Skip to content

Get Judicial Watch Updates!

DONATE

Judicial Watch • JW v DHS preservation hearing transcript 00967

JW v DHS preservation hearing transcript 00967

JW v DHS preservation hearing transcript 00967

Page 1: JW v DHS preservation hearing transcript 00967

Category:

Number of Pages:37

Date Created:January 6, 2017

Date Uploaded to the Library:January 06, 2017

Tags:heaps, preservation, 00967, Transcript, honor, peterson, Homeland, hearing, DHS, security, government, Secretary, request, federal, records, FOIA, department


File Scanned for Malware

Donate now to keep these documents public!


See Generated Text   ∨

Autogenerated text from PDF

THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT COLUMBIA
JUDICIAL WATCH, INC.,
Civil Action
No. 1:16-cv-00967-RDM
Plaintiff,
vs.
Washington,
January 2017
U.S. DEPARTMENT HOMELAND
SECURITY,
2:06 p.m.
Defendant.
__________________________/
TRANSCRIPT STATUS CONFERENCE HEARING
BEFORE THE HONORABLE RANDOLPH MOSS
UNITED STATES DISTRICT COURT JUDGE
APPEARANCES
For the Plaintiff:
James Peterson
JUDICIAL WATCH, INC.
425 Third Street, SW, Suite 800
Washington, 20024
For the Defendant:
Bailey Wilson Heaps
U.S. DEPARTMENT JUSTICE
Civil Division Massachusetts Avenue,
Washington, 20001
_____________________________________________________________
Court Reporter:
Jeff Hook, CSR, RPR
Official Court Reporter
U.S. District Bankruptcy Courts
333 Constitution Avenue,
Room 4700-C
Washington, 20001
Proceedings recorded realtime stenographic shorthand;
transcript produced computer-aided transcription.
DEPUTY CLERK:
Civil action 16-967, Judicial
Watch, Incorporated versus U.S. Department Homeland
Security.
identify yourselves for the record.
Will counsel please approach the podium and
MR. PETERSON:
Good afternoon, your Honor.
Peterson for plaintiff Judicial Watch.
James the president Judicial Watch, Tom Fitton.
THE COURT:
MR. FITTON:
MR. HEAPS:
With the table
Good afternoon both you.
Good afternoon.
Good afternoon, your Honor.
Bailey
Heaps for the Department Homeland Security.
counsel table Marcia Berman, like from the Department Justice, and Grace Cheng from the Department Homeland
Security.
With
THE COURT:
Okay, thank you.
MR. HEAPS:
Thanks.
THE COURT: Mr. Peterson, why dont you kick
things off, its your motion with respect preservation. can say the outset that not sure that see things changed fundamentally from the last time discussed
this.
that was likely that the individuals who are holding the
records were not going government come few weeks
from now one way the other. all knew there was going election and
And guess the question really what
different?
know whats different much what the particular need this case for the reason believe that these records
wont otherwise preserved and available you? particular and not even sure need
MR. PETERSON:
Whats going happen two weeks
and day sometime shortly around that time, these
officials are going leave.
THE COURT: not all them. think some them are already gone,
think least. mean, many them are already gone
MR. PETERSON:
Well, havent been informed
that the defendant.
change that they will longer agency employees.
While counsel for DHS has represented that theyve currently
been asked preserve, dont know anything about that
terms what precisely they were asked preserve, you
know, any particular timing criteria that were used
try to.
out the door with these records, and thats going change
the landscape.
But this case, whats going
And whats going happen theyre going walk
THE COURT: sorry, thats not really correct
sort analogy.
door and theyre going leaving their positions, but
theyre not walking out the door with records that are may the records are already out the
currently the possession the Department Homeland
Security.
have their personal possession, and have for many months
and perhaps years had their personal possession records
that may records the Department Homeland Security.
The concern that these individuals actually its not though January 20th theyre
leaving the building with big box documents that belong the Department Homeland Security.
records are already their private servers this point.
Those documents
MR. PETERSON:
they will longer employees.
the position where the Department State was with Hillary
Clinton where all theyre going say were going
ask that these records returned, but theyll have
ability compel.
THE COURT:
But the critical difference that
And then theyll
But guess question why that
any different from when theyre government employees versus
not government employees?
President can fire the Secretary Homeland Security over
this, and come the 20th hell longer have that remedy
available?
thats going used actually achieve the return
documents. the difference that the mean, that seems unlikely that thats the tool
MR. PETERSON:
Well, there are variety tools
certainly for agency compel employee certain
things.
THE COURT: guess thats question, what
the difference between employee versus former employee?
MR. PETERSON:
Well, the agency obviously has the
ability instruct employee certain things that
cannot instruct former employee do.
THE COURT:
And what the basis for that?
Thats what trying understand.
MR. PETERSON:
The fact that theyre part
their employment relationship.
THE COURT: mean, guess mean, would have thought that
these are government records, whoever has them has return
them the government, they belong the government.
dont care whether youre government employee not
government employee, you have records that belong the
government you have return them.
see the difference whether youre government
employee not.
MR. PETERSON: not quite sure think stepping back here
completely agree with that, your Honor.
that they should not allowed that these records need returned the government.
representation whatsoever that theyre going doing
that regards the three officials independent this
FOIA case.
The simple fact
The agency has made
They have responsibility under the Federal
Records Act not let these records leave longer
they have bring them back.
over them wherever they may be.
and they havent said anything about doing that.
they that, then its going make everything more
simple.
THE COURT:
Okay.
They have have control
They have have control,
And once
Well, let hear from the
government then and ask questions about what theyre doing
and what theyve done.
MR. PETERSON:
MR. HEAPS:
Good afternoon, your Honor.
THE COURT:
Good afternoon.
MR. HEAPS: start noting that motion for
Thank you. preservation order evaluated under the same high
standard motion for preliminary injunctive relief.
THE COURT:
Thats not necessarily correct.
mean, think theres difference views that.
Bates the Al-anazi case said, document preservation
order more injunction than order requiring
party identify witness produce documents
discovery, and demands only that the party seeking
preservation order demonstrate that necessary and not
unduly burdensome.
MR. HEAPS:
Judge think even thats the standard,
your Honor, Judicial Watch has fallen rather short
meeting it.
that weve heard today would say justifies any sort
preservation order.
August, and Judicial Watch sort spoke broad terms
about bringing the records under the control the
government.
that would memorialize the necessity that these officials
preserve which have done.
Nothing their papers particularly nothing
This was raised when were here
That wasnt ordered then. told the Court
THE COURT: this case was filed May.
MR. HEAPS:
Correct, your Honor.
THE COURT:
Where are the documents? mean,
wouldnt have thought would that hard retrieve
e-mails from handful individuals who may have
government e-mails their personal servers.
more than half year.
Where are the documents?
MR. HEAPS:
Its now been
Where are the records?
That the subject our motion for
partial summary judgment. search for those records given the boundless nature
plaintiffs request asking for records that concern, regard relate official government business. search for those records.
THE COURT:
Our position that cant
Theres way
But havent you requested mean,
just matter the agencys responsibility, said
these individuals you have dont care whether
theyre called for this case not, you have records
that are government records you should return them?
MR. HEAPS:
Well, your Honor alluded to,
think that that entirely independent the case that
Judicial Watch has sought.
acknowledged that themselves just now.
THE COURT:
And think Judicial Watch
But just matter good
government, you know, whether someone brings lawsuit
not.
Theres representative here the table from the
Department Homeland Security.
from the D.C. Circuit that talks about the Federal Records
Act and the responsibility agency retrieve records
that have left. have recent decision
Its been six months, whats happened the
records?
custody those records? anybody doing anything actually retrieve
MR. HEAPS: think the question whether
records have been removed destroyed sort
premature and hypothetical question.
reason doubt that the individuals intend comply with
their obligations under the Federal Records Act, and that
the agency intends comply with its obligations under the
Federal Records Act. think theres think that the decision from the D.C. Circuit
that Judicial Watch brought forward shows that there are
mechanisms bring back records necessary.
THE COURT:
But you say theres reason
doubt that the agency will pursue the records and that
theyll returned, but its been six months. there any evidence that anything has been done retrieve those documents records?
MR. HEAPS: think that the six months though,
your Honor, refers the time FOIA request which
independent any obligations under the Federal Records
Act.
respect the FOIA case had valid request been filed
submitted.
And dont think would this position with
THE COURT:
But put that aside for second.
mean, the government has been notice least since May
though that theres reason believe that there are e-mails
that are residing individuals private servers that are
government records, right?
MR. HEAPS:
Your Honor, the first thing would
point out and think its important because were going
back and forth between FOIA and the Federal Records Act, dont have reason believe let clear,
dont know that there are federal records that are the
personal e-mail accounts.
THE COURT:
are? has anyone checked see there
Has anyone asked question, anything try and
figure that out?
MR. HEAPS: that, your Honor.
THE COURT: cant represent one way the other
Because you dont know this point because youre not position able tell me?
MR. HEAPS: dont know your Honors
question has been put terms the standard for the
Federal Records Act, dont know.
THE COURT:
Well, guess question just that
its been several months.
telephone and called these individuals and said, you know,
theres this complaint that says that you have federal
records your e-mail server, can you check and see?
MR. HEAPS:
Has anyone picked the
Weve been discussion the
Department Homeland Security has been discussions with
the individuals named the request since very shortly
after the request came about the existence the FOIA
request.
court the status conference, memorialized
preservation notice issued the Department Justice
the Department Homeland Security which was then sent
along the individuals named the request, and
hand-delivered those individuals which time they
confirmed intent abide their obligation
preserve.
And then upon our discussion August here
And now your Honor alluded
THE COURT:
What does that request cover?
Does
cover any communications relating the official business the Department Homeland Security?
MR. HEAPS: want little bit careful
about how describe it, because weve communicated
Judicial Watch, believe thats privileged document.
But speaking broad terms, yes, anything that could
arguably responsive Judicial Watchs FOIA request
which itself very broad.
THE COURT: that attorney-client
communication its with former employees? these folks longer work the Department Homeland
Security, correct?
MR. HEAPS: mean, some
The preservation notice referring was issued three then current Department Homeland
Security officials.
when were here August, Christian Marrone, the former
Chief Staff, was asked search for sorry, preserve,
search for and return any records that could even arguably responsive the FOIA request.
employee aside, the
THE COURT:
Separately, the official who had left putting the former know that Mr. Mayorkas, know that
hes longer the Department Homeland Security
because hes what was former law firm currently.
MR. HEAPS:
Yes, are certainly aware that
has left.
Homeland Security, was asked reaffirm his intent
abide the preservation notice which did.
other officials, Secretary Johnson and the general counsel
Mr. Bunnell, will similarly reminded their obligation preserve and asked reaffirm their intent when
they leave around January 20th.
THE COURT:
And fact, when departed the Department
And the theyve been instructed so,
what the harm the Court entering order embodying
that?
MR. HEAPS:
Well, the first harm that whether
under the standard your Honor enunciated the standard,
Judicial Watch hasnt met that standard.
looking the proposed order that Judicial Watch has
submitted, its not even clear what theyre asking for
this case.
underscores that not warranted and speaks the harm.
Beyond that,
And think that sort theres that both think that they suggested August,
that they are requesting somehow some government employees
take possession, think that sort stunning remedy
and would have serious privacy implications.
THE COURT:
Well, certainly agree the extent
that the request one that all e-mails that reside
their server for example taken the government, because
they presumably have personal e-mails well ones
relating the government.
MR. HEAPS:
Correct, almost entirely
personal e-mails.
Honor, just because there are number different cases
that get talked about lot.
servers, these are Gmail accounts.
And would just say one thing, your
THE COURT:
These are not personal
Your clarification well taken.
didnt mean slip into that language. that the last time spoke there was reason believe
that there could have been many 17,000 e-mails that
one individual had, 5,000 for another, 500 for one and
11,000 for another recollection
MR. HEAPS:
Thats exactly right.
THE COURT: that dealt with official DHS
business, right?
MR. HEAPS:
e-mails period.
THE COURT:
Oh, that they have their Gmail
MR. HEAPS:
No, your Honor, those are total
Correct.
account?
And the argument that think introduced when gave you those numbers August
and then that flesh out our summary judgment papers
that would search for response FOIA
request isolate for some other purpose any e-mails that
quote, unquote regard, concern relate official
government business would require perusing 17,000 e-mails
for Secretary Johnson, 5,000 for Deputy Secretary Mayorkas, cetera.
THE COURT: guess what dont understand
dont see how the government can argue that that process
segregation unduly burdensome based Judicial Watchs
FOIA request given the fact that understand it, just matter the Federal Records Act, theres obligation return the government any event any records that
are that relate the official business the
Department Homeland Security. theres obligation under the Federal
Records Act that any event, not quite sure why unduly burdensome why Judicial Watchs
request imposes undue burden.
MR. HEAPS:
But there are different standards
under the two acts.
for the purposes FOIA but potentially not for another
statute.
returned the government terms what required,
what could required under FOIA where youre talking about
agency records and the Federal Records Act which speaks
terms federal records and has more substantive
component.
Something could unduly burdensome
And there difference what must
THE COURT:
What would the difference between
FOIA record and federal record?
MR. HEAPS:
Well, federal record speaking
sort broad terms, believe the statutory definition that documents sort the function, purpose,
undertakings the federal government which isnt
necessarily imported into FOIAs definition what
agency record might be.
THE COURT: right understanding that
this point, nothing has taken place far try and
segregate out potential federal records from the personal
e-mails?
MR. HEAPS:
From the personal e-mails, cant not aware that any efforts have been undertaken.
again, that particularly true because the request that received this case.
bounded request that lended itself search terms, think
wed very different posture all fronts.
THE COURT:
But
Had there been request for
Let hear again from plaintiffs
counsel, thank you.
MR. HEAPS:
Thank you, your Honor.
THE COURT: why dont put more
open-ended question. this point?
What are you requesting that the Court
MR. PETERSON:
possibilities.
Sure. would envision range
Again, dont know didnt know when wrote our proposed order exactly what has been done.
Apparently not that much.
immediately the agency either order the employees print,
copy otherwise provide the agency the full range
e-mails from within the two year period the FOIA request.
Thats not burdensome thing do.
something for the Department Homeland Security,
might something simple clicking button mouse copy e-mails. would suggest that might
Beyond that that could saved
printed.
Beyond that, minimum would suggest that
the agency required provide declaration the
specific steps taken ensure the preservation; that the
employees required under oath state that they are
going preserve until finally begin this process
recovering these records.
THE COURT: with respect your first proposal
with respect printing, copying otherwise producing the
e-mails within the two year range, youre only talking there
about the e-mails that relate government business
assume and not their personal e-mails?
MR. PETERSON:
Well, the agency asserts that its
too difficult for them segregate.
well, okay, for the time being then copy electronically
copy the full range that can then would suggest that
THE COURT:
MR. PETERSON:
THE COURT:
MR. PETERSON:
THE COURT:
the rights the individuals.
statutes that would protect them with respect that.
And provide the government? sorry?
And provide that the government? wasnt would think that that would violate
MR. PETERSON: suspect there are various could kept most,
could kept under seal. could deposited with the
Court under Rule 67.
possibilities here.
intermingle agency records within their personal matters. the former Secretary State well knows, unfortunately
that results possibly some impingement privacy.
thats the situation that they created, the agency and these
employees. mean, there are any number was these employees that chose
But
You know, the startling thing here is, agency
counsel has admitted, efforts have been made recover
these e-mails after all this time. situation where federal records are these employees
will have all left and the federal records will out there
with attempts recover, and well dealing with this Federal Records Act case soon enough.
THE COURT:
And were going
Well, indicated before, not
sure buy that portion your argument just because
think the records are out there already.
walking out the door and youre asking saying please
dont let them walk out the door this.
MR. PETERSON:
THE COURT:
MR. PETERSON:
Theyre not
Theyre sitting
But dont know that. Gmail server somewhere.
Well, okay, excuse me.
Yes.
But dont know that, your Honor.
employees agreed not delete whatever they consider
potentially responsive record.
THE COURT: dont know that the think its been represented
that they have, but can clarify that and should
clarify it.
MR. PETERSON:
But dont know that the
employees may feel bound that after theyve left
employment.
for all know.
They may think their FOIA responsibilities end
THE COURT: let ask you this. understand
the sort understand the concern about the
attorney-client communication.
have the department communicate these four individuals?
You know, preserve all the e-mails your accounts
before that are existing until such time somebody can
make determination with respect whats federal record
and whats not federal record; two, want your
What that you would
affirmation that you understand that youre going agree abide that condition.
MR. PETERSON:
Anything more than that?
Well, this couched terms court order and theyre required and they are stating
under oath that theyre going that, mean, thats
helpful.
preserving the records that they can then evaluated
agency employees when the times come.
really remarkable situation when federal records are out dont think its good having the mean, this
there, attempts have been made recover them and
apparently none have even been planned.
THE COURT: question for you can you represent today not today the future that all four the individuals
here have been told that theyre required matter
federal law preserve any federal records; that that means
that they should preserve all the e-mails that they have
pending some determination with respect what federal
record not; and three, that theyve affirmed that they
will fact whats been asked them?
MR. HEAPS:
Let talk again Mr. Heaps.
Your Honor, because perhaps today
yesterday with the notice supplemental authority the
first time Judicial Watch has ever mentioned the Federal
Records Act this case and certainly hasnt pleaded such
claim, cant put terms what the Federal Records
Act requires.
individuals have been notified that theyre obligated
preserve records that could even arguably responsive
Judicial Watchs FOIA request; that that obligation
preserve not time bound; and that that obligation
preserve continues until theyre told otherwise.
What can tell your Honor that the
THE COURT:
And have all four them agreed
expressly that?
MR. HEAPS:
The three who worked DHS when
came before the Court August have confirmed their intent abide the preservation notice.
Mr. Marrone, had already departed the Department Homeland
Security, and was asked preserve, search for and
return any even arguably responsive records.
speak know hes receipt that notice.
speak whether hes confirmed intent abide it.
The fourth,
And cant cant
But think its important reiterate, your
Honor, that that what the D.C. Circuit told
its CEI decision. you have ask that records returned, and that the
requirement that DHS has abided by.
The panel there said what you have
THE COURT:
What guidance have you provided with
respect what records may even arguably related the
FOIA request this case?
understand that? mean, how are they
What are they going understand that
mean?
MR. HEAPS:
Well, again want careful not reveal the nature specific attorney-client
communications, but
THE COURT: theres need for you parte manner, can ask Mr. Peterson whether thats
something that would amenable to.
MR. HEAPS:
And can provide the preservation
notice that issued your Honor camera parte.
THE COURT:
Mr. Peterson, any objection them
doing that?
MR. PETERSON:
No, dont have objection
them doing that.
THE COURT:
Okay, thank you. would request that
you that.
MR. HEAPS:
Okay.
THE COURT: would request you that, and
would request that you confirm one way the other with the
one official who has actually departed whether agrees
abide the request produce maintain preserve
and return the records just know whether hes
agreed that not.
MR. HEAPS:
That, your Honor, something can
certainly work with the agency undertake.
THE COURT:
Its just matter picking the
phone and calling him.
phone calls that wont answer the question, you can
tell that. the answer wont take our
MR. HEAPS:
Okay, can that, understood.
THE COURT: why dont that for now.
going direct that the government produce camera under
seal the preservation notices that sent all four
the individuals.
the government the record with respect which those
And like also some representation from
individuals have agreed expressly bound that
direction request comply with it.
MR. HEAPS:
And sorry, just clarify,
something beyond what have been able represent the
Court today?
THE COURT:
Well, think that probably mean,
youre going need get back with respect the
one individual that left anyway.
just helpful file something just have something the record.
but have something the record that says the Court
you can say that youre filing notice camera filing
saying you filed the preservation notices camera with the
Court; and this further say this represent the
following individuals have agreed abide that notice its not they havent agreed, explain what the think probably would not doubting your word all for it,
circumstances are with respect that.
that and just sort figure out where from there.
And then can have
Now, know Ive got motion pending front now which think now fully briefed; that right?
MR. HEAPS:
Yes, your Honor.
THE COURT:
But think that mean, Ill
turn that soon can, but Ive got quite few
things ahead the queue.
probably ought schedule status conference.
But think that like
sort know the next status conference what has been
done.
evaluate what needs light the recent Judicial
Watch decision from the D.C. Circuit.
have been any efforts made actually obtain the return
any government records the department that those
individuals may have.
And may that the government just needs
But whether there mean, dont want get too much into the
merits, but sort just based recollection the
Federal Records Act and FOIA, think that somebody just
CCs for example their personal Gmail account record
that also copied their official e-mail, dont know
that that raises issue under the Federal Records Act.
Because all Federal Records Act and FOIA would require
that there actually preserved record the
communication the department.
MR. HEAPS:
The Federal Records Act believe
expressly allows for such communications sent private
address but copied copied forwarded .gov.
THE COURT:
Right. would only
circumstance where the only copy the communication was
beyond the control the government and the ability the
government respond.
assuming that the government and after looking the
recent decision, concludes that there some need
And think getting some sense
something more this, getting some sense what the
government doing with respect any Federal Records Act
issue think may ultimately also play into resolution
the FOIA request. mean, the government has determined for
example that needs retrieve the documents any event light the recent decision from the D.C. Circuit,
may that theres not much burden that point
time saying well, you know, want copy the
records.
exceptions, but have discrete set records review this point time.
Well have obviously review them for FOIA
MR. HEAPS: think that that would certainly
change things some respects with respect the burden
argument.
for the proposition that request that asks for records
But weve cited long line cases that stand
that concern, regard relate something, particularly
U.S. government business, that such requests are
invalid their face.
records need searched you were actually going search.
cases cited our brief.
recent opinion that cite and rely heavily, Landmark
Legal, makes that point rather nicely.
And think that theres long line those
THE COURT:
And thats true matter how many think that Judge Chutkans obviously not going prejudge
the motion.
well right about that, just havent looked yet. said, havent dug into yet.
You may
MR. HEAPS:
Sure.
THE COURT:
And not asking that you concede
anything the motion this point, but just that you
conclude that for other reasons its necessary retrieve
these documents, that may just something worth knowing
the Court addresses the issue.
What would reasonable period time set
for further status conference that would allow you sort
internally explore what the governments position with
respect whether may need more retrieve the
documents, and then sort get sense what would
involved doing that and what the scope any retrieval
would be?
MR. HEAPS:
Can speak colleagues very
quickly?
THE COURT: course.
MR. HEAPS:
Thank you.
(Brief pause.)
MR. HEAPS:
would what would request.
THE COURT: think, your Honor, that days why dont then set status
conference.
does that work for everybody for further status
Why dont 2:00 oclock the 2nd,
conference 2nd February?
MR. HEAPS:
Your Honor, hate the difficult
party here, but scheduled California planning wedding that date. all, Ive told fiances parents that Ill there.
THE COURT:
Ive paid for flights, and worst will not interfere with that.
how about the 17th 2:00 p.m., does that work for you?
MR. HEAPS:
That should work, your Honor.
THE COURT:
Mr. Peterson?
MR. PETERSON:
THE COURT:
Certainly.
Okay. lets have further status
conference February 17th 2:00 p.m.
the government going make parte camera
submission the preservation orders the
preservation requests, and will file the record notice that filing along with indication what youve heard the meantime,
back from each the four individuals with respect their
intentions with respect abiding that request.
MR. HEAPS:
Yes, your Honor.
THE COURT:
Okay.
MR. PETERSON:
Mr. Peterson? may. dont have any
objection materials being provided camera.
for sake clarification, not object this
kind schedule.
this, because they will longer agency employees
But just essentially obviates any need for
presumably that point and well the position
where theyre making simple requests like they have the
fourth employee here. keep the records from leaving government control any
respect.
THE COURT: will have missed the opportunity
Okay, understood.
Actually, that does
remind dont think discussed when the government
will make the filing, the camera filing. when would you propose that which
what will put position which can make
decision the pending motion then?
MR. HEAPS: week, your Honor.
THE COURT:
Thats fine. today January 5th, the 12th January youll make that filing which will
give week little over week before any
transition. Ive indicated, mean, two the
individuals are longer the government any event.
guess not convinced that whether theyre the
government not makes ultimate difference they have obligation. the government and they have obligation return them thats the case. theyre government records, they belong
And need be, some point time the Court
could enter order think that would even run against the
individuals they refused return the records.
Wed
obviously have take that the time.
think the fact that the folks are leaving government
fundamentally changes things.
luck then already two the four.
But dont does, youre out
MR. PETERSON:
MR. HEAPS:
Thank you.
THE COURT:
Okay.
MR. HEAPS:
No, thank you.
MR. PETERSON:
THE COURT:
(Proceedings adjourned 2:45 p.m.)
Okay.
Thank you, your Honor.
Anything further today?
No, thank you.
Okay, thank you.
.gov brings
.gov [1]
24/3
11,000 [1] 13/12
12th [1] 27/23
16-967 [1] 2/2
17,000 [2] 13/10 14/1
17th [2] 26/16 26/21
1:16-cv-00967-RDM [1] 1/4 [1] 1/17
20001 [2] 1/18 1/23
20024 [1] 1/14
2017 [1] 1/5
20th [3] 4/6 4/20 12/7
2:00 [1] 26/8
2:00 p.m [2] 26/16 26/21
2:06 [1] 1/6
2:45 p.m [1] 28/20
2nd [2] 26/8 26/10 [1] 26/5
333 [1] 1/22
425 [1] 1/14
4700-C [1] 1/22
5,000 [2] 13/11 14/2
500 [1] 13/11
5th [1] 27/22 [1]
17/10
800 [1]
1/14
967 [1]
2/2
abide [7] 10/24 12/3 19/2
20/11 20/16 21/20 22/24
abided [1] 20/21
abiding [1] 27/2
ability [3] 4/15 5/5 24/6
able [2] 10/5 22/13
about [13] 3/16 6/4 6/8
7/5 8/11 10/17 11/5 13/5
14/21 16/20 18/19 25/11
26/16
above [1] 29/5
above-entitled [1] 29/5
account [2] 13/19 23/20
accounts [3] 9/23 13/6
18/22
achieve [1] 4/22
acknowledged [1] 8/6
Act [18] 6/1 8/12 8/21
8/23 9/10 9/20 10/8 14/8
14/13 14/22 17/23 19/24
20/1 23/19 23/22 23/23
24/1 24/11
action [2] 1/3 2/2
acts [1] 14/17
actually [8] 4/2 4/22 8/15
21/19 23/14 23/24 25/4
27/15
address [1] 24/3
addresses [1] 25/17
adjourned [1] 28/20
admitted [1] 17/18
affirmation [1] 19/1
affirmed [1] 19/19
after [4] 10/17 17/19
18/15 24/8
afternoon [6] 2/6 2/9 2/10
2/11 6/11 6/12
again [5] 15/14 15/18
15/25 19/12 21/2
against [1] 28/8
agency [19] 3/14 4/25 5/4
5/22 8/12 8/22 9/3 14/22
15/7 16/3 16/4 16/12 16/22
17/12 17/15 17/17 19/8
21/24 27/9
agencys [1] 7/24
agree [3] 5/20 12/22 19/1
agreed [6] 18/9 20/7 21/22
22/10 22/24 22/25
agrees [1] 21/19
ahead [1] 23/8
aided [1] 1/25 [1] 6/18
Al-anazi [1] 6/18
all [16] 2/22 3/10 4/13
12/23 15/17 17/19 17/21
18/17 18/22 19/14 19/17
20/7 22/7 22/19 23/23
26/14
allow [1] 25/19
allowed [1] 5/21
allows [1] 24/2
alluded [2] 8/3 10/25
almost [1] 13/2
along [2] 10/22 26/25
already [7] 3/9 3/10 3/23
4/9 18/1 20/12 28/13
also [3] 22/8 23/21 24/12 [2] 15/8 15/13
amenable [1] 21/7
analogy [1] 3/23
anazi [1] 6/18
another [3] 13/11 13/12
14/18
answer [2] 22/1 22/2
any [26] 3/18 4/17 7/2 9/5
9/9 11/2 11/19 13/24 14/9
14/9 14/13 15/13 17/10
19/16 20/14 21/10 23/14
23/15 24/11 24/15 25/23
27/5 27/8 27/13 27/24 28/1
anybody [1] 8/15
anyone [3] 9/24 9/25 10/10
anything [9] 3/16 6/4 8/15
9/5 9/25 11/7 19/2 25/14
28/16
anyway [1] 22/17
apparently [2] 16/2 19/11
APPEARANCES [1] 1/12
approach [1] 2/4
are [43]
arguably [5] 11/8 11/19
20/3 20/14 20/23
argue [1] 14/5
argument [3] 13/20 17/25
24/24
around [2] 3/7 12/7 [35]
aside [2] 9/13 11/21
ask [5] 4/14 6/8 18/18
20/20 21/6
asked [8] 3/16 3/17 9/25
11/18 12/2 12/6 19/20
20/13
asking [4] 7/20 12/15 18/2
25/13
asks [1] 24/25
asserts [1] 16/22
assume [1] 16/21
assuming [1] 24/8 [32]
attempts [2] 17/22 19/10
attorney [3] 11/10 18/20
21/3
attorney-client [3] 11/10
18/20 21/3
August [6] 7/4 10/18 11/17
12/18 13/21 20/10
authority [1] 19/22
available [2] 3/5 4/21
Avenue [2] 1/17 1/22
aware [2] 11/25 15/13
back [6] 5/19 6/2 9/1 9/20
22/16 27/1
Bailey [2] 1/16 2/11
Bankruptcy [1] 1/21
based [2] 14/6 23/18
basis [1] 5/7
Bates [1] 6/18 [68]
because [12] 9/19 10/4
10/5 11/5 11/24 12/24 13/4
15/14 17/25 19/21 23/23
27/9
been [28] 3/12 3/16 7/14
8/14 8/18 9/4 9/5 9/11
9/14 10/7 10/10 10/14
10/15 12/8 13/10 15/13
15/15 16/1 17/18 18/11
19/10 19/11 19/15 19/20
20/2 22/13 23/10 23/14
before [5] 1/10 17/24
18/23 20/10 27/24
begin [1] 16/15
being [2] 16/24 27/6
believe [7] 3/4 9/15 9/21
11/6 13/9 15/3 24/1
belong [4] 4/7 5/13 5/15
28/4
Berman [1] 2/13
between [3] 5/3 9/20 14/25
beyond [5] 12/13 16/9
16/11 22/13 24/6
big [1] 4/7
bit [1] 11/4
both [2] 2/9 12/16
bound [3] 18/15 20/5 22/10
bounded [1] 15/16
boundless [1] 7/19
box [1] 4/7
brief [2] 25/6 26/4
briefed [1] 23/4
bring [2] 6/2 9/1
bringing [1] 7/5
brings [1] 8/8
broad done
broad [4] 7/4 11/7 11/9
15/3
brought [1] 8/25
building [1] 4/7
Bunnell [1] 12/5
burden [3] 14/15 24/17
24/23
burdensome [5] 6/23 14/6
14/14 14/17 16/6
business [7] 7/21 11/2
13/15 14/1 14/10 16/20
25/2
but [34]
button [1] 16/8
buy [1] 17/25
clear [2] 9/21 12/15
clicking [1] 16/8
client [3] 11/10 18/20
21/3
Clinton [1] 4/13
colleagues [1] 25/25
COLUMBIA [1] 1/1
come [3] 2/24 4/20 19/8
communicate [1] 18/21
communicated [1] 11/5
communication [4] 11/11
18/20 23/25 24/5
communications [3] 11/2
21/4 24/2
compel [2] 4/15 4/25
complaint [1] 10/12
completely [1] 5/20
comply [3] 8/20 8/22 22/11
component [1] 14/24
computer [1] 1/25
computer-aided [1] 1/25
concede [1] 25/13
concern [5] 4/2 7/20 13/25
18/19 25/1
conclude [1] 25/15
concludes [1] 24/9
condition [1] 19/2
conference [8] 1/9 10/19
23/9 23/10 25/19 26/8
26/10 26/21
confirm [1] 21/18
confirmed [3] 10/24 20/10
20/16
consider [1] 18/9
Constitution [1] 1/22
continues [1] 20/6
control [5] 6/2 6/3 7/5
24/6 27/13
convinced [1] 28/2
copied [3] 23/21 24/3 24/3
copy [6] 16/4 16/9 16/24
16/25 24/5 24/18
copying [1] 16/18
correct [7] 3/22 6/16 7/10
11/13 13/2 13/20 29/4
couched [1] 19/3
could [11] 11/7 11/19
13/10 14/17 14/21 16/9
17/8 17/9 17/9 20/3 28/8
counsel [6] 2/4 2/13 3/15
12/4 15/19 17/18
course [1] 26/2
court [16] 1/1 1/10 1/20
1/21 7/6 10/19 12/9 15/22
17/10 19/4 20/10 22/14
22/20 22/23 25/17 28/7
Courts [1] 1/21
cover [2] 11/1 11/2
created [1] 17/15
criteria [1] 3/18
critical [1] 4/10
CSR [3] 1/20 29/3 29/10
current [1] 11/15
currently [3] 3/15 4/1
11/24
custody [1] 8/16 [1] 1/4
California [1] 26/12
called [2] 8/1 10/11
calling [1] 22/1
calls [1] 22/2
came [2] 10/17 20/10
camera [7] 21/9 22/6 22/21
22/22 26/22 27/6 27/17
can [20] 2/20 4/19 10/13
14/5 16/25 18/12 18/23
19/7 19/13 20/1 21/6 21/8
21/23 22/2 22/4 22/21 23/1
23/7 25/25 27/19
cant [6] 7/18 10/2 15/12
19/25 20/14 20/15
cannot [1] 5/6
care [2] 5/14 7/25
careful [2] 11/4 21/2
case [14] 3/4 3/13 5/25
6/18 7/9 8/1 8/4 9/11
12/16 15/15 17/23 19/24
20/24 28/6
cases [3] 13/4 24/24 25/6
CCs [1] 23/20
CEI [1] 20/19
certain [2] 4/25 5/5
certainly [7] 4/25 11/25
12/22 19/24 21/24 24/22
26/19
certify [1] 29/3
cetera [1] 14/3
change [3] 3/14 3/20 24/23
changed [1] 2/21
changes [1] 28/12
check [1] 10/13
checked [1] 9/24
Cheng [1] 2/14
Chief [1] 11/18
chose [1] 17/11
Christian [1] 11/17
Chutkans [1] 25/6
Circuit [5] 8/11 8/24
20/18 23/13 24/16
circumstance [1] 24/5
circumstances [1] 23/1
cite [1] 25/7
cited [2] 24/24 25/6
Civil [3] 1/3 1/17 2/2
claim [1] 19/25
clarification [2] 13/7
27/7
clarify [3] 18/12 18/13
D.C [5] 8/11 8/24 20/18
22/12
23/13 24/16
date [2] 26/13 29/10
day [1] 3/7
days [1] 26/5 [4] 1/5 1/14 1/18 1/23
dealing [1] 17/22
dealt [1] 13/14
decision [7] 8/10 8/24
20/19 23/13 24/9 24/16
27/20
declaration [1] 16/12
defendant [3] 1/7 1/16
3/13
definition [2] 15/3 15/6
delete [1] 18/9
delivered [1] 10/23
demands [1] 6/21
demonstrate [1] 6/22
departed [3] 12/1 20/12
21/19
department [25] 1/6 1/16
2/3 2/12 2/13 2/14 4/1 4/5
4/8 4/12 8/10 10/15 10/20
10/21 11/3 11/12 11/15
11/23 12/1 14/11 16/7
18/21 20/12 23/15 23/25
deposited [1] 17/9
Deputy [1] 14/2
describe [1] 11/5
destroyed [1] 8/18
determination [2] 18/24
19/18
determined [1] 24/14
DHS [4] 3/15 13/14 20/9
20/21
did [1] 12/3
didnt [2] 13/8 15/25
difference [8] 4/10 4/18
5/3 5/17 6/17 14/19 14/25
28/3
different [6] 3/2 3/3 4/17
13/4 14/16 15/17
difficult [2] 16/23 26/11
direct [1] 22/6
direction [1] 22/11
discovery [1] 6/21
discrete [1] 24/20
discussed [2] 2/21 27/16
discussion [2] 10/14 10/18
discussions [1] 10/15
DISTRICT [4] 1/1 1/1 1/10
1/21
Division [1] 1/17 [35]
document [2] 6/18 11/6
documents [11] 4/7 4/8
4/23 6/20 7/11 7/16 9/6
15/4 24/15 25/16 25/22
does [6] 11/1 11/1 26/9
26/16 27/15 28/12
doing [8] 5/23 6/4 6/8
8/15 21/11 21/13 24/11
25/23
dont [29] 2/18 3/16 5/14
7/25 9/10 9/21 9/22 10/4
10/6 10/8 14/4 14/5 15/21
15/25 18/3 18/5 18/8 18/8
18/14 19/6 21/12 22/5
23/17 23/21 26/7 26/8 27/5
27/16 28/10
done [5] 6/9 7/8 9/5 16/1
23/11
door hypothetical
door [5] 3/20 3/24 3/25
18/2 18/3
doubt [2] 8/20 9/3
doubting [1] 22/19
dug [1] 25/10
e-mail [3] 9/23 10/13
23/21
e-mails [20] 7/13 7/14
9/15 12/23 12/25 13/3
13/10 13/17 13/24 14/1
15/11 15/12 16/5 16/9
16/19 16/20 16/21 17/19
18/22 19/17
each [1] 27/1
efforts [3] 15/13 17/18
23/14
either [1] 16/3
election [1] 2/22
electronically [1] 16/24
embodying [1] 12/9
employee [10] 4/25 5/3 5/3
5/5 5/6 5/14 5/15 5/18
11/21 27/12
employees [15] 3/14 4/11
4/17 4/18 11/11 12/19 16/3
16/14 17/11 17/16 17/20
18/9 18/15 19/8 27/9
employment [2] 5/10 18/16
end [1] 18/16
ended [1] 15/22
enough [1] 17/23
ensure [1] 16/13
enter [1] 28/8
entering [1] 12/9
entirely [2] 8/4 13/2
entitled [1] 29/5
enunciated [1] 12/12
envision [1] 15/24
essentially [1] 27/8 [1] 14/3
evaluate [1] 23/12
evaluated [2] 6/14 19/7
even [9] 3/2 6/24 11/19
12/15 19/11 20/3 20/14
20/23 28/8
event [4] 14/9 14/13 24/15
28/1
ever [1] 19/23
everybody [1] 26/9
everything [1] 6/5
evidence [1] 9/5 [3] 21/6 21/9 26/22
exactly [2] 13/13 16/1
example [3] 12/24 23/20
24/15
exceptions [1] 24/20
excuse [1] 18/7
existence [1] 10/17
existing [1] 18/23
explain [1] 22/25
explore [1] 25/20
expressly [3] 20/8 22/10
24/2
extent [1] 12/22
face [1]
25/3
fact [6] 5/9 5/20 12/1
14/7 19/20 28/11
fallen [1] 6/25
far [1] 15/9
February [2] 26/10 26/21
February 17th [1] 26/21
federal [33]
feel [1] 18/15
few [2] 2/24 23/7
fiances [1] 26/14
figure [2] 10/1 23/2
file [2] 22/18 26/24
filed [3] 7/9 9/11 22/22
filing [6] 22/21 22/21
26/25 27/17 27/17 27/23
finally [1] 16/15
fine [1] 27/22
fire [1] 4/19
firm [1] 11/24
first [4] 9/18 12/11 16/17
19/23
Fitton [1] 2/8
flesh [1] 13/22
flights [1] 26/13
FOIA [20] 5/25 9/8 9/11
9/20 10/17 11/8 11/20
13/23 14/7 14/18 14/21
15/1 16/5 18/16 20/4 20/24
23/19 23/23 24/13 24/19
FOIAs [1] 15/6
folks [2] 11/12 28/11
following [1] 22/24
foregoing [1] 29/4
former [7] 5/3 5/6 11/11
11/17 11/20 11/24 17/13
forth [1] 9/20
forward [1] 8/25
forwarded [1] 24/3
four [6] 18/21 19/14 20/7
22/7 27/1 28/13
fourth [2] 20/11 27/12
front [1] 23/3
fronts [1] 15/17
full [2] 16/4 16/25
fully [1] 23/4
function [1] 15/4
fundamentally [2] 2/21
28/12
further [5] 22/23 25/19
26/9 26/20 28/16
future [1] 19/14
6/11 6/12 8/7 19/6
got [2] 23/3 23/7
government [48]
governments [1] 25/20
Grace [1] 2/14
guess [7] 3/1 4/16 5/2
5/10 10/9 14/4 28/2
guidance [1] 20/22
had [6] 4/4 9/11 11/16
13/11 15/15 20/12
half [1] 7/15
hand [1] 10/23
hand-delivered [1] 10/23
handful [1] 7/13
happen [2] 3/6 3/19
happened [1] 8/14
hard [1] 7/12
harm [3] 12/9 12/11 12/17
has [25] 3/15 5/4 5/12
5/12 5/22 6/25 8/5 9/5
9/14 9/24 9/25 10/7 10/10
10/15 12/1 12/14 14/23
15/9 16/1 17/18 19/23
20/21 21/19 23/10 24/14
hasnt [2] 12/13 19/24
hate [1] 26/11
have [60]
havent [6] 3/12 6/4 7/23
22/25 25/10 25/11
having [1] 19/6
having the [1] 19/6 [9] 11/25 12/1 12/2
12/3 20/13 21/7 21/19 22/1
22/2
hell [1] 4/20
hes [5] 11/23 11/24 20/15
20/16 21/21
Heaps [3] 1/16 2/12 19/12
hear [2] 6/7 15/18
heard [2] 7/2 26/25
HEARING [1] 1/9
heavily [1] 25/7
helpful [2] 19/6 22/18
here [10] 5/19 7/3 8/9
10/18 11/17 17/11 17/17
19/15 26/12 27/12
high [1] 6/14
Hillary [1] 4/12
him [1] 22/1
his [1] 12/2
holding [1] 2/23
gave [1] 13/21
HOMELAND [19] 1/6 2/3 2/12
general [1] 12/4
2/14 4/1 4/5 4/8 4/19 8/10
get [4] 13/5 22/16 23/17
10/15 10/21 11/3 11/12
25/22
11/15 11/23 12/2 14/11
getting [2] 24/7 24/10
16/7 20/12
give [1] 27/24
Honor [28] 2/6 2/11 5/20
given [2] 7/19 14/7
6/11 6/25 7/10 8/3 9/8
Gmail [4] 13/6 13/18 18/6
9/18 10/3 10/25 12/12 13/4
23/20
13/16 15/20 18/8 19/21 [1] 23/2
20/1 20/18 21/9 21/23 23/5
going [25] 2/22 2/24 3/6
26/5 26/11 26/17 27/3
3/8 3/13 3/19 3/19 3/20
27/21 28/14
3/24 4/13 4/13 4/22 5/23
Honors [1] 10/6
6/5 9/19 16/15 17/19 19/1 HONORABLE [1] 1/10
19/5 20/25 22/6 22/16 25/4 Hook [3] 1/20 29/3 29/10
25/9 26/22
how [5] 11/5 14/5 20/24
gone [2] 3/9 3/10
25/3 26/16
good [8] 2/6 2/9 2/10 2/11 hypothetical [1] 8/19 Mr. [3] 6/13 22/8 23/9
Ill [2] 23/6 26/14 [16] 2/20 3/2 3/22 5/8
5/16 11/14 14/13 17/2
17/24 22/5 22/12 22/19
25/9 25/13 26/12 28/2
Ive [5] 23/3 23/7 26/13
26/14 27/25
identify [2] 2/5 6/20 [29] 3/10 5/11 5/15
6/24 7/25 8/1 9/24 10/6
10/6 11/11 12/8 12/18
14/12 19/3 19/14 21/5 22/1
22/25 23/19 24/14 25/4
25/14 27/5 28/3 28/4 28/6
28/7 28/9 28/12
immediately [1] 16/3
impingement [1] 17/14
implications [1] 12/21
important [2] 9/19 20/17
imported [1] 15/6
imposes [1] 14/15 [95]
INC [2] 1/3 1/13
Incorporated [1] 2/3
independent [3] 5/24 8/4
9/9
indicated [2] 17/24 27/25
indication [1] 26/25
individual [2] 13/11 22/17
individuals [20] 2/23 4/2
7/13 7/25 8/20 10/11 10/16
10/22 10/23 17/6 18/21
19/14 20/2 22/8 22/10
22/24 23/16 27/1 28/1 28/9
individuals [1] 9/16
informed [1] 3/12
injunction [1] 6/19
injunctive [1] 6/15
instruct [2] 5/5 5/6
instructed [1] 12/8
intend [1] 8/20
intends [1] 8/22
intent [5] 10/24 12/2 12/6
20/10 20/16
intentions [1] 27/2
interfere [1] 26/15
intermingle [1] 17/12
internally [1] 25/20
into [5] 13/8 15/6 23/17
24/12 25/10
introduced [1] 13/21
invalid [1] 25/3
involved [1] 25/23 [75]
isnt [1] 15/5
isolate [1] 13/24
issue [3] 23/22 24/12
25/17
issued [3] 10/20 11/15
21/9 [44]
its [17] 2/19 4/6 6/5
7/14 8/14 9/4 9/19 10/10
11/11 12/15 16/22 18/11
19/6 20/17 21/25 22/25
25/15
its [2] 8/22 20/19
itself [2] 11/9 15/16
James [2] 1/13 2/6
January [5] 1/5 4/6 12/7
27/22 27/23
January 20th [2] 4/6 12/7
January 5th [1] 27/22
Jeff [3] 1/20 29/3 29/10
Johnson [2] 12/4 14/2
JUDGE [3] 1/10 6/17 25/6
judgment [2] 7/18 13/22
JUDICIAL [19] 1/3 1/13 2/2
2/7 2/8 6/25 7/4 8/5 8/5
8/25 11/6 11/8 12/13 12/14
14/6 14/14 19/23 20/4
23/12
just [21] 7/24 8/6 8/7
10/9 13/3 13/4 14/7 17/25
21/21 21/25 22/12 22/18
22/18 23/2 23/11 23/18
23/19 25/11 25/14 25/16
27/6
JUSTICE [3] 1/16 2/14
10/20
justifies [1] 7/2
keep [1] 27/13
kept [2] 17/8 17/9
kick [1] 2/18
kind [1] 27/8
knew [1] 2/22
know [26] 3/3 3/16 3/18
8/8 9/22 10/4 10/6 10/8
10/11 11/22 11/22 15/25
15/25 17/17 18/5 18/8 18/8
18/14 18/17 18/22 20/15
21/21 23/3 23/10 23/21
24/18
knowing [1] 25/16
knows [1] 17/13
Landmark [1] 25/7
landscape [1] 3/21
language [1] 13/8
last [2] 2/21 13/9
law [2] 11/24 19/16
lawsuit [1] 8/8
least [2] 3/11 9/14
leave [3] 3/8 6/1 12/7
leaving [4] 3/24 4/7 27/13
28/11
left [6] 8/13 11/16 12/1
17/21 18/15 22/17
Legal [1] 25/8
lended [1] 15/16
let [7] 6/1 6/7 9/21 15/18
18/3 18/18 19/12
lets [1] 26/20
light [2] 23/12 24/16
like [4] 2/13 22/8 23/9
27/11
likely [1] 2/23
line [2] 24/24 25/5
little [2] 11/4 27/24
long [2] 24/24 25/5
longer [8] 3/14 4/11 4/20
6/1 11/12 11/23 27/9 28/1
looked [1] 25/11
looking [2] 12/14 24/8
lot [1] 13/5
luck [1] 28/13
made [4] 5/22 17/18 19/10
23/14
mail [3] 9/23 10/13 23/21
mails [20] 7/13 7/14 9/15
12/23 12/25 13/3 13/10
13/17 13/24 14/1 15/11
15/12 16/5 16/9 16/19
16/20 16/21 17/19 18/22
19/17
maintain [1] 21/20
make [6] 6/5 18/24 26/22
27/17 27/19 27/23
makes [2] 25/8 28/3
making [1] 27/11
manner [1] 21/6
many [4] 3/10 4/3 13/10
25/3
Marcia [1] 2/13
Marrone [2] 11/17 20/12
Massachusetts [1] 1/17
materials [1] 27/6
matter [7] 7/24 8/7 14/8
19/15 21/25 25/3 29/5
matters [1] 17/12
may [17] 3/23 4/5 6/3 7/9
7/13 9/14 18/15 18/16
20/23 23/11 23/16 24/12
24/17 25/10 25/16 25/21
27/5
Mayorkas [2] 11/22 14/2 [20] 2/7 2/12 2/13 6/7
9/2 9/21 10/5 15/18 18/2
18/7 18/11 18/18 19/12
22/3 22/16 23/4 26/23
27/16 27/19 27/24
mean [20] 3/10 4/21 5/10
5/11 6/17 7/11 7/23 9/14
11/11 13/8 17/10 19/5 19/8
20/24 21/1 22/15 23/6
23/17 24/14 27/25
means [1] 19/16
meantime [1] 26/21
mechanisms [1] 9/1
meeting [1] 7/1
memorialize [1] 7/7
memorialized [1] 10/19
mentioned [1] 19/23
merits [1] 23/18
met [1] 12/13
might [3] 15/7 16/6 16/8
minimum [1] 16/11
missed [1] 27/12
months [5] 4/3 8/14 9/4
9/7 10/10
more [8] 6/5 6/19 7/15
14/23 15/21 19/2 24/10
25/21
MOSS [1] 1/10
most [1] 17/8
motion [8] 2/19 6/13 6/15
7/17 23/3 25/10 25/14
27/20
mouse [1] 16/8 [1] 21/10
Mr. [8] 2/18 11/22 12/5
19/12 20/12 21/6 26/18
27/4
Mr. Bunnell purpose
Mr. Bunnell [1] 12/5
Mr. Heaps [1] 19/12
Mr. Marrone [1] 20/12
Mr. Mayorkas [1] 11/22
Mr. Peterson [4] 2/18 21/6
26/18 27/4
much [4] 3/3 16/2 23/17
24/17
must [1] 14/19 [10] 4/16 5/2 10/9
11/24 13/8 19/13 23/18
25/25 26/13 26/14
named [2] 10/16 10/22
nature [2] 7/19 21/3
necessarily [2] 6/16 15/6
necessary [3] 6/22 9/1
25/15
necessity [1] 7/7
need [10] 3/2 3/3 5/21
21/5 22/16 24/9 25/4 25/21
27/8 28/7
needs [3] 23/11 23/12
24/15
next [1] 23/10
nicely [1] 25/8 [23] 1/4 3/14 4/11 4/14
4/20 5/22 6/1 6/19 7/21
8/19 9/2 11/12 11/23 13/16
17/18 17/22 19/10 21/12
25/3 27/9 28/1 28/17 28/18
none [1] 19/11
not [45]
nothing [3] 7/1 7/1 15/9
notice [11] 9/14 10/20
11/14 12/3 19/22 20/11
20/15 21/9 22/21 22/24
26/24
notices [2] 22/7 22/22
notified [1] 20/2
noting [1] 6/13
now [8] 2/25 7/14 8/6
10/25 22/5 23/3 23/4 23/4
number [2] 13/4 17/10
numbers [1] 13/21 [2] 1/17 1/22
oclock [1] 26/8
oath [2] 16/14 19/5
object [1] 27/7
objection [3] 21/10 21/12
27/6
obligated [1] 20/2
obligation [8] 10/24 12/5
14/8 14/12 20/4 20/5 28/4
28/5
obligations [3] 8/21 8/22
9/9
obtain [1] 23/14
obviates [1] 27/8
obviously [4] 5/4 24/19
25/9 28/10
off [1] 2/19
official [9] 1/21 7/21
11/2 11/16 13/14 13/25
14/10 21/19 23/21
officials [5] 3/8 5/24 7/7
11/16 12/4 [1] 13/18
okay [13] 2/16 6/7 16/24
18/7 21/14 21/16 22/4
26/20 27/4 27/15 28/14
28/16 28/19 [28] 4/6 4/9 6/17 7/14
9/14 9/16 10/13 12/7 12/23
14/6 15/17 16/8 17/14 18/4
22/9 22/19 22/20 23/18
23/20 24/2 24/10 25/3 25/7
26/8 26/13 26/21 26/24
27/20
once [1] 6/4
one [9] 2/25 10/2 12/23
13/3 13/11 13/11 21/18
21/19 22/17
ones [1] 12/25
only [4] 6/21 16/19 24/4
24/5
open [1] 15/22
open-ended [1] 15/22
opinion [1] 25/7
opportunity [1] 27/12 [42]
order [11] 6/14 6/19 6/19
6/22 7/3 12/9 12/14 16/1
16/3 19/4 28/8
ordered [1] 7/6
orders [1] 26/23
other [6] 2/25 10/2 12/4
13/24 21/18 25/15
otherwise [4] 3/5 16/4
16/18 20/6
ought [1] 23/9
our [7] 7/17 7/18 10/18
13/22 16/1 22/1 25/6
out [14] 3/20 3/23 3/25
9/19 10/1 13/22 15/10
17/21 18/1 18/2 18/3 19/9
23/2 28/12
outset [1] 2/20
over [3] 4/19 6/3 27/24
p.m [4] 1/6 26/16 26/21
28/20
paid [1] 26/13
panel [1] 20/19
papers [2] 7/1 13/22
parents [1] 26/14
part [1] 5/9
parte [3] 21/6 21/9 26/22
partial [1] 7/18
particular [3] 3/2 3/3
3/18
particularly [3] 7/1 15/14
25/1
party [3] 6/20 6/21 26/12
pause [1] 26/4
pending [3] 19/18 23/3
27/20
perhaps [2] 4/4 19/21
period [3] 13/17 16/5
25/18
personal [12] 4/3 4/4 7/14
9/23 12/25 13/3 13/5 15/10
15/12 16/21 17/12 23/20
perusing [1] 14/1
Peterson [7] 1/13 2/7 2/18
21/6 21/10 26/18 27/4
phone [2] 22/1 22/2 [1] 12/12
picked [1] 10/10
picking [1] 21/25
place [1] 15/9
plaintiff [3] 1/4 1/13 2/7
plaintiffs [2] 7/20 15/18
planned [1] 19/11
planning [1] 26/12
play [1] 24/12
pleaded [1] 19/24
please [2] 2/4 18/2
podium [1] 2/4
point [11] 4/9 9/19 10/4
15/9 15/23 24/17 24/21
25/8 25/14 27/10 28/7
portion [1] 17/25
position [7] 4/12 7/18
9/10 10/5 25/20 27/10
27/19
positions [1] 3/24
possession [4] 4/1 4/3 4/4
12/20
possibilities [2] 15/25
17/11
possibly [1] 17/14
posture [1] 15/17
potential [1] 15/10
potentially [2] 14/18
18/10
precisely [1] 3/17
prejudge [1] 25/9
preliminary [1] 6/15
premature [1] 8/19
preservation [15] 2/19
6/14 6/18 6/22 7/3 10/20
11/14 12/3 16/13 20/11
21/8 22/7 22/22 26/23
26/24
preserve [15] 3/16 3/17
7/8 10/25 11/18 12/6 16/15
18/22 19/16 19/17 20/3
20/5 20/6 20/13 21/20
preserved [2] 3/5 23/24
preserving [1] 19/7
president [2] 2/8 4/19
presumably [2] 12/25 27/10
print [1] 16/3
printed [1] 16/10
printing [1] 16/18
privacy [2] 12/21 17/14
private [3] 4/9 9/16 24/2
privileged [1] 11/6
probably [3] 22/15 22/17
23/9
proceedings [3] 1/24 28/20
29/5
process [2] 14/5 16/15
produce [3] 6/20 21/20
22/6
produced [1] 1/25
producing [1] 16/18
proposal [1] 16/17
propose [1] 27/18
proposed [2] 12/14 16/1
proposition [1] 24/25
protect [1] 17/7
provide [5] 16/4 16/12
17/1 17/3 21/8
provided [2] 20/22 27/6
purpose [2] 13/24 15/4
purposes spoke
purposes [1] 14/18
pursue [1] 9/3
put [5] 9/13 10/7 15/21
19/25 27/19
putting [1] 11/20
question [11] 3/1 4/16 5/2
8/17 8/19 9/25 10/7 10/9
15/22 19/13 22/2
questions [1] 6/8
queue [1] 23/8
quickly [1] 26/1
quite [3] 5/16 14/13 23/7
quote [1] 13/25
raised [1] 7/3
raises [1] 23/22
RANDOLPH [1] 1/10
range [4] 15/24 16/4 16/19
16/25
rather [2] 6/25 25/8
RDM [1] 1/4
reaffirm [2] 12/2 12/6
really [3] 3/1 3/22 19/9
realtime [1] 1/24
reason [6] 3/4 8/20 9/2
9/15 9/21 13/9
reasonable [1] 25/18
reasons [1] 25/15
receipt [1] 20/15
received [1] 15/15
recent [5] 8/10 23/12 24/9
24/16 25/7
recollection [2] 13/8
23/18
record [16] 2/5 15/1 15/1
15/2 15/7 18/10 18/24
18/25 19/19 22/9 22/19
22/20 23/20 23/24 26/24
29/4
recorded [1] 1/24
records [74]
recover [3] 17/18 17/22
19/10
recovering [1] 16/16
referring [1] 11/14
refers [1] 9/8
refused [1] 28/9
regard [3] 7/20 13/25 25/1
regards [1] 5/24
reiterate [1] 20/17
relate [5] 7/21 13/25
14/10 16/20 25/1
related [1] 20/23
relating [2] 11/2 13/1
relationship [1] 5/10
relief [1] 6/15
rely [1] 25/7
remarkable [1] 19/9
remedy [2] 4/20 12/20
remind [1] 27/16
reminded [1] 12/5
removed [1] 8/18
Reporter [2] 1/20 1/21
represent [4] 10/2 19/13
22/13 22/23
representation [2] 5/23
seal [2] 17/9 22/7
search [8] 7/19 7/22 11/18
11/19 13/23 15/16 20/13
25/5
searched [1] 25/4
second [1] 9/13
Secretary [5] 4/19 12/4
14/2 14/2 17/13
SECURITY [19] 1/6 2/4 2/12
2/15 4/2 4/5 4/8 4/19 8/10
10/15 10/21 11/3 11/13
11/16 11/23 12/2 14/11
16/7 20/13
see [5] 2/20 5/17 9/24
10/13 14/5
seeking [1] 6/21
seems [1] 4/21
segregate [2] 15/10 16/23
segregation [1] 14/6
sense [3] 24/7 24/10 25/22
sent [3] 10/21 22/7 24/2
Separately [1] 11/16
serious [1] 12/21
server [3] 10/13 12/24
18/6
servers [4] 4/9 7/14 9/16
13/6
set [3] 24/20 25/18 26/7
several [1] 10/10
short [1] 6/25
shorthand [1] 1/24
shortly [2] 3/7 10/16
should [5] 5/21 8/2 18/12
19/17 26/17
shows [1] 8/25
similarly [1] 12/5
simple [4] 5/20 6/6 16/8
27/11
since [2] 9/14 10/16
sitting [1] 18/3
situation [3] 17/15 17/20
19/9
six [3] 8/14 9/4 9/7
slip [1] 13/8 [33]
some [12] 3/9 11/11 12/19
13/24 17/14 19/18 22/8
24/7 24/9 24/10 24/23 28/7
somebody [2] 18/23 23/19
somehow [1] 12/19
someone [1] 8/8
something [12] 14/17 16/7
16/8 21/7 21/23 22/13
22/18 22/18 22/20 24/10
25/1 25/16
sometime [1] 3/7
somewhere [1] 18/6
soon [2] 17/23 23/7
said [6] 6/4 6/18 7/24
sorry [4] 3/22 11/18 17/2
10/11 20/19 25/10
22/12
sake [1] 27/7
sort [14] 3/23 7/2 7/4
same [1] 6/14
8/18 12/16 12/20 15/3 15/4
saved [1] 16/9
18/19 23/2 23/10 23/18
say [7] 2/20 4/13 7/2 9/2
25/19 25/22
13/3 22/21 22/23
sought [1] 8/5
saying [3] 18/2 22/22
speak [3] 20/15 20/16
24/18
25/25
says [2] 10/12 22/20
speaking [2] 11/7 15/2
schedule [2] 23/9 27/8
speaks [2] 12/17 14/22
scheduled [1] 26/12
specific [2] 16/13 21/3
scope [1] 25/23
spoke [2] 7/4 13/9
22/8
representative [1] 8/9
represented [2] 3/15 18/11
request [29] 7/20 9/8 9/11
10/16 10/17 10/18 10/22
11/1 11/8 11/20 12/23
13/24 14/7 14/15 15/14
15/15 15/16 16/5 20/4
20/24 21/14 21/17 21/18
21/20 22/11 24/13 24/25
26/6 27/2
requested [1] 7/23
requesting [2] 12/19 15/22
requests [3] 25/2 26/24
27/11
require [2] 14/1 23/23
required [6] 14/20 14/21
16/12 16/14 19/4 19/15
requirement [1] 20/21
requires [1] 20/1
requiring [1] 6/19
reside [1] 12/23
residing [1] 9/16
resolution [1] 24/12
respect [17] 2/19 9/11
16/17 16/18 17/7 18/24
19/18 20/23 22/9 22/16
23/1 24/11 24/23 25/21
27/1 27/2 27/14
respects [1] 24/23
respond [1] 24/7
response [1] 13/23
responsibilities [1] 18/16
responsibility [3] 5/25
7/24 8/12
responsive [5] 11/8 11/20
18/10 20/3 20/14
results [1] 17/14
retrieval [1] 25/23
retrieve [7] 7/12 8/12
8/15 9/6 24/15 25/15 25/21
return [11] 4/22 5/12 5/16
8/2 11/19 14/9 20/14 21/21
23/14 28/5 28/9
return [1] 4/22
returned [5] 4/14 5/22 9/4
14/20 20/20
reveal [1] 21/3
review [2] 24/19 24/20
right [7] 9/17 13/13 13/15
15/8 23/4 24/4 25/11
rights [1] 17/6
Room [1] 1/22
RPR [3] 1/20 29/3 29/10
Rule [1] 17/10
run [1] 28/8
Staff weve
Staff [1] 11/18
stand [1] 24/24
standard [6] 6/15 6/24
10/7 12/12 12/12 12/13
standards [1] 14/16
start [1] 6/13
startling [1] 17/17
state [3] 4/12 16/14 17/13
STATES [2] 1/1 1/10
stating [1] 19/4
status [8] 1/9 10/19 23/9
23/10 25/19 26/7 26/9
26/20
statute [1] 14/19
statutes [1] 17/7
statutory [1] 15/3
stenographic [1] 1/24
stepping [1] 5/19
steps [1] 16/13
Street [1] 1/14
stunning [1] 12/20
subject [1] 7/17
submission [1] 26/23
submitted [2] 9/12 12/15
substantive [1] 14/23
such [4] 18/23 19/24 24/2
25/2
suggest [3] 16/2 16/11
16/23
suggested [1] 12/18
Suite [1] 1/14
summary [2] 7/18 13/22
supplemental [1] 19/22
sure [7] 2/20 3/2 5/16
14/13 15/24 17/25 25/12
suspect [1] 17/6 [1] 1/14
table [3] 2/7 2/13 8/9
take [3] 12/20 22/1 28/10
taken [4] 12/24 13/7 15/9
16/13
talk [1] 19/12
talked [1] 13/5
talking [2] 14/21 16/19
talks [1] 8/11
telephone [1] 10/11
tell [3] 10/5 20/1 22/3
terms [10] 3/17 7/4 10/7
11/7 14/20 14/23 15/3
15/16 19/3 19/25
than [3] 6/19 7/15 19/2
thank [11] 2/16 6/10 15/19
15/20 21/14 26/3 28/14
28/15 28/17 28/18 28/19
Thanks [1] 2/17
that [256]
thats [17] 3/20 3/22 4/21
4/22 5/2 5/8 6/16 6/24
11/6 13/13 16/6 17/15 19/5
21/6 25/3 27/22 28/6
their [21] 3/24 4/3 4/4
4/9 5/10 7/1 7/14 8/21
10/24 12/5 12/6 12/24
13/18 16/21 17/12 18/16
20/10 23/20 23/21 25/3
27/1
them [19] 3/9 3/10 3/10
5/12 5/13 5/16 6/2 6/3 8/2
16/23 17/7 18/3 19/10
19/20 20/7 21/10 21/13
24/19 28/5
themselves [1] 8/6
then [16] 4/11 6/5 6/8 7/6
10/18 10/21 11/15 13/22
16/24 16/25 19/7 23/1
25/22 26/7 27/20 28/13
there [25] 2/22 4/24 8/25
9/5 9/15 9/22 9/24 13/4
13/9 13/10 14/16 14/19
15/15 16/19 17/6 17/10
17/21 18/1 19/10 20/19
23/2 23/13 23/24 24/9
26/14
theres [13] 6/17 7/21 8/9
8/19 9/2 9/15 10/12 12/16
14/8 14/12 21/5 24/17 25/5
these [21] 3/4 3/7 3/20
4/2 4/14 5/12 5/21 6/1 7/7
7/25 10/11 11/12 13/5 13/6
16/16 17/11 17/15 17/19
17/20 18/21 25/16
they [37]
theyll [3] 4/11 4/14 9/4
theyre [21] 3/19 3/24
3/25 4/6 4/13 4/17 5/9
5/23 6/8 8/1 12/15 18/1
18/3 19/4 19/5 19/15 20/2
20/6 27/11 28/2 28/4
theyve [5] 3/15 6/9 12/8
18/15 19/19
thing [4] 9/18 13/3 16/6
17/17
things [7] 2/19 2/20 5/1
5/5 23/8 24/23 28/12
think [39]
Third [1] 1/14
this [32]
those [11] 4/8 7/19 7/22
8/16 9/6 10/23 13/16 13/21
22/9 23/15 25/5
though [3] 4/6 9/7 9/15
thought [2] 5/11 7/12
three [4] 5/24 11/15 19/19
20/9
time [15] 2/21 3/7 9/8
10/23 13/9 16/24 17/19
18/23 19/23 20/5 24/18
24/21 25/18 28/7 28/10
times [1] 19/8
timing [1] 3/18
today [7] 7/2 19/13 19/14
19/21 22/14 27/22 28/16
told [5] 7/6 19/15 20/6
20/18 26/14
Tom [1] 2/8
too [2] 16/23 23/17
tool [1] 4/21
tools [1] 4/24
total [1] 13/16
transcript [3] 1/9 1/25
29/4
transcription [1] 1/25
transition [1] 27/25
true [2] 15/14 25/3
try [3] 3/19 9/25 15/9
trying [1] 5/8
turn [1] 23/7
two [7] 3/6 14/17 16/5
16/19 18/25 27/25 28/13
U.S [5] 1/6 1/16 1/21 2/3
25/2
ultimate [1] 28/3
ultimately [1] 24/12
under [16] 5/25 6/14 7/5
8/21 8/22 9/9 12/12 14/12
14/17 14/21 16/14 17/9
17/10 19/5 22/6 23/22
underscores [1] 12/17
understand [8] 5/8 14/4
14/7 18/18 18/19 19/1
20/25 20/25
understanding [1] 15/8
understood [2] 22/4 27/15
undertake [1] 21/24
undertaken [1] 15/13
undertakings [1] 15/5
undue [1] 14/15
unduly [4] 6/23 14/6 14/14
14/17
unfortunately [1] 17/13
UNITED [2] 1/1 1/10
unlikely [1] 4/21
unquote [1] 13/25
until [3] 16/15 18/23 20/6 [3] 10/10 21/25 28/10
upon [1] 10/18 [1] 20/18
used [2] 3/18 4/22
valid [1] 9/11
variety [1] 4/24
various [1] 17/6
versus [3] 2/3 4/17 5/3
very [4] 10/16 11/9 15/17
25/25
views [1] 6/17
violate [1] 17/5
walk [2] 3/19 18/3
walking [2] 3/25 18/2
want [5] 11/4 18/25 21/2
23/17 24/18
warranted [1] 12/17
was [14] 2/22 2/23 4/12
7/3 7/9 10/21 11/15 11/18
11/24 12/2 13/9 17/11
20/13 24/5
Washington [4] 1/5 1/14
1/18 1/23
wasnt [2] 7/6 17/4
WATCH [15] 1/3 1/13 2/3
2/7 2/8 6/25 7/4 8/5 8/5
8/25 11/6 12/13 12/14
19/23 23/13
Watchs [4] 11/8 14/6
14/14 20/4
way [4] 2/25 7/21 10/2
21/18 [59]
wed [2] 15/17 28/9
well [3] 17/22 24/19
27/10
were [3] 4/13 9/19 17/19
weve [4] 7/2 10/14 11/5
24/24
wedding yourselves
wedding [1] 26/13
week [3] 27/21 27/24 27/24
weeks [2] 2/24 3/6
well [21] 3/12 4/24 5/4
6/7 8/3 10/9 12/11 12/22
12/25 13/7 15/2 16/22
16/24 17/13 17/24 18/7
19/3 21/2 22/15 24/18
25/11
were [6] 2/24 3/17 3/18
7/3 11/17 25/4
what [41]
whats [8] 3/3 3/6 3/13
3/19 8/14 18/24 18/25
19/20
whatever [1] 18/9
whatsoever [1] 5/23
when [12] 4/17 7/3 11/17
12/1 12/6 13/21 15/25 19/8
19/9 20/9 27/16 27/18
where [10] 4/12 4/13 7/11
7/16 7/16 14/21 17/20 23/2
24/5 27/11
wherever [1] 6/3
whether [13] 5/14 5/17
7/25 8/8 8/17 12/11 20/16
21/6 21/19 21/21 23/13
25/21 28/2
which [13] 7/8 9/8 10/21
10/23 11/9 12/3 14/22 15/5
22/9 23/4 27/18 27/19
27/23
While [1] 3/15
who [5] 2/23 7/13 11/16
20/9 21/19
whoever [1] 5/12
why [8] 2/18 4/16 14/13
14/14 15/21 22/5 26/7 26/8
will [15] 2/4 3/14 4/11
9/3 12/5 17/21 17/21 19/20
26/15 26/24 27/9 27/12
27/17 27/19 27/23
Wilson [1] 1/16
within [3] 16/5 16/19
17/12
witness [1] 6/20
wont [3] 3/5 22/1 22/2
word [1] 22/19
work [5] 11/12 21/24 26/9
26/16 26/17
worked [1] 20/9
worst [1] 26/13
worth [1] 25/16
would [35]
wouldnt [1] 7/12
wrote [1] 16/1
year [3] 7/15 16/5 16/19
years [1] 4/4
yes [5] 11/7 11/25 18/7
23/5 27/3
yesterday [1] 19/22
yet [2] 25/10 25/11
you [54]
youll [1] 27/23
yourselves [1] 2/5