JW v DOJ Strzok Page motion 00154
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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.