crew v. eop: regarding missing wh emails: 6/24/08 - crews response to notice of supplemental...

8/7/2019 CREW v. EOP: Regarding Missing WH Emails: 6/24/08 - CREWs Response to Notice of Supplemental Authority

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UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLUMBIA

____________________________________

CITIZENS FOR RESPONSIBILITY AND )

ETHICS IN WASHINGTON, ))

Plaintiff, )

)

v. ) Civil No. 07-01707 (HHK/JMF)

)

EXECUTIVE OFFICE OF THE )

PRESIDENT, et al., )

)

Defendants. )

____________________________________)

NATIONAL SECURITY ARCHIVE, ))

Plaintiff, )

)

v. ) Civil No. 07-01577 (HHK)

)

EXECUTIVE OFFICE OF THE )

PRESIDENT, et al., )

)

Defendants. )

____________________________________)

PLAINTIFF CREWS RESPONSE TO DEFENDANTS

NOTICE OF SUPPLEMENTAL AUTHORITY

On June 17, 2008, defendants filed a notice of supplemental authority with this Court

regarding the recently issued decision in CREW v. Office of Administration, Civ. No. 07-964

(CKK) (D.D.C. June 16, 2008). In response, CREW notes as follows:

On June 16, 2008, the date that the opinion and order issued in CREW v. Office of

Administration, CREW filed a notice of appeal. In addition, CREW has sought from the district

court a stay pending appeal (attached as Exhibit 1) that would require the Office of

Administration (OA) to retain all documents potentially responsive to CREWs Freedom of

Information Act (FOIA) requests at issue in that litigation pending the outcome of the appeal.

Case 1:07-cv-01707-HHK-JMF Document 79 Filed 06/24/2008 P


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By Minute Order dated June 20, 2008 (attached as Exhibit 2), the district court set an expedited

briefing schedule and ordered OA to retain all documents subject to CREWs FOIA action

pending the courts resolution of CREWs motion for a stay.

Finally, CREW notes that the issue in CREW v. Office of Administration is whether OA

is an agency under the FOIA and must therefore respond to CREWs requests for documents

created and assembled by OA in the fulfillment of its responsibilities. As set forth in CREWs

complaint, OA is sued here because OA has possession and control of back-up tapes containing

many of the deleted records at issue in this case. Complaint, 10. Those backup tapes contain

federal record and presidential record e-mails . . .in commingled form that were copies from

White House servers serving [a]ll components of the White House . . . Id. at 33.

Respectfully submitted,

____/s/_____________________

Anne L. Weismann

(D.C. Bar No. 298190)

Melanie Sloan

(D.C. Bar No. 434584)

Citizens for Responsibility and Ethicsin Washington

1400 Eye Street, N.W., Suite 450

Washington, D.C. 20530

Phone: (202) 408-5565

Fax: (202) 588-5020

Attorneys for Plaintiff CREW

Dated: June 24, 2008

Case 1:07-cv-01707-HHK-JMF Document 79 Filed 06/24/2008 P


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