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Judicial Watch • JW v DOJ Yates docs Oct 17 00832

JW v DOJ Yates docs Oct 17 00832

JW v DOJ Yates docs Oct 17 00832

Page 1: JW v DOJ Yates docs Oct 17 00832


Number of Pages:335

Date Created:December 5, 2017

Date Uploaded to the Library:December 05, 2017

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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
DOJ-2017-002048 (AG)
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
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.
Daniel Castellano
Senior Attorney
Yates, Sally (ODAG)
Monday, January 30, 2017 10:17
(b)(6) former Acting Attorney General Yates
personal email
FW: Immigration
-----Original Message----From: Delahanty, Thomas (USAME) []
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
United States Attorney
District Maine
Document ID: 0.7.10904.5012
Yates, Sally (ODAG)
Monday, January 30, 2017 10:17
(b)(6) former Acting Attorney General Yates
personal email
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
Yates, Sally (ODAG)
Monday, January 30, 2017 10:17
(b)(6) former Acting Attorney General Yates
personal email
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
Yates, Sally (ODAG)
Monday, January 30, 2017 8:58
(b)(6) former Acting Attorney General Yates
personal email
FW: Your Message the
-----Original Message----From: Rice, Emily (USANH) []
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.
Emily Gray Rice
Sent from iPhone
Document ID: 0.7.10904.5050
Yates, Sally (ODAG)
Monday, January 30, 2017 9:07
(b)(6) former Acting Attorney General Yates
personal email
FW: Message from the Acting Attorney General
From: McQuade, Barbara (USAMIE) []
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)
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
Horn, John (USAGAN) 
Friday, January 27, 2017 2:11
Yates, Sally (ODAG) (JMD); Schools, Scott (ODAG) (JMD)
Wilkinson, Monty (USAEO)
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
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
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
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
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
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.
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
McCord, Mary (NSD)
Monday, January 30, 2017 12:49
Yates, Sally (ODAG); Axelrod, Matthew (ODAG)
please call when available
Document ID: 0.7.10904.5166
Tomney, Brian (ODAG)
Friday, January 27, 2017 8:25
Yates, Sally (ODAG)
FW: Photos
P011817PS-0820.jpg; P011817PS-0821.jpg; P011817PS-0829.jpg; P011817PS-0836.jpg;
P011817PS-0840.jpg; P011817PS-0844.jpg; P011817PS-0846.jpg; P011817PS-0847.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
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
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
Document ID: 0.7.10904.5418
Yates, Sally (ODAG)
Monday, January 30, 2017 2:54
(b)(6) former Acting Attorney General Yates
personal email
Document ID: 0.7.10904.5157
Gamble, Nathaniel (ODAG)
Monday, January 30, 2017 7:00
Yates, Sally (ODAG)
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
Yates, Sally (ODAG)
Monday, January 30, 2017 9:00
(b)(6) former Acting Attorney General Yates
personal email
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
Yates, Sally (ODAG) 
Monday, January 30, 2017 11:08
(b)(6) former Acting Attorney General Yates
personal email
Document ID: 0.7.10904.5143
Gamble, Nathaniel (ODAG)
Tuesday, January 31, 2017 1:05
Brinkley, Winnie (ODAG); Yates, Sally (ODAG)
Calls: any legitimate calls come for former Yates, you can send them and will make sure she gets
Thanks advance,
Document ID: 0.7.10904.5044
Yates, Sally (ODAG)
Monday, January 30, 2017 10:16
(b)(6) former Acting Attorney General Yates
personal email
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!
---------- Forwarded message ---------From: President Rafael Rei (b) (6)
Date: Monday, January 30, 2017
Subject: best serve the nation and the world (b) (6) 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 Scholars Offic (b) (6) []
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.
Document ID: 0.7.10904.5020
Yates, Sally (ODAG)
Monday, January 30, 2017 10:16
(b)(6) former Acting Attorney General Yates
personal email
FW: Notice Removal
[Untitled].pdf; ATT00001.txt
-----Original Message----From: DeStefano, John EOP/WH
(b) (6)
Sent: Monday, January 30, 2017 9:05
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)
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)