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Judicial Watch • JW v DHS Jeh Johnson emails Preservation Motion 00967

JW v DHS Jeh Johnson emails Preservation Motion 00967

JW v DHS Jeh Johnson emails Preservation Motion 00967

Page 1: JW v DHS Jeh Johnson emails Preservation Motion 00967

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Number of Pages:4

Date Created:December 27, 2016

Date Uploaded to the Library:January 03, 2017

Tags:Stevan, preserve, preservation, 00967, peterson, Jeh, officials, motion, AGENCY, Emails, Counsel, Johnson, DHS, security, Secretary, defendant, filed, plaintiff, document, records, FOIA, states, district, united


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Case 1:16-cv-00967-RDM Document Filed 12/22/16 Page THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT COLUMBIA
JUDICIAL WATCH, INC.,
Plaintiff,
UNITED STATES DEPARTMENT HOMELAND SECURITY,
Defendant.
Civil Action No. 1:16-00967 (RDM)
PLAINTIFF MOTION FOR PRESERVATION ORDER AND
REQUEST FOR EXPEDITED CONSIDERATION
Plaintiff Judicial Watch, Inc., counsel, respectfully submits this motion for order
requiring Defendant U.S. Department Homeland Security DHS preserve the records
issue this Freedom Information Act FOIA case. Pursuant LCvR 7(f), Plaintiff
requests hearing this motion. grounds therefor, Plaintiff states follows:
MEMORANDUM POINTS AND AUTHORITIES
This action under FOIA seeking agency records currently residing the
personal email accounts senior DHS officials. Briefing the parties respective motion and
cross-motion for summary judgment concluded December 22, 2016.
The records issue are the physical possession three current agency
officials and one former agency official. With the upcoming change administrations
January 20, 2017, likely that the three officials currently office (Secretary Jeh Johnson,
Deputy Secretary Alejandro Mayorkas, and General Counsel Stevan Bunnell) will leave
government service.
Pursuant LCvR 7(m), undersigned counsel asked DHS counsel whether the agency would
oppose this motion. response was not received prior the filing this motion.
Case 1:16-cv-00967-RDM Document Filed 12/22/16 Page
Counsel for DHS has informed Plaintiff counsel that DHS has asked these
officials preserve the agency records their possession. DHS counsel declined provide
any evidence supporting this assertion. Because Plaintiff does not know specifically what DHS
asked its employees and what, any, other steps DHS has taken ensure preservation,
Plaintiff concerned DHS mere requests its employees are insufficient. This will
particularly concerning once the officials possessing the emails leave government employment, the agency will have control over the actions these officials. the August 29, 2016 Status Conference this case, the Court noted the
importance preserving the records issue while this litigation pending. Dkt. Entry No.
(Tr. 11). Counsel for DHS agreed. Id. court order requiring preservation these emails particularly necessary now DHS has suggested that these officials may have been acting without authorization sending
emails from these accounts. Dkt. Entry No. (Def Reply Mem. Support Motion for
Partial S.J. and Opp. Pltf Cross-Motion for S.J.) 2-4. such, there assurance that
these officials will abide request the agency preserve these emails, particularly after
their employment ends. order requiring DHS take steps preserve the agency records issue
consistent with agency recordkeeping responsibilities retain and manage government
records subject the Federal Records Act. U.S.C. 2101-18. the agency officials are
permitted leave their employment while retaining agency records their personal email
accounts, risks creating situation comparable that former Secretary State Hillary
Clinton. that instance, undisputed that only portion Secretary Clinton emails
eventually were returned the agency.
-2-
Case 1:16-cv-00967-RDM Document Filed 12/22/16 Page
Plaintiff respectfully requests expedited consideration this motion light
the likely imminent departure from government service the three agency officials possessing
agency records their personal email accounts.
Dated: December 22, 2016
Respectfully submitted,
/s/ James Peterson
James Peterson
D.C. Bar No. 450171
JUDICIAL WATCH, INC.
425 Third Street SW, Suite 800
Washington, 20024
(202) 646-5172
Counsel for Plaintiff
-3-
Case 1:16-cv-00967-RDM Document 18-1 Filed 12/22/16 Page THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT COLUMBIA
JUDICIAL WATCH, INC.,
Plaintiff,
UNITED STATES DEPARTMENT HOMELAND SECURITY,
Defendant.
Civil Action No. 1:16-00967 (RDM)
[PROPOSED] PRESERVATION ORDER order ensure that the agency records issue this litigation are preserved
throughout the pendency this litigation, hereby
ORDERED that Defendant shall take all necessary and reasonable steps preserve all
agency records the personal email accounts Secretary Jeh Johnson, Deputy Secretary
Alejandro Mayorkas, and General Counsel Stevan Bunnell. Defendant shall advise the Court
the steps has taken preserve such records later than January ___, 2017.
_______
Date
________________________________
United States District Judge