Skip to content

Judicial Watch • JW v State Hillary deposition 01363

JW v State Hillary deposition 01363

JW v State Hillary deposition 01363

Page 1: JW v State Hillary deposition 01363

Category:

Number of Pages:59

Date Created:July 8, 2016

Date Uploaded to the Library:July 08, 2016

Tags:Gazlay, Finney, clintonemail, deposition, 01363, Abedin, hillary, email, Hillary Clinton, unclassified, Secretary, meeting, filed, clinton, plaintiff, State Department, FBI, document, FOIA, department, office, ICE


File Scanned for Malware

Donate now to keep these documents public!


See Generated Text   ∨

Autogenerated text from PDF

Case 1:13-cv-01363-EGS Document Filed 07/08/16 Page THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT COLUMBIA
JUDICIAL WATCH, INC.,
Plaintiff,
U.S. DEPARTMENT STATE,
Defendant.
Civil Action No. 13-cv-1363 (EGS)
PLAINTIFF MOTION FOR PERMISSION DEPOSE
HILLARY CLINTON, CLARENCE FINNEY, AND JOHN BENTEL
Plaintiff Judicial Watch, Inc., counsel and pursuant the Court May 2016
Memorandum and Order, respectfully moves for permission depose Hillary Clinton, Clarence
Finney, and John Bentel. Defendant opposes this motion. grounds therefor, Plaintiff states
follows:
STATEMENT POINTS AND AUTHORITIES
This Court has concluded that questions surrounding the creation, purpose and use the
clintonemail.com server must explored through limited discovery before the Court can decide, matter law, whether the Government has conducted adequate search response
Judicial Watch FOIA request. May 2016 Memorandum and Order Order
attempt uncover admissible evidence shed light these questions and based the limited
information known the time, Plaintiff submitted narrowly tailored discovery plan that
identified eight individuals Plaintiff sought depose. After discussions with Defendant,
Plaintiff narrowed the list deponents seven. The Court approved the parties jointly
submitted discovery plan May 2016.
Case 1:13-cv-01363-EGS Document Filed 07/08/16 Page
The authorized discovery concluded June 29, 2016, within the time period allowed
the Court. Plaintiff took the depositions the seven witnesses, obtained answers its
interrogatories, and received certain documents identified the May 2016 Office the
Inspector General OIG report. Transcripts and videotapes the depositions, well the
May 2016 OIG report, have already been provided the Court, and the interrogatory answers
and documents referenced above are attached exhibits this motion.1 Although significant
progress has been made uncovering evidence concerning the creation and use the
clintonemail.com system and the State Department approach and practice for processing FOIA
requests potentially implicating Secretary Clinton and Ms. Abedin emails, important
questions remain. its Order, the Court directed that Plaintiff must seek the Court permission
conduct discovery beyond the depositions and the interrogatories identified the parties.
Order 15. The Court also stated, Based information learned during discovery, the
deposition Mrs. Clinton may necessary. Plaintiff believes Mrs. Clinton testimony
required, will request permission from the Court the appropriate time. Id. 14. After
concluding the discovery authorized the Court, Plaintiff believes necessary depose
three additional witnesses: Secretary Clinton; Clarence Finney, the State Department official
responsible for management the secretary records, including FOIA responses for those
Defendant Responses and Objections Plaintiff Interrogatories are attached
Exhibit The documents identified the May 2016 OIG report are attached Exhibit
-2-
Case 1:13-cv-01363-EGS Document Filed 07/08/16 Page
records; and John Bentel, the former State Department official that was responsible for Secretary
Clinton information technology systems.2
Secretary Clinton.
Secretary Clinton testimony necessary because Plaintiff still requires definitive
answers the following questions, among others:
The purpose for the clintonemail.com system.
Plaintiff anticipated that Ms. Mills, Ms. Abedin, and Mr. Pagliano might provide
testimony about why Secretary Clinton chose create the clintonemail.com system conduct
official government business instead using official State Department email account.
Neither Ms. Mills nor Ms. Abedin was able provide definitive answers, however, and Mr.
Pagliano invoked his Fifth Amendment right against self-incrimination rather than answer
Plaintiff questions. See generally Pagliano Deposition.
Neither Ms. Mills nor Ms. Abedin spoke with Secretary Clinton about the purpose for
creating the clintonemail.com system. See Mills Deposition 45:7 45:20 and Abedin
Deposition 71:16 73:2. They understood Secretary Clinton continuing her general
practice using personal email account conduct official government business when, the
course their State Department work, they started receiving emails from the secretary the
clintonemail.com system. See Mills Deposition 45:7 45:20 and Abedin Deposition 71:16
73:2. Neither could identify why Secretary Clinton continued this practice the State
Plaintiff intends depose these individuals within four weeks the Court order
Plaintiff motion. Plaintiff anticipates that further discovery will needed this case.
-3-
Case 1:13-cv-01363-EGS Document Filed 07/08/16 Page
Department even though, unlike during her tenure U.S. senator, the secretary emails were
subject federal recordkeeping statutes and FOIA.
Plaintiff also anticipated that the senior State Department officials responsible for
logistics for the Office the Secretary might provide testimony concerning the State
Department knowledge about the creation the clintonemail.com system and Secretary
Clinton decision use the clintonemail.com system conduct official government business.
Neither former Executive Secretary Stephen Mull nor former Deputy Executive Secretary Lewis
Lukens could shed light this issue. Nor could Under Secretary for Management Patrick
Kennedy provide any clarity the situation. Executive Secretary Mull testified that did not
know whether Secretary Clinton was using the clintonemail.com account for personal official
government business and had basis for knowing how she was using her BlackBerry. See Mull
Deposition 132:8 133:5. Deputy Executive Secretary Lukens testified that believed
Secretary Clinton used the account communicate with friends and family only. See Lukens
Deposition 82:19-22. Under Secretary Kennedy testified that did not recall any discussion
about Secretary Clinton wanting communicate email with State Department officials
employees and, like Deputy Executive Secretary Lukens, believed she wanted communicate
with her family. See Kennedy Deposition 48:11 49:20; 50:3 50:7. even denied, least
initially, knowing contemporaneously that Secretary Clinton used unofficial email account for
her official email communications. See id. 9:22 10:6 [W]hen did you first become aware
that Mrs. Clinton was using non-State.gov email address for State Department business?
believe was probably March 2015 From newspaper account. see also id. 51:16
52:22.
-4-
Case 1:13-cv-01363-EGS Document Filed 07/08/16 Page
Secretary Clinton testimony necessary answer the questions surrounding the
creation, purpose and use the clintonemail.com system. was her system. She was the
primary driving force behind and was its principal user. She chose make exclusive use
the system for all her official email communications and allow one her key aides, Ms.
Abedin, use the unofficial system for official communications well. Without Secretary
Clinton testimony, there can fair, rightful, and conclusive answer the Court
questions.3
Secretary Clinton continued use the system even though, times, interfered with her job secretary.
Evidence obtained through discovery shows that the clintonemail.com system appears
have suffered multiple and repeated technical problems, weather-related disruptions, and known
incidents hacking. See, e.g., Mull Deposition Exhibits and Exhibit documents and one occasion, technical problem with the system caused Secretary Clinton
miss telephone call with foreign minister because email from the clintonemail.com system
never made its way the appropriate State Department employees. See Abedin Deposition his statement announcing the conclusion the FBI investigation into Secretary
Clinton email practices, Director Comey stated, The FBI also discovered several thousand
work-related e-mails that were not the group 30,000 that were returned Secretary Clinton State 2014. See Statement FBI Director James Comey the Investigation
Secretary Hillary Clinton Use Personal E-Mail System, available https://www.fbi.gov/
news/pressrel/press-releases/statement-by-fbi-director-james-b.-comey-on-the-investigation-ofsecretary-hillary-clintons-use-of-a-personal-e-mail-system. The FBI finding raises questions
about Secretary Clinton assertions her August 2015 declaration that she directed that all
her emails the clintonemail.com system her custody that were potentially were federal
records provided the Department State and that information and belief, this has
been done. Secretary Clinton deposition necessary inquire about the basis these
assertions light the FBI finding.
-5-
Case 1:13-cv-01363-EGS Document Filed 07/08/16 Page
184:21 185:4. Both Secretary Clinton and Ms. Abedin were frustrated this failure. See id. 185:15 186:1. During the incident, Secretary Clinton commented Ms. Abedin email,
This not good system. See Exhibit document Ms. Abedin responded, should
talk about putting you state email releasing your email address the department you are
not going spam. See id. Secretary Clinton replied, Let get separate address device but don want any risk the personal being accessible. See id.
Secretary Clinton continued use the clintonemail.com system, however, and one month
later the system suffered another set technical issues that caused Ms. Abedin contact the
Office Information Resource Management the Executive Secretariat S/ES-IRM See
Exhibit document response, S/ES-IRM worked with the State Department general
information technology department resolve issues affecting the ability emails transmitted
through Secretary Clinton email account reach State Department officials and employees
using their state.gov email accounts. See id. The following month, the system had shut
down because hacking, causing Ms. Abedin email Ms. Mills and Jacob Sullivan, Don
email [Secretary Clinton] anything sensitive. can explain more person. Exhibit
document
Through her aides, Secretary Clinton later inquired again about use alternative
email system. document previously submitted the Court shows, August 2011
Executive Secretary Mull emailed Cheryl Mills, Huma Abedin, Under Secretary Kennedy, and
Monica Hanley, assistant Secretary Clinton, about ways which the State Department
could resolve issues Secretary Clinton was having with email and other communications. See
Mull Deposition Exhibit The email, part, states:
-6-
Case 1:13-cv-01363-EGS Document Filed 07/08/16 Page
Separately, are working provide the Secretary per her request Department
issued Blackberry replace her personal unit which malfunctioning (possibly
because her personal email server down). will prepare two versions for
her use one with operating State Department email account (which would
mask her identity, but which would also subject FOIA requests), and another
which would just have phone and internet capability.
Id. document recently produced Plaintiff during the course discovery shows that, shortly
thereafter, Ms. Hanley asked Mr. Bentel, the head the Office the Secretary department,
what Secretary Clinton email address would State Department Blackberry. See Exhibit document Mr. Bentel replied, part, You should aware that any email would
through the Department infrastructure and [be] subject FOIA searches. See id. This
response subsequently was forwarded Ms. Abedin. See id. hour later, Ms. Abedin
responded Executive Secretary Mull, Let discuss the state blackberry, doesnt make whole
lot sense. See Mull Deposition Exhibit
This evidence suggests that, despite the recurrent problems, frustration, and security
issues associated with Secretary Clinton use the clintonemail.com system (and after her staff
was reminded about FOIA obligations),4 the secretary nonetheless decided continue using the
system conduct official government business instead switching official, State
Department email system. Only Secretary Clinton can answer why she chose continue using
Secretary Clinton key staffers appear have been well aware their FOIA
obligations. Ms. Abedin testified that she knew that her emails the clintonemail.com system
relating official government business were subject FOIA. See Abedin Deposition 115:9
115:16. Ms. Mills knew that her emails were subject FOIA well, she and her staff
searched her emails response FOIA requests. See Mills Deposition 194:22 196:8. Ms.
Mills also believed Secretary Clinton emails were subject FOIA. See id. 183:9 183:16.
-7-
Case 1:13-cv-01363-EGS Document Filed 07/08/16 Page
this flawed, frustrating, non-secure system for her official State Department emails, well
what she meant about not want[ing] any risk the personal being accessible.
Secretary Clinton claim over the records the clintonemail.com
system.
Secretary Clinton has repeatedly asserted that her use the clintonemail.com system was
allowed, raising questions about whether the State Department authorized the system use,
whether Secretary Clinton claimed any personal right exclusive control over the emails the
clintonemail.com system, and whether the State Department maintained constructive control or,
conversely, ceded control over the emails the system. See Competitive Enterprise Institute
Office Science and Technology, Case No. 15-5128, slip op. 6-9 (D.C. Cir. July 2016).
witness was able testify whether Secretary Clinton was advised use state.gov email
account conduct official government business whether the State Department authorized
Secretary Clinton use non-state.gov email account conduct official government business.
See e.g., Kennedy Deposition 55:18 55:21; Mull Deposition 113:14 113:17; and Abedin
Deposition 36:5 36:18; 78:5 78:11. Knowing whether the system was formally authorized even informally allowed key component understanding whether Secretary Clinton
claimed any personal right exclusive control over the records the clintonemail.com system,
and, correspondingly, whether the State Department ceded the relevant records Secretary
Clinton. Competitive Enterprise Institute, Case No. 15-5128, slip. op.
Secretary Clinton understanding about whether federal recordkeeping laws and FOIA
applied the emails the clintonemail.com system and her treatment and handling these
emails also bears this same issue. Ms. Abedin was unable testify whether Secretary
-8-
Case 1:13-cv-01363-EGS Document Filed 07/08/16 Page
Clinton thought FOIA applied the emails the clintonemail.com system relating State
Department business. See Abedin Deposition 115:17 116:3. Ms. Mills testified that one
thought about the issue. See, e.g., Mills Deposition 189:8 190:21. Ms. Abedin also testified
that Plaintiff would have ask Mrs. Clinton about whether the secretary understood FOIA
applied the system. See Abedin Deposition 115:17 116:3. Similarly, Ms. Abedin testified
that she did not know how Secretary Clinton managed her clintonemail.com inbox during her
tenure secretary whether she deleted work-related emails. See id. 121:12 121:15.
Whether Secretary Clinton made point preserving work-related emails the
clintonemail.com system whether she regularly deleted caused such emails deleted
relevant whether she believed the emails were State Department records her records. The
secretary testimony necessary answer these additional questions about the
clintonemail.com system.
Secretary Clinton inventorying records upon completion her
tenure secretary.
Ms. Abedin testimony revealed previously undisclosed meeting between Mr. Finney,
Ms. Abedin and other personnel from the Office the Secretary about what records Secretary
Clinton and her staff were allowed take with them when they left the State Department. See
Abedin Deposition 46:3 46:17; 135:18 141:22. The meeting took place few months
before Secretary Clinton took office. See id. 140:6-10. the meeting, Mr. Finney informed
Ms. Abedin and Secretary Clinton staff that they were required return their blackberries and
that the only materials [that they] were allowed leave with were [their] personal photos
that may have been taken [their] State Department blackberries and [their] contact[]
-9-
Case 1:13-cv-01363-EGS Document Filed 07/08/16 Page
[lists]. See id. 137:11 137:17. [E]verything else was left our laptops, preserved our
laptops. And was given disk, disk, that had contacts and photos it.
And left with that. Everything else stayed. See id. 137:19 138:1. Either that same
meeting another, procedures were provided for packing the secretary office. See id.
142:12 143:10. These procedures included packing items allowed removed boxes that
were not sealed until the protocol office had signed off the items. See id.
Further, one appears have informed Mr. Finney, either the meeting afterwards,
about the tens thousands State Department-related emails the clintonemail.com system
even though all the staff present the meeting communicated with Secretary Clinton and Ms.
Abedin their clintonemail.com email accounts. See Abedin Deposition 143:22-145:10.
addition, Ms. Abedin testified that she was not aware any instructions provided Secretary
Clinton with respect official emails the clintonemail.com system. See id. 143:11
143:15. Nor did Ms. Abedin remember she anyone else asked Secretary Clinton for any
instructions with respect official emails the system. See id. 143:16 143:21.
result, Secretary Clinton testimony necessary determine what she understood her
obligations with respect official State Department records when she left office and why
record management officials apparently were not advised about official, government records
the clintonemail.com system when the secretary transitioned out the department, especially
given the very limited amount materials that were allowed taken and the strict protocols place preserve federal records and federal property. Answers these questions will
provide clarity the purpose and use the system.
Case 1:13-cv-01363-EGS Document Filed 07/08/16 Page
Secretary Clinton choice type email system conduct official
government business. the beginning her tenure secretary, Secretary Clinton chose not use the State
Department email system even commercially available email system such Gmail.
Because this decision, Secretary Clinton emails were not archived. See Statement FBI
Director James Comey the Investigation Secretary Hillary Clinton Use Personal
E-Mail System, available https://www.fbi.gov/news/pressrel/press-releases/statement-by-fbidirector-james-b.-comey-on-the-investigation-of-secretary-hillary-clintons-use-of-a-personal-email-system Because she was not using government account even commercial account
like Gmail there was archiving all her e-mails There dispute that Secretary
Clinton used commercial email system her att.blackberry.net address U.S. senator
before transitioning her clintonemail.com account when she became U.S. Secretary State.
See Abedin Deposition 42:10 43:14. The change non-archived system after becoming
U.S. Secretary State noteworthy because archiving system would have ensured that her
official emails were preserved for future use, access, and review. The absence archiving
system raises further questions about the purpose the clintonemail.com system that only
Secretary Clinton can answer.
Mr. Pagliano role creating and operating the clintonemail.com
system.
Mr. Pagliano was Schedule political appointee the State Department Bureau
Information Resources Management. See Kennedy Deposition 70:10 71:20. that
capacity, Mr. Pagliano appears have assisted the department resolving issues affecting the
ability State Department employees use their official accounts send emails and receive
Case 1:13-cv-01363-EGS Document Filed 07/08/16 Page
emails from the clintonemail.com system. See Exhibit document Before his appointment,
Mr. Pagliano had worked information technology specialist for Secretary Clinton 2008
presidential campaign. See Abedin Deposition 23:1 24:6 and Mills Deposition 93:14
94:8; 155:1 155:16. Mr. Pagliano also provided information technology services for Secretary
Clinton and/or former President Clinton while employed the State Department. See Abedin
Deposition 61:6 63:12; 70:3 70:12; Mills Deposition 93:14 94:8; 160:10 161:4; and
Kennedy Deposition 70:13 73:15.
Because Mr. Pagliano invoked his Fifth Amendment right against self-incrimination and other witness could provide meaningful testimony about how why Mr. Pagliano was
appointed the work may have performed the clintonemail.com system, either for the
State Department for the secretary and/or President Clinton, Plaintiff has been unable
develop evidence from this important source. result, Secretary Clinton testimony
necessary develop full understanding Mr. Pagliano appointment and the role played the clintonemail.com system.
***
Plaintiff recognizes the significance asking former agency head and presumptive
nominee for president sit for deposition.5 the primary driving force behind and principal
user the clintonemail.com system, however, Secretary Clinton testimony crucial
understanding how and why the system was created and operated. also crucial
See Landmark Legal Foundation Environmental Protection Agency, 959 Supp.
175 (D.D.C 2013) (permitting the deposition former agency head determine use private
email account for official government business).
Case 1:13-cv-01363-EGS Document Filed 07/08/16 Page
understanding why the secretary chose use the system for all her official email
communications, not only initially but also after the system proved problematic for the
department, top departmental officials, and the secretary herself. Plaintiff has attempted
obtain much evidence possible from other State Department officials, but Secretary Clinton indispensable witness and significant questions remain, including why records management
officials apparently had knowledge the system when many other officials used the
system communicate with her. Consequently, Secretary Clinton deposition necessary.
Plaintiff proposes that the deposition taken time and place most convenient Secretary
Clinton schedule and that the deposition not exceed three hours length. Plaintiff
concurrently providing copy this motion Secretary Clinton personal attorney.
II.
Clarence Finney.
The State Department identified Mr. Finney the Director Office Correspondence
and Records the Executive Secretariat S/ES-CRM which had day-to-day responsibility for
records management and research, including conducting and coordinating searches response
FOIA requests, during Secretary Clinton and Ms. Abedin tenure.6 See Exhibit 1-2. Mr.
Finney responsibilities included determining what searches were conducted within the
Office the Secretary response FOIA requests. See Lang Deposition 35:19 36:7.
addition, Mr. Finney office was responsible for inventorying other accounting Secretary
When asked whether the Office the Executive Secretariat had its own FOIA guidance operating procedures, Executive Secretary Mull testified that could not recall any specific
document but that Mr. Finney was aware his responsibilities, based his assurances. See
Mull Deposition 39:7 39:15.
Case 1:13-cv-01363-EGS Document Filed 07/08/16 Page
Clinton and Ms. Abedin emails. See Exhibit 3-4. result, Mr. Finney should have
personal knowledge about how Secretary Clinton records were managed and how FOIA
requests for Secretary Clinton records were processed while she was secretary.7
The evidence suggests that Mr. Finney was not aware the clintonemail.com system.
Ms. Abedin did not know whether Mr. Finney was aware that both she and Secretary Clinton
used clintonemail.com email accounts conduct official government business. See Abedin
Deposition 44:17 45:22; 46:18 46:21. Mr. Finney had least two conversations about
Secretary Clinton email practices. The first occurred when Secretary Clinton took office. See
Lang Deposition 61:13 63:3. The second occurred when Mr. Finney saw photograph
Secretary Clinton using Blackberry. See id. 63:18 64:9. addition, Ms. Abedin testified
that, early Secretary Clinton tenure, she and others from the Office the Secretary met with
Mr. Finney discuss what records Secretary Clinton and her staff could bring the State
Department. See Abedin Declaration 46:3 46:17; 135:18 141:22. Another meeting was
held near the end Secretary Clinton tenure discuss what the secretary and her staff could
take with them when they left the department. Id. Mr. Finney does not appear have been
made aware the clintonemail.com system either meeting. Therefore, questions remain
about how and why Mr. Finney was not made aware the clintonemail.com system.
When asked about whether Secretary Clinton communicated with the folks responsible
for records the Executive Secretariat[,] Ms. Mills testified, She engaged with them every
day. Part her day-to-day engagement would with her special assistants, with the Executive
Secretary himself herself, whoever was the Exec[utive] Secretary. She was routine
communication and contact with them. See Mills Deposition 262:7 263:1.
Case 1:13-cv-01363-EGS Document Filed 07/08/16 Page addition, most the testimony provided Karin Lang, the State Department
30(b)(6) designee, came from Mr. Finney. Not only did Ms. Lang testify that she spoke with Mr.
Finney for more than three hours over the course approximately three four times
preparation for her testimony (see Lang Deposition 66:9 66:18), she also testified that she
called Mr. Finney during one the breaks her testimony find answers questions that
arose during her deposition. See id. 186:5 187:3. Although Plaintiff had the opportunity
learn some what Mr. Finney knew did not know about the clintonemail.com system, was
through the filter Ms. Lang and limited the scope the 30(b)(6) deposition. This filtering Mr. Finney knowledge significantly hindered Plaintiff ability gather all the relevant
information. For example, Ms. Lang testified that after Mr. Finney saw photograph
Secretary Clinton using Blackberry checked with S/ES-IRM see the secretary was
using state.gov email account. See id. 64:6 65:7. When asked about specifics Mr.
Finney conversation with S/ES-IRM, the State Department objected the question being
outside the scope the notice 30(b)(6) topic and instructed the witness not answer. See id.
addition, Ms. Lang testified that she did not know Mr. Finney had any additional conversations
with S/ES-IRM about Secretary Clinton use/non-use state.gov email account. See id.
Simply put, Mr. Finney can provide direct testimony concerning whether knew about
the clintonemail.com system, what efforts made find out what systems Secretary Clinton
was using for her official emails, what was told about the use the unofficial system
Secretary Clinton and Ms. Abedin conduct official government business, and, perhaps most
significantly, what was not told about the system.
Case 1:13-cv-01363-EGS Document Filed 07/08/16 Page
III.
John Bentel.
Contrary Mr. Bentel public claims which were the reason why Plaintiff did not
initially seek depose him the evidence strongly suggests that Mr. Bentel possesses specific
knowledge about Secretary Clinton use the clintonemail.com system conduct official
government business. also suggests that Mr. Bentel his staff failed inform Mr. Finney
and others within S/ES-CRM the office responsible for maintaining the secretary records and
overseeing searches those records response FOIA requests that Secretary Clinton was
conducting official government business unofficial email system. The evidence also
suggests, noted above, that when asked his staff about Secretary Clinton use nonstate.gov email account conduct government business, Mr. Bentel instructed them not
discuss the issue. result, obtaining Mr. Bentel testimony essential determine what
knew, when knew it, and why did not share the information with the appropriate State
Department officials employees responsible for responding FOIA requests.
Specifically, during Secretary Clinton tenure the State Department, Mr. Bentel was
director S/ES-IRM, the office responsible for information technology for the Office the
Secretary. that capacity, oversaw employees that helped facilitate Secretary Clinton use the clintonemail.com system. For example, noted above, employees within S/ES-IRM
worked with the State Department general information technology department resolve issues
affecting the ability emails transmitted through Secretary Clinton email account reach
State Department officials and employees using their state.gov email accounts. See Exhibit
document addition, Mr. Bentel appears have been made aware the clintonemail.com
server early March 2009, when review communications systems Secretary Clinton
Case 1:13-cv-01363-EGS Document Filed 07/08/16 Page
residence was undertaken and the server was identified Unclassified Partner System. See
Exhibit document
Moreover, the May 2016 OIG report found Mr. Bentel told employees his office that
Secretary Clinton unofficial email system had been approved the State Department and
instructed the employees not discuss the issue:
Two staff S/ES-IRM reported OIG that, late 2010, they each discussed
their concerns about Secretary Clinton use personal email account
separate meetings with the then-Director S/ES-IRM. one meeting, one staff
member raised concerns that information sent and received Secretary Clinton
account could contain Federal records that needed preserved order
satisfy Federal recordkeeping requirements. According the staff member, the
Director stated that the Secretary personal system had been reviewed and
approved Department legal staff and that the matter was not discussed
any further. According the other S/ES-IRM staff member who raised
concerns about the server, the Director stated that the mission S/ES-IRM
support the Secretary and instructed the staff never speak the Secretary
personal email system again.
See OIG Report 40.
Mr. Bentel also reminded Secretary Clinton staff about FOIA requirements. noted
above, August 30, 2011, Monica Hanley, assistant Secretary Clinton, emailed Mr. Bentel
and asked him what Secretary Clinton email address would State Department
Blackberry. response, Mr. Bentel stated, part, You should aware that any email would through the Department infrastructure and [be] subject FOIA searches. See Exhibit
document
Finally, when Ms. Lang, the State Department 30(b)(6) designee, reached out Mr.
Bentel prepare for the 30(b)(6) deposition, Mr. Bentel, through counsel, declined speak with
Case 1:13-cv-01363-EGS Document Filed 07/08/16 Page
Ms. Lang. See Lang Deposition 152:19 152:20. result, Plaintiff was unable learn
through Ms. Lang whatever relevant knowledge Mr. Bentel possesses.
***
WHEREFORE, Plaintiff respectfully requests that the Court authorize Plaintiff take
the depositions Hillary Clinton, Clarence Finney, and John Bentel within four weeks.
Dated: July 2016
Respectfully submitted,
/s/ Michael Bekesha
Michael Bekesha
D.C. Bar No. 995749
JUDICIAL WATCH, INC.
425 Third Street S.W., Suite 800
Washington, 20024
(202) 646-5172
Counsel for Plaintiff Judicial Watch, Inc.
Case 1:13-cv-01363-EGS Document 97-1 Filed 07/08/16 Page
Exhibit
Case 1:13-cv-01363-EGS Document 97-1 Filed 07/08/16 Page
UNITED STATES DISTRICT COURT
FOR THE DISTRICT COLUMBIA
WDICIAL WATCH, INC.,
Plaintiff,
UNITED STATES DEPARTMENT
STATE,
Defendant.
Civil Action No. 13-CV-1363 (EGS)
DEFENDANTS RESPONSES AND OBJECTIONS
PLAINTIFFS INTERROGATORIES accordance with Rule the Federal Rules Civil Procedure, Defendant United
States Department State, and through undersigned counsel, hereby responds Plaintiffs
Interrogatories:
INTERROGATORYN0.1:
Who was responsible for processing and/or responding record requests, including
FOIA requests, concerning emails Mrs. Clinton and other employees the Office the
Secretary?
Response: The State Department objects this interrogatory vague and overbroad
the grounds that fails define responsible concerning; does not define relevant time
period; and does not identify any individual the Office the Secretary, which there were
many who served over the years. The State Department additionally objects this interrogatory the extent that seeks information FOIA requests unrelated Secretary Clinton Huma
Abedin, the individuals identified the Courts May 2016 Order the scope discovery.
The State Department further objects this interrogatory the extent seeks information
Case 1:13-cv-01363-EGS Document 97-1 Filed 07/08/16 Page
regarding processing and/or responding non-FOIA record requests, which beyond the scope discovery ordered the Court. Without waiving its objections, the State Department
provides the following response, which provides information about offices and individuals who
had management responsibility for processing FOIA requests related Secretary Clinton and
Huma Abedin between January 21, 2009 (the date Secretary Clinton took office) and February
19, 2016 (the date which the State Department filed its final search declaration this matter).
The Office Information Programs and Services (IPS) serves the primary point
contact and principal advisor all matters concerning the management information,
including with respect requests pursuant the Freedom Information Act (FOIA). FAM
214.2(b). The Director IPS responsible for processing and responding requests for access information under the FOIA. C.F.R. 171.11. The IPS Directors from January 2009
February 2016 were: Margaret Grafeld (from before January 2009 March 2010), Alex
Galovich and Charlene Thomas (Acting Co-Directors from March 2010 December 2011),
Sheryl Walter (December 2011 March 2014); and John Hackett (Acting Director: March 2014
-June 2015; Director: June 2015 March 2016).
Upon receipt FOIA request, JPS staff evaluate the request determine which
offices, overseas posts, other records systems within the Department may reasonably
expected contain the records requested. FOIA request concerning emails former
Secretary Clinton and/or Ms. Abedin was typically sent the Office Correspondence and
Records the Executive Secretariat (S/ES-CR). S/ES-CR had day-to-day responsibility for
records management and research, including conducting and coordinating searches response
FOIA requests. See FAM 022.2-3 (August 2001). During former Secretary Clintons and
Ms. Abedins tenures, the Director S/ES-CR was Clarence Finney. Effective January 21,
Case 1:13-cv-01363-EGS Document 97-1 Filed 07/08/16 Page
2013, S/ES-CR was merged with another Executive Secretariat office, the Executive Secretariat
Staff (S/ES-S). Currently, the Correspondence, Records, and Staffing Division S/ES-S
responsible for proper records management documents for Department principals, well
retrieval archived documents upon request. FAM 022.2-2(2). Clarence Finney has held the
position Deputy Director S/ES-S and head the Correspondence, Records, and Staffing
Division from the time the merger the present. The Directors S/ES-S since the time
the merger have been Paul Horowitz (January 2013 March 2014), MaryKay Carlson (March
2014 November 2014), Mary Katherine Stana (December 2014 July 2015) and Karin Lang
(July 2015 the present).
INTERROGATORY NO.
Who was responsible for the inventorying other accounting Mrs. Clintons and Ms.
Abedins emails, records, and information?
Response: The State Department objects the terms responsible, inventorying,
accounting, and information vague and overbroad. The State Department additionally
objects this interrogatory the grounds that exceeds the permissible scope discovery
under the Courts Order. The State Department further objects this interrogatory the
grounds that does not identify relevant time period. Without waiving its objections, the State
Department provides the following response, which provides information about offices and
individuals who had management responsibility for records management Secretary Clintons
and Huma Abedins documents between January 21, 2009 (the date Secretary Clinton took
office) and February 19, 2016 (the date which the Department filed its final search declaration this matter).
Case 1:13-cv-01363-EGS Document 97-1 Filed 07/08/16 Page
The Executive Secretariat {S/ES) responsible for records management documents
for Department principals well retrieval archived documents upon request. FAM
022.2-2(2). Within S/ES-S, until January 21, 2013, the Office Correspondence and Records
{S/ES-CR) had day-to-day responsibility for records management. See FAM 022.2-3
{August 2001). During former Secretary Clinton and Ms. Abedins tenures, the Director
S/ES-CR was Clarence Finney. Effective January 21, 2013, this office was merged with another
Executive Secretariat office form the Executive Secretariat Staff {S/ES-S). Clarence Finney
has held the position Deputy Director S/ES-S and head the Correspondence, Records,
and Staffing Division from that time the present. The Directors S/ES-S since the time the
merger have been Paul Horowitz {January 2013 March 2014), MaryKay Carlson {March 2014 November 2014), Mary Katherine Stana {December 2014 July 2015) and Karin Lang (July
2015 the present).
INTERROGATORY NO.
Who was responsible for responding Plaintiffs FOIA request from the date
submission the present?
Response:
overbroad.
The State Department objects the term responsible vague and
Without waiving its objections, the State Department provides the following
response, which provides information about offices and individuals who had management
responsibility for responding Plaintiffs FOIA request from May 21, 2013 (the date the
Plaintiffs FOIA request) February 19, 2016 (the date which the Department filed its final
search declaration this matter).
The State Department incorporates its response Interrogatory No. reference.
Case 1:13-cv-01363-EGS Document 97-1 Filed 07/08/16 Page
The Director the Departments Office oflnfonnation Programs and Services (IPS)
responsible for responding requests for access information under the FOIA, including
Plaintiffs FOIA request. C.F.R. 171.11. The IPS Directors during the period from the date
submission Plaintiffs FOIA request the present were: Sheryl Walter (December 2011 March 2014); and John Hackett (Acting Director: March 2014 June 2015; Director: June 2015 March 2016). Within IPS, the Statutory Compliance and Research Division administers the
Department statutory responsibilities providing public access information under the
FOIA, including through coordinating with regional and functional bureaus respond public
requests for records. FAM 214.2-3. the time Plaintiffs FOIA request was submitted the
Department May 2013 until the time entered litigation September 2013, the Statutory
Compliance and Research Division was responsible for responding Plaintiffs FOIA request.
The Statutory Compliance and Research Division Chief from May 2013 through September 2013
was Patrick Scholl. the time Plaintiffs FOIA request entered litigation September 2013,
the Litigation and Appeals Branch within IPSs Programs and Policies Division was responsible
for responding the request. The Programs and Policies Division Chief during the period
September 2013 February 19, 2016, was Karen Finnegan Meyers. The Branch Chief
responsible for the Litigation and Appeals Branch during the period September 2013
February 19, 2016, was Susan Weetman.
INTERROGATORY NO.
Which State Department officials and employees had and/or used account the
clintonemail.com system conduct official government business?
Response: State objects this interrogatory the grounds that has never possessed
controlled clintonemail.com, does not now possess control clintonemail.com, and thus has
Case 1:13-cv-01363-EGS Document 97-1 Filed 07/08/16 Page
method identifying which State Department officials and employees had and/or used
account clintonemail.com conduct official government business.
Subject the foregoing objection, State aware that Secretary Clinton and Huma
Abedin had such accounts. See Clinton Declaration (Aug. 2015) (ECF No. 22-1). the interrogatories, see Attachment the objections:
Dated: May 25, 2016
BENJAMIN MIZER
Principal Deputy Assistant Attorney General
MARCIA BERMAN
Assistant Director
Isl Steven Myers
CAROLINE LEWIS WOLVERTON (DC 496433)
Senior Trial Counsel
STEVEN MYERS (NY 4823043)
Trial Attorney
United States Department Justice
Civil Division, Federal Programs Branch Massachusetts Avenue, N.W.
Washington, D.C. 20530
Tel.: (202) 305-8648
Fax: (202) 616-8460
Email: steven.a.myers@usdoj.gov
Attorneys for Defendant
Case 1:13-cv-01363-EGS Document 97-1 Filed 07/08/16 Page
ATTACHMENT
Case 1:13-cv-01363-EGS Document 97-1 Filed 07/08/16 Page
VERIFICATION Karin Lang, pursuant U.S.C. 1746, declare under penalty perjury that the
interrogatory answers contained Defendants Responses and Objections Plaintiffs
Interrogatories are true and correct the best knowledge, and upon information and
belief.
Dated: May 25, 2016
Director the Executive Secretariat Staff
U.S. Department State
Case 1:13-cv-01363-EGS Document 97-1 Filed 07/08/16 Page
CERTIFICATE SERVICE hereby certify that May 25, 2016, served the foregoing Responses and Objections Plaintiffs Interrogatories electronic mail the following:
Michael Bekesha
Paul Orfanedes
Ramona Cotca
James Peterson
JUDICIAL WATCH, INC.
425 Third Street,
Suite 800
Washington, 20024
mbekesha@j udicialwatch.org
porfanedes@judicialwatch.org
rcotca@judicialwatch.org
jpeterson@judicialwatch.org
ls/Steven Myers
STEVEN MYERS
Case 1:13-cv-01363-EGS Document 97-2 Filed 07/08/16 Page
Exhibit
Case 1:13-cv-01363-EGS Document 97-2 Filed 07/08/16 Page
Case 1:13-cv-01363-EGS Document 97-2 Filed 07/08/16 Page O52 63;1FIED
U.S. Department State Case No. D-2016-06755 Doc No. C06052763 Date: 0612012016
From:
Sent:
To:
Cc:
SUbject:
Attachments:
Lee. Purcell
Tuesday, March 17, 20091:35
Wagganer, Kevin Bente~ John Scott, Andrew
[_LEASE ~ART
Duncan. Bruce
Secretary Residential Installation Hotwash
Secn!tary Residential ~taflation Hotwash.docx
Attached the agenda/talkJng points for the hot wash
UNCLASSIFIED U.S. Department State Case No. 0-2016-06755 Doc No. C06052763 Date: 0612012016
Case 1:13-cv-01363-EGS Document 97-2 Filed 07/08/16 Page 60527 64FIED U.S. Department State Case No. D-2016-06755 Doc No. C06052764 Date: 0612012016
Secretary Residential Installation Hotwash Eguipment location: Unclassified Partner System:
REVIEW AUTHORITY: Archie
Bolster, Senior Reviewer Server: Basement Telephone Closet
ii. Telephone Set: Various rooms Classif}ed Fax: STE/Secure Fax: Third Floor Classified Red Switch: Third Floor Statu Installation: Unclassified P~er Telephone System: Completed. ClSsified STF/Fax: Completed Classified Red Switch: C~mpleted Unclassified Ops Drop: Verizon still working fin~ize path. CMS Classified Video: Declined CMS Classified Voice: Declined Issues: Telephone Services were not available upon arrival Analog lines (2) for the Partner system was not ordered. Red Switch Technicians arrived days later than scheduled. SDS Data Cable was Jeft Washington Former Presidents wireless headset was disconnected Secretary Clintons headset noise cancelling was not selected Speed Dial for Secretary Clinton Unclassified telephone was not
working properly. Secretarys Clintons business lines were not set. Hunt Group.
UNCLASSIFIED U.S. Department State Case No. D-2016-06755 Doc No. C06052764 Date: 06/20/2016
Case 1:13-cv-01363-EGS Document 97-2 Filed 07/08/16 Page
Case 1:13-cv-01363-EGS Document 97-2 Filed 07/08/16 Page 527 FIED .U.S. Department State
Case No. D-2016--06755 Doc No. C06052766 Date: 06/20/2016 
Saturday, November 13, 2010 1:40
Huma Abedin 
Re:
From:
Sent:
To:
Subject:
!RELEASE FULlJ
Letsger.sepmee ordevia: bat dodt WUl any risk the pmoml beinc accesnlile.
Also, didnt get ops email. only the Jake rorwllJdi~ respo~e Dan Kyi.
EVIEW AUTHORITY: Archie
olster, Senior Reviewer
-Original Memge-
From: Hiuna Abcdin
To:H
Sent Sat Nov 13;21:532010
~llbjed: Re: should tllkaboal pullhlg)Oll Oil :st11eemall releasing your email address the cfepartmem you aot oln spun. Jts
not thepbom:message sysrmn. its die device dday.
-Odginal Message-
F1t1111:
To: 11111111 Abedin 5-:SllNov 13:94:4 7lo
SubjcctRe: emailed back )cS bill ops told 1hey diddl bear fmm )OU dlddl make call whicb jllSl ordered lh:m do. Also Jake said bed
been. uylag Jach and ops said Ibey had c:llJcd you about thll too. Ibis aot ggod S)SleJll.
-Original Me.mgc-
From: Huma Abedin
To:H
Sent: Sal Nov 12:21:17 2010
Subjcct:RE:
Kaucbmcan 12:.fS
ok? 09/01/2015
UNCLASSIFIED U.S. Department State Case No. 0-2016--06755 Doc No. C06052766 Date: 0612012016
Case 1:13-cv-01363-EGS Document 97-2 Filed 07/08/16 Page
Case 1:13-cv-01363-EGS Document 97-2 Filed 07/08/16 Page IFIED U.S. Department State Case No. D-2016-06755 Doc No. C06052767 Date: 06/20/2016 :...-.
!RELEASE FULL!
Archie Bolster,
SSiA~le.gcw
enior Reviewer Olfglnll Message Ftom: .JoM
Sent: Tues$Y, August30, 2011 04:15
To: ffarilV, Manlca
9bjm: RE: l>!ny
Mmlca: actully IWXOWlt pn!Vloustf set up: 1h!re some old emals
but none slla .1lr1 111- ca.fd get rid ~them.
Ycu shoUfd bit aware thlt1ny ernel wauld through the Departments lnfiastruClln and Sib.feet
FqJA 5lln:hes.
.i:
Li!t know MY~ and wfaat lDtl WOIJfd Ice do.
Thilnbl
lofln
sau
11lls emall UHC1ASSJAB)
-Ortghi1 Me5sage
Fnm:_Hanley, Monica
Sent: Tuesdav, August 30, 2011 3:59 Beal, .lnl
Sutfed: beiry Yt!ll JaQY what her email adcnss would state dept berry?
UNCLASSIFIED U.S. Department State Case No. D-2016-06755 Doc No. C06052767 Date: 06/20/2016
Case 1:13-cv-01363-EGS Document 97-2 Filed 07/08/16 Page
Case 1:13-cv-01363-EGS Document 97-2 Filed 07/08/16 Page
C060527721FlED U.S. Department State Case No. ~2016-06755 Doc No. C06052n2 Date: 06/20/2016
From:
To:
Dab!:
Mt!lGQvm
Alj:dln HtfM
Saturday, Oclxlber 29, 201111:52:17
Fyl dlntonemafl.com down due outage with our ISP.
Our actual systems are up. looks long term past tomorrow will reroute the mall. oscar can tell hrc
(RE
LEASeJN
FULY
~EVIEW AUTHORITY: Arehle Bolster.
enior Reviewer
UNCLASSIFIED U.S. Department State Case No. ~2016-06755 Doc No. C06052n2 Date: 06/20/2016
Case 1:13-cv-01363-EGS Document 97-2 Filed 07/08/16 Page 605277 8>1FIED U.S. Department State Case No. D-2016-06755 Doc No. C06052778 Date: 06/2012016
From:
Jv:;rtn Crmer
Ta:
subject:
Ahrrlp IUJll
OPr f3!m: )!1t [)ay!d!;gn
Re: menbllned not WCltdng
oa~
111~.
.!RELEASE FULU
December 29, 201111:46:03 issues our end. know parts the house there have bad service.
Adding and oscar who are there see they are having trouble
REVIEW AUTHORITY: Archie
Bolster, Senior Reviewer
From: Abedin, Huma [mailto:AbedlnH@state.gov]
Sent Thursday, December 29, 2011 11:42
To: Justin Cooper
subject: Fw: mentioned not WOfk!ng
Are having problems with clintonemall? Not usually otherwise is~ue punta cana
From: Meehan, Bernadette
sent: lhursday, Dea!mber 29, 201111:06
To: MiHs, Cheryl SUiiivan, Jacob Abedln, Huma; Hanley, Monica
Cc:: Wells, Allee S_SpecialAssistants
Subject: mentioned not working the call with Blair, Smentioned her down and she not getting emails. Not sure this
battery .Issue ~something. wrong with the BB, but FYI.
UNCLASSIFIED U.S. Department State Case No. D-2016-06755 Doc No. C06052778 Date: 0612012016
Case 1:13-cv-01363-EGS Document 97-2 Filed 07/08/16 Page
UNCLASSIFIED U.S. Department State Case No. 0-2016-06755 Doc No. C06052779 Date: 06/21/2016
From:
l!J:;t!Q Cooper
Ta:
Miik
P1C!Y
)po
=--i Aha!!n
Hwn4
Subjed:
Re: wam1no: could not send message tar past hours
Dlte:
s.turday, Febnllry 27. 2010 5:53:42 funny. are the same seiver.
RELEASE
_[PART 07,06 Original Message --From: Mms,eiervr l
To: jcooper
; Abedin, Huma 
Sent: Sat Feb 08:00:15 2010
SUbject: Fw: Warning: could not send message for past hours
06)
REVIEW AUTHORITY: Archie
Bolster, Senior Reviewer
Fyl hrc email coming back server okay?
Origlnal Message
From: postmaster 
To: Mills, Cheryl
Sent: Sat Feb 03:05:06 2010
Subject: Warning: could not message for past h_urs
This MIME-encapsulated message
.-o1R856Uc.010583.1267257906/e_server~
${daemon~as}
${fe_dient
${1f_-addr
${fe_shelo)state.gov
...._ __,
THIS WARNING MESSAGE ONLY
YOU NOT NEED RESEND YOUR. MESSAGE
The lgfnal message was received Sat, Feb 2010 03:41:40 GMT
from:

Transaipt session follOws
451 4.4.1 reply: read error from mall.dintonemall.eom.
... Deferred: Connection timed out with mall.dlntonemall.com.
Warning: message still undelivered after hours
Will keep trying until message day old
olR856UgJ10583.1267257906/e_server~
${fe_shelo}state.gov
$(daemon_ftags}
${fe_dlentC:-
${1f_addr]
....__
__,:J
content Type: message/delivery-status
Reporting-MTA: dns; e_server]
${fe_shelo)state.gov
....___ __.
${daemon_flags}
${fe_cllenllJ~~-=-- ::L
${1f_addr]-::====_J=--------.
${fe_che/o]
${auth_authen}
UNCLASSIFIED U.S. Department State Case No. D-2016-06755 Doc No. C06052779 Date: 06/21/2016
Case 1:13-cv-01363-EGS Document 97-2 Filed 07/08/16 Page
UNCLAS~IFIED U.S. Department State Case No. 0-2016-06755 Doc No. C06052779 Date: 06/21/2016
${fe_mta}sendmall
S
MDeferred: .Connection timed out with malf.dlntonemail.com.
rRFC822; hdr22@dlntonemall.com
RPFD:
H?P?Retum Path: ~a>-_ -----~
H??Recelved: from vance2.state --W1 ffiESMTI>lci 01R3reo;wrm6
-.99
for ; Fd.-26 Feb 2010 22:11:40 0500
-=:J
fill__Recety~
-_.,,,__,,,.,,....,,,...,......,_____..._.......,...,,...,,.. .._JIWit}1 icrosoft SMTPSVC(6.0.3790.3959);
Fri, Feb 2p10..2:kll:.2COS.OO
H??Recelved:
Mlaosort SMTfromL ..___ __, with
Arrival-Date: sat, Feb 2010 03:41:40 GMT
Final Redplent: RFC822; hdr22@dlntonemall.com
Action: delayed
Status: 4.4.2
Last-Attempt-Date: sat, Feb 2010 08:05:06 GMT
WiH Retry Untll: Sun, ;!8 Feb 2010 03:41:40 GMT
--o1R856Uc010583.126ns7906/e_served
${fe_shelo}state.gov
.__
${daemon_nags}
${fe_dlentll
${1f_addr]_ ....___ __,
Content-Type: message/rfc822
rromr
Return-Path: 
Received:
____________. vance2.state.gov with ESMTP o1R3feOR011956
for ; Frf, Feb 2019 22=.:...::4=1,L ,,_ _..
..... 0=50=0
Received: fromfMTPSVC(6 .0.3790 395) -with Microsoft
Fri, 26~01023. 0SOO
Received: from -....,-- )with
Microsoft SVC{O.Q.3/90.3959);
Fri, ~!..2010 23; 13:2t:Q.S.
Received: from
with Microsoft
SMTPSVC(6.0.3 90:2499)....-
Fri, Feb 2010 Z3:13:20 0500 MlmeOLE: Produced Mlaoso~ Exchange V6.S
Content dass: um:content-classes:message
MIME-Version: 1.0
Content Type: multipart/mlxed;
boundary= ----=_NextPart_001_01CAB763.16C28431
Subject: Fw: Warning: could not send message for past hours (RESENT COM)
Date: Fri, Feb 2010 23:12:34 0500
Message-ID: dJng: base64
Tm901HN1anUgd2h51HRoZXNllGNhbWUgYmFjayAtlHNjan9sbCBkb3duJGZvdBtZXNzYWcllcwOK
DQot1.5otLSBPcmlnaWShbCBNZXNzYWdllCOtLSOtDQpGcm9tOIBwb3NObWFzdGVyIDxwb3NObWFz
dGVyQHNOYXRILmdvdj4N0RvOIBNaWxscywgQ2hlcnlsIEQNCINlbnQ6 JEZyaSBGZWJgMJYgMjE6
NTM6MjYgMjAxMAOKU3VlamVjdDogV2FybmluZzogY291bGQgbm90IHNlbmQgbWVzc2FnZSBmb3Jg
cGFzdCAOIGhvdXJzDQoNCIAgJCAqldaMz+kTNQw66t8pMwOzzawAAURSs
From: ~Miiis, Cheryl 
To: 
RnlpDQoN09fX19fX19fX19fX19fX 19fX 19fX19fX19fX19fX19fDQoNCkZyb206IE.xld2lzl.CBS
ZXRhJEpvIAOKVG86IE1pbGxzlCBDaGVyeWwgRCANONlbnQ61EZyaSBGZWJgMjYgMTg6MDU6MTcg
MJAA.MAOKU3VlamVjdDogVGhhbmsgeW91UANCgOKDQoNCkNoZXJ5bDoNCgOKIAOKDQpJIHJrf2Vp
dmVklGEgY2FsbC8man9tIFBhdCB-OaGFOIHNhaWQgYWxsIHdvdWxklGJllHRha2VuIGNhcmUgb2Yg
dG9kYXkuICBLiaGFua3Mgc2BgbXVjaC4gIExldOlaxlber 10, 2012 10:55:34 was
back now
EVIEW AUTHORITY: Archie
Bolster, Senior Reviewer Oct 10, 2012, 8:38 AM, Abecfin, Huma wrote:
UNCLASSIFIED U.S. Department State Case No. D-2016-00755 Doc No. C06052780 Date: 06/20/2016
Case 1:13-cv-01363-EGS Document 97-2 Filed 07/08/16 Page 60527 llFIED U.S. Department State Case No. 0-2016-06755 Doc No. C06052781 Date: 06/20/2016
From:
Sent:
To;
Subject:
Mensat:i. Ebenezer
Wednesday, December 22. 2010 2:30
lawren~e. Thomas Jamnies. Trey;
Gazlay, Jay
Wilson, Nancy LaVolpe. Kenneth ;Jacks, Yvette
RE: Meeting with Huma
!RELEASE PART
06,07
Thahk you Thomas and also appreciate all the assistance and team coordination this matter well. will c-9ritinue work with your team long this and all other ScanMall Issues persist. So, please not hesitate call keep the loop there are any Issues concerns relating ScanMail have any questions. have couple.of
eetings
schedule with bo~h VIRT/Trenct Micro support this matter and wlll continue highlight the continuous problem
areas well uler frustrations going forward. Aga In, thanks fpr all the local assistance this ina~~r. REVIEW
UTHORITY:
hie Bolster,
enlor Revfewe
Ebenezer Mensah
ExcharigeSystems Enginel!r
IF(MIOP~SOIE~l
SkyePoiflt Decisfons Support Contractor
(2Q2) 634-Q278
Mensa!Jet@State@oV
------------------- --- --- ---- ------- From: Lawre.nceJ Thomas
SentWedneSday, December 22, 2010 12:22
To; Mensah, EberiezerT; Jammes, Trey; Gazlay, Jay
Cc: Wilson, Nancy LaVolpe, Kellneth Jacks, Yvette
Subject: RE: Meeting with Huma
EQ,
This was call. Because dont haye all the facts what exactly going with SMEX, Idecided.to methodical.
This due the fact both cqntent filtering and anti-virus checking that blocked malicious content the
recent past. we.find the ch.~.nges made are not affective, our next steps will be: Disable Content Filtering-and restartSMTP services Verify- p11>biem continu_ s_. Disable.AV Filtering and restart SMTP services Verify- problem continues-.. EsCi!late will c6ntlnue communicate with you over the next couple days have asked you.
Again, thank you for your assistance. Wtille ,iln! frustrated with the situation, please dont misun~erstand that
directed towards you. are appreciative all your efforts.
tom
from: Ml!llScth, Eb;enezer
sent: WedneSday, Decerilber 22, 2010 11:12
To: Jammes, Trey; Gazlay, Jay l:awrence, Thomas
Cc: Wilson, Nancy LaVolpe, Kenneth Jades, Yvette
Subject RE: Meeting with Ht.ma
UNCLASSIFIED U.S. Department State case No. 0-2016--06755 Doc No. C06052781 Date: 0612012016
Case 1:13-cv-01363-EGS Document 97-2 Filed 07/08/16 Page lilFIED
U.S. Department State Case No. D-2016-06755 Doc No. C06052781 Date: 06/20/2016
Jay,
Its correct that An~i-span m~ed disabled perour rec:ommendatlon but that was before started receiving
complaints for these Isolated Issue with categorizer problem~ and through workaround, discover that adding these
two filters our SHs eliminate that problem. And weve ;ilready brought VJRT and Trend Micro attention.
continue work with them daily these Issue and be1Jeve theyre working through those Issues the version
(Pilot) which seem experience similar issue Trey already elaborated (also these new settings are not original
documentation}.
So, order elimlnate the categorizer Issue which seem our primary concern, then you will wantto disable the
two additional filters recommended and will let you know anything changes the near future else you will
not get the user/customer satisfactory result that very issue those filters are still enabled. Thanks.
Attach copy the install~tion gutde for ScanMail
Ebenezer Mensah
Exchange Systems Engineer
IRMIOPSIMSO/EML
SlcyePolnt Decisions Support Contractor
(202) 634-0278
Men5ahet@State.Gov
---Jammes, Trey --------From:
---
---- ...
-..-- -------
Sent: Wednesday, December 22, 2010 9:47
To: Gazlay, lay Lawrence, Thomas Mensah, Ebenezer
Cc: Wilson, Nancy LaVolpe, Kenneth Jacks, Yvette
Subject RE: Meeting with Huma not confident that Trend wfll provide update for SMEX That two revs behind their current offering, SMEX 10,
and they are pushing that (t1,1rrent/y pilot), and they have nelfer not yet been able deliver fool-proof
solution for issue that has been around for least ~ears. unrortunately, have seen similar problems with SMEX
10. EB, correct wrong though, Idont think that have seen the problem with SMEX when running
without the anti-SPAM piece.
Tom, what type update are you looking for 1500? Ido think that turning off anti-SPAM resolution that what
was causing the problem. Did the SMTP setvice ever.get restarted? dont think got answer that.
TreyJammes
---- ---- -----------
From: Gazlay, Jay
.... ...
Sent: Wednesday, December 22, 2010 9:35
To: Lawrence, Thomas Mensah, Ebenezer Jammes, Trey
Cc: Wilson, Nancy LaVolpe, Kenneth Jacks, Yvette
SU_
bject: RE: Meeting with Huma per Instructions from Kenny, last night 7:30 turned otf AntJ-Spam our
bridgeheads,[__ Jand really necessary the other settings, lets
setup conference call later today.
UNCLASSIFIED U.S. Department State Case No. D-2016-06755 Doc No. C06052781 Date: 0612012016
Case 1:13-cv-01363-EGS Document 97-2 Filed 07/08/16 Page 60527 81FIED U.S. Department State Case No. D-2016-06755 Doc No. C06052781 Date: 06120/2016 .... -.. TREND_..... ~--.-.- -MicrosoftE~change.
MICRo-scanMairfnr
.-..... server
eurr.nt
Summary tlm monltar
SSSML.32.U
----
Anti-Spam
VirusSQn
Attachment Bloclcing
Content filb!ring
AnU-Spam
-.-- ..--
S1tytr M1n1qement Aritl
rAdlOn.
Target
Spam c;atch Rate ....
Manual Scan detection leveh m41dlum
Scheduled Scan
~Detect Phlshlng CJ) Updates
Approved Senders Alerts
Em311 from 11ddru1es domain names this Ust ill not i:.d Spam1
(for exampludom ln,r;om, usem C:domaln,com, f:clomaln.com) Reports _..
Logs tabl.gov
Quarantine
Administration
---
Add
Remoye)
Jay Gazlay
Worldwide Information Network Systems
Office: 202.647.4525 Moblle accordance with
e.o. 13526 this message not classlfied.
From: Lawrence, Thomas
Sent: Wednesday, December 22, 2010 8:34
To: Mensah, Ebenezer Jammes, Trey
Cc: Wilson, Nancy LaVolpe, Kenneth Gazlay, Jay
Subject: RE: Meeting with Hum21
Thank you for aIfyour efforts. are grateful for your persistence this matter and are ready assist any
manner. officially indicate the obvious from S/ES-IRM, view this Band-Aid and fear its not 100% fully effective. are
eager for Trend Micro fully resolve, quickly. Iwant update the status 1500 today, even Its nothing
changed.
Trey you agree with position? not. please simply contact direct. Thanks
tom
From: Mensah, Ebenezer
Sent: Wednesday, December 22, 2010 8:10
To: Lawrence, Thomas Jammes, Trey; LaVolpe, Kenneth Gazlay, Jay
Cc: Wilson, Nancy
Subject: RE: Meeting With Huma
The ant-phishing filters settings should left now, should the filters the instruction sentJay and his
team yesterday. Just you know, were still working with Trend Micro some these filter related issues and will
update you any changes are necessary. Thanks.
Ebenezer Mensah
UNCLASSIFIED U.S. Department State Case No. D-2016-06755 Doc No. C06052781 Date: 06/2012016
Case 1:13-cv-01363-EGS Document 97-2 Filed 07/08/16 Page
C060527 llFIED
U.S. Department State Case No. D-201~06755 Doc No. C06052781 Date: 0612012016
Exc~nge Systems Engineer
IRWOPWJlSO/EML
SkyePoint Decisions Support Contractor
1@pifiW bleilif@Was!61illk$HiIM.airec.e1va@ti