FBI OSC Clinton NDA

U.S. OFFICE OF SPECIAL COUNSEL 1730 M Street, N.W., Suite 218 Washington, DC 20036-4505 (202) 804-7000 February 23, 2018 Mr. Kenneth Whittle MuckRock DEPT MR 46787 411A Highland Avenue Somerville, MA 02144 Via : requests@muckrock.com Re: Freedom of Information Act Request FO-18-0039 Dear Mr. Whittle This letter acknowledges that the U.S. Office of Special Counsel’s (OSC) Office of General Counsel received your December 14, 2017 Freedom of Information Act (FOIA) request on December 14, 2017. We understand your request to be for any and all records, information, documents, communications, and any NDAs between OSC and FBI, in relation to the Hillary Clinton investigation. Your request has been assigned tracking number FO-18-0039.  Please refer to this tracking number in future communications with OSC regarding this request. OSC categorizes its FOIA requests in two tracks, “simple” and “complex.”  We then generally process the requests in the order in which they were received within each category.  After an initial review, we have placed your request in the complex track. Please note that your FOIA request presents “unusual circumstances” as described in the FOIA because the request will require searching for, collecting, and examining a voluminous amount of material to determine if there are any responsive records and/or to process responsive records.Additionally, t he records you requested require consultation with other components within OSC or with another federal agency and it will take time to consult with them. Such unusual circumstances allow agencies to extend the time needed to complete the processing of a request beyond 20 working days.  You may wish to consider narrowing the scope of your request to limit the number of potentially responsive items or to arrange for an alternative time frame for processing your request. If you have any questions, would otherwise liketo discuss your request, or you require dispute resolution services, pleasefeel free to contact Ken Hendricks, OSC’s Chief FOIA Officer and acting FOIAPublic Liaison, at 202-804-7000 or khendricks@osc.gov Pleasereference the above tracking number when you call or write. Additionally, you may contact the Office ofGovernment Information Services (OGIS) at the National Archives and RecordsAdministration to inquire about the FOIA mediation services they offer. With kind regards, /s/ Katie Baker Attorney FOIA Team Office of the Clerk [1] You can reach OGIS by mail at Office ofGovernment Information Services (OGIS), National Archives and RecordsAdministration, 8601 Adelphi Road, Room 2510, College Park, MD, 20740-6001; byemail at ogis@nara.gov; by fax at 202-741-5769; or by telephone at 202-741-5770or toll-free at 1-877-684-6448.

Good afternoon,

Your pending FOIA request with our office currently stands at 208 of 253 total requests pending in our processing queue. OSC generally addresses requests on a first-in first-out basis.

Thank you,

FOIA Team

Katie Baker
Attorney
U.S. Office of Special Counsel
1730 M Street, N.W.
Washington, D.C. 20036-4505
(202) 804-7024

NOTICE: This message and any attachments may contain information that is sensitive, confidential, or legally privileged. If you are not the intended recipient, please immediately notify the sender and delete this email from your system; you should not copy, use, or disclose its contents. Thank you for your cooperation.

Good afternoon,

This email is in regard to your FOIA request, FO-18-0039. Please refer to the attached letter. You will receive the remaining 112 pages of complaints in a separate email.

Thank you,

Katie Baker
Attorney
U.S. Office of Special Counsel
1730 M Street, N.W.
Washington, D.C. 20036-4505
(202) 804-7024

NOTICE: This message and any attachments may contain information that is sensitive, confidential, or legally privileged. If you are not the intended recipient, please immediately notify the sender and delete this email from your system; you should not copy, use, or disclose its contents. Thank you for your cooperation.

Hello Mr. Whittle,

This email is in regards to your FOIA request, FO-18-0039. The request was assigned to me not too long ago. We responded with an interim in April, and I apologize for the delay in responding to the remaining portions of your request. I would like to discuss the remaining portions of your request to see whether (1) you are still interested in receiving these records, (2) if not, would you be willing to withdraw your request (3) if so, would you be willing to amend the scope of the request in any way-are there records you are particularly interested in? Please feel free to call me to discuss further.

Thank you,

Katie Baker
Attorney
U.S. Office of Special Counsel
1730 M Street, N.W.
Washington, D.C. 20036-4505
(202) 804-7024

NOTICE: This message and any attachments may contain information that is sensitive, confidential, or legally privileged. If you are not the intended recipient, please immediately notify the sender and delete this email from your system; you should not copy, use, or disclose its contents. Thank you for your cooperation.

Hello Mr. Whittle,

I am following up with you on this request. Are you still interested in receiving the remaining records? If so, please let me know whether you would be willing to amend the scope of your request to the following records:

1. A copy of the 3 signed (final) Non-Disclosure Agreements with FBI;

2. A copy of the 2 witness interview transcripts;

3. All records that OSC received from FBI (including the Comey interview transcript).

These are the primary records that make up the Comey Hatch Act file. Please feel free to contact me to discuss further.

Thank you,
Katie Baker

Thank you, Mr. Whittle. We are currently consulting with the FBI on these records. We hope to have a final response to you within the next several weeks.

Hello Mr. Whittle,

We are still in consultation with the FBI regarding the requested records. FBI estimates that they will have a response to the consultation by the end of September. I'm very sorry for the delay, but I will continue to give you updates.

Thank you,
Katie Baker

Hello,

We are actually hoping to have a final response to you before the end of this week.

Thank you,
Katie Baker

Hello Mr. Whittle,

This email is in regards to FOIA #FO-18-0039. Please refer to the attached letter.

Thank you,

Katie Baker
Attorney
U.S. Office of Special Counsel
1730 M Street, N.W.
Washington, D.C. 20036-4505
(202) 804-7024

NOTICE: This message and any attachments may contain information that is sensitive, confidential, or legally privileged. If you are not the intended recipient, please immediately notify the sender and delete this email from your system; you should not copy, use, or disclose its contents. Thank you for your cooperation.

An interim response, stating the request is being processed.

Hello Mr. Whittle,

Hello Mr. Whittle,

Did FBI send you an acknowledgement letter? FBI should have sent one when they received the referral package from us. I will follow up with them to see whether they can send you a status update.

Thank you,
Katie Baker

Hello Mr. Whittle,

I reached out to my FBI contacts yesterday about sending you a status update. I have yet to receive a response. I will let you know if/when I hear from them. The attachment you provided yesterday is OSC's final response. Do you have a copy of FBI's acknowledgement letter? They should have sent one once they received our referral of the 6 pages (NDAs).

Thank you,
Katie Baker

A fix is required to perfect the request.

Good morning,

Please be advised that we have already sent you a final response for this request. In that response we informed you that the records would need to be referred to the FBI for their review and direct response to you. I asked you back in May whether you received an acknowledgement letter from FBI and you confirmed that you did. Have you been in touch with someone at the FBI regarding this request?

Thank you,
Katie Baker

A copy of documents responsive to the request.

A cover letter granting the request and outlining any exempted materials, if any.

A cover letter granting the request and outlining any exempted materials, if any.

A copy of documents responsive to the request.