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Judicial Watch • JW v. State Hillary Huma Mills letters 01363

JW v. State Hillary Huma Mills letters 01363

JW v. State Hillary Huma Mills letters 01363

Page 1: JW v. State Hillary Huma Mills letters 01363

Category:Clintons

Number of Pages:22

Date Created:August 6, 2015

Date Uploaded to the Library:August 06, 2015

Tags:Huma Abedin, Cheryl Mills, Hillary Clinton


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Case 1:13-cv-01363-EGS Document Filed 08/06/15 Page
UNITED STATES DISTRICT COURT
FOR THE DISTRICT COLUMBIA
JUDICIAL WATCH, INC.,
Plaintiff,
UNITED STATES DEPARTMENT
STATE,
Defendant.
Civil Action No. 13-CV-1363 (EGS)
DEFENDANT NOTICE FILING
Pursuant the Court July 31, 2015 Order, defendant the U.S. State Department
submits herewith the letters that sent former Secretary Clinton, Huma Abedin, and Cheryl
Mills regarding federal records their possession, and the responses those letters that
received (with home addresses and phone number redacted).
Case 1:13-cv-01363-EGS Document Filed 08/06/15 Page
Dated: August 2015
Respectfully submitted,
BENJAMIN MIZER
Principal Deputy Assistant Attorney General
MARCIA BERMAN
Assistant Director
/s/ Peter Wechsler
PETER WECHSLER (MA 550339)
Senior Counsel
United States Department Justice
Civil Division, Federal Programs Branch Massachusetts Avenue, N.W.
Washington, D.C. 20530
Tel.: (202) 514-2705
Fax: (202) 616-8470
Email: peter.wechsler@usdoj.gov
Counsel for Defendant
Case 1:13-cv-01363-EGS Document 18-1 Filed 08/06/15 Page DER CRETARY STATE
FOR MANAGEMENT HINGTON
tiOV
2014
Dea/ills:
The Department State has longstanding and continuing commitment
preserving the history U.S. diplomacy, established authorities under the
Federal Records Act 1950. writing you, the representative Secretary State Hillary Clinton, well representatives other former Secretaries
(principals), request your assistance further meeting this requ irement.
The Federal Records Act 1950, amended, U.S.C. chapters 29,
and 33, seeks ensure the preservation authoritative record official
correspondence, communications, and documentation. Last year, Bulletin 201303, the National Arch ives and Records Admi nistration (NARA) clarified records
management responsibilities regarding the use personal email accounts for
official government business. NARA recommended that agencies refer its
guidance when advising incoming and departing agency employees about their
records management responsibilities. This bulletin was followed additional
NARA guidance managing email issued September 15, 2014. See enclosed. recognize that some period ime has passed since your principal
served Secretary State and that the NARA guidance post-dates that service.
Nevertheless, bring the NARA guidance your attention order ensure
that the Departments records are complete possible. Accord ingly, ask
that should your principal his her authorized representative aware
become aware the future federal record, such email sent received personal email account whi serving Secretary State, that copy this
record made available the Department. this regard, please note that
diverse Depa1tment records are subject various disposition schedules, with most
Enclosures
Ms. Cheryl Mills,
Case 1:13-cv-01363-EGS Document 18-1 Filed 08/06/15 Page
-2-
Secretary State records retained permanently. ask that record provided the Department there reason believe that may not otherwise
preserved the Departments recordkeeping system.
The Department wiJling provide assistance you this effort. the
meantime, should you have any questions regarding this request, please not
hesitate contact William Fischer, A/GIS/IPSIRA, Agency Records Officer,
(202) 261-8369. greatly appreciate your consideration and assistance with this matter.
Sincerely,
~~nnedy
Case 1:13-cv-01363-EGS Document 18-1 Filed 08/06/15 Page
cdmiUsGroup
endeavors that moffer
VIA HAND DELI VERY
The Honorable Patrick Kennedy
Under Secretary State for Management
U.S. Department State
2201 Street, N.W.
Washington, 20520
December 2014
Dear Under Secretary Kennedy: writing response your request for assistance helping the
Department meet its requirements under the Federal Records Act.
Like Secretaries State before her, Secretary Clinton times used her
own electronic mail account when engaging with other officials.
matters pertaining the conduct government business, was her
practic~ use the officials government electronic mail accounts.
Accordingly, the extent the Department retains records government
electronic mail accounts, already has records her electronic mail
during her tenure preserved within the Departments recordkeeplng
systems.
Out abundance caution though and assist the Department, the
Secretarys electronic mail has been reviewed. Please find enclosed those
electronic mails believe respond your request. Given the volume
electronic mails being provided, please note these materials inevitably
include electronic mail that are not federal, and some cases are
personal, records which request handled accordingly.
Sincerely,
Cheryl Mills
Case 1:13-cv-01363-EGS Document 18-1 Filed 08/06/15 Page
UNDER SECRETARY STATE
FOR MANAGEMENT
WASHINGTON
MAR ?.015
Last week, the Department State received the attached subpoena from the
Select Committee Benghazi, requesting certain documents and
communications. writing request your assistance, the extent necessary, meeting the requirements this subpoena and properly preserving any potentia)
federal records that may your custody related your work any topic,
any time, official the Department State.
The Federal Records Act 1950, amended, U.S.C. chapters 29,
and 33, seeks ensure the preservation authoritative record official
correspondence, communications, and documentation. Bulletin 201303, the
National Archives and Records Administration (NARA) clarified ecords
management responsibilities regarding the use personal email accounts for
official government business. NARA recommended that agencies refer its
guidance when advising incoming and departing agency employees about their
records management responsibilities. This bulletin was followed additional
NARA guidance managing email issued September 15,2014. See attached. recognize that some all the NARA guidance may post-date your
service -at the Department. Nevertheless, bring the NARA guidance your
attention iri order ensure that the Depa1tments tecords and subpoena
compliance are complete possible. Accordingly, ask that should you
aware become aware the future federal record your possession, such email sent received personal email account.while serving your official
capacity the Department, that such record made available the Department. this regard, please note that diverse Department records are subject various
disposition schedules, with certain records retained permanently. ask that
record preserved and plOv.ided the Department.at your earliest convenience
there any reason believe that may not otherwise preserved the
Departments recordkeeping system.
Ms. Huma Abedin,
Case 1:13-cv-01363-EGS Document 18-1 Filed 08/06/15 Page
-2-
The Department willing provide assistance you this effort. the
meantime, should you have any questions regarding this request, please not
hesitate contact William Fischer, A/GIS/IPSIRA, Agency Records Officer,
(202) 261-8369. greatly appreciate your consideration and assistance with this matter
and ask that you respond writing March 18, 2015 whether you are aware any potential federal records that may your custody related your work any topic, any time, official the Department State. would also
greatly appreciate knowing.when you will able provide. any records the
Department.
Sincerely,
?~~~Patrick KeJIDedy
Attachments: (4) Subpoena USC 330 NARA Bulletin 2013-03 NARA Bulletin 2014-06
cc: William Fischer
Case 1:13-cv-01363-EGS Document 18-1 Filed 08/06/15 Page
UNDER SECRETARY STATE
FOR MANAGEMENT
WASHINGTON
MAR ?015
Last week, the Department State received the attached subpoena from the
Select Committee Benghazi, requesting certain documents and
communications. writing request your assistance, the extent necessary, meeting the requirements this subpoena and properly preserving any potential
federal records that may your custody related your work any topic,
any time, official the Department State.
The Federal Records Act 1950, amended, U.S.C. chapters 29,
and 33, seeks ensure the preservation authoritative record official
correspondence, communications, and docwnentation. Bulletin 2013-03, the
National Archives and Records Administration (NARA) clarified records
management responsibilities regarding the use personal email accounts for
official government business. NARA recommended that agencies refer its
guidance when advising incoming and departing agency employees about their
records management responsibilities. This bulletin was followed additional
NARA guidance ~ging email issued September 15, 2014. See attached. recognize that some all the NARA guidance may post-date your
service the Department Nevertheless, bring the NARA guidance your
attention order ensme that the Departments records and subpoena
compliance are complete possible. Accordingly, ask that should you
aware become aware the future federal record your possession, such email sent received personal email account while serving your official
capacity the Department, that such record made available the Department this reg~ please note that diverse Department records are subject various
disposition schedules, with certain records retained pennanently. ask that
Ms. Cheryl Mills,
c/o Ms. Beth Wilkinson,
Paul, Weiss, Rifkind, Wharton Garrett,
200lK Street NW,
Washington, 20006-1047.
Case 1:13-cv-01363-EGS Document 18-1 Filed 08/06/15 Page
-2-
record preserved and provided the Department your earliest convenience
there any reason believe that may not otherwise preserved the
Departments recordkeeping system.
The Department willing provide assistance you this effort. the
meantime, should you have any questions regarding this request, please not
hesitate contact William Fischer, A/GISIIPSIRA, Agency Records Officer,
(202) 261-8369. greatly appreciate your consideration and assistance with this matter
and ask that you respond writing March 18, 201 whether you are aware any potential federal records that may your custody related your work any topic, any time, official the Department State. would also
greatly appreciate knowing when you will able provide any records the
Department.
Sincerely,
Attachments: (4) Subpoena usc 3301 NARA Bulletin 2013-03 NARA Bulletin 2014-06
cc: William Fischer
Case 1:13-cv-01363-EGS Document 18-1 Filed 08/06/15 Page ..lOS A1 :-IUE AMERICA~ YORK. 1-:EW YORK 100 1!Hi0641
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March 16. 2015
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Patrick Kennedy
Under Sccrctnry for Management
United Stntcs Department ofStntc
220 Street NV
Washington, 20520
Dear Under Secretary Kcnm: responding your letter dated March 11, 2015. requesting the assisumcc client. Cheryl Mills. meeting the requirements the March 2015 subpoena
directed Secretary Kerry m1d preserving any potential federal records Ms. Millss
custody. would more than happy help you with this request. but write n:qu~t additional week confer with Ms. Mills. until March 25. 2015. hearing
this week New York and Ms. Mills out the country.
Very truly yours.
/!tlr4JL-----
Beth Wilkinson
Case 1:13-cv-01363-EGS Document 18-1 Filed 08/06/15 Page
UNDER SECRETARY STATE
FOR MANAGEMENT WASHINGTON
MAR 2015
Dear Ms. Wtlkinson:
This acknowledge your letter dated March 16, 2015, behalf your
client, Ms. Cheryl Mills, which you requested extension March 25,2015, order meet the requirements the March 2015 subpoena directed
Secretary Kerry.
Your request hereby granted. look forward hearing from you
before March 25.
Sincerely, ~---
Patrick Kennedy
cc: William Fischer
Ms. Beth Willcinson,
Paul, Weiss, Rifkind, Wharton Garrett,
2001 Street NW,
Washington, 20006--1047.
Case 1:13-cv-01363-EGS Document 18-1 Filed 08/06/15 Page Z05 AVENUE Tfll: AMERICAS
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March 24. 2015
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Patrick Kennedy
Undcr Secretary for Management
United States Department ofStatc
2201 Street
Washington, 20520
Dcnr Under Secrcwry Kennedy:
Thank you for giving time respond your lcncr March 2015.
requesting the assistance our client. Cheryl Mills. meeting the requirements ofrhc larch subpoena directed Secretary Kerry and preserving any potential
federal records Ms. Mills custody. bclicn: that Ms. Mills may have documents
responsive your letter, and will work with her produce uny such documents you soon poSsible.
Very truly yours.
~tJM~
Beth Wilkinson
Case 1:13-cv-01363-EGS Document 18-1 Filed 08/06/15 Page
UNDER SECRETARY STAT
FOR MANAGI!MaNT
WASHINGTON
June
2015
Beth Wilkinson, Esq.
Paul, Weiss, Riftcind, Wharton Garrison LLP
2001 Street,
Washington, 20006
Dear Ms. WJikinson: writing reference March 11, 201S, letter your client, Ms. Mills, and
your subsequeot letter, dated March 24, indicating tbat she may have responsive documents and
that your fum WOuld work with her produce any such documents the Departmeut State. indicated March letter, the Department interested receiving any
poteutial federal record relating your clients work Department official that her
possession there any reason believe that may not otherwise preserved the
Departments recordkeeping system. particular, ask that you expedite production the
Department ofany such document that potentially responsive the subpoena from the Select
Committee Benghazi that was attached letta. The Departmeut committed
producing responsive documents the Committee quickly possible, but first must have
oppcntuoity review any such docmnents for information that may protected from disclosure
for privil~ privacy other reasons.
Please advise whether you have identified potentially responsive documents and whether
you expect able produce any such documents June 12. you cannot produce
documents that date, please advise when you expect able so.
Sincerely,
Case 1:13-cv-01363-EGS Document 18-1 Filed 08/06/15 Page
PAUL WEISS, RIFKI WHARTON GARRI SON LLP
200 STREET. L..t:PHONI:
WASHI NGTON, 2000(; 1047
(2.02) 2.2.3 7300
BETH WII.KINSON
1285 AVENUE THE AMERICAS I!WYORK 100 1006A.
TEI.EIHONE 12121 3?3 3000
FACSIM ILE 212., 7S7 3990
UNIT 360 FORTUN~ PLAZA OFFICE TOW!R OONG SANHUAN Z._.ONGLU
CHAO YANG DISTRICT
BEUING 10002.0
PEOPLES AEPU9..1C CHINA
TELEPHONE 1811 828 11300
TELEPHON
~AC81M Lit
EMAI
1202) 223 7340
1202) 204 7395
bwllktnsonOpaulwetss com
12TH ,.LOOR HONG I