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Judicial Watch • JW v State explanation status report 00688

JW v State explanation status report 00688

JW v State explanation status report 00688

Page 1: JW v State explanation status report 00688


Number of Pages:4

Date Created:February 5, 2016

Date Uploaded to the Library:February 12, 2016

Tags:folders, Secretariat, identified, 00688, Explanation, files, Sullivan, Mills, documents, individual, responsive, Secretary, defendant, clinton, filed, plaintiff, State Department, document, records, department, FOIA, office

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Case 1:15-cv-00688-RC Document Filed 02/05/16 Page THE UNITED STATES DISTRICT COURT
Civil Action No. 1:15-cv-00688 (RC)
STATUS REPORT January 14, 2016, Defendant U.S. Department State State reported
the Court that had recently identified source potentially-responsive State Department
documents collection electronic files that had not previously been identified
searched. State explained that search these newly identified documents, must upload the
files system which they can electronically searched. Def. Mot. Stay Briefing
Schedule 1-2 [ECF No. 21]. January 15, 2016, the Court entered minute order directing State complete
this search and file status report February 2016 that (1) discloses the volume
potentially responsive documents that must reviewed, (2) contains detailed description
how and when these files were located and why they had not been previously identified, and (3)
proposes revised schedule for the production the non-exempt portions responsive
Plaintiff FOIA request this case seeks production Any and all records that identify the policies and/or
procedures place ensure that former Secretary State Hillary Rodham Clinton personal charitable
financial relationships with foreign leaders, foreign governments, and business entities posed conflict interest her role Secretary State; and Any and all records concerning, regarding, related State Department
review donations the Clinton Foundation for potential conflicts interest with former Secretary Clinton role Secretary State. Compl.
Case 1:15-cv-00688-RC Document Filed 02/05/16 Page
documents subject FOIA. Minute Order dated Jan. 15, 2016. The Court also ordered Plaintiff file response State proposed production schedule February 2016. Id. Owing the
recent snow emergency, the Court, upon State unopposed motion, extended these deadlines
February and 10, 2016, respectively. Minute Order dated Jan. 28, 2016. accordance with the Court orders, State respectfully submits this Status date, State has identified approximately 2500 potentially responsive
documents from the newly identified files that must reviewed.
The newly identified files that were recently searched this case consist
shared electronic office folders that were available employees within the Office the
Secretary during former Secretary Clinton tenure (hereinafter shared office folders well individual electronic folders files belonging Jake Sullivan and Cheryl Mills (hereinafter
individual folders
Shared Office Folders: April 2015 prior its search this case the
Secretariat Staff within the Office the Executive Secretariat S/ES-S retired the shared
office folders and transferred them the custody the Bureau Administration, Office
Information Programs and Services IPS With regard its search this case, S/ES-S
identified number sources where potentially responsive records might reasonably
expected found. These sources records included several electronic databases and the
email accounts several former State employees, including former Secretary Clinton, Cheryl
Mills and Jacob Sullivan. The IPS employees working this FOIA request did not initially
identify S/ES retired records location search for potentially responsive records because abundance caution, State also searching additional retired records, but does not anticipate that this
search will affect the proposed schedule below.
Case 1:15-cv-00688-RC Document Filed 02/05/16 Page
they were operating with the understanding that, the extent responsive records from the Office the Secretary existed, they resided within S/ES. These IPS employees were unaware the
time that these shared office files had been retired. The potential need search these retired
materials first came the attention IPS employees working another FOIA request
November, when they located document that referenced these shared office folders. IPS then
contacted S/ES-S regarding the existence these shared office folders and was informed that
S/ES-S had retired these folders.
Individual Folders: the time S/ES-S completed its searches for this case, the
individual folders resided within the Office the Executive Secretariat S/ES under the
custody S/ES Office Information Resource Management S/ES-IRM These
individual folders contain electronic documents such Word documents and PDF documents, well the archived emails former officials Jacob Sullivan and Cheryl Mills the form
PST files. These PST files were not newly identified but rather had been provided S/ESIRM S/ES-S conduct searches these email accounts for various FOIA requests. Prior
December 2015, those responsible for FOIA searches within S/ES-S were operating the
understanding that the individual folders contained solely these PSTs archived emails. was
not until December 2015, the course inquiring different FOIA case, that S/ES-S
became aware that there were other file types addition the archived emails contained within
these individual folders which had not been searched.
These IPS employees requested these records from State Records Service Center and received access them
The individual files were retired and transferred the custody IPS early January.
PST file format used store copies messages and other items within Microsoft software such Microsoft
Case 1:15-cv-00688-RC Document Filed 02/05/16 Page the days before Christmas, State employees investigated and determined that
the shared office folders and the individual folders should searched for records responsive
this FOIA request. January, State determined that would not able complete these
searches before the date set for State motion for summary judgment.
State proposes begin production responsive documents Plaintiff March
15, 2016, with rolling production responsive documents every month thereafter necessary,
until the completion production, the date for which will provided Plaintiff with State
initial production. State also proposes that within two weeks the completion production,
the parties will meet and confer and file joint status report regarding whether the parties believe
that further briefing necessary this case and, so, proposing briefing schedule.
Dated: February 2016
Respectfully submitted,
Principal Deputy Assistant Attorney General
Deputy Director
/s/ Daniel Riess
Trial Attorney
U.S. Department Justice
Civil Division, Federal Programs Branch Massachusetts, Avenue, N.W.
Washington, 20530
Tel: 202-353-3098
Counsel for Defendant