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JW v State DOJ Discovery Plan 01242

JW v State DOJ Discovery Plan 01242

Page 1: JW v State DOJ Discovery Plan 01242


Number of Pages:46

Date Created:January 10, 2019

Date Uploaded to the Library:January 08, 2019

Tags:Plan, Smilansky, Discovery, 01242, Clintons, Susan Rice, Sullivan, Plaintiffs, Counsel, Benghazi, Secretary, Hillary Clinton, clinton, filed, plaintiff, State Department, request, document, FBI, DOJ, department, FOIA, states

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Case 1:14-cv-01242-RCL Document Filed 12/19/18 Page THE UNITED STATES DISTRICT COURT
Civil Action No. 14-cv-1242 (RCL)
Pursuant the Court December 2018 Order, Plaintiff previously proposed
discovery plans and the entire record herein, Plaintiff submits this proposed discovery plan:
The Court has ordered discovery into three distinct areas. Plaintiff has identified
the discovery intends take those issues. Although individuals may listed more than
once below, Plaintiff intends call each witness once and address all relevant issues that time.
Plaintiff intends conduct the below depositions within weeks the Court
order Plaintiff discovery plan.
Plaintiff anticipates will necessary depose former Secretary State
Hillary Clinton and her former Chief Staff Cheryl Mills the conclusion the proposed
weeks. Plaintiff will update the Court that time.
Plaintiff requests that the Court shorten the time period for Defendant respond Plaintiff interrogatories and document requests days ensure Plaintiff has all relevant
information prior conducting any depositions.
Plaintiff complying with the Court order and submitting this proposed
discovery plan. Plaintiff provided its initial draft Defendant December 12th but did not
Case 1:14-cv-01242-RCL Document Filed 12/19/18 Page
receive Defendant response until 9:30 December 17th. Although the parties attempted
reach agreement before the filing deadline, they could not so. Plaintiff therefore has not
had sufficient time respond Defendant legal arguments opposing some its proposed
discovery. the extent the Court needs additional information from Plaintiff, Plaintiff
promptly will provide such information the Court request. may appear the parties are agreement principle regarding Plaintiff
document requests seeking unredacted records that are set forth below. Defendant, however, has
informed Plaintiff that has not had the opportunity fully review the records and determine
whether privileges exist and whether they will assert them. Because Plaintiff seeks the records
unredacted form, agreement produce the records has been reached.
Plaintiff intends conduct the following discovery:
Whether Secretary Clinton use private email server was intended stymie FOIA.
Eric Boswell (Assistant Secretary for Diplomatic Security). March 2009,
Boswell wrote Information Memo Cheryl Mills that cannot stress too
strongly that any unclassified BlackBerry highly vulnerable any setting
remotely and covertly monitoring conversations, retrieving email, and exploiting
calendars. March 11, 2009 email states that, management meeting with
the assistant secretaries, Secretary Clinton approached Boswell and mentioned
that she had read the and that she got it.
Justin Cooper (Employee President Bill Clinton and the Clinton Foundation).
Cooper created and managed the server. His testimony
Congress also appears contradict portions the testimony provided Huma
Abedin the case before Judge Sullivan.
Clarence Finney (Deputy Director, Executive Secretariat Staff). During Secretary
Clinton tenure, Finney served principal advisor and records management
expert the Executive Secretary matters relating the overall management
and control all correspondence and records for Secretary Clinton and the
various Deputy Secretaries State and Under Secretaries State. Finney also
Case 1:14-cv-01242-RCL Document Filed 12/19/18 Page
among the State Department officials the emails discussing the processing
the CREW FOIA request and other requests concerning the former Secretary
email account.
Heather Samuelson (Senior Advisor White House Liaison during Secretary
Clinton tenure and assisted with the return the emails from the system). During Secretary Clinton tenure, Samuelson initially
worked assistant the State Department White House Liaison Office and
was later promoted serve the head that office. Until her tenure the State
Department ended March 2013, Samuelson was tasked with tracking the FOIA
request served CREW for records regarding Secretary Clinton email
accounts. Samuelson subsequently served one Secretary Clinton personal
attorneys and, 2014, reviewed Secretary Clinton email
account identify federal records. The records returned Secretary Clinton
December 2014 were records identified Samuelson.
Jacob Sullivan (Secretary Clinton senior advisor and Deputy Chief Staff
throughout her tenure).
The identities all individuals referenced the first paragraph page four
the FBI Notes from the December 22, 2015 Interview Bryan Pagliano. See
Exhibit The names are redacted the public version the notes.
Whether the State Department intent settle this case late 2014 and
early 2015 amounted bad faith.
Clarence Finney. See above.
John Hackett (Deputy Director, Office Information Programs and Services).
Gene Smilansky (Employee within the State Department Office the Legal
Advisor). this capacity, Smilansky was involved the processing FOIA
requests pertaining Secretary Clinton email from 2012 through 2014,
including the CREW FOIA request.
Heather Samuelson. See above.
Sheryl Walter (Director Office Information Programs and Services). this
capacity, Walter was involved the processing FOIA requests pertaining
Secretary Clinton email 2014, including the CREW FOIA request.
Case 1:14-cv-01242-RCL Document Filed 12/19/18 Page
Jonathon Wasser (Management Analyst, Executive Secretariat Staff). Wasser
worked for Mr. Finney and was the State Department employee who actually
conducted the searches for records response FOIA requests the Office
the Secretary.
The Office Information Program Services analyst who was assigned this case
once entered litigation.
The Office Information Program Services official who informed the FBI that
the State Department determined Secretary Clinton emails were not agency
records. See Exhibit
30(b)(6) deposition(s) Defendant concerning:
The processing the CREW FOIA request;
The processing the FOIA request issue this case;
The discovery the Clinton email issue Summer 2014 and response same; and
The November 12, 2014 letter and December 31, 2014 Joint Status Report which Defendant represented that produced the non-exempt,
responsive documents subject the FOIA and [t]he parties believe
might possible either settle this case narrow the issues which
must presented the Court for adjudication.
Document Requests:
Unredacted version August 2014 email exchange between Clarence Finney,
Jonathon Wasser, James Bair, Andrew Keller, and Gene Smilansky.
Unredacted version May 2013 email exchange between Gene Smilansky,
Brett Gittleson, Sheryl Walters, and others.
All records that concern relate the State Department discovery, prior
February 2015, that additional searches for records responsive FOIA Request
No. F-2014-08848 were [sic] necessary. this regard, the State Department
represented February 2015 status report filed litigation regarding FOIA
Request No. F-2014-08848 that: the course preparing additional information provide Plaintiff for purposes settlement discussions, Defendant has
discovered that additional searches for documents potentially responsive the
FOIA [request] must conducted.
Any records, including communications, regarding this discovery referenced
Case 1:14-cv-01242-RCL Document Filed 12/19/18 Page
the February 2015 status report should considered responsive.
All records that concern, relate to, identify the location(s) source(s)
potentially responsive records that necessitated the additional searches
referenced the February 2015 status report.
Copies the attached records with the Exemption redactions removed, attached
hereto Exhibit The attached records were obtained Plaintiff
unrelated FOIA lawsuit against the State Department for records concerning the
processing FOIA request submitted CREW (Citizens for Responsibility
and Ethics Washington) December 2012 seeking records concerning
Secretary Clinton email account. Judicial Watch, Inc. U.S. Dep State
(RDM) (D.D.C.) (Case No. 16-574).
Identify name the Management Analyst who performed the initial search
Office the Secretary records September 23, 2014. See Hackett Declaration 14-16.
Identify the date which the subset HRC returned email were searched
and the identity the person who performed the search. See Hackett Declaration 17.
Whether the State Department has adequately searched for records
responsive Judicial Watch request.
Justin Cooper. the creator and manager the server,
Cooper would know what emails still exist and where they would located.
Clarence Finney. See above.
Monica Hanley. Monica Hanley (Staff member the Office the Secretary
during Secretary Clinton tenure). key assistant Secretary Clinton,
Hanley likely possess information about the identities individuals with
whom Secretary Clinton communicated email.
Lauren Jiloty. (Secretary Clinton Special Assistant during her tenure). her
capacity Special Assistant, Jiloty entered Secretary Clinton contacts into the
secretary Blackberries, and accordingly, very likely possess information
about the identities individuals with whom Secretary Clinton communicated
Case 1:14-cv-01242-RCL Document Filed 12/19/18 Page
E.W. Priestap (FBI Assistant Director Counterintelligence Division). Priestap
supervised Clinton email investigation. this capacity, would have firsthand
knowledge where the FBI sought recover Secretary Clinton emails, where
they were recovered, and where recovery was not obtained.
Susan Rice (former U.S. Ambassador the United Nations during Secretary
Clinton tenure). the official who appeared the media and presented the
talking points, Rice would know with whom the Office the Secretary she
communicated and where potentially responsive records may located.
Ben Rhodes (former Deputy National Security Advisor). the author the
talking points, Rhodes would know with whom the Office the Secretary
communicated and where potentially responsive records may located.
Heather Samuelson. See above.
Jacob Sullivan.
Jonathon Wasser. See above.
30(b)(6) deposition(s) Defendant concerning the processing the FOIA
request issue this case.
30(b)(6) deposition(s) regarding:
The preparation the talking points for Susan Rice appearances
Sunday morning shows (9/16/12);
The dissemination/discussion about talking points advance Rice
The follow-up/wrap Rice appearances; and
What the State Department knew about the attack and when knew it.
Document Requests:
All records that concern relate the State Department policies, practices,
procedures and/or actions (or lack thereof) secure, inventory, and/or account
for all records, including emails Secretary Clinton, Cheryl Mills, Huma
Abedin, Jacob Sullivan and staff within the Office the Secretary prior their
termination employment with the State Department and afterwards
All records that concern relate the processing FOIA Request No. F-201408848, served the State Department Judicial Watch, Inc. May 13, 2014.
Case 1:14-cv-01242-RCL Document Filed 12/19/18 Page
Any and all tasking, tracking, and reporting records for searches conducted
response the request should considered responsive. Forms DS-1748 and any
search slips, search tasker, and search details, also should considered
All internal State Department communications that concern relate the
processing search for records responsive FOIA Request No. F-201408848, including any directions guidance about how and where conduct the
searches, whether and how search the emails U.S. Secretary State Hillary
Rodham Clinton, and any issues, problems, questions regarding the searches
and/or search results.
Identify the number emails contained within State Department systems
records that were sent from cc-ed bcc-ed the
domain name for the time period from January 20, 2009 February 2013 for
the following individuals:
Alice Wells;
Andrew Shapiro;
Anne-Marie Slaughter;
Caroline Adler;
Cheryl Mills;
Claire Coleman;
Dan Schwerin;
Huma Abedin;
Jacob Sullivan;
Joseph MacManus;
Judith McHale;
Lauren Jiloty;
Lona Valmoro;
Maria Sand;
Melanne Verveer;
Monica Hanley;
Patrick Kennedy;
Philippe Reines;
Richard Verma;
Robert Russo;
Susan Rice;
Victoria Nuland;
Wendy Sherman; and
William Burns.
Case 1:14-cv-01242-RCL Document Filed 12/19/18 Page
Dated: December 19, 2018
Respectfully submitted,
/s/ James Peterson
James Peterson (D.C. Bar 450171)
Ramona Cotca (D.C. Bar No. 501159)
425 Third Street, S.W., Suite 800
Washington, 20024
Tel. (202) 646-5172
Attorneys for Plaintiff
Case 1:14-cv-01242-RCL Document 62-1 Filed 12/19/18 Page
Case 1:14-cv-01242-RCL Document 62-1 Filed 12/19/18 Page
FD-302a (RC 1()-(,.95)
IJA1 08-19-2016 J37J85T
Dmc transcription
(U/IFOUO) December 22, 2015, BRYANPAGLIANO was terviewed Federal Bureau
Investigatiqn (FBJ) Special Agents!
Technology Specialist/Forensic Examined
land Infonnation
lat the offices the Department Justice
CounterintelJiaence and ort Control Section CES Also present, were AkinGump attorneysD ,...............,.........,.........................~nsel and Mark MacDougaJI,
Partner. Additionally
lfrom the
U.S. Department Justice were also pre~enJ,. After being advised the identities the interviewing
agents, and the purpose the interview, PAGLIANO provided the following information: