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Judicial Watch • JW v State Benghazi related documents status report 00692

JW v State Benghazi related documents status report 00692

JW v State Benghazi related documents status report 00692

Page 1: JW v State Benghazi related documents status report 00692


Number of Pages:5

Date Created:September 7, 2016

Date Uploaded to the Library:September 07, 2016

Tags:duplicates, 00692, Footnote, paragraph, documents, responsive, September, Benghazi, Secretary, clinton, defendant, filed, plaintiff, request, document, FBI, records, department, FOIA

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Case 1:15-cv-00692-APM Document Filed 09/07/16 Page
Civil Action No. 15-cv-692 (APM)
Plaintiff Judicial Watch, Inc. Judicial Watch and Defendant United States Department State State submit this status report pursuant the Court order August 30, 2016.
that order, the Court ordered State report the number documents potentially responsive
Freedom Information Act FOIA Request found materials transferred from the Federal
Bureau Investigation FBI that are not duplicative documents already produced this
case. The Court further ordered the parties confer regarding production schedule and report
the outcome those discussions.
FOIA Request seeks [a]ny and all emails former Secretary State Hillary
Rodham Clinton concerning, regarding, relating the September 11, 2012 attack the U.S.
Consulate Benghazi, Libya. Complaint (ECF No. 1). date, State has produced
Plaintiff, via its FOIA web site and via email, total 343 documents responsive FOIA
Request with redactions appropriate. previous filings, State reported that the FBI sent letter State indicating that
the FBI would providing State certain information that may include its agency records.
Case 1:15-cv-00692-APM Document Filed 09/07/16 Page
State Mot. Vacate Briefing Schedule (ECF No. 33). State further reported that had,
the interest reducing the issues litigated, agreed conduct searches the information
being transferred from the FBI State for records responsive FOIA Request
notwithstanding that they were not State possession and control the time the FOIA request
was made. Id. State further reported that the FBI completed the transfer information
State August 2016. Def. Status Report (ECF No. 34). Finally, State reported that had
searched the material transferred from the FBI that was reasonably likely contain additional
responsive records using key word search terms and the date range specified the FOIA
request. Def. Status Report (ECF No. 35). status conference August 30, 2016, State reported that had reduced the
number potentially responsive documents that must reviewed approximately 30, but that had not yet determined how many those were duplicates near-duplicates records
contained the emails already provided former Secretary Clinton State December 2014.
State also had not yet determined how many those documents were responsive FOIA
State has determined that there one responsive record that not duplicate
the documents provided former Secretary Clinton, and two responsive records that are near
duplicates documents provided former Secretary Clinton.1 State has determined that the the term near duplicate, State means document that contains significant overlap with document provided former Secretary Clinton. For example, email chain that contains five messages near duplicate email
chain that contains four the five messages. The two near duplicate records identified here are duplicates
documents previously provided former Secretary Clinton but for top email each chain stating Pls print.
Judicial Watch objects the distinction near duplicate. Each the two records identified responsive
Plaintiff FOIA request and each separate and distinct record, containing information not previously produced.
Case 1:15-cv-00692-APM Document Filed 09/07/16 Page
remainder the potentially responsive documents are either non-responsive are duplicates
documents provided former Secretary Clinton Huma Abedin that were already searched
this case.2
Undersigned counsel for State informed undersigned counsel for Judicial Watch
this morning that, due uncertainty the technical steps required finalize the documents for
production, State could not commit the Court producing the three records until Thursday,
September 2016, but would produce them earlier could. the evening this filing,
after Judicial Watch objected the nondisclosure the remaining documents State considers
responsive but duplicates described Paragraph and Footnote below, State produced
Judicial Watch the non-exempt portions the three responsive records identified Paragraph connection with the responsive records identified State Paragraph and
Footnote below, which considers duplicates, Judicial Watch objects their nondisclosure
and believes the records should produced promptly they are not duplicates the
previously produced records. their face, these records contain information not previously
produced and State identified them responsive Plaintiff FOIA request. Under FOIA,
once the government concludes that particular record responsive disclosure request, the
sole basis which may withhold particular information within the record the information
falls within one the statutory exemptions from FOIA disclosure mandate. AILA
The parties not believe there any dispute about the term near duplicate for the Court resolve connection
with this filing given that State has produced the documents question.
The contents to, from, CC, date, subject, body text, and signature the emails contained the duplicates are
identical the contents the documents provided former Secretary Clinton. Some the duplicates provided the FBI are format that includes, the bottom the documents, printed internal technical metadata that was
not printed the documents the format which former Secretary Clinton provided documents the
Case 1:15-cv-00692-APM Document Filed 09/07/16 Page
Executive Office for Immigration Review, al. Case No. 15-5201 (D.C. Cir. July 29, 2016).
State does not allege withholding the information under any the permissible exemptions, must produce all remaining responsive records. Thus, Judicial Watch requests that State
produce all remaining responsive records with the included metadata within one week
Tuesday, September 13, 2016. Judicial Watch believes one week more than enough time
produce all remaining responsive records considering the small number records and the fact
that State, its own admissions herein, has already processed these records.
State believes that inclusion printouts internal technical metadata
information which was not created any person but rather may may not reflected
document depending the format which printed does not convert those duplicative
emails identified Paragraph and Footnote into records that are distinct from the copies
those emails provided former Secretary Clinton and Ms. Abedin. The parties dispute
regarding this issue best resolved summary judgment, not joint status report intended
set production schedule for records State has determined responsive FOIA Request
and non-duplicative records already searched this case. any event, Judicial Watch
assertion that these duplicates have already been processed and could produced one week
incorrect. minimum, the printed internal technical metadata would itself have
reviewed determine which, any, portions are exempt from disclosure under the FOIA.
Attached this filing copy the three documents State produced Judicial Watch today.
The type internal technical metadata issue here printed the bottom each document.
Case 1:15-cv-00692-APM Document Filed 09/07/16 Page
Date: September 2016
Respectfully submitted,
/s/ Ramona Cotca
425 Third Street
Suite 800
Washington, 20024
(202) 646-5172
Principal Deputy Assistant Attorney General
Counsel for Plaintiff
Deputy Branch Director
/s/ Robert Prince
ROBERT PRINCE (D.C. Bar No. 975545)
United States Department Justice
Civil Division, Federal Programs Branch Massachusetts Ave., N.W.
Washington, 20530
Tel: (202) 305-3654
Counsel for Defendant