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JW v. State Karin Lang Deposition 01363

JW v. State Karin Lang Deposition 01363

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Date Created:June 9, 2016

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Transcript Karin Melka Lang
Date: June 2016
Case: Judicial Watch, Inc. -v- U.S. Department State
Planet Depos, LLC
Phone: 888-433-3767
Fax: 888-503-3767
Email: transcripts@planetdepos.com
Internet: www.planetdepos.com
Worldwide Court Reporting Interpretation Trial Services THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT COLUMBIA
JUDICIAL WATCH, INC.,
Plaintiff, Civil Action No.
U.S. DEPARTMENT STATE,
Defendant. 13-cv-1363(EGS)
Videotaped Deposition
THE U.S. DEPARTMENT STATE, and Through its Designated Representative
KARIN MELKA LANG
Washington,
Wednesday, June 2016
9:09 a.m.
Job No.:
111974
Reported by:
Debra Whitehead
Videotaped Deposition Karin Melka Lang, Designated Representative
Conducted June 2016
Videotaped Deposition KARIN MELKA LANG, held the offices of:
U.S. DEPARTMENT JUSTICE Massachusetts Avenue,
Washington, 20035
(202) 514-3319
Pursuant notice, before Debra Whitehead,
Approved Reporter the United States District Court
and Notary Public the District Columbia.
PLANET DEPOS
888.433.3767 WWW.PLANETDEPOS.COM
Videotaped Deposition Karin Melka Lang, Designated Representative
Conducted June 2016 BEHALF PLAINTIFF:
MICHAEL BEKESHA, ESQUIRE
JAMES PETERSON, ESQUIRE
PAUL ORFANEDES, ESQUIRE
RAMONA COTCA, ESQUIRE
JUDICIAL WATCH, INC.
425 Third Street,
Suite 800
Washington, 20024
(202) 646-5172 BEHALF DEFENDANT:
CAROLINE LEWIS WOLVERTON, ESQUIRE
LARA NICOLE BERLIN, ESQUIRE
MARCIA BERMAN, ESQUIRE
STEVEN MYERS, ESQUIRE
U.S. DEPARTMENT JUSTICE
CIVIL DIVISION Massachusetts Avenue,
Washington, 20530
(202) 514-2205
PLANET DEPOS
888.433.3767 WWW.PLANETDEPOS.COM
Videotaped Deposition Karin Melka Lang, Designated Representative
Conducted June 2016
ALSO PRESENT:
THOMAS FITTON, President, Judicial Watch
DEREK FOX, Video Specialist
GREGORY LAUDADIO, Judicial Watch
PLANET DEPOS
888.433.3767 WWW.PLANETDEPOS.COM
Videotaped Deposition Karin Melka Lang, Designated Representative
Conducted June 2016
EXAMINATION KARIN MELKA LANG
PAGE Mr. Bekesha Ms. Wolverton
182 Mr. Bekesha
188
(Attached the Transcript)
DEPOSITION EXHIBIT
Exhibit
Exhibit
Materials for Deposition for
F-2013-08812 Mr. Dunagan
2/12/14 Letter from Ms. Walter
PAGE
Exhibit
Preparation for 30(b)(6)
176
Deposition
Exhibit
Defendants Status Report
182
Exhibit
Supplement Defendants
194
August 2015 Status Report
Exhibit
Defendants Status Report
PLANET DEPOS
888.433.3767 WWW.PLANETDEPOS.COM
203
Videotaped Deposition Karin Melka Lang, Designated Representative
Conducted June 2016
VIDEO SPECIALIST:
09:08:53
Here begins Tape Number
09:08:53 the videotaped deposition Karin Lang the
09:09:00
matter Judicial Watch, Inc., versus U.S.
09:09:05
Department State, the United States District
09:09:10
Court for the District Columbia; Civil Action
09:09:14
Number 13-CV-1363.
09:09:18
Todays date June 2016.
the video monitor 9:09.
The time
The videographer today
09:09:30 Derek Fox, representing Planet Depos.
deposition taking place Massachusetts
09:09:41
Avenue, Northwest, Washington, DC.
09:09:46
This video
09:09:25
Would counsel please voice-identify
themselves and state whom they represent.
MR. BEKESHA:
Michael Bekesha, behalf Judicial Watch.
09:09:49
09:09:50
09:09:54
09:09:56
MR. ORFANEDES:
Paul Orfanedes, behalf Judicial Watch.
MS. COTCA:
09:09:36
09:09:56
09:09:56
Ramona Cotca, behalf
Judicial Watch.
MR. PETERSON:
09:09:56
09:10:01
James Peterson, for
Judicial Watch.
PLANET DEPOS
888.433.3767 WWW.PLANETDEPOS.COM
09:10:01
09:10:03
Videotaped Deposition Karin Melka Lang, Designated Representative
Conducted June 2016
MS. WOLVERTON:
for the Department State.
MS. BERMAN:
Marcy Berman, for the
Lara Berlin, Department
State.
Department State.
Steven Myers, for the
MR. FITTON:
09:10:12
09:10:14
Tom Fitton, Judicial Watch
President.
09:10:15
09:10:18
MR. LAUDADIO:
Gregory Laudadio, Judicial
Watch.
09:10:19
09:10:20
VIDEO SPECIALIST:
09:10:10
09:10:12
MR. MYERS:
09:10:08
09:10:10
MS. BERLIN:
09:10:03
09:10:07
Department State.
Caroline Lewis Wolverton,
The court reporter
09:10:20
today Debbie Whitehead, representing Planet
09:10:21
Depos.
09:10:24
Would the reporter please swear the
witness.
09:10:26
KARIN MELKA LANG,
09:10:25
having been duly sworn, testified follows:
MS. WOLVERTON:
Before get started, the
09:10:26
09:10:37
09:10:37
witness does reserve the right read and sign the
09:10:39
transcript.
09:10:41
PLANET DEPOS
888.433.3767 WWW.PLANETDEPOS.COM
Videotaped Deposition Karin Melka Lang, Designated Representative
Conducted June 2016
EXAMINATION COUNSEL FOR PLAINTIFF
09:10:43 MR. BEKESHA:
Great.
09:10:43
Good morning, Ms. Lang. name Michael Bekesha.
Watch, and here ask you some questions about
09:10:53
one Judicial Watchs Freedom Information Act
09:10:55
lawsuits against the State Department, specifically
09:10:59
questions surrounding the creation, purpose, and use
09:11:00 the Clintonemail.com system then Secretary
09:11:02
State Hillary Clinton and Huma Abedin conduct
09:11:06
official business.
09:11:09
Before begin, could you please state attorney for Judicial
09:10:45
and spell your full name, for the record.
Karin Melka Lang.
First name Karin,
09:10:50
09:11:10
09:11:12
09:11:15
K-A-R-I-N; middle name Melka, M-E-L-K-A; last name
09:11:19
Lang, L-A-N-G.
09:11:24
Thank you.
And also like over
few ground rules.
talked you about them, but theyll help the
09:11:30
deposition more smoothly.
09:11:32
Your counsel may have already
09:11:25 you dont hear one questions
dont understand one questions, please let
PLANET DEPOS
888.433.3767 WWW.PLANETDEPOS.COM
09:11:27
09:11:34
09:11:36
Videotaped Deposition Karin Melka Lang, Designated Representative
Conducted June 2016
know, Ill happy either rephrase repeat the
09:11:37
question.
09:11:40
Also, its important that you respond out you shake your head make any hand
09:11:41
loud.
gestures, the court reporter isnt going able
09:11:46 record those sorts things.
09:11:48
Finally, its important that you wait
09:11:43
09:11:51
until done asking questions answer questions.
09:11:52
And counsel has any objections, wait until
09:11:55
counsel done with her objections.
That way the
09:11:57
court reporter can easily record what everybody
09:12:01
saying.
09:12:05
With that, whats your current job title the State Department? the director the Executive
Secretariat staff.
And how long have you been that
position?
09:12:06
09:12:08
09:12:11
09:12:13
09:12:13
09:12:16
Since July 2015.
09:12:18
Okay.
09:12:20
And prior July 2015, what was
your immediate position, immediate past position
09:12:24
the State Department?
09:12:27
PLANET DEPOS
888.433.3767 WWW.PLANETDEPOS.COM
Videotaped Deposition Karin Melka Lang, Designated Representative
Conducted June 2016
09:12:29
Services the U.S. Embassy Mexico. was director American Citizen
09:12:31
And what what was the time period for
that?
09:12:34
09:12:35
July 2013 August 2013 July 2015.
09:12:38
Okay.
09:12:43
And dont want too far back your employment history the State Department,
09:12:46
but just the years from 2009 to, guess, 2013.
09:12:49
you have one position several positions the
09:12:54
State Department?
09:12:56
Did 2009 was chief immigrant visas
the U.S. Consulate Quanzhou, China.
position 2010.
National Defense University.
And July 2011
09:13:11
became Deputy Director the Office Japanese
09:13:18
Affairs the Department State, position
09:13:21
held until July 2013 when went Mexico.
09:13:25
Okay. left that
09:12:58 then spent year the
Thank you.
09:13:04
09:13:07
09:13:29 any those positions between 2009 and
09:13:32
two thousand guess until 2015, did you have any
09:13:37
duties responsibilities related processing
09:13:40
FOIA requests?
09:13:42
PLANET DEPOS
888.433.3767 WWW.PLANETDEPOS.COM
Videotaped Deposition Karin Melka Lang, Designated Representative
Conducted June 2016
MS. WOLVERTON:
Objection.
Beyond the
scope the 30(b)(6) deposition notice.
And Ill instruct the witness not
09:13:43
09:13:45
09:13:49
answer its beyond the scope authorized
09:13:50
discovery.
09:13:54
MR. BEKESHA:
Sure.
Starting when you started your job
09:13:55
09:13:57
July 2015 the Executive Secretariat staff
09:13:59
guess lets before ask you about your specific
09:14:06
job duties, what the general role the
09:14:08
Executive Secretariat staff?
09:14:11
The Executive Secretariat the Executive
Secretariat staff?
09:14:14
09:14:18
The Executive Secretariat staff.
09:14:18
The Executive Secretariat staff
09:14:21
coordinates preparation and reviews all briefing
09:14:23
materials, memoranda, official correspondence for
09:14:26
the Secretary, the Deputy Secretaries, and the Under
09:14:30
Secretaries State.
09:14:34
The Executive Secretariat staff ensures
09:14:37
proper records management for the Secretary and
09:14:39
these other department principals, retrieval
09:14:42
PLANET DEPOS
888.433.3767 WWW.PLANETDEPOS.COM
Videotaped Deposition Karin Melka Lang, Designated Representative
Conducted June 2016
archived documents for the Secretary and other
09:14:44
and these other senior principals.
09:14:48
Executive Secretariat staff also advances the
09:14:51
Secretarys international travel and staffs his
09:14:55
mobile office overseas.
09:14:59
Okay.
And the
Thank you.
09:15:01
Today are going focus
09:15:02
specifically the FOIA obligations, the FOIA
09:15:06
responsibilities the Executive Secretariat staff.
09:15:09
When you started that position July
2015, what specific FOIA training did you have?
MS. WOLVERTON:
Again, beyond
the scope the notice 30(b)(6) deposition.
Ill instruct the witness not answer
Objection.
its beyond the scope authorized discovery.
Could you talk specific generally about
09:15:12
09:15:15
09:15:20
09:15:22
09:15:26
09:15:28
09:15:33
what your responsibilities are when comes
09:15:35
FOIA?
09:15:38
MS. WOLVERTON:
instruction not answer.
MR. BEKESHA:
Same objection, and same
Sure.
How large the Office Secretariat
PLANET DEPOS
888.433.3767 WWW.PLANETDEPOS.COM
09:15:40
09:15:44
09:15:49
09:15:49
Videotaped Deposition Karin Melka Lang, Designated Representative
Conducted June 2016
staff?
How long how large the office the
staff the Executive Secretariat staff?
positions. office full-time equivalent
09:15:58
09:16:02
09:16:04
09:16:08
And how many those employees work
specifically FOIA-related issues?
09:16:08
09:16:09
Full time FOIA-related issues?
09:16:14 guess could break full time
09:16:16 part time.
09:16:19
The office divided into two divisions,
09:16:22
the Advance and Staffing Division and the
09:16:27
Correspondence and Records Division.
09:16:31
The FOIA responsibilities fall into the
The deputy
09:16:32
Correspondence and Records Division.
director that division primarily responsible
09:16:39
for FOIA.
09:16:42
Theres also management analyst that
09:16:35
09:16:44
division who searches for FOIA, responsible for
09:16:46
FOIA.
09:16:50
FOIA searches.
And part-time third employee assists with the director the office, part
duties involve processing FOIA requests.
PLANET DEPOS
888.433.3767 WWW.PLANETDEPOS.COM
09:16:56
09:16:57
09:16:59
Videotaped Deposition Karin Melka Lang, Designated Representative
Conducted June 2016
Okay.
Thank you.
And has the Office
09:17:02
the Executive Secretariat staff always been
09:17:06
responsible for the processing FOIA pros FOIA
09:17:10
requests with respect the Office the
09:17:14
Secretary?
09:17:17
Prior January 2013, the Office
09:17:17
Correspondence and Records within the Executive
09:17:22
Secretariat had that responsibility.
09:17:24
with the Secretariat staff January 2013.
Okay. was merged
And between prior January
09:17:27
09:17:30
2013, from January say January 2009 January
09:17:36
2013, who was the director the Correspondence and
09:17:42
Records office?
09:17:47
The director that office was Clarence
Finney.
09:17:52
And now you said theres Deputy
09:17:52
Director for the what now the Correspondence
09:17:55
and Records Division.
09:17:58
09:17:49
Okay.
Who the Deputy Director for that?
09:17:58 still Clarence Finney.
09:18:01
Okay.
09:18:02
Did any his responsibilities
change with the merger?
PLANET DEPOS
888.433.3767 WWW.PLANETDEPOS.COM
09:18:05
Videotaped Deposition Karin Melka Lang, Designated Representative
Conducted June 2016
No.
Okay. you now?
Yes.
09:18:15
And before that who did report to?
09:18:15
09:18:09
And does Mr. Finney directly report that
Before the merger, sorry.
09:18:13
who did Mr. Finney report to?
Before the merger,
Before the merger, office director,
Between 2009 and 2013, who was the Deputy
Executive Secretary that Mr. Finney reported to?
There was there were several.
09:18:19
09:18:22
Mr. Finney reported Deputy Executive Secretary.
09:18:10
09:18:23
09:18:25
09:18:31
09:18:41
09:18:44
chronological order, starting with January 21st,
09:18:46
2009, Mr. Finneys supervisor, the Deputy Executive
09:18:51
Secretary, was Paul Wohlers.
09:18:56
Could you spell his last name, please?
09:18:59 believe its W-O-H-L-E-R-S.
09:19:01
Thank you.
09:19:07
Starting mid two thousand 2009,
09:19:11
was Kin Moy.
09:19:18
Could you spell that name for us, please?
09:19:20
K-I-N, M-O-Y.
09:19:22
PLANET DEPOS
888.433.3767 WWW.PLANETDEPOS.COM
Videotaped Deposition Karin Melka Lang, Designated Representative
Conducted June 2016
Okay.
Starting mid 2011, was Pamela
And then next?
Quanrud.
09:19:25
09:19:31
09:19:36
Okay.
And after Ms. Quanrud?
09:19:38
Then believe was Julieta Noyes.
09:19:44
Could you spell that name, please?
09:19:47 believe its J-U-L-I-E-T-A, N-O-Y-E-S.
09:19:49
Okay.
09:19:59 the second half 2013.
09:20:02
Okay.
09:20:06
And when did she after after her
chronologically, Mr. Finney started reporting then
09:20:09 the Director or, sorry, the your
09:20:14
current position, the Director the Executive
09:20:16
Secretariat?
09:20:19
09:20:19
When the time the merger,
Mr. Finney reported then began report
09:20:21
the director the combined office, the Director
09:20:24
the Executive Secretariat staff.
09:20:27
Okay.
And that merger took place,
there specific date January 2013?
09:20:31
09:20:35 was effective January 21st, 2013.
09:20:37
Okay.
09:20:39
And who was the Director the
PLANET DEPOS
888.433.3767 WWW.PLANETDEPOS.COM
Videotaped Deposition Karin Melka Lang, Designated Representative
Conducted June 2016
Executive Secretariat staff that time?
09:20:43
Paul Horowitz.
09:20:45
Could you spell that last name, please?
09:20:46
H-O-R-O-W-I-T-Z.
09:20:48
Thank you.
09:20:52
Now that have some the
basic information out the way, just going
09:20:57
lay out the questions have today and where were
09:20:59
going going everybody knows.
09:21:03
today were going discuss three specific topics.
09:21:06
First want discuss the processing
09:21:10
You know,
the FOIA request this case.
Second want
discuss generally the processing FOIA requests
09:21:14
for e-mails Mrs. Clinton and Ms. Abedin during
09:21:16
Mrs. Clintons tenure Secretary State.
09:21:19
And then third and finally, want
09:21:11
09:21:21
discuss generally the processing FOIA requests
09:21:23
for e-mails Mrs. Clinton and Ms. Abedin
09:21:25
subsequent Mrs. Clintons tenure Secretary
09:21:28
State.
09:21:31 were going Ill start off
09:21:33
talking about the FOIA request issue this
09:21:35
case.
09:21:38
PLANET DEPOS
888.433.3767 WWW.PLANETDEPOS.COM
Videotaped Deposition Karin Melka Lang, Designated Representative
Conducted June 2016
First just going ask you confirm
09:21:38 couple dates, and then well back and have
09:21:40 more discussion about those.
09:21:44
With related the FOIA request
09:21:47
issue this date, correct that Judicial
09:21:50
Watch sent the FOIA request May 21st, 2013?
09:21:53
MS. WOLVERTON:
Just clarify, you mean
the FOIA request issue this case?
said this date.
MR. BEKESHA: think you
09:21:57
09:21:58
09:22:01 sorry, this case this case.
09:22:03
09:22:04
Yes.
09:22:07
And the State Department acknowledged and
09:22:07
assigned case number June 5th, 2013?
09:22:11
Yes.
09:22:15
And the case number that was assigned
09:22:16
F-2013-08812?
09:22:19
Yes.
09:22:25
Judicial Watch filed complaint
09:22:25
federal court September 10, 2013.
09:22:31 that correct?
09:22:35
Yes.
09:22:36
PLANET DEPOS
888.433.3767 WWW.PLANETDEPOS.COM
Videotaped Deposition Karin Melka Lang, Designated Representative
Conducted June 2016 correct that the State Department
was served September 15, 2013?
09:22:39 understood the State Department was
served September 17, 2013.
Okay.
09:22:36
09:22:45
09:22:46
Thank you.
09:22:49 correct that letter dated
09:22:52
February 12th, 2014, part the State Department
09:22:55
stated that had completed searches the
09:22:59
following Department State record systems:
The
09:23:03
Central Foreign Policy records, the Bureau Human
09:23:06
Resources, the Office the Executive Secretariat,
09:23:10
and the Office the Legal Advisor?
09:23:12
MS. WOLVERTON:
Objection.
Lack
Assumes facts not evidence.
09:23:15
foundation.
seems that youre referring document.
Perhaps
09:23:20
you could introduce the document and show the
09:23:22
witness she could verify what youre
09:23:24
representing.
09:23:27
09:23:16
MR. BEKESHA:
Sure.
09:23:28
This can marked Exhibit
09:23:30
(Deposition Exhibit marked for
09:23:40
identification and attached the transcript.)
PLANET DEPOS
888.433.3767 WWW.PLANETDEPOS.COM
09:23:50
Videotaped Deposition Karin Melka Lang, Designated Representative
Conducted June 2016
Have you had time review the document?
09:23:50
Yes.
09:24:04
Thank you. this what has been
09:24:05
marked Exhibit February 12, 2014, letter from
09:24:10
the Department State Judicial Watch, advising
09:24:16
Judicial Watch that had completed the State
09:24:20
Department had completed searches within its office
09:24:24 response its FOIA request?
09:24:26
MS. WOLVERTON:
Objection.
The document
speaks for itself.
09:24:28
09:24:29
You may answer the question.
09:24:33
Yes.
09:24:35
All right.
Thank you.
Were now going talk take step
09:24:35
09:24:42
back and talk about the processing the FOIA
09:24:44
request between each those within those dates
09:24:48
that just identified.
09:24:51
Between May 21st, 2013, and June 5th,
09:24:55
2013, did the State Department receive the FOIA
09:25:00
requests from Judicial Watch?
09:25:05 sorry.
Sure.
Can you repeat the question?
Between May 21st, 2013, when the
PLANET DEPOS
888.433.3767 WWW.PLANETDEPOS.COM
09:25:07
09:25:09
Videotaped Deposition Karin Melka Lang, Designated Representative
Conducted June 2016
FOIA request was sent, and June 5th, 2013, when did
09:25:13
the State Department Ill change the question
09:25:17
little when did the State Department receive the
09:25:19
FOIA request?
09:25:21 believe was May 21st.
09:25:24
Okay.
09:25:26 was received the Office
09:25:31
Information Programs and Services within the Bureau
09:25:35 Administration, which has responsibility for FOIA
09:25:36
processing within the Department State.
09:25:38
And who who was received by?
Who within that office received the FOIA
request?
09:25:40
09:25:45
Within the Office Information Programs
09:25:46
and Services, which Ill refer IPS, its
09:25:49
initials, the office the division the
09:25:53
Requester Liaison Division, and the branch that does
09:25:58
initial processing FOIA requests the Requester
09:26:01
Communications Branch.
09:26:06 was received the Requester
Communications Branch. there specific employee that received
the FOIA request within that branch?
PLANET DEPOS
888.433.3767 WWW.PLANETDEPOS.COM
09:26:07
09:26:11
09:26:11
09:26:13
Videotaped Deposition Karin Melka Lang, Designated Representative
Conducted June 2016
No.
Okay.
09:26:16
After IPS received the FOIA
request, what happened next?
09:26:16
09:26:20
The Requester Communication Branch
09:26:23
receives all incoming FOIA requests, reviews them
09:26:27
ensure that theyre complete, and assigns scans
09:26:32
them into the case processing system, assigns them
09:26:35
case tracking number, and then passes them from data
09:26:38
entry initial processing officer for review.
09:26:42
And what date was this FOIA request
09:26:47
transferred the case processing sorry, the
09:26:50
case processing how did you describe that
09:26:53
employee?
09:26:56 sorry.
The initial processing officer.
09:26:57
Initial processing officer.
09:26:59
When when was transferred the
09:27:01
initial processing officer?
Its clear that
09:27:05
the initial processing officer reviewed June
09:27:07
5th.
09:27:11
Its its not clear.
09:27:02
And who was that initial processing
officer?
09:27:14
09:27:16
PLANET DEPOS
888.433.3767 WWW.PLANETDEPOS.COM
Videotaped Deposition Karin Melka Lang, Designated Representative
Conducted June 2016 former employee the Department
State named Holly Woodson.
Okay.
And what happened next?
The initial processing officer reviews
09:27:18
09:27:20
09:27:23
09:27:26
FOIA request ensure that that its proper
09:27:30
request; other words, meets request
09:27:34
for records that are reasonably likely the
09:27:38
State Departments possession, that the request
09:27:40
clear enough actionable, that meets the
09:27:43
other requirements noted our website.
09:27:46
And that that officer then prepares the
09:27:52
draft response letter, the acknowledgment receipt
09:27:54
letter the the requester, which indicates
09:27:57
things like the request for fee waiver, expedited
09:28:02
processing, those kinds questions.
09:28:06
That officer prepares that that
09:28:09
requester letter, which reviewed team leader
09:28:11
for accuracy and then approved.
09:28:14
And who was the team leader that reviewed
09:28:18
and approved the FOIA request introduced sorry,
09:28:21
the document introduced Exhibit
09:28:25 sorry. dont have that information.
PLANET DEPOS
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09:28:27
Videotaped Deposition Karin Melka Lang, Designated Representative
Conducted June 2016 you know who would have that
information?
09:28:30 can consult with IPS.
09:28:34
What happened next?
09:28:36
The once the request approved, again
09:28:39
09:28:28
the initial case processing officer makes sure that
09:28:42
that response scanned into the case file, and
09:28:45
then passes the mail room mail the
09:28:48
requester.
09:28:51
Okay.
What happens next?
The case processing officer makes
The the Requester Liaison
09:28:52
09:28:57
determination.
Division now finished with this FOIA case, and
09:29:05
typically finished with the FOIA case except for
09:29:10
perhaps case status inquiries that might come
09:29:13
later.
09:29:17 this point the Requester Liaison
09:29:00
09:29:17
Division transfers the case the Compliance and
09:29:20
Research Division IPS.
09:29:23
and Research Division, the initial case processing
09:29:29
officer will send one three branches.
09:29:31
Okay.
And within the Compliance
When was when was this
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09:29:35
Videotaped Deposition Karin Melka Lang, Designated Representative
Conducted June 2016
specific FOIA request transferred the Compliance
09:29:38
and Research Division?
09:29:41 June 10th.
09:29:41
Okay.
09:29:43
And after was transferred
June 10th, what happened next?
09:29:51 the branch that was assigned
09:29:54
to, FOIA requests typically come in, are reviewed
09:29:56
the branch chief and assigned one the case
09:30:01
analysts within that branch.
09:30:03
The case this case sorry.
misspoke.
was assigned compliance and research.
09:30:08
09:30:17
Holly Woodson was the case analyst that
Okay. you recall the name the
09:30:19
09:30:21
09:30:22
employee that you was that the management analyst
09:30:25
position?
09:30:30
but you recall forget how you identified her before,
09:30:33
The initial processing officer, sorry,
well have get that information from IPS.
Okay.
Thank you.
What branch?
09:30:36
09:30:39 was June 10th was assigned the case analyst.
09:30:34
You said there
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09:30:48
Videotaped Deposition Karin Melka Lang, Designated Representative
Conducted June 2016
were potentially three branches.
that case analyst in?
What branch was
09:30:50
09:30:53 branch known MPD, which Management
and Public Diplomacy.
09:30:54
09:31:01
And what are the other two branches?
09:31:01
The branches are divided regionally and
09:31:03
functionally.
The other two branches are EAN and
WHA.
09:31:07
09:31:14
What they stand for?
09:31:14
WHA stands for Western Hemisphere Affairs.
09:31:16
And EAN stands for East Asia believe East
09:31:19
Asia, Africa, and Near East.
09:31:26
Okay.
And this specific FOIA request
was transferred the
09:31:31
interrupt.
Oh, not problem.
09:31:35 actually have organization chart.
09:31:37 have sorry.
09:31:28 dont mean
09:31:35
And dont know ...
09:31:32
09:31:42
Thank you.
MR. BEKESHA:
09:32:11
Are these records being
produced today being used for the witnesss
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09:32:23
Videotaped Deposition Karin Melka Lang, Designated Representative
Conducted June 2016
refresh her recollection
MS. WOLVERTON:
them refresh her recollection.
give you copy youd like.
MR. BEKESHA:
MR. BEKESHA:
Were happy
09:32:29
09:32:32
09:32:35
Okay. want introduce the
09:32:36
09:32:38
09:32:40
09:32:52
whole why dont take minute and off the
09:32:53
record.
09:33:05
MS. WOLVERTON:
VIDEO SPECIALIST:
Shes using
guess could introduce Exhibit
MS. WOLVERTON:
Yeah.
That would great.
Yes.
09:32:27
record.
Sure. are going off the
The time 9:33.
09:33:05
09:33:05
09:33:08 recess was taken.)
09:33:10
(Deposition Exhibit marked for
09:33:10
identification and attached the transcript.)
VIDEO SPECIALIST:
record. are back the MR. BEKESHA:
The time 9:34.
Thank you.
09:34:20
09:34:20
09:34:23
09:34:25
And for the record, have
marked the binder Exhibit
Ms. Lang, just for our reference, which
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09:34:27
09:34:32
Videotaped Deposition Karin Melka Lang, Designated Representative
Conducted June 2016
tab were you just referring to?
09:34:35
7C.
09:34:38
And could you just identify what what
09:34:54
Tab is, what are looking at?
Office Information Programs and Services.
09:35:01
09:35:04
Thank you.
09:35:12 once the FOIA request was assigned
Tab organization chart the
09:34:58
09:35:13
the case analyst within the forgot the initial.
09:35:20
Management and Public Diplomacy branch.
09:35:27
Thank you.
09:35:29
Within that branch, what
happened next?
09:35:31
When case analyst receives FOIA
09:35:36
request, the case analyst analyzes the request
09:35:37
determine which bureaus and offices which records
09:35:40 the departments possession should searched
09:35:46
that would reasonably likely contain
09:35:49
responsive records.
09:35:55
Okay.
And when did that and was
09:35:56
determination made this case where where
09:35:58
where should transferred next, what what
09:35:59
departments and bureaus may have potentially
09:36:02
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Videotaped Deposition Karin Melka Lang, Designated Representative
Conducted June 2016
responsive records?
09:36:07
The case analyst made determination that
09:36:08
the Bureau Human Resources would the would
09:36:11 the bureau that would likely have
09:36:15
responsive records.
09:36:20
She also made determination that the
09:36:21
Central Foreign Policy files, which are controlled
09:36:23 IPS, maintained within IPS, should searched.
09:36:27
And when was that determination made?
09:36:33
The tasking the Bureau Human
09:36:37
Resources was sent June 17, 2003 2013.
09:36:42
Excuse me.
And what about the tasking for
the Central Central Foreign Policy records?
Thats not tasking; thats search that
the IPS analyst does him herself.
09:36:51
09:36:53
09:36:55
Oh, okay.
Because its internal IPS.
09:36:59
Okay.
09:37:00
Thank you.
09:36:45
And when was search conducted
the Central Foreign Policy records system?
Its not clear that search was conducted
prior the case going into litigation.
Okay.
Was any other departments
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09:37:03
09:37:10
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09:37:16
Videotaped Deposition Karin Melka Lang, Designated Representative
Conducted June 2016
bureaus tasked that time conduct searches for
09:37:20
potentially responsive records?
09:37:25
No.
Okay.
09:37:28
When was the Office the
09:37:28
Executive Secretariat determined potentially have
09:37:33
responsive records?
09:37:38
After the case went into litigation.
09:37:42 you have specific date when
09:37:43
that happened?
The case was transferred now, you
look the org chart.
09:37:45
09:37:45
09:37:49
Okay.
09:37:51
When case becomes the subject
09:37:56
litigation under the FOIA, transferred from
09:37:59
the Statutory Compliance and Research Division,
09:38:02
the Programs and Policies Division.
09:38:06
Within the Programs and Policies Division,
09:38:11
there branch called Litigations and Appeals.
09:38:14 after the State Department was served, noticed
09:38:18
that the case had entered litigation, the case was
09:38:22
transferred the Litigations and Appeals branch.
09:38:24
That transfer was September 23rd.
09:38:29
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Videotaped Deposition Karin Melka Lang, Designated Representative
Conducted June 2016
Okay.
And who was assigned?
Was
09:38:33
individual assigned within the programs and
09:38:43
policies sorry, within the Litigation and Appeals
09:38:49
branch the specific FOIA request?
09:38:52
Yes.
09:38:54
Who was that person?
09:38:54
Two case analysts were assigned.
Similar
09:38:56 the other the Compliance and Research
09:39:00
Division, when case comes into the Litigation and
09:39:04
Appeals, will assigned one case analyst.
09:39:08 this case was assigned two case analysts,
09:39:11
Saffie Goushe and Robert McNeary.
09:39:15
Could you please spell both those
names, the best you can. can try.
Saffie believe
S-A-F-F-I-E, last name G-O-U-S-H-E.
09:39:21
09:39:28
individual?
09:39:41
Robert, R-O-B-E-R-T, M-C-N-E-A-R-Y.
09:39:41
And why were why was two case analysts
09:39:49
And the other the other
09:39:19
Okay.
09:39:18
assigned this specific FOIA request?
Its not clear from the record, but its
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09:39:52
09:39:56
Videotaped Deposition Karin Melka Lang, Designated Representative
Conducted June 2016
likely because one was training the other.
09:39:58
Which one was the trainee?
09:40:02
Saffie Goushe was the more experienced
09:40:08
litigation analyst.
Okay.
09:40:11
Thank you.
09:40:11
Besides having the file transferred the
09:40:17
Litigation and Appeals branch upon the case the
09:40:22
lawsuit being filed, what else does the department
09:40:26 once case has been once litigation has
09:40:30
commenced?
09:40:33
MS. WOLVERTON:
Objection.
Vague and
09:40:35
vague.
You may answer the question.
09:40:43
When case enters litigation, the Office
09:40:47 the Legal Advisor becomes involved consulting
09:40:51
with the Litigation and Appeals branch IPS.
09:40:53
09:40:42 you know litigation hold
09:41:02
similar notice created provided anyone
09:41:03
within the department?
09:41:05
Yes.
When case enters litigation, the
09:41:09
Litigation and Appeals branch takes look the
09:41:12
status case processing that that time
09:41:16
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Videotaped Deposition Karin Melka Lang, Designated Representative
Conducted June 2016
that enters litigation and reviews what the
09:41:20
status is, takes appropriate steps depending the
09:41:24
status searches the case.
09:41:27
Okay. when the Litigation and Appeals
branch received this FOIA request, what did do?
What were the next steps? reviewed the pending searches.
09:41:29
09:41:35
09:41:39
09:41:40
response had been received from the Bureau Human
09:41:43
Resources that point.
09:41:46
And determined that
additional additional locations within the
09:41:49
department should tasked conduct searches.
09:41:52
And what were those additional locations?
09:41:55
The additional locations were the Office
09:41:59 the Executive Secretariat and the Office the
09:42:03
Legal Advisor.
09:42:05
Okay.
And when was that determination
made?
09:42:05
09:42:07
The taskings were sent out those two
additional offices the first October.
And how are taskings sent out; what the
process?
09:42:12
09:42:15
09:42:18
09:42:22
Taskings are you familiar with the Form
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Videotaped Deposition Karin Melka Lang, Designated Representative
Conducted June 2016
DS-1748?
09:42:29 not.
09:42:31
Okay.
09:42:32
The DS-1748 State Department
form that used for tasking FOIA searches.
09:42:37 filled out the analyst IPS and
09:42:43
typically e-mailed the relevant offices
09:42:47
bureaus that are that are conduct searches.
09:42:50
The form DS-1748 itself contains all the
09:42:55
basic information about the case and instructions
09:42:59
for conducting the search.
09:43:02
the searchers fill the information about who
09:43:07
conducted the search, when the search was conducted,
09:43:10
which files were searched.
09:43:13 also has space for
And who sent this specific case, was tasking e-mail sent the various departments?
09:43:19
09:43:21
Yes.
09:43:24
When were those tasking e-mails sent?
09:43:25
October 1st.
09:43:29
They were all sent the same day?
09:43:30
Yes.
09:43:32
Thank you.
And who sent the tasking
e-mails?
09:43:32
09:43:35
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Videotaped Deposition Karin Melka Lang, Designated Representative
Conducted June 2016 was either Robert McNeary Saffie
Goushe.
09:43:41
09:43:38
Okay. you know which one the two
09:43:41
them decided that additional offices should
09:43:43
tasked?
09:43:46
No.
Okay.
09:43:48
With respect the Office the
09:43:48
Executive Secretariat, who where was that e-mail
09:43:56
sent?
09:43:58
Where was the tasking e-mail sent? was sent Clarence Finney, the
09:44:02
Director the Office Correspondence and
09:44:04
Records.
09:44:07
Correction. that point was the
09:44:08
Division Correspondence and Records within the
09:44:10
Executive Secretariat staff.
09:44:13
Okay. you know when received that
e-mail, when opened the e-mail and read it?
October 1st.
Okay.
09:44:25
09:44:26
What did
09:44:27
Mr. Finney once received October 1st the
09:44:29
task the tasking e-mail?
09:44:34 what happened next?
09:44:14
Mr. Finney assigned when when FOIA
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09:44:37
Videotaped Deposition Karin Melka Lang, Designated Representative
Conducted June 2016
request received from IPS the Executive
09:44:42
Secretariat the Correspondence and Records
09:44:49
Division, typically the Deputy Director, Clarence
09:44:51
Finney, reviews the tasking determine what
09:44:55
searches should conducted, where they should
09:45:00
conducted, based the content the request
09:45:03
itself.
09:45:11
Okay.
Yes.
09:45:13 what did what did Mr. Finney decide
09:45:13
And did that happen this case?
after reviewing the tasking e-mail? decided that the management analyst
09:45:11
09:45:17
09:45:19
within Correspondence and Records should conduct
09:45:25
search.
09:45:27
And how did did then notify the
management analyst this determination?
09:45:34
09:45:36
Yes.
09:45:38
Who was that management analyst?
09:45:38
Jonathon Wasser.
09:45:40
And how did notify Mr. Wasser his
09:45:42
determination?
Typically because theres e-mail that
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09:45:51
Videotaped Deposition Karin Melka Lang, Designated Representative
Conducted June 2016
has come from IPS, the Deputy Director forwards the
09:45:52
e-mail the management analyst because contains
09:45:57
the attachment that the DS-1748 form referred
09:45:59 earlier.
09:46:03
Thank you. you know when Mr. Finney
forwarded that e-mail Mr. Wasser?
09:46:04
09:46:10 dont know the exact date.
09:46:13 you have roughly you have
09:46:14
approximate date roughly the time period that
09:46:18
that happened?
09:46:20
October 2013.
09:46:21
Okay.
09:46:21 you know Mr. Finney
what did Mr. Finney write anything additional
09:46:30
besides, did just forward the e-mail along
09:46:33
Mr. Wasser?
09:46:36
09:46:38
self-explanatory.
09:46:42 said, they they contain all the
Just taskers are really very
information necessary conduct the search.
Okay. this tasker, what offices
09:46:43
09:46:46
09:46:48
within the Office the Executive Secretary were
09:46:58 searched?
09:47:02
Did the tasker identify specific
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Videotaped Deposition Karin Melka Lang, Designated Representative
Conducted June 2016
individuals divisions within the general Office
09:47:04 the Executive Secretariat?
09:47:07
MS. WOLVERTON:
Objection.
Compound.
09:47:07
You may answer the question.
09:47:10
The DS-1748 that comes from IPS does not
09:47:12 into that level detail.
search tasker office bureau.
office bureau, the bureau coordinator determines
09:47:28
which components should conduct searches.
09:47:31
Okay.
Within that that bureau coordinator,
would that have been Mr. Wasser?
No.
Okay.
The IPS sends
The bureau coordinator Mr. Finney. Mr. Finney determined which
offices divisions should searched?
Yes.
Okay.
09:47:17
09:47:23
09:47:37
09:47:41
09:47:43
09:47:46
09:47:48
09:47:51
What offices divisions did
09:47:52
Mr. Finney this case determine needed
09:47:56
searched?
09:47:58
Mr. Finney determined that within the
09:48:01
Executive Secretariat staff, certain databases
09:48:03
should searched.
09:48:06
Jonathon Wasser.
That was what was assigned
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Videotaped Deposition Karin Melka Lang, Designated Representative
Conducted June 2016
Additionally, determined that the
09:48:10
Office the Executive Director within the
09:48:14
Executive Secretariat should conduct search.
09:48:18
Okay.
And how did inform Mr. Wasser
09:48:20
which databases the Office the Executive
09:48:26
Director should searched?
09:48:31 dont know that informed him
09:48:32
specifically this case which databases search.
09:48:34
But Mr. Wasser, experienced management
09:48:42
analyst, was familiar with the databases that were
09:48:44
under the control Correspondence and Records and
09:48:46
available search.
09:48:52
Okay. Mr. Wasser received this task
October 2013.
that task? conducted searches November 2013.
09:49:06
And what searches did conduct?
09:49:09 searched the STARS database, the CARS
09:49:12
What did once received
09:48:52
09:49:05
database, the STEPS database.
09:48:58
Could you lets just talk about each
those very briefly.
What does STARS stand for?
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Videotaped Deposition Karin Melka Lang, Designated Representative
Conducted June 2016
STARS stands for Secretariat tracking and
retrieval system.
09:49:33
And what types records are within the
STARS database?
09:49:31
09:49:35
09:49:38 the time STARS was the official
09:49:39
repository for all memoranda and records the
09:49:40
Office the Secretary, Deputy Secretaries, and
09:49:44
Under Secretaries, including briefing material,
09:49:48
information memos, action memos, any kind meeting
09:49:52
preparatory information official decisions,
09:49:59
official correspondence the Secretary and other
09:50:03
department principals.
09:50:05 was the time the main repository
09:50:06
information coming from the Office the Secretary
09:50:09
and information going the Office the
09:50:11
Secretary.
09:50:15
Did the STARS database include e-mails
the Secretary other principals?
The STARS database was not e-mail
However, STARS had the capacity
09:50:15
09:50:19
09:50:24
archiving system. store variety types media, including
09:50:30
e-mails.
09:50:34
And there were some e-mails, there are
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Videotaped Deposition Karin Melka Lang, Designated Representative
Conducted June 2016
some e-mails stored STARS.
09:50:37
Generally how the e-mails make their
way into STARS?
09:50:39
09:50:42
The e-mails that made their way into STARS
They
09:50:43
did not electronically automatically.
mostly made their way into STARS through what
09:50:51
call out-boxing.
09:50:56
09:50:47
What what that?
09:50:57
Out-boxing, any any material that
09:50:59
seen the Secretary and ends his her
09:51:03
outbox generally bundled support staff and
09:51:08
passed Correspondence and Records, where its
09:51:13
recorded.
09:51:16
Secretary material that has handwritten notes,
09:51:18
for example, the Secretary.
09:51:22
Material that has been seen the
the outbox?
Printing and filing.
09:51:30
Okay.
09:51:32
Printing.
09:51:32 somebody would have print and then
09:51:32
How would e-mail end make its way that just printing type?
file place the outbox for then
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09:51:34
Videotaped Deposition Karin Melka Lang, Designated Representative
Conducted June 2016
make its way into STARS?
09:51:38
Correct.
09:51:40
Okay.
09:51:40
What does STEPS stands stand for?
09:51:44
STEPS stood for state telegram electronic
processing system.
09:51:47
09:51:53
This legacy system that longer
You said STEPS was also searched.
used.
09:51:54
09:51:56
STEPS?
And what types records was within
09:51:58
09:52:03
STEPS contained telegrams, official
09:52:03
cable cable telegrams that were sent from
09:52:07
the department between the department and its and
09:52:10
its overseas posts.
09:52:13
Okay.
And were e-mails part that
system?
09:52:17
No.
Okay.
09:52:17
And you mentioned CARS.
What does
CARS stand for?
09:52:14
09:52:18
09:52:21
CARS stands for cable archiving and
retrieval system.
Similar STEPS, was legacy
system for capturing cable traffic between the
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09:52:29
Videotaped Deposition Karin Melka Lang, Designated Representative
Conducted June 2016
department and posts.
09:52:33 CARS also wouldnt include e-mails
09:52:34
No.
09:52:38 that correct?
searched response this FOIA request?
MS. WOLVERTON:
09:52:38
Were top were the top-secret files
Okay.
Objection.
Lack
foundation, and vague.
09:52:40
09:52:43
09:52:46
09:52:48
You may answer the question.
09:52:49 dont believe so.
09:52:54
Okay.
09:52:55
step back.
that another database within the Office the
09:53:02
Executive Secretariat?
09:53:06
The top secret top-secret files,
No.
Okay.
Could you just identify taking
Those are hard-copy files.
And where are those who are
those kept by?
09:53:06
09:53:07
09:53:11 the Office Correspondence and
Records.
09:52:59
09:53:13
09:53:15
Okay.
Thank you.
09:53:15
Was the Everest Everest another
09:53:17
records-management records-archiving system?
09:53:21
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Videotaped Deposition Karin Melka Lang, Designated Representative
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Everest the successor STARS, yes.
09:53:24 you know when Everest started, when
09:53:26
took over for STARS?
09:53:31
STARS ceased accepting new entries January
1st, 2015. SMART another records system?
09:53:47
Yes.
09:53:50
Okay.
What does SMART stand for?
09:53:50 believe stands for state messaging
09:53:57
09:53:38
archival retrieval tracking?
know exactly what the acronym stands for.
09:53:34 sorry, dont say its state messaging and archive
retrieval tool set, does that sound right?
09:54:01
09:54:05
09:54:07
09:54:12 sounds like was pretty close.
09:54:14
Yes.
09:54:16
there.
09:54:18
Could you just talk briefly what types thought would help you out
records what the SMART system is?
09:54:20
SMART took the place all these legacy
09:54:24
systems for the archiving cable traffic between
09:54:27
the department and overseas posts.
09:54:32
said would longer search the CARS STEPS
09:54:18 thats why
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09:54:37
Videotaped Deposition Karin Melka Lang, Designated Representative
Conducted June 2016
database.
the Central Foreign Policy files through SMART.
Okay.
And when did when did SMART take
effect?
Because all that information would
09:54:43
09:54:45
09:54:50
09:54:53 sorry.
And SMART also
tool for creating record e-mails.
09:54:53
09:55:00
What you mean that?
09:55:02
SMART has function that allows sender
09:55:08 make e-mail, record e-mail, that puts
09:55:13 the central searchable archive.
09:55:18
Okay.
What and how that process
done?
09:55:21
09:55:25
cable.
Its done very similar creating
Its done users desktop.
09:55:31 the user has take couple
09:55:33
steps. couple steps, clicking
09:55:36
button? just trying get sense what
09:55:39
action required make part the SMART
09:55:42
system.
09:55:44
Okay.
09:55:28
Its series essentially clicks and
check boxes and drop-down menus.
Okay.
And when did the SMART system take
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09:55:45
09:55:48
09:55:52
Videotaped Deposition Karin Melka Lang, Designated Representative
Conducted June 2016
effect?
09:55:54 believe SMART was introduced the
09:55:55
department 2009, but was SMART was rolled
09:55:58
out over period years.
09:56:02
Okay. you want more details that, will
What
09:56:05
take that back and get back you.
09:56:06
09:56:09
Who would who would have the answers?
09:56:10
Who would best knowledgeable about the SMART
09:56:14
system and the rollout?
09:56:17
The Bureau Information Resource and
09:56:18
Management, IRM.
Okay.
09:56:21
When you said generally
09:56:22
was the rollout started January 2009.
When
was was rolled out that time for the
09:56:31
Office the Secretary?
09:56:33
MS. WOLVERTON: this point going
09:56:27
09:56:34
object this line question straying fairly
09:56:35
far beyond the scope the notice 30(b)(6)
09:56:39
deposition topic and that basis instruct the
09:56:42
witness not answer.
09:56:45
MR. BEKESHA:
Sure.
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09:56:46
Videotaped Deposition Karin Melka Lang, Designated Representative
Conducted June 2016 part the SMART system.
Yes. that correct?
E-mails could part the SMART
system.
You said the e-mails would have could
09:56:53
09:56:58
09:57:00
Okay.
Were e-mails Mrs. Clinton, would
those have been placed within the SMART system?
09:56:47
The Executive Secretariat has its
09:57:00
09:57:05
09:57:09
own information management shop, which known
09:57:14 the acronym S/ES-IRM.
09:57:18
And S/ES-IRM does not use
the SMART system.
Okay.
09:57:24 Mrs. Clintons e-mails would not
09:57:25
have been part the SMART system.
09:57:29 that correct?
09:57:32
Any any office supported S/ES-IRM
09:57:33
not part the SMART e-mail system.
the Office the Secretary, the two deputy
09:57:40
secretaries, and the under secretaries.
09:57:44
management system?
Thank you. RIMS another database records
Okay.
That includes
That the database that searched
IPS.
09:57:37
09:57:46
09:57:49
09:57:52
09:57:54
09:57:57
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Videotaped Deposition Karin Melka Lang, Designated Representative
Conducted June 2016
Okay.
And what does RIMS stand for?
09:57:58 think its record information management
09:58:05
system.
Okay.
Thank you.
Going back the searches that were can confirm that you.
strike that.
09:58:10
09:58:16
09:58:20 Mr. Wasser, you said conducted
09:58:09
09:58:20
searches STARS, STEPS, and CARS, November
09:58:25
2013.
09:58:29 that correct?
Yes.
09:58:31
Did search any other databases?
09:58:32
No.
09:58:36
Did search anywhere else for records
09:58:40
responsive this FOIA request?
09:58:44
No.
09:58:46
Did instruct anybody else search for
09:58:46
records responsive this FOIA request?
No.
Okay.
09:58:49
09:58:50
Were individual employees within
09:58:51
the office were records within the office
09:59:00
strike that.
09:59:03
Excuse me.
Were records searched for records
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Videotaped Deposition Karin Melka Lang, Designated Representative
Conducted June 2016
individual employees within the Office the
09:59:09
Secretary, were their records searched response
09:59:10 this FOIA request?
09:59:13
MS. WOLVERTON:
scope the notice 30(b)(6) topic.
the witness not answer.
Objection.
Beyond the
09:59:15
Ill instruct
09:59:16
09:59:19
Was Mrs. Clintons e-mail searched
09:59:21
response this FOIA request that time,
09:59:24
November 2013?
09:59:29 November 2013, former Secretary
09:59:31
Clintons e-mails were not the possession
09:59:35
control the State Department could not have
09:59:37
been searched response FOIA request.
09:59:40
Why were they not the possession and
control the State Department?
09:59:47
Secretary Clinton turned over her e-mails the State Department December 2014.
09:59:44
Was there determination made any
09:59:50
09:59:54
10:00:00
point that Mrs. Clintons e-mail records were not
10:00:02
within the custody and control the State
10:00:05
Department?
10:00:08
MS. WOLVERTON:
Objection.
Beyond the
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Videotaped Deposition Karin Melka Lang, Designated Representative
Conducted June 2016
scope the notice 30(b)(6) topic.
Ill instruct the witness not answer.
10:00:09
10:00:13
When reviewing when responding
10:00:16
FOIA when responding this FOIA request, was
10:00:19
determination made that Mrs. Clintons e-mails were
10:00:21
not subject were not part the custody and
10:00:23
control the State Department?
10:00:26
Can you clarify the time frame that youre
speaking about?
Sure.
10:00:31
10:00:33
The time frame would between the
10:00:34
FOIA request being sent May 21st, 2013, and the
10:00:38
date the response, February 12th, 2014.
10:00:49
Was determination made during that time
10:00:52
period, when responding this FOIA request, that
10:00:55
Mrs. Clintons e-mails were not under the custody
10:00:59
and control the State Department?
10:01:03
MS. WOLVERTON:
Objection.
Beyond the
scope the notice 30(b)(6) topic.
10:01:06
10:01:07
Ill direct the witness not answer.
10:01:09
MR. BEKESHA:
And this goes the search,
10:01:11
the FOIA search that was conducted Mrs. Clintons
10:01:14
e-mails.
10:01:17
Its definitely within the scope the
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Videotaped Deposition Karin Melka Lang, Designated Representative
Conducted June 2016
30(b)(6).
MS. WOLVERTON:
Can you repeat the
question?
Sure. MR. BEKESHA:
10:01:22
10:01:23
MR. BEKESHA:
10:01:20
10:01:24
10:01:24
When conducting search for records
10:01:24
responsive Mrs. responsive the FOIA request
10:01:29 issue this case between May 21st, 2013, and
10:01:31
February 12th, 2014, was determination made that
10:01:34
Mrs. Clintons e-mails were not under the custody
10:01:39
and control the State Department and, therefore,
10:01:42
did not have searched response this FOIA
10:01:45
request?
10:01:48
MS. WOLVERTON:
You may answer.
10:01:52
No.
10:01:54
Was FOIA was that determination made
10:01:54
previous this time period and relied upon when
10:01:58
responding the FOIA request issue this case
10:02:01
during that time period just identified?
10:02:05
No.
10:02:09 why was the State Departments
10:02:09
position not search Mrs. Clintons e-mails
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Videotaped Deposition Karin Melka Lang, Designated Representative
Conducted June 2016
because they were the State Department thought
10:02:17
they were outside the custody and control it?
10:02:20
MS. WOLVERTON:
Asked and
answered.
10:02:22
10:02:24
You may answer the
10:02:25
MS. WOLVERTON:
Objection.
10:02:27
And mischaracterizing
former testimony.
10:02:29
You may answer the question.
10:02:30 one engaged this FOIA search had
10:02:33
awareness that source potentially responsive
10:02:37
documents during the time period this FOIA
10:02:41
search.
The time period that you list between May
10:02:46
21st, 2013, and February 2nd, 2014, one engaged
10:02:49 this FOIA search had the awareness that source
10:02:57 potentially responsive documents.
10:02:59 the reason guess back because
10:03:01 not sure you answered this question, then,
10:03:17
light that answer.
10:03:19
Why were was was determination
10:03:20
made that Mrs. Clintons e-mails would not
10:03:23
potentially responsive this FOIA request that
10:03:28
they werent available the State Department
10:03:32
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Videotaped Deposition Karin Melka Lang, Designated Representative
Conducted June 2016
that time?
MS. WOLVERTON:
10:03:35
Objection.
Asked and
answered.
10:03:35
10:03:36
You can answer the question.
10:03:37
Neither.
10:03:43 did anybody did Mr. Wasser
10:03:44
think that make determination that
10:03:51
Mrs. Clintons e-mails may contain records
10:03:53
responsive this FOIA request?
10:03:58
MS. WOLVERTON:
Objection.
Lack
10:04:00
foundation.
10:04:01
You can answer the question.
10:04:02
The people engaged the day-to-day
10:04:03
activity searching for records responsive this
10:04:06
request were not aware that source potentially
10:04:09
responsive documents; therefore, they could not make
10:04:14 determination whether that source would
10:04:18
responsive not.
10:04:20
What does that mean? guess
10:04:22
have understanding what you mean that they were not
10:04:25
aware that source.
10:04:26
mean that.
Could you explain what you
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Videotaped Deposition Karin Melka Lang, Designated Representative
Conducted June 2016
They were not aware the existence
10:04:31
e-mails from the former Secretary that could
10:04:35
potentially responsive this request.
10:04:39 understanding that individuals
10:04:42
within the Office Correspondence and Records did
10:04:45
not know Mrs. Clinton was using e-mail for
10:04:49
work-related purposes?
10:04:53
MS. WOLVERTON:
Objection.
Lack
foundation, vague.
10:04:55
10:04:56
You can answer the question.
10:04:58
Can you clarify the time period?
10:05:00
The time period would starting January
10:05:02
21st, 2009, through through November well,
10:05:07
through February 12th, 2014.
10:05:18
MS. WOLVERTON:
Same objections.
10:05:24
You may answer the question.
10:05:25
And can you can you phrase the question
10:05:27
again sure understand it?
Sure. did the Office
10:05:29
10:05:31
Correspondence and Records between that time period
10:05:38 January 2009 and February 2013, was their
10:05:39
belief that Mrs. Clinton did not use e-mail for
10:05:47
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Videotaped Deposition Karin Melka Lang, Designated Representative
Conducted June 2016
work-related purposes?
10:05:50
Yes.
10:05:52
Did that include was that does that
10:05:52
include Mr. Finney?
10:05:57
Yes.
10:05:58
Did that include the Deputy Executive
10:05:59
Secretaries that oversaw that office?
10:06:04 cant answer that
10:06:14 you know who would
10:06:14 definitively.
10:06:18 able answer that?
10:06:18 can get back you that.
10:06:20
Okay.
10:06:21
Thank you. you know the Executive Secretariat,
10:06:22
those that oversaw the Deputy Director, they knew
10:06:24
during that time period that Mrs. Clinton used
10:06:27
e-mail for work-related purposes?
10:06:31
MS. WOLVERTON:
Objection.
Beyond the
scope the notice 30(b)(6) topic.
10:06:33
10:06:34
Ill instruct the witness not answer.
10:06:39
MR. BEKESHA:
10:06:42 mean, again, this goes
the processing FOIA requests and how and how
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Videotaped Deposition Karin Melka Lang, Designated Representative
Conducted June 2016
specifically this FOIA request was processed.
MS. WOLVERTON:
Ill also add lack
foundation.
based the beyond the scope.
individuals were involved the FOIA processing.
MR. BEKESHA:
10:06:49
10:06:50
10:06:56
You havent established that those
And instruct the witness not answer
10:06:46
Sure.
10:06:58
10:07:00
10:07:03
Would the deputy between 2009, January
10:07:04
2009, and well start off and and February 12,
10:07:20
2014, would the deputy would the Executive
10:07:27
Secretariat involved FOIA responding
10:07:30
FOIA requests that were subject that may contain
10:07:33
Mrs. Clintons e-mails?
10:07:37
The Executive Secretariat, not the
Executive Secretariat staff?
10:07:39
10:07:42
Correct.
10:07:44
The broader Executive Secretariat?
10:07:44
The Executive Secretary.
10:07:47 sorry.
10:07:50
Are you referring
individual, title, person specific job
10:07:51
title the whole organization?
10:07:53 specific person. the Executive
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Videotaped Deposition Karin Melka Lang, Designated Representative
Conducted June 2016
Secretary that would have been Dan Smith, followed
10:07:57 Stephen Mull, and then dont know the names
10:08:01
the individuals that followed within that position.
10:08:06
But that that Executive Secretary
10:08:09
position, would they have been involved FOIA
10:08:10
requests related e-mails Mrs. Clinton during
10:08:14
that time period?
10:08:17
The Executive Secretary the overall
10:08:19
head the Executive Secretariat, which the
10:08:22
secretariat staff and the former Office
10:08:25
Correspondence and Records component part.
10:08:31
The Executive Secretary has overall
10:08:32
responsibility for that, for the secretariat, but
10:08:35
not involved the day-to-day work searching for
10:08:39
FOIA.
10:08:42
Would issues related FOIA requests that
10:08:43
involved the Secretary State rise the level,
10:08:46
not day-to-day basis, but when problems arose,
10:08:50 the Executive Secretary position?
10:08:54
MS. WOLVERTON:
Objection.
Vague.
10:08:56
You can answer the question.
10:08:58
Occasionally.
10:09:00
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Videotaped Deposition Karin Melka Lang, Designated Representative
Conducted June 2016
Okay.
10:09:00
MS. WOLVERTON:
10:09:02
Could take break?
10:09:04
MR. BEKESHA:
10:09:05
VIDEO SPECIALIST: hour.
Weve been going for about
Sure.
This marks the end
Tape Number the deposition Karin Lang.
are off the record 10:09.
10:09:06
10:09:07
10:09:11 recess was taken.)
10:09:21
VIDEO SPECIALIST:
10:23:41
Here begins Tape Number the deposition Karin Lang.
the record 10:23.
MR. BEKESHA: are back
10:23:44
10:23:48
Thank you. MR. BEKESHA:
10:23:50
10:23:50
Going back where think left off
questions.
Between the time period January 21st,
10:23:56
2009, and February 12th, 2014, why was the Office
10:24:04
Correspondence and Records not aware that
10:24:11
Mrs. Clinton did use e-mail for work-related
10:24:13
purposes?
10:24:17
10:23:54
Can you more specific?
10:24:21
Sure.
The Office Correspondence and
10:24:23
Records was was responsible for processing,
10:24:27
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Videotaped Deposition Karin Melka Lang, Designated Representative
Conducted June 2016
storing, archiving Mrs. Clintons records; wasnt
10:24:33
it?
10:24:36
Yes.
10:24:41 they would know what record systems
10:24:42
what systems and how Mrs. Clinton communicated;
10:24:44
wouldnt they?
10:24:49
The Secretary did not use State.gov
e-mail account.
10:24:50
10:24:54
Did the Office Correspondence and
10:24:57
Records during that time period know that
10:24:58
Mrs. Clinton did not use State.gov e-mail account?
10:25:00
Yes.
10:25:04
How did they know that?
10:25:04
When Mrs. when former Secretary Clinton
10:25:07
came the State Department early 2009, part
10:25:10 her transition the question was raised would she
10:25:16
have State.gov e-mail account, and the transition
10:25:21
team advised that she would not.
10:25:24
predecessor, she would not have e-mail account.
Like her you know when specifically that
question was asked?
No.
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10:25:28
10:25:30
10:25:32
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Videotaped Deposition Karin Melka Lang, Designated Representative
Conducted June 2016 you know who asked that question?
10:25:34
No.
10:25:37 you know who answered that question?
10:25:38
No.
10:25:41 you know when that question was
10:25:41
answered?
10:25:43
No.
10:25:44 you know who would know the answers
10:25:46
those questions?
10:25:48
Not specifically.
10:25:49
What about generally; what offices
10:25:51
specifically would have been responsible for asking
10:25:54
Mrs. Clintons transition team she were
10:25:57
using State.gov e-mail account?
10:26:00
transition.
10:26:04
10:26:06
The Executive Secretary led the
And who was the Executive Secretary the
time?
10:26:02
10:26:09
The Executive Secretary the time was
Daniel Smith.
And did the Office Correspondence and
Records lets with between 2009 and 2013
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Videotaped Deposition Karin Melka Lang, Designated Representative
Conducted June 2016
ever follow with requests see Mrs. Clinton
10:26:24
may have changed her mind subsequently was using
10:26:28 State.gov e-mail account?
10:26:30
MS. WOLVERTON:
Objection objection.
Compound and vague.
10:26:32
10:26:34
You may answer the question.
10:26:36
Yes.
10:26:38
And when did that followup take place?
10:26:38
The the Office Correspondence and
10:26:44
Records was constant communication with the S/ES
10:26:47
component that provides support the Secretary
10:26:51
and other principals.
10:26:54 some point during Mrs. Clintons
10:26:58
tenure, the Office Correspondence and Records
10:27:01
asked S/ES-IRM whether Mrs. Clinton was using
10:27:06
State.gov e-mail account?
10:27:10
S/ES-IRM.
Yes.
10:27:11
When did that take when did that
10:27:12
happen?
10:27:15
Initially the Office Correspondence and
10:27:16
Records was informed S/ES-IRM that Secretary
10:27:19
Clinton would not have e-mail account.
10:27:24
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Videotaped Deposition Karin Melka Lang, Designated Representative
Conducted June 2016
When did that initial when were they
initially informed?
Sometime the time frame the end
2008 early 2009. you know who within the Office
Correspondence and Records was informed that?
10:27:28
10:27:30
10:27:32
10:27:35
10:27:39
10:27:42
Clarence Finney.
10:27:44
And you know who informed him that?
10:27:45
No.
10:27:50
Did was the office did the office
10:27:50 did IRM inform Mr. Finney that Mrs. Clinton
10:27:57
would using e-mail account, while she was
10:28:03
Secretary State, for work-related purposes?
10:28:07
No.
10:28:09
Did Mr. Finney ask IRM whether
10:28:10
Mrs. Clinton was going using any e-mail
10:28:15
address conduct government business while she was
10:28:18
Secretary State?
10:28:27
Can you clarify the question?
10:28:28
Sure.
When IRM informed Mr. Finney that
10:28:29
Mrs. Clinton would not using State.gov e-mail
10:28:32
account, did Mr. Finney that point
10:28:34
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Videotaped Deposition Karin Melka Lang, Designated Representative
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subsequent point ask IRM Mrs. Clinton was going
10:28:38 using another e-mail non-State.gov e-mail
10:28:41
account for work-related purposes?
10:28:45
No.
10:28:47 did not ask, you dont know
10:28:48
asked?
Sorry, was just unclear your answer.
10:28:50
No, did not ask.
10:28:53
Okay.
10:28:54
And you said that there were
communications between the Office Correspondence
10:28:58
and Records and IRM other points about whether
10:29:00
not Mrs. Clinton was using State.gov e-mail
10:29:04
account?
10:29:07 that correct?
MS. WOLVERTON:
Objection.
10:29:09
Mischaracterizing former testimony, and would just
10:29:10
ask you clarify which IRM you are referring to.
10:29:16
MR. BEKESHA:
Sure. sorry.
10:29:19
The S/ES-IRM.
10:29:20
Were there subsequent conversations
10:29:23
related Mrs. Clintons whether not
10:29:26
Mrs. Clinton was using State.gov e-mail account
10:29:29
between S/ES-IRM and the Office Correspondence
10:29:32
and Records?
10:29:36
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Videotaped Deposition Karin Melka Lang, Designated Representative
Conducted June 2016
Yes.
10:29:37
And when did those conversations
10:29:37
discussions take place?
10:29:39 when Mrs. Clintons photo appeared
10:29:43 the media with her using appearing use some
10:29:47
sort mobile device, Clarence Finney checked
10:29:52
with S/ES-IRM confirm whether not she still
10:29:58
whether the answer was still that she did not have
10:30:03
State.gov e-mail account.
10:30:06 you recall the time period that?
10:30:07
Not specifically.
10:30:11
Okay.
10:30:12
What did IRM response that
question Mr. Finney, what did S/ES-IRM inform
10:30:18
Mr. Finney?
10:30:23
10:30:24
That she still did not have State.gov
e-mail account.
10:30:27
How you know this?
10:30:27
Through conversations with Clarence
10:30:29
Finney.
10:30:30
Okay.
What else what else what else
did they discuss that time?
MS. WOLVERTON:
Objection.
10:30:30
10:30:40
Vague.
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And
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Videotaped Deposition Karin Melka Lang, Designated Representative
Conducted June 2016
extends beyond the notice 30(b)(6)topic.
10:30:43
Ill instruct the witness not answer.
10:30:46
MR. BEKESHA:
10:30:48
Regarding did Mr. Finney follow with
10:30:49
IRM after that about whether not Mrs. Clinton was
10:30:56
using State.gov e-mail account?
10:31:01
Sure.
Not that aware.
10:31:06
Okay.
10:31:06
informed sorry.
conversation with -MS. WOLVERTON:
Let take step back. you know who Mr. Finney was having that you know IRM S/ES-IRM
10:31:13
10:31:17
10:31:19
Objection.
Asked and
answered.
10:31:19
10:31:20 S/ES-IRM?
10:31:20
No, not specifically.
10:31:26 you know who would know the answer
10:31:26
that question?
10:31:28
Not specifically.
10:31:29
Would Mr. Finney have the answer that
10:31:30
question?
Would know who spoke with?
10:31:33 indicates does not recall.
10:31:36
How many times have you spoken with
10:31:38
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Videotaped Deposition Karin Melka Lang, Designated Representative
Conducted June 2016
Mr. Finney about Mrs. Clintons about FOIA
10:31:42
requests related lets take step back.
10:31:48
When you first started Director, did
10:31:53
you speak with Mr. Finney about e-mail records
10:31:58
Mrs. Clinton they would relate FOIA requests?
10:32:03
MS. WOLVERTON:
Extends beyond
the scope the notice 30(b)(6) topic.
10:32:07
10:32:10
Ill instruct the witness not answer.
Objection.
10:32:13
When did you speak Mr. Finney about the
10:32:16
testimony you just gave?
Over the past two three weeks preparing
for this testimony.
Okay.
Approximately how many times during
the past two three weeks did you speak with him?
10:32:20
10:32:24
10:32:28
10:32:29
10:32:31
Approximately three four times.
10:32:34
For approximately how many hours total?
10:32:36
For approximately probably not more
10:32:44
than three hours.
And what did Mr. Finney tell you about his
10:32:50
10:32:50
knowledge Mrs. Clintons e-mail usage
10:32:56
relates FOIA requests?
10:32:59
Can you specify time frame?
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10:33:03
Videotaped Deposition Karin Melka Lang, Designated Representative
Conducted June 2016
Just Mr. Finneys general knowledge
10:33:05
between well start off between January 2009 and
10:33:08
February 2013.
10:33:12
Mr. Finney was not aware e-mail usage the former Secretary.
Did Mr. Finney ever receive e-mail from
Mrs. Clinton during that time period?
10:33:16
10:33:19
10:33:20
10:33:23
No.
10:33:25
Did Mrs. Mr. Finney ever send e-mail
10:33:26 Mrs. Clinton during that time period?
10:33:31
No.
10:33:33
Was Mr. Finney ever ccd e-mail
10:33:33
either from the Mrs. Clinton during that
10:33:36
time period?
10:33:41
No.
10:33:41
During the time period 2013 through the
10:33:41
initial response this request February
10:33:47
2014, what did Mr. Finney know about Mrs. Clintons
10:33:51
use e-mail related FOIA?
10:33:54 was not aware that there was e-mail
that would responsive FOIA requests.
Okay.
Did Mr. Finney besides asking
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10:34:00
10:34:02
10:34:05
Videotaped Deposition Karin Melka Lang, Designated Representative
Conducted June 2016
S/ES-IRM Mrs. Clinton was using State.gov
10:34:13
e-mail account, did Mr. Finney ask anyone else
10:34:18
within the department?
10:34:21
No.
10:34:25
Did Mr. Finney did Mr. Finney and the
10:34:25
person IRM just generally IRM after the
10:34:32
conversation, after saw the photo the media,
10:34:38
did were there any other discussions with
10:34:42
someone S/ES-IRM about Mrs. Clintons non use
10:34:45 State.gov e-mail account?
10:34:50
MS. WOLVERTON:
Objection.
10:34:52
Mischaracterizes the testimony.
10:34:53
You may answer the question.
10:34:55
Can you clarify the question?
10:34:58
Sure. talked about Mr. Finney having
10:34:59
communications with S/ES-IRM after saw photo.
10:35:03
Were there additional conversations after that
10:35:11
another point, after that discussion?
10:35:14
about what?
10:35:18
10:35:19
Can you more specific?
Conversations
About whether not Mrs. Clinton had
State.gov e-mail account.
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10:35:16
10:35:21
Videotaped Deposition Karin Melka Lang, Designated Representative
Conducted June 2016
No.
Sure.
10:35:25
What did what did Mr. Finney
tell you about seeing the photo?
MS. WOLVERTON:
Objection.
10:35:26
10:35:33
Vague, and
10:35:36
extends beyond the scope the notice 30(b)(6)
10:35:38
topic.
10:35:42
Ill instruct the witness not answer.
10:35:42
MR. BEKESHA:
10:35:45 mean, this goes how
the how the witness has knowledge about the
10:35:46
information were asking.
10:35:49
Mr. Finneys knowledge, the State Departments
10:35:51
knowledge Mrs. Clintons use e-mail
10:35:53
relates FOIA requests.
10:35:55
MS. WOLVERTON:
Were asking about
You could tailor your
question accordingly.
What did Mr. Finney tell you about the
10:35:57
10:36:01
10:36:02
photo and what thought light FOIA requests
10:36:04
for Mrs. Clintons e-mails?
10:36:06 did not see direct connection between
10:36:10
the photo and FOIA requests for Mrs. Clintons
10:36:13
e-mails.
10:36:16
Did Mr. Finney ever ask IRM what e-mail
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Videotaped Deposition Karin Melka Lang, Designated Representative
Conducted June 2016
address Mrs. Clinton was using?
MS. WOLVERTON:
10:36:22
Again, Ill ask that you
clarify which IRM youre referencing.
10:36:25
10:36:27
The S/ES-IRM.
10:36:29
No.
10:36:34 asked she had State.gov
account.
10:36:38
Did Mr. Finney ever have conversations
10:36:39
with the State Department general IRM component
10:36:42
bureau about Mrs. Clintons whether not
10:36:46
Mrs. Clinton was using State.gov e-mail account?
10:36:49
Not knowledge.
But there would reason talk the bureau IRM.
Did Mr. Finney ever talk the bureau
IRM about Mrs. Clintons use e-mail?
10:36:54
10:36:55
10:37:00
10:37:03
Not knowledge.
10:37:09
Did anybody that worked for Mr. Finney
10:37:09
between January 2009 and, lets say, February 2013
10:37:16
ask Mr. Finney about Mrs. Clintons whether
10:37:23
not Mrs. Clinton had State Department e-mail
10:37:28
account?
10:37:30 dont have that information.
10:37:34
Who would have that information?
10:37:35
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Videotaped Deposition Karin Melka Lang, Designated Representative
Conducted June 2016
Not all the employees who worked for
10:37:42
Mr. Finney that time are still employed the
10:37:44
State Department.
10:37:46
information?
Would Mr. Finney potentially have that
10:37:51
Possibly.
Can you more can you
specify your question little more?
Sure.
10:37:49
Yeah. just wondering, would
10:37:54
10:37:57
10:37:58
Mr. Finney know whether not had conversations
10:38:00
with individuals that reported him about
10:38:03
Mrs. Clintons use nonuse State.gov e-mail
10:38:06
account.
10:38:10 really have additional
information that.
Okay. response this specific FOIA
10:38:10
10:38:16
10:38:16
request, between May 21st, 2013, and February 12th,
10:38:20
2014, was Ms. Abedins e-mail searched for
10:38:27
potentially responsive records?
10:38:33
No.
10:38:35
Why not?
10:38:35
Mr. Finney made the determination that the
10:38:39
bureau within the Executive Secretariat, the
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Videotaped Deposition Karin Melka Lang, Designated Representative
Conducted June 2016
Executive Directors office, the Human Resources
10:38:47
office, was the place likely contain responsive
10:38:50
documents.
10:38:54 understanding that
10:38:54
individual employees files were searched for
10:39:00
records responsive this FOIA request prior
10:39:06
February 12th, 2014?
10:39:08
MS. WOLVERTON:
Objection.
Lack
foundation, and vague.
10:39:10
10:39:12
You may answer the question.
10:39:13
Can not sure understand the
10:39:16
question.
10:39:18
Sure.
You mentioned earlier that
10:39:18
Mr. Wasser searched STARS, STEPS, and CARS for
10:39:21
records responsive this FOIA request.
10:39:26
Were any additional systems records
10:39:29
searched between the time the request and
10:39:32
February 2014 for potentially responsive records?
10:39:34
Yes.
What else?
You mean within the Executive Secretariat?
10:39:43
Yes.
10:39:45
10:39:39
Where else did search?
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Videotaped Deposition Karin Melka Lang, Designated Representative
Conducted June 2016
The Correspondence and Records unit tasked
10:39:46
the Executive Directors office, the Human Resources
10:39:51
officer, search for responsive documents.
10:39:55
place?
Late November 2013.
10:40:02
And within the Office the Executive
10:40:05
And when did that tasking take
10:39:59
10:40:02
Director, what happened next after was tasked?
MS. WOLVERTON:
Okay.
Objection.
Extends beyond
the scope the notice 30(b)(6) deposition.
10:40:08
10:40:10
10:40:12
Ill instruct the witness not answer.
10:40:16
MR. BEKESHA: mean, this goes the
10:40:19
heart the processing the FOIA request with
10:40:20
respect Mrs. Clintons Mrs. Clinton and
10:40:22
Ms. Abedins e-mails.
10:40:25
MS. WOLVERTON:
Theres foundation.
10:40:26
You could ask question about whether there were
10:40:28
e-mails there.
10:40:31
What records did the Executive Directors
10:40:32
office what record systems were what records
10:40:36
were searched during that time period?
10:40:39
The human resource Human Resources
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Videotaped Deposition Karin Melka Lang, Designated Representative
Conducted June 2016
officer within the Executive Directors office
10:40:44
maintained hard-copy files personnel-related
10:40:47
matters and searched those files.
10:40:51
And what about the Office the Executive
office?
Was that different that just one
Director?
10:40:54
10:40:57
Maybe misunderstood your answer before.
10:40:59
Human Resources subcomponent the
10:41:02
Office the Executive Director.
Okay.
10:41:06 the only tasking was the
10:41:06
component the Executive Director.
10:41:12 that correct?
10:41:14
The tasking was the Executive Director
10:41:15 the overall director that office, who then
10:41:18
chose which component that office would the
10:41:23
place would reasonably likely contain
10:41:27
responsive records, this case the Human Resources
10:41:30
component.
10:41:34
And who made that determination
10:41:34
within the within the Office the Executive
10:41:38
Director, who made the determination task only
10:41:41
the component?
10:41:44
Okay.
MS. WOLVERTON:
Objection.
Extends beyond
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Videotaped Deposition Karin Melka Lang, Designated Representative
Conducted June 2016
the scope the notice 30(b)(6) deposition topic.
10:41:48
Ill instruct the witness not answer.
10:41:52
Would the Executive Directors office had
10:41:54
e-mail have e-mail records Ms. Abedin and
10:41:57
Mrs. Clinton their possession?
10:42:00
Can you clarify the question?
10:42:09
Sure.
10:42:10 was tasked the Executive
Directors office. get at, were e-mail records Mrs. Clinton and
10:42:18
Ms. Abedin potentially within the record systems
10:42:20
the Executive Director?
10:42:24
And wondering trying
The way the State Department stores
10:42:13
10:42:28
e-mails based the custodian. employees
10:42:31 the that office, that Executive Directors
10:42:37
office, had exchanged e-mails with Secretary Clinton
10:42:40 Ms. Abedin, its possible that those e-mails
10:42:46
could have resided within their electronic archives,
10:42:50
the employees within that office.
10:42:56
Okay.
Were any those searches
conducted during that time period?
10:42:57
10:43:00
During which time period?
10:43:03
Prior from the time the FOIA
10:43:04
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Videotaped Deposition Karin Melka Lang, Designated Representative
Conducted June 2016
request February 2014.
No.
Okay.
The Human Resources officer made the
10:43:07
10:43:09
Why not?
10:43:09
10:43:13
determination that the responsive records would
10:43:15
located the hard-copy personnel files.
10:43:19
Okay. after that happened and after
10:43:21
the searches were conducted, what did Mr. Wasser
10:43:27
next?
10:43:31 prepared response for Mr. Finneys
10:43:32
signature return the responsive documents the
10:43:36
IPS case analyst.
10:43:43
Okay.
10:43:44
And filled out the DS-1748.
10:43:46
And what happened next?
10:43:48
The Executive Secretariat returned the
10:43:52
response the IPS case analyst.
Okay. dont understand your question.
10:44:04
What did the case analyst once they
10:44:05
And then what happened?
10:43:55
received the DS-1748 from the Executive Secretariat?
The IPS case analyst typically
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10:44:12
Videotaped Deposition Karin Melka Lang, Designated Representative
Conducted June 2016
gathering the responses from all the various offices
10:44:16
that have been tasked.
10:44:20
include the Office the Legal Advisor, the
10:44:23
Executive Secretariat, and the Bureau Human
10:44:27
Resources.
10:44:30
Okay. this case that would
Did does the case analyst
10:44:30
did this instance did the case analyst review
10:44:40
the different databases that were searched?
10:44:43
10:44:47 sorry, can you more specific about
Excuse me.
10:44:52
which databases?
Sure.
10:44:54
The databases that the Executive
Secretariat searched. this instance, did the case analyst look see
10:45:00
what databases were searched?
10:45:03
Does the case analyst, did
10:44:55
The case analyst reviews the responses
10:44:57
10:45:05
from the bureau, this case the Executive
10:45:10
Secretariat, ensure that the that the
10:45:14
databases are clearly listed the 1748 tasker.
10:45:17
Does the case analyst generally
10:45:21
specific this case lets start generally,
10:45:23
does the case analyst review the databases and the
10:45:27
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Videotaped Deposition Karin Melka Lang, Designated Representative
Conducted June 2016
searches that were conducted determine whether
10:45:31
not the searches were sufficient?
10:45:33
MS. WOLVERTON:
Objection.
Vague.
10:45:38
Can you more specific?
10:45:39
Sure.
10:45:40
When the case analyst reviews the
information thats returned the case analyst,
10:45:42
does the case analyst any substantive review
10:45:46
what provided the case analyst?
10:45:48
The case analyst reviews the documents
10:45:52
that are provided that point they are
considered potentially responsive documents.
The
10:45:58
case analyst reviews those documents determine
10:46:01
whether not they are actually responsive the
10:46:05
request.
10:46:07
10:45:55 the case analyst does not review the
10:46:07
searches, specifically review the methods and means
10:46:10 the searches that were conducted?
10:46:15
The case analyst generally reviews the
10:46:17
1748 tasker ensure its complete and and that
10:46:20
the searches conducted are clearly listed.
10:46:23
Okay. this instance, after the case
analyst received the tasker back from the various
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10:46:28
Videotaped Deposition Karin Melka Lang, Designated Representative
Conducted June 2016
components, what happened next?
10:46:32
Then, working with the Office the Legal
10:46:35
Advisor, the the litigation case analyst
10:46:38
compiles compiled the results.
10:46:44
Okay.
What happened after that?
10:46:44
Then the the litigation case analyst
10:46:47
prepared the response letter the requester, and
10:46:52
the documents were prepared for release.
10:46:56
Okay.
Then the letter was drafted the
requester.
And then what happened after that?
And who drafted who drafts the letter? not sure which the two litigation
10:47:15
case analysts drafted the letter.
10:47:10
10:47:13
letter.
10:47:07
The litigation case analyst drafts the
10:47:02
10:47:06 this instance who drafted the letter?
10:46:58
Okay.
10:47:19
And then the letter was sent
February 12th, 2014?
10:47:21
10:47:23
Correct.
10:47:30
What happened after that?
10:47:30
MS. WOLVERTON:
Objection.
Vague.
What happens FOIA once the
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Videotaped Deposition Karin Melka Lang, Designated Representative
Conducted June 2016
letter sent once the letter was sent, what
10:47:40
happens within IPS what happened IPS
10:47:43
related this FOIA request?
10:47:46
Then the case well, the case
10:47:51
normally closed when the response provided the
10:47:53
requester.
10:47:56
Was the case closed this instance?
10:47:56
No.
10:47:58 what happened?
Because was litigation case.
Does guess
10:48:00 does stay open, does the file stay active,
10:48:05
what happens?
10:48:08
resolved.
When was the was the litigation
10:48:10
10:48:14 believe was resolved March
10:48:16
10:48:18
Okay.
And what happened that point
MS. WOLVERTON:
Objection.
Objection.
10:48:18
10:48:21 with the file?
MS. WOLVERTON:
Okay.
2014.
10:48:08
10:48:10
resolved shortly thereafter? stays open until the litigation
10:48:22
Vague.
You can answer the question.
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Videotaped Deposition Karin Melka Lang, Designated Representative
Conducted June 2016
The then the case closed.
Okay.
And what does that mean?
10:48:28
What
administrative procedure takes place? just means that the software that
10:48:30
10:48:33
10:48:35
IPS uses manage its caseload, the case closed.
10:48:36
Which important for statistical tracking
10:48:40
purposes.
10:48:43
Okay.
And the case file kept for
certain period time after case closed?
10:48:43
10:48:47
Yes.
10:48:57 you know for how long?
10:48:57 sorry.
10:48:59
Did you review the case file related dont have that information.
this FOIA request preparation for today?
10:49:00
10:49:02
Can you more specific?
10:49:05
Sure.
10:49:06
The case you said earlier
your testimony that case file was created for this
10:49:11
FOIA request when was received May 2013.
10:49:14
Does that case file still exist today?
10:49:19
The the case primarily resides
10:49:23
the Freedoms software that IPS uses. the same what included that
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Videotaped Deposition Karin Melka Lang, Designated Representative
Conducted June 2016
system, the Freedoms system?
MS. WOLVERTON:
Objection.
10:49:34
Just going
10:49:35 note that this point the questions are really
10:49:39
straying far beyond the notice 30(b)(6) deposition
10:49:43
topic.
10:49:46
And instruct the witness not answer.
What did you review what materials did
10:49:51
you review preparation for today related
10:49:53
the specifically the processing the FOIA
10:49:57
request from the time was submitted until the
10:49:59
case was closed?
10:50:03
Ill direct you Exhibit
Four Tab
4A.
10:50:07
10:50:27
Did you review anything any other
10:50:52
documents related the processing the FOIA
10:50:55
request, besides Tab besides what the
10:50:56
document Tab 4A?
10:51:00
Yes.
10:51:03
What else did you review about the
10:51:03
processing the FOIA request from the time the
10:51:04
FOIA request was submitted until the time the case
10:51:07
was closed sometime in, sounded like early 2014?
10:51:09 reviewed the the Freedoms software
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Videotaped Deposition Karin Melka Lang, Designated Representative
Conducted June 2016
case for this and various e-mail traffic between
10:51:18
individuals working this FOIA request.
10:51:25
Were going move ahead
2015.
10:51:36
10:51:39
Are you aware that this FOIA litigation
10:51:27
All right.
Okay.
was reopened June 2015?
10:51:42
10:51:44
Yes.
10:51:48
When the case was reopened, what happened
10:51:48 IPS related this FOIA request?
When the case was reopened, was
assigned litigation analyst.
10:51:54
10:51:58
10:52:00
And who was that litigation analyst?
10:52:02
Julia Navarro.
10:52:05 that person still the Department
10:52:07
State?
Yes.
Okay.
10:52:09
10:52:09
And what did Ms. Navarro sorry,
Mr. Ms. Navarro?
10:52:09
10:52:14
Ms. Navarro.
10:52:16
What did Ms. Navarro when was
10:52:17
assigned her?
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Videotaped Deposition Karin Melka Lang, Designated Representative
Conducted June 2016
She reopened the case and awaited further
instruction from the Office the Legal Advisor.
Okay.
After she received instruction from
the Office the Legal Advisor, what did she do?
She tasked additional searches per the
instructions from the Office the Legal Advisor.
Okay.
And what when did that happen?
When did she task additional searches?
10:52:23
10:52:26
10:52:28
10:52:32
10:52:35
10:52:39
10:52:41
10:52:44 late July 2015.
10:52:47
Okay.
10:52:48
And what were the searches that she
tasked?
10:52:51
The searches that she tasked were based
10:52:55
upon the discussions between the plaintiff and
10:52:58
the and the department, the agreement that was
10:53:00
reached search terms and dates.
10:53:05
Okay.
Who did she task?
Lets Tab 3B.
10:53:20
What who did she task?
10:54:01 indicated Page the declaration,
10:54:03
the the bureaus and offices that were tasked were
10:54:09
the Bureau Human Resources, the Office the
10:54:14
Executive Secretariat, the Office the Legal
10:54:14
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Videotaped Deposition Karin Melka Lang, Designated Representative
Conducted June 2016
Advisor, the Office the Under Secretary for
10:54:21
Management, and the Central Foreign Policy records.
10:54:22
And were those the same offices that were
10:54:24
tasked initially, the first time around, when the
10:54:26
FOIA request was received?
10:54:30
The addition was the Office the Under
Secretary For Management.
10:54:32
10:54:35
And why was that office added?
10:54:35 was determined that time that that
10:54:41
office might have responsive records.
Why was why was that determination
10:54:43
10:54:45
not made during the initial processing this FOIA
10:54:48
request?
10:54:52
The initial the the offices that
10:54:55
were initially tasked were tasked because
10:54:57
determination was made that they were reasonably
10:54:59
likely contain records.
10:55:01
And who made the determination that the
10:55:03
Office the Under Secretary for Management may
10:55:05
have potentially responsive records?
10:55:09
With any case litigation, the
discussion between the Office the Legal
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Videotaped Deposition Karin Melka Lang, Designated Representative
Conducted June 2016
Advisor and the IPS office.
And you know who made, specifically
made this determination?
10:55:17
10:55:20
10:55:23
No.
10:55:24 you know who would know who made that
10:55:25
determination?
10:55:27
The IPS case analyst.
10:55:29
And who was that?
10:55:31
Julia Navarro.
10:55:33
Okay.
10:55:35 what did the next step was
Ms. Navarro tasked out the various departments.
10:55:42
One those departments was the office one
10:55:49
those components was the Office the Executive
10:55:51
Secretariat.
10:55:54
Correct.
10:55:55
Who received that tasking within the
10:55:56 that correct?
Office the Executive Secretariat?
10:55:59
Clarence Finney.
10:56:01
When did Mr. Finney receive that tasking?
10:56:01 late July 2015.
10:56:04
And what did Mr. Finney next?
10:56:06 tasked searches.
10:56:09
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Videotaped Deposition Karin Melka Lang, Designated Representative
Conducted June 2016
Who did task?
10:56:12 tasked the program assistant the
10:56:15
Office Correspondence and Records.
10:56:18
And who was that the time?
10:56:19
Kevin Greer.
10:56:21
Okay.
10:56:22
And what did did Mr. Finney
instruct Mr. Greer what searches where search,
10:56:25
what searches needed done?
10:56:30
Yes.
10:56:32
And what did tell him?
10:56:32 instructed him search the the
10:56:37
Huma Abedin State.gov e-mail account.
10:56:42
What else did ask him search?
10:56:44
Lets refer the same, Number Tab
10:56:52
MS. WOLVERTON:
10:57:05 sorry. you mean
Tab 3D?
10:57:07
THE WITNESS:
Yes, sorry.
Yes.
3D.
Where did Mr. Finney task the case analyst
10:57:10 search?
declaration.
The the program assistant and the
10:57:38
S/ES management analyst both participated these
10:57:45
10:57:29
10:57:32
Refer the top Page the
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Videotaped Deposition Karin Melka Lang, Designated Representative
Conducted June 2016
searches.
For the State.gov e-mail records
Ms. Mills, Ms. Abedin, the former Human Resources
10:57:54
officer Cynthia Motley, and former senior advisor
10:57:58 the Office the White House Liaison, Heather
10:58:02
Samuelson.
10:58:05
How why were those individuals e-mails
10:57:50
10:58:06
determined maybe contain potentially responsive
10:58:11
records?
10:58:14
Based the subject matter the
10:58:19
the request.
10:58:21
10:58:22
Were those did Mr. Finney task someone search those record systems during the initial
10:58:26
processing the FOIA request?
10:58:29
No.
10:58:31
Why not?
10:58:31 made determination the initial
10:58:34
processing that the Human Resources office was the
10:58:36
location likely responsive records.
10:58:41
And made and was the one that
10:58:44
made the determination during the supplemental
10:58:46
search search these e-mail account these
10:58:49
record systems?
10:58:54
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Videotaped Deposition Karin Melka Lang, Designated Representative
Conducted June 2016
During the supplemental search, the
10:58:55
decision potentially locations search for
10:58:58
potentially responsive records was made
10:59:01
consultation with the Office the Legal Advisor
10:59:04
and the IPS.
10:59:07
10:59:09
Was Mr. Finney ordered search these
record systems during the supplemental search?
MS. WOLVERTON:
Objection.
Vague.
The the search tasker and e-mail
10:59:14
10:59:18
10:59:22
instruction that came from IPS indicated, based
10:59:27
the discussions and agreement between the two
10:59:30
parties, what would searched.
10:59:34 Mr. Finney did not make the
determination where search.
10:59:37
10:59:40
Correct.
10:59:43
Who who guess the question is, who
10:59:43
made that determination, then?
MS. WOLVERTON:
10:59:48
Objection.
Asked and
answered.
10:59:50
10:59:51 specific individual, not not the
title the office they were in.
Who was the
individual, the specific individual, that made the
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Videotaped Deposition Karin Melka Lang, Designated Representative
Conducted June 2016
determination search the e-mail search the
11:00:02
State.gov e-mail records Ms. Mills, Ms. Abedin,
11:00:07
Ms. Motley, and Ms. Samuelson?
11:00:12
MS. WOLVERTON:
Objection.
Asked and
11:00:15
answered, and also calls for information covered
11:00:18
the attorney-client privilege.
11:00:21 Ill instruct the witness not answer that basis.
11:00:24
11:00:26
Was Mr. Finney told the IPS case
11:00:29
analyst where conduct its searches, where
11:00:39
should conduct you said that was
11:00:44
consultation with the Office the Legal Advisor
11:00:45
and IPS, talking about IPS specifically, was did
11:00:49
IPS instruct Mr. Finney search the State.gov
11:00:53
e-mail records Ms. Mills, Ms. Abedin, Ms. Motley,
11:00:57
and Ms. Samuelson?
11:01:00
MS. WOLVERTON:
Objection.
Asked and
answered, and mischaracterizes former testimony.
11:01:02
11:01:04
You may answer the question.
11:01:09
Yes.
11:01:10
Who?
Who who instructed
Who was that individual IPS?
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Videotaped Deposition Karin Melka Lang, Designated Representative
Conducted June 2016
Who instructed Mr. Finney search the
11:01:18
State.gov e-mail records Ms. Mills, Ms. Abedin,
11:01:21
Ms. Motley, and Ms. Samuelson?
11:01:24 believe was Ms. Julia Navarro his
branch chief, Susan Weetman.
11:01:36
But youre not sure which one the two them gave those instructions Mr. Finney?
this point.
They were both working this case
Okay.
11:01:28
11:01:38
11:01:40
11:01:42
11:01:45
Why did those individuals not
11:01:45
instruct Mr. Finney search those search the
11:01:47
State.gov e-mail records Ms. Mills, Ms. Abedin,
11:01:52
Ms. Motley, and Ms. Samuelson during the initial
11:01:54
processing the FOIA request?
11:01:58
The initial processing the FOIA request
was less detailed instruction.
11:02:05
11:02:07
Less detailed instruction from whom?
11:02:10
From the IPS analyst, the Office the
11:02:13
Executive Secretariat.
11:02:18
Why was less detailed instructions?
11:02:18
The office the 1748 tasker contains
11:02:24
general instructions for offices.
When cases move
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Videotaped Deposition Karin Melka Lang, Designated Representative
Conducted June 2016
into litigation, sometimes theyre subject very
11:02:32
specific instructions based the status
11:02:35
litigation.
11:02:37
11:02:41 this instance, based this,
because the initial request began processing prior
11:02:42 litigation, such instructions did not take place?
11:02:46
No, thats not accurate.
11:02:53
Okay.
11:02:54
Lets walk back then the initial
processing the FOIA request.
11:02:58
Why were detailed instructions not
11:03:01
provided Mr. Finney where search within
11:03:04
the Office the Executive Secretariat?
11:03:07
MS. WOLVERTON:
Objection.
Vague.
11:03:10
You may answer the question.
11:03:13 general, IPS, when IPS tasks searches
11:03:15 various components within the State Department,
11:03:19
State Department practice that the bureau
11:03:23
office that tasked, those are the subject-matter
11:03:27
experts and are best placed determine where
11:03:31
responsive records are likely located.
11:03:34
Okay.
Did the FOIA requests change
between the initial processing the request and
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Videotaped Deposition Karin Melka Lang, Designated Representative
Conducted June 2016
the supplemental search?
MS. WOLVERTON:
11:03:44
Objection.
The question
assumes facts not evidence.
11:03:45
11:03:47
You may answer the question.
11:03:50
After the when the second the
11:03:54
supplemental searches were tasked, the instructions
11:03:56 the searching offices had become more specific
11:04:01
through the result discussions between the two
11:04:05
parties and the agreement that was reached between
11:04:07
the two parties.
11:04:09 what happened after Mr. Finney was
11:04:12
tasked search have supplemental search
11:04:29
records within the Office the Executive
11:04:33
Secretariat?
11:04:37
Those searches were conducted.
11:04:37
And how were those searches conducted?
11:04:38
Those searches were conducted using
11:04:44
Microsoft Outlook.
Was
keyword search?
11:04:51
11:04:56
Was keyword search?
Could you more specific?
11:04:48
11:04:59
Yes.
11:05:01
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Videotaped Deposition Karin Melka Lang, Designated Representative
Conducted June 2016
Did did Ms. Mills have was
11:05:01
search Outlook search done Ms. Millss PST
11:05:05
file?
11:05:09
Yes.
11:05:09
Was separate search conducted
11:05:09
Ms. Abedins PST file?
11:05:11
Yes.
11:05:13
Was separate search conducted
11:05:14
Ms. Motleys PST file?
11:05:18
Yes.
11:05:23
And the same for Ms. Samuelson?
11:05:23
Yes.
11:05:24
Does the Office Correspondence and
11:05:24
Records have way search all those e-mail
11:05:29
accounts one time?
11:05:32
Not consistently.
11:05:37
What you mean that?
11:05:39 all searching PSTs involves indexing
11:05:41
them and loading them what call virtual
11:05:47
machine.
11:05:50
time and prepared searched the same time,
11:05:53
they could searched the same time.
11:05:55
And they were all loaded the same
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Videotaped Deposition Karin Melka Lang, Designated Representative
Conducted June 2016 that normally how the records are
created the PST files are created?
11:05:58
11:06:01
That not how PST files are created.
11:06:04
Okay.
11:06:07 dont have specific information that.
11:06:11
Okay.
11:06:14
How PST file created?
Were any other PST files searched that time?
11:06:19
Can you more specific?
11:06:21
Within the Office the Secretary, were
11:06:22
any other PST files searched that time?
11:06:24
Within the search that was conducted?
11:06:29
Yes, within the search that the
11:06:31
supplemental search that was conducted response
11:06:33 this FOIA request.
11:06:34
Not that aware of.
11:06:47
Why not?
11:06:47
Because those were determined the
11:06:48
the PST files that would likely contain
11:06:52
responsive records.
11:06:55
Okay.
Mrs. Clinton has stated and its
11:06:56
also been testified this case that was her
11:07:01
e-mail practice e-mail government employees
11:07:03
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Videotaped Deposition Karin Melka Lang, Designated Representative
Conducted June 2016
their dot gov e-mail accounts.
She said and the
testimony said the reason for this practice was
11:07:10
work e-mails would immediately captured and
11:07:12
preserved government recordkeeping systems.
11:07:14
Was the State Department aware any time
11:07:06
11:07:18
between January 2009 and February guess were
11:07:21 July 2015, that that was Mrs. Clintons e-mail
11:07:30
practice?
11:07:33
MS. WOLVERTON:
Objection.
Assumes facts
11:07:34
not evidence, and extends beyond the scope the
11:07:37
notice 30(b)(6) deposition topic.
11:07:41 that basis, Ill instruct the witness
not answer.
MR. BEKESHA:
11:07:45
11:07:47 mean, this goes whether
11:07:48 not records were searched for Mrs. Clintons
11:07:52
e-mail.
11:07:54
30(b)(6).
You can tailor your
question accordingly.
MR. BEKESHA:
11:07:57
MS. WOLVERTON:
That falls directly within the scope the
11:07:58
11:07:59
Sure. any point while processing this FOIA
request, did the State did the Office
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Videotaped Deposition Karin Melka Lang, Designated Representative
Conducted June 2016
Correspondence and Management, either Mr. Finney
11:08:05
someone else, know that Mrs. Clintons practice was
11:08:08 e-mail government employees their dot gov
11:08:11 can specify, was her practice e-mail State
11:08:15
Department employees their State.gov e-mail
11:08:19
accounts that they were captured and preserved
11:08:22
government recordkeeping systems?
11:08:24
MS. WOLVERTON:
Objection.
Assumes facts
not evidence, and compound.
11:08:26
11:08:27
You may answer the question.
11:08:29 not sure understand the question.
11:08:34
Sure.
11:08:35
While Mr. Finney while the
office correspondence and management was
11:08:37
responding FOIA requests, did they know, did
11:08:39
someone within that office know that Mrs. Clintons
11:08:44
practice preserve government e-mails was
11:08:46 e-mailing State Department employees
11:08:51
their State.gov e-mail account?
11:08:54
MS. WOLVERTON:
Objection.
Assumes facts
not evidence.
11:08:56
11:08:58
During what time frame?
11:09:00
Between January 2009 and February well
11:09:01
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Videotaped Deposition Karin Melka Lang, Designated Representative
Conducted June 2016
change February 2014.
11:09:08
No.
11:09:11
MS. WOLVERTON:
Same objection.
11:09:11
No.
11:09:12
Did Mr. Finney anyone else talk
11:09:13
did Mr. Finney ever inquire about how
11:09:20
Mrs. Clinton strike that.
11:09:26
Does the State Department now know that
that was Mrs. Clintons practice?
And that
11:09:29
11:09:30
mean e-mail State Department employees
11:09:34
State.gov e-mail account.
11:09:37
MS. WOLVERTON:
Objection.
Assumes facts
not evidence.
11:09:38
11:09:39
You can answer the question.
11:09:41 not sure understand the question.
11:09:43
Okay.
11:09:45
Mrs. Clinton has said, and
testimony this case has been provided, that
11:09:49
Mrs. Clintons recordkeeping process was e-mail
11:09:50
government employees their dot gov e-mail
11:09:54
account.
11:09:57
that was Mrs. Clintons practice?
MS. WOLVERTON: the State Department now aware that
Objection.
11:10:01
Assumes facts
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Videotaped Deposition Karin Melka Lang, Designated Representative
Conducted June 2016
not evidence.
11:10:04
The State Department aware that
Mrs. Clinton has made those statements.
Okay.
When did the State Department
11:10:06
11:10:09
11:10:11
become aware those, that Mrs. Clinton has made
11:10:14
such statements?
11:10:18
MS. WOLVERTON:
Goes beyond
the scope the notice 30(b)(6) deposition topic. that ground, Ill instruct the witness
Objection.
not answer.
11:10:21
11:10:22
11:10:27
11:10:29
Now that the State Department knows that
11:10:29
that was what Mrs. Clinton does the State
11:10:31
Department believe that was adequate process
11:10:34
capture e-mails conducting official government
11:10:37
business?
11:10:43
MS. WOLVERTON:
Objection.
Extends beyond
the scope the notice 30(b)(6) deposition topic.
Ill instruct the witness not answer
11:10:43
11:10:46
11:10:48
that ground.
11:10:50
11:10:50
Now that the State Department aware
that Mrs. Clinton has said that this was her
11:10:52
practice, does the State Department believe that
11:10:54
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Videotaped Deposition Karin Melka Lang, Designated Representative
Conducted June 2016
100
their searches response this FOIA request,
11:10:58
either the initial search, during the initial time