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Judicial Watch • JW v State HRC email response 01242

JW v State HRC email response 01242

JW v State HRC email response 01242

Page 1: JW v State HRC email response 01242

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Number of Pages:46

Date Created:January 10, 2019

Date Uploaded to the Library:January 08, 2019

Tags:Smilansky, Finney, 01242, Discovery, action, testimony, Susan Rice, HRC, Sullivan, Civil, Plaintiffs, response, email, government, Benghazi, Hillary Clinton, Secretary, clinton, filed, Obama, State Department, plaintiff, document, FBI, department, FOIA


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Case 1:14-cv-01242-RCL Document
Filed 12/19/18 Page THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT COLUMBIA
Plaintiff,
U.S. DEPARTMENT STATE,
Defendant.
_______________)
WDICIAL WATCH, INC.,
Civil Action No. 14-cv-1242 (RCL)
PLAINTIFFS PROPOSED DISCOVERY PLAN
Pursuant the Courts December 2018 Order, Plaintiffs 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 Courts
order Plaintiffs 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 Plaintiffs interrogatories and document requests days ensure Plaintiff has all relevant
information prior conducting any depositions.
Plaintiff complying with the Courts 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 Defendants 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 Defendants legal arguments opposing some its proposed
discovery. the extent the Court needs additional information from Plaintiff, Plaintiff
promptly will provide such information the Courts request. may appear the parties are agreement principle regarding Plaintiffs
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 Clintons use private email server was intended stymie FOIA.
Depositions:
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 clintonemail.com 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
Clintons 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
-2-
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 Secretarys
email account.
Heather Samuelson (Senior Advisor White House Liaison during Secretary
Clintons tenure and assisted with the return the emails from the
clintonemail.com system). During Secretary Clintons tenure, Samuelson initially
worked assistant the State Departments 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 Clintons email
accounts. Samuelson subsequently served one Secretary Clintons personal
attorneys and, 2014, reviewed Secretary Clintons clintonemail.com email
account identify federal records. The records returned Secretary Clinton
December 2014 were records identified Samuelson.
Jacob Sullivan (Secretary Clintons senior advisor and Deputy Chief Staff
throughout her tenure).
Interrogatories:
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 Departments intent settle this case late 2014 and
early 2015 amounted bad faith.
Depositions:
Clarence Finney. See above.
John Hackett (Deputy Director, Office oflnformation Programs and Services).
Gene Smilansky (Employee within the State Departments Office the Legal
Advisor). this capacity, Smilansky was involved the processing FOIA
requests pertaining Secretary Clintons 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 Clintons email 2014, including the CREW FOIA request.
-3-
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 Clintons 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 Departments 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
-4-
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 Clintons email account. Judicial Watch, Inc. U.S. Dep State
(RDM) (D.D.C.) (Case No. 16-574).
Interrogatories:
Identify name the Management Analyst who performed the initial search
Office the Secretary records September 23, 2014. See Hackett Declaration ,i,i 14-16.
Identify the date which the subset HRCs 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 Watchs request.
Depositions:
Justin Cooper. the creator and manager the clintonemail.com 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 Clintons tenure). key assistant Secretary Clinton,
Hanley likely possess information about the identities individuals with
whom Secretary Clinton communicated email.
Lauren Jiloty. (Secretary Clintons Special Assistant during her tenure). her
capacity Special Assistant, Jiloty entered Secretary Clintons contacts into the
secretarys Blackberries, and accordingly, very likely possess information
about the identities individuals with whom Secretary Clinton communicated
email.
-5-
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 Clintons emails, where
they were recovered, and where recovery was not obtained.
Susan Rice (former U.S. Ambassador the United Nations during Secretary
Clintons 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 Rices appearances
Sunday morning shows (9/16/12);
The dissemination/ discussion about talking points advance Rices
appearances;
The follow-up/wrap Rices appearances; and
What the State Department knew about the attack and when knew it.
Document Requests:
All records that concern relate the State Departments 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 ofFOIA Request No. F-201408848, served the State Department Judicial Watch, Inc. May 13, 2014.
-6-
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-17 and any
search slips, search tasker, and search details, also should considered
responsive.
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.
Interrogatories:
Identify the number emails contained within State Department systems
records that were sent from cc-ed bcc-ed the clintonemail.com
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
-7-
Case 1:14-cv-01242-RCL Document
Dated: December 19, 2018
Filed 12/19/18 Page
Respectfully submitted,
JUDICIAL WATCH, INC.
Isl James Peterson
James Peterson (D.C. Bar 450171)
Ramona Cotca (D.C. Bar No. 501159)
Attorneys for Plaintiff
-8-
Case 1:14-cv-01242-RCL Document 62-1 Filed 12/19/18 Page
Exhibit
Case 1:14-cv-01242-RCL Document 62-1 Filed 12/19/18 Page
ALL l:SI Ulf OIWAlION COlllAINEC
fD-302a (Re,. 0-tllains nci1hcr rcconu11cnda1ia11s nor conclusions: Uic FJ3L is: the ptOpCfl) tbc FBI and lom1cd your agency;
and its comcnts arc not  presidentclinton.com and clintonemail.corn. Both
domains were also main ained Exchange server PAGUANO believed!
COOPER,
and
had email accounts the lin on.com domain, and HUMA
ABED and
had email accounts
the cHntonemail.com domain. Once email was migrated Exchange server all users could use either
the presidentclinton.com clintortemaiI;com domains for receiving emaiJ but replies would sent from
the clintonemail.com domain for users the clintonemaiLcom domain. PAGLIA did not know
HILLARY CLINTON had ari account the Apple server, but did not migrate one. PAGLIANO
did not know how users connected the Apple served
!or COOPER would monitor the
printer linked the Apple server, but PAGLIA was unaware what. anything. was -used for.
PAGUANO betie.ved the people with physical access the Apple server was ariyone who had
access the basement the CLINTON residence.I
)had physical access, but not administrative
access, the server. Sometime after the email migration from the Apple server Exchange
server was complete, COOPER discussed repurposing the Apple server with PAGLIANO.
PAGLIANO believed the intention was for the Apple server installed workstation
somewhere the basement Chappaqua for use either COOPER orl
b7C
b7C
case 1:14-cv-01242-RCL Document 62-1 Filed 12/19/18 Page
FD-.,02a (Re,. I0-(1-95)
Conlinuntion FD-302
Intcric\ I3mrn.filglianp,,.__ 12/22/20 I:i Page _.....:3.:......__
(U//retJe} PAGLJANO requisitioned the hardware for Exchange Server from datacenter
H[LLARY CUNTONs presidential campaign headquarters 4420 Fairfax Drive. Arlington.
Virginia. recalled the PowerEdge 2900 have been Microsoft SQL server and PAGLIANO did not
recall wiped the drives the hardware used build Exchange Server PAGLIANO made the
decision use Microsoft Small Business Server (SBS) enV1ronment Exchange Server since had
used before and assessed would perfect for small amount users exchanging emai1. Exchange
Server was only used for einait exchange, and although PAGLIANO did enable Windows SharePoint
Services., was never used. PAGLIA wanted use cloud service similar that used HILLARY
CLINTON 2008 Presidential campaign. but COOPER disagreed with PAGLJANO and did not want
use cloud service. Because this decision, PAGLIANO used external hard drive back-up
Exchange Server using Windows back-up serv.ice. effect this change, PAGLIANO scheduled task
through Windows for full back-up once week and differential back-up every day. These periodic
back-ups would overwrite the hard drive first-in, first-out manner. For security. PAGLIANO used
Microsoft Forefront the Dell PowerEdge 2900 baseline security analyzer. PAGLIA.NO recalled
finding virus, but recalled other detail. other than being nothing great concern. PAGLIANO
chose turn File Transfer Protocol (FTP) off.
(U//ffl.t;e) PAGLIANO thought the biggest vulnerability Exchange Server Brute
Force Attack (BFA). PAGLIANO stated that ~FAs increased over the life the server and set-up the
logs alert COOPER a-failed fog-in -att-empt. The Internet Protocol (IP) filtering the server was
manual using SISE straight block and PAGLIANO used Domain Name. System (DNS) for inbound
filtering. the Del1 PowerEdge 1950, PAGLIANO used Kiwi Syslog server and tried pull and
review the firewall log files once month. some point, COOPER put PAGLIANO contact with
trom the USSS for reason unknown PAGLIANO.I
~old PAGLIANO
also perform outbound filterin_g email traffic.
(U//FOU6) The back-up hard drive and mailboxes Exchange server were not encrypted,
PAGLIANO wanted move toward two-factor authentication using RSA authentication server for all
Remote Desktop Protocol (RDP) access Exchange Server because thought was good practice. test. PAGLlANO installed his workstation. well COOPER but PAGLIANO did not end implementing two-factor authentication and did riot tum offRDP access. PAGLIANO stated there
were security breaches .Exchange Server but there were lot BFAs. PAG LIANO knew the
attempts were instead users forgetting their passwords because the user names the BFA
attempts weren1 even close any legitimate user name. PAGLIANO could not recall specific country
that would attempt inordinate amount BFAs.
(U//FOUO) summer 2009, PAGLIANO noticed account Exchange server called H.,,
PAGLIANO asked COOPER who this email account belonged and COOPER stated belonged
HILLARY CLINTON. PAGLIANO assumed the account was personal email account. PAGLIANO
b7C
Case 1:14-cv-01242-RCL Document 62-1 Filed 12/19/18 Page
FD-302a (Re, 10-li-95)
Continunrion fD-302
[nlpYicw ofB Pi1i;l111no 12/22/20 Pngc _-l---
recalled the email account HDR 2:?.(i.~dintonemail.~tlfil. Later, after SYDNEY BLUMENTHAL
email account was hacked, HILLARY CLINTON accoJJnt changed HROl) Wt].dirmmemai l.c0n~.
(U//FeHe) summer 2009J
land!
both Information
Technology Specialists the DOS, contacted PAGL!JNO and asked him come 1he 711 floor DOS
Headquarters. Once there, PAGLIA was asked was aware the clintonemail.com domain and
PAGLIANO replied the affirmative. PAGLIJNO recalled nothing further thi enco nter.
PAGLIANO relayed this incident
and
had
visceral reaction and didnt want know 1:mymore. late 2009 early 20IO,
reached
out PAGLIANO again and relayed PAGLIA that the use private email server HCLLARY
CLINTON may federal records retention issue.!
lrelayed PAGLIA that wanted convey this HILLARY CLINTON sinner circle, but could not reach them and asked PAGLIANO
would relay this infonnation. GUANO then approached CHERYL MCLLS her office and relayed
lconcerns regarding federal records retention and the use private email server.
PAGUANO remembers MILLS replying that former Secretaries State had done the same thing,
include COLIN POWELL. PAGLIA thought may have also mentioned the federal records retention
issue with JUSTIN COOPER. Additionally, PAGLIANO recalled third conversation with!
where!
!brought 1.tp security concerns and stated that email ttllnsiting from state.gov
account Exchange Server should through Transport Layer Security (TL~) tunnel...
stated PAGLIA that wouldn surprised classified information was being transmitted. _____.
(UI/FOUO) PAGLIANO stated the hardwftre used for Exchange Server wa,sp~id for !he
CLINTON family and through the 2008 presidential campaign and least some the hardware was
acquired through US2 Computers. PAGLJANO believed most. financial apd acquisiti9n matters
regarding the CLINTONs would through COOPER directly. PAGLIA performed work for the
CLINTONs without contract and through contact with COOPER. COOPER wanted work under
retainer, but they settled hourly wage.
(U//ret:Je) June PAGLIA trnvelled Chappaqua perform maintenance and install
new upgrades Exchange Server The discs beg~n foiling the external hard drive Ex.change
Server and PAGLIANp replaced with CISCO NAS storage device. PAGLlANO chose CISCO
because they make good products and may have consulted US21 Computers wen. PAGLIA
allocated more than haff the storage space for back-ups Exchange Server and the rest for file
storage. When uninstalling the pard drive and insti,lling the CJSCO NA$, PAGLIANO did not move
the contents from one the other. PAGLIANO simply unplugged the USB connection for the 3TB hard
drive and pointed the server back-ups tcward the CISCO NAS. PAGLIA also added memory the
Dell PowerEdge 1950, added Gigabit switc~ upgraded CISCO ASA 5500 firewall, off loaded
syslogging the CISCO N~S. b