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Judicial Watch • JW v DOJ January Opposition 00029

JW v DOJ January Opposition 00029

JW v DOJ January Opposition 00029

Page 1: JW v DOJ January Opposition 00029

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Number of Pages:4

Date Created:January 17, 2017

Date Uploaded to the Library:January 18, 2017

Tags:gmail, preserve, Kadzik, 00029, preservation, Opposition, Assistant, motion, Attorney, Peter, order, email, justice, Hillary Clinton, defendant, filed, plaintiff, request, document, DOJ, FOIA, department


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Case 1:17-cv-00029-EGS Document Filed 01/17/17 Page
UNITED STATES DISTRICT COURT
FOR THE DISTRICT COLUMBIA
__________________________________________
JUDICIAL WATCH, INC.,
Plaintiff,
Case No. 17-cv-00029 (EGS)
UNITED STATES DEPARTMENT JUSTICE,
Defendant.
__________________________________________)
OPPOSITION PLAINTIFF MOTION FOR PRESERVATION ORDER
Defendant United States Department Justice DOJ respectfully submits this
opposition Plaintiff Judicial Watch Motion for Preservation Order and Request for Expedited
Consideration. discussed below, Plaintiff motion should denied because unnecessary light the preservation steps DOJ has already taken.
BACKGROUND
Judicial Watch filed its complaint this matter January 2017. Compl., Docket
Entry The complaint relates two separate FOIA requests that Judicial Watch alleges that
submitted DOJ November 2016. See id. 11. Both requests sought documents from
both the personal and official email accounts Peter Kadzik, DOJ current Assistant Attorney
General for Legislative Affairs. Id. According the complaint, the first request sought the
following documents: All email correspondence between Peter Kadzik either his
official
Justice
Department
email
account
peterkadzik@gmail.com and any non-government employee
Service process Plaintiff complaint has not yet been completed, and DOJ reserves its right object unperfected service.
Mr. Kadzik will leaving federal employment January 19, 2017.
Case 1:17-cv-00029-EGS Document Filed 01/17/17 Page
concerning, regarding, relating former Secretary State
Hillary Clinton use non-state.gov email conduct official
government business; All email correspondence between Peter Kadzik either his
official
Justice
Department
email
account
peterkadzik@gmail.com and John Podesta; and All email correspondence between Peter Kadzik either his
official
Justice
Department
email
account
peterkadzik@gmail.com and any official, officer, employee
Hillary Rodham Clinton presidential campaign.
The timeframe for this request December 2014 November
2016.
Id. The second request sought the following documents:
All emails sent received Peter Kadzik using the email
address peterkadzik@gmail.com which conducted official
government business.
All emails copied and/or forwarded required U.S.C. 2911 Peter Kadzik Justice Department email account from
peterkadzik@gmail.com.
The timeframe for this request January 2016 the present.
Id. 11.
The day after filing the complaint, January 2017, Judicial Watch filed motion for
preservation order and request for expedited consideration. See Pl. Mot. for Preservation
Order, Docket Entry Judicial Watch motion seeks order requiring DOJ take all
necessary and reasonable steps preserve all agency records the gmail email account
Assistant Attorney General for Legislative Affairs Peter Kadzik. Pl. Proposed Preservation
Order, Docket Entry 3-1. Judicial Watch proposed order further requires DOJ advise the
Court the steps has taken preserve such records. Id. The motion indicated that the time filing, DOJ had not yet been able take any position the motion. Pl. Mot.
Case 1:17-cv-00029-EGS Document Filed 01/17/17 Page
ARGUMENT
Since receiving Plaintiff FOIA requests, Defendant, including its Office Information
Policy and Office Legislative Affairs, along with Mr. Kadzik himself, has endeavored identify
any potentially responsive materials. the government understanding that Mr. Kadzik has
located agency records potential agency records his Gmail account and that, therefore,
there are such documents preserve. Nevertheless, out abundance caution and
consistent with the preservation order that Judicial Watch seeks, the government has instructed
Mr. Kadzik preserve any potential agency records his Gmail account, should any exist, and
Mr. Kadzik has agreed so.
Because the government has already taken the action that Judicial Watch motion requests,
and has informed the Court that action, Judicial Watch motion moot and should denied. the extent Judicial Watch seeks some sort additional judicial review whether DOJ has
taken all necessary and reasonable steps preserve all agency records, Pl. Proposed
Preservation Order, has provided legal support justification for such review. See, e.g.,
John Goetz, 531 F.3d 448 (6th Cir. 2008) (granting mandamus relief and reversing district
court order preserve hard drives forensic imaging abuse discretion the grounds
that, among other reasons, nothing the record indicates that defendants are unwilling, will
refuse, preserve and produce all relevant ESI the future, and after acknowledging that the
media issue will almost certainly contain confidential state private personal information that wholly unrelated the litigation
Case 1:17-cv-00029-EGS Document Filed 01/17/17 Page
CONCLUSION
Judicial Watch motion for preservation order should denied.
DATE: January 17, 2017
Respectfully submitted,
BENJAMIN MIZER
Principal Deputy Assistant Attorney General
MARCIA BERMAN
Assistant Branch Director
Federal Programs Branch
/s/ Stephen Pezzi
STEPHEN PEZZI (D.C. Bar 995500)
Trial Attorney
United States Department Justice
Civil Division, Federal Programs Branch Massachusetts Avenue
Washington, 20530
Phone (202) 305-8576; Fax (202) 616-8470
Email: stephen.pezzi@usdoj.gov
Counsel for Defendant
Undersigned counsel respectfully advises the Court that has pre-existing international travel plans from
late afternoon Wednesday, January 18, 2017 through noon Monday, January 23, 2017. Undersigned counsel
respectfully requests that the Court take counsel travel schedule into consideration the event the Court inclined grant Judicial Watch request for hearing this motion.