JW v DOJ Yates docs Oct 17 00832
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U.S. Department Justice Office Information Policy Suite 11050 1425 New York Avenue, Washington, 20530-0001 Telephone: (202) 514-3642 October 24, 2017 Mr. Sean Dunagan Judicial Watch, Inc. 425 Third Street, Suite 800 Washington, 20024 sdunagan@judicialwatch.org Re: DOJ-2017-002048 (AG) No.1:17-cv-00832 DRC:JRS Dear Mr. Dunagan: This our second interim response your Freedom Information Act (FOIA) request and related lawsuit, seeking emails from former Acting Attorney General Sally Yates for the period January 21, 2017, through January 31, 2017. letter dated September 15, 2017, provided you with interim response and informed you that were continuing process records. this time, have completed processing additional 333 pages records responsive your request and are continuing process additional 110 pages responsive records. have determined that 251 pages are appropriate for release without excision. have also determined that eighty-two pages are appropriate for release with certain excisions made pursuant Exemptions and the FOIA, U.S.C. 552(b)(5) and (b)(6), and copies are enclosed. Exemption pertains certain inter- and intra-agency communications protected the deliberative process privilege and attorney work-product privilege. Exemption pertains information the release which would constitute clearly unwarranted invasion the personal privacy third parties. Information has also been withheld behalf the Federal Bureau Investigation pursuant FOIA Exemption 7(C) and 7(E), U.S.C. 552(b)(7)(C) and (b)(7)(E), which involves records information compiled for law enforcement purposes, the release which could reasonably expected constitute unwarranted invasion the personal privacy third parties. For your information, Congress excluded three discrete categories law enforcement and national security records from the requirements the FOIA. See U.S.C. 552(c) (2015) (amended 2016). This response limited those records that are subject the requirements the FOIA. This standard notification that given all our requesters and should not taken indication that excluded records do, not, exist. -2- you have any questions regarding this response, please contact James Bickford the Department Civil Division, Federal Programs Branch, (202) 305-7632. Sincerely, Daniel Castellano Senior Attorney From: Yates, Sally (ODAG) Sent: Monday, January 30, 2017 10:17 To: (b)(6) former Acting Attorney General Yates personal email Subject: FW: Immigration -----Original Message----From: Delahanty, Thomas (USAME) [mailto:Thomas.Delahanty@usdoj.gov] Sent: Monday, January 30, 2017 9:58 To: Yates, Sally (ODAG) (JMD) Subject: Immigration You are new hero. Being native Mainer, your stand principle reminds Sen. Margaret Chase Smith her Declaration Conscience when she called out Sen. Joe McCarthy for his witch hunt Communism. Thank you..... Tom Delahanty THOMAS DELAHANTY United States Attorney District Maine Document ID: 0.7.10904.5012 Yates, Sally (ODAG) From: Sent: Monday, January 30, 2017 10:17 To: (b)(6) former Acting Attorney General Yates personal email Subject: FW: proud -----Original Message----From: Weissmann, Andrew (CRM) Sent: Monday, January 30, 2017 9:50 To: Yates, Sally (ODAG) Subject: proud And awe. Thank you much. All deepest respects, Andrew Weissmann Sent from iPhone Document ID: 0.7.10904.5011 From: Yates, Sally (ODAG) Sent: Monday, January 30, 2017 10:17 To: (b)(6) former Acting Attorney General Yates personal email Subject: FW: Thank you -----Original Message----From: Aloi, Elizabeth Sent: Monday, January 30, 2017 10:11 To: Yates, Sally (ODAG) Subject: Thank you Thank you for your service. Inspirational and heroic. Liz Aloi Sent from iPhone Document ID: 0.7.10904.5014 From: Yates, Sally (ODAG) Sent: Monday, January 30, 2017 8:58 To: (b)(6) former Acting Attorney General Yates personal email Subject: FW: Your Message the -----Original Message----From: Rice, Emily (USANH) [mailto:Emily.Rice@usdoj.gov] Sent: Monday, January 30, 2017 7:16 To: Yates, Sally (ODAG) (JMD) Subject: Your Message the AAG Yates, thank you, always, for making proud. truly honor work for you. Gratefully, Emily Gray Rice Sent from iPhone Document ID: 0.7.10904.5050 Yates, Sally (ODAG) From: Sent: Monday, January 30, 2017 9:07 To: (b)(6) former Acting Attorney General Yates personal email Subject: FW: Message from the Acting Attorney General From: McQuade, Barbara (USAMIE) [mailto:Barbara.McQuade@usdoj.gov] Sent: Monday, January 30, 2017 6:30 To: Yates, Sally (ODAG) (JMD) Subject: Fwd: Message from the Acting Attorney General Thank you for your courage and leadership. This wonderful news. Barbara McQuade United States Attorney Eastern District Michigan 211 West Fort Street, Suite 2001 Detroit, Michigan 48226 Offic (b) (6) Mobil (b) (6) barbara.mcquade@usdoj.gov Begin forwarded message: Document ID: 0.7.10904.5046 January 27, 2017, the President signed Executive Order regarding immigrants and refugees from certain Muslim-majority countries. The order has now been challenged number jurisdictions. the Acting Attorney General, ultimate responsibility determine the position the Department Justice these actions. role different from that the Office Legal Counsel (OLC), which, through administrations both parties, has reviewed Executive Orders for form and legality before they are issued. OLC review limited the narrow question whether, OLC view, proposed Executive Order lawful its face and properly drafted. Its review does not take account statements made administration surrogates close time the issuance Executive Order that may bear the order purpose. And importantly, does not address whether any policy choice embodied Executive Order wise just. Similarly, litigation, DOJ Civil Division lawyers are charged with advancing reasonable legal arguments that can made supporting Executive Order. But role leader this institution different and broader. responsibility ensure that the position the Department Justice not only legally defensible, but informed our best view what the law after consideration all the facts. addition, responsible for ensuring that the positions take court remain consistent with this institution solemn obligation always seek justice and stand for what right. present, not convinced that the defense the Executive Order consistent with these responsibilities nor convinced that the Executive Order lawful. Consequently, for long the Acting Attorney General, the Department Justice will not present arguments defense the Executive Order, unless and until become convinced that appropriate so. Document ID: 0.7.10904.5116-000001 From: Horn, John (USAGAN) Sent: Friday, January 27, 2017 2:11 To: Yates, Sally (ODAG) (JMD); Schools, Scott (ODAG) (JMD) Cc: Wilkinson, Monty (USAEO) Subject: LaGrange Every now and again, being Attorney allows participate things that change life. Yesterday was one those events. you needing lift your day, this it. Nearly Decades Later, Apology for Lynching Georgia ALAN BLINDER and RICHARD FAUSSETJAN. 26, 2017 Photo Ernest Ward, right, the N.A.A.C.P. president Troup County, Ga., said had newfound respect for Louis Dekmar, the police chief LaGrange. Credit Dustin Chambers for The New York Times LaGRANGE, Ga. Some people here had never heard about the lynching Austin Callaway about how, almost years ago, was dragged out jail cell band masked white men, then shot and left for dead. Some people never forgot. But Thursday evening, the fatal cruelties inflicted upon Mr. Callaway long obscured time, fear, professional malfeasance and reluctance investigate the sins the past were acknowledged this city 31,000 people when LaGrange police chief, Louis Dekmar, who white, issued rare apology for Southern lynching. sincerely regret and denounce the role our Police Department played Austin lynching, both through our action and our inaction, Chief Dekmar told crowd traditionally African-American church. And for that, profoundly sorry. should never have happened. also said that all citizens had the right expect that their police department honest, decent, unbiased and ethical. The apology for the Sept. 1940, killing part renewed push across the American South acknowledge the brutal mob violence that was used enforce the system racial segregation after Reconstruction: 2015 study, the Equal Justice Initiative, nonprofit based Montgomery, Ala., documented 4,075 what called the racial terror lynchings blacks white mobs Southern states from 1877 1950. Document ID: 0.7.10904.5305 The group has begun construction memorial lynching victims Montgomery, which could open March 2018. Chief Dekmar, however, the apology the town has called home since 1995 about more than righting history wrongs. also effort, the age the Black Lives Matter movement, address some the deepest roots minority mistrust the police, and create better working relationship between officers and the community. became clear that something needed done recognize that some things did the past are burden still carried officers today, Chief Dekmar said recent phone interview. Institutions are made people, and relationships like this: Before you trust somebody, you need know that they know that they did you wrong, and that you stepping and apologizing for it. Photo Sept. 1940, article The New York Times about the lynching Austin Callaway. The fatal cruelties inflicted upon him are acknowledged Thursday evening. Credit The New York Times Chief Dekmar, 61, New Jersey native raised Oregon, embraces view law enforcement that extends beyond the narrow goals protecting the good and locking the bad. tends speak about his department one organ broader social body, though one that perhaps more exposed than others its ills. leads regular meetings community outreach committee which shares with other civic leaders what his officers see the streets homelessness, juvenile delinquency, children with learning and literacy issues and looks for ways that various small-town entities might work together solve them. has also sought address trust issues: The department, said, has mandated the use body cameras officers for the last five years. The chief became familiar with the lynching Mr. Callaway only about two three years ago, when one his officers overheard two older African-American women who were looking old photos the LaGrange police display the headquarters building. One woman said the other, They killed our people. Chief Dekmar began researching the episode but found, said, only sketchy reports investigation could find, arrest, follow-up the media. there was Indeed, the details the crime appear have been deliberately obscured for the 1940-era residents LaGrange. Then, 2014, Jason McGraw, student the Northeastern University School Law Boston, wrote research paper about the lynching. noted that while newspapers around the country had reported that band masked whites had abducted Mr. Callaway, the local paper, The LaGrange Daily News, wrote only that Mr. Callaway had died result bullets fired unknown person group individuals. The paper headline the Sept. 1940, article declared, Negro Succumbs Shot Wounds. Document ID: 0.7.10904.5305 Mr. Callaway generally believed have been years old Sept. the day was arrested and charged with trying assault white woman. According Mr. McGraw research, six white men arrived the jail that night with least one gun, forced the jailer open the cell and forced Mr. Callaway into car. was driven spot eight miles away and shot the head and arms. was later found roadside and taken hospital, where died. Mr. McGraw noted that the investigation Mr. Callaway death fell the town police chief, Matthews, and the Troup County sheriff, Hillyer, but that investigative report was never made public. Chief Dekmar has learned that generations African-Americans were well aware what happened. There are relatives here and people who still remember, said. Even those people are not still alive, down through the generations, that memory still alive. That burden that officers carry. Chief Dekmar learned more about the case, decided that something must done acknowledge it. The city has sworn protect less than miles southwest Atlanta. Before the Civil War, LaGrange was wealthy hub Georgia cotton kingdom: Troup County, which LaGrange the seat, had the state fifth-largest number slaves. Today, according recent census figures, the city about percent black and percent white. Kia plant nearby West Point, Ga., suggests economic future for the area beyond the textile industry that once sustained it. But nearly one three LaGrange residents live poverty. Photo The audience LaGrange College Thursday for speech Representative John Lewis, Democrat Georgia. Credit Dustin Chambers for The New York Times Residents say race relations here, many multicultural American communities, run the gamut from friendly frayed, depending the day and the issue. When LaGrange College, private liberal arts school town, announced that had invited Representative John Lewis, the Georgia Democrat, speak Martin Luther King Jr. event scheduled for Thursday, protests poured in, part because Mr. Lewis had questioned the legitimacy President Donald Trump. Thursday, some businesses around town bore signs promoting Mr. Lewis appearance, while some homes featured pro-police signs declaring Back the Blue. For the last two years so, city and county residents, including Chief Dekmar, have been engaged program racial reconciliation and racial trust-building. monthly meeting this summer, Chief Dekmar approached the president the county N.A.A.C.P. chapter, Ernest Ward, and asked would help set public apology for the lynching. Mr. Ward served the police force for nearly two decades starting the mid-1980s. acknowledged that some his fellow black residents harbored us-versus-them attitude toward the police. lost many friends when became police officer, said, because they felt that sold out. Document ID: 0.7.10904.5305 was asked how much the apology would help with day-to-day police work. believe start, said. And helped have newfound respect for Chief Dekmar. Historically certain people the white race don like bring the past when may not show good light their ancestors, Mr. Ward said. And they would prefer keep things hidden. Chief Dekmar issued his apology relatives Mr. Callaway Thursday night Warren Temple United Methodist Church here. The month after the shooting, Mr. McGraw noted, church minister named Strickland wrote Thurgood Marshall, the future Supreme Court justice who was then lawyer for the N.A.A.C.P., telling him that the local branch the rights group had asked the authorities look into the case, but that nothing being done not even acknowledgment our requests. Some white LaGrange residents said Thursday that they were deeply skeptical about whether the apology would have any practical effect. They noted that the crime took place before most people here were even born. don care they apologize don said Jessie East, 74, who works furniture and appliance shop. not going change thing that happened years ago. But others, including one Mr. Callaway relatives, the apology was step toward healing. speak your name, Austin Callaway, and ask God for forgiveness for the people that did this inhumane thing you, Deborah Tatum, descendant Mr. Callaway, told the congregation. Some might say forgiveness And say you that believe God when tells that there power and freedom forgiveness. Alan Blinder reported from LaGrange, and Richard Fausset from Atlanta. Document ID: 0.7.10904.5305 From: McCord, Mary (NSD) Sent: Monday, January 30, 2017 12:49 To: Yates, Sally (ODAG); Axelrod, Matthew (ODAG) Subject: please call when available Document ID: 0.7.10904.5166 From: Tomney, Brian (ODAG) Sent: Friday, January 27, 2017 8:25 To: Yates, Sally (ODAG) Subject: FW: Photos Attachments: P011817PS-0820.jpg; P011817PS-0821.jpg; P011817PS-0829.jpg; P011817PS-0836.jpg; P011817PS-0840.jpg; P011817PS-0844.jpg; P011817PS-0846.jpg; P011817PS-0847.jpg; P011817PS-0850.jpg Good morning, won send you all the photos, but thought you might like few this set. Thank you for everything! Brian From: Claire McComb (b) (6) Sent: Thursday, January 26, 2017 8:51 To: Robert.A.Zauzmer@usdoj.gov; Brian.Tomney2@usdoj.gov Subject: Photos Please note that these photos are being sent you for personal use only. you share them with friends family, make sure include the disclaimer below. Thank you. President Barack Obama greets clemency staff including representatives from the Pardon Attorneys Office, the Deputy Attorney Generals Office and the White House Counsels Office, and joins them for group photo the Rose Garden Colonnade steps the White House, Jan. 18, 2017. (Official White House Photo Pete Souza) This photograph provided THE WHITE HOUSE courtesy and may printed the subject(s) the photograph for personal use only. The photograph may not manipulated any way and may not otherwise reproduced, disseminated broadcast, without the written permission the White House Photo Office. This photograph may not used any commercial political materials, advertisements, emails, products, promotions that any way suggests approval endorsement the President, the First Family, the White House. Document ID: 0.7.10904.5418 From: Yates, Sally (ODAG) Sent: Monday, January 30, 2017 2:54 To: (b)(6) former Acting Attorney General Yates personal email Subject: letter Attachments: letter.docx Document ID: 0.7.10904.5157 From: Gamble, Nathaniel (ODAG) Sent: Monday, January 30, 2017 7:00 To: Yates, Sally (ODAG) Subject: Before you leave for the day you want say hello, Josh here cleaning out some his files. But knows you are busy/on the phone and can see you another time. Document ID: 0.7.10904.5097 From: Yates, Sally (ODAG) Sent: Monday, January 30, 2017 9:00 To: (b)(6) former Acting Attorney General Yates personal email Subject: FW: Channing Phillips (b) (6) From: Gamble, Nathaniel (ODAG) Sent: Monday, January 30, 2017 6:31 To: Yates, Sally (ODAG) Subject: Channing Phillips (b) (6) Document ID: 0.7.10904.5038 (cell) (cell) From: Yates, Sally (ODAG) Sent: Monday, January 30, 2017 11:08 To: (b)(6) former Acting Attorney General Yates personal email Subject: Test Document ID: 0.7.10904.5143 From: Gamble, Nathaniel (ODAG) Sent: Tuesday, January 31, 2017 1:05 To: Brinkley, Winnie (ODAG); Yates, Sally (ODAG) Subject: Calls: any legitimate calls come for former Yates, you can send them and will make sure she gets them. Thanks advance, Document ID: 0.7.10904.5044 From: Yates, Sally (ODAG) Sent: Monday, January 30, 2017 10:16 To: (b)(6) former Acting Attorney General Yates personal email Subject: FW: best serve the nation and the world Behalf Sommerfeld From (b) (6) Sent: Monday, January 30, 2017 9:10 To: Yates, Sally (ODAG) Subject: Fwd: best serve the nation and the world Sally, Some night. received the following and thought you might interested, you find time and have the inclination read it. well! Larry ---------- Forwarded message ---------From: President Rafael Rei (b) (6) Date: Monday, January 30, 2017 Subject: best serve the nation and the world (b) (6) http://mit.imodules.com/s/1314/images/gid13/editor/institute president/10-072015 emailheader reif.jpg the members the MIT community, Document ID: 0.7.10904.5020 For those you who have been following the developments MIT since Friday, was hoping write you today with some uplifting news. Yet, write, continue push hard bring back MIT those members our community, including two undergraduates, who were barred from the because the January Executive Order immigration. are working personally with all the affected individuals are aware of. you know other students, faculty staff who are directly affected, please inform immediately can try help: International Students Office (b) (6) [international-students@mit.edu] International Scholars Offic (b) (6) [international-scholars@mit.edu] Over and over since the order was issued, have been moved the outpouring support from hundreds across our community. could not more proud, and certain that you join thanking everyone inside and outside MIT whose extraordinary efforts have helped address this difficult situation. hope can welcome everyone back MIT very soon. MIT, the nation and the world found the events the past few days deeply disturbing. The difficulty have encountered seeking help the individuals from our community heightens our overall sense concern. would like reflect the situation find ourselves in, institution and country. MIT profoundly American. The Institute was founded deliberately accelerate the nation industrial revolution. With classic American ingenuity and drive, our graduates have invented fundamental technologies, launched new industries and created millions American jobs. Our history national service stretches back World War especially through the work Lincoln Lab, are engaged every day keeping America safe. embody the American passion for boldness, big ideas, hard work and hands-on problem-solving. Our students come from every faith, culture and background and from all fifty states. And, like other institutions rooted science and engineering, are proud that, for many our students, MIT supplies their ladder the middle class, and sometimes beyond. are American the flag the Moon. the same time, and without the slightest sense contradiction, MIT profoundly global. Like the United States, and thanks the United States, MIT gains tremendous strength being magnet for talent from around the world. More than 40% our faculty, 40% our graduate students and 10% our undergraduates are international. Faculty, students, post-docs and staff from 134 other nations join here because they love our mission, our values and our community. And have great many stay this country for life, repaying the American promise freedom with their energy and their ideas. Together, through teaching, research, and innovation, MIT magnificently global, absolutely American community pursues its mission service the nation and the world. Document ID: 0.7.10904.5020 What the moment demands The Executive Order Friday appeared stunning violation our deepest American values, the values nation immigrants: fairness, equality, openness, generosity, courage. The Statue Liberty the Mother Exiles how can slam the door desperate refugees? Religious liberty founding American value; how can our government discriminate against people any religion? nation made rich immigrants, why would signal the world that longer welcome new talent? nation laws, how can reject students and others who have established legal rights here? And accept this injustice, where will end? Which group will singled out for suspicion tomorrow? Sunday, many members our campus community joined protest Boston make plain their rejection these policies and their support for our Muslim friends and colleagues. immigrant and the child refugees, join them, with deep feeling, believing that the policies announced Friday tear the very fabric our society. encourage anyone who shares that view work constructively improve the situation. Institutionally, though may not vocal every instance, you can confident are paying attention; strive protect our community, sustain our mission and advance our shared values, will speak and act when and where judge can most effective. Yet would like think seriously about the fact that both within the MIT community and the nation large, there are people goodwill who see the measures the Executive Order reasonable path make the country safer. would all like our nation safe. convinced that the Executive Order will make less safe. Yet all us, across the spectrum opinion, are Americans. this heated moment, urge every one avoid with all our might the forces that are driving America into two camps. love America, and believe America, cannot allow those divisions grow worse. need imagine shared future together, hope have one. certain our community can help work this great problem, too, starting right here home. Sincerely, Rafael Reif Document ID: 0.7.10904.5020 MASSACHUSETTS INSTITUTE TECHNOLOGY MASSACHUSETTS AVE, W98-300 CAMBRIDGE, 02139 you wish removed from this mailing list, click here. http://emclick.imodules.com/wf/open?upn=YRsKMklngQfYgNhgARByUJGyVWV2BVvgbiytF8fV82AWsNlpJcNJ7MpQIc0Eo8zENkVsfrZ79ALkJsx8XUuXcQZVhaebMIhmN4q2EOl5Jj DGsX4t26XpzQkVQwQC2kxk-2BVWN6pfgCXDrgZT9JNIZ9zlr2FuXVgvXKu9LiMAw1rZSq62sxpJmFN8jugftJveSFCDvhbRYCrmVIpm3GBLr2wGG2lrGHJvbnFaoX YLBbnxuTEWh0r52XDbMdoRL8qRSI2BinOjC4BMG2VI3oKxXqTqxYCJnPdJfzIZ5TakmKsurgFJqagq0YJCgBu9XnTRqAurph3MveffoPW4 N5TUsEviGOEoTiaNrH6A2m-2F66ja581gX-2BVYz-2BzvaCnhl3f1r7B4j-2FE2BbWpVt1jISjdJCXurcd5Ku9-2B8CQkryia6H4SLXNwjp1L-2BU8yGmF9LExsopP0sg8ZPI4C31Qz2FmEh2OKvOVklApvHvXUa93oFjg6ZEwC9E-3D Document ID: 0.7.10904.5020 Yates, Sally (ODAG) From: Sent: Monday, January 30, 2017 10:16 To: (b)(6) former Acting Attorney General Yates personal email Subject: FW: Notice Removal Attachments: [Untitled].pdf; ATT00001.txt -----Original Message----From: DeStefano, John EOP/WH (b) (6) Sent: Monday, January 30, 2017 9:05 To: sally.yates2@usdoj.gov Subject: Notice Removal Please see attached. John DeStefano Assistant the President Director, Presidential Personnel Document ID: 0.7.10904.5032 Document ID: 0.7.10904.5032-000001 Document ID: 0.7.10904.5562-000005 Document ID: 0.7.10904.5177-000001 Document ID: 0.7.10904.5177-000001 Document ID: 0.7.10904.5433-000001 Document ID: 0.7.10904.5433-000001 Document ID: 0.7.10904.5158-000001 Document ID: 0.7.10904.5158-000001 Document ID: 0.7.10904.5158-000001 Issues with download this section duplicate above below the message that follows Jan 28, 2017, 4:18 PM, Carr, Peter (OPA) wrote: (b) (5) Jan 28, 2017, 3:52 PM, Axelrod, Matthew (ODAG) wrote: Peter, what kind incoming are getting? (b) (5) Thanks, Matt Jan 28, 2017, 2:42 PM, Gannon, Curtis (OLC) (b) (6) wrote: (b) (5) (b) (6) -----Original Message----From: Gannon, Curtis (OLC) [mailto:(b) (6) Sent: Saturday, January 28, 2017 1:57 To: Axelrod, Matthew (ODAG) ; Carr, Peter (OPA) Cc: Hart, Rosemary (OLC)