segment: s/es-0001 dear ms. bailey - judicial · pdf filemall of former secretary of state...

Ms. Kate Baily Judicial Watch 425 Third St. SW. Suite 800 Washington, DC 20024

Dear Ms. Bailey:

Obtained by Judicial Watch, Inc. via FOIA

United States Department of State

Washington, D. C. 20520

Case No. F-2015-05048 Segment: S/ES-0001

I refer to our letter dated October 8, 2015, regarding the release of certain Department of State records under the Freedom of Information Act (the "FOIA"), 5 U.S.C. § 552.

The searches of the records of the Office of the Executive Secretariat have been completed and resulted in the retrieval of nine documents responsive to your request. After reviewing these documents, we have determined that all nine may be released in full. All released material is enclosed.

We will keep you informed as your case progresses. If you have any questions, please contact Trial Attorney Lisa Ann Olson at (202) 514-5633 or [email protected].

Sincerely,

John F. Hackett, Director Office of Information Programs and Services

Enclosures: As stated

UNCLASSIFIED U.S. Department of State1 Case NJ od. F-?01~-05048 noc No. C05844663 Date: 11/12/2015

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Cover Sheet

201509182: (U) 6/15 Letter to U/S Pabick Kennedy from David E. Kendall of Williams a. Connolly LLP re: e-mail which former Secretary Clinton produced to the State Department on December S, 2014

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U.S. Department of State

[REVIEW AUTHORITY: Frank Tumminia, Senior Revieweij

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UNCLASSIFIED U.S. Department of St::ite1

Cas15e ~ g. F-

1 ?01!'l-05048 noc No. C05844665 Date: 11/12/2015

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DAVID!. ltDIDALL (202) 434·5MS dbmlallOwc.com

BY HAND

LAW OFFICES

Wll.LIAMS 8 CONNOUY LLP 725 TWELFTH STUET. N.W.

\VASHJNCTON, D. C. 20005·5901

(202) 434.5000

FAX (202) 434·5029

June IS, 2015

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Mr. Patrick F. Kennedy !RELEASE IN FULQ

Under Secretary of State for Management United States Department of State 220 I C Street NW Washington, DC 20520-6421

Dear Mr. KeMedy: ·

Thank you for your letter dated May 22, 2015, referencing an e-mail which former Secretary Clinton produced to the State Department on December S, 2014 (e-mail forwarded by Jacob Sullivan to Secretary Clinton on November 18, 2012, at 8:44 pm (Subject: Fw: FYI-Report of arrests-possible Benghazi coMection)). You note that this e-mail, while previously unclassified, was recently classified "Secret", pursuant to Section J.7(d) of Executive Order 13526, following a Freedom oflnformation Act review by the State Department.

This will confirm receipt of your letter and that, pursuant to your request, we have located all non-electronic copies of this document in our possession and placed them in a sealed brown envelope, addressed to Deputy Legal Adviser Richard Visek. The en\lelope wu picked up by a State Depanment representative on May 28, 2015.

This will also confinn that. punuant to your request, we will copy onto a disc the electronic venion of the e-mails previously produced in hard copy to the Department on December S, 2014. We will anange for delivery ofthjs disc to the Department as requested in your Jetter.

This will aJso confinn that, punuant to your request, we have deleted all electronic copies of this document, with the following exception. I have received document preservation requests pertaining to the SS,000 pages of e-mails from the House of Representatives Select Committee on Benghazi, the Inspector General of the State Departtnent, and the Inspector General of the Intelligence Community (DNI). I have responded to each preservation request by confinning to the requestor that I would take

!REVIEW AUTHORITY: Frank Tumminia, Senior Revieweij

UNCLASSIFIED U.S. Department of State Case No. F-2015-05048 Doc No. C05844665 Date: 11/12/2015


Caase JNo .. .F1-?015-05048 Doc No. C05844665 Date: 11/12/2015

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WJUJAMS 8 CONNOLLY LLP

Mr. Patrick F. Kennedy June 15, 2015 Page2

Department, and the Inspector General of the Intelligence Community (DNI). I have responded to each preservation request by confirming to the requestor that I would take reasonable steps to preserve these 55,000 pages of former Secretary Clinton's e-mails in their present electronic fonn. I therefore do not believe it would be prudent to delete, as you request, the above-referenced e-mail from the master copies of the PST file that we are preserving.

Once the document preservation requests referenced above expire, we will proceed to make the requested deletions. This present amngement would cover the single document recently classified "Secret". Should there be further reclassifications during the Department's FOIA review of fonner Secretary Clinton's e-mails, it also would cover any such additional documents.

We would be grateful for the return of the 1246 e-mails which the Department, in consultation with the National Archives and Records Administration, has determined not lo be federal records, as referenced in the May 6, 201 S letter from NARA's Paul Wester to Ms. Margaret Grafeld, Deputy Assistant Secretmy for Global lnfonnalion Services at the Deportment.

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Casbe JNo, F-1 ?015-05048 Doc No. C05844667 Date: 11/12/2015

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201507876: (U) REVISED Conected Copy: 5/22 lettarfrom Under Seaetary Kennedy ID David E. Kendall, Esq., Wiiiiams • COnnolly Wt, re: the Report of Al 1esl5 - Possible Benghazi connection email

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U.S. Deparbnent of State

(REVIEW AUTHORITY: Frank Tumminia, Senior Reviewed

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UNCLASSIFIED U.S. Department of St;:ite1

Cas15e NJ od. F-

1 ?n1!1-n5048 Doc No. C05844670 Date: 11/12/2015

-Oo a1nea y u 1c1a Watcli , Inc. via FOIA

David E. Kendall. Esq. Williams & CoMolJy LLP 725 12th Street, NW Washington, DC 20005

Dear Mr. Kendall:

UNDER SECRETARY OF STATE

FOR MANAGEMENT

WASHINGTON

MAY 22 2015

CORRECTED COPY

[RELEASE IN FULQ

I am writing in reference to the following e-mail that is among the.approximately 55,000 pages that were identified as potential fedeml records and produced on behalf of fonner Secretary Clinton to the Department of State on December 5. 2014: E-mail forwarded by Jacob Sullivan to Secretary Clinton on November 18, 2012 at 8:44 pm (Subject: Fw: FYI- Report of arrests -possible Benghazi connection).

Please be advised that today the above referenced e-mail, which previously was unclassified. has been classified as "Secret" pursuant to Section 1. 7( d) of Executive Order 13526 in connection with a review and release under the Freedom of Information Act (FOIA). In order to safeguard and protect the classified information. I ask- consistent with my letter to you dated March 23, 2015 -that you. Secretary Clinton and others assisting her in responding to congressional and related inquiries coordinate in taking the steps set forth below. A copy of the document as redacted under the FOIA is attached to assist you in your search.

Electronic Records

I) Consistent with my March 23 Jetter, and to the extent the documents are stored electronically, please copy onto a digital video disc (DVD) or compact clisc (CD) the approximately 55,000 pages. If available. the Department would ask that the documents be provided in native electronic format with the associated metadata. These steps are in accordance with counsel we have received from the National Archives and Records Administmtion.

2) Once the copy has been made place the disc(s) in a brown envelope. seal it, address it to Richard Visek. Deputy Legal Adviser, U.S. Department of State, Washington. D.C., and mark the word "SECRET" on the outside of that envelope. Once that is done, please notify us and we will pick up the envelope from your office.

3) Once you have made the electronic copy of the documents for the Department, please locate any electronic copies of the above-referenced clnssified document in your possession. If you locate any electronic copies, please delete them: Additionally, once you have done that, please empty your "Deleted Items" folder.

!REVfEw AUTHORITY: Frank Tumminia, Senior Reviewerl



Caase JNo .. .F1-?0

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0nAoc No. C05844670 Date: 11/12/2015

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Non-Electronic Copies

I) Please locate any non-electronic copies of the classified document in your possession.

2) Place any copies of the document that you locate in a brown envelope, seal it, address it to Richard Visek, Deputy Legal Adviser, U.S. Department of State, Washington, D.C., and mark the word "SECRET' on the outside of that envelope. Once that is done, please notify us and we will pick up the envelope from your office.

Finally, please note that the classification of this document pursuant to Executive Order 13526, Section l.7(d), does not in itselfindicate that any person previously acted improperly with respect to the document or the information contained ~erein.

If you should have any questions regarding the steps set forth above, please contact Richard Visek in the Office of the Legal Adviser. In the meantime, I ask that you confirm receipt of this letter as soon as possible.

Very truly yours,

~L~[


UNCLASSIFIED U.S. Department of St~te1 Cas~ ~oa. F-1 ?011~-05048 noc No. C05844674 Date: 11/12/2015

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[RELEASE IN FULQ

Cover Sheet

201504740: (U) 3/'23 letter from Under Secretary Kennedy to David E. Kendall, Esq. Williams IL Connolly LLP. regarding the electronic mall of former Secretary of State Hillary Clinton.

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1 ?015-05048 noc No. C05844675 Date: 11/12/2015

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UNDl!R SECRETARY OF &TATE

FOR MANAG•BHT

WASHINGTON

MAR 2 3 2015

JRELEASE IN FULLJ

Dear Mr. Kendall,

I am writing·in reference to the approximately SS,000 pages of electronic mail that were identified as potential federal records and produced on behalf of former Secretary Clinton to the Department of State on December 5, 2014 in response to its request for assistance under the Federal Records Act. ·

We understand that Secretary Clinton would like to continue to retain copies of the documents to assist her in responding to congressional and related inquiries regarding the documents and her tenure as head of the Department. The Department has consulted with the National Archives and Records Administration (NARA) and believes that permitting Secretary Clinton continued access to the documents is in the public interest as it will help promote infonned discussion. Accordingly, Secretary Clinton may retain copies of the documents provided that: access is limited to Secretary Clinton and those directly assisting her in responding to such inquiries; steps are taken to safeguard the documents against loss or •mantho.rized access; the documents are not released without written authorization by the Department; and there is agreentent to return the documents to the Department upon request. ~dditionally, following NARA's counsel, we ask that, to the extent the documents are stored electronically, they continue to be preserved .in their electronic format. In the event that State Department reviewers determine that any document or documents is/are classified, additional steps will be required to safeguard and protect the information. Please note that if Secretmy Clinton wishes to release any document or portion thereof; the Department must approve such release and first review the document for information that may be protected from disclosure fo~ privilege, privacy or other ressons.

[REVIEW AUTHORITY: Frank Tumminia, Senior Reviewetl

Mr. David E. Kendall, Esq., Williams & Connolly U.P,

725 12th Street, NW, Washington, DC 20005.


·-UNCLASSIFIED U.S. Department of St~tet Case r;Jo. F

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I would appreciate it if the Secietary or her designee would confirm agreement to the conditions described above in writing as soon as poss!J'le. .

Very truly yours,

rr~:s,

UNCLASSIFIED U.S. Department of State Case No. F-2015-05048 Doc No. C05844675 Date: 1.1/12/2015

UNCLASSIFIED U.S. Department of St~te Case No. f-?015-05048 Doc No. C05844708 Date: 11/12/2015 <JE>ta1necfby Jud1c1al Watch, Inc. via FOIA

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201509841: (U) 6/30 Letter from Under Secretary Kennedy to David E. Kendall, Esq., Katherine Turner, Esq., Wllllam • Connolly LLP, Re: e-mails on the attached listing which were Identified as potential federal records and produced on behalf of former Secretary Clinton

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!REVIEW AUTHORITY: Frank Tumminia, Senior Reviewerj

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UNCLASSIFIED U.S. Department of St~te Cas~ No. F-?015-0504R noc No. C05844712 Date: 11/12/2015 -05tameal>y Juo1c1al Watcn, Inc. via l"OTA

David B. Kendall, Esq. Katherine Turner, Esq. Williams & ComlOUy LLP 725 12th Street. NW Washington, DC 20005

Dear Mr. ICmidall & Ms. Turner.

UNDER SECRETARY OF STATE

FOR MANAGEMENT

WASHINGTON

JUN S 0 2015

[RELEASE IN FULQ

I am writing in refelence to the e-mails on the attached listing ("listed documents"') that are among the approximately SS,000 pages that were identified as potmtial federal records and produced on behalf of former Secretary Clinton to the Department of State on December 5, 2014.

Please be advised that portions of the listed documents bave now been classified as "Confidential" pursuant to Section 1.7(d) ofBxecutive Order 13526 in connection with a review and ielease under the Fieedom of Jnfoimation Aet (FOIA). In order to safeguard and protect the classified information. I ask- consistent with my letters to you daced March 23 and June 19, 2015 - that you, Secretary Clinton and otbms assisting her in responding to congressional and related inquiries coordinate in taking the str;ps set forth below.

J. If there are electronic copies of the lisled documents in your possession (other than on the master copies that are being s,ecured at your firm). please delete them. Additionally, om:c you have !fone that, please empty your "Deleted Items" folder.

2. Place any non-electronic copies of the listed documents that you locate in a brown envelope. seal it. address it to my office and mark the word "CONFIDENTIAL" on the outside of that envelope. Once that is done. please notify us and we will pick up 1he envelope fiom your office.

3. If any of these documents have been fbrther diwminated,, the recipients must also be put on notice about their clusitication. AB descnDed above, electronic copies should be deleted and non-electronic copies should be zetrieved and provided to the Department.

Finally, please note that the classification of portions of the listed documents purswmt to Executive Order 13526, Section 1. 7(d), does not in itself indicate that any penon previowdy acted improperly with respect to the docmnent or the iDformation contained therein.

[REVIEW AUTHORITY: Frank Tumminia, Senior Reviewefj


UNCLASSIFIED U.S. Department of State Case No. F-2015-05048 Doc No. C05844712 Date: 11/12/2015 Obtained by Judicial Watch , Inc. via FOIA

2

If yo\i should have any questions iegarding the steps set forth above. please contact Frank Villeins in the Bmeau of Diplomatic Security's Office of Information Security. In the meantime, I ask that you confirm ieceipt of this letter IS soon IS possi'ble.

Very truly yours,

~0--LI-...--....., Patrick F. Kennedy

Enclosure IS stated


UNCLASSIFIED U.S. Department of State1Case No .. F-?015-0504.8 Doc No. C05844715 Date: 11/12/2015

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[REVIEW AUTHORITY: Frank Tumminia, Senior Reviewe~

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Redasslflcatlon/Cfasslflcatlon of lnfonftatron Under Section 1.7 (d) of Executive Order 13526

SublactUne Date nme Re: Honduras 10/25/2009 11:19PM Meet1111 Between DSE Fanner and President Preval

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FW: Late Nlsht Clll with Mlchele Pierre Louis &/16/2009 7"17 AM Re: E8ypt 11/27/2009 6:48AM Re: flYDt 11/27/2009 6:52AM Re: DPRK/CHINA: AMCIT BORDER DETENTIONS UPDATE #11 3/30/2009 3:53PM Re: DPRIC/CHINA: AMCIT BORDER DETENTIONS UPDATE #13 4/1/2009 4:44PM Note for the Secretary on May 6 with Sergei Ryabltov and Anatoly Antonov on the Strategic Arms Reduction Follow-on-Treaty (START FO) and the Conventtonal Forces In Europe Treaty (CFE) 5/6/2009 NA Fw: 5/7/2009 S:OSAM Fw: 5n/2009 S:OSAM Fw: 1 Pap Trip Report from China, Korea, and Rome 6/8/2009 5:21AM Trip Report from Shanghai, Beijing, Seoul, Rome 6/6/2009 NA


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