Skip to content

Get Judicial Watch Updates!

DONATE

Judicial Watch • JW v DOJ Strzok Page motion 00154

JW v DOJ Strzok Page motion 00154

JW v DOJ Strzok Page motion 00154

Page 1: JW v DOJ Strzok Page motion 00154

Category:

Number of Pages:4

Date Created:June 1, 2018

Date Uploaded to the Library:July 10, 2018

Tags:June 01, Strozk, preservation, 00154, official, accounts, requests, motion, order, defendant, filed, plaintiff, document, records, FBI, DOJ, department, FOIA, states, district, united


File Scanned for Malware

Donate now to keep these documents public!


See Generated Text   ∨

Autogenerated text from PDF

Case 1:18-cv-00154-RBW Document Filed 06/01/18 Page
UNITED STATES DISTRICT COURT
FOR THE DISTRICT COLUMBIA
JUDICIAL WATCH, INC.,
Plaintiff,
U.S. DEPARTMENT JUSTICE,
Defendant.
Case No. 18-00154 (RBW)
PLAINTIFF MOTION FOR PRESERVATION ORDER
Plaintiff Judicial Watch, Inc., counsel, respectfully submits this motion for order
requiring Defendant U.S. Department Justice preserve records issue this Freedom
Information Act case. Pursuant LCvR 7(f), Plaintiff requests hearing this motion.
Plaintiff also requests expedited consideration this motion because concerned records
responsive Plaintiff FOIA request will lost. grounds therefor, Plaintiff states
follows:
MEMORANDUM POINTS AND AUTHORITIES
This FOIA case seeks, part, emails and text messages between Peter Strozk,
senior Federal Bureau Investigation official, and Lisa Page, recently departed FBI lawyer.1
Although Defendant has not yet produced Plaintiff single text message
between Strozk and Page, Defendant has produced Congress official FBI text messages
between the two individuals. Several the text messages produced Congress reference workrelated communications between the two individuals taking place personal email accounts and
Case 1:18-cv-00154-RBW Document Filed 06/01/18 Page
iMessages. See, e.g., Exhibit pp. Imsg? Imsg good all day Just imsged Going start driving, but feel free imsg. text here. call. Sent something
your gmail, work-related. Can imsg something work-related? imsg
you Can msg work Check the email with the attachment just sent.
Gmail. You have your iPhone? What?!?! Imsg? January 25, 2018 letter Senator Charles Grassley, Charles Thorley, Acting
Assistant Director the FBI, wrote, FBI has not requested from Ms. Page Mr. Strzok any
information from their personal email accounts, nor has the FBI conducted searches non-FBIissued communications devices non-FBI email accounts associated with Mr. Strzok Ms.
Under the law, [a]n officer employee executive agency may not create send record using non-official electronic messaging account unless such officer
employee- (1) copies official electronic messaging account the officer employee the
original creation transmission the record; (2) forwards complete copy the record official electronic messaging account the officer employee not later than days after
the original creation transmission the record. U.S.C. 2911.
Defendant has informed Plaintiff that, May 21, 2018, Defendant sent letters
Strzok and Page asking them preserve agency records their personal accounts and personal
devices and requesting confirmation that they are doing so.
Plaintiff has asked for copies those letters and any responses has received
from Strzok and Page. Defendant refuses provide any evidence supporting this assertion.
Because Plaintiff does not know specifically what Defendant asked Strozk and
Case 1:18-cv-00154-RBW Document Filed 06/01/18 Page
concerned Defendant mere requests Strzok and Page are insufficient. Plaintiff therefore
concerned records responsive Plaintiff FOIA request will lost not otherwise searched.
Plaintiff request nothing out the ordinary. least three other judges
this Court have granted such requests the last months. See Preservation Order, Judicial
Watch, Inc. U.S. Department Homeland Security, Case No. 16-00967-RDM (D.D.C. Jan.
18, 2017); see also Minute Order, Judicial Watch, Inc. U.S. Department Justice, Case No.
17-cv-00029-EGS (D.D.C. Jan. 17, 2017); Memorandum Opinion and Order, Competitive
Enterprise Institute Office Science and Technology Policy, Case No. 14-00765-GK (D.D.C.
Dec. 12, 2016). particular, Judge Moss ordered individuals including two former government
officials copy any emails from the relevant time period any private email accounts that
might contain responsive materials onto portable thumb drives, kept the individuals
personal possessions.
10.
Plaintiff respectfully requests expedited consideration this motion.
11.
Defendant opposes this motion.
WHEREFORE, Plaintiff respectfully requests the Court order Defendant preserve all
records potentially responsive Plaintiff FOIA request located any non-official electronic
messaging accounts Strozk and Page.
Dated: June 2018
Respectfully submitted,
/s/ Michael Bekesha
Michael Bekesha
D.C. Bar No. 995749
JUDICIAL WATCH, INC.
425 Third Street SW, Suite 800
Washington, 20024
Phone: (202) 646-5172
Counsel for Plaintiff
Case 1:18-cv-00154-RBW Document 10-1 Filed 06/01/18 Page
UNITED STATES DISTRICT COURT
FOR THE DISTRICT COLUMBIA
JUDICIAL WATCH, INC.,
Plaintiff,
U.S. DEPARTMENT JUSTICE,
Defendant.
Case No. 18-00154 (RBW)
[Proposed] Order
Upon consideration Plaintiff Motion for Preservation Order and the entire record
herein, hereby ORDERED that:
Plaintiff Motion for Preservation Order GRANTED; and
Defendant shall preserve all records potentially responsive Plaintiff FOIA
request located any non-official electronic messaging accounts Strozk and ORDERED.
DATE:________________
_______________________________
The Hon. Reggie Walton, U.S.D.J.