Justice Department documentation of inability to preserve e-communications

Shawn Musgrave filed this request with the Department of Justice - FOIA/PA Mail Referral Unit of the United States of America.

It is a clone of this request.

Est. Completion None
No Responsive Documents


From: Shawn Musgrave

To Whom It May Concern:

This is a request under the Freedom of Information Act. I hereby request the following records:

All documentation — for all Justice Department components — of inability to preserve e-communications.

A 2011 Attorney General memo (see http://www.justice.gov/sites/default/files/oip/legacy/2014/07/23/electronic-communications.pdf) directed that, "Each component should provide guidance to affected employees on how to preserve the various messaging formats (text, SMS, 1M, PIN, etc.), or any other e-communication that may contain potentially discoverable information. Where an e-communication containing potentially discoverable information cannot be preserved electronically or printed, the agency's inability to do so should be documented so that the preservation approach can be explained in court."

Given that this FOIA is submitted in my capacity as a journalist who has covered federal law enforcement extensively, I request that I be categorized as a media requester for the purpose of fees. Here is a selection of my published articles in a number of national media outlets on topics regarding federal law enforcement:










In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.

Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 20 business days, as the statute requires.


Shawn Musgrave

From: MRUFOIA Requests


Please see the attached response to your FOIA request. Please note, your request has been assigned tracking number EMRUFOIA032317-1.

Thank you,


From: OIP-NoReply@usdoj.gov

This message is to confirm your request submission to the FOIAonline application: View Request. Request information is as follows: (https://foiaonline.regulations.gov:443/foia/action/public/view/request?objectId=090004d281217b9b)
* Tracking Number: DOJ-2017-003162
* Requester Name: Shawn Musgrave
* Date Submitted: 03/23/2017
* Request Status: Submitted
* Description: FOIA request

From: OIP-NoReply@usdoj.gov

Attached is this Office's response to the above-referenced request.