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Judicial Watch • DOJs NBPP Vaughn Index

DOJs NBPP Vaughn Index

DOJs NBPP Vaughn Index

Page 1: DOJs NBPP Vaughn Index

Category:General

Number of Pages:27

Date Created:March 11, 2013

Date Uploaded to the Library:February 20, 2014

Tags:Hirsch, Chain, author, Coates, Acting, Appellate, steve, ROSENBAUM, Chris, Litigation, legal, Attorney, email, section, document, watch, DOJ, judicial, department, office, EPA, IRS, ICE, CIA


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Judicial Watch Department Justice 
Civ. Action No. 10-851 

Index CRT Withholdings Challenged Judicial Watch 
Grp. No.  Doc. No.  Document Type  Author/From  Date  Exemption  Description Withheld Information  Email chain  Steve Rosenbaum*  Chris Coates*  4/29/09  (b)(5)  Supervising Acting DAAGs review and email response the draft filings for the continuing NBPP litigation and his request for additional supporting video evidence from the Section Chief. The supporting video evidence relates specific defendants and the Acting DAAG wants make candid assessment the quality the evidence prior making recommendations merits, legal strategies, and proposed relief.  Email chain  Steve Rosenbaum*  Loretta King*  4/29/09  (b)(5)  Supervising Acting DAAGs detailed email response his supervising Acting AAG with his analysis the proposed draft filings for continuing NBPP litigation discussing the merits, legal strategies, legal issues, and proposed relief. Acting DAAG makes candid assessment legal research and has substantive questions the case law and breadth proposed relief and drafted anticipation the May filing date for the motion and memorandum for entry default judgment. This document also contains attorney discussion, opinions, and analyses the draft documents and case law and drafted anticipation filing the motion and memorandum for entry default judgment due May  Steve Rosenbaum*  Chris Coates*  4/29/09  Chris Coates*  Steve Rosenbaum*  4/28/09  Email Chain  Loretta King*  Steve Rosenbaum*  4/29/09  (b)(5)  Supervising Acting AAG emails with questions discuss with the Acting DAAG after her review the proposed draft filings continuing NBPP litigation discussing the merits, legal strategies, legal issues, and proposed relief.  Email Chain  Chris Coates*  Steve Rosenbaum* Christian Adams* Spencer Fisher*  4/29/09  (b)(5)  Section Chief emails the supervising Acting DAAG requesting prompt discussion respond the Acting DAAGs detailed questions and analysis the proposed draft filings for continuing NBPP litigation the merits, legal strategies and issues, constitutional issues, and proposed relief.  Email Chain  Chris Coates*  Steve Rosenbaum*  4/29/09  (b)(5)  Section Chief emails supervising Acting DAAG that VOT Section working responses the supervisors detailed analysis and questions regarding the draft filings for pending NBPP litigation the merits, legal strategies, legal issues, constitutional issues, and proposed relief. This includes discussion First Amendment issues and breadth underlying statutory enforcement authority between the Voting Section management and supervisors CRT Front Office.  

Judicial Watch Department Justice 
Civ. Action No. 10-851 

Index CRT Withholdings Challenged Judicial Watch 
Grp. No.  Doc. No.  Document Type  Author/From  Date  Exemption  Description Withheld Information  Email Chain  Steve Rosenbaum*  Chris Coates*  4/30/09  (b)(5)  Supervising Acting DAAG emails response Section Chief with his frank assessment the case law and opinion that additional research must conducted support the proposed legal strategies and theories. The Section Chief responds with summaries several different cases regarding different legal points previously raised. This document contains deliberations between the CRT Front Office and Voting Section Management.  Chris Coates*  Steve Rosenbaum*  4/30/09  Email  Steve  Sam Hirsch*  4/30/09  Email from Acting DAAG DASG with responsibility for CRT forwarding the Acting DAAGs  
Rosenbaum*  detailed response and analysis the proposed draft filings continuing NBPP litigation discussing  
the merits, legal strategies, and legal issues including constitutional issues. The documents were  
drafted anticipation filing the motion and memorandum for entry default judgment due May Acting DAAG makes candid assessment legal research and has substantive questions the case law and breadth proposed relief.  Email  Steve Rosenbaum*  Sam Hirsch*  4/30/09  (b)(5)  Email from Acting DAAG DASG with responsibility for CRT forwarding the Acting DAAGs detailed response and analysis the proposed draft filings continuing NBPP litigation discussing the merits, legal strategies, and legal issues including constitutional issues. Acting DAAG makes candid assessment legal research and has substantive questions the case law and breadth proposed relief.  

Judicial Watch Department Justice 
Civ. Action No. 10-851 

Index CRT Withholdings Challenged Judicial Watch 
Grp. No.  Doc. No.  Document Type  Author/From  Date  Exemption  Description Withheld Information  Sam Hirsch*  Steve Rosenbaum*  4/30/09  (b)(5)  DASG requested the Acting DAAGs personal contact information discuss the proposed draft documents for NBPP litigation. Emails between Acting DAAG and supervising DASG with responsibility for CRT discussing draft documents and legal strategy and merits NBPP litigation and providing his analyses and opinion the development different approaches under consideration.  Sam Hirsch*  Steve Rosenbaum*  4/30/09  Steve Rosenbaum*  Sam Hirsch*  4/30/09  Sam Hirsch*  Steve Rosenbaum*  4/30/09  Email Chain  Chris Coates*  Loretta King* Steve Rosenbaum*  5/4/09  (b)(5)  Emails from Voting Section Chief and Deputy their supervisors CRT Front Office Management with candid statements about earlier meeting discussing specific factual matters and clarify issues the draft memorandum law for the NBPP litigation. The email also provided additional information correct alleged inaccuracies.  Robert Popper*  Chris Coates*  5/4/09  Email Chain  Steve Rosenbaum*  Diana Flynn*  5/7/09  (b)(5)  Acting DAAG forwarding draft Memorandum Proposed Injunction Order for Appellate Sections review, legal assessment and recommendations the merits, legal strategies, and potential course actions proposed VOT Section the pending NBPP litigation. The memorandum discusses the quality evidence related each defendant well the breadth statutory authority for enforcement and the expansive relief that sought. This document predecisional, deliberative containing analyses and discussion exchanged between the VOT Section Management and attorneys, their supervising Acting DAAG the Office the Acting AAG.  

Judicial Watch Department Justice 
Civ. Action No. 10-851 

Index CRT Withholdings Challenged Judicial Watch 
Grp. No.  Doc. No.  Document Type  Author/From  Date  Exemption  Description Withheld Information  Email  Steve Rosenbaum*  Diana Flynn*  5/7/09  (b)(5)  Acting DAAG forwarding additional documents for CRT Appellate Sections review, including the Acting DAAGs analyses and opinion the development different approaches under consideration NBPP litigation. Email contains the Acting DAAGs candid assessment legal research with substantive questions the case law and breadth proposed relief. This document predecisional and contains deliberations between the CRT Front Office and the request for Appellate Sections internal legal opinions and recommendations the merits, legal strategies, constitutional issues, and potential course actions proposed VOT Section the pending NBPP litigation for documents finalized for filing May 15th.  Email Chain  Steve  Diana Flynn*  5/7/09  (b)(5)  Acting DAAG forwarding additional documents for CRT Appellate Sections review, including the  
Rosenbaum*  Acting DAAGs analyses and opinion the development different approaches under  
consideration NBPP litigation and VOT Sections responses. The Acting DAAG makes candid assessment legal research and has substantive questions the case law and breadth proposed relief. This document predecisional and contains deliberations between the CRT Front Office and  Steve Rosenbaum*  Chris Coates*  4/30/09  
VOT Section. The Acting DAAG requests Appellate Sections internal legal opinions and recommendations the merits, legal strategies, constitutional issues, potential course actions proposed VOT Section the pending NBPP litigation, and summary relevant case law.  Chris Coates*  Steve Rosenbaum*  4/29/09  Email  Steve Rosenbaum*  Diana Flynn*  5/7/09  (b)(5)  The Acting DAAG forwarding additional documents for CRT Appellate Sections review, including the Acting DAAGs analyses and opinion the development different approaches under consideration NBPP litigation and VOT Sections analysis and detailed responses the Acting DAAGs questions the merits, including assessment the case law and various legal strategies and options available. There also discussion relevant First Amendment issues and necessary scope proposed relief.  

Judicial Watch Department Justice 
Civ. Action No. 10-851 

Index CRT Withholdings Challenged Judicial Watch 
Grp. No.  Doc. No.  Document Type  Author/From  Date  Exemption  Description Withheld Information  Email Chain  Steve  Diana Flynn*  5/7/09  (b)(5)  The Acting DAAG forwarding revised draft pleadings from VOT Section for CRT Appellate  
Rosenbaum*  Sections review, legal opinions, and recommendations proposed changes the legal strategies,  
merits, constitutional issues, and proposed relief. These changes include narrowly tailored scope relief against particular defendants and various types requested relief. Further, the revisions include discussion legal research regarding limited injunction and First Amendment issues.  Chris Coates*  Loretta King*  5/1/09  Email  Steve  Diana Flynn*  5/7/09  (b)(5)  The Acting DAAG forwarding additional legal research from VOT Section for CRT Appellate  
Rosenbaum*  Sections review and recommendations including the development different approaches,  
potential course actions, and scope relief under consideration NBPP litigation. and  Email Chain  Steve Rosenbaum*  Diana Flynn*  5/7/09  (b)(5) and (b)(7)(  The Acting DAAG forwarding witness statements and information video evidence for CRT Appellate Sections review and recommendations supporting evidence NBPP litigation. This document predecisional and contains deliberations between the CRT Front Office and the request for Appellate Sections legal opinions and recommendations the merits, legal strategies, constitutional issues, and potential course actions proposed VOT Section the pending NBPP litigation and anticipated filing May 15th.  Robert Popper*  Chris Coates* Steve Rosenbaum*  4/30/09  

Judicial Watch Department Justice 
Civ. Action No. 10-851 

Index CRT Withholdings Challenged Judicial Watch 
Grp. No.  Doc. No.  Document Type  Author/From  Date  Exemption  Description Withheld Information  Email Chain  Steve  Loretta King*  5/7/09  (b)(5)  Acting DAAGs email the supervising Acting AAGs responding her questions merits and  
Rosenbaum*  clarification facts based his analysis evidence and time line. has additional questions  
about the supporting evidence and possible discrepancies. This document predecisional, deliberative containing analyses and discussions between the Acting AAG and the Acting DAAG CRT Front Office. also contains analyses and discussions among the Voting Section staff, and also between the Voting Section staff and staff access and viewing supporting factual evidence. The supporting video evidence relates specific defendants.  Loretta King*  Steve Rosenbaum*  5/7/09  Steve Rosenbaum*  Loretta King*  5/7/09 Staff  Christian Adams*  5/7/09  
Spencer Fisher*  
Robert  
Popper* Staff  
Chris Coates*  
Steve  
Rosenbaum*  Spencer Fisher* Staff  5/7/09  Robert Popper*  Christian Adams*  5/7/09  
Spencer Fisher*  

Judicial Watch Department Justice 
Civ. Action No. 10-851 

Index CRT Withholdings Challenged Judicial Watch 
Grp. No.  Doc. No.  Document Type  Author/From  Date  Exemption  Description Withheld Information  Steve Rosenbaum*  Robert Popper*  5/7/09  Robert Popper*  Chris Coates* Steve Rosenbaum*  4/30/09  Email Chain  Steve Rosenbaum*  Loretta King*  5/7/09  (b)(5)  The Acting DAAG emails supervising Acting AAG forwarding his inquiry VOT Section Chief discussing the evidence and time line, requesting clarification facts, and asking questions the merits and underlying evidence and requesting additional information. This document predecisional, deliberative containing analyses and discussions between VOT Section management and the supervising Acting AAG and acting DAAG CRT Front Office.  Steve Rosenbaum*  Chris Coates*  5/7/09  Email Chain  Steve Rosenbaum*  Chris Coates*  5/8/09  (b)(5)  Supervising Acting DAAG VOT Section Chief requesting further research legal issues and clarification facts and timeline and suggesting other avenues research.  Chris Coates*  Steve Rosenbaum*  5/8/09  Email  Chris Coates*  Steve Rosenbaum*  5/8/09  (b)(5)  Section Chief Supervising Acting DAAG that VOT Section will conduct additional research legal issues and clarify factual issues regarding NBPP statements, analysis evidence and clarification time line.  Email  Steve Rosenbaum*  Sam Hirsch*  5/8/09  (b)(5)  Acting DAAG forwarding DASG with responsibility for CRT the draft remedial memorandum which discusses the quality evidence related each defendant well the breadth statutory authority for enforcement and the expansive relief that sought. The DASG was also  

Judicial Watch Department Justice 
Civ. Action No. 10-851 

Index CRT Withholdings Challenged Judicial Watch 
Grp. No.  Doc. No.  Document Type  Author/From  Date  Exemption  Description Withheld Information  
given notice that CRT Appellate Sections analysis and opinion draft documents and legal strategy was requested.  Email Chain  Steve Rosenbaum*  Diana Flynn*  5/11/09  (b)(5)  Acting DAAG forwarding additional information NBPP evidence, timeline, and clarification factual evidence for CRT Appellate Sections review, under consideration NBPP litigation. The CRT Front Office requested Appellate Sections opinions and recommendations the merits, legal strategies, constitutional issues, and potential course actions proposed VOT Section the pending NBPP litigation.  Chris Coates*  Steve Rosenbaum*  5/11/09  Steve Rosenbaum*  Chris Coates*  5/8/09  Chris Coates*  Steve Rosenbaum*  5/8/09  Steve Rosenbaum*  Chris Coates*  5/7/09  Chris Coates*  Loretta King*  5/6/09  Email Chain attachments  Steve Rosenbaum*  Marie McElderry*  5/11/09  (b)(5)  Supervising Acting DAAGs response CRT Appellate Section attorney and resent copies proposed draft documents for Appellate Sections review and legal advice. This request for Appellate Sections internal legal opinions and recommendations the merits, legal strategies, constitutional issues, and potential course actions proposed VOT Section the pending NBPP litigation.  Chris Coates*  Loretta King*  5/6/09  

Judicial Watch Department Justice 
Civ. Action No. 10-851 

Index CRT Withholdings Challenged Judicial Watch 
Grp. No.  Doc. No.  Document Type  Author/From  Date  Exemption  Description Withheld Information  Draft Memorandum  Chris Coates* Robert Popper* Christian Adams* Spencer Fisher*  Loretta King*  5/6/09  Email attachment has the draft memorandum proposed injunctive relief.  Email  Steve Rosenbaum*  Loretta King*  5/11/09  (b)(5)  Acting DAAG supervising Acting AAG summarizing his analyses and various discussions with VOT Section legal issues and merits and expressing his frank statements about the quality evidence and representations facts and case law. This document contains predecisional, deliberations between CRT Front Office senior management.  Email  Steve Rosenbaum*  Sam Hirsch*  5/11/09  (b)(5)  Acting DAAG DASG with responsibility for CRT with additional information and research for his review including NBPP statements and posting web sites and timeline evidence.  Email Chain  Marie McElderry*  Steve Rosenbaum*  5/11/09  (b)(5)  CRT Appellate Section attorney supervising Acting DAAG with candid statement her opinion about the proposed relief and scope with detailed discussions the merits, legal strategies and remedies. This document predecisional and contains deliberations between CRT Front Office and Appellate Section.  Steve Rosenbaum*  Marie McElderry*  5/11/09  Marie McElderry*  Steve Rosenbaum*  5/11/09  Steve Rosenbaum*  Marie McElderry*  5/11/09  Marie McElderry*  Steve Rosenbaum*  5/11/09  

Judicial Watch Department Justice 
Civ. Action No. 10-851 

Index CRT Withholdings Challenged Judicial Watch 
Grp. No.  Doc. No.  Document Type  Author/From  Date  Exemption  Description Withheld Information  Email Chain  Steve Rosenbaum*  Sam Hirsch*  5/11/09  (b)(5)  Acting DAAG forwarding DASG with responsibility for CRT with summary his analyses and various discussions with VOT Section legal issues and merits and expressing his frank statements about the quality evidence and representations facts and case law. This document predecisional and contains deliberations between CRT Front Office and VOT Section management.  Steve Rosenbaum*  Loretta King*  5/11/09  Chris Coates*  Steve Rosenbaum*  5/11/09  Email Chain  Steve Rosenbaum*  Sam Hirsch*  5/12/09  (b)(5)  Acting DAAG DASG with responsibility for CRT with requested follow-up information and confirmation that additional actions would conducted the investigation and identifying that actions would taken another Section Chief requested.  Sam Hirsch*  Steve Rosenbaum*  5/11/09  Steve Rosenbaum*  Sam Hirsch*  5/11/09  Sam Hirsch*  Steve Rosenbaum*  5/11/09  Email  Steve Rosenbaum*  Loretta King*  5/13/09  (b)(5)  Acting DAAG supervising Acting AAG forwarding emails from CRT Appellate Section Chief and CRT Appellate attorney with their detailed legal analyses including the application constitutional provisions and judicial precedent strategies and relief under consideration the ongoing NBPP litigation, well assessment the strength potential legal arguments, and presenting different possible scenarios the litigation.  

Judicial Watch Department Justice 
Civ. Action No. 10-851 

Index CRT Withholdings Challenged Judicial Watch 
Grp. No.  Doc. No.  Document Type  Author/From  Date  Exemption  Description Withheld Information  Email Chain  Steve Rosenbaum*  Loretta King*  5/13/09  (b)(5)  Acting DAAG advising his supervising Acting AAG DASGs request for memorandum the Acting DAAG reviewing various options, legal strategies, and different proposals relief related each separate defendant. Acting DAAG forwarding emails from Appellate Section Chiefs and Appellate Attorneys with their detailed legal analyses including the application constitutional provisions and judicial precedent strategies and relief under consideration the ongoing NBPP litigation, well assessment the strength potential legal arguments, and presenting different possible scenarios the litigation.  Steve Rosenbaum*  Sam Hirsch*  5/13/09  Sam Hirsch*  Steve Rosenbaum*  5/13/09  Steve Rosenbaum*  Sam Hirsch*  5/13/09  Diana Flynn*  Steve Rosenbaum*  5/13/09  Marie McElderry*  Diana Flynn*  5/12/09  Email  Steve Rosenbaum*  Sam Hirsch*  5/14/09  (b)(5)  Acting DAAG DASG with responsibility for CRT forwarding revised proposed draft documents for review and analysis the draft filings for pending NBPP litigation the merits, legal strategies, legal issues, constitutional issues, and proposed relief. The proposed filings discuss the quality evidence related each defendant, the statutory authority for enforcement, consideration First Amendment issues, and proposed scope relief against the defendants.  

Judicial Watch Department Justice 
Civ. Action No. 10-851 

Index CRT Withholdings Challenged Judicial Watch 
Grp. No.  Doc. No.  Document Type  Author/From  Date  Exemption  Description Withheld Information  Email Chain  Steve Rosenbaum*  Diana Flynn*  5/14/09  (b)(5)  Acting DAAG forwarding revised proposed draft documents CRT Appellate Section requesting advice and opinions the merits, legal strategies, legal issues, constitutional issues, and proposed relief for pending NBPP litigation. The proposed filings discuss the quality evidence related each defendant, the statutory authority for enforcement, consideration First Amendment issues, and the proposed scope relief against the defendants.  Steve Rosenbaum*  Loretta King*  5/14/09  Chris Coates*  Steve Rosenbaum*  5/14/09 and  Email Chain  Chris Coates*  Steve Rosenbaum*  5/15/09  (b)(5) and (b)(7)(  VOT Section Chiefs and Deputys response their supervising Acting DAAG for additional information merit and legal strategies and supporting evidence. This document summarizes several different witness statements and analyzes the evidence. This document predecisional and contains deliberations between the VOT Section Chief and his supervising Acting AAG.  Robert Popper*  Chris Coates*  5/15/09  Steve Rosenbaum*  Chris Coates*  5/15/09  Email Chain  Steve Rosenbaum*  Diana Flynn*  5/15/09  (b)(5)  Acting DAAG CRT Appellate Section discussing the most recent proposal for the draft pleadings, legal strategies, and scope the proposed relief type. This document predecisional and contains deliberations between CRT Front Office and Appellate Section. Acting DAAG forwarding emails from Appellate Section Chiefs and Appellate Attorneys with their detailed legal analyses including the application constitutional provisions and judicial precedent strategies and relief under consideration the ongoing NBPP litigation, well assessment the strength potential legal arguments, and different possible scenarios the litigation.  Diana Flynn*  Steve Rosenbaum*  5/15/09  Marie McElderry*  Diana Flynn*  5/15/09  Email  Steve Rosenbaum*  Chris Coates*  5/15/09  (b)(5)  Acting DAAGs response VOT Section Chief parameters and scope relief the draft motion. This document predecisional and contains deliberations between the VOT Section Chief and his supervising Acting AAG.  

Judicial Watch Department Justice 
Civ. Action No. 10-851 

Index CRT Withholdings Challenged Judicial Watch 
Grp. No.  Doc. No.  Document Type  Author/From  Date  Exemption  Description Withheld Information  Email Chain  Steve Rosenbaum*  Chris Coates* Loretta King*  5/15/09  (b)(5)  Acting DAAGs response VOT Section Chief discussing legal effect procedural rules and scope relief the draft motion. This document predecisional and contains deliberations between the VOT Section Chief and his supervising Acting AAG.  Steve Rosenbaum*  Chris Coates* Loretta King*  5/15/09  Chris Coates*  Steve Rosenbaum* Loretta King*  5/15/09  Email Chain  Steve Rosenbaum*  Sam Hirsch*  5/15/09  (b)(5)  Acting DAAG forwarded DASG with responsibility for CRT the proposed pleadings drafted anticipation for filing the motion and memorandum for default May The proposed filings discuss the dismissal claims against three defendants, the statutory authority for enforcement, First Amendment issues, and proposed scope relief against the remaining defendant.  Chris Coates*  Loretta King* Steve Rosenbaum*  5/15/09  Email  Steve Rosenbaum*  Loretta King* Sam Hirsch*  5/15/09  (b)(5)  Acting DAAGs analysis and revisions the proposed draft order for entry default judgment his supervising Acting AAG and DASG. This document predecisional and contains deliberations between the Acting DAAG and his supervisors CRT Front Office and DASG and drafted anticipation filing May 15th.  Email  Steve Rosenbaum*  Loretta King* Sam Hirsch*  5/15/09  (b)(5)  Acting DAAGs analysis and revisions the proposed notice dismissal and motion and memorandum for entry default judgment his supervising Acting AAG and DASG. This document predecisional and contains deliberations between the Acting DAAG and his supervisors CRT Office the Acting AAG and DASG. This document also contains attorney discussion, opinions, and analyses the draft documents and case law and exempt under attorney work product privilege and drafted anticipation filing May 15th.  

Judicial Watch Department Justice 
Civ. Action No. 10-851 

Index CRT Withholdings Challenged Judicial Watch 
Grp. No.  Doc. No.  Document Type  Author/From  Date  Exemption  Description Withheld Information  Email  Steve  Chris Coates*  5/15/09  (b)(5)  Acting DAAGs further analysis, review and revisions several draft documents and forwarding  
Rosenbaum*  VOT Section for review substantive issues, proof, and finalize anticipation the May 15th  
filing with the court.  Email Chain  Steve Rosenbaum*  Chris Coates* Robert Popper*  5/15/09  (b)(5)  Acting DAAGs response VOT Section Chief and VOT Deputy Chief containing revised legal strategy and omitting witness statements anticipation the May 15th filing with the court.  Robert Popper*  Steve  5/15/09  
Rosenbaum*  
Chris Coates*  Steve Rosenbaum*  Chris Coates*  5/15/09  Email Chain  Chris Coates*  Chris Herren*  (b)(5)  VOT Section Chief VOT Deputy Chief describing the supervising Acting AAGs and the Acting  
5/15/09  DAAGs most recent proposals legal strategy and scope relief regarding particular defendants the NBPP case.  Email Chain  Steve  Loretta King*  5/22/09  (b)(5)  Acting DAAG supervising Acting AAG forwarding copies Acting DAAGs comments and  
Rosenbaum*  candid concerns merit, legal strategies, and scope relief VOT Sections proposed pleadings April.  

Judicial Watch Department Justice 
Civ. Action No. 10-851 

Index CRT Withholdings Challenged Judicial Watch 
Grp. No.  Doc. No.  Document Type  Author/From  Date  Exemption  Description Withheld Information  Email Chain  Robert Popper*  Kathy Anderson  5/11/09  (b)(5)  This document from CRT Office the Acting AAG staff the Voting Section requesting draft language about filing the proposed motion for default judgment NBPP litigation for internal report.  John Russ  Kathy Anderson Robert Popper*  5/11/09  Kathy Anderson  John Russ*  5/11/09 (and  Email Chain  Steve Rosenbaum*  Diana Flynn*  5/7/09  (b)(5) and (b)(7)(  Acting DAAG forwarding witness statements and information video evidence for CRT Appellate Sections review for consideration supporting evidence NBPP litigation. This document predecisional and contains deliberations between the CRT Front Office and the request for Appellate Sections internal legal opinions and recommendations the merits, legal strategies, constitutional issues, and potential course actions proposed VOT Section the pending NBPP litigation.  Robert Popper*  Chris Coates* Steve Rosenbaum*  4/30/09 (and  Email Chain  Chris Coates*  Steve Rosenbaum*  5/15/09  (b)(5) and (b)(7)(  Section Chiefs response his supervising Acting DAAG for additional information merit and supporting evidence and summarizing several different witness statements which witnesses are identified name.  Robert Popper*  Chris Coates*  5/15/09  Steve Rosenbaum*  Chris Coates*  5/15/09  

Judicial Watch Department Justice 
Civ. Action No. 10-851 

Index CRT Withholdings Challenged Judicial Watch 
Grp. No.  Doc. No.  Document Type  Author/From  Date  Exemption  Description Withheld Information  Email  Steve Rosenbaum*  Helaine Greenfeld* Andrew  5/18/09  (b)(5)  Acting DAAG advised his supervisor that final versions pleadings were filed with court and provided copies documents. The document advises final order the NBPP litigation and discusses nature the relief. This document deliberative since shows details and facts related  
Kline* the Department process and also contains attorney discussion, opinions, and comments and facts related distribution. The email provides additional comment and characterization the nature the case and the relief sought. The email also shows details and facts related the nomination process the Department.  Email Chain  Steve  Sam Hirsch*  5/28/09  (b)(5)  Acting DAAGs comments DASG with responsibility for CRT and comments OPA  
Rosenbaum*  Alejandro  publicity about NBPP litigation and legal analysis default judgments and inaccuracies the  
Miyar  stated facts the NBPP case. The email provides additional comments and characterization the case.  Steve  Sam Hirsch*  5/28/09  
Rosenbaum*  Alejandro  
Miyar  Sam Hirsch*  Alejandro Miyar Steve  5/28/09  
Rosenbaum*  Alejandro Miyar  Steve  5/28/09  
Rosenbaum*  
Sam Hirsch*  

Judicial Watch Department Justice 
Civ. Action No. 10-851 

Index CRT Withholdings Challenged Judicial Watch 
Grp. No.  Doc. No.  Document Type  Author/From  Date  Exemption  Description Withheld Information  Email Chain  Steve  Alejandro  5/28/09  (b)(5)  Acting DAAGs comments DASG with responsibility for CRT and OPA that internal  
Rosenbaum*  Miyar  deliberative discussions are protected and legal analysis facts and law the NBPP case. The  
Sam Hirsch*  email provides additional comments and characterization the case.  Alejandro Miyar  Sam Hirsch*  5/28/09  
Steve  
Rosenbaum*  Sam Hirsch*  Steve Rosenbaum*  5/28/09  
Alejandro Miyar  Email Chain  Steve Rosenbaum*  Tracy Schmaler Sam Hirsch* Alejandro Miyar  5/28/09  (b)(5)  Acting DAAGs comments DASG with responsibility for CRT and OPA reasons for dismissal defendants NBPP litigation and legal analysis dismissals and legal obligations DOJ. The email provides additional comments and characterization the case.  Tracy Schmaler  Alejandro Miyar Sam Hirsch*  5/28/09  
Steve  
Rosenbaum*  

Judicial Watch Department Justice 
Civ. Action No. 10-851 

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Grp. No.  Doc. No.  Document Type  Author/From  Date  Exemption  Description Withheld Information  Alejandro Miyar  Tracy Schmaler  5/28/09  
Sam Hirsch*  
Steve  
Rosenbaum*  Tracy Schmaler  Alejandro Miyar  5/28/09  Memorandum  CRT Employee  Mary Patrice  9/25/09  (b)(5),  Individuals Response pending OPR investigation which includes authors thoughts litigation  
(and  Brown*  (b)(7)(A),  developments and characterizations actions and discussions with colleagues the NBPP  and (b)(7)  litigation. Author describes discussions among officials litigation strategy and various litigation  options and assessments outcomes.  Memorandum  CRT Employee  Mary Patrice  10/7/09  (b)(5),  Individuals Response pending OPR investigation which includes authors thoughts litigation  
(and  Brown*  (b)(7)(A),  developments and characterizations actions and discussions with colleagues the NBPP  and (b)(7)  litigation. Author describes discussions among officials litigation strategy and various litigation  options and assessments outcomes.  Memorandum  CRT Employee  Mary Patrice  10/2/09  (b)(5),  Individuals Response pending OPR investigation which includes authors thoughts litigation  
(and  Brown*  (b)(7)(A),  developments and characterizations actions and discussions with colleagues the NBPP  and (b)(7)  litigation. Author describes discussions among officials litigation strategy and various litigation  options and assessments outcomes.  Memorandum  CRT Employee  Mary Patrice  10/8/09  (b)(5),  Individuals Response pending OPR investigation which includes authors thoughts litigation  
(and  Brown*  (b)(7)(A),  developments and characterizations actions and discussions with colleagues the NBPP  and (b)(7)  litigation. Author describes discussions among officials litigation strategy and various litigation  options and assessments outcomes.  

Judicial Watch Department Justice 
Civ. Action No. 10-851 

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Grp. No.  Doc. No.  Document Type  Author/From  Date  Exemption  Description Withheld Information (and  Draft Memorandum  CRT Employee  Mary Patrice Brown*  undated  (b)(5), (b)(7)(A), and (b)(7)  Individuals Response pending OPR investigation which includes authors thoughts litigation developments and characterizations actions and discussions with colleagues the NBPP litigation. Author describes discussions among officials litigation strategy and various litigation options and assessments outcomes. (and  Draft Memorandum  CRT Employee  Mary Patrice Brown*  undated  (b)(5), (b)(7)(A), and (b)(7)  Individuals Response pending OPR investigation which includes authors thoughts litigation developments and characterizations actions and discussions with colleagues the NBPP litigation. Author describes discussions among officials litigation strategy and various litigation options and assessments outcomes. (and  Draft Memorandum  CRT Employee  Mary Patrice Brown*  undated  (b)(5), (b)(7)(A), and (b)(7)  Individuals Response pending OPR investigation which includes authors thoughts litigation developments and characterizations actions and discussions with colleagues the NBPP litigation. Author describes discussions among officials litigation strategy and various litigation options and assessments outcomes. (and  Draft Memorandum  CRT Employee  Mary Patrice Brown*  undated  (b)(5), (b)(7)(A), and (b)(7)  Individuals Response pending OPR investigation which includes authors thoughts litigation developments and characterizations actions and discussions with colleagues the NBPP litigation. Author describes discussions among officials litigation strategy and various litigation options and assessments outcomes.  

Judicial Watch Department Justice 
Civ. Action No. 10-851 

Index CRT Withholdings Challenged Judicial Watch 
Grp. No.  Doc. No.  Document Type  Author/From  Date  Exemption  Description Withheld Information  Memorandum  CRT Employee  Mary Patrice  undated  (b)(5),  Individuals Response pending OPR investigation which includes authors thoughts litigation  
(and  Brown*  (b)(7)(A),  developments and characterizations actions and discussions with colleagues the NBPP  and (b)(7)  litigation. Author describes discussions among officials litigation strategy and various litigation  options and assessments outcomes. (and  Draft Memorandum  CRT Employee  Mary Patrice Brown*  Undated  (b)(5), (b)(7)(A), and (b)(7)  Individuals Response pending OPR investigation which includes authors thoughts litigation developments and characterizations actions and discussions with colleagues the NBPP litigation. Author describes discussions among officials litigation strategy and various litigation options and assessments outcomes. (and  Draft Memorandum  CRT Employee  Mary Patrice Brown*  Undated  (b)(5), (b)(7)(A), and (b)(7)  Individuals Response pending OPR investigation which includes authors thoughts litigation developments and characterizations actions and discussions with colleagues the NBPP litigation. Author describes discussions among officials litigation strategy and various litigation options and assessments outcomes. (and  Draft Memorandum  CRT Employee  Mary Patrice Brown*  Undated  (b)(5), (b)(7)(A), and (b)(7)  Individuals Response pending OPR investigation which includes authors thoughts litigation developments and characterizations actions and discussions with colleagues the NBPP litigation. Author describes discussions among officials litigation strategy and various litigation options and assessments outcomes.  

Judicial Watch Department Justice 
Civ. Action No. 10-851 

Index CRT Withholdings Challenged Judicial Watch 
Grp. No.  Doc. No.  Document Type  Author/From  Date  Exemption  Description Withheld Information (and  Draft Memorandum  CRT Employee  Mary Patrice Brown*  Undated  (b)(5), (b)(7)(A), and (b)(7)  Individuals Response pending OPR investigation which includes authors thoughts litigation developments and characterizations actions and discussions with colleagues the NBPP litigation. Author describes discussions among officials litigation strategy and various litigation options and assessments outcomes. (and  Draft Memorandum  CRT Employee  Mary Patrice Brown*  Undated  (b)(5), (b)(7)(A), and (b)(7)  Individuals Response pending OPR investigation which includes authors thoughts litigation developments and characterizations actions and discussions with colleagues the NBPP litigation. Author describes discussions among officials litigation strategy and various litigation options and assessments outcomes.  

Judicial Watch Department Justice 
Civ. Action No. 10-851 

Index CRT Withholdings Challenged Judicial Watch 
List Acronyms:  
DASG -Deputy Associate Attorney General OPA -Office Public Affairs OPR -Office Professional Responsibility CRT -Civil Rights Division VOT -Voting Section Civil Rights Division AWP-Attorney Work Product Privilege DPP -Deliberative Process Privilege  AAAG -Acting Assistant Attorney General Civil Rights Division ADAAG -Acting Deputy Assistant Attorney General Civil Rights Division Appellate -Appellate Section Civil Rights Division NBPP -New Black Panther party  
CRT AAG/Front Office Loretta King, Acting Assistant Attorney General (former)  Appellate Section  

Steve Rosenbaum, Acting Deputy Assistant Attorney General (former) Diana Flynn, Chief Appellate Section 
Kathy Anderson, Special Assistant Acting Assistant Attorney General Marie McElderry, Senior Appellate Attorney (now retired) 

Voting Section Chris Coates, Chief (former) Criminal Section Rebecca Wertz, Principal Deputy Andrew Kline, Special Litigation Counsel Robert Popper, Deputy Chief Chris Herren, Deputy Chief Christian Adams, Trial Attorney (now resigned) Office Public Affairs Spencer Fisher, Trial Attorney Tracy Schmaler John Russ, Trial Attorney Alejandro Mijar 
Office Professional Responsibility Office Associate Attorney General Mary Patrice Brown, Counsel Helaine Greenfeld, Deputy Associate Attorney General Sam Hirsch, Deputy Associate Attorney General 
Note: Attorneys listed the index are designated with asterisk the end their names. 
-22
Judicial Watch Department Justice 
Civ. Action No. 10-851 

U.S. District Court 
District Columbia 

Index OIP Withholdings 
Acronyms: 
OAG  Office the Attorney General  ODAG  Office the Deputy Attorney General  OASG  Office the Associate Attorney General  
CRT  Civil Rights Division  OLA  Office Legislative Affairs  Attorney General  
DAG  Deputy Attorney General  ASG  Associate Attorney General  NBPP  New Black Panther Party  

Description the forty-eight pages records withheld OIP behalf the OAG, ODAG, and OASG, which are being challenged plaintiff. 
Group  Document  Document Type  Author/From  Subject/Title  Date  Exemption  Pages  Description Withheld Information  
Grp.  101  Email  Steven Rosenbaum  Sam Hirsch  New Black Panther Party Update  4/30/09  (b)(5)  E-mail from attorney CRT OASG briefing the current status litigation and providing his opinion the development different approaches under consideration.  
102  E-mail  Tom Perrelli  Sam Hirsch  Where are the Black  5/14/09  (b)(5)  E-mail asking for update the NBPP litigation  
Panther Party Case?  between officials OASG, and noting ODAGs current  
thoughts logistics the case.  
103  E-mail chain  Steven Rosenbaum  Sam Hirsch  FW: New Black Panther  5/15/09  (b)(5)  E-mails forwarding and presenting legal analysis from  
Party --your questions  CRT Appellate Section attorneys questions presented  
from the CRT Front Office; specifically, the attorneys  Diana Flynn  Steven Rosenbaum cc: Marie McElderry  New Black Panther party -your questions  5/15/09  provide their legal assessments and recommendations potential course action the NBPP case. The Appellate Sections analysis forwarded OASG.  Marie McElderry  Diana Flynn  Questions from the Front  5/15/09  
Office  

Group  Document  Document Type  Author/From  Subject/Title  Date  Exemption  Pages  Description Withheld Information  
104  E-mail chain  Sam Hirsch  Tom Perrelli  RE: Black Panthers?  5/14/09  (b)(5)  E-mails between attorneys OASG regarding the current status the NBPP litigation and update the status deliberations CRT regarding legal strategies under consideration that Office.  Tom Perrelli  Sam Hirsch  Black Panthers?  5/14/09  
105  E-mail chain  Sam Hirsch  Tom Perrelli  NBPP  5/15/09  (b)(5)  E-mail discussion between attorneys OASG and CRT, then within OASG, regarding current status the NBPP litigation and, specifically, CRTs development position with respect potential actions under consideration the case.  Sam Hirsch  Tom Perrelli  FW: Timing  5/15/09  Sam Hirsch  Loretta King, Steven Rosenbaum  Timing  5/15/09  
106  E-mail  Sam Hirsch  Tom Perrelli  NBPP  5/15/09  (b)(5)  E-mail between OASG attorneys regarding edits court papers the NBPP litigation and commenting the status the case.  
107  E-mail  Sam Hirsch  Donald Verrilli, Aaron Lewis, Tom Perrelli  Fw: New Black Panther  5/16/09  (b)(5)  E-mail from OASG OAG, ODAG and OASG officials forwarding court papers filed the NBPP litigation, well e-mails briefing recipients the nature the relief sought therein. E-mail provides additional comment and characterization relief sought.  
121  E-mail  Sam Hirsch  Steven Rosenbaum  NBPP  5/15/09  (b)(5)  E-mail from OASG attorney CRT attorney presenting OASGs view course action under consideration the case, and discussing timeline the litigation well possible options regarding deadlines.  

Grp.  112  Handwritten Attorney Meeting Notes  Daphna Renan  N/A  CRT Weekly mtg  4/30/09  (b)(5)  Handwritten notes taken CRT Weekly Meeting which variety pending CRT matters are discussed. Authors notes reflect discussion the NBPP case and raises question about the nature the lawsuit. *Only limited portion these notes relate the subject plaintiffs FOIA request.
Group  Document  Document Type  Author/From  Subject/Title  Date  Exemption  Pages  Description Withheld Information  
113  Handwritten Attorney Meeting Notes  Daphna Renan  N/A  CRT weekly mtg  5/09  (b)(5)  Handwritten notes taken CRT Weekly Meeting which variety pending CRT matters are discussed. Authors notes reflect discussion development the NBPP litigation.  
*Only limited portion these notes relate the subject plaintiffs FOIA request.  
114  Handwritten Attorney Meeting Notes  Daphna Renan  N/A  CRT Weekly Mtg.  5/14/09  (b)(5)  Handwritten notes taken CRT Weekly Meeting which variety pending CRT matters are discussed. Authors notes reflect discussion potential court filing the NBPP litigation and the ASGs thoughts that filing.  
*Although pages length, only limited portion these notes relate the subject plaintiffs FOIA  
request.  
116  Chronology  Sam Hirsch  Uncertain, but was forwarded OAG, ODAG and PAO  Chronology New Black Panther Party case:  5/09  (b)(5)  Detailed chronology the Departments involvement the NBPP litigation presented from the authors perspective. Includes the authors characterization actions and discussions with and among Department colleagues since the inception the lawsuit, but focusing primarily the time period 4/29/095/21/09. This document contains unvarnished presentation authors thoughts litigation decisions, actions, strategies, and recommendations they developed, well ruminations and retrospective analyses the variety decisionmaking processes CRT, OASG, ODAG and OAG with respect the NBPP litigation. Author describes and paraphrases discussion among officials regarding litigation strategy, potential courses action and the viability different ligation options well assessments potential outcomes, addition providing his own insight into all aspects his involvement the litigation.
Group  Document  Document Type  Author/From  Subject/Title  Date  Exemption  Pages  Description Withheld Information  
Grp.  110  Briefing Paper  Karen Stevens, CRT  N/A  New Black Panther Party: VRA Litigation  Undated  (b)(5)  Briefing paper, including talking points, for the regarding the Departments handling the NBPP litigation and the decision drop charges against three defendants. This briefing paper identifies selected aspects the Departments handling the NBPP litigation, and serves brief the how may prepare for potential inquiries during upcoming Hill testimony.  
111  Briefing Paper  N/A  Black Panthers  Undated  (b)(5)  Briefing paper, including talking points, for the ASG regarding the Departments handling the NBPP litigation and the decision drop charges against three defendants. This briefing paper identifies potential issues and various aspects the Departments handling the NBPP litigation, and serves brief the ASG how may prepare for inquiries.  
117  E-mail chain  Charlotte Burrows  Gary Grindler  RE: Letter House Judic 1/20/10  (b)(5)  Forward e-mail with the subject New Black  
-New Black Panther party  Panther Party: Response Lamar Smith ODAG  
attorney, who then presents detailed analysis the DAG certain points CRTs decisionmaking process the NBPP litigation. The ODAG attorney provides CRTs explanations its handling the litigation and opines how most appropriately present certain aspects the case draft letter Congress.  Gary Grindler  Charlotte Burrows  RE: Letter House Judic-New Black Panther party  1/20/10  Charlotte Burrows  Gary Grindler  RE: Letter House Judic-New Black Panther party  1/20/10  Steven Rosenbaum  Judy Appelbaum, Nancy Scott-Finan, Sam Hirsch,  New Black Panther Party: Response Lamar Smith  6/23/09  
Charlotte Burrows,  
Daphna Renan. cc: Loretta King
Identification Key Department Justice Officials 
OAG 
Aaron Lewis 

ODAG 
Gary Grindler, Acting Deputy Attorney General 
Charlotte Burrows, Associate Deputy Attorney General 
Daphna Renan, Counsel 
Kathryn Ruemmler, Donald Verrilli, David Margolis 

OASG 
Tom Perrelli, Associate Attorney General 
Sam Hirsch, Deputy Associate Attorney General 

OLA 
Judy Appelbaum, Nancy Scott-Finan 
CRT 
Loretta King, Acting Assistant Attorney General (former) 
Steve Rosenbaum, Acting Deputy Assistant Attorney General (former) 

Diana Flynn, Chief Appellate Section 
Marie McElderry, Senior Appellate Attorney (now retired) 
Karen Stevens, Counsel the Assistant Attorney General (former)



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