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Judicial Watch • JW v DOJ HRC emails 02046 pg 18-21

JW v DOJ HRC emails 02046 pg 18-21

JW v DOJ HRC emails 02046 pg 18-21

Page 1: JW v DOJ HRC emails 02046 pg 18-21

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Number of Pages:4

Date Created:April 8, 2019

Date Uploaded to the Library:April 08, 2019

Tags:ClassNet, HRC emails 02046, 02046, HRC, Emails, Benghazi, State Department, DOJ, FOIA, CIA


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UNCLASSIFIED//fieHe-
OFFICF. THE INSPECTOR GENERAL THE INTELLIGENCE COMMUNITY
INSPECTIONS AND EVALUATIONS DIVISION
WASHINGTON, 20511
MEMORANDUM FOR THE RECORD June 2015
PROJECT:
(U) Special Inquiry 2015-001: Assistance State
Department Inspector General Review Use Personal
Communications Hardware and Software Five
Secretaries State and Their Immediate Staffs
INSPECTOR:
PURPOSE: f.,li:OUO) Document Potential Issues Identified
Preliminary Review the State Department FOIA
Process. per ODNI per ODNI
b7C per ODNI /FOUOJ The Office the Inspector General the Intelligence
Community (IC IG) assisting the State Department IGs office the above
referenced review; focused the handling potentially classified material during
the State Department Freedom Information Act (FOIA) review process.
conducting preliminary review the handling potentially classified material
during the State FOIA review process being used review the 33,000 emails
provided former Secret:aiy Clinton from her personal email seiver. Thus far,
have identified four areas that may require expedited attention State FOIA
officials, coordination with FOIA officials. Those areas are: /FOUO) Evaluation other agencies equities not optimal. State
Department currently relying retired senior Foreign Service Officers
review for other agencies equities FOIA cases. For example, review
the first set 296 emails received from former-Secret:aiy Clinton and
released the State Department FOIA website identified material that
should have been referred FOIA officials for review prior release.
Recommend State Department FOIA Office request staff support from FOIA offices assist the identification intelligence community
equities.
THIS DELIBERATIVE PROCESS DOCUMENT AND INTENDED SOLELY FOR OFFICIAL USE THE IG.
RECIPIENTS MAY NOT FURTHER DISSEMINATE WITHOUT THE EXPRESS PE.RMISSION PERSONNEL.
UNCLASSIFIED//~
HRC-391
UNCLASSIFIED//liOt10 /FOUO) Document Potential Issues Identified Preliminary Review the
State Department FOIA Process. /POUO) Storage and distribution FOIA material occurring
SECRET level network. State Department using SECRET level
network (ClassNet) store the 33,000 emails acquired from formerSecretary Clinton. State also using ClassNet distribute the FOIA
material for review both the intra-and-inter-agency. Material the
SECRET/ /NOFORN level was identified the first set 296 emails prior
their release. Recommend FOIA officers review the emails ensure
ClassNet use appropriate before transmitting the State Bureaus for
review. /FOUO) Applying appropriate FOIA exemptions protect classified
information. State Department FOIA personnel recommended five
(Classifle9 National Security Information) FOIA exemptions for proposed
redactions the first set 296 emails protect classified information.
According State FOIA personnel, during the State Department Legal
Offices review, four the exemptions were removed and changed FOIA exemptions (Privileged Communications). Recommend State
Department FOIA Office seek classification expertise from the
interagency act final arbiter there question regarding
potentially classified materials. FOUO) unclear the Department Justice reviewing the
emails before FOIA release. Former-Secretary Clintons emails are the
subject numerous FOIA requests and multiple FOIA lawsuits. may
prudent integrate the Department Justice into the FOIA process review ensure the redactions can withstand potential legal challenges. not
already being done, recommend the State Department FOIA Office
incorporate the Department Justice into the FOIA process ensure
the legal sufficiency review the FOIA exemptions and redactions.
THIS DELIBERATIVE PROCESS DOCUMENT AND INTENDED SOLELY FOR OFACIAL USE THE IG.
RECIPIENTS MAY NOT FURTHER DISSEMINATE WITHOUT THE EXPRESS PERMISSION PERSONNEL.
UNCLASSIFIED//!eBe
HRC-392
UNDER SECRETARY STATE
FOR MANAGEMENT
ALL IlilOH!!AFION rnNTAUra.C
BE3:EIN UNC:~..SSHIE!J
WASHINGTON
UNCLASSIFIED
l.-ll8-.20l6
JS7JS.!1194
JUN 2015
MEMORANDUM FOR THE INSPECTOR GENERAL
FROM: Patri~k Kennedy ~((_
SUBJECT:
Potential Issues Identified the Office the Inspector General the
Intelligence Community Concenling the Department States Process for the
Review Fonner Secretary Clintons Emails under the Freedom oflnformation
Act .(ESP-15-04) receipt the subject Memorandum (dated June 19, 2015) and its accompan}ing
Memorandum and Attachment from the Inspector General the Intelligence Community
(ICJG). Respomes the four recommendations are contained tbe attached.
The Department States FOIA processes are consistent with those other agencies.
States FOIA personnel anaJyze responsive records for disclosure pursuant the provisions
the FOIA and apply exemptions the documents appropriate. Department FOIA reviewers
are trained applying the exemptions, using guidance made available the Department
Justices Office oflnformation Policy. The reviewers consult with subject matter experts
Department components and with FOIA attorneys the Departments Office the Legal
Adviser, appropriate. tum, the Departments attorneys consult regularly with attorneys
DOrs Federal Programs Branch and attorneys U.S. Attorneys Offices legal .issues that
arise the context the .FOIA and FOIA litigation. Consistent with the long-standing practice third-agency review within the Executive branch and DOJ Policy Referrals, Consultatiens,
and Coordiuatiol the Department consults with other agencies with respect the review and
disclosure records that contain infom1ation that .is interest another agency.
Taking the above account, the Department finds the issues raised the ICIG are
either already addressed current processes are inconsistent with interagency practices.
Further, the recommendations provided the ICIG would add the FOIA review process
scheduJe and make more difficult meet the U.S. District Court order for rolling productions
without meaningfully enhancing the review process.
Attachment: stated.
UNCLASSJFJED
HRC-.393
SIC.G
Recommendation
The process utilized the State Department identify othe.r agency equities one with
parallels throughout the United States Government.
Prior 1D1dertaking the current effort, senior level meeting was :held with representatives number agencies (including the CIA and ODNI); the process utilized was outlined; and objection was entered.
The retired senior Foreign Service Officers are 1rtili7.ed because their years both FOIA
experience and substantive expertise the various regional and functional issues that are
reviewed. there are specific examples from the Benghazi 296 set that are concern, the
Department would welco.m further information.
Recommendation
The State Department Classified network authoriz.ed handle SECRET material,
including NOFORN, and thus ClassNet the appropriate system for the storage and distribution these FOIA materials.
Should the Department identify e-mail that potentially contains material that could
classified higher level, that material would pulled from 1he database and transmitted for
review via appropriate chaonel.
Recommendation
Final determinations ofclassification decisions are made senior personnel within the
Departments FOIA office, assisted subject matter experts relevant bureaus and the
Office the Legal Adviser, after referral other agency equities have been made the
appropriate agencies and their comments received. These individua1s have the experience and
expertise necessary carry out this responsibility correctly.
Recommendation
Emails with Department Justice equities (including those its component entities) are
forwarded the relevant DOJ entities for review. Legal sufficiency review the FOIA
exemptions and redactions are conducted attorneys from the Office the Legal Adviser; they
consult regularly with the Department Justices Federal .Programs Branch regarding FOIA
is.sues and litigation~ including litigation involving the former Secretarys emails. This type
process common throughout the interagency.
UNCLASSIFIED
HRC-394