discourage government

(b)(5) (AWP) and (b)(5) (DPP) The name(s) and personal information of lower-level DOJ employees and private third party individual(s) have been redacted under (b)(6) and (b)(7)(C) Portions of CRM 115 are deemed non-responsive

X

72



FOIA Exemption

WIF RIP

employees from keeping records of criminal investigations. Disclosure would also likely confuse the public as to the final basis for the decision not to prosecute, as some of the information described in the document may have served as a basis for that decision. Basis for Withholding: (b)(6) and (b)(7)(C). The document is being withheld in part to protect the personal privacy interests of lower-level DOJ employee(s) and private third party individual(s). Revealing the name of private third party individual(s) who maintains strong privacy interests, would not be justified by any ascertainable public interest. [1-page]


[ ] PIN Trial Atty.

[ ], [ ], [ ], [ ], [ ], [ ], [ ] PIN Trial Atty.(s).

June 21, 2011 Email Description: The document consists of a single email and the subject line: “I know you’re all busy . . .” The message contains a one line reference to Ensign. Basis for Withholding: (b)(6) and (b)(7)(C). The document is being withheld in part to protect the personal privacy interests of lower-level DOJ employee(s). Revealing the name of private third party individual(s) who maintains strong privacy interests, would not be justified by any ascertainable public interest. [1-page]

The name(s) and personal information of lower-level DOJ employee(s) and private third party individual(s) have been redacted under (b)(6) and (b)(7)(C) Portions of CRM 116 are deemed non-responsive

X



Lanny A. Breuer, DAG; Raymond Hulser, PIN Principal Deputy Atty. for Litigation; Mythili Raman, DAAG; Mary Patrice Brown, DAAG

March 20, 2011 Email Description: The document consists of a single email and the subject line: “Talking Points – [ ] + Senate Ethics.” The message references Ensign. Basis for Withholding: (b)( 5) (AWP). The document constitutes AWP because it was created in anticipation of litigation involving Ensign. The document contains factual information and legal analysis compiled by a DOJ attorney(s) for the investigation and possible criminal prosecution of Ensign, and its release would reveal the mental impressions and legal strategies of the attorneys involved in the case. For example, the document contains a legal discussion about a charging issue and revelation of that information would improperly disclose the DOJ attorneys’ legal strategy. Basis for Withholding: (b)(5)


X

73



FOIA Exemption

WIF RIP

(DPP). The information in this document is deliberative because it includes pre-decisional material that was compiled to assist DOJ attorney(s) in reaching a decision of whether to prosecute Ensign and because it reflects the give-and-take by which the government made that decision. The document contains factual information and subjective analysis intended to inform a final decision as to whether to prosecute Ensign. Disclosure of this material is likely to discourage government employees from keeping records of criminal investigations. Disclosure would also likely confuse the public as to the final basis for the decision not to prosecute, as some of the information described in the document may have served as a basis for that decision. Basis for Withholding: (b)(6) and (b)(7)(C). The document is being withheld in part to protect the personal privacy interests of private third party individual(s). Revealing the names of private third party individual(s) who maintain strong privacy interests, would not be justified by any ascertainable public interest. [1-page]



[ ] PIN Deputy Chief; [ ] PIN Trial Atty.; Raymond Hulser, PIN Principal Deputy Atty. for Litigation; Mary Patrice Brown, DAAG

July 7, 2011 Email Description: The document consists of a single email and the subject line: “Ensign Update.” Basis for Withholding: (b)(6) and (b)(7)(C). The document is being withheld in part to protect the personal privacy interests of lower-level DOJ employee(s). Revealing the names of lower-level DOJ employee(s), who maintain strong privacy interests, would not be justified by any ascertainable public interest. [1-page]


X


PAO (SMO) PAO (SMO) December 01, 2010

Email Description: The document consists of a single email and the subject line: “DOJ DAILY NEWS WRAP.” The document contains a reference to Ensign. Basis for Withholding: (b)(6) and (b)(7)(C). The document is being withheld in part to protect the personal privacy interests of lower-level DOJ employee(s). Revealing the names of lower-level DOJ employee(s), who maintain strong privacy interests, would not be justified by any

The name(s) and personal information of lower-level DOJ employee(s) have been redacted under (b)(6) and (b)(7)(C) Portions of CRM 119 are deemed non-

X

74



FOIA Exemption

WIF RIP

ascertainable public interest. [3-pages]

responsive




June 14, 2010 Email Description: The document consists of a single email and the subject line: “FW: Meeting.” The document references Ensign. Basis for Withholding: (b)(6) and (b)(7)(C). The document is being withheld in part to protect the personal privacy interests of lower-level DOJ employee(s). Revealing the names of lower-level DOJ employee(s), who maintain strong privacy interests, would not be justified by any ascertainable public interest. [1-page]

The name(s) and personal information of lower-level DOJ employee(s) have been redacted under (b)(6) and (b)(7)(C) Portions of CRM 120 are deemed non-responsive

X



Jack Smith, PIN Section Chief; [ ], [ ], PIN Trial Atty.(s); [ ] (AUSADC); Raymond Hulser, PIN Principal Deputy Atty. for Litigation; [ ] PIN Deputy Chief

September 24, 2010

Email Description: The document consists of a single email and the subject line: “ENSIGN MEETING – DISCUSSION OF DRAFT PROS MEMO.” Basis for Withholding: (b)(6) and (b)(7)(C). The document is being withheld in part to protect the personal privacy interests of lower-level DOJ employee(s). Revealing the names of lower-level DOJ employee(s), who maintain strong privacy interests, would not be justified by any ascertainable public interest. [1-page]


X

CRM 122 [email sweep]; [Relativity]; [DOJ0001096] See also: CRM 153 [email sweep]; [Relativity]; [DOJ0001311-Duplicative]; [DOJ 0001314-Duplicative] See also: CRM 154 [email sweep]; [Relativity]; [DOJ0001316-Duplicative]


[ ], [ ], PIN Trial Atty.(s); Raymond Hulser, PIN Principal Deputy Atty. for Litigation

December 01, 2010

Email Description: The document consists of two emails and the subject line: “Re: Ensign” and “Ensign.” Basis for Withholding: (b)(5) (AWP). The document constitutes AWP because it consists of a PIN Attorney(s) recommendation to PIN managers to decline the prosecution of Ensign. The document discusses potential legal theories, evidence and factual information that was compiled by PIN Trial Attorney(s) during the investigation and possible criminal prosecution of Ensign, and its release would reveal the mental impressions and legal strategies of the attorneys involved in the case. For example, the document contains a detailed summary of the evidence obtained by PIN and how it might impact a potential criminal prosecution, and revelation of that information would improperly disclose the DOJ attorneys’ legal strategy. Basis for Withholding: (b)(5)

(b)(5) (AWP) and (b)(5) (DPP) The name(s) and personal information of lower-level DOJ employee(s) have been redacted under (b)(6) and (b)(7)(C)

X

75



FOIA Exemption

WIF RIP

(DPP). The information contained in this document is deliberative because it includes pre-decisional material that was compiled to assist policy-makers in reaching a decision as to whether to prosecute Ensign and because it reflects the give-and-take process by which the government reached that decision. The email message, for example, includes factual information and subjective analysis, in the form of the primary reason for immediate declination. Disclosure of this deliberative material could likely chill the open sharing of thoughts and impressions of ongoing criminal prosecutions. Disclosure is also likely to confuse the public about the final basis for the decision not to prosecute Ensign. Basis for Withholding: (b)(6) and (b)(7)(C). The document is being withheld in part to protect the personal privacy interests of lower-level DOJ employee(s). Revealing the names of lower-level DOJ employee(s), who maintain strong privacy interests, would not be justified by any ascertainable public interest. [1-page]


Jack Smith, PIN Section Chief [ ] Special Agent(FBI)

[ ] Special Agent (FBI); Raymond Hulser, PIN Principal Deputy Atty. for Litigation Jack Smith, PIN Section Chief

December 02, 2010

Email Description: The document consists of two emails and the subject line: “Re: Ensign” and “Ensign.” Basis for Withholding: (b)(6) and (b)(7)(C). The document is being withheld in part to protect the personal privacy interests of lower-level DOJ employee(s). Revealing the names of lower-level DOJ employee(s), who maintain strong privacy interests, would not be justified by any ascertainable public interest. [1-page]


X



Raymond Hulser, PIN Principal Deputy Atty. for Litigation; [ ] PIN Deputy Chief; [ ] PIN Trial Atty.

February 18, 2011 Email Description: The document consists of a single email and the subject line: “Review Ensign GJ Q+A.” Basis for Withholding: (b)(6) and (b)(7)(C). The document is being withheld in part to protect the personal privacy interests of lower-level DOJ employee(s). Revealing the names of lower-level DOJ employee(s), who maintain strong privacy interests, would not be justified by any ascertainable public interest. [1-page]


X

CRM 125 Jack Smith, Raymond March 17, 2011; Email (b)(5) X

76



FOIA Exemption

WIF RIP

[email sweep]; [Relativity]; [DOJ0001099]

PIN Section Chief

Hulser, PIN Principal Deputy Atty. for Litigation; Mythili Raman, DAAG; Mary Pat Brown, DAAG

March 16, 2011 Description: The document consists of six email and the subject line: “Re: Senate Ethics Committee re Ensign, et al” “RE: Senate Ethic Committee re Ensign, et al” “FW: Senate Ethics Committee re Ensign, et al” and “Senate Ethics Committee.” Basis for Withholding: (b)(5) (AWP). The document constitutes AWP because it summarizes PIN’s position with respect to DOJ’s response to the SSCE letter and its previous referral to DOJ. The document discusses potential legal strategy and information that was compiled by PIN Trial Attorney(s) during the investigation and possible criminal prosecution of Ensign, and its release would reveal the mental impressions and legal strategies of the DOJ attorney(s) involved in the case. For example, the document contains a detailed summary of how DOJ should respond to the SSCE letter and its referral to DOJ, its impact on any potential criminal prosecution, and revelation of that information would improperly disclose the DOJ attorneys’ legal strategy. Basis for Withholding: (b)(5) (DPP). The information contained in this document is deliberative because it includes pre-decisional material that was compiled to assist policy-makers in reaching a decision as to whether to prosecute Ensign and because it reflects the give-and-take process by which the government reached that decision. The email message, for example, includes factual information and subjective analysis, in the form of the primary reason for immediate declination. Disclosure of this deliberative material could likely chill the open sharing of thoughts and impressions of ongoing criminal prosecutions. Disclosure is also likely to confuse the public about the final basis for the decision not to prosecute Ensign. Basis for Withholding: (b)(6) and (b)(7)(C). The document is being withheld in part to protect the personal privacy interests of lower-level DOJ employee(s). Revealing the names of lower-level DOJ employee(s), who maintain strong privacy interests, would not be justified by any

(AWP) and (b)(5) (DPP) The name(s) and personal information of lower-level DOJ employee(s) have been redacted under (b)(6) and (b)(7)(C)

77



FOIA Exemption

WIF RIP




[ ], [ ], PIN Trial Atty.(s); Raymond Hulser, PIN Principal Deputy Atty. for Litigation

June 8, 2010 Email Description: The document consists of a single email and the subject line: “ENSIGN weekly mtg.” Basis for Withholding: (b)(6) and (b)(7)(C). The document is being withheld in part to protect the personal privacy interests of lower-level DOJ employee(s). Revealing the names of lower-level DOJ employee(s), who maintain strong privacy interests, would not be justified by any ascertainable public interest. [1-page]


X


Raymond Hulser, PIN Principal Deputy Atty. for Litigation [ ] (OLA) (JMD) Mythili Raman, DAAG

[ ] (OLA) (JMD); [ ] Mythili Raman, DAAG; Jack Smith, PIN Section Chief; [ ] (CRM); [ ] (OLA) (JMD); Mary Patrice Brown, DAAG Mythili Raman, DAAG; Jack Smith, PIN Section Chief; Raymond Hulser, PIN Principal Deputy Atty. for Litigation; [ ] (CRM); [ ] (OLA) (JMD); Mary Patrice Brown, DAAG [ ] (OLA) (JMD); [ ] Mythili Raman, DAAG; Jack Smith, PIN Section Chief; [ ] (CRM); [ ] (OLA) (JMD); Mary Patrice Brown, DAAG

May 27, 2012 Email Description: The document consists of three emails and the subject line: “Re: Draft of letter to OCE.” Basis for Withholding: (b)(5) (AWP). The document constitutes AWP because it summarizes DOJ’s posture with respect to a draft letter to the OCE. The document discusses potential legal strategy and information that was compiled by PIN Trial Attorney(s) during the Ensign investigation and its release would reveal the mental impressions and legal strategies of the attorneys involved in the case. For example, the document contains a discussion of how DOJ dealt with Congress insofar as the Ensign investigation and revelation of that information would improperly disclose the attorneys’ legal strategy. Basis for Withholding: (b)(5) (DPP). The information contained in this document is deliberative because it includes pre-decisional material that was compiled to assist policy-makers in reaching a decision as to whether to prosecute Ensign and other individuals because it reflects the give-and-take process by which the government reached that decision. The email message, for example, includes factual information and subjective analysis, in the form of the primary reason for immediate declination. Disclosure of this deliberative material could likely chill the open sharing of thoughts and impressions of ongoing criminal prosecutions. Disclosure is also likely to confuse the public about the final basis for the

(b)(5) (AWP) and (b)(5) (DPP) The name(s) and personal information of lower-level DOJ employee(s) have been redacted under (b)(6) and (b)(7)(C) Portions of CRM 127 are deemed non-responsive

X

78



FOIA Exemption

WIF RIP

decision not to prosecute Ensign. Basis for Withholding: (b)(6) and (b)(7)(C). The document is being withheld in part to protect the personal privacy interests of lower-level DOJ employee(s). Revealing the names of lower-level DOJ employee(s), who maintain strong privacy interests, would not be justified by any ascertainable public interest. [3-pages]



Jack Smith, PIN Section Chief;[ ], [ ], PIN Trial Attys.; [ ] (USADC); Raymond Hulser, PIN Principal Deputy Atty. for Litigation

August 8, 2010 Email Description: The document consists of a single email and the subject line: “Updated: WEEKLY ENSIGN MEETING.” Basis for Withholding: (b)(6) and (b)(7)(C). The document is being withheld in part to protect the personal privacy interests of lower-level DOJ employee(s). Revealing the names of lower-level DOJ employee(s), who maintain strong privacy interests, would not be justified by any ascertainable public interest. [1-page]


X



[ ], [ ], PIN Trial Atty.(s); [ ] (USADC); Raymond Hulser, PIN Principal Deputy Atty. for Litigation; Jack Smith, PIN Section Chief; [ ] PIN Deputy Chief

September 14, 2010

Email Description: The document consists of a single email and the subject line: “ENSIGN MEETING –DISCUSSION OF DRAFT PROS MEMO.” Basis for Withholding: (b)(6) and (b)(7)(C). The document is being withheld in part to protect the personal privacy interests of lower-level DOJ employee(s). Revealing the names of lower-level DOJ employee(s), who maintain strong privacy interests, would not be justified by any ascertainable public interest. [1-page]


X



Lanny A. Breuer, DAG; Mythili Raman, DAAG; Mary Patrice Brown, DAAG; Raymond Hulser, PIN Principal Deputy Atty. for Litigation; [ ] PIN Trial Atty.

May 27, 2012 Email Description: The document consists of a single email and the subject line: “Ensign [ ] Memo” and an attachment line: “ensign_ [ ].” Basis for Withholding: (b)(3) (Grand Jury Material). The 4-page attachment document is marked: “PRIVILEGED AND CONFIDENTIAL CONTAINS 6(e) MATERIAL.” Basis for Withholding: (b)(5) (AWP). The document constitutes AWP because it consists of PIN Trial Attorney(s) recommendation to DOJ managers regarding the prosecution of Ensign and other individuals. The document discusses potential legal theories,

(b)(3) (Grand Jury Material); (b)(5) (AWP) and (b)(5) (DPP) The name(s) and personal information of lower-level DOJ employee(s) have been redacted under (b)(6) and (b)(7)(C)

X

79



FOIA Exemption

WIF RIP

evidence and factual information that was compiled by PIN Trial Attorney(s) during the investigation and possible criminal prosecution of Ensign, and its release would reveal the mental impressions and legal strategies of the attorneys involved in the case. For example, the document contains a detailed discussion of grand jury investigative strategy with regard to the Ensign investigation, and revelation of that information would improperly disclose the DOJ attorneys’ legal strategy. Basis for Withholding: (b)(5) (DPP). The information contained in this document is deliberative because it includes pre-decisional material that was compiled to assist policy-makers in reaching a decision as to whether to prosecute Ensign and other individuals because it reflects the give-and-take process by which the government reached that decision. The email message, for example, includes factual information and subjective analysis, in the form of the primary reason for immediate declination. Disclosure of this deliberative material could likely chill the open sharing of thoughts and impressions of ongoing criminal prosecutions. Disclosure is also likely to confuse the public about the final basis for the decision not to prosecute Ensign. Basis for Withholding: (b)(6) and (b)(7)(C). The document is being withheld in part to protect the personal privacy interests of lower-level DOJ employee(s). Revealing the names of lower-level DOJ employee(s), who maintain strong privacy interests, would not be justified by any ascertainable public interest. [1-page; 4-pages]

CRM 131 [email sweep]; [Relativity]; [DOJ0001126] CRM 131 [email sweep]; [Relativity]; [DOJ0001140]; [DOJ0001143]

Jack Smith, PIN Section Chief Jack Smith, PIN Section Chief

[ ], [ ] (USADC); [ ], [ ], PIN Trial Atty.(s); Raymond Hulser, PIN Principal Deputy Atty. for Litigation; [ ] PIN Deputy Chief [ ], [ ], ( [ ], [ ], PIN Trial Atty.(s);

October 12, 2010; June 11, 2010

Email Description: The document consists of a single email and the subject line: “Re: WEEKLY ENSIGN MEETING.” Basis for Withholding: (b)(6) and (b)(7)(C). The document is being withheld in part to protect the personal privacy interests of lower-level DOJ employee(s). Revealing the names of lower-level DOJ employee(s), who maintain strong privacy interests, would not be justified by any ascertainable public interest.

The name(s) and personal information of lower-level DOJ employee(s) have been redacted under (b)(6) and (b)(7)(C) Portions of CRM 131 are deemed non-

X

80



FOIA Exemption

WIF RIP


[1-page] Email Description: The document consists of a single email and the subject line: “Alabama Weekly Progress Report.” The message contains a reference to Ensign. Basis for Withholding: (b)(6) and (b)(7)(C). The document is being withheld in part to protect the personal privacy interests of lower-level DOJ employee(s). Revealing the names of lower-level DOJ employee(s), who maintain strong privacy interests, would not be justified by any ascertainable public interest. [3-pages; 2-pages]

responsive



Mary Patrice Brown, DAAG; Mythili Raman, DAAG; Raymond Hulser, PIN Principal Deputy Atty. for Litigation; [ ], [ ], PIN Trial Atty.; [ ] (USADC)

February 4 2011 Email Description: The document consists of a single email and the subject line: “Ensign/[ ] Update.” Basis for Withholding: (b)(3) (Grand Jury Material). Basis for Withholding: (b)(5) (AWP). The document constitutes AWP because it consists of PIN Trial Attorneys recommendation to their DOJ managers regarding the prosecution of Ensign and other individuals. The document discusses potential legal theories, evidence and factual information that was compiled by PIN Trial Attorneys during the investigation and possible criminal prosecution of Ensign, and its release would reveal the mental impressions and legal strategies of the DOJ attorney(s) involved in the case. For example, the document contains a detailed discussion of grand jury investigative strategy with regard to the Ensign investigation, and revelation of that information would improperly disclose the DOJ attorneys’ legal strategy. Basis for Withholding: (b)(5) (DPP). The information contained in this document is deliberative because it includes pre-decisional material that was compiled to assist policy-makers in reaching a decision as to whether to prosecute Ensign and other individuals because it reflects the give-and-take process by which the government reached that decision. The email message, for example, includes factual information and subjective analysis, in the form of the primary reason for immediate

(b)(3) (Grand Jury Material); (b)(5) (AWP) and (b)(5) (DPP) The name(s) and personal information of lower-level DOJ employee(s) have been redacted under (b)(6) and (b)(7)(C)

X

81



FOIA Exemption

WIF RIP

declination. Disclosure of this deliberative material could likely chill the open sharing of thoughts and impressions of ongoing criminal prosecutions. Disclosure is also likely to confuse the public about the final basis for the decision not to prosecute Ensign. Basis for Withholding: (b)(6) and (b)(7)(C). The document is being withheld in part to protect the personal privacy interests of lower-level DOJ employee(s). Revealing the names of lower-level DOJ employee(s), who maintain strong privacy interests, would not be justified by any ascertainable public interest. [1-page]


Jack Smith, PIN Section Chief Raymond Hulser, PIN Principal Deputy Atty. for Litigation Mythili Raman, DAAG Mythili Raman, DAAG Raymond Hulser, PIN Principal

Raymond Hulser, PIN Principal Deputy Atty. for Litigation; Mythili Raman, DAAG; Mary Patrice Brown, DAAG Mythili Raman, DAAG; Jack Smith, PIN Section Chief; Mary Patrice Brown, DAAG Raymond Hulser, PIN Principal Deputy Atty. for Litigation; Mary Patrice Brown, DAAG; Jack Smith, PIN Section Chief Raymond Hulser, PIN Principal Deputy Atty. for Litigation; Mary Patrice Brown, DAAG; Jack Smith, PIN Section Chief Mythili Raman, DAAG;

April 22, 2011; April 21, 2011

Email Description: The document consists of five emails and the subject line: “Re: Senate letter” and “Senate letter.” Basis for Withholding: (b)(5) (AWP). The document constitutes AWP because it summarizes DOJ’s posture with respect to a draft letter to the SSCE. The document discusses potential legal strategy and information that was compiled by PIN Attorney(s) during the Ensign investigation and its release would reveal the mental impressions and legal strategies of the attorneys involved in the case. For example, the document contains a discussion of how DOJ dealt with the SSCE insofar as the Ensign investigation and revelation of that information would improperly disclose the DOJ attorneys’ legal strategy. Basis for Withholding: (b)(5) (DPP). The information contained in this document is deliberative because it includes pre-decisional material that was compiled to assist policy-makers in reaching a decision as to whether to prosecute Ensign and other individuals because it reflects the give-and-take process by which the government reached that decision. The email message, for example, includes factual information and subjective analysis, in the form of a discussion pertaining to charging decisions. Disclosure of this deliberative material could likely chill the open sharing of thoughts and impressions of ongoing criminal prosecutions. Disclosure is also likely to confuse the public


X

82



FOIA Exemption

WIF RIP

Deputy Atty. Litigation

Jack Smith, PIN Section Chief; Mary Patrice Brown, DAAG

about the final basis for the decision not to prosecute Ensign. Basis for Withholding: (b)(6) and (b)(7)(C). The document is being withheld in part to protect the personal privacy interests of lower-level DOJ employee(s). Revealing the names of lower-level DOJ employee(s), who maintain strong privacy interests, would not be justified by any ascertainable public interest. [1-page]



[ ] PIN Trial Atty.; Raymond Hulser, PIN Principal Deputy Atty. for Litigation

July 29, 2010 Email Description: The document consists of three email sand the subject line: “Re: Politico” and “Politico.” Basis for Withholding: (b)(6) and (b)(7)(C). The document is being withheld in part to protect the personal privacy interests of lower-level DOJ employee(s). Revealing the names of lower-level DOJ employee(s), who maintain strong privacy interests, would not be justified by any ascertainable public interest. [1-page]

The name(s) and personal information of lower-level DOJ employee(s) and other third party individual(s) have been redacted under (b)(6) and (b)(7)(C)

X




May 25, 2010 Email Description: The document consists of a single email and the subject line: “RE: Reference Check Memo-[ ].” Basis for Withholding: (b)(6) and (b)(7)(C). The document is being withheld in part to protect the personal privacy interests of lower-level DOJ employee(s). Revealing the names of lower-level DOJ employee(s), who maintain strong privacy interests, would not be justified by any ascertainable public interest. [2-pages]


X

CRM 136 [email sweep]; [Relativity]; [DOJ0001163] [Duplicative -EOUSA referral to CRM]


[ ], [ ], PIN Trial Atty.(s); [ ] (USADC); Raymond Hulser, PIN Principal Deputy Atty. for Litigation

July 13, 2010 Email Description: The document consists of a single email and the subject line: “Ensign.” Basis for Withholding: (b)(6) and (b)(7)(C). The document is being withheld in part to protect the personal privacy interests of lower-level DOJ employee(s). Revealing the names of lower-level DOJ employee(s), who maintain strong privacy interests, would not be justified by any ascertainable public interest. [1-page]


X

CRM 137 [email sweep]; [Relativity]; [DOJ0001164] [Duplicative -



June 07, 2010 Email Description: The document consists of a single email and the subject line: “Re: Projection for Document Review -Ensign” and

(b)(5) (AWP) and (b)(5) (DPP) The name(s)

X

83



FOIA Exemption

WIF RIP

EOUSA referral to CRM

“Projection for Document Review – Ensign.” Basis for Withholding: (b)(5) (AWP). The document constitutes AWP because it consists of PIN Trial Attorneys recommendation to DOJ managers regarding the prosecution of Sen. Ensign and other individuals. The document discusses potential document review that was compiled by PIN Attorney(s) during the investigation and possible criminal prosecution of Ensign, and its release would reveal the mental impressions and legal strategies of the attorneys involved in the case. For example, the document contains a detailed discussion of document review strategy with regard to the Ensign investigation, and revelation of that information would improperly disclose the attorneys’ legal strategy. Basis for Withholding: (b)(5) (DPP). The information contained in this document is deliberative because it includes pre-decisional material that was compiled to assist policy-makers in reaching a decision as to whether to prosecute Ensign and other individuals because it reflects the give-and-take process by which the government reached that decision. The email message, for example, includes factual information and subjective analysis, in the form of document review strategy. Disclosure of this deliberative material could likely chill the open sharing of thoughts and impressions of ongoing criminal prosecutions. Disclosure is also likely to confuse the public about the final basis for the decision not to prosecute Ensign. Basis for Withholding: (b)(6) and (b)(7)(C). The document is being withheld in part to protect the personal privacy interests of lower-level DOJ employee(s). Revealing the names of lower-level DOJ employee(s), who maintain strong privacy interests, would not be justified by any ascertainable public interest. [1-page]

and personal information of lower-level DOJ employee(s) have been redacted under (b)(6) and (b)(7)(C)



[ ], [ ], [ ], PIN Trial Atty.(s); Raymond Hulser, PIN Principal

June 11, 2010 Email Description: The document consists of a single email and the subject line: “RE: Alabama Weekly Progress Report.”


X

84



FOIA Exemption

WIF RIP

Deputy Atty. for Litigation

Basis for Withholding: (b)(6) and (b)(7)(C). The document is being withheld in part to protect the personal privacy interests of lower-level DOJ employee(s). Revealing the names of lower-level DOJ employee(s), who maintain strong privacy interests, would not be justified by any ascertainable public interest. [1-page]

employee(s) have been redacted under (b)(6) and (b)(7)(C) Portions of CRM 138 are deemed non-responsive




June 14, 2010 Email Description: The document consists of a single email and the subject line: “RE: Filter team memo.” The message contains a single word reference to Ensign. Basis for Withholding: (b)(6) and (b)(7)(C). The document is being withheld in part to protect the personal privacy interests of lower-level DOJ employee(s). Revealing the names of lower-level DOJ employee(s), who maintain strong privacy interests, would not be justified by any ascertainable public interest. [1-page]


X


Jack Smith, PIN Section Chief Raymond Hulser, PIN Principal Deputy Atty. for Litigation

Raymond Hulser, PIN Principal Deputy Atty. for Litigation Jack Smith, PIN Section Chief

May 27, 2010 Email Description: The document consists of two emails and the subject line: “RE: email question.” Basis for Withholding: (b)(5) (AWP). The document constitutes AWP because it consists of PIN Trial Attorney(s) recommendation to DOJ managers regarding the prosecution of Ensign and other individuals. The document discusses potential document review that was compiled by PIN Trial Attorney(s) during the investigation and possible criminal prosecution of Ensign, and its release would reveal the mental impressions and legal strategies of the DOJ attorney(s) involved in the case. For example, the document contains a detailed discussion of Senate documents with regard to the Ensign investigation, and revelation of that information would improperly disclose the DOJ attorneys’ legal strategy. Basis for Withholding: (b)(5) (DPP). The information contained in this document is deliberative because it includes pre-decisional material that was compiled to assist policy-makers in reaching a decision as to whether to prosecute Ensign and other individuals because it


X

85



FOIA Exemption

WIF RIP

reflects the give-and-take process by which the government reached that decision. The email message, for example, includes factual information and subjective analysis, in the form of how PIN should proceed with respect to Senate documents. Disclosure of this deliberative material could likely chill the open sharing of thoughts and impressions of ongoing criminal prosecutions. Disclosure is also likely to confuse the public about the final basis for the decision not to prosecute Ensign. Basis for Withholding: (b)(6) and (b)(7)(C). The document is being withheld in part to protect the personal privacy interests of lower-level DOJ employee(s). Revealing the names of lower-level DOJ employee(s), who maintain strong privacy interests, would not be justified by any ascertainable public interest. [2-pages]



[ ], [ ], [ ](CRM); Mythili Raman, DAAG; John Keeney, DAAG; Raymond Hulser, PIN Principal Deputy Atty. for Litigation

August 05, 2010 Email Description: The document consists of a single email and the subject line: “AAGReport(08 05 10).wpd.” Basis for Withholding: (b)(5) (AWP). The document constitutes AWP because it consists of PIN Attorney(s) recommendation to DOJ managers regarding the prosecution of Ensign and other individuals. The document discusses potential document review that was compiled by PIN Attorney(s) during the investigation and possible criminal prosecution of Ensign, and its release would reveal the mental impressions and legal strategies of the DOJ attorney(s) involved in the case. For example, the document contains a detailed discussion of the Ensign investigation prepared for the AAG, and revelation of that information would improperly disclose the DOJ attorneys’ legal strategy. Basis for Withholding: (b)(5) (DPP). The information contained in this document is deliberative because it includes pre-decisional material that was compiled to assist policy-makers in reaching a decision as to whether to prosecute Ensign and other individuals because it reflects the give-and-take process

(b)(5) (AWP) and (b)(5) (DPP) The name(s) and personal information of lower-level DOJ employee(s) and private third party individual(s) have been redacted under (b)(6) and (b)(7)(C) Portions of CRM 141 are deemed non-responsive

X

86



FOIA Exemption

WIF RIP

by which the government reached that decision. The email message, for example, includes factual information and subjective analysis, in the form of a detailed summary of the Ensign investigation prepared for the AAG. Disclosure of this deliberative material could likely chill the open sharing of thoughts and impressions of ongoing criminal prosecutions. Disclosure is also likely to confuse the public about the final basis for the decision not to prosecute Ensign. Basis for Withholding: (b)(6) and (b)(7)(C). The document is being withheld in part to protect the personal privacy interests of lower-level DOJ employee(s) and private third party individual(s). Revealing the names of lower-level DOJ employee(s) and private third party individual(s), who maintain strong privacy interests, would not be justified by any ascertainable public interest. [1-page; 2-pages]




August 25, 2010 Email Description: The document consists of a single email and the subject line: “Current Case Priorities” and attachments line: “CURRENT CASE PRIORITIES.docx.” The attachment is a list of PIN case priorities and references Ensign. Basis for Withholding: (b)(5) (AWP). The document constitutes AWP because it consists of PIN Attorney(s) recommendation to DOJ managers regarding the prosecution of Ensign and other individuals. The document discusses potential document review that was compiled by PIN Attorney(s) during the investigation and possible criminal prosecution of Ensign, and its release would reveal the mental impressions and legal strategies of the DOJ attorney(s) involved in the case. For example, the document contains a detailed discussion of Ensign investigation planning and revelation of that information would improperly disclose the DOJ attorneys’ legal strategy. Basis for Withholding: (b)(5) (DPP). The information contained in this document is deliberative because it includes pre-decisional material that was compiled to assist policy-makers

(b)(5) (AWP) and (b)(5) (DPP) The name(s) and personal information of lower-level DOJ employee(s) and private third party individual(s) have been redacted under (b)(6) and (b)(7)(C) Portions of CRM 142 are deemed non-responsive

X

87



FOIA Exemption

WIF RIP

in reaching a decision as to whether to prosecute Ensign and other individuals because it reflects the give-and-take process by which the government reached that decision. The attachment document, for example, includes factual information and subjective analysis, in the form of a detailed summary of the Ensign investigative plan. Disclosure of this deliberative material could likely chill the open sharing of thoughts and impressions of ongoing criminal prosecutions. Disclosure is also likely to confuse the public about the final basis for the decision not to prosecute Ensign. Basis for Withholding: (b)(6) and (b)(7)(C). The document is being withheld in part to protect the personal privacy interests of lower-level DOJ employee(s) and private third party individual(s). Revealing the names of lower-level DOJ employee(s) and private third party individual(s), who maintain strong privacy interests, would not be justified by any ascertainable public interest. [1-page; 3 -pages]




August 26, 2010 Email Description: The document consists of a single email and the subject line: “Case list for next week’s meeting” and attachments: “CURRENT CASE PRIORITIES1.docx. “ Basis for Withholding: (b)(6) and (b)(7)(C). The document is being withheld in part to protect the personal privacy interests of lower-level DOJ employee(s). Revealing the names of lower-level DOJ employee(s), who maintain strong privacy interests, would not be justified by any ascertainable public interest. [1-page; 4-pages]


X



Mythili Raman, DAAG; Raymond Hulser, PIN Principal Deputy Atty. for Litigation; [ ], PIN Deputy Chief

August 26, 2010 Email Description: The document consists of a single email and the subject line: “Meeting to Go Over PIN Priority Cases” and attachments: “CURRENT CASE PRIORITIES01.docx. “ Basis for Withholding: (b)(6) and (b)(7)(C). The document is being withheld in part to protect the personal privacy interests of lower-level DOJ employee(s). Revealing the names of lower-level DOJ employee(s), who maintain strong privacy interests, would not be justified by any


X

88



FOIA Exemption

WIF RIP

ascertainable public interest. [1-page; 5-pages]



Raymond Hulser, PIN Principal Deputy Atty. for Litigation [ ] PIN Deputy Chief

September 06, 2010

Email Description: The document consists of a single email and the subject line: “Goals” and attachments: “SEPTEMBER-DECEMBER2010 PRIORITIES.docx. “ Basis for Withholding: (b)(5) (AWP). The document constitutes AWP because it consists of PIN Attorney(s) recommendation to DOJ managers regarding the prosecution of Ensign. The document discusses the use of the grand jury and charging decisions by PIN Attorney(s) during the investigation and possible criminal prosecution of Ensign, and its release would reveal the mental impressions and legal strategies of the DOJ attorney(s) involved in the case. For example, the document contains a discussion of the use of the grand jury and charging decisions, and revelation of that information would improperly disclose the DOJ attorneys’ legal strategy. Basis for Withholding: (b)(5) (DPP). The information contained in this document is deliberative because it includes pre-decisional material that was compiled to assist policy-makers in reaching a decision as to whether to prosecute Ensign and other individuals because it reflects the give-and-take process by which the government reached that decision. The attachment document, for example, includes factual information involving the use of the grand jury and charging decisions with respect to the Ensign investigative. Disclosure of this deliberative material could likely chill the open sharing of thoughts and impressions of ongoing criminal prosecutions. Disclosure is also likely to confuse the public about the final basis for the decision not to prosecute Ensign. Basis for Withholding: (b)(6) and (b)(7)(C). The document is being withheld in part to protect the personal privacy interests of lower-level DOJ employee(s). Revealing the names of lower-level DOJ employee(s), who maintain strong privacy interests, would not be justified by any ascertainable public interest.


X

89



FOIA Exemption

WIF RIP

[1-page; 1-page] CRM 146 [email sweep]; [Relativity]; [DOJ0001208]


[ ] PIN Trial Atty.

September 15, 2010

Email Description: The document consists of a single email and the subject line: “[ ]. “ Basis for Withholding: (b)(5) (AWP). The document constitutes AWP because it consists of PIN Trial Attorney(s) recommendation to DOJ managers regarding the prosecution of Ensign. The document discusses an aspect of investigation and possible criminal prosecution of Ensign, and its release would reveal the mental impressions and legal strategies of the DOJ attorney(s) involved in the case. For example, the document questions the development of a certain aspect of the investigation, and revelation of that information would improperly disclose the DOJ attorneys’ legal strategy. Basis for Withholding: (b)(5) (DPP). The information contained in this document is deliberative because it includes pre-decisional material that was compiled to assist policy-makers in reaching a decision as to whether to prosecute Ensign and other individuals because it reflects the give-and-take process by which the government reached that decision. The attachment document, for example, includes a question regarding the status of a certain aspect of the Ensign investigative. Disclosure of this deliberative material could likely chill the open sharing of thoughts and impressions of ongoing criminal prosecutions. Disclosure is also likely to confuse the public about the final basis for the decision not to prosecute Ensign. Basis for Withholding: (b)(6) and (b)(7)(C). The document is being withheld in part to protect the personal privacy interests of lower-level DOJ employee(s). Revealing the names of lower-level DOJ employee(s), who maintain strong privacy interests, would not be justified by any ascertainable public interest. [1-page]


X



Jack Smith, PIN Section Chief; Raymond Hulser, PIN Principal Deputy Atty.

September 30, 2010

Email Description: The document consists of a single email and the subject line: “Draft pros memo.” Basis for Withholding: (b)(6) and (b)(7)(C). The document is being withheld in part to protect

The name(s) and personal information of lower-level DOJ employee(s) and private

X

90



FOIA Exemption

WIF RIP

for Litigation [ ] PIN Deputy Chief; [ ], PIN Trial Atty.

the personal privacy interests of lower-level DOJ employee(s) and private third party individual(s). Revealing the names of lower-level government employee(s) and private third party individual(s), who maintain strong privacy interests, would not be justified by any ascertainable public interest. [1-page]

third party individual(s) have been redacted under (b)(6) and (b)(7)(C) Portions of CRM 147 are deemed non-responsive



[ ] PIN Trial Atty.

October 4, 2010 Email Description: The document consists of a single email and the subject line: “RE: Camp “ Basis for Withholding: (b)(5) (AWP). The document constitutes AWP because it consists of a communication between PIN managers and a PIN Trial Attorney regarding developments in the prosecution of Ensign. The document discusses an aspect of investigation and possible criminal prosecution of Ensign, and its release would reveal the mental impressions and legal strategies of the DOJ attorney(s) involved in the case. For example, the document questions the investigation developments, and revelation of that information would improperly disclose the DOJ attorneys’ legal strategy. Basis for Withholding: (b)(6) and (b)(7)(C). The document is being withheld in part to protect the personal privacy interests of lower-level DOJ employee(s). Revealing the names of lower-level DOJ employee(s), who maintain strong privacy interests, would not be justified by any ascertainable public interest. [1-page]

(b)(5) (AWP) The name(s) and personal information of lower-level DOJ employee(s) have been redacted under (b)(6) and (b)(7)(C)

X



[ ], [ ], PIN Trial Atty.(s); [ ] (USADC); Raymond Hulser, PIN Principal Deputy Atty. for Litigation

June 15, 2010 Email Description: The document consists of a single email and the subject line: “WEEKLY ENSIGN MEETING.” Basis for Withholding: (b)(6) and (b)(7)(C). The document is being withheld in part to protect the personal privacy interests of lower-level DOJ employee(s). Revealing the names of lower-level DOJ employee(s), who maintain strong privacy interests, would not be justified by any ascertainable public interest. [1-page]


X

CRM 150 [email sweep]; [Relativity];

Unspecified Sender

[ ], [ ], PIN Trial Atty.(s); [ ] (USADC);

Undated; Undated; Undated;

Email Description: The document consists of a single email and the

The name(s) and personal information

X

91



FOIA Exemption

WIF RIP

[DOJ0001260]; [DOJ0001261]; [DOJ0001262]; [DOJ0001263]; [DOJ0001264]

[ ], PIN Deputy Chief; Raymond Hulser, PIN Principal Deputy Atty. for Litigation

Undated; Undated

subject line: “WEEKLY ENSIGN MEETING” “Updated: WEEKLY ENSIGN MEETING” and “ENSIGN MEETING – DISCCUSSION OF DRAFT PROS MEMO.” Basis for Withholding: (b)(6) and (b)(7)(C). The document is being withheld in part to protect the personal privacy interests of lower-level DOJ employee(s). Revealing the names of lower-level DOJ employee(s), who maintain strong privacy interests, would not be justified by any ascertainable public interest. [1-page; 1-page; 1-page; 1-page; 1-page]

of lower-level DOJ employee(s) have been redacted under (b)(6) and (b)(7)(C)



Raymond Hulser, PIN Principal Deputy Atty. for Litigation; [ ] PIN Deputy Chief

November 19, 2010

Email Description: The document consists of a single email and the subject line: “KeyCase List” and attachments line: “KEY CASE LIST.docx.” Basis for Withholding: (b)(3) (Grand Jury Material). Basis for Withholding: (b)(5) (AWP). The document constitutes AWP because it consists of a communication between PIN managers regarding developments in the prosecution of Ensign. The document discusses an aspect of investigation and possible criminal prosecution of Ensign and a proposed grand jury witness, and its release would reveal the mental impressions and legal strategies of the DOJ attorney(s) involved in the case. For example, the document reference investigation developments and makes reference to a proposed grand jury witness, and revelation of that information would improperly disclose the DOJ attorneys’ legal strategy. Basis for Withholding: (b)(6) and (b)(7)(C). The document is being withheld in part to protect the personal privacy interests of lower-level DOJ employee(s) and private third party individual(s). Revealing the names of lower-level DOJ employee(s) and private third party individual(s), who maintain strong privacy interests, would not be justified by any ascertainable public interest. [1-page; 5-pages]

(b)(3) (Grand Jury Material); (b)(5) (AWP) The name(s) and personal information of lower-level DOJ employee(s) and private third party individual(s) have been redacted under (b)(6) and (b)(7)(C) Portions of CRM 151 are deemed non-responsive

X



[ ], [ ], PIN Trial Atty.(s); Raymond Hulser, PIN

December 01, 2010

Email Description: The document consists of eight emails and the subject line: “RE: Ensign” “Re”

(b)(3) (Grand Jury Material); (b)(5)

X

92



FOIA Exemption

WIF RIP

[ ] PIN Trial Atty. Jack Smith, PIN Section Chief Mythili Raman, DAAG Jack Smith, PIN Section Chief [ ] (SMO) Jack Smith, PIN Section Chief [ ] (SMO)

Principal Deputy Atty. for Litigation Jack Smith, PIN Section Chief; [ ] PIN Trial Atty. ; Raymond Hulser, PIN Principal Deputy Atty. for Litigation [ ], [ ], PIN Trial Atty.(s) Jack Smith, PIN Section Chief; Raymond Hulser, PIN Principal Deputy Atty. for Litigation [ ] (SMO); Raymond Hulser, PIN Principal Deputy Atty. for Litigation; Mythili Raman, DAAG; [ ] (SMO) Jack Smith, PIN Section Chief; Raymond Hulser, PIN Principal Deputy Atty. for Litigation; Mythili Raman, DAAG; [ ] (SMO) [ ] (SMO); Raymond Hulser, PIN Principal Deputy Atty. for Litigation; Mythili Raman, DAAG; [ ] (SMO) Jack Smith, PIN Section Chief; Raymond

Ensign” and “Ensign.” Basis for Withholding: (b)(3) (Grand Jury Material). Basis for Withholding: (b)(5) (AWP). The document constitutes AWP because it consists of PIN Attorney(s) recommendation to DOJ managers regarding the prosecution of Ensign and other individuals. The document discusses a proposed grand jury witness, and discusses a “subject” of the Ensign investigation, and its release would reveal the mental impressions and legal strategies of the DOJ attorney(s) involved in the case. For example, the document contains a discussion regarding a proposed grand jury witness, and discusses a subject of the Ensign investigation, and revelation of that information would improperly disclose the DOJ attorneys’ legal strategy. Basis for Withholding: (b)(5) (DPP). The information contained in this document is deliberative because it includes pre-decisional material that was compiled to assist policy-makers in reaching a decision as to whether to prosecute Ensign and other individuals because it reflects the give-and-take process by which the government reached that decision. The email message, for example, includes factual information and subjective analysis, regarding a grand jury witness and a subject of the criminal investigation. Disclosure of this deliberative material could likely chill the open sharing of thoughts and impressions of ongoing criminal prosecutions. Disclosure is also likely to confuse the public about the final basis for the decision not to prosecute Ensign. Basis for Withholding: (b)(6) and (b)(7)(C). The document is being withheld in part to protect the personal privacy interests of lower-level DOJ employee(s) and private third party individual(s). Revealing the names of lower-level DOJ employee(s) and private third party individual(s), who maintain strong privacy interests, would not be justified by any ascertainable public interest. [3-pages]

(AWP) and (b)(5) (DPP) The name(s) and personal information of lower-level DOJ employee(s) and private third party individual(s) have been redacted under (b)(6) and (b)(7)(C)

93



FOIA Exemption

WIF RIP

Hulser, PIN Principal Deputy Atty. for Litigation; Mythili Raman, DAAG; [ ] (SMO)

CRM 153 [email sweep]; [Relativity]; [DOJ0001311] [DOJ0001314-Duplicative] See also: CRM 122 [email sweep]; [Relativity]; DOJ0001096-Duplicative] See also: CRM 154 [email sweep]; [Relativity]; [DOJ0001316-Duplicative]


[ ], [ ], PIN Trial Atty.; Raymond Hulser, PIN Principal Deputy Atty. for Litigation


Email Description: The document consists of eight emails and the subject line: “Re: Ensign” “RE: Ensign” and “Ensign.” Basis for Withholding: (b)(5) (AWP). The document constitutes AWP because it consists of a PIN Attorney’s recommendation to PIN managers to decline the prosecution of Ensign. The document discusses potential legal theories, evidence and factual information that was compiled by PIN Attorney(s) during the investigation and possible criminal prosecution of Ensign, and its release would reveal the mental impressions and legal strategies of the DOJ attorney(s) involved in the case. For example, the document contains a detailed summary of the evidence obtained by PIN and how it might impact a potential criminal prosecution, and revelation of that information would improperly disclose the DOJ attorneys’ legal strategy. Basis for Withholding: (b)(5) (DPP). The information contained in this document is deliberative because it includes pre-decisional material that was compiled to assist policy-makers in reaching a decision as to whether to prosecute Ensign and because it reflects the give-and-take process by which the government reached that decision. The email message, for example, includes factual information and subjective analysis, in the form of the primary reason for immediate declination. Disclosure of this deliberative material could likely chill the open sharing of thoughts and impressions of ongoing criminal prosecutions. Disclosure is also likely to confuse the public about the final basis for the decision not to prosecute Ensign. Basis for Withholding: (b)(6) and (b)(7)(C). The document is being withheld in part to protect the personal privacy interests of


X

94



FOIA Exemption

WIF RIP

lower-level DOJ employee(s). Revealing the names of lower-level DOJ employee(s), who maintain strong privacy interests, would not be justified by any ascertainable public interest. [3-pages]

CRM 154 [email sweep]; [Relativity]; [DOJ0001316] See also: CRM 153 [email sweep]; [Relativity]; [DOJ0001311] [DOJ0001314-Duplicative] See also: CRM 122 [email sweep]; [Relativity]; DOJ0001096]

Jack Smith, PIN Section Chief Raymond Hulser, PIN Principal Deputy Atty. for Litigation Jack Smith, PIN Section Chief Raymond Hulser, PIN Principal Deputy Atty. for Litigation Jack Smith, PIN Section Chief Raymond Hulser, PIN Principal Deputy Atty. for Litigation [ ] PIN Trial Atty.

Raymond Hulser, PIN Principal Deputy Atty. for Litigation Jack Smith, PIN Section Chief Raymond Hulser, PIN Principal Deputy Atty. for Litigation Jack Smith, PIN Section Chief Raymond Hulser, PIN Principal Deputy Atty. for Litigation; [ ], [ ], PIN Trial Atty.(s); Jack Smith, PIN Section Chief; [ ], [ ], PIN Trial Atty.(s) Jack Smith, PIN Section Chief; Raymond Hulser, PIN Principal Deputy Atty. for Litigation; [ ] PIN Trial Atty.(s);

December 02, 2010

Email Description: The document consists of eight emails and the subject line: “Re: Ensign” “RE: Ensign” and “Ensign.” Basis for Withholding: (b)(5) (AWP). The document constitutes AWP because it consists of a PIN Attorney’s recommendation to PIN managers to decline the prosecution of Ensign. The document discusses potential legal theories, evidence and factual information that was compiled by PIN Attorney(s) during the investigation and possible criminal prosecution of Ensign, and its release would reveal the mental impressions and legal strategies of the DOJ attorney(s) involved in the case. For example, the document contains a detailed summary of the evidence obtained by PIN and how it might impact a potential criminal prosecution, and revelation of that information would improperly disclose the DOJ attorneys’ legal strategy. Basis for Withholding: (b)(5) (DPP). The information contained in this document is deliberative because it includes pre-decisional material that was compiled to assist policy-makers in reaching a decision as to whether to prosecute Ensign and because it reflects the give-and-take process by which the government reached that decision. The email message, for example, includes factual information and subjective analysis, in the form of the primary reason for immediate declination. Disclosure of this deliberative material could likely chill the open sharing of thoughts and impressions of ongoing criminal prosecutions. Disclosure is also likely to confuse the public about the final basis for the decision not to prosecute Ensign. Basis for Withholding: (b)(6) and (b)(7)(C). The document is being withheld in part to protect the personal privacy interests of lower-level DOJ employee(s). Revealing the names of lower-level DOJ employee(s), who


X

95



FOIA Exemption

WIF RIP

maintain strong privacy interests, would not be justified by any ascertainable public interest. [2-pages]



[ ] (USADC); [ ], [ ], PIN Trial Atty.(s); Raymond Hulser, PIN Principal Deputy Atty. for Litigation; [ ] PIN Deputy Chief

December 03, 2010

Email Description: The document consists of a single email and the subject line: “Enisgn/[ ] Schedule.” Basis for Withholding: (b)(3) (Grand Jury Material). Basis for Withholding: (b)(5) (AWP). The document constitutes AWP because it consists of a communication between PIN managers regarding developments in the prosecution of Ensign. The document discusses an aspect of investigation and possible criminal prosecution of Ensign and a proposed grand jury witness, and its release would reveal the mental impressions and legal strategies of the DOJ attorney(s) involved in the case. For example, the document reference investigation developments and makes reference to a proposed grand jury witness, and revelation of that information would improperly disclose the DOJ attorneys’ legal strategy. Basis for Withholding: (b)(6) and (b)(7)(C). The document is being withheld in part to protect the personal privacy interests of lower-level DOJ employee(s) and private third party individual(s). Revealing the names of lower-level DOJ employee(s) and private third party individual(s), who maintain strong privacy interests, would not be justified by any ascertainable public interest. [1-page]

(b)(3) (Grand Jury Material); (b)(5) (AWP) The name(s) and personal information of lower-level DOJ employee(s) and private third party individual(s) have been redacted under (b)(6) and (b)(7)(C)

X



[ ], [ ], (USADC); [ ], [ ], PIN Trial Atty.(s); Raymond Hulser, PIN Principal Deputy Atty. for Litigation; [ ] PIN Deputy Chief ; Mary Patrice Brown (DAAG); Mythili Raman (DAAG)

December 06, 2010

Email Description: The document consists of a single email and the subject line: “Enisgn/[ ].” Basis for Withholding: (b)(5) (AWP). The document constitutes AWP because it consists of a communication between PIN managers regarding developments in the prosecution of Ensign. The document discusses an aspect of investigation and possible criminal prosecution of Ensign and an issue involving witness immunity, and its release would reveal the mental impressions and legal strategies of the DOJ attorney(s) involved in the case.

(b)(5) (AWP) The name(s) and personal information of lower-level DOJ employee(s) and private third party individual(s) have been redacted under (b)(6) and (b)(7)(C)

X

96



FOIA Exemption

WIF RIP

For example, the document reference investigation developments and makes reference to a proposed witness immunity issue, and revelation of that information would improperly disclose the DOJ attorneys’ legal strategy. Basis for Withholding: (b)(6) and (b)(7)(C). The document is being withheld in part to protect the personal privacy interests of lower-level DOJ employee(s) and private third party individual(s). Revealing the names of lower-level government employee(s) and private third party individual(s), who maintain strong privacy interests, would not be justified by any ascertainable public interest. [1-page]



Mary Patrice Brown (DAAG)

December 08, 2010

Email Description: The document consists of four emails and the subject line: “Re” and “FW.” The email messages reference Ensign. Basis for Withholding: (b)(5) (AWP). The document constitutes AWP because it consists of a communication between DOJ management regarding developments in the prosecution of Ensign. The document discusses an aspect of investigation and possible criminal prosecution of Ensign and a potential subject, and its release would reveal the mental impressions and legal strategies of the DOJ attorney(s) involved in the case. For example, the document reference investigation developments and makes reference to a proposed subject, and revelation of that information would improperly disclose the DOJ attorneys’ legal strategy. Basis for Withholding: (b)(6) and (b)(7)(C). The document is being withheld in part to protect the personal privacy interests of lower-level DOJ employee(s) and private third party individual(s). Revealing the names of lower-level DOJ employee(s) and private third party individual(s), who maintain strong privacy interests, would not be justified by any ascertainable public interest. [1-page]

(b)(5) (AWP) The name(s) and personal information of lower-level DOJ employee(s) and private third party individual(s) have been redacted under (b)(6) and (b)(7)(C)

X



Mary Patrice Brown, DAAG


Email Description: The document consists of a single email with the subject line: “PIN Case List and an attachments line: “Omnibus


X

97



FOIA Exemption

WIF RIP

case list December 2010.wpd.” The attachment at pages 9-10 references Ensign. The attachment is a Memorandum containing a detailed synopsis re: “Status of [PIN] Cases as of December 2010.” Basis for Withholding: (b) 5 (AWP). The document constitutes AWP because it was created in anticipation of litigation involving Ensign. The document contains factual information that was compiled by DOJ attorney(s) for the investigation and possible criminal prosecution and its release would reveal the mental impressions and legal strategies of the DOJ attorney(s) involved in the case. For example, the document contains a comprehensive list of cases and summarizes the status of those cases and revelation of that information would improperly disclose the DOJ attorneys’ legal strategy. Basis for Withholding: (b)(5) (DPP). The information in this document is deliberative because it includes pre-decisional material that was compiled to assist government attorneys in reaching a decision of whether to prosecute Ensign and because it reflects the give-and-take by which the government made that decision. The document contains factual information and subjective analysis intended to inform a final decision as to whether to prosecute Ensign. Disclosure of this material is likely to discourage government employees from keeping records of conversations or mental impressions related to evidence or witnesses. Disclosure would also likely confuse the public as to the final basis for the decision not to prosecute, as some of the information described in the document may have served as a basis for that decision. Basis for Withholding: (b)(6) and (b)(7)(C). The document is also being withheld in part to protect the personal privacy interests of private third party individual(s). Revealing the names and personal information of private third party individual(s), who maintain strong privacy interests, would not be justified by any ascertainable public interest.

and personal information of private third party individual(s) have been redacted under (b)(6) and (b)(7)(C) Portions of CRM 158 are deemed non-responsive

98



FOIA Exemption

WIF RIP

[1-page; 20-pages] CRM 159 [email sweep]; [Relativity]; [DOJ0001348]


[ ], [ ], [ ], PIN Trial Atty.(s); Raymond Hulser, PIN Principal Deputy Atty. for Litigation

December 09, 2010

Email Description: The document consists of a single email and the subject line: “[ ].” Basis for Withholding: (b)(6) and (b)(7)(C). The document is being withheld in part to protect the personal privacy interests of lower-level DOJ employee(s). Revealing the names of lower-level DOJ employee(s), who maintain strong privacy interests, would not be justified by any ascertainable public interest. [1-page]


X



Mythili Raman, DAAG

December 16, 2010

Email Description: The document consists of a single email and the subject line: “Re: Lanny did interview with NYT today on PIN.” Basis for Withholding: (b)(6) and (b)(7)(C). The document is being withheld in part to protect the personal privacy interests of lower-level DOJ employee(s). Revealing the names of lower-level DOJ employee(s), who maintain strong privacy interests, would not be justified by any ascertainable public interest. [1-page]


X


Jack Smith, PIN Section Chief [ ] PIN Trial Atty. Jack Smith, PIN Section Chief

[ ], [ ] PIN Trial Atty.(s); [ ] PIN Deputy Chief; Raymond Hulser, PIN Principal Deputy Atty. for Litigation Jack Smith, PIN Section Chief; Raymond Hulser, PIN Principal Deputy Atty. for Litigation; [ ] PIN Deputy Chief; [ ], [ ], [ ], [ ], (USADC); PIN Trial Atty. Raymond Hulser, PIN Principal Deputy Atty. for Litigation; [ ], [ ] PIN


Email Description: The document consists of a six emails with the subject line: “RE: Final Pros Memo” and “Final Pros Memo.” Basis for Withholding: (b) 5 (AWP). The document constitutes AWP because it was created in anticipation of litigation involving Ensign. The document contains factual information that was compiled by DOJ attorney(s) for the investigation and possible criminal prosecution and its release would reveal the mental impressions and legal strategies of the DOJ attorney(s) involved in the case. For example, the document contains references to the pros memo related to the Ensign investigation, and revelation of that information would improperly disclose the DOJ attorneys’ legal strategy. Basis for Withholding: (b)(5) (DPP). The information in this document is deliberative because it includes pre-decisional material that was compiled to assist government attorneys in reaching a decision of whether to charge or prosecute Ensign and because it


X

99



FOIA Exemption

WIF RIP

Raymond Hulser, PIN Principal Deputy Atty. for Litigation Jack Smith, PIN Section Chief [ ] PIN Trial Atty.

Trial Atty.(s); [ ] PIN Deputy Chief Jack Smith, PIN Section Chief; [ ], [ ] PIN Trial Atty.(s); [ ] PIN Deputy Chief Raymond Hulser, PIN Principal Deputy Atty. for Litigation; [ ], [ ] PIN Trial Atty.(s); [ ] PIN Deputy Chief Jack Smith, PIN Section Chief; Raymond Hulser, PIN Principal Deputy Atty. for Litigation; [ ] PIN Deputy Chief; [ ], [ ], [ ], [ ], (USADC); PIN Trial Atty.

reflects the give-and-take by which the government made that decision. The document contains factual information and subjective analysis intended to inform a final decision as to whether to prosecute individuals related to the Ensign investigation. Disclosure of this material is likely to discourage government employees from keeping records of conversations or mental impressions related to evidence or witnesses. Disclosure would also likely confuse the public as to the final basis for the decision not to prosecute, as some of the information described in the document may have served as a basis for that decision. Basis for Withholding: (b)(6) and (b)(7)(C). The document is also being withheld in part to protect the personal privacy interests of lower-level DOJ employee(s) and private third party individual(s). Revealing the names and personal information of lower-level DOJ employee(s) and private third party individual(s), who maintain strong privacy interests, would not be justified by any ascertainable public interest. [3-pages]

CRM 162 [email sweep]; [Relativity]; [DOJ0001364] See also: CRM 114 [email sweep]; [Relativity]; [DOJ0001047]; [DOJ0001052-Duplicative]

Jack Smith, PIN Section Chief Patty Stemler, Chief, Appellate Section Mary Patrice Brown, DAAG

[ ], [ ], PIN Trial Atty.(s) Mary Patrice Brown, DAAG; Mythili Raman, DAAG; Jack Smith, PIN Section Chief; Raymond Hulser, PIN Principal Deputy Atty. for Litigation; Joseph Wyderko, Principal Deputy Chief, Appellate Section Patty Stemler, Chief, Appellate Section; Mythili

January 24, 2011 Email Description: The document consists of a single email and the subject line: “Fw: [ ]” and “[ ].” The email contains a reference to the Ensign investigation. Basis for Withholding: (b)( 5) (AWP). The document constitutes AWP because it was created in anticipation of litigation involving Ensign. The document contains factual information and legal analysis that was compiled by DOJ attorney(s) for the investigation and possible criminal prosecution and its release would reveal the mental impressions and legal strategies of the DOJ attorney(s) involved in the case. For example, the document contains a discussion about a legal charging issue that arose during an investigation and revelation of that information would improperly disclose the DOJ attorneys’ legal strategy. Basis for Withholding: (b)(5) (DPP). The information in this document is deliberative because

(b)(5) (AWP) and (b)(5) (DPP) The name(s) and personal information of lower level DOJ employees and private third party individuals have been redacted under (b)(6) and (b)(7)(C)

X

100



FOIA Exemption

WIF RIP

Raman, DAAG; Jack Smith, PIN Section Chief; Raymond Hulser, PIN Principal Deputy Atty. for Litigation

it includes pre-decisional material that was compiled to assist government attorneys in reaching a decision of whether to prosecute Ensign and because it reflects the give-and-take by which the government made that decision. The document contains factual information and subjective analysis intended to inform a final decision as to whether to prosecute Ensign and others. Disclosure of this material is likely to discourage government employees from keeping records of criminal investigations. Disclosure would also likely confuse the public as to the final basis for the decision not to prosecute, as some of the information described in the document may have served as a basis for that decision. Basis for Withholding: (b)(6) and (b)(7)(C). The document is being withheld in part to protect the personal privacy interests of private third party individual(s). Revealing the name of private third party individual(s) who maintains strong privacy interests, would not be justified by any ascertainable public interest. [2-pages]


Jack Smith, PIN Section Chief Mary Patrice Brown, DAAG [ ],(USADC) Mary Patrice Brown,

[ ], [ ], PIN Trial Atty.(s); Raymond Hulser, PIN Principal Deputy Atty. for Litigation Lanny A. Breuer, AAG; Mythili Raman, DAAG; Jack Smith, PIN Section Chief; Raymond Hulser, PIN Principal Deputy Atty. for Litigation; [ ], PIN Deputy Chief; [ ], PIN Trial Atty. Mary Patrice Brown, DAAG; [ ](USADC) [ ], [ ], (USADC)

February 02, 2011 Email Description: The document consists of a single email and the subject line: “FW: Following up” and “Following up.” Basis for Withholding: (b)(3) (Grand Jury Material). Basis for Withholding: (b)(5) (AWP). The document constitutes AWP because it consists of a communication between DOJ managers regarding developments in the prosecution of Ensign. The document discusses an aspect of investigation and possible criminal prosecution of Ensign and a proposed grand jury witness, and its release would reveal the mental impressions and legal strategies of the DOJ attorney(s) involved in the case. For example, the document reference investigation developments and makes reference to a proposed grand jury witness, and revelation of that information would improperly disclose the DOJ attorneys’ legal strategy. Basis for Withholding: (b)(6) and (b)(7)(C). The document is


X

101



FOIA Exemption

WIF RIP

DAAG

being withheld in part to protect the personal privacy interests of lower-level DOJ employee(s) and private third party individual(s). Revealing the names of lower-level DOJ employee(s) and private third party individual(s), who maintain strong privacy interests, would not be justified by any ascertainable public interest. [1-page]


Jack Smith, PIN Section Chief [ ] PIN Trial Atty.

Mary Patrice Brown, DAAG Jack Smith, PIN Section Chief; Raymond Hulser, PIN Principal Deputy Atty. for Litigation; [ ] PIN Trial Atty.

February 08, 2011 Email Description: The document consists of two emails and the subject line: “RE: [ ]” and “[ ].” Basis for Withholding: (b)(3) (Grand Jury Material). Basis for Withholding: (b)(5) (AWP). The document constitutes AWP because it consists of a communication between DOJ managers regarding developments in the prosecution of Ensign. The document discusses an aspect of investigation and possible criminal prosecution of Ensign and a proposed grand jury witness, and its release would reveal the mental impressions and legal strategies of the DOJ attorney(s) involved in the case. For example, the document reference investigation developments and makes reference to a proposed grand jury witness, and revelation of that information would improperly disclose the DOJ attorneys’ legal strategy. Basis for Withholding: (b)(6) and (b)(7)(C). The document is being withheld in part to protect the personal privacy interests of lower-level DOJ employee(s) and private third party individual(s). Revealing the names of lower-level DOJ employee(s) and private third party individual(s), who maintain strong privacy interests, would not be justified by any ascertainable public interest. [1-page]


X



[ ] PIN Trial Atty.; Mary Patrice Brown, DAAG

February 10, 2011 Email Description: The document consists of two emails and the subject line: “Ensign.” Basis for Withholding: (b)(3) (Grand Jury Material). Basis for Withholding: (b)(5) (AWP). The document constitutes AWP because it consists of a communication between DOJ managers regarding developments in the prosecution of Ensign. The document

(b)(3) (Grand Jury Material); (b)(5) (AWP) The name(s) and personal information of lower-level DOJ employee(s) have been

X

102



FOIA Exemption

WIF RIP

discusses an aspect of investigation and possible criminal prosecution of Ensign and references a proposed grand jury witness, and its release would reveal the mental impressions and legal strategies of the DOJ attorney(s) involved in the case. For example, the document references investigative developments and makes reference to a proposed grand jury witness, and revelation of that information would improperly disclose the DOJ attorneys’ legal strategy. Basis for Withholding: (b)(6) and (b)(7)(C). The document is being withheld in part to protect the personal privacy interests of lower-level DOJ employee(s). Revealing the names of lower-level DOJ employee(s) and private third party individual(s), who maintain strong privacy interests, would not be justified by any ascertainable public interest. [1-page]

redacted under (b)(6) and (b)(7)(C)



[ ], PIN Trial Atty.; Raymond Hulser, PIN Principal Deputy Atty. for Litigation

February 11, 2011 Email Description: The document consists of two emails and the subject line: “RE: Ensign [ ]” and “Ensign” and an attachments line: “ensign [ ].wpd.” Basis for Withholding: (b)(3) (Grand Jury Material). The document attachment contains a banner headline reading: “PRIVILEGED AND CONFIDENTIAL CONTAINS 6(e) MATERIAL.” Basis for Withholding: (b)(5) (AWP). The document constitutes AWP because it consists of a communication between DOJ managers regarding developments in the prosecution of Ensign. The document discusses an aspect of investigation and possible criminal prosecution of Ensign and a proposed grand jury witness, and its release would reveal the mental impressions and legal strategies of the DOJ attorney(s) involved in the case. For example, the document reference investigation developments and makes reference to a proposed grand jury witness, and revelation of that information would improperly disclose the DOJ attorneys’ legal strategy. Basis for Withholding: (b)(6) and (b)(7)(C). The document is

(b)(3) (Grand Jury Material); (b)(5) (AWP) The name(s) and personal information of lower-level DOJ employee(s) have been redacted under (b)(6) and (b)(7)(C)

X

103



FOIA Exemption

WIF RIP

being withheld in part to protect the personal privacy interests of lower-level DOJ employee(s). Revealing the names of lower-level DOJ employee(s) and private third party individual(s), who maintain strong privacy interests, would not be justified by any ascertainable public interest. [1-page; 4-pages]


Jack Smith, PIN Section Chief Mary Patrice Brown, DAAG Lanny A. Breuer, AAG Mary Patrice Brown, DAAG

Mary Patrice Brown, DAAG; Lanny A. Breuer, AAG; Mythili Raman, DAAG; Raymond Hulser, PIN Principal Deputy Atty. for Litigation; [ ] PIN Trial Atty. Lanny A. Breuer, AAG; Jack Smith, PIN Section Chief; Raymond Hulser, PIN Principal Deputy Atty. for Litigation; [ ] PIN Trial Atty. Mary Patrice Brown, DAAG; Jack Smith, PIN Section Chief; Mythili Raman, DAAG; Raymond Hulser, PIN Principal Deputy Atty. for Litigation; [ ] PIN Trial Atty. Lanny A. Breuer, AAG; Jack Smith, PIN Section Chief; Mythili Raman, DAAG; Raymond Hulser, PIN Principal Deputy Atty.

February 14, 2011

Email Description: The document consists of six emails with the subject line: “RE: Ensign [ ],” “Re: Ensign [ ]”and “Ensign [ ]” and an attachments line: “BULLET POINTS FOR DISCUSSION ON [ ] JOHN ENSIGN.docx.” Basis for Withholding: (b)(3) (Grand Jury Material). Basis for Withholding: (b) 5 (AWP). The document constitutes AWP because it was created in anticipation of litigation involving Ensign. The document contains factual information that was compiled by DOJ attorney(s) for the investigation and possible criminal prosecution and its release would reveal the mental impressions and legal strategies of the DOJ attorney(s) involved in the case. For example, the document contains references to bullet points related to the Ensign investigation and a proposed grand jury witness, and revelation of that information would improperly disclose the DOJ attorneys’ legal strategy. Basis for Withholding: (b)(5) (DPP). The information in this document is deliberative because it includes pre-decisional material that was compiled to assist government attorneys in reaching a decision of whether to prosecute Ensign and because it reflects the give-and-take by which the government made that decision. The document contains factual information and subjective analysis intended to inform a final decision as to whether to prosecute certain individuals related to the Ensign investigation. Disclosure of this material is likely to discourage government employees from keeping records of conversations or mental impressions related to evidence or witnesses. Disclosure would also likely confuse the public as to the final basis for the decision not to prosecute, as some


X

104



FOIA Exemption

WIF RIP

Lanny A. Breuer, AAG Jack Smith, PIN Section Chief

for Litigation; [ ] PIN Trial Atty. Jack Smith, PIN Section Chief; Mary Patrice Brown, DAAG; Mythili Raman, DAAG; Raymond Hulser, PIN Principal Deputy Atty. for Litigation; [ ] PIN Trial Atty. Lanny A. Breuer, AAG; Mary Patrice Brown, DAAG; Mythili Raman, DAAG; Raymond Hulser, PIN Principal Deputy Atty. for Litigation; [ ] PIN Trial Atty.

of the information described in the document may have served as a basis for that decision. Basis for Withholding: (b)(6) and (b)(7)(C). The document is also being withheld in part to protect the personal privacy interests of lower-level DOJ employee(s) and private third party individual(s). Revealing the names and personal information of lower-level DOJ employee(s) and private third parties, who maintain strong privacy interests, would not be justified by any ascertainable public interest. [2-pages; 2-pages]


Jack Smith, PIN Section Chief [ ](SMO) [ ] legal.senate.gov

Raymond Hulser, PIN Principal Deputy Atty. for Litigation; [ ], [ ], PIN Trial Atty.(s); Mary Patrice Brown, DAAG [ ](JMD); [ ] (SMO); Jack Smith, PIN Section Chief; Raymond Hulser, PIN Principal Deputy Atty. for Litigation; Mythili Raman, DAAG [ ] (SMO)

February 15, 2011

Email Description: The document consists of three emails with the subject line: “FW: Immunity notice from Senate Legal Counsel,” “Immunity notice” and an attachments line: “doj notify ensign immunities ltr 021511.pdf.” Basis for Withholding: (b)(3) (Grand Jury Material). Basis for Withholding: (b) 5 (AWP). The document constitutes AWP because it was created in anticipation of litigation involving Ensign. The document contains factual information that was compiled by DOJ attorney(s) for the investigation and possible criminal prosecution and its release would reveal the mental impressions and legal strategies of the DOJ attorney(s) involved in the case. For example, the document discusses prosecutorial immunity issues related to the Ensign investigation and further involving a grand jury witness and revelation of that information would improperly disclose the


X

105



FOIA Exemption

WIF RIP

DOJ attorneys’ legal strategy. Basis for Withholding: (b)(5) (DPP). The information in this document is deliberative because it includes pre-decisional material that was compiled to assist DOJ attorney(s) in reaching a decision of whether to prosecute Sen. Ensign and because it reflects the give-and-take by which the government made that decision. The document contains factual information and subjective analysis intended to inform a final decision as to whether to prosecute certain individuals related to the Ensign investigation. Disclosure of this material is likely to discourage government employees from keeping records of conversations or mental impressions related to evidence or witnesses. Disclosure would also likely confuse the public as to the final basis for the decision not to prosecute, as some of the information described in the document may have served as a basis for that decision. Basis for Withholding: (b)(6) and (b)(7)(C). The document is also being withheld in part to protect the personal privacy interests of lower-level DOJ employee(s) and private third party individual(s). Revealing the names and personal information of lower-level DOJ employee(s) and private third party individual(s), who maintain strong privacy interests, would not be justified by any ascertainable public interest. [1-page; 2-pages]

CRM 169 [email sweep]; [Relativity]; [DOJ0001886]; DOJ0001885-Duplicative]; [DOJ0001884-Duplicative]


[ ] PIN Trial Atty.; Raymond Hulser, PIN Principal Deputy Atty. for Litigation Mythili Raman, DAAG; Mary Patrice Brown, DAAG; Raymond Hulser, PIN Principal Deputy Atty. for Litigation; [ ], [ ], PIN Trial Atty.(s)

February 17, 2011

Email Description: The document consists of two emails with the subject line: “Fw: Revised,”” Re: Revised” and “Revised.” Basis for Withholding: (b) 5 (AWP). The document constitutes AWP because it was created in anticipation of litigation involving Ensign. The document contains factual information that was compiled by DOJ attorney(s) for the investigation and possible criminal prosecution and its release would reveal the mental impressions and legal strategies of the DOJ attorney(s) involved in the case. For example, the document discusses prosecutorial charging decisions related to the Ensign investigation, and revelation of that information


X

106



FOIA Exemption

WIF RIP

Jack Smith, PIN Section Chief Mary Patrice Brown, DAAG

Mary Patrice Brown, DAAG; Mythilia Raman, DAAG; Raymond Hulser, PIN Principal Deputy Atty. for Litigation; [ ], [ ], PIN Trial Atty.(s) Mythilia Raman, DAAG; Raymond Hulser, PIN Principal Deputy Atty. for Litigation; [ ] PIN Trial Atty.

would improperly disclose the DOJ attorneys’ legal strategy. Basis for Withholding: (b)(5) (DPP). The information in this document is deliberative because it includes pre-decisional material that was compiled to assist DOJ attorney(s) in reaching a decision of whether to prosecute Ensign and because it reflects the give-and-take by which the government made that decision. The document contains factual information and subjective analysis intended to inform a final decision as to whether to prosecute certain individuals related to the Ensign investigation. Disclosure of this material is likely to discourage government employees from keeping records of conversations or mental impressions related to evidence or witnesses. Disclosure would also likely confuse the public as to the final basis for the decision not to prosecute, as some of the information described in the document may have served as a basis for that decision. Basis for Withholding: (b)(6) and (b)(7)(C). The document is also being withheld in part to protect the personal privacy interests of lower-level DOJ employee(s) and private third party individual(s). Revealing the names and personal information of lower-level government employee(s) and private third parties, who maintain strong privacy interests, would not be justified by any ascertainable public interest. [1-page]



Raymond Hulser, PIN Principal Deputy Atty. for Litigation; [ ] PIN Deputy Chief; [ ] PIN Trial Atty.

February 18, 2011 Email Description: The document consists of a single email and the subject line: “Review Ensign GJ Q+A.” Basis for Withholding: (b)(6) and (b)(7)(C). The document is being withheld in part to protect the personal privacy interests of lower-level DOJ employee(s). Revealing the names of lower-level DOJ employee(s), who maintain strong privacy interests, would not be justified by any ascertainable public interest. [1-page]


X

CRM 171 [email sweep]; [Relativity]; [DOJ0001892]; [DOJ0001890-


Mary Patrice Brown, DAAG; Raymond Hulser, PIN

February 23, 2011

Email Description: The document consists of five emails with the subject line: “RE: latest” and “latest.”


X

107



FOIA Exemption

WIF RIP

Duplicative]

Jack Smith, PIN Section Chief Mythilia Raman, DAAG Jack Smith, PIN Section Chief Mythilia Raman, DAAG

Principal Deputy Atty. for Litigation; Mythilia Raman, DAAG Mythilia Raman, DAAG; Mary Patrice Brown, DAAG; [ ] PIN Deputy Chief; Raymond Hulser, PIN Principal Deputy Atty. for Litigation Jack Smith, PIN Section Chief; Raymond Hulser, PIN Principal Deputy Atty. for Litigation; Mary Patrice Brown, DAAG Mary Patrice Brown, DAAG; ; [ ] PIN Deputy Chief; Raymond Hulser, PIN Principal Deputy Atty. for Litigation Jack Smith, PIN Section Chief; Raymond Hulser, PIN Principal Deputy Atty. for Litigation; Mary Patrice Brown, DAAG

Basis for Withholding: (b) 5 (AWP). The document constitutes AWP because it was created in anticipation of litigation involving Ensign. The document contains factual information that was compiled by DOJ attorney(s) for the investigation and possible criminal prosecution and its release would reveal the mental impressions and legal strategies of the DOJ attorney(s) involved in the case. For example, the document discusses prosecutorial charging decisions related to the Ensign investigation, and revelation of that information would improperly disclose the DOJ attorneys’ legal strategy. Basis for Withholding: (b)(5) (DPP). The information in this document is deliberative because it includes pre-decisional material that was compiled to assist DOJ attorney(s) in reaching a decision of whether to prosecute Ensign and because it reflects the give-and-take by which the government made that decision. The document contains factual information and subjective analysis intended to inform a final decision as to whether to prosecute certain individuals related to the Ensign investigation. Disclosure of this material is likely to discourage government employees from keeping records of conversations or mental impressions related to evidence or witnesses. Disclosure would also likely confuse the public as to the final basis for the decision not to prosecute, as some of the information described in the document may have served as a basis for that decision. Basis for Withholding: (b)(6) and (b)(7)(C). The document is also being withheld in part to protect the personal privacy interests of lower-level DOJ employee(s) and private third party individual(s). Revealing the names and personal information of lower-level DOJ employee(s) and private third party individual(s), who maintain strong privacy interests, would not be justified by any ascertainable public interest. [2-pages]

and personal information of lower-level DOJ employee(s) and private third party individual(s) have been redacted under (b)(6) and (b)(7)(C) Portions of CRM 171 are deemed non-responsive

CRM 172 [email sweep]; [Relativity]; [DOJ0001891];


[ ], [ ], (SMO); Raymond Hulser, PIN Principal

February 23, 2011

Email Description: The document consists of seven emails with the subject line: “RE: Follow up from

(b)(5) (AWP) and (b)(5) (DPP)

X

108



FOIA Exemption

WIF RIP

[DOJ0001889-Duplicative]

[ ] (SMO) Jack Smith, PIN Section Chief [ ] (SMO)

Deputy Atty. for Litigation; [ ] (ODAG); Mythilia Raman, DAAG Raymond Hulser, PIN Principal Deputy Atty. for Litigation; [ ] (SMO); Jack Smith, PIN Section Chief; [ ] (ODAG); Mythilia Raman, DAAG Mythilia Raman, DAAG; Raymond Hulser, PIN Principal Deputy Atty. for Litigation; Mary Patrice Brown, DAAG; Lanny A. Breuer, AAG Raymond Hulser, PIN Principal Deputy Atty. for Litigation; [ ] (SMO); Mythili Raman, DAAG; Jack Smith, PIN Section Chief; [ ] (ODAG)

[ ] re: [ ] + [ ]--” and “Follow up from [ ] re: [ ] + [ ]--” Basis for Withholding: (b) 5 (AWP). The document constitutes AWP because it was created in anticipation of litigation involving Ensign. The document contains factual information that was compiled by DOJ attorney(s) for the investigation and possible criminal prosecution and its release would reveal the mental impressions and legal strategies of the DOJ attorney(s) involved in the case. For example, the document discusses prosecutorial charging and immunization decisions related to the Ensign investigation, and revelation of that information would improperly disclose the DOJ attorneys’ legal strategy. Basis for Withholding: (b)(5) (DPP). The information in this document is deliberative because it includes pre-decisional material that was compiled to assist DOJ attorney(s) in reaching a decision of whether to prosecute Ensign and because it reflects the give-and-take by which the government made that decision. The document contains factual information and subjective analysis intended to inform a final decision as to whether to prosecute certain individuals related to the Ensign investigation. Disclosure of this material is likely to discourage government employees from keeping records of conversations or mental impressions related to evidence or witnesses. Disclosure would also likely confuse the public as to the final basis for the decision not to prosecute, as some of the information described in the document may have served as a basis for that decision. Basis for Withholding: (b)(6) and (b)(7)(C). The document is also being withheld in part to protect the personal privacy interests of lower-level DOJ employee(s) and private third party individual(s). Revealing the names and personal information of lower-level DOJ employee(s) and private third party individual(s), who maintain strong privacy interests, would not be justified by any ascertainable public interest. [2-pages]


CRM 173 Jack Smith, [ ], [ ], PIN March 4, 2011 Email (b)(3) (Grand X

109



FOIA Exemption

WIF RIP

[email sweep]; [Relativity]; [DOJ0001897]

PIN Section Chief [ ] PIN Trial Atty.

Trial Atty.(s); [ ] PIN Deputy Chief; Raymond Hulser, PIN Principal Deputy Atty. for Litigation Jack Smith, PIN Section Chief; Raymond Hulser, PIN Principal Deputy Atty. for Litigation; [ ] PIN Deputy Chief; [ ] PIN Trial Atty.

Description: The document consists of two emails and the subject line: “Re: Additional Ensign docs” and “Additional Ensign docs.” Basis for Withholding: (b)(3) (Grand Jury Material). Basis for Withholding: (b)(6) and (b)(7)(C). The document is being withheld in part to protect the personal privacy interests of lower-level DOJ employee(s). Revealing the names of lower-level DOJ employee(s), who maintain strong privacy interests, would not be justified by any ascertainable public interest. [1-page]

Jury Material) The name(s) and personal information of lower-level DOJ employee(s) have been redacted under (b)(6) and (b)(7)(C)

CRM 174 [email sweep]; [Relativity]; [DOJ0001970] See also: CRM 3 (a) and (b) [PIN Banker’s Box No. 1]

[ ], [ ], PIN Trial Atty.(s)

Jack Smith, PIN Section Chief; Raymond Hulser, PIN Principal Deputy Atty. for Litigation; [ ], PIN Deputy Chief.

March 7, 2011 REVISED PROSECUTION MEMORANDUM Subject: “Memorandum Recommending Prosecution as to [ ] and [ ], Declination as to John Ensign.” Description: The document is a DOJ pros memo setting forth the detailed reasoning behind DOJ’s decision recommending the prosecution/indictment of [ ] and [ ], and further declining the prosecution of Ensign. Basis for Withholding: (b)(3) (Grand Jury Material). Basis for Withholding: (b)(5) (AWP). The document constitutes AWP because it was created in anticipation of supervisory approval by DOJ managers of a recommendation to indict several individuals, as well as the approval by PIN managers to decline to prosecute Ensign. The document contains legal theories and factual information that was compiled by PIN Trial Attorneys during the investigation and possible criminal prosecution of Ensign and its release would reveal the mental impressions and legal strategies of the DOJ attorney(s) involved in the case. For example, the document contains a list of the statutes that may be used in any possible criminal prosecution, and revelation of that information would improperly disclose the DOJ attorneys’ legal strategy. Basis for Withholding: (b)(5) (DPP). The information contained in this document is deliberative because it includes pre-decisional material that was

(b)(3) (Grand Jury Material); (b) (5) (AWP) and (b)(5) (DPP) The name(s) and personal information of lower-level DOJ employee(s) and private third party individual(s) have been redacted under (b)(6) and (b)(7)(C)

X

110



FOIA Exemption

WIF RIP

compiled to assist policy-makers in reaching a decision as to whether to prosecute Ensign and because it reflects the give-and-take process by which the government reached that decision. The declination memo, for example, includes factual information and subjective analysis, in the form of the primary reason for immediate declination. Disclosure of this deliberative material could likely chill the open sharing of thoughts and impressions of ongoing criminal prosecutions. Disclosure is also likely to confuse the public about the final basis for the decision not to prosecute Ensign. Basis for Withholding: (b)( 6) and (b)(7)(C). The document has also been withheld in part to protect the personal privacy interests of lower-level DOJ employee(s) and private third party individual(s). Revealing the names and personal information of lower-level DOJ employee(s) and third party individual(s), who maintain strong privacy interests, would not be justified by any ascertainable public interest. Page one of the REVISED PROSECUTION MEMORANDUM further contains a banner reading: “CONFIDENTIAL ATTORNEY WORK PRODUCT CONTAINS 6(e) MATERIAL.” [64-pages]




March 18, 2011 Email Description: The document consists of a single email with the subject line: “Talking Points on [ ] / Senate Ethics.” Basis for Withholding: (b) 5 (AWP). The document constitutes AWP because it was created in anticipation of litigation involving Sen. Ensign. The document contains factual information that was compiled by DOJ attorney(s) for the investigation and possible criminal prosecution and its release would reveal the mental impressions and legal strategies of the attorneys involved in the case. For example, the document discusses prosecutorial charging decisions related to the Ensign investigation, and revelation of that information would improperly disclose the DOJ attorneys’ legal strategy.

(b)(5) (AWP) The name(s) and personal information of lower-level DOJ employee(s) and private third party individual(s) have been redacted under (b)(6) and (b)(7)(C) Portions of CRM 175 are deemed non-responsive

X

111



FOIA Exemption

WIF RIP

Basis for Withholding: (b)(6) and (b)(7)(C). The document is also being withheld in part to protect the personal privacy interests of lower-level DOJ employee(s) and private third party individual(s). Revealing the names and personal information of lower-level DOJ employee(s) and private third party individual(s), who maintain strong privacy interests, would not be justified by any ascertainable public interest. [1-page]



Raymond Hulser, PIN Principal Deputy Atty. for Litigation; [ ] PIN Trial Atty.; [ ] PIN Deputy Chief

March 23, 2011 Email Description: The document consists of a single email and the subject line: “FW: If you have those [ ] cases Lanny wanted to read, I can get [ ] to stick it in his reading folder for his flight this afternoon.” The message references the Ensign investigation Basis for Withholding: (b)(6) and (b)(7)(C). The document is being withheld in part to protect the personal privacy interests of lower-level DOJ employee(s). Revealing the names of lower-level DOJ employee(s), who maintain strong privacy interests, would not be justified by any ascertainable public interest. [1-page]


X




April 01, 2011 Email Description: The document consists of a single email and the subject line: “Fw: emergency help needed.” Basis for Withholding: (b)(6) and (b)(7)(C). The document is being withheld in part to protect the personal privacy interests of lower-level DOJ employee(s). Revealing the names of lower-level DOJ employee(s), who maintain strong privacy interests, would not be justified by any ascertainable public interest. [2-pages]


X



Mythili Raman, DAAG; Raymond Hulser, PIN Principal Deputy Atty.

April 22, 2011; April 21, 2011

Email Description: The document consists of four emails and the subject line: “Re: Senate letter” “RE: Senate letter” and “Senate letter.” Basis for Withholding: (b)(6)

The name(s) and personal information of lower-level DOJ employee(s) have been

X

112



FOIA Exemption

WIF RIP

Mythili Raman, DAAG Mythili Raman, DAAG Raymond Hulser, PIN Principal Deputy Atty. for Litigation

for Litigation; Mary Patrice Brown, DAAG Raymond Hulser, PIN Principal Deputy Atty. for Litigation; Mary Patrice Brown, DAAG; Jack Smith, PIN Section Chief Raymond Hulser, PIN Principal Deputy Atty. for Litigation; Mary Patrice Brown, DAAG Mythili Raman, DAAG; Mary Patrice Brown, DAAG; Jack Smith, PIN Section Chief

and (b)(7)(C). The document is being withheld in part to protect the personal privacy interests of lower-level DOJ employee(s). Revealing the names of lower-level DOJ employee(s), who maintain strong privacy interests, would not be justified by any ascertainable public interest. [1-page]

redacted under (b)(6) and (b)(7)(C) Portions of CRM 178 are deemed non-responsive




May 24, 2011 Email Description: The document consists of a single email and the subject line: “Ensign Update.” Basis for Withholding: (b)(6) and (b)(7)(C). The document is being withheld in part to protect the personal privacy interests of lower-level DOJ employee(s). Revealing the names of lower-level DOJ employee(s), who maintain strong privacy interests, would not be justified by any ascertainable public interest. [1-page]


X



Greg Andres, Acting DAAG

May 25, 2011 Email Description: The document consists of a single email and the subject line: “RE: [ ].” Basis for Withholding: (b)(6) and (b)(7)(C). The document is being withheld in part to protect the personal privacy interests of third party individual(s). Revealing the names of private third party individual(s), who maintain strong privacy interests, would not be justified by any ascertainable public interest. [3-pages]

The name(s) and personal information of private third party individual(s) have been redacted under (b)(6) and (b)(7)(C) Portions of CRM 180 are deemed non-responsive

X

CRM 181 [email sweep];

[ ] (SMO)

Raymond Hulser, PIN

May 24, 2011 Email Description: The document

The name(s) and personal

X

113



FOIA Exemption

WIF RIP

[Relativity]; [DOJ0000896]

Principal Deputy Atty. for Litigation; Jack Smith, PIN Section Chief; [ ], [ ], PIN Trial Atty.(s); [ ] (SMO)

consists of a single email and the subject line: “Previous case where we’ve charged 18 U.S.C. §§ 207(e)(2).” Basis for Withholding: (b)(6) and (b)(7)(C). The document is being withheld in part to protect the personal privacy interests of lower-level DOJ employee(s) and private third party individual(s). Revealing the names of lower-level DOJ employee(s) and private third party individual(s), who maintain strong privacy interests, would not be justified by any ascertainable public interest. [1-page]

information of lower-level DOJ employee(s) and private third party individual(s) have been redacted under (b)(6) and (b)(7)(C)


[ ] (SMO)

Jack Smith, PIN Section Chief; Raymond Hulser, PIN Principal Deputy Atty. for Litigation; [ ] (USACT); Mythili Raman, DAAG; Mary Patrice Brown, DAAG; [ ] (SMO)

April 21, 2011 Email Description: The document consists of a single email and the subject line: “FYI – Politico on Ensign.” Basis for Withholding: (b)(6) and (b)(7)(C). The document is being withheld in part to protect the personal privacy interests of DOJ Employee(s) and private third party individual(s). Revealing the names of lower-level DOJ employee(s) and private third party individual(s), who maintain strong privacy interests, would not be justified by any ascertainable public interest. [1-page]


X


[ ] (SMO)

Mythili Raman, DAAG; Mary Patrice Brown, DAAG; Jack Smith, PIN Section Chief; Raymond Hulser, PIN Principal Deputy Atty. for Litigation; [ ] (SMO)

May 13, 2011 Email Description: The document consists of a single email and the subject line: “Ensign.” Basis for Withholding: (b)(6) and (b)(7)(C). The document is being withheld in part to protect the personal privacy interests of lower-level DOJ employee(s) and private third party individual(s). Revealing the names of lower-level DOJ employee(s) and private third party individual(s), who maintain strong privacy interests, would not be justified by any ascertainable public interest. [1-page]


X

CRM 184 [email sweep]; [Relativity]; [DOJ0000903] [Duplicative of CRM 185]

[ ] (SMO)

Jack Smith, PIN Section Chief; Raymond Hulser, PIN Principal Deputy Atty. for Litigation; [ ] (SMO)

May 13, 2011 Email Description: The document consists of a single email and the subject line: “Question from Post re: Ensign.” Basis for Withholding: (b)(6) and (b)(7)(C). The document is being withheld in part to protect the personal privacy interests of lower-level DOJ employee(s). Revealing the names of lower-level DOJ employee(s), who maintain strong privacy interests, would not be justified by any


X

114



FOIA Exemption

WIF RIP

ascertainable public interest. [1-page]

CRM 185 [email sweep]; [Relativity]; [DOJ0000903] a[Duplicative of CRM 184]

[ ] (SMO)

Jack Smith, PIN Section Chief; Raymond Hulser, PIN Principal Deputy Atty. for Litigation; [ ] (SMO)

May 13, 2011 Email Description: The document consists of a single email and the subject line: “Question from Post re: Ensign.” Basis for Withholding: (b)(6) and (b)(7)(C). The document is being withheld in part to protect the personal privacy interests of lower-level DOJ employee(s). Revealing the names of lower-level DOJ employee(s), who maintain strong privacy interests, would not be justified by any ascertainable public interest. [1-page]


X

CRM 186 [email sweep]; [Relativity]; [DOJ0000905]; [DOJ0000904-Duplicative of CRM 188]

[ ] (SMO) Raymond Hulser, PIN Principal Deputy Atty. for Litigation [ ] (SMO) [ ] (SMO)

Raymond Hulser, PIN Principal Deputy Atty. for Litigation [ ] (SMO); Lanny A. Breuer, AAG; Mythili Raman, DAAG; Mary Patrice Brown, DAAG; Jack Smith, PIN Section Chief Lanny A. Breuer, AAG; Mythili Raman, DAAG; Mary Patrice Brown, DAAG; Jack Smith, PIN Section Chief; Raymond Hulser, PIN Principal Deputy Atty. for Litigation Lanny A. Breuer, AAG; Mythili Raman, DAAG; Mary Patrice Brown, DAAG; Jack Smith, PIN Section Chief; Raymond Hulser, PIN Principal Deputy Atty.

May 26, 2011 Email Description: The document consists of three emails and the subject line: “RE: FYI-Ensign” and FYI- Ensign.” Basis for Withholding: (b)(6) and (b)(7)(C). The document is being withheld in part to protect the personal privacy interests of lower-level DOJ employee(s). Revealing the names of lower-level DOJ employee(s), who maintain strong privacy interests, would not be justified by any ascertainable public interest. [1-page; 1-page]


X

115



FOIA Exemption

WIF RIP

for Litigation CRM 187 [email sweep]; [Relativity]; [DOJ0000908]

[ ] (SMO) [ ] @nytimes. com

Raymond Hulser, PIN Principal Deputy Atty. for Litigation; Jack Smith, PIN Section Chief; [ ] SMO [ ] (SMO)

November 19, 2010

Email Description: The document consists of a single email and the subject line: “FW: Ensign” and “Ensign.” Basis for Withholding: (b)(6) and (b)(7)(C). The document is being withheld in part to protect the personal privacy interests of lower-level DOJ employee(s) and third party private individual(s). Revealing the names of lower-level DOJ employee(s) and third party private individual(s), who maintain strong privacy interests, would not be justified by any ascertainable public interest. [1-page]

The name(s) and personal information of lower-level DOJ employee(s) and third party private individual(s) have been redacted under (b)(6) and (b)(7)(C)

X

CRM 188 [email sweep]; [Relativity]; [DOJ0000905]; [DOJ0000904-Duplicative of CRM 186]

[ ] (SMO) Raymond Hulser, PIN Principal Deputy Atty. for Litigation [ ] (SMO) [ ] (SMO)

Raymond Hulser, PIN Principal Deputy Atty. for Litigation [ ] (SMO); Lanny A. Breuer, AAG; Mythili Raman, DAAG; Mary Patrice Brown, DAAG; Jack Smith, PIN Section Chief Lanny A. Breuer, AAG; Mythili Raman, DAAG; Mary Patrice Brown, DAAG; Jack Smith, PIN Section Chief; Raymond Hulser, PIN Principal Deputy Atty. for Litigation Lanny A. Breuer, AAG; Mythili Raman, DAAG; Mary Patrice Brown, DAAG; Jack Smith, PIN Section Chief; Raymond Hulser, PIN Principal

May 26, 2011 Email Description: The document consists of three emails and the subject line: “RE: FYI-Ensign” and FYI- Ensign.” Basis for Withholding: (b)(6) and (b)(7)(C). The document is being withheld in part to protect the personal privacy interests of lower-level DOJ employee(s). Revealing the names of lower-level DOJ employee(s), who maintain strong privacy interests, would not be justified by any ascertainable public interest. [1-page; 1-page]


X

116



FOIA Exemption

WIF RIP

Deputy Atty. for Litigation

CRM 189 [email sweep]; [Relativity]; [DOJ0001301]; [DOJ0001300-Duplicative]; [DOJ0000914-Duplicative]; DOJ0000909]

[ ] (SMO) Jack Smith, PIN Section Chief [ ] (SMO) Jack Smith, PIN Section Chief [ ] (SMO)

Jack Smith, PIN Section Chief; Mythili Raman, DAAG; Raymond Hulser, PIN Principal Deputy Atty. for Litigation; [ ] (SMO); [ ], [ ], PIN Trial Atty.(s) [ ] (SMO); Raymond Hulser, PIN Principal Deputy Atty. for Litigation; Mythili Raman, DAAG; [ ] (SMO) Jack Smith, PIN Section Chief; Raymond Hulser, PIN Principal Deputy Atty. for Litigation; Mythili Raman, DAAG; [ ] (SMO) [ ] (SMO); Raymond Hulser, PIN Principal Deputy Atty. for Litigation; Mythili Raman, DAAG; [ ] (SMO) Jack Smith, PIN Section Chief; Raymond Hulser, PIN Principal Deputy Atty. for Litigation; Mythili Raman, DAAG; [ ] (SMO)


Email Description: The document consists of five emails and the subject line: “RE: Ensign” Re: Ensign” and “Ensign.” Basis for Withholding: (b)(3) (Grand Jury Material). Basis for Withholding: (b)(5) (AWP). The document constitutes AWP because it was created in anticipation of litigation involving Ensign. The document contains factual information that was compiled by DOJ Trial Attorneys for the investigation and possible criminal prosecution and its release would reveal the mental impressions and legal strategies of the DOJ attorney(s) involved in the case. For example, the document discusses the ongoing investigation of a target and further references a potential grand jury witness, and revelation of that information would improperly disclose the DOJ attorneys’ legal strategy. Basis for Withholding: (b)(6) and (b)(7)(C). The document is being withheld in part to protect the personal privacy interests of lower-level DOJ employee(s). Revealing the names of lower-level DOJ employee(s), who maintain strong privacy interests, would not be justified by any ascertainable public interest. [6-pages]


X

CRM 190 [email sweep]; [Relativity];



December 01, 2010

Email Description: The document consists of four emails and the

The name(s) and personal information

X

117



FOIA Exemption

WIF RIP

[DOJ00001303]

[ ] (SMO) [ ] cbsnews.com [ ] press personality

Jack Smith, PIN Section Chief; Mythili Raman, DAAG [ ] (SMO) [ ], [ ], [ ], [ ], [ ], [ ], [ ], [ ] misc. press personalities

subject line: “FW: Sen. Ensign’s office says he is no longer target of DOJ investigation into attempt to coverup affair with former aide,” “Fw: Sen. Ensign’s office says he is no longer target of DOJ investigation into attempt to coverup affair with former aide” and “Sen. Ensign’s office says he is no longer target of DOJ investigation into attempt to coverup affair with former aide.” Basis for Withholding: (b)(6) and (b)(7)(C). The document is being withheld in part to protect the personal privacy interests of lower-level DOJ employee(s) and private third party individual(s). Revealing the names of lower-level DOJ employee(s) and private third party individual(s), who maintain strong privacy interests, would not be justified by any ascertainable public interest. [2-pages]

of lower-level DOJ employee(s) and third party private individual(s) have been redacted under (b)(6) and (b)(7)(C)


Jack Smith, PIN Section Chief [ ] (SMO) [ ], @rollcall. com

[ ] (SMO); Raymond Hulser, PIN Principal Deputy Atty. for Litigation; [ ] (SMO) Jack Smith, PIN Section Chief; Raymond Hulser, PIN Principal Deputy Atty. for Litigation; [ ] (SMO) [ ] (SMO)

February 01, 2011 Email Description: The document consists of three emails and the subject line: “RE: Ensign,” “FW: Ensign” and “Ensign.” Basis for Withholding: (b)(6) and (b)(7)(C). The document is being withheld in part to protect the personal privacy interests of lower-level DOJ employee(s) and private third party individual(s). Revealing the names of lower-level DOJ employee(s) and private third party individual(s), who maintain strong privacy interests, would not be justified by any ascertainable public interest. [1-page]


X

CRM 192 [email sweep]; [Relativity]; [DOJ00000862]; [DOJ00000870- Duplicative]

8/9/10 PIN Talking Points – Talking Points – 8/9/10 Description: The document consists of PIN Talking Points prepared for Jack Smith, PIN Section Chief. The talking points reference the Ensign investigation. Basis for Withholding: (b)(6) and (b)(7)(C). The document is being withheld in part to protect the personal privacy interests of private third party individual(s). Revealing the names of private third party individual(s), who maintain strong privacy interests, would not be justified by any ascertainable public interest. [3-pages; 3-pages]

The name(s) and personal information of third party private individual(s) have been redacted under (b)(6) and (b)(7)(C) Portions of CRM 192 are deemed non-responsive

X

118



FOIA Exemption

WIF RIP


[ ]@ap.org

[ ] (SMO); Jack Smith, PIN Section Chief

August 28, 2010 Email Description: The document consists of a single email and the subject line: “Latest.” Basis for Withholding: (b)(6) and (b)(7)(C). The document is being withheld in part to protect the personal privacy interests of lower-level DOJ employee(s) and private third party individual(s). Revealing the names of lower-level DOJ employee(s) and private third party individual(s), who maintain strong privacy interests, would not be justified by any ascertainable public interest. [2-pages]


X


Jack Smith, PIN Section Chief Raymond Hulser, PIN Principal Deputy Atty. for Litigation Jack Smith, PIN Section Chief Mythili Raman, DAAG [ ] (SMO)

Raymond Hulser, PIN Principal Deputy Atty. for Litigation; Mythili Raman, DAAG; Mary Patrice Brown, DAAG Jack Smith, PIN Section Chief; Mythili Raman, DAAG; Mary Patrice Brown, DAAG Mythili Raman, DAAG; Raymond Hulser, PIN Principal Deputy Atty. for Litigation; Mary Patrice Brown, DAAG Jack Smith, PIN Section Chief; Raymond Hulser, PIN Principal Deputy Atty. for Litigation; Mary Patrice Brown, DAAG Mythili Raman, DAAG; Lanny A.

March 17, 2011; March 16, 2011

Email Description: The document consists of six emails and the subject line: “Re: Senate Ethics Committee re: Ensign, et al,” “RE: Senate Ethics Committee re: Ensign, et al,” “FW: Senate Ethics Committee re: Ensign, et al” and “Senate Ethics Committee.” Basis for Withholding: (b)(5) (AWP). The document constitutes AWP because it was created in anticipation of litigation involving Ensign. The document contains factual information that was compiled by DOJ attorney(s) for the investigation and possible criminal prosecution and its release would reveal the mental impressions and legal strategies of the attorneys involved in the case. For example, the document discusses the ongoing investigation of target(s) of the investigation, and revelation of that information would improperly disclose the DOJ attorneys’ legal strategy. Basis for Withholding: (b)(6) and (b)(7)(C). The document is being withheld in part to protect the personal privacy interests of lower-level DOJ employee(s). Revealing the names of lower-level employee(s), who maintain strong privacy interests, would not be justified by any ascertainable public interest. [2-pages]


X

119



FOIA Exemption

WIF RIP

[ ], SSCE

Breuer, AAG; Jack Smith, PIN Section Chief; Raymond Hulser, PIN Principal Deputy Atty. for Litigation; Ron Weich, DAAG; [ ](SMO); [ ](JMD) (SMO); [ ] (OLA)(SMO) [ ](SMO); [ ], SSCE; [ ]


[ ] (SMO) [ ](SMO) [ ](SMO)

[ ] (SMO); Mythili Raman, DAAG; [ ] (SMO); Ron Weich, DAAG; [ ] (OLA) (SMO); Raymond Hulser, PIN Principal Deputy Atty. for Litigation; Jack Smith, PIN Section Chief; Mary Patrice Brown, DAAG [ ](SMO); Mythili Raman, DAAG; [ ] (SMO); Ron Weich, DAAG; [ ] (OLA); Raymond Hulser, PIN Principal Deputy Atty. for Litigation; Jack Smith, PIN Section Chief [ ](SMO); Mythili Raman, DAAG; [ ] (SMO); Ron Weich, DAAG; [ ] (OLA); Raymond

March 24, 2011 Email Description: The document consists of ten emails and the subject line: “RE: Senate Ethics / Ensign matter – Could someone please send us the indictment just before you release it to the press or make the announcement/,” “FW: Senate Ethics / Ensign matter – Could someone please send us the indictment just before you release it to the press or make the announcement/,” “RE: Senate Ethics / Ensign matter –” and “Senate Ethics / Ensign matter --.” Basis for Withholding: (b)(6) and (b)(7)(C). The document is being withheld in part to protect the personal privacy interests of DOJ Employee(s) and private third party private individual(s). Revealing the names of lower-level DOJ employee(s) and private third party individual(s), who maintain strong privacy interests, would not be justified by any ascertainable public interest. [3-pages]


X

120



FOIA Exemption

WIF RIP

[ ](SMO) [ ](SMO) Mythili Raman, DAAG [ ](SMO)

Hulser, PIN Principal Deputy Atty. for Litigation; Jack Smith, PIN Section Chief [ ](SMO); Mythili Raman, DAAG; [ ] (SMO); Ron Weich, DAAG; [ ] (OLA); Raymond Hulser, PIN Principal Deputy Atty. for Litigation; Jack Smith, PIN Section Chief [ ](SMO); Mythili Raman, DAAG; [ ] (SMO); Ron Weich, DAAG; [ ] (OLA); Raymond Hulser, PIN Principal Deputy Atty. for Litigation; Jack Smith, PIN Section Chief [ ](SMO); Mythili Raman, DAAG; [ ] (SMO); Ron Weich, DAAG; [ ] (OLA); Raymond Hulser, PIN Principal Deputy Atty. for Litigation; Jack Smith, PIN Section Chief [ ](SMO); Mythili Raman, DAAG; [ ] (SMO); Ron Weich, DAAG; [ ]

121



FOIA Exemption

WIF RIP

[ ](SMO) [ ](SMO) Ron Weich, DAAG

(OLA) Mythili Raman, DAAG; [ ] (SMO), Ron Weich, DAAG; [ ] (OLA) Ron Weich, DAAG; [ ] (OLA) [ ](SMO); [ ](OLA)


[ ] (SMO) [ ] (SMO) [ ] (SMO)

[ ] (SMO); Mythili Raman, DAAG; [ ] (SMO)’ Ron Weich, DAAG; [ ] (OLA); Raymond Hulser, PIN Principal Deputy Atty. for Litigation; Jack Smith, PIN Section Chief [ ] (SMO); Mythili Raman, DAAG; [ ] (SMO); Ron Weich, DAAG; [ ] (OLA); Raymond Hulser, PIN Principal Deputy Atty. for Litigation; Jack Smith, PIN Section Chief Mythili Raman, DAAG; [ ] (SMO); Ron Weich, DAAG; [ ] (OLA) (SMO); Raymond Hulser, PIN Principal Deputy Atty. for Litigation; Jack Smith, PIN Section

March 24, 2011 Email Description: The document consists of eight emails and the subject line: “RE: Senate Ethics / Ensign matter – Could someone please send us the indictment just before you release it to the press or make the announcement/,” “FW: Senate Ethics / Ensign matter – Could someone please send us the indictment just before you release it to the press or make the announcement/,” “RE: Senate Ethics / Ensign matter –” and “Senate Ethics / Ensign matter --.” Basis for Withholding: (b)(6) and (b)(7)(C). The document is being withheld in part to protect the personal privacy interests of lower- level DOJ employee(s) and third party private individual(s). Revealing the names of lower-level government employee(s) and third party private individual(s), who maintain strong privacy interests, would not be justified by any ascertainable public interest. [2-pages]


X

122



FOIA Exemption

WIF RIP

Mythili Raman, DAAG [ ](SMO) [ ](SMO) [ ](SMO) Ron Weich, DAAG

Chief [ ], [ ] (SMO); Ron Weich, DAAG; [ ](OLA); Raymond Hulser, PIN Principal Deputy Atty. for Litigation; Jack Smith, PIN Section Chief [ ](SMO); [ ] (OLA)(SMO); Ron Weich, DAAG; [ ](SMO) Mythili Raman, DAAG; [ ] (SMO); Ron Weich, DAAG; [ ] (OLA) Ron Weich, DAAG; [ ] (OLA) [ ](SMO); [ ] (OLA)


[ ] (SMO) Mary Patrice Brown, DAAG [ ] (SMO)

Mary Patrice Brown, DAAG; Raymond Hulser, PIN Principal Deputy Atty. for Litigation; Jack Smith, PIN Section Chief; Mythili Raman, DAAG; [ ](SMO) [ ] (SMO); Raymond Hulser, PIN Principal Deputy Atty. for Litigation; Jack Smith, PIN Section Chief; Mythili Raman, DAAG; [ ](SMO) Raymond Hulser, PIN Principal

May 12, 2011 Email Description: The document consists of seven emails and the subject line: “RE: Senate Ethics Referral to DOJ re Ensign will become public at 2:30 pm today, along with Special Counsel’s report on same topic, ” “FW: Senate Ethics Referral to DOJ re Ensign will become public at 2:30 pm today, along with Special Counsel’s report on same topic” and “Senate Ethics Referral to DOJ re Ensign will become public at 2:30 pm today, along with Special Counsel’s report on same topic.” Basis for Withholding: (b)(6) and (b)(7)(C). The document is being withheld in part to protect the personal privacy interests of lower DOJ employee(s) and third party private individual(s). Revealing the names of lower-level government employee(s) and third party private individual(s), who maintain strong privacy interests, would not be justified by any ascertainable public interest. [2-pages]


X

123



FOIA Exemption

WIF RIP

Raymond Hulser, PIN Principal Deputy Atty. for Litigation Mythili Raman, DAAG [ ] (SMO) [ ] (SMO)

Deputy Atty. for Litigation; Jack Smith, PIN Section Chief; Mythili Raman, DAAG; [ ](SMO); Mary Patrice Brown, DAAG Mythili Raman, DAAG; [ ](SMO); Jack Smith, PIN Section Chief; [ ] (SMO); Mary Patrice Brown, DAAG [ ] (SMO); Raymond Hulser, PIN Principal Deputy Atty. for Litigation; Jack Smith, PIN Section Chief; [ ] (SMO); Mary Patrice Brown, DAAG Mythili Raman, DAAG; Raymond Hulser, PIN Principal Deputy Atty. for Litigation; Jack Smith, PIN Section Chief; [ ] (SMO) Raymond Hulser, PIN Principal Deputy Atty. for Litigation; Mythili Raman, DAAG; [ ] (SMO); [ ] (ODAG); Ron Weich, DAAG; [ ] (OLA); [ ] (JMD)

124



FOIA Exemption

WIF RIP


[ ] (SMO) Mary Patrice Brown, DAAG [ ] (SMO) Mary Patrice Brown, DAAG [ ] (CRM)

Mary Patrice Brown, DAAG; [ ] (SMO); Raymond Hulser, PIN Principal Deputy Atty. for Litigation; Jack Smith, PIN Section Chief; Mythili Raman, DAAG; [ ] (CRM) [ ] (SMO); [ ] (SMO); Mythili Raman, DAAG; Jack Smith, PIN Section Chief; Raymond Hulser, PIN Principal Deputy Atty. for Litigation; [ ] (CRM) Mary Patrice Brown, DAAG; [ ] (SMO); Mythili Raman, DAAG; Jack Smith, PIN Section Chief; Raymond Hulser, PIN Principal Deputy Atty. for Litigation; [ ] (CRM) [ ] (SMO); [ ] (SMO); Mythili Raman, DAAG; Jack Smith, PIN Section Chief; Raymond Hulser, PIN Principal Deputy Atty. for Litigation; [ ] (CRM) Mary Patrice Brown, DAAG; Mythili Raman, DAAG

May 13, 2011 Email Description: The document consists of ten emails and the subject line: “RE: Ensign,” “FW: Ensign” and “Ensign.” Basis for Withholding: (b)(6) and (b)(7)(C). The document is being withheld in part to protect the personal privacy interests of lower-level DOJ employee(s) and private third party private individual(s). Revealing the names of lower-level DOJ employee(s) and third party private individual(s), who maintain strong privacy interests, would not be justified by any ascertainable public interest. [2-pages]


X

125



FOIA Exemption

WIF RIP

Mary Patrice Brown, DAAG [ ] (CRM) Mary Patrice Brown, DAAG Mary Patrice Brown, DAAG [ ] (SMO)

[ ] (CRM); Mythili Raman, DAAG Mary Patrice Brown, DAAG; Mythili Raman, DAAG [ ] (CRM); Mythili Raman, DAAG [ ](SMO); Mythili Raman, DAAG; Jack Smith, PIN Section Chief; Raymond Hulser, PIN Principal Deputy Atty. for Litigation; [ ] (SMO) Mythili Raman, DAAG; Mary Patrice Brown, DAAG; Jack Smith, PIN Section Chief; Raymond Hulser, PIN Principal Deputy Atty. for Litigation


[ ] (SMO)

Jack Smith, PIN Section Chief; Raymond Hulser, PIN Principal Deputy Atty. for Litigation; Mary Patrice Brown, DAAG; Mythili Raman, DAAG; [ ] (SMO)

June 07, 2011 Email Description: The document consists of a single email and the subject line: “Wash Post on PIN.” Basis for Withholding: (b)(6) and (b)(7)(C). The document is being withheld in part to protect the personal privacy interests of lower-level DOJ employee(s) and private third party individual(s). Revealing the names of lower-level DOJ employee(s) and private third party individual(s), who maintain strong privacy interests, would not be justified by any ascertainable public interest. [1-page]


X

CRM 200 [email sweep]; [Relativity]; [DOJ0000907]; [DOJ0000906-

[ ] (SMO) [ ] (SMO)

[ ] (SMO); [ ] (USACT) [ ] (USACT); Raymond

June 02, 2011; June 01, 2011

Email Description: The document consists of three emails and the subject line: “RE: [ ],” “[ ]” and “[ ] freelancer writing for the


X

126



FOIA Exemption

WIF RIP

Duplicative]

[ ] (SMO)

Hulser, PIN Principal Deputy Atty. for Litigation [ ] (SMO)

Atlantic / 202[ ]/[ ]@gmail.com.” Basis for Withholding: (b)(6) and (b)(7)(C). The document is being withheld in part to protect the personal privacy interests of lower-level DOJ employee(s) and private third party individual(s). Revealing the names of lower-level DOJ employee(s) and private third party individual(s), who maintain strong privacy interests, would not be justified by any ascertainable public interest. [1-page]

employee(s) and private third party individual(s) have been redacted under (b)(6) and (b)(7)(C)


[ ] (SMO) Jack Smith, PIN Section Chief [ ] (SMO) Jack Smith, PIN Section Chief [ ] (SMO)

Jack Smith, PIN Section Chief; Raymond Hulser, PIN Principal Deputy Atty. for Litigation; Mythili Raman, DAAG; [ ] (SMO) [ ] (SMO); Raymond Hulser, PIN Principal Deputy Atty. for Litigation; Mythili Raman, DAAG; [ ] (SMO) Jack Smith, PIN Section Chief; Raymond Hulser, PIN Principal Deputy Atty. for Litigation; Mythili Raman, DAAG; [ ] (SMO) [ ] (SMO); Raymond Hulser, PIN Principal Deputy Atty. for Litigation; Mythili Raman, DAAG; [ ] (SMO) Jack Smith, PIN Section Chief;

December 01, 2010

Email Description: The document consists of five emails and the subject line: “RE: Ensign” Re: Ensign” and “Ensign.” Basis for Withholding: (b)(3) (Grand Jury Material). Basis for Withholding: (b)(5) (AWP). The document constitutes AWP because it was created in anticipation of litigation involving Ensign. The document contains factual information that was compiled by DOJ attorney(s) for the investigation and possible criminal prosecution and its release would reveal the mental impressions and legal strategies of the DOJ attorney(s) involved in the case. For example, the document references a potential grand jury witness, and revelation of that information would improperly disclose the DOJ attorneys’ legal strategy. Basis for Withholding: (b)(6) and (b)(7)(C). The document is being withheld in part to protect the personal privacy interests of lower-level DOJ employee(s). Revealing the names of lower-level DOJ employee(s), who maintain strong privacy interests, would not be justified by any ascertainable public interest. [2-pages]

(b) (3) (Grand Jury Material); (b)(5) (AWP) The name(s) and personal information of lower-level DOJ employee(s) have been redacted under (b)(6) and (b)(7)(C)

X

127



FOIA Exemption

WIF RIP

Raymond Hulser, PIN Principal Deputy Atty. for Litigation; Mythili Raman, DAAG; [ ] (SMO)


[ ] (SMO) Jack Smith, PIN Section Chief [ ] CREW

Jack Smith, PIN Section Chief; Lanny A. Breuer, AAG; Mythili Raman, DAAG; Raymond Hulser, PIN Principal Deputy Atty. for Litigation Lanny A. Breuer, AAG; Mythili Raman, DAAG; Raymond Hulser, PIN Principal Deputy Atty. for Litigation; [ ] (SMO) Lanny A. Breuer, AAG

December 01, 2010

Email Description: The document consists of four emails and the subject line: “Re: Not that it matters much,” “Fw: Not that it matters much,” and “Not that it matters much,[.]” Basis for Withholding: (b)(6) and (b)(7)(C). The document is being withheld in part to protect the personal privacy interests of lower-level DOJ employee(s) and private third party individual(s). Revealing the names of lower-level DOJ employee(s) and private third party individual(s), who maintain strong privacy interests, would not be justified by any ascertainable public interest. [1-page]


X


[ ] (SMO) Jack Smith, PIN Section Chief Mythili Raman, DAAG

Jack Smith, PIN Section Chief; Mythili Raman, DAAG; Raymond Hulser, PIN Principal Deputy Atty. for Litigation; [ ] (SMO); [ ], [ ] PIN Trial Atty.(s). Mythili Raman, DAAG; [ ] (SMO); Raymond Hulser, PIN Principal Deputy Atty. for Litigation; [ ] (SMO); [ ], [ ] PIN Trial Atty.(s). Jack Smith, PIN Section Chief; [ ]


Email Description: The document consists of five emails and the subject line: “RE: Ensign,” “Re: Ensign” and “Ensign.” Basis for Withholding: (b)(3) (Grand Jury Material). Basis for Withholding: (b)(5) (AWP). The document constitutes AWP because it was created in anticipation of litigation involving Ensign. The document contains factual information that was compiled by DOJ attorney(s) for the investigation and possible criminal prosecution and its release would reveal the mental impressions and legal strategies of the DOJ attorney(s) involved in the case. For example, the document references both a potential grand jury investigative target and a grand jury witness, and revelation of that information would improperly disclose the DOJ attorneys’ legal strategy. Basis for Withholding: (b)(6) and (b)(7)(C). The document is being withheld in part to protect the personal privacy interests of


X

128



FOIA Exemption

WIF RIP

Jack Smith, PIN Section Chief [ ] (SMO)

(SMO); Raymond Hulser, PIN Principal Deputy Atty. for Litigation; [ ] (SMO) [ ] (SMO); Raymond Hulser, PIN Principal Deputy Atty. for Litigation; Mythili Raman, DAAG; [ ] (SMO) Jack Smith, PIN Section Chief; Raymond Hulser, PIN Principal Deputy Atty. for Litigation; Mythili Raman, DAAG, [ ] (SMO)

lower-level DOJ employee(s). Revealing the names of lower-level DOJ employee(s), who maintain strong privacy interests, would not be justified by any ascertainable public interest. [1-page]


[ ] (SMO) [ ] PIN Trial Atty. [ ] (SMO) [ ] PIN Trial Atty. [ ] (SMO) [ ] PIN Trial Atty.

[ ], [ ], PIN Trial Atty.(s). [ ] (SMO); [ ] PIN Trial Atty. [ ], [ ], PIN Trial Atty.(s). [ ] (SMO); [ ] PIN Trial Atty. [ ], [ ], PIN Trial Atty.(s). [ ] (SMO); [ ] PIN Trial Atty.

March 23, 2011 Email Description: The document consists of six emails and the subject line: “RE: Indictment return anticipated tomorrow” and “Indictment return anticipated tomorrow.” Basis for Withholding: (b)(3) (Grand Jury Material). Basis for Withholding: (b)(5) (AWP). The document constitutes AWP because it was created in anticipation of litigation involving Ensign. The document contains factual information that was compiled by DOJ attorney(s) for the investigation and possible criminal prosecution and its release would reveal the mental impressions and legal strategies of the DOJ attorney(s) involved in the case. For example, the document references a potential grand jury investigative target, and revelation of that information would improperly disclose the DOJ attorneys’ legal strategy. Basis for Withholding: (b)(6) and (b)(7)(C). The document is being withheld in part to protect the personal privacy interests of lower-level DOJ employee(s). Revealing the names of lower-level DOJ employee(s), who maintain strong privacy interests,


X

129



FOIA Exemption

WIF RIP

would not be justified by any ascertainable public interest. [2-pages; 1-page]


[ ] (SMO) [ ] (SMO) [ ]@alm.com

[ ], [ ] PIN Trial Atty.(s); Raymond Hulser, PIN Principal Deputy Atty. for Litigation; Jack Smith, PIN Section Chief; [ ] (SMO) [ ], [ ] PIN Trial Atty.(s); Raymond Hulser, PIN Principal Deputy Atty. for Litigation; Jack Smith, PIN Section Chief; [ ] (SMO) [ ] (SMO)

October 21, 2010 Email Description: The document consists of four emails and the subject line: “RE:[ ],” “FW: [ ]” and “[ ].” Basis for Withholding: (b)(6) and (b)(7)(C). The document is being withheld in part to protect the personal privacy interests of lower-level DOJ employee(s) and private third party individual(s). Revealing the names of lower-level DOJ employee(s) and private third party individual(s), who maintain strong privacy interests, would not be justified by any ascertainable public interest. [3-pages]


X


[ ] (SMO)

[ ] (SMO) June 01, 2011 Email Description: The document consists of a single email and the subject line: “[ ] / freelancer writing for the Atlantic / 202[ ] / [ ]@gmail.com.” Basis for Withholding: (b)(6) and (b)(7)(C). The document is being withheld in part to protect the personal privacy interests of lower-level DOJ employee(s) and private third party individual(s). Revealing the names of lower-level DOJ employee(s) and private third party individual(s), who maintain strong privacy interests, would not be justified by any ascertainable public interest. [1-page]


X

CRM 207 [email sweep] [DOJ----------] [Duplicative of CRM 212 [DOJ0033578]

[ ] (FBI) [ ] PIN Trial Atty. [ ] (FBI)

[ ] PIN Trial Atty.; [ ] (USADC); [ ] FBI [ ] (FBI); [ ], [ ] (USADC); [ ] (FBI) [ ] PIN Trial Atty.; [ ] (USADC); [ ] FBI

February 12, 2010 Email Description: The document consists of three emails and the subject line: “RE: ENSIGN INVESTIGATION – SCHEDULE” and “ENSIGN INVESTIGATION – SCHEDULE.” Basis for Withholding: (b)(3) (Grand Jury Material). Basis for Withholding: (b)(5) (AWP). The document constitutes AWP because it was created in anticipation of litigation involving Ensign. The document contains factual information that was compiled by DOJ attorney(s) for the investigation and possible criminal prosecution and its

(b) (3) (Grand Jury Material); (b)(5) (AWP) The name(s) and personal information of lower-level DOJ employee(s) have been redacted under (b)(6) and (b)(7)(C) Portions of CRM 207

X

130



FOIA Exemption

WIF RIP

release would reveal the mental impressions and legal strategies of the DOJ attorney(s) involved in the case. For example, the document references grand jury subpoenas, scheduled interviews of both witnesses and a subject of the grand jury investigation, and revelation of that information would improperly disclose the DOJ attorneys’ legal strategy. Basis for Withholding: (b)(6) and (b)(7)(C). The document is being withheld in part to protect the personal privacy interests of lower-level DOJ employee(s). Revealing the names of lower-level DOJ employee(s), who maintain strong privacy interests, would not be justified by any ascertainable public interest. [2-pages]

were referred by CRM to the FBI

CRM 208 [email sweep] [DOJ0001097]


[ ] (FBI); Raymond Hulser, PIN Principal Deputy Atty. for Litigation

December 02, 2010

Email Description: The document consists of two emails and the subject line: “Re: Ensign” and “Ensign.” Basis for Withholding: (b)(6) and (b)(7)(C). The document is being withheld in part to protect the personal privacy interests of lower-level DOJ employee(s). Revealing the names of lower-level DOJ employee(s), who maintain strong privacy interests, would not be justified by any ascertainable public interest. [1-page]


X


Jack Smith, PIN Section Chief [ ] (USADC) [ ] (USADC) [ ] (FBI)

[ ] (USADC); Raymond Hulser, PIN Principal Deputy Atty. for Litigation; [ ](USADC); [ ], [ ] PIN Trial Atty.(s). Jack Smith, PIN Section Chief; Raymond Hulser, PIN Principal Deputy Atty. for Litigation; [ ] (FBI) [ ], [ ] PIN Trial Atty.(s); [ ], [ ] (USADC); [ ], [ ], [ ], [ ] (FBI


Email Description: The document consists of seven emails and the subject line: “RE: [ ]Flash –Ensign’s lawyers say he is no longer target of DOJ probe,””Fw: [ ]Flash Ensign’s lawyers say he is no longer target of DOJ probe,” “FW: [ ]Flash Ensign’s lawyers say he is no longer target of DOJ probe” and “[ ]Flash Ensign’s lawyers say he is no longer target of DOJ probe.” Basis for Withholding: (b)(5) (AWP). The document constitutes AWP because it was created in anticipation of litigation involving Ensign. The document contains factual information that was compiled by DOJ attorney(s) for the investigation and possible criminal prosecution and its release would reveal the mental impressions and legal strategies of the DOJ attorney(s) involved in the case. For example, the document references legal strategy with respect to a subject

(b) (5) AWP The name(s) and personal information of lower-level DOJ employee(s) and private third party individual(s), have been redacted under (b)(6) and (b)(7)(C) Portions of CRM 209 were referred by CRM to the FBI and EOUSA

X

131



FOIA Exemption

WIF RIP

[ ]@ hotmail.com [ ]@live.com [ ]gmail.com

[ ] (FBI) [ ]@ hotmail.com [ ] lyris.greenspunmedia.com

of the grand jury investigation, and revelation of that information would improperly disclose the DOJ attorneys’ legal strategy. Basis for Withholding: (b)(6) and (b)(7)(C). The document is being withheld in part to protect the personal privacy interests of lower-level DOJ employee(s) and private third party individual(s). Revealing the names of lower-level DOJ employee(s) and private third party individual(s), who maintain strong privacy interests, would not be justified by any ascertainable public interest. [3-pages]


[ ] PIN Trial Atty. [ ] PIN Trial Atty.

[ ] (FBI) [ ] (FBI)

August 17, 2010 Email Description: The document consists of six emails and the subject line: “RE: ENSIGN – DOCUMENT RETURN FROM [ ].” Basis for Withholding: (b)(6) and (b)(7)(C). The document is being withheld in part to protect the personal privacy interests of lower-level DOJ employee(s) and private third party individual(s). Revealing the names of lower-level government employee(s) and private third party individual(s), who maintain strong privacy interests, would not be justified by any ascertainable public interest. [3-pages]

The name(s) and personal information of lower-level DOJ employee(s) and private third party individual(s), have been redacted under (b)(6) and (b)(7)(C) Portions of CRM 210 were referred by CRM to the FBI

X


[ ] PIN Trial Atty.

[ ] (FBI); [ ], [ ] (USADC)

April 5, 2010 Email Description: The document consists of six emails and the subject line: “RE: ENSIGN – Status Update.” Basis for Withholding: (b)(3) (Grand Jury Material). Basis for Withholding: (b)(6) and (b)(7)(C). The document is being withheld in part to protect the personal privacy interests of lower-level DOJ employee(s) and private third party individual(s). Revealing the names of lower-level DOJ employee(s) and private third party individual(s), who maintain strong privacy interests, would not be justified by any ascertainable public interest. [3-pages]

(b)(3) Grand Jury Material The name(s) and personal information of lower-level DOJ employee(s) and private third party individual(s), have been redacted under (b)(6) and (b)(7)(C) Portions of CRM 211 were referred by CRM to the FBI

X

CRM 212 [email sweep] [DOJ0033578] [Duplicative of CRM 207] [DOJ----------]

[ ] (FBI) [ ] PIN Trial Atty.

[ ] PIN Trial Atty.; [ ] (USADC); [ ] FBI [ ] (FBI); [ ], [ ] (USADC);

February 12, 2010 Email Description: The document consists of three emails and the subject line: “RE: ENSIGN INVESTIGATION – SCHEDULE” and “ENSIGN INVESTIGATION –

(b) (3) (Grand Jury Material); (b)(5) (AWP) The name(s)

X

132



FOIA Exemption

WIF RIP

[ ] (FBI)

[ ] (FBI) [ ] PIN Trial Atty.; [ ] (USADC); [ ] FBI

SCHEDULE.” Basis for Withholding: (b)(3) (Grand Jury Material). Basis for Withholding: (b)(5) (AWP). The document constitutes AWP because it was created in anticipation of litigation involving Ensign. The document contains factual information that was compiled by DOJ attorney(s) for the investigation and possible criminal prosecution and its release would reveal the mental impressions and legal strategies of the DOJ attorney(s) involved in the case. For example, the document references grand jury subpoenas, scheduled interviews of both witnesses and a subject of the grand jury investigation, and revelation of that information would improperly disclose the DOJ attorneys’ legal strategy. Basis for Withholding: (b)(6) and (b)(7)(C). The document is being withheld in part to protect the personal privacy interests of lower-level DOJ employee(s) and private third party individual(s). Revealing the names of lower-level DOJ employee(s) and private third party individual(s), who maintain strong privacy interests, would not be justified by any ascertainable public interest. [2-pages]

and personal information of lower-level DOJ employee(s) and private third party individual(s), have been redacted under (b)(6) and (b)(7)(C) Portions of CRM 212 were referred by CRM to the FBI


[ ] (FBI)


December 02, 2010

Email Description: The document consists of a single email and the subject line: “Ensign.” Basis for Withholding: (b)(6) and (b)(7)(C). The document is being withheld in part to protect the personal privacy interests of lower-level DOJ employee(s). Revealing the names of lower-level DOJ employee(s), who maintain strong privacy interests, would not be justified by any ascertainable public interest. [1-page]


X


[ ] PIN Trial Atty.

[ ], [ ], [ ], [ ], (FBI); [ ] (USADC); [ ] PIN Trial Atty.

November 21, 2010

Email Description: The document consists of three emails and the subject line: “Re: Google Alert – John Ensign and [ ].” Basis for Withholding: (b)(6) and (b)(7)(C). The document is being withheld in part to protect the personal privacy interests of lower-level DOJ employee(s) and private third party individual(s). Revealing the names of lower-level DOJ employee(s) and private third party individual(s), who maintain strong privacy

The name(s) and personal information of lower-level DOJ employee(s) and private third party individual(s), have been redacted under (b)(6) and (b)(7)(C) Portions of

X

133



FOIA Exemption

WIF RIP

interests, would not be justified by any ascertainable public interest. [1-page]

CRM 214 were referred by CRM to the FBI

CRM 215 [EOUSA referral to CRM]

[ ] (Ensign Employee)

All Employees and Office Personnel (Ensign Senate Office)

October 13, 2009 MEMORANDUM Subject: “Re: Important Notice Regarding Document Retention Procedures.” Basis for Withholding: (b)(6) and (b)(7)(C). The document is being withheld in part to protect the personal privacy interests of private third party individual(s). Revealing the names of private third party individual(s), who maintain strong privacy interests, would not be justified by any ascertainable public interest. [1-page]

The name(s) and personal information of private third party individual(s), have been redacted under (b)(6) and (b)(7)(C)

X


Raymond Hulser, PIN Acting Chief; [ ] PIN Trial Atty.

[ ], Esq., Senate Legal Counsel

December 23, 2009

LTR (draft) Subject: “Re: Request for Documents from the Office of U.S. Senator John Ensign.” Basis for Withholding: (b)(6) and (b)(7)(C). The document is being withheld in part to protect the personal privacy interests of lower-level DOJ employee(s) and private third party individual(s). Revealing the names of lower-level DOJ employee(s) and private third party individual(s), who maintain strong privacy interests, would not be justified by any ascertainable public interest. [2-pages]

The name(s) and personal information of lower-level DOJ employee(s) and private third party individual(s), have been redacted under (b)(6) and (b)(7)(C)

X

CRM 217(A) and (B) [EOUSA referral to CRM]

Jack Smith, PIN Section Chief; [ ] PIN Trial Atty.

Senator [ ] December 23, 2009

LTR (signed) & LTR (draft) Subject: “Re: Request for Documents.” Basis for Withholding: (b)(6) and (b)(7)(C). The document is being withheld in part to protect the personal privacy interests of lower-level DOJ employee(s) and private third party individual(s). Revealing the names of DOJ employee(s) and private third party individual(s), who maintain strong privacy interests, would not be justified by any ascertainable public interest. [2-pages; 2-pages]


X




LTR (signed) & LTR (draft) Subject: “Re: Request for Documents.” Basis for Withholding: (b)(6) and (b)(7)(C). The document is being withheld in part to protect the personal privacy interests of lower-level DOJ employee(s) and private third party individual(s). Revealing the names of DOJ employee(s) and private third party individual(s), who maintain strong privacy interests, would not be justified by any


X

134



FOIA Exemption

WIF RIP

ascertainable public interest. [2-pages; 2-pages]




LTR (signed) & LTR (draft) Subject: “Re: Request for Documents.” Basis for Withholding: (b)(6) and (b)(7)(C). The document is being withheld in part to protect the personal privacy interests of lower-level DOJ employee(s) and private third party individual(s). Revealing the names of DOJ employee(s) and private third party individual(s), who maintain strong privacy interests, would not be justified by any ascertainable public interest. [2-pages; 2-pages]


X




LTR (signed) Subject: “Re: Request for Documents.” Basis for Withholding: (b)(6) and (b)(7)(C). The document is being withheld in part to protect the personal privacy interests of lower-level DOJ employee(s) and private third party individual(s). Revealing the names of DOJ employee(s) and private third party individual(s), who maintain strong privacy interests, would not be justified by any ascertainable public interest. [2-pages]


X



Senator [ ] June 21, 2010 LTR (draft) Subject: “Re: Request for Documents from the Office of U.S. Senator XX.” Basis for Withholding: (b)(6) and (b)(7)(C). The document is being withheld in part to protect the personal privacy interests of lower-level DOJ employee(s) and private third party individual(s). Revealing the names of DOJ employee(s) and private third party individual(s), who maintain strong privacy interests, would not be justified by any ascertainable public interest. [2-pages]


X



Jack Smith, PIN Section Chief; [ ], [ ] PIN Trial Atty.(s); Raymond Hulser, PIN Principal Deputy Atty. for Litigation

June 8, 2010; June 03, 2010

Email Description: The document consists of two emails and the subject line: “FW: ENSIGN weekly mtg” and “ENSIGN weekly mtg.” Basis for Withholding: (b)(6) and (b)(7)(C). The document is being withheld in part to protect the personal privacy interests of lower-level DOJ employee(s) and private third party individual(s). Revealing the names of DOJ employee(s) and private third party individual(s), who maintain

The name(s) and personal information of lower-level DOJ employee(s), have been redacted under (b)(6) and (b)(7)(C)

X

135



FOIA Exemption

WIF RIP

strong privacy interests, would not be justified by any ascertainable public interest. [1-page]


[ ] PIN Trial Atty. [ ] PIN Trial Atty. [ ] (USADC) Google Alerts

[ ] (USADC); [ ] PIN Trial Atty. [ ] PIN Trial Atty. [ ], [ ] PIN Trial Atty.(s). [ ] (USADC)

August 03, 2010 Email Description: The document consists of four emails and the subject line: “Fw: Google Alert –Ensign,” “FW: Google Alert –Ensign” and “Google Alert –Ensign.” Basis for Withholding: (b)(6) and (b)(7)(C). The document is being withheld in part to protect the personal privacy interests of lower-level DOJ employee(s). Revealing the names of DOJ employee(s), who maintain strong privacy interests, would not be justified by any ascertainable public interest. [2-pages]

The name(s) and personal information of lower-level DOJ employee(s), have been redacted under (b)(6) and (b)(7)(C) Portions of CRM 223 are deemed non-responsive

X


[ ] PIN Trial Atty. Google Alerts

[ ] (USADC); [ ], [ ] FBI; Raymond Hulser, PIN Principal Deputy Atty. for Litigation; [ ] FBI [ ] PIN Trial Atty.

March 18, 2010 Email Description: The document consists of four emails and the subject line: “Fw: Google Alert –john ensign,” and “Google Alert –john ensign.” Basis for Withholding: (b)(6) and (b)(7)(C). The document is being withheld in part to protect the personal privacy interests of lower-level DOJ employee(s). Revealing the names of DOJ employee(s), who maintain strong privacy interests, would not be justified by any ascertainable public interest. [2-pages]

The name(s) and personal information of lower-level DOJ employee(s), have been redacted under (b)(6) and (b)(7)(C) Portions of CRM 224 are deemed non-responsive

X

136



FOIA Exemption

WIF RIP


[ ] PIN Trial Atty. Raymond Hulser, PIN Principal Deputy Atty. for Litigation [ ] (USADC)

[ ] (USADC) [ ] (USADC); [ ], [ ] PIN Trial Atty.(s); Jack Smith, PIN Section Chief [ ], [ ] PIN Trial Atty.(s); Raymond Hulser, PIN Principal Deputy Atty. for Litigation; Jack Smith, PIN Section Chief

June 22, 2010 Email Description: The document consists of three emails and the subject line: “FW: Letter requests,” “RE: Letter requests” and “Letter requests.” Basis for Withholding: (b)(5) (AWP). The document constitutes AWP because it was created in anticipation of litigation involving Ensign. The document contains factual information that was compiled by DOJ attorney(s) for the investigation and possible criminal prosecution and its release would reveal the mental impressions and legal strategies of the DOJ attorney(s) involved in the case. For example, the document references the contents of request letters sent to certain U.S. Senators by DOJ seeking evidence related to the Ensign investigation, and release of such information would improperlydisclose the DOJ attorneys’ legal strategy. Basis for Withholding: (b)(6) and (b)(7)(C). The document is being withheld in part to protect the personal privacy interests of lower-level DOJ employee(s). Revealing the names of lower-level DOJ employee(s), who maintain strong privacy interests, would not be justified by any ascertainable public interest. [2-pages]


X



Ray Hulser, PIN Principal Deputy Atty. for Litigation; [ ] (USADC) [ ] Private Legal Counsel; [ ] (legal.senate)

January 05, 2010 Email Description: The document consists of two emails and the subject line: “FW: Request for Documents” and “Request for Documents” and attachment line: “Request for Documents from Senator Ensign – 1-5-2010.pdf.” Basis for Withholding: (b)(6) and (b)(7)(C). The document is being withheld in part to protect the personal privacy interests of lower-level DOJ employee(s) and private third party individual(s). Revealing the names of DOJ employee(s) and private third party individual(s), who maintain strong privacy interests, would not be justified by any ascertainable public interest. [1-page]


X



[ ] (USADC); [ ], [ ] FBI [ ], [ ] Private Legal Counsel

February 19, 2010 Email Description: The document consists of three emails and the subject line: “FW: Senator Ensign,” “RE: Senator Ensign” and “Senator Ensign.”

The name(s) and personal information of lower-level DOJ employee(s)

X

137



FOIA Exemption

WIF RIP


[ ] PIN Trial Atty.; [ ] Private Legal Counsel

Basis for Withholding: (b)(6) and (b)(7)(C). The document is being withheld in part to protect the personal privacy interests of lower-level DOJ employee(s) and private third party individual(s). Revealing the names of DOJ employee(s) and private third party individual(s), who maintain strong privacy interests, would not be justified by any ascertainable public interest. [2-pages]

and private third party individual(s), have been redacted under (b)(6) and (b)(7)(C)


[ ] PIN Trial Atty. [ ] FBI [ ] FBI

[ ] (USADC) [ ] PIN Trial Atty. [ ] PIN Trial Atty.

January 06, 2010; December 07, 2009

Email Description: The document consists of three emails and the subject line: “FW: SENATOR ENSIGN INVESTIGATION – Possible Email Hosting Companies,” “RE: SENATOR ENSIGN INVESTIGATION – Possible Email Hosting Companies” and “SENATOR ENSIGN INVESTIGATION – Possible Email Hosting Companies.” Basis for Withholding: (b)(6) and (b)(7)(C). The document is being withheld in part to protect the personal privacy interests of lower-level DOJ employee(s) and private third party individual(s). Revealing the names of DOJ employee(s) and private third party individual(s), who maintain strong privacy interests, would not be justified by any ascertainable public interest. [2-pages]


X


[ ] PIN Trial Atty.

[ ] (USADC); [ ] PIN Trial Atty.

June 07, 2010 Email Description: The document consists of a single email and the subject line: “Proposed Final List of Search Terms -6-7-2010” and an attachment line: “Proposed Final List of Search Terms -6-7-2010.docx” Basis for Withholding: (b)(6) and (b)(7)(C). The document is also being withheld in part to protect the personal privacy interests of lower-level DOJ employee(s) and private third party individual(s). Revealing the names and personal information of DOJ employee(s) and private third party individual(s), who maintain strong privacy interests, would not be justified by any ascertainable public interest. [1-page; 10-page attachment]


X


[ ] PIN Trial Atty.

FILE

May 26, 2011 Memorandum Description: The document references: “Handling of Materials Received from SSCE related to Senator John Ensign.”

(b)(3) (Grand Jury Material); (b)(5) (AWP)

X

138



FOIA Exemption

WIF RIP

Basis for Withholding: (b)(3) (Grand Jury Material). Basis for Withholding: (b)(5) (AWP). The document constitutes AWP because it was created in anticipation of litigation involving Ensign. The document contains factual information that was compiled by DOJ attorney(s) for the investigation and possible criminal prosecution and its release would reveal the mental impressions and legal strategies of the DOJ attorney(s) involved in the case. For example, the document references the contents of SSCE investigatory documents obtained by DOJ, and release of such information would improperly disclose the DOJ attorneys’ legal strategy. Basis for Withholding: (b)(6) and (b)(7)(C). The document is being withheld in part to protect the personal privacy interests of lower-level DOJ employee(s). Revealing the names of lower-level DOJ employee(s), who maintain strong privacy interests, would not be justified by any ascertainable public interest. Page one of the Memorandum contains a banner reading: CONFIDENTIAL [-] ATTORNEY WORK PRODUCT [-] CONTAINS 6(e) MATERIAL.” [3-pages]



[ ] PIN Paralegal

FILE

May 27, 2011 Memorandum Description: The document references:“Receipt of Material from the Senate Select Committee on Ethics.” Basis for Withholding: (b)(5) (AWP). The document constitutes AWP because it was created in anticipation of litigation involving Ensign. The document contains factual information that was compiled by DOJ attorney(s) for the investigation and possible criminal prosecution and its release would reveal the mental impressions and legal strategies of the DOJ attorney(s) involved in the case. For example, the document references the contents of SSCE investigatory documents obtained by DOJ, and release of such information would improperly disclose the DOJ attorneys’ legal strategy. Basis for Withholding: (b)(6) and (b)(7)(C). The document is being withheld in part to protect the personal privacy interests of

(b)(5) (AWP) The name(s) and personal information of lower-level DOJ employee(s) have been redacted under (b)(6) and (b)(7)(C)

X

139



FOIA Exemption

WIF RIP

lower-level DOJ employee(s). Revealing the names of lower-level DOJ employee(s), who maintain strong privacy interests, would not be justified by any ascertainable public interest. Page one of the Memorandum contains a banner reading: CONFIDENTIAL [-] ATTORNEY WORK PRODUCT [-] CONTAINS 6(e) MATERIAL.” [3-pages]


Unidentified DOJ attorney and/or case agent

Unknown

Undated Weekly Meeting Progress Report – week of September 7, 2010 Description: The document contains a summary of the government’s investigative strategy related to Ensign and others. Basis for Withholding: (b)(3) (Grand Jury Material). Basis for Withholding: (b)(5) (AWP). The document constitutes AWP because it was created in anticipation of litigation involving Ensign. The document contains factual information that was compiled by DOJ attorney(s) for the investigation and possible criminal prosecution and its release would reveal the mental impressions and legal strategies of the DOJ attorney(s) involved in the case. For example, the document references documents reviewed, witnesses interviewed, grand jury information, etc., and release of such information would improperly disclose the DOJ attorneys’ legal strategy. Basis for Withholding: (b)(6) and (b)(7)(C). The document is being withheld in part to protect the personal privacy interests of lower-level DOJ employee(s). Revealing the names of lower-level DOJ employee(s), who maintain strong privacy interests, would not be justified by any ascertainable public interest. Page one of the Memorandum contains a banner reading: [2-pages]

(b)(3) (Grand Jury Material); (b)(5) (AWP) The name(s) and personal information of lower-level DOJ employee(s) have been redacted under (b)(6) and (b)(7)(C)

X



Unknown

Undated Weekly Meeting Progress Report – week of September 7, 2010 Description: The document contains a summary of the government’s investigative strategy related to Ensign and others. Basis for Withholding: (b)(3) (Grand Jury Material). Basis for Withholding: (b)(5)

(b)(3) (Grand Jury Material); (b)(5) (AWP) The name(s) and personal information of lower-level DOJ

X

140



FOIA Exemption

WIF RIP

(AWP). The document constitutes AWP because it was created in anticipation of litigation involving Ensign. The document contains factual information that was compiled by DOJ atorney(s) for the investigation and possible criminal prosecution and its release would reveal the mental impressions and legal strategies of the DOJ attorney(s) involved in the case. For example, the document references documents reviewed, witnesses interviewed, grand jury information, etc., and release of such information would improperly disclose the DOJ attorneys’ legal strategy. Basis for Withholding: (b)(6) and (b)(7)(C). The document is being withheld in part to protect the personal privacy interests of lower-level DOJ employee(s). Revealing the names of lower-level DOJ employee(s), who maintain strong privacy interests, would not be justified by any ascertainable public interest. Note: Page 1 of the Memorandum contains a banner reading: [2-pages]

employee(s) have been redacted under (b)(6) and (b)(7)(C)

CRM 234 (A) and (B) [EOUSA referral to CRM] [email sweep]; [Clearwell]; [page 1925-1947 of 7508] (23-pages) [email sweep]; [Clearwell]; [page 1952-1963 of 7508] (12-pages)

[ ], [ ], PIN Trial Atty.(s); [ ] (USADC)

Jack Smith, PIN Section Chief; Raymond Hulser, PIN Principal Deputy Atty. for Litigation; [ ], PIN Deputy Chief

June 24, 2011; June 25,2011

SUPPLEMENTAL PROSECUTION MEMORANDUM Subject: “Supplemental Memorandum Regarding Prosecution as to [ ] and former U.S. Senator John Ensign.” Description: The document is a supplemental prosecution memo setting forth the detailed reasoning behind DOJ’s decision recommending the prosecution/indictment of [ ] and former U.S. Senator John Ensign. The document is a “draft” instrument and it appears to be incomplete. Basis for Withholding: (b)(3) (Grand Jury Material). Basis for Withholding: (b)(5) (AWP). The document constitutes AWP because it was created in anticipation of supervisory approval by DOJ managers of a recommendation to indict several individuals, as well as the approval by PIN managers to approve the prosecution of [ ] and former U.S. Senator John Ensign. The document contains legal theories and factual information that was compiled by PIN attorney(s) and an AUSA during the investigation and possible criminal prosecution of


X

141



FOIA Exemption

WIF RIP

Ensign and its release would reveal the mental impressions and legal strategies of the DOJ attorney(s) involved in the case. For example, the document contains a list of the statutes and details the evidence that may be used in any possible criminal prosecution, and revelation of that information would improperly disclose the DOJ attorneys’ legal strategy. Basis for Withholding: (b)(5) (DPP). The information contained in this document is deliberative because it includes pre-decisional material that was compiled to assist policy-makers in reaching a decision as to whether to prosecute Ensign and because it reflects the give-and-take process by which the government reached that decision. The supplemental prosecution memo, for example, includes factual information and subjective analysis, in the form of the primary justifications for indictment of [ ] and former U.S. Senator John Ensign. Disclosure of this deliberative material could likely chill the open sharing of thoughts and impressions of ongoing criminal prosecutions. Basis for Withholding: (b)( 6) and (b)(7)(C). The document has also been withheld in full to protect the personal privacy interests of lower-level DOJ employee(s) and private third party individual(s). Revealing the names and personal information of DOJ employee(s) and private third party individual(s), who maintain strong privacy interests, would not be justified by any ascertainable public interest. The first page of the SUPPLEMENTAL PROSECUTION MEMORANDUM has a banner headline reading: “CONFIDENTIAL [–] ATTORNEY WORK PRODUCT [–] CONTAINS 6(e) MATERIAL.” [13-pages] Excerpt from Supplemental Memo – 6-25-20011.doc. for Printed Item: 3815 (Attachment 1 of 1) Description: The document appears to be an excerpt from the supplemental prosecution memo discussed above which sets forth

142



FOIA Exemption

WIF RIP

the detailed reasoning behind DOJ’s decision recommending the prosecution/indictment of [ ] and former U.S. Senator John Ensign. The document is a “draft” instrument and it appears to be incomplete. Basis for Withholding: (b)(3) (Grand Jury Material). Basis for Withholding: (b)(5) (AWP). The document constitutes AWP because it was created in anticipation of supervisory approval by DOJ managers of a recommendation to indict several individuals, as well as the approval by PIN managers to approve the prosecution of [ ] and former U.S. Senator John Ensign. The document contains legal theories and factual information that was compiled by PIN attorney(s) and an AUSA during the investigation and possible criminal prosecution of Ensign and its release would reveal the mental impressions and legal strategies of the DOJ attorney(s) involved in the case. For example, the document contains a list of the statutes and details the evidence that may be used in any possible criminal prosecution, and revelation of that information would improperly disclose the DOJ attorneys’ legal strategy. Basis for Withholding: (b)(5) (DPP). The information contained in this document is deliberative because it includes pre-decisional material that was compiled to assist policy-makers in reaching a decision as to whether to prosecute Ensign and because it reflects the give-and-take process by which the government reached that decision. The supplemental prosecution memo, for example, includes factual information and subjective analysis, in the form of the primary justifications for indictment of [ ] and former U.S. Senator John Ensign. Disclosure of this deliberative material could likely chill the open sharing of thoughts and impressions of ongoing criminal prosecutions. Basis for Withholding: (b)( 6) and (b)(7)(C). The document has also been withheld in full to protect the personal privacy interests of private third party individual(s). Revealing the names and personal information

143



FOIA Exemption

WIF RIP

of private third party ndividual(s), who maintain strong privacy interests, would not be justified by any ascertainable public interest. [12-pages]



Unknown Created: 9/16/10 CaseMap Objects – Persons Report Subject: Case: Stars and Stripes Description: The document is a case-tracker software utilized and designed to identify all individuals involved in the Ensign investigation. The document lists the individual(s) name and their role in the case, including documents they may have authored, documents received from certain individual(s), etc. Basis for Withholding: (b)(5) (AWP). The document constitutes AWP because it was created in anticipation of supervisory approval by DOJ managers of a recommendation to indict several individuals, as well as the approval by PIN managers to approve the prosecution of [ ] and former U.S. Senator John Ensign. The document contains factual information that was compiled by DOJ attorney(s) and case agent(s) during the investigation and possible criminal prosecution of Ensign and its release would reveal the mental impressions and legal strategies of the attorneys involved in the case. For example, the document contains a list of the individuals involved in the investigation, their role and references documents authored by the individual(s), etc., and revelation of that information would improperly disclose the DOJ attorneys’ legal strategy. Basis for Withholding: (b)(5) (DPP). The information contained in this document is deliberative because it includes pre-decisional material that was compiled to assist policy-makers in reaching a decision as to whether to prosecute Ensign and because it reflects the give-and-take process by which the government reached that decision. The supplemental prosecution memo, for example, includes factual information and subjective analysis, in the form of the primary justifications for indictment of [ ] and former U.S. Senator John Ensign. Disclosure of this deliberative material could likely chill the open sharing of

(b) (5) (AWP) and (b)(5) (DPP) The name(s) and personal information of lower-level DOJ employee(s) and private third party individual(s) have been redacted under (b)(6) and (b)(7)(C)

X

144



FOIA Exemption

WIF RIP

thoughts and impressions of ongoing criminal prosecutions. Basis for Withholding: (b)( 6) and (b)(7)(C). The document has also been withheld in full to protect the personal privacy interests of lower-level DOJ employee(s) and private third party individual(s). Revealing the names and personal information of DOJ employee(s) and private third party individual(s), who maintain strong privacy interests, would not be justified by any ascertainable public interest. [ 6-pages]



Unknown Undated TIMELINE Subject: The document is a timeline of events related to the affair involving Ensign. Description: The document is consistent with something drafted and created by a DOJ attorney and/or case agent, and used as a litigation tool. The document contains multiple references to Ensign. Basis for Withholding: (b)(5) (AWP). The document constitutes AWP because it was created in anticipation of litigation related to the investigation of Ensign. The document contains factual information that was compiled by DOJ attorney(s) and case agents during the investigation and possible criminal prosecution of Ensign and its release would reveal the mental impressions and legal strategies of the DOJ attorney(s) involved in the case. For example, the document contains a detailed timeline of the affair involving Ensign and would have been a useful tool for a prosecutor or investigator as a chronological device or for summarizing key events connected to the case, and revelation of that information would improperly disclose the DOJ attorneys’ legal strategy. Basis for Withholding: (b)(6) and (b)(7)(C). The document is being withheld in part to protect the personal privacy interests of private third party individual(s). Revealing the names and personal information of private third party individual(s), who maintain strong privacy interests, would not be justified by any ascertainable public interest. [10-pages]

(b) (5) (AWP) The name(s) and personal information of lower-level DOJ employee(s) and private third party individual(s) have been redacted under (b)(6) & (b)(7)(C)

X

CRM 237 (A), (B) and (C)

Unidentified DOJ attorney

Unknown Undated 241033 Money Subject: The document tracks

(b) (5) (AWP)

X

145



FOIA Exemption

WIF RIP

[EOUSA referral to CRM]

and/or case agent

money and salary involving [ ] and [ ]. Description: The document is consistent with something drafted and created by a DOJ attorney and/or case agent, and used as a litigation tool. The document contains multiple references to Ensign. Basis for Withholding: (b)(5) (AWP). The document constitutes AWP because it was created in anticipation of litigation related to the investigation of Ensign. The document contains factual information that was compiled by DOJ attorney(s) and case agents during the investigation and possible criminal prosecution of Ensign and its release would reveal the mental impressions and legal strategies of the DOJ attorney(s) involved in the case. For example, the document contains a detailed timeline of the affair involving Ensign and would have been a useful tool for a prosecutor or investigator as a chronological device or for summarizing key events connected to the case, and revelation of that information would improperly disclose the DOJ attorneys’ legal strategy. Basis for Withholding: (b)(6) and (b)(7)(C). The document is being withheld in part to protect the personal privacy interests of private third party individual(s). Revealing the names and personal information of private third party individual(s), who maintain strong privacy interests, would not be justified by any ascertainable public interest. [2-pages] [ ] and [ ] Subject: The documents relate to a subject [ ] and a witness [ ] involved in the Ensign investigation. Description: The documents are consistent with something drafted and created by a DOJ attorney and/or case agent, and used as a litigation tool. The documents contain multiple references to Ensign. Basis for Withholding: (b)(5) (AWP). The document constitutes AWP because it was created in anticipation of litigation related to the investigation of Ensign. The document contains factual information that was

The name(s) and personal information of private third party individual(s) have been redacted under (b)(6) & (b)(7)(C)

146



FOIA Exemption

WIF RIP

compiled by DOJ attorney(s) and case agent(s) during the investigation and possible criminal prosecution of Ensign and its release would reveal the mental impressions and legal strategies of the DOJ attorney(s) involved in the case. For example, the document contains a detailed description of background information pertaining to [ ], a subject and [ ], a witness to the Ensign investigation and the documents would be useful tools for a prosecutor or investigator summarizing key facts about [ ] a subject and [ ] a witness connected to the Ensign investigation, and revelation of that information would improperly disclose the DOJ attorneys’ legal strategy. [2-pages]



AAG Undated Briefing for the AAG (Stars & Stripes) Subject: The document is a briefing prepared for the AAG and overviews the Ensign investigation. Description: The document is consistent with something drafted and created by a DOJ attorney(s) in preparation for briefing the AAG about the status of the investigation. The document contains multiple references to Ensign. Basis for Withholding: (b)(5) (AWP). The document constitutes AWP because it was created in anticipation of litigation related to the investigation of Ensign. The document contains factual information that was compiled by DOJ attorney(s) during the investigation and possible criminal prosecution of Ensign and its release would reveal the mental impressions and legal strategies of the DOJ attorney(s) involved in the case. For example, the document contains a detailed background of the affair involving Ensign, discusses potential criminal charges and references grand jury information, and revelation of that information would improperly disclose the DOJ attorneys’ legal strategy. Basis for Withholding: (b)(6) and (b)(7)(C). The document is being withheld in part to protect the personal privacy interests of private third party individual(s).

(b) (5) (AWP) The name(s) and personal information of private third party individual(s) have been redacted under (b)(6) & (b)(7)(C)

X

147



FOIA Exemption

WIF RIP

Revealing the names and personal information of private third party individual(s), who maintain strong privacy interests, would not be justified by any ascertainable public interest. [7-pages]



Undated ENSIGN QUESTIONS Subject: The document is a list of interview/proffer questions prepared for Ensign and which pertain to the underlying investigation. Description: The document is consistent with something drafted and created by a DOJ attorney(s) in anticipation of an interview and/or proffer involving Ensign. Basis for Withholding: (b)(5) (AWP). The document constitutes AWP because it was created in anticipation of litigation related to the investigation of Ensign. The document contains factual information that was compiled by DOJ attorney(s) during the investigation and possible criminal prosecution of Ensign and its release would reveal the mental impressions and legal strategies of the DOJ attorney(s) involved in the case. For example, the document contains a detailed list of questions prepared for Ensign which relate to the underlying investigation of Ensign and others, and revelation of that information would improperly disclose the DOJ attorneys’ legal strategy. Basis for Withholding: (b)(6) and (b)(7)(C). The document is being withheld in part to protect the personal privacy interests of private third party individual(s). Revealing the names and personal information of private third party individual(s), who maintain strong privacy interests, would not be justified by any ascertainable public interest. [3-pages]

(b) (5) (AWP) The name(s) and personal information of private third party individual(s) have been redacted under (b)(6) & (b)(7)(C)

X



DOJ attorney(s) and/or case agent

(As of 1/29/2010) To Do List – Ensign Investigation Subject: The document is a working copy of a list of things or tasks yet to be done, which was created for use by attorneys and agents during the Ensign investigation. Description: The document is consistent with something drafted/ created by DOJ attorney(s), which references specific tasks that needed to be completed to keep

(b) (5) (AWP) The name(s) and personal information of lower-level DOJ employee(s) and private third party individual(s) have been

X

148



FOIA Exemption

WIF RIP

the investigation moving forward. Basis for Withholding: (b)(5) (AWP). The document constitutes AWP because it was created in anticipation of litigation related to the investigation of Ensign. The document contains factual information that was compiled by DOJ attorney(s) during the investigation and possible criminal prosecution of Ensign and its release would reveal the mental impressions and legal strategies of the DOJ attorney(s) involved in the case. For example, the document contains a detailed laundry list of tasks that need to be completed by DOJ attorney(s) and case agent(s) involved in the investigation of Ensign and others, and revelation of that information would improperly disclose the DOJ attorneys’ legal strategy. Basis for Withholding: (b)(6) and (b)(7)(C). The document is being withheld in part to protect the personal privacy interests of lower-level DOJ employee(s) and private third party individual(s). Revealing the names and personal information of DOJ employee(s) and private third party individual(s), who maintain strong privacy interests, would not be justified by any ascertainable public interest. [3-pages]

redacted under (b)(6) & (b)(7)(C)




(As of 3/12/2010) To Do List – Ensign Investigation Subject: The document is a working copy of a list of things or tasks yet to be done, which was created for use by attorneys and agents during the Ensign investigation. Description: The document is consistent with something drafted/ created by DOJ attorney(s), which references specific tasks that needed to be completed to keep the investigation moving forward. Basis for Withholding: (b)(5) (AWP). The document constitutes AWP because it was created in anticipation of litigation related to the investigation of Ensign. The document contains factual information that was compiled by DOJ attorney(s) during the investigation and possible criminal prosecution of Ensign and its release would reveal the mental impressions and legal strategies of the DOJ attorney(s) involved in the case.

(b)(5) (AWP) The name(s) and personal information of lower-level DOJ employee(s) and private third party individual(s) have been redacted under (b)(6) & (b)(7)(C)

X

149



FOIA Exemption

WIF RIP

For example, the document contains a detailed laundry list of tasks that need to be completed by DOJ attorney(s) and case agent(s) involved in the investigation of Ensign and others, and revelation of that information would improperly disclose the DOJ attorneys’ legal strategy. Basis for Withholding: (b)(6) and (b)(7)(C). The document is being withheld in part to protect the personal privacy interests of lower-level DOJ employee(s) and private third party individual(s). Revealing the names and personal information of DOJ employee(s) and private third party individual(s), who maintain strong privacy interests, would not be justified by any ascertainable public interest. [4-pages]




(As of 3/19/2010) To Do List – Ensign Investigation Subject: The document is a working copy of a list of things or tasks yet to be done, which was created for use by attorneys and agents during the Ensign investigation. Description: The document is consistent with something drafted/ created by DOJ attorney(s), which references specific tasks that needed to be completed to keep the investigation moving forward. Basis for Withholding: (b)(5) (AWP). The document constitutes AWP because it was created in anticipation of litigation related to the investigation of Ensign. The document contains factual information that was compiled by DOJ attorney(s) during the investigation and possible criminal prosecution of Ensign and its release would reveal the mental impressions and legal strategies of the DOJ attorney(s) involved in the case. For example, the document contains a detailed laundry list of tasks that need to be completed by DOJ attorney(s) and case agent(s) involved in the investigation of Ensign and others, and revelation of that information would improperly disclose the DOJ attorneys’ legal strategy. Basis for Withholding: (b)(6) and (b)(7)(C). The document is being withheld in part to protect the personal privacy interests of lower-level DOJ employee(s) and private third party individual(s).


X

150



FOIA Exemption

WIF RIP

Revealing the names and personal information of DOJ employee(s) and private third party individual(s), who maintain strong privacy interests, would not be justified by any ascertainable public interest. [4-pages]

CRM 243(A), (B) and (C) [EOUSA referral to CRM]



(As of 4/2/2010) To Do List – Ensign Investigation Subject: The document is a working copy of a list of things or tasks yet to be done, which was created for use by attorneys and agents during the Ensign investigation. Description: The document is consistent with something drafted/ created by DOJ attorney(s), which references specific tasks that needed to be completed to keep the investigation moving forward. Basis for Withholding: (b)(5) (AWP). The document constitutes AWP because it was created in anticipation of litigation related to the investigation of Ensign. The document contains factual information that was compiled by DOJ attorney(s) during the investigation and possible criminal prosecution of Ensign and its release would reveal the mental impressions and legal strategies of the DOJ attorney(s) involved in the case. For example, the document contains a detailed laundry list of tasks that need to be completed by DOJ attorney(s) and case agent(s) involved in the investigation of Ensign and others, and revelation of that information would improperly disclose the DOJ attorneys’ legal strategy. Basis for Withholding: (b)(6) and (b)(7)(C). The document is being withheld in part to protect the personal privacy interests of lower-level DOJ employee(s) and private third party individual(s). Revealing the names and personal information of DOJ employee(s) and private third party individual(s), who maintain strong privacy interests, would not be justified by any ascertainable public interest. [5-pages; 5-pages; 6-pages]


X




(As of 5/14/2010) To Do List – Ensign Investigation Subject: The document is a working copy of a list of things or tasks yet to be done, which was created for use by attorneys and agents during the Ensign

(b)(5) (AWP) The name(s) and personal information of lower-

X

151



FOIA Exemption

WIF RIP

investigation. Description: The document is consistent with something drafted/ created by DOJ attorney(s), which references specific tasks that needed to be completed to keep the investigation moving forward. Basis for Withholding: (b)(5) (AWP). The document constitutes AWP because it was created in anticipation of litigation related to the investigation of Ensign. The document contains factual information that was compiled by DOJ attorney(s) during the investigation and possible criminal prosecution of Ensign and its release would reveal the mental impressions and legal strategies of the DOJ attorney(s) involved in the case. For example, the document contains a detailed laundry list of tasks that need to be completed by DOJ attorney(s) and case agent(s) involved in the investigation of Ensign and others, and revelation of that information would improperly disclose the DOJ attorneys’ legal strategy. Basis for Withholding: (b)(6) and (b)(7)(C). The document is being withheld in part to protect the personal privacy interests of lower-level DOJ employee(s) and private third party individual(s). Revealing the names and personal information of DOJ employee(s) and private third party individual(s), who maintain strong privacy interests, would not be justified by any ascertainable public interest. [5-pages]

level DOJ employee(s) and private third party individual(s) have been redacted under (b)(6) & (b)(7)(C)




(As of 5/24/2010) To Do List – Ensign Investigation Subject: The document is a working copy of a list of things or tasks yet to be done, which was created for use by attorneys and agents during the Ensign investigation. Description: The document is consistent with something drafted/ created by DOJ attorney(s), which references specific tasks that needed to be completed to keep the investigation moving forward. Basis for Withholding: (b)(5) (AWP). The document constitutes AWP because it was created in anticipation of litigation related to the investigation of Ensign. The document contains factual information that was compiled by DOJ attorney(s)


X

152



FOIA Exemption

WIF RIP

during the investigation and possible criminal prosecution of Ensign and its release would reveal the mental impressions and legal strategies of the DOJ attorney(s) involved in the case. For example, the document contains a detailed laundry list of tasks that need to be completed by DOJ attorney(s) and case agent(s) involved in the investigation of Ensign and others, and revelation of that information would improperly disclose the DOJ attorneys’ legal strategy. Basis for Withholding: (b)(6) and (b)(7)(C). The document is being withheld in part to protect the personal privacy interests of lower-level DOJ employee(s) and private third party individual(s). Revealing the names and personal information of DOJ employee(s) and private third party individual(s), who maintain strong privacy interests, would not be justified by any ascertainable public interest. [7-pages]




(As of 8/7/2010) To Do List – Ensign Investigation Subject: The document is a working copy of a list of things or tasks yet to be done, which was created for use by attorneys and agents during the Ensign investigation. Description: The document is consistent with something drafted/ created by DOJ attorney(s), which references specific tasks that needed to be completed to keep the investigation moving forward. Basis for Withholding: (b)(5) (AWP). The document constitutes AWP because it was created in anticipation of litigation related to the investigation of Ensign. The document contains factual information that was compiled by DOJ attorney(s) during the investigation and possible criminal prosecution of Ensign and its release would reveal the mental impressions and legal strategies of the DOJ attorney(s) involved in the case. For example, the document contains a detailed laundry list of tasks that need to be completed by DOJ attorney(s) and case agent(s) involved in the investigation of Ensign and others, and revelation of that information would improperly disclose the DOJ attorneys’ legal strategy.


X

153



FOIA Exemption

WIF RIP

Basis for Withholding: (b)(6) and (b)(7)(C). The document is being withheld in part to protect the personal privacy interests of lower-level DOJ employee(s) and private third party individual(s). Revealing the names and personal information of DOJ employee(s) and private third party individual(s), who maintain strong privacy interests, would not be justified by any ascertainable public interest. [9-pages]




(As of 9/3/2010) To Do List – Ensign Investigation Subject: The document is a working copy of a list of things or tasks yet to be done, which was created for use by attorneys and agents during the Ensign investigation. Description: The document is consistent with something drafted/ created by DOJ attorney(s), which references specific tasks that needed to be completed to keep the investigation moving forward. Basis for Withholding: (b)(5) (AWP). The document constitutes AWP because it was created in anticipation of litigation related to the investigation of Ensign. The document contains factual information that was compiled by DOJ attorney(s) during the investigation and possible criminal prosecution of Ensign and its release would reveal the mental impressions and legal strategies of the attorneys involved in the case. For example, the document contains a detailed laundry list of tasks that need to be completed by DOJ attorney(s) and case agent(s) involved in the investigation of Ensign and others, and revelation of that information would improperly disclose the attorneys’ legal strategy. Basis for Withholding: (b)(6) and (b)(7)(C). The document is being withheld in part to protect the personal privacy interests of lower-level DOJ employee(s) and private third party individual(s). Revealing the names and personal information of DOJ employee(s) and private third party individual(s), who maintain strong privacy interests, would not be justified by any ascertainable public interest. [9-pages]


X

CRM 248 Unidentified DOJ week of June 14, Weekly Meeting Progress (b)(5) X

154



FOIA Exemption

WIF RIP

[EOUSA referral to CRM]

DOJ attorney and/or case agent

attorney(s) and/or case agent

2010 Report Subject: The document is a progress report created for the Ensign investigation. Description: The document is consistent with something drafted and created by a DOJ attorney and summarizes the investigative strategy; what needs to be accomplished; major investigative steps; issues where supervisory guidance is needed; issues slowing down the investigation and a proposed timetable for investigative progress. Basis for Withholding: (b)(5) (AWP). The document constitutes AWP because it was created in anticipation of litigation related to the investigation of Ensign. The document contains factual information that was compiled by DOJ Attorney(s) during the investigation and possible criminal prosecution of Ensign and its release would reveal the mental impressions and legal strategies of the DOJ attorney(s) involved in the case. For example, the document summarizes the investigative strategy; what needs to be accomplished; major investigative steps; issues where supervisory guidance is needed; issues slowing down the investigation and a proposed timetable for investigative progress, and revelation of that information would improperly disclose the DOJ attorneys’ legal strategy. Basis for Withholding: (b)(6) and (b)(7)(C). The document is being withheld in part to protect the personal privacy interests of lower-level DOJ employee(s) and private third party individual(s). Revealing the names and personal information of DOJ employee(s) and private third party individual(s), who maintain strong privacy interests, would not be justified by any ascertainable public interest. [3-pages]

(AWP) The name(s) and personal information of lower-level DOJ employee(s) and private third party individual(s) have been redacted under (b)(6) & (b)(7)(C)




week of June 21, 2010

Weekly Meeting Progress Report Subject: The document is a progress report created for the Ensign investigation. Description: The document is consistent with something drafted and created by a DOJ attorney and summarizes the investigative strategy; what needs to be accomplished; major investigative

(b)(5) (AWP) The name(s) and personal information of lower-level DOJ employee(s) and private third party

X

155



FOIA Exemption

WIF RIP

steps; issues where supervisory guidance is needed; issues slowing down the investigation and a proposed timetable for investigative progress. Basis for Withholding: (b)(5) (AWP). The document constitutes AWP because it was created in anticipation of litigation related to the investigation of Ensign. The document contains factual information that was compiled by DOJ Attorney(s) during the investigation and possible criminal prosecution of Ensign and its release would reveal the mental impressions and legal strategies of the DOJ attorney(s) involved in the case. For example, the document summarizes the investigative strategy; what needs to be accomplished; major investigative steps; issues where supervisory guidance is needed; issues slowing down the investigation and a proposed timetable for investigative progress, and revelation of that information would improperly disclose the DOJ attorneys’ legal strategy. Basis for Withholding: (b)(6) and (b)(7)(C). The document is being withheld in part to protect the personal privacy interests of lower-level DOJ employee(s) and private third party individual(s). Revealing the names and personal information of DOJ employee(s) and private third party individual(s), who maintain strong privacy interests, would not be justified by any ascertainable public interest. [3-pages]

individual(s) have been redacted under (b)(6) & (b)(7)(C)




week of June 28, 2010

Weekly Meeting Progress Report Subject: The document is a progress report created for the Ensign investigation. Description: The document is consistent with something drafted and created by a DOJ attorney and summarizes the investigative strategy; what needs to be accomplished; major investigative steps; issues where supervisory guidance is needed; issues slowing down the investigation and a proposed timetable for investigative progress. Basis for Withholding: (b)(5) (AWP). The document constitutes AWP because it was created in anticipation of litigation related to the investigation of


X

156



FOIA Exemption

WIF RIP

Ensign. The document contains factual information that was compiled by DOJ Attorney(s) during the investigation and possible criminal prosecution of Ensign and its release would reveal the mental impressions and legal strategies of the DOJ attorney(s) involved in the case. For example, the document summarizes the investigative strategy; what needs to be accomplished; major investigative steps; issues where supervisory guidance is needed; issues slowing down the investigation and a proposed timetable for investigative progress, and revelation of that information would improperly disclose the DOJ attorneys’ legal strategy. Basis for Withholding: (b)(6) and (b)(7)(C). The document is being withheld in part to protect the personal privacy interests of lower-level DOJ employee(s) and private third party individual(s). Revealing the names and personal information of DOJ employee(s) and private third party individual(s), who maintain strong privacy interests, would not be justified by any ascertainable public interest. [3-pages]




week of July 5, 2010

Weekly Meeting Progress Report Subject: The document is a progress report created for the Ensign investigation. Description: The document is consistent with something drafted and created by a DOJ attorney and summarizes the investigative strategy; what needs to be accomplished; major investigative steps; issues where supervisory guidance is needed; issues slowing down the investigation and a proposed timetable for investigative progress. Basis for Withholding: (b)(5) (AWP). The document constitutes AWP because it was created in anticipation of litigation related to the investigation of Ensign. The document contains factual information that was compiled by DOJ Attorney(s) during the investigation and possible criminal prosecution of Ensign and its release would reveal the mental impressions and legal strategies of the DOJ attorney(s) involved in the case. For example, the document


X

157



FOIA Exemption

WIF RIP

summarizes the investigative strategy; what needs to be accomplished; major investigative steps; issues where supervisory guidance is needed; issues slowing down the investigation and a proposed timetable for investigative progress, and revelation of that information would improperly disclose the DOJ attorneys’ legal strategy. Basis for Withholding: (b)(6) and (b)(7)(C). The document is being withheld in part to protect the personal privacy interests of lower-level DOJ employee(s) and private third party individual(s). Revealing the names and personal information of DOJ employee(s) and private third party individual(s), who maintain strong privacy interests, would not be justified by any ascertainable public interest. [3-pages]





Weekly Meeting Progress Report Subject: The document is a progress report created for the Ensign investigation. Description: The document is consistent with something drafted and created by a DOJ attorney and summarizes the investigative strategy; what needs to be accomplished; major investigative steps; issues where supervisory guidance is needed; issues slowing down the investigation and a proposed timetable for investigative progress. Basis for Withholding: (b)(5) (AWP). The document constitutes AWP because it was created in anticipation of litigation related to the investigation of Ensign. The document contains factual information that was compiled by DOJ Attorney(s) during the investigation and possible criminal prosecution of Ensign and its release would reveal the mental impressions and legal strategies of the DOJ attorney(s) involved in the case. For example, the document summarizes the investigative strategy; what needs to be accomplished; major investigative steps; issues where supervisory guidance is needed; issues slowing down the investigation and a proposed timetable for investigative progress, and revelation of that information would improperly disclose the


X

158



FOIA Exemption

WIF RIP

DOJ attorneys’ legal strategy. Basis for Withholding: (b)(6) and (b)(7)(C). The document is being withheld in part to protect the personal privacy interests of lower-level DOJ employee(s) and private third party individual(s). Revealing the names and personal information of DOJ employee(s) and private third party individual(s), who maintain strong privacy interests, would not be justified by any ascertainable public interest. [3-pages]





Weekly Meeting Progress Report Subject: The document is a progress report created for the Ensign investigation. Description: The document is consistent with something drafted and created by a DOJ attorney and summarizes the investigative strategy; what needs to be accomplished; major investigative steps; issues where supervisory guidance is needed; issues slowing down the investigation and a proposed timetable for investigative progress. Basis for Withholding: (b)(5) (AWP). The document constitutes AWP because it was created in anticipation of litigation related to the investigation of Ensign. The document contains factual information that was compiled by DOJ attorney(s) during the investigation and possible criminal prosecution of Ensign and its release would reveal the mental impressions and legal strategies of the DOJ attorney(s) involved in the case. For example, the document summarizes the investigative strategy; what needs to be accomplished; major investigative steps; issues where supervisory guidance is needed; issues slowing down the investigation and a proposed timetable for investigative progress, and revelation of that information would improperly disclose the DOJ attorneys’ legal strategy. Basis for Withholding: (b)(6) and (b)(7)(C). The document is being withheld in part to protect the personal privacy interests of lower-level DOJ employee(s) and private third party individual(s). Revealing the names and personal information of DOJ employee(s) and private third party


X

159



FOIA Exemption

WIF RIP

individual(s), who maintain strong privacy interests, would not be justified by any ascertainable public interest. [3-pages]




week of August 2, 2010

Weekly Meeting Progress Report Subject: The document is a progress report created for the Ensign investigation. Description: The document is consistent with something drafted and created by a DOJ attorney and summarizes the investigative strategy; what needs to be accomplished; major investigative steps; issues where supervisory guidance is needed; issues slowing down the investigation and a proposed timetable for investigative progress. Basis for Withholding: (b)(5) (AWP). The document constitutes AWP because it was created in anticipation of litigation related to the investigation of Ensign. The document contains factual information that was compiled by DOJ attorney(s) during the investigation and possible criminal prosecution of Ensign and its release would reveal the mental impressions and legal strategies of the DOJ attorney(s) involved in the case. For example, the document summarizes the investigative strategy; what needs to be accomplished; major investigative steps; issues where supervisory guidance is needed; issues slowing down the investigation and a proposed timetable for investigative progress, and revelation of that information would improperly disclose the DOJ attorneys’ legal strategy. Basis for Withholding: (b)(6) and (b)(7)(C). The document is being withheld in part to protect the personal privacy interests of lower-level DOJ employee(s) and private third party individual(s). Revealing the names and personal information of DOJ employee(s) and private third party individual(s), who maintain strong privacy interests, would not be justified by any ascertainable public interest. [3-pages]


X




week of August 9, 2010

Weekly Meeting Progress Report Subject: The document is a progress report created for the Ensign investigation.

(b)(5) (AWP) The name(s) and personal

X

160



FOIA Exemption

WIF RIP

Description: The document is consistent with something drafted or created by a DOJ attorney and summarizes the investigative strategy; what needs to be accomplished; major investigative steps; issues where supervisory guidance is needed; issues slowing down the investigation and a proposed timetable for investigative progress. Basis for Withholding: (b)(5) (AWP). The document constitutes AWP because it was created in anticipation of litigation related to the investigation of Ensign. The document contains factual information that was compiled by DOJ attorney(s) during the investigation and possible criminal prosecution of Ensign and its release would reveal the mental impressions and legal strategies of the DOJ attorney(s) involved in the case. For example, the document summarizes the investigative strategy; what needs to be accomplished; major investigative steps; issues where supervisory guidance is needed; issues slowing down the investigation and a proposed timetable for investigative progress, and revelation of that information would improperly disclose the DOJ attorneys’ legal strategy. Basis for Withholding: (b)(6) and (b)(7)(C). The document is being withheld in part to protect the personal privacy interests of lower-level DOJ employee(s) and private third party individual(s). Revealing the names and personal information of DOJ employee(s) and private third party individual(s), who maintain strong privacy interests, would not be justified by any ascertainable public interest. [3-pages]

information of lower-level DOJ employee(s) and private third party individual(s) have been redacted under (b)(6) & (b)(7)(C)




week of September 7, 2010

Weekly Meeting Progress Report Subject: The document is a progress report created for the Ensign investigation. Description: The document is consistent with something drafted or created by a DOJ attorney and summarizes the investigative strategy; what needs to be accomplished; major investigative steps; issues where supervisory guidance is needed; issues slowing down the investigation and a proposed timetable for

(b)(5) (AWP) The name(s) and personal information of lower-level DOJ employee(s) and private third party individual(s) have been redacted under (b)(6)

X

161



FOIA Exemption

WIF RIP

investigative progress. Basis for Withholding: (b)(5) (AWP). The document constitutes AWP because it was created in anticipation of litigation related to the investigation of Ensign. The document contains factual information that was compiled by DOJ attorney(s) during the investigation and possible criminal prosecution of Ensign and its release would reveal the mental impressions and legal strategies of the DOJ attorney(s) involved in the case. For example, the document summarizes the investigative strategy; what needs to be accomplished; major investigative steps; issues where supervisory guidance is needed; issues slowing down the investigation and a proposed timetable for investigative progress, and revelation of that information would improperly disclose the DOJ attorneys’ legal strategy. Basis for Withholding: (b)(6) and (b)(7)(C). The document is being withheld in part to protect the personal privacy interests of lower-level DOJ employee(s) and private third party individual(s). Revealing the names and personal information of DOJ employee(s) and private third party individual(s), who maintain strong privacy interests, would not be justified by any ascertainable public interest. [2-pages]

& (b)(7)(C)





Weekly Meeting Progress Report Subject: The document is a progress report created for the Ensign investigation. Description: The document is consistent with something drafted or created by a DOJ attorney and summarizes the investigative strategy; what needs to be accomplished; major investigative steps; issues where supervisory guidance is needed; issues slowing down the investigation and a proposed timetable for investigative progress. Basis for Withholding: (b)(5) (AWP). The document constitutes AWP because it was created in anticipation of litigation related to the investigation of Ensign. The document contains factual information that was compiled by DOJ attorney(s) during the investigation and


X

162



FOIA Exemption

WIF RIP

possible criminal prosecution of Ensign and its release would reveal the mental impressions and legal strategies of the DOJ attorney(s) involved in the case. For example, the document summarizes the investigative strategy; what needs to be accomplished; major investigative steps; issues where supervisory guidance is needed; issues slowing down the investigation and a proposed timetable for investigative progress, and revelation of that information would improperly disclose the DOJ attorneys’ legal strategy. Basis for Withholding: (b)(6) and (b)(7)(C). The document is being withheld in part to protect the personal privacy interests of lower-level DOJ employee(s) and private third party individual(s). Revealing the names and personal information of DOJ employee(s) and private third party individual(s), who maintain strong privacy interests, would not be justified by any ascertainable public interest. [3-pages]


[ ], PIN Trial Attorney


Friday, October 29, 2010

Stars and Stripes [-] 39 Facts Linked To Object: [ ] Subject: The document is an (email) date/time, fact text and source text tool. Description: The document is consistent with something drafted or created by a DOJ attorney and summarizes the case evidence which was obtained pursuant to grand jury subpoena(s). The document contains numerous references to Ensign. Basis for Withholding: (b)(3) (Grand Jury Material). Basis for Withholding: (b)(5) (AWP). The document constitutes AWP because it was created in anticipation of litigation related to the investigation of Ensign. The document contains factual information that was compiled by DOJ attorney(s) during the investigation and possible criminal prosecution of Ensign and its release would reveal the mental impressions and legal strategies of the DOJ attorney(s) involved in the case. For example, the document summarizes the investigative strategy; what needs to be accomplished; major investigative steps; issues where supervisory guidance is needed; issues

(b)(3)(Grand Jury Material); (b)(5) (AWP) The name(s) and personal information of lower-level DOJ employee(s) and private third party individual(s) have been redacted under (b)(6) & (b)(7)(C)

X

163



FOIA Exemption

WIF RIP

slowing down the investigation and a proposed timetable for investigative progress, and revelation of that information would improperly disclose the DOJ attorneys’ legal strategy. Basis for Withholding: (b)(6) and (b)(7)(C). The document is being withheld in part to protect the personal privacy interests of lower-level DOJ employee(s) and private third party individual(s). Revealing the names and personal information of DOJ employee(s) and private third party individual(s), who maintain strong privacy interests, would not be justified by any ascertainable public interest. Each page of the document is marked at the bottom: “Confidential Attorney Work Product. Do Not Reproduce.” [8-pages]



Jack Smith, PIN Section Chief; Raymond Hulser, PIN Principal Deputy Atty. for Litigation; [ ], PIN Deputy Chief; [ ], [ ], [ ], (AUSADC)

December 22, 2010

PROSECUTION MEMORANDUM Subject: “Memorandum Recommending Prosecution as to [ ] and [ ], Declination as to John Ensign.” Description: The document is a pros memo setting forth the detailed reasoning behind DOJ’s decision recommending the prosecution/indictment of [ ] and [ ], and declining the prosecution of John Ensign. Basis for Withholding: (b)(3) (Grand Jury Material). Basis for Withholding: (b)(5) (AWP). The document constitutes AWP because it was created in anticipation of supervisory approval by DOJ managers of a recommendation to indict several individuals, as well as the approval by PIN managers to approve the prosecution of [ ] and [ ], and declining the prosecution of Ensign. The document contains legal theories and factual information that was compiled by PIN attorney(s) and an AUSA during the investigation and possible criminal prosecution of Ensign and others and its release would reveal the mental impressions and legal strategies of the DOJ attorney(s) involved in the case. For example, the document contains a list of the statutes and details the evidence that may be used in any possible criminal prosecution, and revelation of that information would improperly disclose the


X

164



FOIA Exemption

WIF RIP

DOJ attorneys’ legal strategy. Basis for Withholding: (b)(5) (DPP). The information contained in this document is deliberative because it includes pre-decisional material that was compiled to assist DOJ policy-makers in reaching a decision as to whether or not to prosecute Ensign and others, because it reflects the give-and-take process by which the government reached that decision. The pros memo, for example, includes factual information and subjective analysis, in the form of the primary justifications for indictment of [ ] and [ ], and the non-prosecution of Ensign. Disclosure of this deliberative material could likely chill the open sharing of thoughts and impressions of ongoing criminal prosecutions. Basis for Withholding: (b)( 6) and (b)(7)(C). The document has also been withheld in full to protect the personal privacy interests of lower-level DOJ employee(s) and private third party individual(s). Revealing the names and personal information of DOJ employee(s) and private third party individual(s), who maintain strong privacy interests, would not be justified by any ascertainable public interest. Page one of the SUPPLEMENTAL PROSECUTION MEMORANDUM contains a banner reading: “CONFIDENTIAL [–] ATTORNEY WORK PRODUCT [–] CONTAINS 6(e) MATERIAL” [54-pages]


[ ], [ ], PIN Trial Atty.(s); [ ], [ ], (AUSADC)

Jack Smith, PIN Section Chief; Raymond Hulser, PIN Principal Deputy Atty. for Litigation; [ ], PIN Deputy Chief; [ ], (AUSADC)

December 23, 2010

PROSECUTION MEMORANDUM Subject: “Memorandum Recommending Prosecution as to [ ] and [ ], Declination as to John Ensign.” Description: The document is a pros memo setting forth the detailed reasoning behind DOJ’s decision recommending the prosecution/indictment of [ ] and [ ], and declining the prosecution of John Ensign. Basis for Withholding: (b)(3) (Grand Jury Material). Basis for Withholding: (b)(5) (AWP). The document constitutes AWP because it was created in anticipation of

(b)(3) (Grand Jury Material); (b) (5) (AWP) and (b)(5) (DPP) The name(s) and personal information of lower-level DOJ employee(s) and private third party individual(s) have been redacted under (b)(6)

X

165



FOIA Exemption

WIF RIP

supervisory approval by DOJ managers of a recommendation to indict several individuals, as well as the approval by PIN managers to approve the prosecution of [ ] and [ ], and declining the prosecution of Ensign. The document contains legal theories and factual information that was compiled by PIN attorney(s) and an AUSA during the investigation and possible criminal prosecution of Ensign and others and its release would reveal the mental impressions and legal strategies of the DOJ attorney(s) involved in the case. For example, the document contains a list of the statutes and details the evidence that may be used in any possible criminal prosecution, and revelation of that information would improperly disclose the DOJ attorneys’ legal strategy. Basis for Withholding: (b)(5) (DPP). The information contained in this document is deliberative because it includes pre-decisional material that was compiled to assist DOJ policy-makers in reaching a decision as to whether or not to prosecute Ensign and others, because it reflects the give-and-take process by which the government reached that decision. The pros memo, for example, includes factual information and subjective analysis, in the form of the primary justifications for indictment of [ ] and [ ], and the non-prosecution of Ensign. Disclosure of this deliberative material could likely chill the open sharing of thoughts and impressions of ongoing criminal prosecutions. Basis for Withholding: (b)( 6) and (b)(7)(C). The document has also been withheld in full to protect the personal privacy interests of lower-level DOJ employee(s) and private third party individual(s). Revealing the names and personal information of DOJ employee(s) and private third party individual(s), who maintain strong privacy interests, would not be justified by any ascertainable public interest. Page one of the SUPPLEMENTAL PROSECUTION MEMORANDUM contains a banner reading: “CONFIDENTIAL [–]

and (b)(7)(C)

166



FOIA Exemption

WIF RIP

ATTORNEY WORK PRODUCT [–] CONTAINS 6(e) MATERIAL” [50-pages]



Jack Smith, PIN Section Chief; Raymond Hulser, PIN Principal Deputy Atty. for Litigation; [ ], PIN Deputy Chief; [ ], [ ], [ ], (AUSADC)

January 7, 2011 REVISED PROSECUTION MEMORANDUM Subject: “Revised Memorandum Recommending Prosecution as to [ ] and [ ], Declination as to John Ensign.” Description: The document is a pros memo setting forth the detailed reasoning behind DOJ’s decision recommending the prosecution/indictment of [ ] and [ ], and declining the prosecution of John Ensign. Basis for Withholding: (b)(3) (Grand Jury Material). Basis for Withholding: (b)(5) (AWP). The document constitutes AWP because it was created in anticipation of supervisory approval by DOJ managers of a recommendation to indict several individuals, as well as the approval by PIN managers to approve the prosecution of [ ] and [ ], and declining the prosecution of Ensign. The document contains legal theories and factual information that was compiled by PIN attorney(s) and an AUSA during the investigation and possible criminal prosecution of Ensign and others and its release would reveal the mental impressions and legal strategies of the DOJ attorney(s) involved in the case. For example, the document contains a list of the statutes and details the evidence that may be used in any possible criminal prosecution, and revelation of that information would improperly disclose the DOJ attorneys’ legal strategy. Basis for Withholding: (b)(5) (DPP). The information contained in this document is deliberative because it includes pre-decisional material that was compiled to assist DOJ policy-makers in reaching a decision as to whether or not to prosecute Ensign and others, because it reflects the give-and-take process by which the government reached that decision. The pros memo, for example, includes factual information and subjective analysis, in the form of the primary justifications for indictment of [ ] and [ ], and the non-prosecution of Ensign. Disclosure of this deliberative


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material could likely chill the open sharing of thoughts and impressions of ongoing criminal prosecutions. Basis for Withholding: (b)( 6) and (b)(7)(C). The document has also been withheld in full to protect the personal privacy interests of lower-level DOJ employee(s) and private third party individual(s). Revealing the names and personal information of DOJ employee(s) and private third party individual(s), who maintain strong privacy interests, would not be justified by any ascertainable public interest. Page one of the SUPPLEMENTAL PROSECUTION MEMORANDUM contains a banner reading: “CONFIDENTIAL [–] ATTORNEY WORK PRODUCT [–] CONTAINS 6(e) MATERIAL” [57-pages]

CRM 262 (A), (B), (C), (D), (E), (F), (G), (H) and (I) [EOUSA referral to CRM] [email sweep] [Clearwell]; [pages 1573-1588 of 7508] (16-pages) [email sweep] [Clearwell]; [pages 1591-1606 of 7508] (16-pages) [email sweep] [Clearwell]; [pages 1626-1643 of 7508] (18-pages) [email sweep] [Clearwell]; [pages 1645-1662 of 7508] (18-pages) [email sweep] [Clearwell]; [pages 1664-1681 of 7508] (18-pages) [email sweep]



Undated [ ] Corroborating/Contradicting Sheet Subject: The document is a corroborating/contradictory evidence sheet, which was created for use during the Ensign investigation. Description: The document is consistent with something drafted and/or created by a DOJ attorney which references corroborating/contradictory evidence. Basis for Withholding: (b)(5) (AWP). The document constitutes AWP because it was created in anticipation of litigation related to the investigation of Ensign. The document contains factual information that was compiled by DOJ attorney(s) during the investigation and possible criminal prosecution of Ensign and its release would reveal the mental impressions and legal strategies of the DOJ attorney(s) involved in the case. For example, the document references corroborating and/or contradictory evidence pertaining to Ensign and others, and revelation of that information would improperly disclose the attorneys’ legal strategy. Basis for Withholding: (b)(6) and (b)(7)(C). The document is being withheld in part to protect the personal privacy interests of lower-level DOJ employee(s) and


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[Clearwell]; [pages 1784-1801 of 7508] (18-pages) [email sweep] [Clearwell]; [pages 1529-1543 of 7508] (15-pages) [email sweep] [Clearwell]; [pages 1546-1560 of 7508] (15-pages)

private third party individual(s). Revealing the names and personal information of DOJ employee(s) and private third party individual(s), who maintain strong privacy interests, would not be justified by any ascertainable public interest. [17-pages]


Unidentified DOJ attorney/ case agent

Undated AFFIDAVIT IS SUPPORT OF AN APPLICATION FOR A SEARCH WARRANT; ATTACHMENT A; ATTACHMENT B AND CERTIFICATE OF AUTHENTICITY OF DOMESTIC BUSINESS RECORDS PURSUANT TO FEDERAL RULE OF EVIDENCE 902(11) Subject: IN THE MATTER OF THE SEARCH OF INFORMATION ASSOCIATED WITH FREDSCHWARTZ72@ [ ].COM THAT IS STORE AT PREMISES CONTROLLED BY [ ] Description: The document is a draft/unsigned search warrant with attachments for one of Ensign’s email accounts. The document itself appears to be incomplete in format with many gaps in the text. Basis for Withholding: (b)(5) (AWP). The document constitutes AWP because it was created in anticipation of litigation and is based upon information obtained by DOJ attorney(s) and/or case agent(s) during the investigation and possible criminal prosecution of Ensign and others, and its release would reveal the mental impressions and legal strategies of the DOJ attorney(s) involved in the case. For example, the document contains references to information obtained during the course of a criminal investigation and which may be used in any possible criminal prosecution and revelation of that information would improperly disclose the DOJ attorneys’ legal strategy. Basis for Withholding: (b)(5) (DPP). The information contained in this document is

(b) (5) (AWP) and (b)(5) (DPP) The name(s) and personal information of lower-level DOJ employee(s) and private third party individual(s) have been redacted under (b)(6) and (b)(7)(C) Portions of CRM 263 are deemed non-responsive

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deliberative because it includes pre-decisional material that was compiled to assist DOJ policy-makers in reaching a decision as to whether or not to prosecute Ensign and others, because it reflects the give-and-take process by which the government reached that decision. The search warrant, for example, includes factual information and subjective analysis, in the form of the primary justification (probable cause) for searching of an Ensign email account. Disclosure of this deliberative material could likely chill the open sharing of thoughts and impressions of ongoing criminal prosecutions. Basis for Withholding: (b)( 6) and (b)(7)(C). The document has also been withheld in full to protect the personal privacy interests of lower-level DOJ employee(s) and private third party individual(s). Revealing the names and personal information of DOJ employee(s) and private third party individual(s), who maintain strong privacy interests, would not be justified by any ascertainable public interest. Page one of the SUPPLEMENTAL PROSECUTION MEMORANDUM contains a banner reading: “CONFIDENTIAL [–] ATTORNEY WORK PRODUCT [–] CONTAINS 6(e) MATERIAL” [16-pages]

CRM 264 (A), (B), (C), (D), (E), (F) and (G) [EOUSA referral to CRM]


Senator [ ]; Senator [ ]; Senator [ ]; Senator [ ]; Senator [ ]; Senator [ ]; Senator [ ]

June 22, 2010 LTR (drafts) Subject: “Re: Request for Documents” Basis for Withholding: (b)(6) and (b)(7)(C). The document is being withheld in part to protect the personal privacy interests of lower-level DOJ employee(s) and private third party individual(s). Revealing the names of DOJ employee(s) and private third party individual(s), who maintain strong privacy interests, would not be justified by any ascertainable public interest. [3-pages;2-pages; 3-pages; 3-pages; 3-pages; 3-pages]


X



Senator [ ]

June 22, 2010 LTR (draft) Subject: “Re: Request for Documents” Basis for Withholding: (b)(6) and (b)(7)(C). The document is being withheld in part to protect the personal privacy interests of

The name(s) and personal information of lower-level DOJ employee(s) and private

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lower-level DOJ employee(s) and private third party individual(s). Revealing the names of DOJ employee(s) and private third party individual(s), who maintain strong privacy interests, would not be justified by any ascertainable public interest. [2-pages]

third party individual(s), have been redacted under (b)(6) and (b)(7)(C)



Senator [ ]

June 22, 2010 LTR (draft) Subject: “Re: Request for Documents” Basis for Withholding: (b)(6) and (b)(7)(C). The document is being withheld in part to protect the personal privacy interests of lower-level DOJ employee(s) and private third party individual(s). Revealing the names of DOJ employee(s) and private third party individual(s), who maintain strong privacy interests, would not be justified by any ascertainable public interest. [2-pages]


X



Senator [ ]



X



Senator [ ]



X



Senator [ ]

June 22, 2010 LTR (draft) Subject: “Re: Request for Documents” Basis for Withholding: (b)(6) and (b)(7)(C). The document is being withheld in part to protect the personal privacy interests of lower-level DOJ employee(s) and private third party individual(s).

The name(s) and personal information of lower-level DOJ employee(s) and private third party individual(s),

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Revealing the names of DOJ employee(s) and private third party individual(s), who maintain strong privacy interests, would not be justified by any ascertainable public interest. [2-pages]




Senator [ ]



X



Senator [ ]



X

CRM 272 (A) and (B) [EOUSA referral to CRM]


Senator [ ]

June 23, 2010 LTR (draft) Subject: “Re: Request for Documents” Basis for Withholding: (b)(6) and (b)(7)(C). The document is being withheld in part to protect the personal privacy interests of lower-level DOJ employee(s) and private third party individual(s). Revealing the names of DOJ employee(s) and private third party individual(s), who maintain strong privacy interests, would not be justified by any ascertainable public interest. [2-pages] LTR (final) (signed) Subject: “Re: Request for Documents” Basis for Withholding: (b)(6) and (b)(7)(C). The document is being withheld in part to protect the personal privacy interests of lower-level DOJ employee(s) and private third party individual(s). Revealing the names of DOJ


X

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employee(s) and private third party individual(s), who maintain strong privacy interests, would not be justified by any ascertainable public interest. [2-pages]



Senator [ ]

June 23, 2010 LTR (draft) Subject: “Re: Request for Documents” Basis for Withholding: (b)(6) and (b)(7)(C). The document is being withheld in part to protect the personal privacy interests of lower-level DOJ employee(s) and private third party individual(s). Revealing the names of DOJ employee(s) and private third party individual(s), who maintain strong privacy interests, would not be justified by any ascertainable public interest. [3-pages] LTR (final) (signed) Subject: “Re: Request for Documents” Basis for Withholding: (b)(6) and (b)(7)(C). The document is being withheld in part to protect the personal privacy interests of lower-level DOJ employee(s) and private third party individual(s). Revealing the names of DOJ employee(s) and private third party individual(s), who maintain strong privacy interests, would not be justified by any ascertainable public interest. [2-pages]


X



Senator [ ]



X

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Senator [ ]



X



Senator [ ]



X

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Senator [ ]



X



Senator [ ]



X

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Senator [ ]



X



[ ], [ ] SSCE

Undated LTR (draft) (unsigned) Subject: DOJ draft response letter to SSCE re: letters dated February 24, 2011 and April 19, 2011. Basis for Withholding: (b)(5) (AWP). The document constitutes AWP because it was created in anticipation of litigation and is based upon information obtained by DOJ attorney(s) and/or case agent(s) during the investigation and possible criminal prosecution of Ensign and others, and its release would reveal the mental impressions and legal strategies of the DOJ attorney(s) involved in the case. For example, the document contains references to information obtained during the course of a criminal investigation and which may be used in any possible criminal prosecution and revelation of that information would improperly disclose the DOJ attorneys’ legal strategy. Basis for Withholding: (b)(6) and (b)(7)(C). The document is being withheld in part to protect the personal privacy interests of lower-level DOJ employee(s) and private third party individual(s). Revealing the names of DOJ employee(s) and private third party individual(s), who maintain strong privacy interests, would not be justified by any ascertainable public interest. [2-pages]

(b)(5) (AWP) The name(s) and personal information of lower-level DOJ employee(s) and private third party individual(s), have been redacted under (b)(6) and (b)(7)(C)

X


[ ], [ ], SSCE Jack Smith, PIN Section Chief

April 19, 2011 LTR Subject: The letter relates to a DOJ request that the SSCE defer immunization of a witness. Basis for Withholding: (b)(6)

The name(s) and personal information of private third party

X

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and (b)(7)(C). The document is being withheld in part to protect the personal privacy interests of private third party individual(s). Revealing the names and personal information of private third party individual(s), who maintain strong privacy interests, would not be justified by any ascertainable public interest. [2-pages]

individual(s) have been redacted under (b)(6) and (b)(7)(C)


[ ], SSCE [ ] PIN Trial Atty.

April 8, 2011 LTR and Attachment Subject: The letter responds to a DOJ inquiry re: authority of DOJ to produce to a defendant records that were produced to DOJ from various Senate offices. The attachment is a part of the Congressional Record – Senate, dated April 7, 2011 and is releasable in full. Basis for Withholding: (b)(6) and (b)(7)(C). The document is being withheld in part to protect the personal privacy interests of private third party individual(s). Revealing the names and personal information of private third party individual(s), who maintain strong privacy interests, would not be justified by any ascertainable public interest. [2-pages]


X



Honorable Barbara Boxer, Chairman and Honorable Johnny Isakson, Vice Chairman

May 28, 2010 LTR Subject: “Re: Senator John Ensign’s Responses to the Committee’s Third Supplemental Request for Information.” The document also references the enclosure of the Affidavit of Senator John Ensign. Basis for Withholding: (b)(6) and (b)(7)(C). The document is being withheld in part to protect the personal privacy interests of private third party individual(s). Revealing the names and personal information of private third party individual(s), who maintain strong privacy interests, would not be justified by any ascertainable public interest. [(LTR) 1-page;(AFFIDAVIT OF JOHN ENSIGN) 3-pages, see also CRM 284 below]


X


May 27, 2010 AFFIDAVIT OF JOHN ENSIGN Subject: Affidavit of Ensign in response to questions from the SSCE posed by letter dated May 21, 2010. Basis for Withholding: (b)(6) and (b)(7)(C). The document is being withheld in part to protect the personal privacy interests of private third party individual(s).


X

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Revealing the names and personal information of private third party individual(s), who maintain strong privacy interests, would not be justified by any ascertainable public interest. [3-pages]


April 30, 2010 Computer Forensic Technical Report; Case: 20100105-001 Subject: Prepared by the Information Technology Security Branch, Office of the Assistant Sergeant at Arms and Chief Information Officer. The document contains multiple references to Ensign. Basis for Withholding: (b)(6) and (b)(7)(C). The document is being withheld in part to protect the personal privacy interests of private third party individual(s). Revealing the names and personal information of private third party individual(s), who maintain strong privacy interests, would not be justified by any ascertainable public interest. [9-pages]


X


January 25, 2010 Computer Forensic Technical Report ; Case: 20100105-001 Subject: Prepared by the Information Technology Security Branch, Office of the Assistant Sergeant at Arms and Chief Information Officer. The document contains multiple references to Ensign. Basis for Withholding: (b)(6) and (b)(7)(C). The document is being withheld in part to protect the personal privacy interests of private third party individual(s). Revealing the names and personal information of private third party individual(s), who maintain strong privacy interests, would not be justified by any ascertainable public interest. [9-pages]


X

CRM 287 [EOUSA referral to CRM] See also: CRM 70 [PIN Banker’s Box No. 4] [EOUSA referral to CRM]

[ ], SSCE Raymond Hulser, PIN Principle Deputy for Litigation; Jack Smith, PIN Section Chief

May 24, 2011 LTR and Attachment [Inventory of the Ensign Investigative materials] Subject: The letter is SSCE response to DOJ‘s request for a complete inventory of all SSCE investigative materials concerning Ensign. Description: This is an SSCE created document which consists of a list of depositions, memoranda of interviews, document binders and [ ] taint files. asis for Withholding: (b)(6) and (b)(7)(C). The document is being withheld in part to protect the


X

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personal privacy interests of private third party individual(s). Revealing the names and personal information of private third party individual(s), who maintain strong privacy interests, would not be justified by any ascertainable public interest. [1-page; 3-pages]



October 18, 2010; October 18, 2010

DRAFT MEMORANDUM Subject: “[ ] Potential Liability as an Aider and Abettor or Co-conspirator.” Basis for Withholding: (b)(5) (AWP). The document constitutes AWP because it was created in anticipation of litigation and is based upon information obtained by DOJ attorney(s) and/or case agent(s) during the investigation and possible criminal prosecution of Ensign and others, and its release would reveal the mental impressions and legal strategies of the DOJ attorney(s) involved in the case. For example, the document contains references to information obtained during the course of a criminal investigation and which may be used in any possible criminal prosecution and revelation of that information would improperly disclose the DOJ attorneys’ legal strategy. Basis for Withholding: (b)(5) (DPP). The information contained in this document is deliberative because it includes pre-decisional material that was compiled to assist DOJ policy-makers in reaching a decision as to whether or not to prosecute Ensign and others, because it reflects the give-and-take process by which the government reached that decision. The draft memorandum, for example, includes factual information and subjective legal analysis, regarding the criminal liability of an subject related to the Ensign investigation. Disclosure of this deliberative material could likely chill the open sharing of thoughts and impressions of ongoing criminal prosecutions. Basis for Withholding: (b)( 6) and (b)(7)(C). The document has also been withheld in full to protect the personal privacy interests of lower-level DOJ employee(s) and private third party individual(s). Revealing the names and personal information of DOJ employee(s) and private

(b) (5) (AWP) and (b)(5) (DPP) The name(s) and personal information of lower-level DOJ employee(s) and private third party individual(s) have been redacted under (b)(6) and (b)(7)(C) Portions of CRM 288 are deemed non-responsive

X

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third party individual(s), who maintain strong privacy interests, would not be justified by any ascertainable public interest. [10-pages] DRAFT MEMORANDUM Subject: “[ ] Potential Liability as an Aider and Abettor or Co-conspirator.” Basis for Withholding: (b)(5) (AWP). The document constitutes AWP because it was created in anticipation of litigation and is based upon information obtained by DOJ attorney(s) and/or case agent(s) during the investigation and possible criminal prosecution of Ensign and others, and its release would reveal the mental impressions and legal strategies of the DOJ attorney(s) involved in the case. For example, the document contains references to information obtained during the course of a criminal investigation and which may be used in any possible criminal prosecution and revelation of that information would improperly disclose the DOJ attorneys’ legal strategy. Basis for Withholding: (b)(5) (DPP). The information contained in this document is deliberative because it includes pre-decisional material that was compiled to assist DOJ policy-makers in reaching a decision as to whether or not to prosecute Ensign and others, because it reflects the give-and-take process by which the government reached that decision. The draft memorandum, for example, includes factual information and subjective legal analysis, regarding the criminal liability of an subject related to the Ensign investigation. Disclosure of this deliberative material could likely chill the open sharing of thoughts and impressions of ongoing criminal prosecutions. Basis for Withholding: (b)( 6) and (b)(7)(C). The document has also been withheld in full to protect the personal privacy interests of lower-level DOJ employee(s) and private third party individual(s). Revealing the names and personal information of DOJ employee(s) and private third party individual(s), who maintain strong privacy interests, would not be justified by any

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Undated [ ] Outline Subject: The document consists of an outline of questions or topics to be covered with a witness. The document appears to have been created for use during a proffer session with a subject/witness during the Ensign investigation. Basis for Withholding: (b)(5) (AWP). The document constitutes AWP because it was created in anticipation of litigation and is based upon information obtained by DOJ attorney(s) and/or case agent(s) during the investigation and possible criminal prosecution of Ensign and others, and its release would reveal the mental impressions and legal strategies of the DOJ attorney(s) involved in the case. For example, the document contains references to information obtained during the course of a criminal investigation and which may be used in any possible criminal prosecution and revelation of that information would improperly disclose the DOJ attorneys’ legal strategy. Basis for Withholding: (b)( 6) and (b)(7)(C). The document has also been withheld in full to protect the personal privacy interests of private third party individual(s). Revealing the names and personal information of private third party individual(s), who maintain strong privacy interests, would not be justified by any ascertainable public interest. [18-pages] [ ] Outline Subject: The document consists of an outline of questions or topics to be covered with a witness. The document appears to have been created for use during a proffer session with a subject/witness during the Ensign investigation. Basis for Withholding: (b)(5) (AWP). The document constitutes AWP because it was created in anticipation of litigation and is based upon information obtained by DOJ attorney(s) and/or case agent(s) during the investigation and possible criminal prosecution of Ensign and others, and its release would

(b) (5) (AWP) The name(s) and personal information of private third party individual(s) have been redacted under (b)(6) and (b)(7)(C)

X

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reveal the mental impressions and legal strategies of the DOJ attorney(s) involved in the case. For example, the document contains references to information obtained during the course of a criminal investigation and which may be used in any possible criminal prosecution and revelation of that information would improperly disclose the DOJ attorneys’ legal strategy. Basis for Withholding: (b)( 6) and (b)(7)(C). The document has also been withheld in full to protect the personal privacy interests of private third party individual(s). Revealing the names and personal information of private third party individual(s), who maintain strong privacy interests, would not be justified by any ascertainable public interest. [25-pages]


[ ] (CRM) attorney

Lanny Breuer, AAG; Paul O’Brien, Director, OEO

June 17, 2011 MEMORANDUM Subject: The document is a memo involving a witness immunity request. Basis for Withholding: (b)(5) (AWP). The document constitutes AWP because it was created in anticipation of litigation and is based upon information obtained by DOJ attorney(s) and/or case agent(s) during the investigation and possible criminal prosecution of Ensign and others, and its release would reveal the mental impressions and legal strategies of the DOJ attorney(s) involved in the case. For example, the document contains references to information obtained during the course of a criminal investigation and which may be used in any possible criminal prosecution and revelation of that information would improperly disclose the DOJ attorneys’ legal strategy. Basis for Withholding: (b)(5) (DPP). The information contained in this document is deliberative because it includes pre-decisional material that was compiled to assist DOJ policy-makers in reaching a decision as to whether or not to prosecute Ensign and others, because it reflects the give-and-take process by which the government reached that decision. The memorandum, for example, includes factual information and subjective legal analysis, regarding the criminal

(b) (5) (AWP) and (b)(5) (DPP) The name(s) and personal information of private third party individual(s) have been redacted under (b)(6) and (b)(7)(C)

X

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liability of an subject related to the Ensign investigation. Disclosure of this deliberative material could likely chill the open sharing of thoughts and impressions of ongoing criminal prosecutions. Basis for Withholding: (b)( 6) and (b)(7)(C). The document has also been withheld in full to protect the personal privacy interests of private third party individual(s). Revealing the names and personal information of private third party individual(s), who maintain strong privacy interests, would not be justified by any ascertainable public interest. [3-pages]


[ ], SSCE [ ], PIN Trial Attorney

July 16, 2010 LTR and Attachments Subject: The document is a letter and attachments written on behalf of [ ], a U.S. Senator to [ ], PIN Trial Attorney in reference to request dated June 23, 2010, for certain records related to pending [Ensign] investigation. Basis for Withholding: (b)( 6) and (b)(7)(C). The document has also been withheld in full to protect the personal privacy interests of lower-level DOJ employee(s) and private third party individual(s). Revealing the names and personal information of DOJ employee(s) and private third party individual(s), who maintain strong privacy interests, would not be justified by any ascertainable public interest. [LTR, 1-page; Attachment, 10-pages]


X


[ ], SSCE [ ], PIN Trial Attorney

July 12, 2010 LTR and Attachments Subject: The document is a letter and attachments written on behalf of [ ], a U.S. Senator to [ ], PIN Trial Attorney in reference to request dated June 23, 2010, for certain records related to pending [Ensign] investigation. Basis for Withholding: (b)( 6) and (b)(7)(C). The document has also been withheld in full to protect the personal privacy interests of lower-level DOJ employee(s) and private third party individual(s). Revealing the names and personal information of DOJ employee(s) and private third party individual(s), who maintain strong privacy interests, would not be justified by any ascertainable public interest. [LTR, 1-page; Attachment, 14-pages]


X

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CRM 293 (A), (B), (C) and (D) [email sweep] [Clearwell]; [pages 1683-1731 of 7508] (49-pages) [email sweep] [Clearwell]; [pages 1734-1782 of 7508] (49-pages) [email sweep] [Clearwell]; [pages 1821-1869 of 7508] (49-pages) [email sweep] [Clearwell]; [pages 1872-1920 of 7508] (49-pages)



Undated Deposition Spreadsheets Subject: The document is a “spreadsheet” of witness testimony, persons who were deposed during the SSCE investigation. The document was drafted/ created by DOJ attorney(s) as a litigation tool to aid them in analyzing the prior testimony of each witness as it related to the Ensign investigation. Description: The document is consistent with a litigation tool drafted and/or created by a DOJ attorney(s), which references the deposition testimony of various witnesses involved in the Ensign investigation. Basis for Withholding: (b)(5) (AWP). The document constitutes AWP because it was created in anticipation of litigation related to the investigation of Ensign. The document contains factual information that was compiled and sorted by DOJ attorney(s) during the investigation and possible criminal prosecution of Ensign and its release would reveal the mental impressions and legal strategies of the DOJ attorney(s) involved in the case. For example, the document references the testimony of various witness(es), including both inculpatory and exculpatory evidence, which relates to Ensign and others, and revelation of that information would improperly disclose the DOJ attorneys’ legal strategy. Basis for Withholding: (b)(6) and (b)(7)(C). The document is being withheld in part to protect the personal privacy interests of private third party individual(s). Revealing the names and personal information of private third party individual(s), who maintain strong privacy interests, would not be justified by any ascertainable public interest. [49-pages]

(b)(5) (AWP) The name(s) and personal information of private third party individual(s) have been redacted under (b)(6) & (b)(7)(C)

X

CRM 294 [email sweep] [Clearwell]; [pages 1133-1134 of 7508] (2-pages)



Undated Deposition Spreadsheets Subject: The document is a “spreadsheet” of witness testimony, persons who were deposed during the SSCE investigation. The document was drafted/ created by DOJ attorney(s) as a litigation tool to aid them in analyzing the prior testimony of each witness as it related to the Ensign

(b)(5) (AWP) The name(s) and personal information of private third party individual(s) have been redacted

X

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investigation. Description: The document is consistent with a litigation tool drafted and/or created by a DOJ attorney(s), which references the deposition testimony of various witnesses involved in the Ensign investigation. Basis for Withholding: (b)(5) (AWP). The document constitutes AWP because it was created in anticipation of litigation related to the investigation of Ensign. The document contains factual information that was compiled and sorted by DOJ attorney(s) during the investigation and possible criminal prosecution of Ensign and its release would reveal the mental impressions and legal strategies of the DOJ attorney(s) involved in the case. For example, the document references the testimony of various witness(es), including both inculpatory and exculpatory evidence, which relates to Ensign and others, and revelation of that information would improperly disclose the DOJ attorneys’ legal strategy. Basis for Withholding: (b)(6) and (b)(7)(C). The document is being withheld in part to protect the personal privacy interests of private third party individual(s). Revealing the names and personal information of private third party individual(s), who maintain strong privacy interests, would not be justified by any ascertainable public interest. [2-pages]

under (b)(6) & (b)(7)(C)

CRM 295 [email sweep] [Clearwell]; [pages 1124-1126 of 7508] (3-pages) email sweep] [Clearwell]; [pages 1072-1074 of 7508] (3-pages)

[ ] PIN Trial Atty. Jack Smith, PIN Section Chief

[ ] PIN Trial Atty. [ ] PIN Trial Atty.; Raymond Hulser, PIN Principle Deputy Chief for Litigation; [ ] PIN Trial Atty.

June 06, 2011; June 02, 2011

Email Description: The document consists of two emails and the subject line: “FW: ENSIGN” and “ENSIGN.” The emails discuss a chronological framework for DOJ investigation of Ensign. Basis for Withholding: (b)(5) (AWP). The document constitutes AWP because it was created in anticipation of litigation related to the investigation of Ensign. The document contains factual information that was compiled and sorted by DOJ attorney(s) during the investigation and possible criminal prosecution of Ensign and its release would reveal the mental impressions and legal strategies of the DOJ attorney(s) involved in the case. For

(b)(5) (AWP) The name(s) and personal information of lower-level DOJ employee(s) and private third party individual(s), have been redacted under (b)(6) and (b)(7)(C)

X

185



FOIA Exemption

WIF RIP

example, the document references the review and information organization of the evidence, analysis of the evidence, answers and conclusions, and revelation of that information would improperly disclose the DOJ attorneys’ legal strategy. Basis for Withholding: (b)(6) and (b)(7)(C). The document is being withheld in part to protect the personal privacy interests of lower-level DOJ employee(s) and private third party individual(s). Revealing the names of DOJ employee(s) and private third party individual(s), who maintain strong privacy interests, would not be justified by any ascertainable public interest. [3-pages]

Responsive Document - CREW: DOJ: Regarding Criminal Investigation of John Ensign - CRM 2014 Vaughn...

Documents

Transcript of Responsive Document - CREW: DOJ: Regarding Criminal Investigation of John Ensign - CRM 2014 Vaughn...